Stephens & Stephens Legal

What to do if you’re in an accident

ovidio — Fri, 13 Apr 2012 15:49:09 +0000

Here are 10 things to do after a car accident:

1. Make sure everyone is ok – before concerning yourself with vehicle damage and exchanging insurance information, make sure that all parties to the accident are ok. If not, call 911.

2. Save the apologies for another time – yes, politeness is an admirable trait, but in this situation, a simple “I’m sorry, I wasn’t paying attention,” can be seen as an admission of liability.

3. Start talking – to witnesses, that is. Get all the relevant contact information of any bystanders that may have seen the accident.

4. Call Your Insurance Company – report the incident to your insurance company, even if you are completely at fault. Also, keep track of the time and money spent pursuing your claim.

5. Take Pictures – having proof of the damage to the car will help with insurance, and serve as evidence if there is a dispute down the line. One helpful tip is to always keep a disposable camera in your glove compartment for these situations.

6. Take Notes – similar to pictures, detailing the accident and the nature of your injuries as soon as possible can serve to expedite the process.

7. Get a Property Damage Figure from your Insurance Company – this valuation will serve as the amount you can recover or replace your car. If you are not happy with the figure from your insurance company, seek outside quotes.

8. Careful Who You Talk To – if the other party’s insurance company contacts you, your best response is to get in touch with your insurance company or attorney. Why? Because they are better equipped to handle the situation.

9. Don’t automatically accept the first estimate or offer you get – jumping the gun on the settlement can be a costly mistake.

10. Get an attorney – if there is a dispute with your insurance company, or the seemingly simple car accident suddenly turns complicated, then seeking legal counsel is your best bet.

11. Take a deep breath, everything is going to be ok.

State Farm says:
Be prepared

* Have a set of cones, warning triangles, or emergency flares in your trunk to help alert traffic
* It also helps to have a pen and a card with any relevant medical information for you and your family

Immediately after an accident

* Take a deep breath and stay calm
* Check for injuries; call an ambulance when in doubt
* If accident is minor, move cars to a safe place, out of traffic
* Turn on your vehicle’s hazard lights and use cones, warning triangles or flares for safety
* Call the police, even if the accident is minor
* Notify your insurance agent immediately

Other important tips

* Don’t sign any document unless it’s for the police or your insurance agent
* Make immediate notes about the accident, including specific damages to all vehicles involved, witness information, etc.
* If the name on an auto registration is different than the driver, jot down the relationship
* Be polite, but don’t tell anyone the accident was your fault, even if you think it was
* State only the facts, and limit your discussion of the accident to the police and your insurance agent
* If possible, don’t leave the accident scene before the police and other drivers do

Car2Go in Austin Texas

ovidio — Fri, 13 Apr 2012 15:48:44 +0000

Car2Go is an innovative carsharing business that has found a successful alternative solution in reducing congestion, traffic, and emissions.

What IS CAR2GO?

Here’s the concept: you have to sign up for a membership card in advance. Once you have the card, you can short-term rent any available car (you can find which are available by looking at the car2go app or online, or if you spot one, a car2go with a green blinking light on the dash). The rental process is fast and easy:

Press your membership card to the windshield:

Car2Go rental and membership card

(Walk around the car to inspect for damage)
Once the computer recognizes your card, the doors unlock
Get in
Rate the car’s cleanliness and report any damage (by answering questions on a touch screen)
Use the key, located in a receptacle next to the touch screen, to start the car
And you are off!

What does it cost?

I registered for free, but I hear that the registration fee may now be $35.00, one-time.

Per minute	$0.35 plus tax
Per hour maximum	$12.99 plus tax
Per day maximum	$65.99 plus tax
Per mile after 150 mile per rental	45 cents, plus tax

Please note: You can drive as long and as far as you like, just be aware that every mile over 150 miles will be charged at 45 cents per mile.

About the car2go Pilot Project in Austin, Texas

In 2010, Diamler began the car2go pilot project in Austin, with their only other location in Germany. According to their website, they have almost 15,000 registered users. And what a great experiment it has been. However, after_________________ [problem with no cars in area...]

My Experience with car2go

I live in South Austin, and, while I have my own car, I find it useful when we have guests in town without a car, or when my car is in the shop, or when I want to drive it one-way, to meet some friends, for instance. I have neighbors who share a car, and the car2go is an easy way to increase flexibility when you share a car – if you both need the car, you can always rent a car2go, which could be less expensive, used sparingly, than a car payment.

In the Spring of 2011 (the weekend of SXSW, coincidentally), car2go upgraded its cars and expanded its fleet. It also expanded the user area by about 50%. While in 2010, I almost always found a car2go within a convenient walk of my house, now, I almost always cannot find a car within 1/2 mile of my house, and they all seem to have migrated to the outer edges of the user area. I’m currently unhappy about this new change, but it may all shake out and return to normal.

I’ve had a few other issues with car2go rentals:

Once, the car recognized my card, started the rental, but then timed out and never unlocked the doors. I called car2go (the next day, as they were already closed), and they informed me that my account had been charged for a 16 hour rental. Once I explained the issue, they credited my account.
A few other times, I have had troubles with closing the rental, but I have called, and, after noting that the car didn’t move for 10 hours of the rental, car2go credited my account. (These issues may have been solved with the new fleet.)

It’s Green

About 80 percent of the new car2go vehicles in Austin will be equipped with another innovative feature: A 100 Watt solar roof which is fully integrated in the on-board electronics and serves to supply power to the telematics and continually charges the car’s battery. This allows fuel consumption to be reduced. In addition, if the vehicle is parked in the sun, solar energy is used to power the ventilation system, which reduces the interior temperature. This not only adds to the comfort when a customer gets into the car in hot temperature conditions, but also reduces the burden on the environment, because the air-conditioning system needs to expend considerably less energy to cool the car down, thus reducing fuel consumption. Cool!

Membership Cards and Authorized Users

It now costs $35.00 per membership card.
You need a physical membership card to unlock and use a car2go vehicle.
You may have more than one authorized member under the same membership card, for no fee, but this obviously causes convenience and logistical problems, because two authorized members under the same card could not use 2 cars at the same time.
The cards do not have any unique markings that allow you to distinguish them from one another, save for a number on the card. You cannot find this number anywhere on the account. The only way you can verify that card is yours (in case you mix it up with a spouse or roommate) is to call car2go and have them verify that number matches your account.
My husband and I each have a separate member card, but we added each other as authorized members on our cards. This way, even if we mix up the cards, we aren’t an unauthorized user.
The way the car distinguishes which user is driving the car2go vehicle is that it asks which driver will be using the car. You just select your name and answer the usual damage and cleanliness questions.

OK, now about the legal issues:

car2go gives it’s disclaimer: “Important: The car2go Austin member is responsible for all processing costs related to damage for which he or she is responsible, such as extreme soiling of the car2go, driving offenses, and violations of the valid terms of use.”

1. This is just like any other rental: don’t accept it if it’s damaged! It’s important to walk around and inspect the entire vehicle before you get in. If you don’t notice damage, you could get stuck with the bill, though I don’t know how this works with car2go. Another renter before you could have damaged the car and closed the rental without reporting it.

Insurance:
1. You may not be covered by car2go’s insurance. According to car2go’s terms and conditions, you must be a member or authorized driver (among other things) to be covered by their insurance, and here’s their criteria:

Section 3 – Driver Authorization

3.1 The only persons who shall be authorized to drive car2go car-sharing vehicles are persons who:

a) are Members or authorized Drivers as defined in Section 1;

b) hold a valid driver’s license issued in a United States jurisdiction authorizing the holder to drive a passenger vehicle, and who meet all of the conditions, restrictions, or other requirements that may be contained therein;

c) are at least 18 years of age, approval of Members and/or Drivers between the ages of 18 and 21 may be subject to certain specified criteria and/or restrictions at the discretion of car2go and/or car2go’s insurer(s);

d) have a valid car2go Membership card in accordance with Section 5 herein;

e) are of sound mind and memory and have not used any drugs, imbibed any alcohol or taken any medication that could adversely affect their ability to drive (for alcohol, a zero-tolerance policy is adopted and a limit of 0.0% applies); and who

f) have selected a method of payment in the car2go internet portal and have registered the

corresponding data or Drivers who are authorized to drive at the expense of a Member.

Should any Member’s driver’s license be revoked or lost, authorization to drive car2go vehicles shall expire immediately.

https://www.car2go.com/austin/en/files/car2go_austin_terms_and_conditions.pdf

Further, if you allow a third-party who is unauthorized by car2go under your membership card, to drive a vehicle, you would be required to pay $1,500.00 per violation. This includes someone who is also a member, but who drove the vehicle using your car2go membership card (as opposed to a driver who is authorized under your membership card at the expense of a member).

Base membership coverage includes the following limits:

Liability of $100,000 Bodily injury per person / $300,000 Bodily injury per accident per accident and
$50,000 Physical Damage per accident.
Coverage for the car2go vehicle is provided with a deductible of $1000 per occurrence.
Note that there is no uninsured/undersinsured motorist (“UM/UIM”) coverage.
What is UM/UIM coverage?
- It is coverage that may cover you and your passengers in the car, in the event that you are in an accident and the other part involved has no or too little insurance to cover the damage to your car, medical bills and expenses. In another post, I will cover the advantages of UM/UIM coverage.
- What does this mean if you get into a car crash while driving a car2go vehicle?
- Unless your own auto insurance coverage has UM/UIM coverage (and adequate coverage, at that), if you are driving a car2go and are injured in a car wreck caused by another person, you may not have insurance coverage if the other person has little or no insurance. This is only a general statement. You need to consult an attorney to determine what coverage applies to your specific situation.
- Here’s an Example:
- You rent a car2go vehicle to get groceries. You have no passengers. Along the way, a teenager texting on his iPhone runs a red light and smashes your little car2go to smithereens. You are severely injured and have lots of medical bills and lots of lost wages. The teenager has no liability insurance or has minimum limit insurance of $25,000 liability bodily injury insurance. It’s not enough to cover your medical or your lost wages. If you had UM/UIM coverage through your own insurance, it may cover over and above what insurance the teenager had.

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Do you like our blog let us know

ovidio — Thu, 26 May 2011 20:15:31 +0000

Take Our Poll

“Loser Pays” Legislation = Families & Small Business Pay

ovidio — Wed, 18 May 2011 02:40:08 +0000

Our message is resonating. Special interest forces like TLR are losing the battle of public opinion on the so-called “Loser pays” bill. After throwing their weight around by getting the Governor to declare it an “emergency” and the Texas House passing the bill without any debate, the media has awoken to just how devastating this legislation is. TLR and its ilk are scrambling to push their corporate immunity agenda before the session closes on May 30. We know how powerful our adversaries are. We won’t let up until the last gavel falls.

Check out this great Houston Chronicle Editorial and other great news clips, op-eds, and editorials:

Tort deform
House Bill 274 further stacks the legal deck in favor of big-money defendants
Houston Chronicle Editorial, May 14, 2011

The campaign by so-called tort reformers in Texas has long since moved beyond its avowed goal of preventing frivolous lawsuits and massive damage judgments. With the passage of HB 274 by the Texas House last weekend, it has graduated to an all-out assault on the ability of consumers and small business owners to seek legal redress in civil courts against powerful business interests. You might call the latest iteration “stealth tort reform.” The primary damage isn’t in what the bill adds to current law. The injustice is in what it eliminates.

The last major tort reform legislation passed in 2003 in Austin mandated that plaintiffs who spurn settlement offers and win a jury verdict must receive a judgment award of at least 80 percent of the offer. Otherwise, they are responsible for paying legal fees for the losing defendant from the date they refuse the settlement offer. However, those fees could not exceed the amount of the judgment, so at worst the winner went home empty-handed.

That existing provision is already a powerful weapon in the legal arsenal of deep-pocket defendants such as insurance companies and corporations, since plaintiffs would be tempted to accept low-ball settlements rather than risk receiving nothing. It’s not fair, because winning plaintiffs in most tort cases cannot seek reimbursement of their legal fees, only much smaller court costs. The playing field is already sharply tilted in favor of the defendants.

Not content with that advantage, the crafters of this bill have further stacked the deck. It removes limits on the legal fees a winning plaintiff could be forced to pay if they eschew a settlement offer and the judgment falls below that 80 percent margin. Rather than receive nothing, the winner could be tagged with the loser’s huge legal fees. As Houston personal injury lawyer Steve Waldman puts it, “The moral of the story being told by the advocates of this bill is this: If you have a claim against a big corporation, take whatever it offers, because if you dare to take them to a jury, you risk your economic life.”

Florida implemented similar provisions, and the ensuing public outcry forced legislators to repeal it five years ago. We agree with Alex Winslow, executive director of the citizen advocacy group Texas Watch, that HB 274 “is designed to force families and small businesses with valid claims to weigh the possibility of paying the legal costs of insurance companies and multinational corporations [and] is at best detrimental to public accountability and at worst unconstitutional.” The concept of making plaintiffs with valid cases potentially responsible for defendants’ legal fees is a feature of British law that our nation’s founders wisely rejected. It’s a legal concept that should have no place in Texas courtrooms.

It’s hard to believe this legislation was designated by Gov. Rick Perry as an “emergency” to facilitate its already inevitable passage by the House GOP super majority during a raucous, Mother’s Day eve session that ended in flaring tempers and abrupt adjournment. Perhaps the only emergency was the governor’s need to placate his backers at Texans for Lawsuit Reform, a major contributor to GOP state legislators.
Let’s Focus on the Families
Texas Watch Op-Ed, May 16, 2011

Legislature loses its way with ‘loser pays’ blow-up
The Dallas Morning News Editorial, May 9, 2010

‘Loser pays’ is false advertising
Houston Chronicle, May 10, 2011

Why “Loser Pays” is a Loser
Texas Tribune, May 13, 2011

The British are Coming … Apparently to Texas
The Pop Tort, May 10, 2011
At Texas Watch, we will continue to fight for the rights of an individual’s right to a trial by jury. Join us in this fight today.

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Copyright 2011 Stephens & Stephens, Attorneys, PLLC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

How to adjust your rear- and sideview mirrors

ovidio — Tue, 17 May 2011 03:05:41 +0000

Have you ever wondered if you are adjusting your rearview and sideview mirrors correctly? Chances you are not.

HOW TO ADJUST YOUR CAR’S MIRRORS:

1. Adjust Your Seat (and steering wheel, and put on your seatbelt).

Proper adjustment of your seat will affect your view to the mirrors. You should be seated high enough to see the road and still reach all of the vehicle’s controls.

Many newer vehicles feature tilt and telescoping steering columns to help you get more comfortable.
Some new Ford Motor Company products (Ford, Mercury, and Jaguar) offer electrically adjustable foot pedals that allow short, medium, and tall drivers a comfortable driving experience.
If you don’t have adjustable seats, and are still sitting too low, you should use a seat cushion, or better yet, have your mechanic raise your seat permanently.

2. Adjust Your Interior Rearview Mirror:

The positioning for the inside rearview mirror is fairly obvious; you should be able to see out of the rear window from the driver’s seat. Be sure the day/night switch found on most rearview mirrors is in the day position during daytime operation. The night setting reduces the headlight glare from cars behind you and helps you see better.

Auto-dimming rearview mirrors: If you drive at night, you’ve undoubtedly experienced it – annoying and often dangerous glare from the headlamps of vehicles traveling behind you. While normal rearview mirrors are equipped with a day-night switch, automatic dimming mirrors darken to reduce glare from the headlamps of vehicles approaching from the rear. The brighter the glare, the darker the mirrors become, making nighttime driving safer. About 10% of vehicles sold in the US are currently equipped with this valuable safety feature. Usually auto-dimming mirrors can’t be ordered separately and are only available as part of expensive luxury group packages.

Be aware of the SUV glare: In addition to other hazards posed by sport utility vehicles(SUVs) and trucks, their headlights are usually mounted at the same height as most normal car’s rearview mirrors. When an SUV travels behind a car, the glare from its headlights is reflected off these mirrors directly into the driver’s eyes. Dr. Alan Lewis, president of the New England College of Optometry, has done extensive research on the effects of glare. He found that during nighttime driving, headlight glare from vehicles traveling behind you can temporarily blind you, increasing your reaction time by up to 1.4 seconds, even after the source of the glare is removed. The time it takes to stop your vehicle, or to avoid someone in the oncoming lane, is doubled if you succumb to temporary glare blindness.

3. Adjust Your Exterior Rearview Mirrors:

Incorrect:Adjusting them so you can see the side of the car on the inside edge of the mirror. You are creating HUGE blind spots. Consider the view when the side view mirrors are set up as just described. Essentially, you have created “tunnel vision” to the rear. Your side view mirrors overlap much of what your inside rearview mirrors sees and you’ve also created blind spots.

Rule of thumb: If you can see even a glimpse of the sides of your car in your outside mirrors, they are turned too far inwards.

Correct: For the driver’s side mirror: Place the side of your head against the window, then adjust the mirror until the side of your vehicle comes into view. For the passenger’s side mirror: While sitting in the driver’s seat, lean to the right so that your head is in the car’s center line. Adjust the mirror until the side of your vehicle comes into view. With this setup, you almost completely solve the blind spot problem. It takes a little while to get used to, but it is an improvement.

The following graphic shows the sightlines from your rear view and side view mirrors and how to adjust them (the car is facing to your right):

Be safe out there while you are driving, and as always, wear your seatbelt, and don’t drive while drunk or distracted!

What do you think? Do you have any tips or tricks???

Article Source: www.SmartMotorist.com

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Copyright 2011 Stephens & Stephens, Attorneys, PLLC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Rumble Strips – what are they, and what do they do?

ovidio — Sat, 07 May 2011 00:24:28 +0000

The Federal Highway Administration reports that run-off-the-road accidents account for a third of all traffic deaths in the US. In 2000, almost 16,000 traffic fatalities were attributed to these type crashes at a taxpayer cost of almost $80 billion a year.

Fatigue, drowsiness, and driver inattention play a significant factor in these single-vehicle crashes. In 1998, the National Sleep Foundation reported that more than 52% of all adults surveyed in the past year had driven a vehicle while feeling drowsy.

TxDOT is addressing this problem with rumble strips. When tires cross these raised or grooved patterns along the edges of a roadway, drivers hear a loud rumble and feel a strong vibration to alert them that they are leaving the main lane. Research indicates the use of rumble strips can reduce run-off-the-road crashes up to 50 percent.

The strips cost less than 12 cents a foot and are installed during initial construction or later. TxDOT often puts rumble strips along rural interstate and multi-lane divided highways, which tend to have a higher incidence of one-car accidents. In addition to being cost-effective, rumble strips provide savings to taxpayers by helping reduce these types of crashes.

TxDOT is currently researching the use of center-line rumble strips to help prevent head-on collisions on undivided highways.

Article Source: www.safemotorist.com

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Cable Median Barriers

ovidio — Wed, 04 May 2011 21:55:03 +0000

Back in the early part of the last decade, there were a number of serious head-on collisions on San Antonio area freeways that had no center median barrier. After a rash of these along Loop 1604, TxDOT installed temporary concrete Jersey barriers in the median of 1604 and announced that they would be installing tension-cable barriers in the medians of other area highways. As is typical, the second-guessing began almost immediately. Skeptics bellowed that the “flimsy” barriers wouldn’t even stop a Yugo, let alone an 18-wheeler. But TxDOT’s engineers defended the barriers and insisted that they would work as advertised. And indeed, in the first two years that cable barriers were in place in the San Antonio area, they stopped every single vehicle that hit them, including an 18-wheeler on I-35 in Von Ormy. A before-and-after study in 2007 showed that since cable barriers were installed around the state, the number of fatalities on those roads where the barriers were installed dropped from more than 50 fatalities in the year before installation to just one fatality in the year afterward. In short, the barriers work and work well. In fact, they’re better than metal guardrails and concrete Jersey barriers because they absorb more energy of the impact than do those traditional barriers, thus reducing the chance of injury and lessening the damage to vehicles that collide with them. They also reduce the number of “rebound” accidents where a vehicle hits the barrier and then bounces-back into the traffic lanes. All these benefits come at a cost that is substantially less than the more traditional barriers.

A while back, a friend told me about someone he knew who had an accident and went into the cable barrier on I-10 West. She walked away from the crash uninjured, yet she was upset because the barrier had sliced into her car and had caused significant damage. I wonder if she realizes that the barrier quite likely saved her life, or at least prevented serious injury. Had it not been for the barrier, she would have gone into the oncoming traffic and probably been struck head-on or T-boned by traffic going 70 mph. I also wonder if she realizes that her vehicle would’ve suffered equal or greater damage if there had been a traditional concrete barrier instead.

As of late 2009, Texas had about 800 miles of cable median barrier installed.

Article Source: http://www.texashighwayman.com/cablebarriers.shtml

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Vote on our new Business Card ideas

ovidio — Fri, 29 Apr 2011 21:22:04 +0000

Take Our Poll

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Study ranks food pathogens by cost to society

ovidio — Fri, 29 Apr 2011 20:04:42 +0000

Of the food pathogens that cost society the most money — in terms of medical care, lost days of work, long-term chronic health problems or deaths — half are found in poultry, pork, beef and other meat products, according to a study due for release Thursday.

For the first time, researchers used federal data on food-borne illnesses to link the pathogens — bacteria, viruses or parasites — and the foods that most often carry them and then ranked them according to the financial burden they place on society.

“We tend to think of food-borne disease as 24 hours of diarrhea and it’s over,” said J. Glenn Morris, the director of the Emerging Pathogens Institute at the University of Florida and one of the authors of the study. “What this shows is that there are diseases that have significant other manifestations, that result in complications, even death. And as a result, the public health burden is so much greater.”

The food contaminant that causes the most economic damage is campylobacter in poultry, which sickens more than 600,000 people and costs society $1.3 billion a year, the study found. In second place is toxoplasma in pork; that parasite poses a particular danger for pregnant women and costs an estimated $1.2 billion a year.

While relatively few people get ill from toxoplasma compared with more common bacteria such as salmonella, when a pregnant woman is sickened, the results can be devastating in terms of lifelong disability for her baby or even loss of the fetus, Morris said.

Listeria in deli meats was ranked third, at a cost of $1.1 billion a year.

Together, the 10 most expensive pathogens associated with specific foods cost the U.S. economy $8.1 billion a year, the study found.

Salmonella was flagged as the bacterium that causes the most disease overall, resulting in $3 billion in annual costs. Besides contamination in poultry, salmonella can be found in produce, eggs and other foods. Morris and the other researchers recommend that the U.S. Agriculture Department and the Food and Drug Administration form a joint strategy to reduce salmonella contamination.

The federal government estimates that one in six Americans gets sick every year from food-borne illnesses. Most suffer mild symptoms and recover on their own, but more than 100,000 are hospitalized and 3,000 die.

Policymakers at the USDA, which regulates meat, poultry and some egg products, and the FDA, which oversees the rest of the food supply, should consider the economic burden on society when deciding how to direct food safety resources, Morris said.

“You can begin to use these more sophisticated analytic tools, which can serve as the basis of spending public dollars in terms of food safety,” he said.

Despite the heavy public health burden of campylobacter in poultry, the USDA only recently set standards for that bacterium in chicken and turkey. The standards will take effect in July and place limits on the amount of campylobacter in poultry products that are processed in a slaughterhouse. The agency also tightened the existing standards for salmonella in poultry.

The fact that half of the most costly food pathogens are found in meat suggests that food safety laws at the USDA need an overhaul, similar to the new powers Congress approved for the FDA last year, said Carol L. Tucker-Foreman of the Food Policy Institute at the Consumer Federation of America.

“In the desire to get support for modernizing FDA’s food safety laws, I think the discussion slighted the public health dangers associated with meat and poultry,” Tucker-Foreman said.

“By definition, the slaughter of meat and poultry products is always a high risk,” Tucker-Foreman said, “and if you get contamination coming out of the slaughterhouse, you increase the risk it will get through to consumers at the end.”

Article Source: Lyndsey Layton, Published April 27

Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.

Please visit our Website while we find some information to post

ovidio — Thu, 28 Apr 2011 01:29:55 +0000