A Bear Of A Car Accident

We have previously discussed the importance of watching out for deer crossing the road while driving, but in states like Minnesota and Colorado deer aren’t the only animals drivers need to be wary of. Chris Jordan and his battered Volkswagen Jetta will tell you as much. According to the Minneapolis Star Tribune, Jordan hit a full grown black bear Monday night while driving back to his Lino Lakes home from a Minnesota Twins game. Jordan and his two passengers walked away unscathed, but the Jetta wasn’t as fortunate.

The black bear was not as fortunate as Chris Jordan and his two passengers. Compliments of the Star Tribune

“I’ve hit deer before with my car, but a bear? My car didn’t fare too well,” Jordan said.

The bear didn’t fare too well either.  Jordan was driving around 60 miles per hour just after 10:30 PM when the bear appeared out of nowhere running across the pitch black road. Having no time to swerve, Jordan used his front left bumper to dispatch the 200-pound bear to its final resting place in a nearby ditch. The Jetta was totaled, but Jordan was able to find a nearby police officer to report the incident. The officer later found the lifeless bear in the ditch just off the road.

“[Jordan] flagged me down and [the car] was smoking. He said he hit a bear, and I said, ‘You aren’t kidding you hit a bear,’ ” Sgt. Mike Rumposa said. “No one in the vehicle was hurt, and the bear didn’t suffer….That’s a good thing all around, I guess.”

Chris Jordan’s totaled Jetta. Compliments of the Star Tribune

Jordan said there had been whispers of black bears spotted in the area recently, and now he knows firsthand to keep an eye out for more than just deer while on the road.

RIP Falling Bear

Oddly enough, Jordan isn’t the only driver to make recent headlines for hitting a bear. The famous “falling bear” from the University of Colorado-Boulder was struck and killed by two motorists outside of the college town last week. Days before the accident, the bear had been tranquilized after climbing a campus tree and his drowsy descent became an instant web sensation.

Colorado officials relocated the bear to the mountains after the fall, but it ventured back into town days later in search of food. Both vehicles that struck the bear were totaled and one motorist was treated for minor injuries.

All three motorists were fortunate to avoid serious injuries in their collisions with black bears. Many drivers that collide with large animals aren’t as lucky. It’s important to remember that these accidents can often be avoided by keeping both eyes on the road at all times and proceeding with caution through dark, wooded stretches of road where animals are known to cross. If an accident is unavoidable, it’s better to hit the animal than swerve out of the way, as swerving can cause drivers to lose control of their vehicles and put other drivers at risk.

If you or a loved one has been severely injured from a catastrophic automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or our auto safety resource center.

For more information on the two recent bear-car collisions, please visit the following links.

Star Tribune article on Chris Jordan’s accident

Reuters article on the demise of “Falling Bear”

Catastrophic Injury Resource Center Blog on Deer-Car Accidents

Redhook Brewery Employee Killed By Keg Explosion

A 20-year old employee at a New Hampshire brewery is dead after a keg exploded in his face Tuesday morning. According to ABC New Hampshire, Ben Harris was pressurizing a keg at the Redhook Brewery in Portsmouth for sanitation purposes when the aluminum barrel exploded into two pieces, striking him in his chest and head.  By the time emergency personnel arrived at the brewery Harris had a weak pulse and went into cardiac arrest shortly after. He was pronounced dead at the Portsmouth Regional Hospital around 1 PM Tuesday afternoon. Redhook President Andy Thomas released a short statement on the accident but deferred to investigators for any further comment.

Redhook Brewery in Portsmouth, NH

“We are doing everything in our power to understand the circumstances surrounding this tragic accident, and have closed down all non-essential operations at the Portsmouth brewery, including the pub, while the investigation continues.We believe it would not be appropriate to comment further until the investigation is concluded.” Thomas said in the statement.  ”Our sympathy is with his family and everyone touched by the tragedy.”

The incident is being investigated by the Portsmouth Police and Fire Departments along with officials from the Occupational Safety and Health Administration. OSHA spokesman Ted Fitzgerald outlined the agency’s participation in an e-mail to the Portsmouth Patch Tuesday.

“The purpose of OSHA’s inspection is to determine which workplace safety standards apply in this situation and whether or not the employer complied with those standards,” Fitzgerald said. “If the inspection determines there were violations, OSHA could issue citations to and propose fines for the employer.”

Brewers use pressurized hoses as part of the cleaning process to clear remaining beer from the bottom of used kegs. Assistant Chief Steven Achilles of the Portsmouth Fire Department said it appears the keg  structure “failed”while Harris was pressurizing it.  Achilles went on to state that the brewery has an excellent record of workplace safety.

“They’re great citizens,” Achilles said. “They have a very progressive and responsive safety system. We’ve always worked very well with them, and it’s an unfortunate accident this morning.”

A look inside the Redhook Brewery. Compliments of Trip-Advisor.com

Kirsten Neves of the nearby Tuckerman Brewery told Foster’s Daily Democrat that using high-pressure air or carbon dioxide to clean kegs is a standard practice among most professional brewers. She said the keg cleaning systems usually have pressure regulators to prevent explosions, leading her to believe a keg defect likely caused the accident.

“It’s really a very tragic situation,” Neves said. “It’s very, very uncommon to hear about a keg exploding like that. I’ve never heard of it happening.”

The Redhook brewery remains closed to the public indefinitely while investigators work to determine the cause of the explosion.

If you or a loved one has been severely injured from a catastrophic workplace accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the tragedy at Redhook Brewery, please visit the following sites.

ABC New Hampshire Story on Redhook Explosion

Portsmouth Patch Story on Ben Harris

Portsmouth Patch Story on Redhook Explosion

Seacoast Online Story on Redhook Explosion

Foster’s Daily Democrat Story on Redhook Explosion

Drive Safely On Tax Day!

Tax Day may be two days late this year, but that doesn’t mean the roads will be any safer than in years past. A study published today in The Journal of the American Medical Association reveals fatal car accidents increase by six percent on Tax Day. According to the Chicago Tribune, the study found 6,783 traffic-related deaths have occurred on Tax Day since 1980, an average of 226 per year.  The study’s lead author, Dr. Donald Redelmeier, then compared those numbers with auto fatalities one day a week before Tax Day and one day a week after. The results showed the average number of automobile deaths decreased to an average of 213 per year.

“One explanation is that stressful deadlines lead to driver distraction and worsen short-term human error,” Dr. Redelmeier told CNN.

Avoid being another number. Drive safely on Tax Day

Redelmeier suggests that lack of sleep, increased alcohol consumption, lack of patience for other drivers and an overall increase in stress from filing taxes contribute to the higher incident of fatal accidents. The study also found that the rise of e-filing had little to no effect on the number of fatalities, mainly because those who file online or file early are not the drivers causing accidents.

“Even if you file early, it does not mean that you are immune to the phenomenon, because of the shared nature of most roadway crashes,” said Dr. Redelmeier. “You are surrounded by other drivers, any one of whom could change your life forever.”

Tax Day this year is next Tuesday, April 17. Whether you’ve filed your taxes already or will be dropping your paperwork in the mail next Tuesday, always remember to slow down, keep your eyes on the road and look out for your fellow drivers. It’s not the end of the world if you’re five minutes late to the post office, but it can be the end of a life if you don’t drive safely to get there.

If you or a loved one has been severely injured from a catastrophic automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or our auto safety resource center.

For more information on the American Medical Association study, visit the following links:

Chicago Tribune Article on Tax Day Fatalities

CNN Money Story on Dr. Redelmeier’s Study

CBS News Story

The Journal of The American Medical Association

Minnesota Family Loses Five In Commercial Vehicle Accident

Five members of a Minnesota racing family are dead after their vehicle ran through a guardrail on Interstate 35 and plunged 30 feet into a Kansas ravine Sunday morning. According to the Minneapolis Star Tribune, the dead have been identified as  Tom Kerber, 25, and his wife, Melissa Kerber, 24, both of New Prague, Minnesota, and Jessica Kerber, 10, James Kerber, 12, and Joy Kerber, 14, of Jordan. The family was returning to Minnesota in a semitrailer converted to a recreational vehicle after spending a week in Texas racing motorcycles.

Officials work to clear the debris-filled ravine off Interstate 35 in Kansas. Photo compliments of the Star Tribune

The Kansas State Patrol is investigating the cause of the accident and charges are not expected to be filed against the truck’s driver, 17-year old Adam Kerber. The 57,000-pound vehicle was carrying 18 people, mostly members of the Kerber family and a few friends. Four of the thirteen survivors remained in critical condition through Monday, including Adam Kerber. Mary Mohn, a nurse practitioner also from Minnesota, was returning home from a conference with a friend and was one of the first on the scene to assist the victims.

“I couldn’t believe what I saw,” Mohn said. “It looked like the RV exploded. The walls were on both sides of the creek. A couch was sitting in the creek. Toilets were on the embankment. Clothes and food and shoes were scattered all over. I could hear a woman screaming … and kids whimpering, crying.”

The National Transportation Safety Board has joined the investigation and is probing whether Adam Kerber was legally certified to drive such a large vehicle. The truck has been described as a freightliner with built in living space that was towing an additional trailer of racing equipment. Most states, including Minnesota, require a commercial license to operate a vehicle that weighs over 26,000 pounds and carries more than 15 people. But due to it’s modifications the Kerber’s truck was classified as a recreational vehicle, and Minnesota law allows citizens with standard class D licenses to operate RVs for personal use.

Remains of the Kerber Family RV. Photo compliments of the Star Tribune

Given the evidence presented thus far, it certainly appears that Adam Kerber was legally operating the vehicle under Minnesota law. The question authorities should be asking is why the state of Minnesota allows anyone without a commerical drivers license to operate a vehicle over 26,000 pounds at all. If professional truck drivers are required to go through intensive training to earn a commercial drivers license, shouldn’t civilians who drive the same vehicles be required to submit to that training as well?

The accident occurred around 9 AM Sunday Morning. Photo compliments of the Star Tribune

Similar to professional truck drivers, RV owners like the Kerbers often drive their vehicles long distances across the country for vacations and other road trips. The difference is that professionals are subject to licensing, training and regulations on when and how long they can drive (that are in place to protect other drivers!), while the RV owner is viewed under Minnesota law the same as any other non-truck driver on the road. If someone decides to make the monetary investment of purchasing an RV that weighs over 26,000 pounds, they should be required to make the safety investment of undergoing the training required to earn a commercial drivers license.

While he offered no comment on the Kerber accident, the president of the Minnesota Trucking Association conceded that not just anyone is capable of operating a large commercial vehicle.

“We call them professional truck drivers because they have had experience and training that prepare them to handle the physics of driving a larger vehicle,” John Hausladen told The Associated Press. “They receive training with regard to stopping distances, following distances, blind spots and other aspects of maneuvering with a large vehicle.”

Meanwhile, Minnesota House Public Safety Committee Chairman Tony Cornish says he does not expect any changes to the current law on RV driver eligibility. At the very least, a seemingly preventable tragedy of this magnitude should urge healthy debate about the safety of allowing untrained drivers to operate commercial vehicles.

The Kerber Family Fund has been set up to assist the family and all victims at Hometown Bank in Jordan.

Donations can be sent to:
Hometown Bank
Kerber Family Fund
101 South Creek Lane
Jordan, Minnesota 55352
(952) 492 – 5599 Phone

If you or a loved one has been severely injured from a catastrophic automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or our auto safety resource center.

For more information on Sunday’s tragedy, please visit the following sites.

Star Tribune Story on Accident

Star Tribune Follow Up On NTSB Investigation

KSTP Story on Accident

Associated Press Story on Accident

Minnesota Public Radio Story on Accident

Walking and Texting Is No Laughing Matter

We all know the dangers of texting and driving. It puts everyone on the road at risk, including yourself, and causes approximately 6,000 deaths and half a million injuries a year.  But injuries stemming from the distraction of text messaging are not confined to roadways.  Silly as it sounds, texting while walking can be dangerous too.

Just ask Bonnie Miller. Last week, the Benton Harbor, Michigan resident fell into a frigid river while walking on a pier trying to send a text message. According to ABC57 News, Miller was taking an evening stroll over the St. Joseph river with her husband and son when she began to type out a text message. The group had passed the point of the pier where the railings end and after typing out the first three words of the message, Miller found herself submerged in six feet of cold water fighting to stay afloat.

Think Twice About Texting and Walking

Her husband Greg jumped in after her along with a 19-year old bystander. Firefighters, police and Coast Guard personnel arrived minutes later and used a flotation device to guide the three to a nearby ladder to climb to safety.  Fortunately, all three escaped unharmed. And while she was plenty embarrassed, Miller decided to make her folly public to create awareness that texting and walking can have serious consequences.

“I couldn’t let pride stand in my way of warning other people to not drive and text or walk and text,” Miller said.  “It can be dangerous.”

Walking and texting is a bigger distraction than most people think

Miller is not alone in experiencing public humiliation from texting and walking. Cathy Cruz Marrero became a YouTube sensation in 2011 after a mall’s security camera caught her tripping and falling into a fountain while face deep in a text message. Earlier this year, a Canadian news station caught a woman falling down a section of stairs while distracted by text messaging in the background of a live broadcast. While many have shared a laugh at their expense, both falls are quite vicious and the two women are lucky to walk away unscathed from the accidents.

Given the proliferation of text messaging and smart phones with social media capability, injuries caused by texting and walking  or Facebooking/Tweeting and walking will likely continue to increase.  These accidents can be prevented by following this easy, five step routine:

1. Stop walking

2. Find a spot that is out of the way of other walkers

3. Send the text message

4. Put your phone away

5. Keep walking

Groundbreaking stuff there, right? The best part is that everyone can do it! In all seriousness, taking these simple steps to avoid texting and walking may seem inconvenient and inefficient, but recent studies suggest they will help you reach your location faster than by texting while walking.

Aside from causing potential injury and embarrassment, texting and walking also leads to more time and distance walking. According to a Stony Brook University study conducted earlier this year, participants who were texting veered from walking in a straight line, demonstrating a 61 percent lateral deviation. This deviation led to a 33 percent increase in trip duration and 13 percent increase in distance traveled from those who were walking without any distractions.

So next time you’re in a hurry and decide to fire off a text message, think twice and save yourself from potential injury and embarrassment. It might just save you some time to send the text when you reach your destination. Plus, if you’re communicating something via text message, it’s probably not a message that would justify becoming the next YouTube sensation for a texting and walking spill.

If you or a loved one has been severely injured from a catastrophic accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on texting and walking, visit the following sites:

ABC 57 Story on Texting and Walking

Stony Brook Study on Texting and Walking

Yahoo Story on Texting and Walking

YouTube Video of Cathy Cruz Marrero Falling Into Mall Fountain

YouTube Video of Woman Falling On Stairs On Canadian News

Woman Spurns Karma, Saves Driver and Child From Burning Car

A 22-year old Tampa woman brushed off the universal gesture of disrelish to rescue a young girl and her contemptuous mother from their burning car Monday evening. According to The Tampa Bay Times, Kristyn Dominy was driving home when the driver of a black Jeep sped past her and gestured her displeasure with Dominy’s driving prowess.

“She did flip me off whenever she passed me,” Dominy said.

Dominy noticed black smoke coming out of the woman’s vehicle but didn’t think much of it until she turned a corner and saw the Jeep engulfed in flames in a patch of trees off the road. The driver was on fire outside of the vehicle trying to rescue her daughter from the back seat. Apparently not one to hold a grudge, Dominy pulled over to help the women untangle her daughter from her seatbelt .

“My first thought when I came around the corner and saw that her vehicle was on fire, I was thinking karma,” Dominy said, “but the same time, I could never — even though she flipped me off down the road — I could never just sit there and watch that happen.”

After freeing the child from the vehicle and helping extinguish the flames burning the mother and daughter’s clothes, Dominy helped them to her car a safe distance away from the Jeep and called 911. The mother and daughter were airlifted to Tampa General Hospital, where the daughter was still in serious condition as of Wednesday morning. The mother did not sustain any serious injuries.

A friendly reminder to all drivers: If you see smoke coming out of your vehicle, pull over and have it towed to the nearest auto repair shop. Even a small amount of smoke indicates that something is likely awry inside of your vehicle.

Contrary to popular belief, car fires are rarely caused by collisions. The majority of car fires in the U.S. are caused by mechanical and electrical failures. The best way to prevent vehicle fires is to have your vehicle checked regularly by a licensed mechanic to ensure the safety of yourself and your loved ones on the road.  For more information on car fire prevention, see our post on another recent near-tragic vehicle fire. 

See below for the Tampa Bay Times’ interview with Dominy.

If you or a loved one has been severely injured from a catastrophic automobile accident or vehicle fire, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or our auto safety resource center.

For more information on the car fire in Tampa and car fire prevention, please visit the following links:

Tampa Bay Times Story On The Fire

Fox 4 Story

NFPA Vehicle Fire Research

NFPA Vehicle Fire Fact Sheet

What Happens Now Page on Car Fires

Deadly Presidents Day On Minnesota Roads

Six people were killed in three separate accidents on snowy, fog covered roads in western Minnesota Monday. The fatalities occurred near the end of a dry, mild winter that has produced well below the 50+ inches of snowfall much of the state averages annually, raising concerns that drivers are belittling the dangers of driving in wintry weather due to lack of exposure. According to the Minneapolis Star Tribune, four of the deceased were freshmen at North Dakota State University returning to school after a long weekend home in the Twin Cities.

The grisly aftermath of a crash that killed four young women near Alexandria Monday. Property of the Alexandria Echo Press

The four women were traveling west on Interstate 94 near Alexandria around 3 P.M. when their vehicle crossed the median and was broadsided by an oncoming SUV, which was subsequently hit by a third car. Three passengers from the other vehicles were taken to a nearby hospital to be treated for non-life threatening injuries. State Patrol authorities have not officially determined if the weather played a role in the accident, though strong winds, fog and heavy snowfall led to diminished visibility in the region Monday. Irregardless of cause, there was no denying the level of tragedy stemming from the loss of four young lives.

“Been at this for 32 years and this is one of the worst that I’ve seen, and I’ve seen a lot of ‘em,” Lt. Dan Vickmark of the Minnesota State Patrol told Kare 11 news.

Less than thirty minutes after the accident, the driver of a Buick LeSabre in nearby Pope County spun into an oncoming Mack semi-truck and careened into a ditch. According to CBS Minnesota, the driver of the LeSabre was killed while the semi-truck driver walked away unscathed. Other drivers in the area reported icy conditions at the time of the accident.

A third fatal crash at 6:15 in Douglas County killed one and injured two others. The inclement weather continued into Tuesday and forecasters are predicting snow showers throughout the state for the rest of the week. Kent Barnard of the Minnesota Department of Transportation is anticipating a busy week for road cleaning crews and urged drivers to be patient while traveling on slick roads.

“We’ve been spoiled this year,” Barnard said. “We just want to warn people to keep their cruise controls off if the roads are a little bit slippery, don’t tailgate and stay off the phone.”

Barnard said the one positive for road conditions is that pavement temperatures are too warm for snow to freeze quickly so it takes longer for icy conditions to form. Even so, State Patrol Sgt. Josh Grabow hopes drivers across the state see Monday’s tragedies as a sad reminder of the diligence required when driving in inclement winter weather.

“I’d advise people to use caution while traveling,” Grabow said. “This is a reminder that winter is still here and we need to slow down and pay attention.”

If you or a loved one has been injured in an automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website or at mncollisioncenter.com.

For more information on Monday’s accidents in western Minnesota, please visit the following links.

Star Tribune Article on All Three Accidents

Kare-11 Story on Crash That Killed 4 Roommates

WCCO Story on Accident on Pope County

WCCO Video on Crash That Killed 4 Roommates

Costa Concordia Wreck Exposes Regulatory Void In Cruise Line Industry

As the death toll rises from the Costa Concordia tragedy, observers have begun to question the regulations, or lack thereof, that govern the global cruise line industry. According to CNN, 11 passengers are confirmed dead and 21 are still missing nearly a week after the ship hit a reef off the Tuscany Coast. The Italian Coast Guard has suspended rescue operations after sensors aboard the marooned vessel picked up movement, making it too dangerous for rescue divers to operate. Barring a miracle, the hope for finding the missing passengers alive is bleak.

The aftermath of the Costa Concordia Disaster. Photo property of the Associated Press

According to the New York Times, the stock for Carnival Corporation, the Miami-based parent company of the Costa Concordia, has dropped nearly a fifth in the last week.  While the image of the $450 million boat listed on its side is more than enough to send investors into a panic, the details of the disaster have exposed a troubling lack of oversight in the cruise line industry.

As the industry has grown, cruise line companies have continued to develop and operate under their own regulations and standards. This includes the training and safety procedures for crew members and the amount of discretion a captain has to alter routes. Both of these issues played a critical role in the recent disaster.

“There are legitimate questions as these vessels have substantially evolved in recent years” said Helen Kearns, a spokeswoman for the European Union transportation commissioner. “The way these vessels have grown in size does mean finding the right balance to make sure regulations are stringent enough to ensure there are procedures like safe evacuations.”

The disaster was allegedly caused by ship captain Francesco Schettino’s decision to veer from a set course to show off his boat to Gilgio Island. The ship struck a reef as it approached the island and punctured the starboard side of its hull, causing it to take on enough water to eventually list on its side. Unlike the airline industry, where pilots are guided by controllers on the ground and follow precise computerized routes to their destination, cruise line captains are in complete control of their vessels.

Schettino’s boss, Pier Luigi Foschi of of Costa Crociere S.p.A., claims a safe route was programmed into the ship’s navigation computers and any deviation would have set off alarms.

Rescue operation have been postponed after sensors aboard the ship picked up movement

“The route was put in correctly,” Foschi said. “The fact that it left from this course is due solely to a maneuver by the commander that was unapproved, unauthorized and unknown to Costa.”

Foschi also acknowledged that the ship did a similar deviation last summer with the company’s approval.  Shettino is currently under house arrest as Italian authorities contemplate charging the 52-year-old with manslaughter and abandonment. More damning evidence against the captain emerged this week after a cook claimed the captain ordered dinner nearly an hour after the collision.

According to survivors of the wreck, the captain’s behavior after the collision was a microcosm of the rest of his staff. Many survivors have blamed the crew’s delayed and unorganized response to the catastrophe for the panic that ensued once the ship began to tilt on its side.

“The staff, you know, they seemed younger than me. They did not know what to do. They got on the lifeboats. They could not even drive the lifeboat,” said Justin Evans of Atlanta.

Added Georgia Ananias of California, “Not one person from the ship assisted us in any matter. There wasn’t one officer. We got on a lifeboat that wouldn’t function. We were all thrown out of the lifeboat and thrown against the walls of the ship.”

In today’s age of advanced navigation technology, catastrophes like the Costa Concordia are not supposed to happen. Clearly, captain Schettino has become the scapegoat for the whole ordeal, and given his reckless decision he certainly deserves much of the blame. But the accident could have been avoided if the cruise line industry had effective regulations limiting the power of ship captains to alter routes. The industry should take a hard look at the regulations that govern airline pilots and adopt a similar set of protocol for ship captains.

This will be an expensive lesson for Carnival and the cruise line industry as a whole, and one can only hope that there is positive change to come out of it to avoid similar tragedies in the future.

If you or a loved one has been injured in a catastrophic accident,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the Costa Concordia disaster, please visit the following links:

New York Times Story on Cruise Line Regulation

CNN Story on the Suspension of Rescue Operations

Survivors Remarks to CNN

Student Death at School Pool Raises Safety Questions

A 15-year-old Connecticut boy is dead after drowning in his high school swimming pool during gym class Wednesday. According to WTNH News, CPR was performed on the student at the school and en route to the hospital, but the boy was pronounced dead upon arrival. Speaking for the family, the student’s aunt said it was his first time taking swimming lessons.

“We don’t know what to think anymore. We are very disappointed with the school,” she said.

School aquatic centers can be great teaching tools, but they require the utmost commitment to safety

According to NBC Connecticut, the boy died of asphyxia due to submersion. Reports say there were multiple adults supervising the pool when the boy went under, but authorities don’t have answers for why the student’s drowning went unnoticed.

“Yesterday’s tragic event at East Hartford High School still remains under investigation and we have no findings that we can share with you at this time,” Superintendent of Schools Mark Zito said Thursday. “Because of student confidentiality laws, the school district cannot provide you with any information relating to the student involved in the incident.”

In the wake of this tragedy, it’s hard not to raise questions of pool safety at middle schools and high schools. Teaching children how to swim is certainly a valuable skill and pools allow for fun and diverse gym class activities. But is it worth the risk of a child suffering a serious injury or death?

Particularly with nationwide school cuts leaving less staff for supervision, schools with aquatic centers need to place the highest emphasis on safety for pool-related curricula. Most importantly, all pool staff should be experts in CPR and water rescue training. If a school is going to make the monetary commitment to building and maintaining a pool, it should make an equal, if not greater, commitment to employing staff capable of handling worse case scenarios. Equally important, the staff must have the experience and awareness to know how to control a group of excitable teenagers to avoid accidents stemming from misbehavior before they happen. Swimming pools are great places for kids to have fun and burn energy, but they are not venues for shenanigans.

Students need to be aware that diving in shallow water and horsing around in deeper areas can have dangerous and deadly consequences. And the emphasis on safety shouldn’t be confined to the pool itself. Slip and falls on wet areas surrounding the pool or in locker rooms can lead to broken bones and head injuries, as can falls from diving boards and starting platforms. Violating these and other pool rules should be met with sufficient discipline to thwart future misconduct.

While it’s not clear what caused the drowning in Connecticut, schools with aquatic centers should use the tragedy to ensure their pool curricula and environment are as safe as possible. The potential liability is far too high for schools, many already strapped for cash, to take this matter lightly.

If you or a loved one has been injured due to unsafe conditions at a pool or other public gathering place,  please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on the tragedy in Connecticut and pool safety, visit the following links:

NBC Connecticut Story

MSNBC Story

WTNH Story

Government Website for Pool Safety

US Consumer Product Safety Commission Pool Safety Resource Center

(Rein)Deer Safety

A Houston Santa Claus for hire nearly experienced a nightmare before Christmas last Wednesday when two reindeer escaped from his truck (sleigh?) and pranced into a blizzard of rush hour traffic. Fortunately ABC Houston reports that no one, including the deer, was hurt thanks to a number of people who stopped traffic to retrieve the fugitives before any damage could occur. With tragedy averted, the city can look at the incident as an anomaly and have fun with the wacky story, as the author of the ABC story clearly suggests. But for drivers in northern cities like Minneapolis the issue is no laughing matter this time of the year.

Deer are particularly mobile during November and December

As children across the country flock to their bedroom windows to scan the skies for reindeer prancing through the night, it’s important the rest of us remember to do the same on the roads.  After all, tis the season that deer-car accidents hit their peak as deer activity increases due to mating season. As documented in this 2010 Star Tribune investigation, November and December are historically the worst months for deer-car crashes in the United States.

These crashes can cause significant human injuries along with thousands of dollars of damage to automobiles. A recent USA Today story cites an October crash just outside of Chicago that claimed the lives of seven people and injured three others  as evidence of how important it is to keep two eyes out for deer crossing the road. The family of ten was driving on an Indiana highway when they struck a deer and slowed down after impact. Seconds later the van was struck by a semitrailer traveling around 65 MPH, killing three adults and four children.  According to the National Highway Traffic Safety Administration, there are approximately 1 million automobile accidents with deer that cause close to 10,000 injuries, 200 deaths and over $1 billion in damages.

Motorcyclists are especially vulnerable to suffering injuries from deer collisions given the lack of protection the vehicles offer and risk of riders being thrown from their bike if they try to swerve out of the way. Ultimately the best defense from deer-car collisions is keeping both eyes on the road and constantly being aware of your surroundings. Compliments of the Star Tribune, below are some Frequently Asked Questions on when to look for deer and what to do if a deer suddenly appears in the road.

When do deer pose the highest threat to drivers?

- Deer are typically most active during November and December. They are typically on the move most during the morning and evening hours. During darker hours, drivers should watch for the reflection of deer eyes and deer silhouettes in the road.

Why are deer so much more active in the fall and early winter?

- Mating season for deer is typically November and December, thus bucks travel from their primary living areas to search for doe and fight other males for breeding grounds. Also, hunters keep deer constantly on the move during this time of year as well as farmers harvesting the last of the year’s crops.

What do I do if a deer suddenly appears in the road in front of me and it’s too late to stop?

- According to Capt. Matt Langer of the Minnesota State Patrol, it is better to hit the deer than swerve out of the way, as swerving can cause drivers to lose control of their vehicles and puts other drivers at risk. “The best defense is to be buckled and brake,” Langer said. If there is time, the best course of action is to slow down and swerve around the deer at a low speed.

How much damage can a deer-car accident cause?

-According to State Farm spokesman Dan Luedke, the national average for damage from a deer collision is $3,100.00.

What states have the most deer-car accidents annually?

-According to Luedke, the likelihood of hitting a deer is highest in West Virginia and Iowa, while Michigan, South Dakota, North Dakota, Wisconsin and Minnesota are all in the top ten.

If you or a loved one has been severely injured from a catastrophic automobile accident, please contact our office immediately for a free consultation. You can also learn more about GoldenbergLaw, PLLC by visiting our website.

For more information on deer-car crashes, please visit the following links.

ABC Houston Article on Runaway Reindeer

2010 Star Tribune Story on Deer-Car Accidents 

2011 USA Today Article on Deer-Car Accidents 

Blog at WordPress.com.
Theme: Esquire by Matthew Buchanan.

Follow

Get every new post delivered to your Inbox.