John Feroleto, Personal Injury Attorney Blog

Saturday, January 30, 2010

Trucker watching porn when fatal crash occurred

Too often a truck accident happens because a driver cheats on hours, driving past the number allowed under federal safety regulations.

But the December 12 death of a Young mother and wife was because the driver was barrelling an 18 wheeler down the I 90 thruway on limited sleep, while watching pornography on his computer as reported in the Buffalo News.

Not only should the driver go to jail, but the company should be penalized.
Management can tell by toll receipts, bills of lading(delivery documents) and more that their driver is cheating.

Punishing the bad operations not only protects the public, but helps the safe truck drivers and trucking companies. See: The Buffalo News John Feroleto

Labels: distracted driving, trucking dangers, watch out

posted by Trucking Accidents at 2:56 PM 0 comments

Wednesday, January 27, 2010

Texting while driving big rigs BANNED!

As a truck accident attorney, I can tell You it is long overdue:transportation secretary Ray La Hood finally announced a ban on texting by drivers of trucks and buses yesterday. There are criminal penalties or fines of up to $2,750.

Drivers who send and receive text messages or use cell phones are at a great risk for hurting or killing users of our roads.

A Virginia Tech Transportation Institute Study concluded drivers of trucks and buses who are texting are 23.2 times more likely to crash or be in a near crash event than those not texting while driving.

The study revealed drivers of heavy vehicles take their eyes off the road for about 5 seconds a time while texting. At 55 miles per hour the large vehicle travels the length of a football field, including the end zones, without the driver looking at the road. More in the NYTimes. John Feroleto

Labels: ban on texting, cell phones, Dristracted driving, Ray La Hood

posted by Trucking Accidents at 10:02 AM 0 comments

Sunday, January 24, 2010

LI Expressway reopened fatal tanker truck crash

A loaded fuel truck flipped and exploded as the driver attempted a dangerous pass on the Long Island expressway Saturday. 200 feet of roadway was melted so badly it had to be repaved.

All lanes were reopened as of this morning. The heat was so intense it melted the supports for a huge road sign, collapsing it across all eight lanes of the expressway. Big rigs are deadly if not handled with caution, as are cars, but more so. John Feroleto

Labels: Long Island Expressway, tanker accident, tractor trailer fire, tractor trailor accidenr

posted by Trucking Accidents at 12:56 PM 0 comments

Tuesday, January 19, 2010

ONE PERSON CAN MAKE A DIFFERENCE

One person can make a difference. One woman has saved many lives. Kelly Cline of Cheektowaga was motivated to do something to save the lives of others after losing her son A.J. to texting and driving.

She fought for a statewide ban on texting while driving, got a bill passed in Albany and an even stronger one passed in Erie County. " A.J. rolled to the stop sign at the entrance of our neighborhood and into the path of a garbage truck. He was texting his girlfriend. His accident was 100 percent preventable," His mother said. She talked on Oprah Monday.

She changed what was legally acceptable but dangerous conduct. We need more Kelly Clines. More in the Buffalo News. John Feroleto

Labels: a Mother saves lives, a Mothers Pain, texting kills

posted by Trucking Accidents at 5:17 PM 0 comments

Johnson & Johnson Involved in Kickbacks

The AAJ cited a recent NYT article today that Johnson & Johnson paid kickbacks to the largest nursing home pharmacy to increase the number of elderly patients that ingest its medications. The complaint was filed by the US attorney in Boston. "The complaint alleges that Omnicare received "tens of millions of dollars...to buy and recommend Risperdal [risperidone], 'as well as "prescription pain relievers Duragesic and Ultram, and the antibiotic Levaquin'." The kickbacks were to Omnicare were disguised as grants or educational funds to influence doctors to have prescriptions switched. Apparently "J&J paid Omnicare rebates for switching prescriptions. Under federal law, rebates are legal unless Medicaid does not receive the same benefit. The complaint alleges that J&J disguised its rebates to Omnicare as physician-prescriber-data payments in order to avoid reporting them." The complaint alleges that J&J disguised its rebates to Omnicare as physician-prescriber-data payments in order to avoid reporting them. Once again the prescription drug companies are placing their concern for profits before that which is in the best interest of the patients.

posted by Trucking Accidents at 6:12 AM 0 comments

Saturday, January 16, 2010

Stuck Truck

As an attorney who handles truck accident cases in Western New York it is not unusual to see trucks hit bridges and get stuck. In part, our overpasses were built long ago and some aren't very high. But their height is provided on a sign on the overpass and truck drivers are trained to look and check first. Fortunately, No one was hurt. Reportedly, "drivers wanted" was painted on the back of the truck. The company may be looking today. Photo courtesy of the Buffalo News. John Feroleto

Labels: overpass accident, Truck accident

posted by Trucking Accidents at 4:32 AM 0 comments

Wednesday, January 13, 2010

Profits over People known carcinogins used to increase profits

Everyone is talking about the toxic cadmium toys from China. As a products liability lawyer, I can tell You we need to protect Americans from contaminated products period, not just react to the latest expose.

The AP(1/12) reported, "Despite the risks, manufacturers ... say their top priority is profit. So offering cut-rate goods often means using lower quality materials, including cadmium, which is known to cause cancer."

The fact is we need to overhaul the toothless Toxic Substances Control Act which emasculates federal regulators to the point that consumers, men, women and children are not protected. John Feroleto

Labels: Cadmium Lead poisoning, cancer, dangers to children, Profits over People, toxic substances

posted by Trucking Accidents at 9:37 AM 0 comments

Tuesday, January 12, 2010

TOXIC TOYS

We were one of the first sources to report the AP testing identifying dangerous levels of cadmium in toys from China. Later Yesterday the CPSC stated it started an investigation. As a lawyer who handles defective product cases this makes me happy.We need to keep dangerous products out of the marketplace.

Cadmium makes charm bracelets and pendants shiny and is being used because the manufacturers are banned from using lead, also toxic

The products are the latest Chinese made goods linked to health hazards in toys. In 2007 lead laced toys were recalled, melamine-tainted milk was blamed for the deaths of six babies in 2008 and drywall made in China was linked to health complaints in 2009.

A good article is in Bloomberg News. John Feroleto

Labels: Childrens safety, dangerous products, Products Liability, Toxic toys

posted by Trucking Accidents at 5:53 AM 0 comments

Monday, January 11, 2010

It's tough being a kid

" Eye popping" levels of a very toxic metal are in children's toys. Bracelets shipped from China can be 90% made of the soft toxic metal cadmium.As an attorney with products liability experience I have handled lead poisoning of children.

You heard of lead poisoning. Cadmium may be worse. Kids at a young age are oral- they put things in their mouth- You may have seen kids petting sand in their mouth at the beach. What makes matters worse, just inhaling the stuff can cause many problems such as loss of IQ, ADD behavior disorders. See the Washington Post article.

Children are particularly vulnerable because their bodied absorb the metals much more than adults. John Feroleto

Labels: Cadmium Lead poisoning, Products Liability, Why it's tough being a kid

posted by Trucking Accidents at 5:08 AM 0 comments

Wednesday, January 6, 2010

Another drunk bus driver-this time a school bus with kids on

As an injury lawyer who has handled truck accident and bus accident cases I have seen all kinds of impairments to driving, from texting, drugs, alcohol to even dogs in truck cab, but not with children trying to talk sense to an adult.

A western New York woman was sentenced for drunk driving a school bus with 37 kids on board. Watch the YouTube video showing the older kids asking her to stop. Martha Thompson was sentenced to 90 days in the Alfred town Court.

Too often we assume other drivers are alert and attentive. John Feroleto

Labels: drunk driving, drunk school bus driver, kids in danger

posted by Trucking Accidents at 6:13 AM 0 comments

Tuesday, January 5, 2010

California local prosecutors allowed to sue heath insurers for coverage denials.

The AAJ yesterday cited a Los Angeles Times report that a decision last month by the California Court of Appeal in Los Angeles opened the door for increased scrutiny of health insurers' practice of rescinding the policies of sick patients. According to the Times the court ruled "that local prosecutors could sue health insurers over the way they treat consumers," in "a high-stakes lawsuit accusing Anthem Blue Cross of California of violating state business laws by selling the promise of insurance but rescinding coverage after policyholders submit claims for costly medical care." It was also reported that Blue Cross argued that its "rescission practices fell under the jurisdiction of the state Department of Managed Health Care and not the Los Angeles city attorney's office," but "the appellate court rebuffed those arguments, saying the law was 'unambiguous' in giving the city attorney the authority to sue." Allowing local prosecutors to sue the health insurers hopefully will prevent frivolous denials of benefits by the insurers. Paul Becker.

posted by Trucking Accidents at 6:21 AM 0 comments

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For over 20 years, Buffalo personal injury lawyers at John Feroleto Attorneys at Law have successfully served clients throughout Buffalo and Niagara, New York in the areas of back injury, burn accidents, catastrophic accidents, construction accidents, defective vehicle claims, railroad injuries and welding injuries. This website has been posted to the public for informational purposes only. No information within this site should be viewed as formal personal injury legal advise. If you have been involved in an accident, contact our Buffalo personal injury lawyers today for a consultation.

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