INSERRA & KELLEY – LAWYERS AGAINST HUNGER

Inserra & Kelley is proud to host the Lawyers Against Hunger Frozen Turkey Giveaway in Omaha, Nebraska again this year.  Tickets are being distributed through agencies for the needy by the Omaha Food Bank.  You must have a ticket to pick up a frozen turkey.   Turkeys will be handed out at the No-Frills Supermarket Parking Lot on Tuesday, November 26, 2013 between 2:30 p.m. and 5:30 p.m.

Be sure to complete the back of your ticket with your name, address, phone number and email to be registered for the $100.00 No Frills grocery drawing, which will be held at 5:30 p.m.  You do not need to be present to win.

 

 

Bicycle/Truck Accidents: Am I in the blind spot?

In 2012, Nebraska motor vehicle accidents took the lives of 212 people and injured 15,872.  A motor vehicle accident occurred every 17 minutes.   Bicyclists comprised 328 of the injured in 2012, while no bicyclists were killed last year.  According to the Nebraska Office of Highway Safety, Nebraska averages two bicycle related deaths per year and approximately 324 injuries to bicyclists each year.  One of the main dangers to bicyclists are tractor trailer accidents, most of which could have been prevented.  One of the most frequent truck/bicycle accident causes is the improper right hand turn by truck operators.

Wide right hand turn tractor trailer accidents occur for two main reasons:  either the truck driver didn’t swing out far enough or the truck driver swung too far out.  The correct way to make right turns is taught in truck driver school and professional drivers are continually warned of the dangers of not making a right turn widen enough.  Most trailers have visual reminders on them that serve two purposes.  First, it reminds the truck driver to make wide enough turns, but it also warns following traffic that the vehicle does make wide turns.  Truck drivers sometimes find themselves in situations where they must make a sharp right hand turn.  In this instance it is important the driver clears objects on his or her right side before proceeding.

As motorists and cyclists we must be aware that truck drivers have blind spots.  If you cannot see a truck’s side mirrors, the truck driver cannot see you.  One-third of all crashes between large trucks and cars take place in a truck’s blind spots.  Does that mean the truck driver has no responsibility for their blind spots?  A truck driver cannot use his or her “blind spot” to avoid responsibility when he or she strikes someone who is in his or her blind spot.  Truck drivers have a responsibility not to enter a space he or she cannot see.

As cyclists and motorists, we can follow a few guidelines to prevent these types of collisions.  First, ride to the left and never pass on the right.  If you have a bicycle lane available to you, be sure to use it.  Be sure you have checked behind you, in front of you and to both sides when approaching an intersection or prior to turning right.  Always take every precaution for your own safety.

If you have been involved in an accident with a truck, be sure to contact an attorney experienced in truck accident litigation.  Remember your case must be filed within a specific time period so you should consult with an attorney as soon as possible after your accident.

 

Other articles you may be interested in:
Cyclist Hit by Car–What To Do in Nebraska

Is the Internet Putting You or Your Child at Risk?

“It is actually obscene what you can find out about people on the Internet.”  This direct quote is from a man who used an internet information service known as Docusearch to locate and kill a young woman he developed a fixation on in high school.  The man developed an obsession with a classmate in the tenth grade and years later, on October 15, 1999, he drove to her workplace and fatally shot her before killing himself.  This is one extreme example of cyber stalking.  Cyber stalking can lead to cyber bullying as the stalking evolves into threatening or obscene e-mail, spamming or live chat harassment.  A victim may also experience computer viruses, electronic identity theft, or tracking of their computer and Internet activity.

There is no stipulated definition of cyber stalking, however, any act deemed to be threatening and unwanted using online and computer communications can be a form of cyber stalking.  Cyber stalking can be just as psychologically traumatic as physical stalking, and often leads to off-line stalking, including phone calls, vandalism, trespassing, and assault.  Victims experience psychological damage, including changes in sleeping and eating patterns, nightmares, anxiety and fear for their own safety.  Cyber stalking is motivated by a desire for control over the victim.

Protecting yourself and your children from cyber stalking and cyber bullying becomes crucial to safety.  This starts with choosing a genderless screen name and being careful about the websites you visit, including social media websites.  Don’t flirt online, unless you are prepared to deal with unwanted attention and unwanted suitors.  Never engage in flaming (online provocation) and report offending messages to your internet service provider.  Don’t respond to threats and notify the website moderator or operator of any offensive messages.  Don’t confront the stalker/harasser as it only encourages the behavior.  Never give out personal information and Google yourself frequently to ensure no one else has posted personal information about you online.

As a parent, you should monitor what websites your children are viewing and remain engaged in your child’s life.  Watch for personality changes or the need for privacy while on the computer. Insist on being friends with your child online and monitor their posting.  If you see your child posting a text message, tweet or response to a status update that is harsh, mean or cruel, address it immediately.  Watch for repeated patterns and behavior that indicate your child may be depressed or anxious.  If your child is withdrawn or acting out in anger at home, review their website history.

If you suspect your child is being stalked or targeted by a cyber-bully, block the bull, limit your child’s access to technology and make yourself familiar with your child’s online world.  If you discover your child is engaging in bullying behavior, put a stop to it, even if it means taking away their cell phone or right to non-monitored computer use.  Remember that as long as your child has access to online technology, they are at risk.

Winter Weather Awareness Day: Are you prepared?

November 6 has been declared Winter Weather Awareness Day for the State of Nebraska.  This is the day to concentrate on preparing for winter weather.  In Nebraska, a major winter storm can last for several days and can include, snow, high winds, freezing rain, sleet, heavy snowfall and dangerously low temperatures.  The arrival of extremely cold temperatures, heavy snow and flooding caused by ice jams can create hazardous conditions and hidden problems.  Winter dangers include hypothermia, frostbite, loss of fingers and toes, and even death.

It is important to protect yourself from dangerous winter weather.  The first thing you can do is to stay inside as much as possible.  Close off rooms that are not needed in order to conserve heat.  Keep your thermostat at a steady temperature during the day and set it to lower your temperature at night and whenever the house is unoccupied by ten degrees.  Cover your windows at night and wear layers of loose-fitting, lightweight, warm clothing.  Remove layers to prevent overheating, perspiration and subsequent chill.  If you are using alternate forms of heat, such as electric or space heaters, be sure to observe all safety warnings.

If you must be outside, remember to avoid overexertion, such as shoveling heavy snow, pushing a car or walking in deep snow.  The strain from the cold and hard labor could be sufficient to cause a heart attack.  If you sweat while in your winter gear, perspiration could lead to a chill and hypothermia.  If you get caught outside, try to stay dry and cover all body parts.  If you are stranded, do not attempt to walk for help.  Harsh weather conditions can cause you to become disoriented.  If your car will start, run the motor about ten minutes each hour for heat, but make sure you have a window cracked to avoid carbon monoxide poisoning.  Make sure your exhaust pipe is not blocked.  Remember to occasionally move your arms, legs, fingers and toes vigorously in order to keep your blood circulating and to stay as warm as possible.

Equip your car with a winter safety kit, which should include the following items:

  • a shovel
  • windshield scraper and small broom
  • flashlight with extra batteries
  • battery powered radio
  • water
  • snack food including energy bars
  • raisins and mini candy bars
  • matches and small candles
  • extra hats, socks and mittens
  • First aid kit with pocket knife
  • Necessary medications
  • blankets or sleeping bag
  • tow chain or rope
  • road salt, sand, or cat litter for traction
  • booster cables
  • emergency flares and reflectors
  • fluorescent distress flag and whistle to attract attention
  • Cell phone adapter to plug into lighter

Inserra & Kelley reminds you to have fun this winter, but remain safe and be aware of your surroundings to avoid weather related accidents.  If a loved one or you have been injured in a weather related accident, call Inserra & Kelley toll free at 1-800-642-1242. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. If you have a valid claim, you may be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Do Bicycle Lanes Help Prevent Serious Injuries?

In today’s fitness-centered world, bicycling has become a popular mode of travel and keeping fit.   More and more Americans are relying on two-wheeled transportation to get them to and from work, as well as replacing gym memberships for many avid cyclists.  Cycling brings with it risks of injury that may be different than those in standard automobiles, but certainly no less serious.  In fact, many people believe that by riding a bicycle, as opposed to operating a car, only poses risk to themselves and not others.   This is why safety in riding is so important.

In 2013, a number of bicycle lanes were added to the streets in Omaha and Bellevue.  A bicycle lane is a narrow separate lane designated with a symbol of a bicycle.  As bicycling became more popular, so did the risk of injuries to bicyclists on our metropolitan streets.  Designated bicycle lanes serve to prevent automobile-bicycle accidents and save costs and health treatment necessitated by automobile/bicycle accidents.  They provide a smooth, continuous path on which to ride safely.  Only 1 percent of the United States uses bicycles as a mode of transportation for commuting to and from work, while 25% of the Netherlands uses bicycles as a mode of commuting.  The rate of automobile-on-bicycle accidents in the Netherlands is about 26 times lower than the United States.  The Netherlands comprises a much smaller geographical area, however contains over 18,000 miles of segregated bicycle lanes.

Bicycle lanes encourage more cycling and less driving, which equates to less traffic, less pollution, more exercise, more safely and a cheaper means of transportation.  However, not everyone is a fan of bicycle lanes.  In New York, protestors argue that the lanes take away from their rights as motor vehicle operators by forcing them to share the road.  There is also an argument that curbside parking is reduced and some bicycle lanes run through loading zones originally designated for deliveries.

In Bellevue, Nebraska, the addition of bicycle lanes eliminated a lane of traffic each way from Chandler Road on the North to Capehart Road just past Offutt Air Base on Fort Crook Road, the main drag between Bellevue and Plattsmouth.  The wide bike lanes have made bicycle travel safer but cyclists still need to watch out for traffic, stop at stoplights and be aware of traffic around them at intersections.  Bicyclists always have the right of way.

Similarly, Omaha has expanded bike lanes on Leavenworth Street between 13th and 31st Street, making downtown bicycle travel safer.  The addition of bicycle lanes connects Bellevue to Omaha and offers more opportunities for cyclists to commute.  Omaha Mayor Jean Stothert believes these bicycle lanes also help businesses encouraging healthy choices of their employees by allowing a safe lane in which to travel.  Bicycling, however, still carries with it hazards when commuting.  Lack of a helmet increases your risk of serious injury and traumatic brain injuries.

When you are traveling on the main roads, it is a good idea to avoid wearing earphones and concentrate on the sounds of the road.  Being observant as a cyclist can reduce your risk of injury.  Be sure to use your hand signals when making turns or stopping and remember to wear reflective gear.  Pay attention to traffic control measures and travel at safe speeds for the conditions you are experiencing.  Know the bicycle routes that provide the most visibility and always make sure your bicycle has working equipment and can be easily seen at night.  It is also important to inform loved ones of which routes you are taking and what time you expect to be back so they know where to look if you don’t return on time.  Ultimately, bicycling has become a safe and effective mode of transportation in the metropolitan area, as well as being a great step towards physical fitness!  If you are involved in an automobile/bicycling accident, make sure you exchange information and contact an attorney who is well informed on issues of automobile negligence.

Elderly Drivers: How old is TOO old to be behind the wheel?

As we grow older, we become more aware of our own mortality and that of our parents.  As we watch them age, we start to notice the little changes, such as forgetting where they left their glasses or keys and then the bigger changes such as failing to take their medication, or falling.  At this point, we start to wonder how safe it is for them to drive.  We worry about their safety and the safety of others.  Although some people remain mentally sharp with strong vision, reflexes and physical abilities well into their 80s and 90s, others start to show deficiencies in their 50s.

Data shows that senior citizens account for 5% of people injured in traffic crashes, 13% of all traffic fatalities and 18% of all pedestrian fatalities.  The number of elderly drivers is expected to triple in the United States over the next 20 years, according to smartmotorist.com.  Some states require mandatory driving tests after a certain age or require physicians to disclose conditions that could affect driving ability.

According to the Insurance Institute for Highway (IIHS), older people stand a greater chance of becoming a fatality in a traffic collision due to fragility and health issues.  Between 1997 and 2006, the death rate for older drivers declined steadily with no definitive reason.  So other than expecting your parents to self-limit their driving, how can we assure our parents are as safe as they can be on the road, as well as not endangering others?

First, watch for warning signs such as fearful and nervous driving, difficulty staying in the lane of travel, trouble paying attention or slower response to unexpected situations.  Keep informed regarding your parent’s medical conditions and medications, and talk to your parents about how they feel about their driving abilities and focus, as well as their vision.  If you have concerns regarding your parent’s driving, try to discuss the safe ability to drive with your parents’ physicians or take the keys and/or the car away and arrange for alternate transportation.  Remember that the ability to drive is closely connected to a person’s feeling of independence and dignity, so be cognizant of this when addressing the issue of elderly driving.

Spooktacular Safety Tips for Halloween

Fall brings many recreational activities such as football, trips to the pumpkin patch, hayrack rides and, of course, Halloween.  As a child growing up in a small Nebraska town in the late 70s and early 80s, Halloween was fun and fairly safe.  The worst we had to worry about was scraped knees or getting sick from eating too much candy.  As time went by and we became more aware of how dangerous the world was becoming, we had to increase our safety.  We began to realize it was no longer safe to go out alone and could not eat unwrapped or unsealed candy.  As we think of safety this Halloween season, remember not to overlook those basic rules.  Always carry a flashlight and travel in groups.  This year expand your safety to include some less obvious safety risks of Halloween.

Costumes have changed a great deal over the years.  My first costume was Jiminy Cricket, which was basically a cheap plastic mask and green smock.  The days of the mask have been overtaken by face paint and makeup.  Be sure to test the paint or makeup on a small patch of skin prior to Halloween night to avoid an unnecessary trip to the emergency room and look for face paint that has the FDA approved list of color additives, especially if your child tends to have allergies.  Ensure that all makeup has been removed with soap and water prior to going to bed to prevent a breakout or staining on your clothes or skin.  Be aware that although cosmetic contact lenses may look cool, they can lead to very serious eye infections.  Remember never to share contact lenses with friends or family members and always wash your hands when putting contacts in or taking them out.

If you or your child chooses a mask in lieu of paint, remember to check the mask for sharp edges and make sure there is enough room in the mask to breathe comfortably.  Adults should limit intake of black licorice as it can cause potassium levels to fall which can lead to abnormal heart rhythms or heart failure in adults.  Obviously certain activities can also increase your susceptibility to germs, such as bobbing for apples or sharing drinks or food at a party.  Remember that the cold and flu season has already begun and these activities can spread germs.

If you choose not to trick or treat with your children, be sure to check your state’s website for sex offenders and do not allow your children to trick or treat at these houses.  Make sure you know the route your children are taking and if possible, make sure an adult travels with the group of trick or treaters.  Ensure that your children understand there is a firm curfew on Halloween night, so you know when your children are supposed to be safely home.  Make sure your children have a cell phone available to call if they are delayed.  Warn your children about the flammable nature of clothing they may be wearing and advise them to keep their distance from lit jack-o-lanterns.

Lastly, ensure your children know the difference between a harmless trick and vandalism or criminal behavior.  Above all, remember to warn your children not to get into a car, enter a house or even talk to strangers.  If they are approached by a stranger and feel uncomfortable, they should scream and run away as fast as possible.  All children should know how to safely cross the street and to look out for smaller children.  Halloween should be a fun time for the entire family, so be careful and enjoy the holiday!

Nebraska Dog Bites Fall Under Strict Liability Statute

They are man’s best friend.  They don’t know evil or jealousy or discontent.  Although the majority of time dogs are docile and friendly, they sometimes can be dangerous.  Dogs can be aggressive, sometimes lacking malicious intent, but causing serious injury or death nonetheless.  In Nebraska, dog owners are liable for any and all damages to anyone except a trespasser under a statutory strict liability.

Neb. Rev. Stat. § 54-601 sets forth dog bite liability.  As dogs are personal property for all intents and purposes, the owner of a dog is liable for any and all damages that could accrue (1) to any person other than a trespasser by reason of having been bitten by such dog or dogs and (2) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying or chasing any person or persons or any sheep or other domestic animals belonging to such person.  Owners become strictly liable for the actions of their dogs.

The Nebraska dog bite statute also applies to scratches, knock-downs and other attacks.  In 2009, the Supreme Court clarified the legislative intent in Underhill v. Hobelman, 279 Neb. 30, 34 (2009).  Underwood demonstrated that not only does Nebraska’s dog bite statute apply to bites, but any means of injury.  A potential exception is the dog that causes damages during playful and mischievous acts.  Donner v. Plymate, 193 Neb. 647, 649-650 (1975).  Nebraska recognizes a strict liability standard for nearly all dog bites.  Donner determined that, when read together, the terms “killing”, “wounding”, “worrying” and “chasing” implied the dog was acting aggressively.  The Nebraska statute does not require the injury to be inflicted maliciously, however.

Nebraska’s strict liability statute on dog attacks and dog bites allows for recovery for damages without a showing of negligence on the part of the owner.  If you have been bitten by a dog, make sure you file a dog bite report with the Nebraska Humane Society.  You will want to gather the following information:

1)   Information about the dog that bit you, including name, age, address, color, breed and vaccination history (if available).  You may be able to find some of this information on the bite report completed by the Nebraska Humane Society.  Do NOT attempt to approach the dog again to obtain this information on your own.  You could risk further injury.

2)   Information about the owner of the dog, including name, address and phone number.

3)   Name of the dog’s veterinarian.

4)   Photos of the dog bite and the area of the attack.  If your clothing was torn, take photographs of the damage to your clothing, as well as keeping the clothing.  You may need it at a later time.

5)   Copies of any medical bills you receive as a result of treatment for the bite or attac

It is important to hire an attorney early in order to protect your rights.  Dog bite claims have time limits in which to bring your claim, so be sure to contact an attorney with experience handling dog bite claims.

Lawyers Against Hunger

Inserra & Kelley will again be hosting the Lawyers Against Hunger turkey giveaway to support our community.  This year’s event will take place on November 26, 2013 between 2:30 p.m. and 5:30 p.m. in the No Frills Supermarket parking lot located at 50th & G Streets in Omaha, NE.  You must have a ticket from the Omaha Food Bank distribution in order to pick up a turkey.  If you have a ticket, be sure to complete the back side with your name, address, phone number and email address as we will be drawing for a $100.00 No Frills grocery giveaway at 5:30 p.m.  You do not need to be present to win.

Iowa Department of Transportation Proposes Regulation of Traffic Cameras

If you are operating a motor vehicle in the State of Iowa, you know speeds are carefully monitored.  Last week, the Iowa Department of Transportation published new rules requiring cities and counties to provide proof there’s a critical safety concern at a specific location before traffic monitoring cameras would be allowed at that location.  The proposed rules will be presented at a public hearing at 9:30 a.m. on Tuesday at the Iowa Capital in front of a committee of five Republicans and five Democrats who provide legislative oversight on state agency rule making.

If you would like to comment on the proposed rules, please send your suggestions to the Department of Transportation prior to October 29, 2013.  The rules could go into effect as early as February 12, 2014.

At the current time, nine Iowa cities and Polk County use automated cameras to ticket motorists for minor traffic infractions, such as running a red light or violating posted speed limits.  The cities included are:  Cedar Rapids, Clive, Council Bluffs, Davenport, Des Moines, Fort Dodge, Muscatine, Sioux City and Windsor Heights.  Some of these cities use permanent cameras on highways or Interstates, while others use mobile cameras mounted in vehicles parked alongside state roads.

Although opinions vary on how cost effective and efficient this process is, law enforcement contends roads are safer when drivers know their actions are being monitored.  Although the rules would provide some oversight and regulation to the use of the cameras, some politicians and citizens would like to see a permanent ban on the traffic monitoring cameras.