2011 May Archive

Recently, the personal injury attorneys at Cullan & Cullan helped an Omaha woman obtain a $52,000 settlement for injuries suffered in a car accident in Omaha, Nebraska. The collision was caused after a motorist wrongfully turned in front of the woman, who is also a mother of two children. As a result of the crash, the woman suffered neck and back injuries.

According to the National Highway Traffic Safety Administration (NHTSA), in 2009 approximately 2.2 million people in the United States were injured in car accidents. The injuries sustained in car accidents in Nebraska can vary greatly. The most common injuries include head and face injuries, such as lacerations, bruises, fractures, and dental injury; brain injuries, such as concussions; neck injuries, such as whiplash, fractures, sprains, or disc injury; shoulder and arm injuries, such as sprains, lacerations, fractures or dislocations; back and spine injuries; various leg, knee, and foot injuries, including hip injury; and even psychological injuries with symptoms similar to post-traumatic stress disorder.

Depending on the severity of the collision and the extent of the injuries suffered, extensive rehabilitation may be needed, in addition to expenses such as medication. A severely injured victim may also be burdened with costly hospital bills and lost time away from work. It is important for those injured in vehicle accidents caused by another motorist’s negligence to remember they have legal rights, and with the assistance of a skilled attorney, they can hold negligent parties responsible for their actions.

The Nebraska physicians and trial lawyers at Cullan & Cullan have acute knowledge of the types of injuries sustained in automobile accidents. If you have been injured in a car crash in Nebraska that you believe was caused by another motorist’s negligence, call our law offices for a free consultation today. We may be able to help you receive compensation for hospital bills, ongoing medical expenses if further treatment is needed, loss of present and future wages, pain and suffering, vehicle damage, and more.

On Tuesday, May 11, the Federal Motor Carrier Safety Administration (FMCSA) launched the Pre-Employment Screening Program (PSP), a program that gives commercial motor carrier companies access to truck driver accident and inspection records electronically during a truck driver’s hiring process.

According to the FMCSA, the program gives commercial carriers the appropriate tools needed to make an informed hiring decision, which ultimately results in safer truck drivers on the nation’s roads. The Pre-Employment Screening Program gives commercial carriers up to five years of access to a driver’s accident data in addition to inspection data of up to three years, without regard to the jurisdiction or state. This information will assist commercial carriers in better assessing a prospective driver’s possible safety risks. In addition, the PSP gives drivers an opportunity to verify their driving history data and fix any inconsistencies. Every month, the PSP is populated by the Motor Carrier Management Information System (MCMIS) of the FMCSA. The MCMIS contains data regarding driver performance, such as state-reported accidents, results from inspection and compliance reviews, enforcement data, and more.

In relation to the launch of the program, U.S. Transportation Secretary Ray LaHood stated, “Safety is our highest priority. The Pre-Employment Screening Program sends a strong message to commercial carriers and drivers that we are serious about having the safest drivers behind the wheel of large trucks and buses.”

Trucking companies have a legal duty to hire truck drivers that do not pose significant dangers to other motorists on the road. If a commercial carrier is found to have hired a driver with conditions that prevent them from operating a truck safely and an accident results, injured victims may be able to hold the trucking company liable for their injuries and accident-related losses. At Cullan & Cullan, our Omaha truck accident attorneys have the unique distinction of being physicians in addition to lawyers, giving us a unique perspective on personal injury cases. If you have been injured in a truck crash in Nebraska, contact our law offices today to learn how we can help you hold a negligent truck driver or trucking company responsible for your losses. Call 1-402-397-7600.

In May of 2008, a Douglas County jury returned a verdict of $120,000 after an Omaha car accident caused a 62-year-old Omaha man to suffer severe back injuries. The man was represented by injury lawyers from Cullan & Cullan. During the trial, the defense denied the accident was the cause of the back injuries, but the jury disagreed. The jury verdict was one of the largest verdicts in Douglas County Court in Omaha, NE, at the time.

During the man’s trial against State Farm Mutual Automobile Insurance Co., he alleged that the accident was caused when he was driving eastbound on Ames Avenue at 30th Street when a vehicle traveling westbound failed to yield the right-of-way and turned left in front of him, resulting in the injury accident. The other motorist also reportedly failed to comply with the appropriate traffic signal and was traveling at an excessive speed.

Additionally, the man asserted that he had settled a claim against the other motorist with the insurance company’s approval for $25,000.000, and he submitted a claim to State Farm for damages that were not covered by the settlement, in accordance with the under-insured and “umbrella” coverage stipulations of his insurance policy. However, he alleged that State Farm refused to pay the claim.

State Farm admitted it had given the man a policy that included under-insured and “umbrella” coverage provisions, but denied that the other motorist had acted negligently. However, the jury concluded that the other motorist’s negligence caused the accident and injuries. The insurance company also claimed it was entitled to an offset, against its liability for underinsured coverage, for its payment of over $15,000 to the man under the medical payment coverage of his policy. The jury deliberated for over six hours and concluded the collision caused three herniated discs in the back of the victim.

The physicians and trial lawyers at Cullan & Cullan specialize in representing people after automobile accidents. To learn how our Nebraska car accident attorneys can help you, call 402-397-7600 for a free consultation today.

An antilock braking system (ABS) is a safety system that permits a motor vehicle’s wheels to retain traction with the road as directed by a motorist while braking. This prevents the vehicle’s wheels from locking and therefore avoids skidding. Typically, an ABS offers motorists improved control of the vehicle and reduces stopping distances on most surfaces. Under Federal Motor Vehicle Safety Standard No. 121, large trucks that weigh 10,000 pounds or more are required to have an ABS. Since 1997, an ABS has been required on tractors, semi-trailers, and single-unit trucks as well.

According to a recent study conducted by the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA), antilock brakes on trucks resulted in a three percent reduction in accidents. The study also found that among the kinds of accidents that ABS influences, there is significant reduction in jackknife accidents, off-road overturns, and at-fault involvement in accidents with other motor vehicles, with the exception of front-to-rear collisions.

In fatal crashes, the study discovered that ABS considerably decreased accidents on non-interstate roads with speed limits set less than 50 mph. However, on interstates and roads that had speed limits set 55 mph or greater, rear-end accidents increased drastically. While taking the type and speed of the road into consideration, as well as lighting conditions and urbanization, the estimate of fatal accident reduction is four percent where an ABS could be effective, which the study concluded was a two percent reduction in all fatal accident involvement.

While large trucks are equipped with certain features that promote safety and help reduce accidents, if not properly manufactured or maintained, these features can malfunction, which greatly increases the chance of a truck accident occurring. Additionally, a crash may result if a truck driver operates their 80,000 pound vehicle in an unsafe manner, such as exceeding their hours-of-service (HOS), driving recklessly, or driving under the influence of drugs or alcohol.

At Cullan & Cullan, our Nebraska truck accident lawyers understand the difficulties an injured victim and their family faces following a serious truck crash. If you are facing costly medical bills while missing work as you recover from your injuries suffered in a truck accident you believe was caused by a negligent truck driver, call our highly trained and experienced attorneys. As lawyers and physicians, we can help you understand your legal options as well as advise you on the best course of action for your situation. Call 1-402-397-7600 today.

Ray LaHood, the U.S. Transportation Secretary, announced on May 5 several new measures the Federal Motor Carrier Safety Administration (FMCSA), which is a part of the U.S. Department of Transportation (DOT), plans to implement to ensure the safety of bus passengers.

Now, the DOT will require testing for commercial driver’s licenses (CDLs) to be more rigorous and will also create new rules to reinforce passenger carriers’ compliance with federal safety regulations. Working with state law enforcement, the FMCSA will also conduct unannounced motorcoach inspections at popular travel destinations throughout the spring summer seasons.

A new rule was also announced by the FMCSA under which anyone who applies for a CDL must obtain a commercial driver’s learner’s permit (CLP) first. The new rule also requires all state licensing agencies to use a testing system for CDLs that meets the CDL knowledge and skill standards of the American Association of Motor Vehicle Administrators, and also forbids the use of foreign language interpreters during testing to reduce testing fraud.

Previously, testing for CDLs were not uniform across the U.S. and applicants for CDLs were not required to obtain a CLP before getting a CDL. The DOT also proposed another measure that would give the agency strong authority to take enforcement action against unsafe “reincarnated” carriers by creating a federal standard to help identify if a new carrier is actually an older carrier remade.

Additionally, the DOT has proposed for it to be mandatory for new motorcoach companies to go through a full safety audit before they are granted DOT operating authority. The DOT also proposed that a driver’s CDL should be suspended or revoked after an alcohol or drug-related offense is committed in a non-commercial vehicle. The DOT has also proposed that the penalty for passenger carriers that attempt to operate without DOT authority be increased from $2,000 to $25,000 a day.

As both attorneys and physicians, the Nebraska truck accident lawyers at Cullan & Cullan understand the emotional, financial, and physical difficulties injured victims face following a serious truck crash in Nebraska. It is important for victims to understand the legal options available to them and how they can exercise their legal rights against a negligent trucker. To learn how Cullan & Cullan can help you hold negligent parties accountable for their actions, call 1-402-397-7600 today.

On May 2, Ray LaHood, the U.S. Transportation Secretary, announced new data from a survey conducted by the Federal Motor Carrier Safety Administration (FMCSA) that shows approximately 78 percent of commercial truck and bus drivers wore a seat belt when they were driving in 2010. In 2009, that number was 74 percent.

According to the data, since 2007 the number of commercial drivers that are wearing seat belts has increased by about 14 percent. The survey observed 26,830 commercial truck and bus drivers at 998 roadside sites across the United States. The survey discovered that seat belt use for commercial drivers as well as their occupants was about 80 percent in states in which law enforcement officials are able to stop drivers for not wearing a seat belt (primary enforcement), compared to 72 percent in states with secondary enforcement seat belt use laws. In states with secondary enforcement, officials are only able to stop or cite a driver for a seat belt violation if the driver committed a primary violation, such as speeding, at the same time.

According to the National Occupant Protection Use Survey (NOPUS) conducted by the National Highway Traffic Safety Administration (NHTSA), in 2010, seat belt use for passenger vehicle occupants was 85 percent, which was an increase from 84 percent in 2009. As with seat belt use among commercial drivers, seat belt use was higher in primary enforcement states at 88 percent, as compared with states that had secondary enforcement, at 77 percent. It is interesting to note that seat belt use for vehicle occupants traveling in rural areas increased to 83 percent in 2010 from 81 percent in 2009, while seat belt use for vehicle occupants traveling on expressways increased to 91 percent in 2010 from 89 percent in 2009.

The NHTSA reports that an estimated 13,000 lives were saved in the U.S. in 2008 because of seat belts. While seat belts are the best defense against drivers who are aggressive, distracted, or impaired, unfortunately, seat belts can’t prevent every injury or even serious injuries, depending on the specifics of the crash. The Omaha tractor trailer accident attorneys at Cullan & Cullan have dedicated their practice to helping injured victims receive the compensation they need and deserve after a truck crash. As physicians and attorneys, we understand the difficulties you are facing. Call 1-402-397-7600 today.

In 2009, the most recent year statistics are available, the National Highway Traffic Safety Administration (NHTSA) reports there were 3,380 fatalities and approximately 74,000 people injured in large truck accidents in the United States.

In comparison to the previous year, large truck accident fatalities declined 20 percent, from 4,245 in 2008. Injuries sustained in large truck accidents also decreased in 2009 by about 18 percent from 2008, during which approximately 90,000 people were injured. According to the NHTSA, of the large truck accident fatalities that occurred in 2009, about 75 percent were occupants of other motor vehicles, while 10 percent were nonoccupants (such as pedestrians or bicyclists), with 15 percent being large truck occupants. Statistics are similar for those injured in large truck crashes: around 76 percent were occupants in other vehicles, with 2 percent being nonoccupants, and 22 percent being occupants in large trucks.

When a truck operator drives negligently, unfortunately it is often other motorists who suffer. Many factors can contribute to a Nebraska truck accident, including:

• Use of prescription or illegal drugs
• Excessive speeding
• Driving while fatigued
• Distracted driving
• Driving aggressively and/or recklessly

There are regulations in place by the Federal Motor Carrier Safety Administration (FMCSA) regarding the number of hours truck drivers are allowed to drive. However, often truck drivers overlook these rules and drive excessively long shifts in order to make deliveries on time or ahead of schedule. This results in drivers who are tired and/or dependent on drugs to stay awake, putting all motorists and others on the road at great risk of being involved in a truck crash in Nebraska and sustaining serious injury.

The Omaha semi-truck accident lawyers at Cullan & Cullan have dedicated their practice to helping those who have been severely injured in truck crashes throughout Nebraska. Our attorneys are not only highly trained and experienced in the legal system, but also as physicians, giving us unique distinction from other law firms. To learn more about how Cullan & Cullan can help you, call 1-402-397-7600 today.

Every year law students are invited to spend time with Cullan & Cullan LLC in a program entitled CULLANLAW. CULLANLAW offers mentoring for law students through first-hand experience, education, and trial practice.

CULLANLAW is proud to announce Brian Tackett, a second year student at Creighton University School of Law, has been awarded the CULLANLAW medal of excellence for his work, dedication, and commitment to trial practice and helping others. Brian placed in the “elite 8” at Creighton’s annual trial competition. He has been chosen as an alternate for the 2012 national trial team that competes on behalf of the school, directed by Professor Colin Mangrum. He is also planning on being part of the national arbitration team in 2012.

When asked about his experiences with CULLANLAW in 2010, Brian recalled the endless hours of preparation needed for Nebraska medical malpractice cases, Nebraska birth injury cases, and Nebraska semi-truck accident cases. “In the days and months leading up to a major trial, Joe and Pat worked tirelessly to prepare for their cases. I felt honored to be a part of that process. The time and experience gave me a real-world look at the work involved in preparing for major litigation, such as the brachial plexus case”.

One of Brian’s most inspirational moments with CULLANLAW involves Joe and Pat Cullan’s work as law students which resulted in a $250,000.00 settlement for a couple after a truck accident. The couple suffered serious injuries including leg injuries and spinal disc fusions necessitating surgery. The story helped Brian realize a lawyer is never too young to make a difference.

CULLANLAW allowed Brian to work alongside the Cullan Physicians and Trial Lawyers while prosecuting a medical malpractice case involving a birth injury to the brachial plexus of a young Nebraska boy. Trial lasted just over a week, and on March 9, 2010 the jury returned a verdict of $1,300,000.00. The verdict was the largest verdict for a brachial plexus injury at birth in Nebraska history and the largest medical malpractice verdict since the Cullan’s received a $4,000,000.00 verdict in 2007 for the wrongful death of an Omaha man.

At Cullan & Cullan LLC, our Nebraska personal injury lawyers have the resources and skills necessary to conduct a careful and thorough investigation into personal injuries caused by the negligence of others. For many years, we have successfully litigated on behalf of our clients who have been injured seriously or lost a loved one due to the unreasonable or reckless conduct of others. For a free consultation, call 1-402-397-7600 or 1-800-800-2256 today.

According to the Federal Motor Carrier Safety Administration (FMCSA), close to 30 percent of truckers with commercial driver’s licenses (CDLs) have sleep apnea. Sleep apnea is a sleep disorder that is breathing-related and causes short interruptions of breathing when someone is asleep. These pauses can last over 10 seconds and may occur 400 times in one night. Sleep apnea is a serious condition that is often not recognized or diagnosed. Common indicators of sleep apnea include loud snoring, sleepiness during the day, depression, lack of concentration, falling asleep at inappropriate times, and memory impairment.

These symptoms are particularly dangerous for commercial truck drivers, who can drive up to 16 hours consecutively and operate a vehicle that is over 80,000 pounds.

Research shows that when sleep apnea goes untreated, it puts drivers at an increased risk of being involved in an accident. One study found that drivers with untreated sleep apnea did worse during performance testing than subjects who were alert but had blood alcohol concentrations (BACs) above 0.04 percent, the legal limit for operating a commercial motor vehicle (CMV).

Since sleep apnea poses such a potentially deadly hazard to commercial truckers and other motorists on the road, each state in the U.S. has the authority to suspend a truck driver’s CDL is they have sleep apnea. If it is discovered that the level of a truck driver’s sleep apnea is moderate to severe, they may be disqualified. A medical examiner must determine a trucker’s medical fitness and qualify them for duty. It is against the law for a motor carrier to permit or require a truck driver to operate a CMV if the driver has sleep apnea or another condition that would significantly affect their ability to operate the vehicle safely.

The Nebraska truck accident lawyers at Cullan & Cullan have seen first-hand the devastation truck crashes in Nebraska can cause in addition to the financial and emotional burdens that are placed on a family when a loved one is injured in a collision that was the result of truck driver negligence. As physicians and attorneys, we understand how difficult it is to recover from a serious injury, and we have dedicated our practice to those who have been wronged by another’s wrongful actions. To learn how we can help you recover the compensation you need, call 1-402-397-7600.