The changes taking effect in February help determine on duty time, the penalties for violating driving time regulations, and waiting times for oilfield drivers. With these new regulations on duty time is not recorded for any time resting in a parked truck, and doesn’t include up to 2 hours before or after 8 hours sleeping in a truck if riding in the passenger seat (1).

Egregious violations of the HOS final rule are now clearly defined by FMCSA to be driving 3 or more hours over the time limit of 11 hours per day (1). This also applies to driving over 60 hours in 7 days if the driver doesn’t drive a commercial vehicle every day, or 70 hours in 8 days if the driver drives every day (1).  If an egregious violation is committed the trucking company is subject to the maximum civil penalty of $11,000 and the driver is subject to a fine of $2,750 (2). This ruling on egregious violations applies to drivers with and without passengers.

 Waiting times for oilfield drivers must now be clearly logged, whereas before there was no required method of recordkeeping. Waiting times should now be “identified by annotations in “remarks” or a separate line added to grid.” (1).

 The new regulations going into effect July 1^st 2013 concern mandatory breaks while driving, and “34-hour restarts”. While drivers are limited to 11 hours of driving per day, they can now only drive if it has been less than 8 hours since their last break of 30 minutes or more (1). This ensures that drivers go no more than a standard workday without rest of some sort. A 34-hour restart is used to effectively “restart” the driving time limit of 60 or 70 hours per week by taking a full 34 hours off. A 34-hour restart can now only be used once per week, and must include 2 periods from 1AM-5AM home terminal times (1). This ensures that drivers get some sleep during the periods that their body needs it most.

 Finally, it should be noted that intrastate regulations for the state of Arkansas mirror those of the federal government exactly, with two exceptions. First, commercial drivers may be 18+ within Arkansas, instead of 21+ (4). Second, HOS regulations do NOT apply to farm supplies or commodities being moved within 100miles of their source during planting or harvesting season (4).

  Sources

1. http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx
2. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?contentid=1566
3. http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=347
4. http://www.truckaccidents.com/trucking-laws/states/ar

It is now recommended that any child who fits within the height/weight parameters set forth by the seat manufacturer should remain in a rear facing safety seat (1). Prior to new NHTSA recommendations only children 1 year of age of younger were recommended to ride in rear-facing seats. Similarly, children who outgrow rear-facing seats are now recommended to stay in a 5-point harness as long as they fit within the parameters set forth by the seat manufacturer (1). Prior to these new guidelines children over 4 were supposed to ride in booster seats. Booster seats are now recommended only for children who have outgrown their 5-point harness. These booster seats should be used until your child is over 4’9” (1). Prior to this release children over 8 were given no such recommendation. Finally, it is now recommended that all children under 13 ride in the back seat (1).

Even if these recommendations are followed your child could still be in danger if your car seat is incorrectly installed. 96% of parents think their child safety seats are correctly installed (4). However, research shows that approximately 70% of all safety seats are incorrectly installed; the odds are good that your car seat is incorrectly installed while you remain unaware of the danger it presents (3).

Every parent should be well acquainted with the new child safety seat recommendations put forth by NHTSA and take action to ensure that they are followed. In addition, parents should be aware that their safety seat might not be properly installed, which drastically reduces their effectiveness. In order to combat these dangers to your children you should keep them in each seat until they outgrow them. Finally, please contact NHTSA to find a professional to install your seat, or inspect your installation.

Sources
1. “The ABC’s of child safety seats by Bryan Slaughter, The Safety Report, Volume 2 Edition 4, p. 61, 2011
2. http://www.seatcheck.org/news_fact_sheets_statistics.html
3. Bull M J, Stroup K B, Gerhart S, et al. Misuse of Car Safety Seats. Pediatrics Jan 1988;81:98-101

 Several topics were submitted by the students for consideration, but the final topic selected by the firm, is whether the government should hold an obligation to see further advances in alternative energy. 

 First place receives $300, second place receives $200, and third place receives $100.  Judges for the competition include Judge Mark Fryauf, Bentonville School Superintendent Michael Poore, Tracy Neal, Jim Laudell, Kimberly Garrett, Eugene Kelley, Martin Swope, Jon Woods, Bart Hester, and members of the firm.

 Drunk driving is an American epidemic, this year 10,839 people will die in drunk driving crashes – one every 50 minutes (1). Even more telling is that 1 person every minute is injured in an alcohol related crash (2). In addition to being incredibly dangerous, drunk driving is also extremely costly. Drunk driving costs the average American adult $500 per year (3). Drunk driving is the most deadly form of impaired driving, but hardly the most common.

 Driving while talking or texting is by far the most common form of impaired driving; you have probably done it yourself. However, talking/texting while driving is very dangerous. A study by the Virginia Tech Transportation Institute found that talking on a cell phone made a crash or near crash incident 1.3 times more likely (4). The study found texting while driving to be much more dangerous, resulting in truckers being 23.2 times more likely to crash or have a near crash incident while texting (4). It was also determined that “texting took a driver’s focus away from the road for an average of 4.6 seconds–enough time…to travel the length of a football field at 55 mph.” (4). While these figures are based upon truckers, it can easily be inferred that similar results would be found in individuals driving cars.

 Drugged driving is also incredibly dangerous, but can be more difficult to detect. Police officers are now being trained to recognize signs of impairment from various classes of drugs. One study found that 11% of nighttime, weekend drivers were under the influence of illicit drugs (5). It has been determined that in 2009 4.2% of the population aged 12 and older drove under the influence of illicit drugs in the past year. While this figure alone is alarming, drugged driving is bound to be more prevalent than reported in this study. The total percentage reported is lowered by including many individuals who can’t drive (ages 12-16, or 18 in some states). This percentage is also low because the number of people who willingly admit to using and driving under the influence of illicit drugs is necessarily less than the number of people who actually use and drive under the influence.  

 Impaired driving imperils all Americans. The numbers clearly show that impaired driving is one of the most dangerous, and frequently committed offenses in the United States. Whether impaired by drugs, alcohol, or cell phone use the danger to other drivers and passengers is immense.

Sources

1. National Highway Traffic Safety Administration 2008. Traffic Safety Annual Assessment Highlights DOT 811 172. Washington DC: National Highway Traffic Safety Administration, 2009. http://www-nrd.nhtsa.dot.gov/Pubs/811172.pdf
2. Blincoe, Lawrence, et al. The Economic Impact of Motor Vehicle Crashes 2000. Washington, DC: National Highway Traffic Safety Administration, 2002. http://www.nhtsa.dot.gov/people/economic/EconImpact2000/ Miller, Ted, Diane Lestina, and Rebecca Spicer. Highway Crash Costs in the United States by Driver Age, Blood Alcohol Level, Victim Age, and Restraint Use, Accident Analysis and Prevention, 30, no. 2 (1998): 137-150.
3. Taylor, Dexter; Miller, Ted; and Cox, Kenya. Impaired Driving in the United States Cost Fact Sheets. Washington, DC: National Highway Traffic Safety Administration, 2002. http://www.nhtsa.dot.gov/people/injury/alcohol/impaired_driving_pg2/US.htm
4. http://www.vtti.vt.edu/PDFs/7-22-09-VTTI-Press_Release_Cell_phones_and_Driver_Distraction.pdf
5. National Highway Traffic Safety Administration. Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers. U.S. Department of Transportation Report No. DOT HS 811 175. Washington, DC: National Highway Traffic Safety Administration, 2007.

Identity theft can be accomplished in many ways: stealing your wallet or purse, stealing mail containing personal information, information provided over the internet, going through your trash or public trash depositories, posing as someone who needs your personal information, or buying personal information from an inside source (2). Inside sources include anyone who legitimately has access to your personal information and wishes to sell it to identity thieves.

If your identity is stolen you may be held responsible for thousands of dollars in credit card purchases that you never made, or your money may be taken directly from your account. While the immediate impact of these financial losses is readily apparent, worse still is the impact this can have on your credit. Poor credit resulting from identity fraud can bar you from buying a new home or car, or getting a new job. The potential fallout from ruined credit is virtually endless.

The numbers associated with identity theft are truly staggering. A 2003 Federal Trade Commission report estimated identity theft losses to financial institutions at almost $48 billion, this report also showed that 27.3 million Americans have been victims of identity theft in the last five years (1998-2003), including 9.9 million people in 2003 (3). The loss to individuals is reported to be $5 billion (3). This equals a loss of almost $14,000 per day to individuals, and $131,500 per day to businesses.

This begs the question, how do I protect myself from identity theft? The easiest way to protect yourself from this horrific crime is to monitor your bank accounts/statements for anything out of the ordinary, and to check your credit reports frequently (4). There are also companies that offer to protect your identity for a monthly fee. Finally, being aware of how thieves steal your identity is important for protecting your personal information. Do not submit personal information over an unsecured internet connection, shred documents containing personal information, and verify the identity of anyone requesting personal information over the phone or internet.

Sources
1. http://www.merriam-webster.com/dictionary/identity%20theft
2. http://www.ssa.gov/pubs/10064.html
3. http://www.ftc.gov/opa/2003/09/idtheft.shtm
4. http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/detect.html

It is important to remember that elevated PSA isn’t necessarily indicative of cancer, but it can be. The FDA has approved PSA testing along with a digital exam to detect cancer in men 50 and over (1). Medicare currently covers PSA testing. The benefit of PSA testing lies in its ability to detect prostate cancer before symptoms are present, which is especially important in fast-growing cancer which may spread to other areas of the body. Risk factors for prostate cancer such as age, race, and diet should be considered when deciding to have a PSA test.

PSA testing is also helpful in detecting the recurrence of prostate cancer. PSA levels are generally elevated well before other warning signs of cancer recurrence can be detected. This ideally allows for treatment of recurrent cancer before it spreads or grows significantly.

However, in one study 65%-75% of patients with elevated PSA were found NOT to have cancer (3). This means that patients need to weigh the potential benefit of early detection against the risks of unnecessary tests and cancer treatments due to elevated PSA. Risks of these tests and/or treatments include urinary incontinence, erectile dysfunction, bowel dysfunction and infection (1,2). These risks may be unnecessary because the majority of patients with elevated PSA do not have cancer, some prostate cancer is slow growing, and not all prostate cancer requires treatment (2).

Ultimately whether to get a PSA test is up to you and your doctor. The results of a PSA test should be discussed with your doctor to determine what it may signify, and what action to take, if any.

Sources
1. http://www.cancer.gov/cancertopics/factsheet/detection/PSA
2. http://www.mayoclinic.com/health/prostate-cancer/HQ01273
3. Smith DS, Humphrey PA, Catalona WJ. The early detection of prostate carcinoma with prostate specific antigen: The Washington University experience. Cancer 1997; 80(9):1853–1856.

Alan Lane's presentation on the 30 (b)(6) witness

Sach Oliver speaking on Ethics

Bailey Oliver Law Firm was honored to partner with the Arkansas Trial Lawyers Association to host a Continuing Education Seminar on December 8, 2011 at the University of Arkansas Global Campus, Rogers, AR.The seminar was attended by some of the premier plaintiff lawyers in the state of Arkansas. The presentations covered a variety of topics. Sach

Oliver opened the meeting speaking on ethics. Bruce Mulkey’s presentation gave insights and suggestions into how to get the most out of deposing the defense expert. Alan Lane, of the Odom Law Firm spoke on the strategy of deposing the 30 (b)(6) witness early on in the discovery process and the reasons for doing so. Randy Hall, of the Law Offices of Gary Green gave one of the most informative presentations on fire code cases. Ross Downs, of Downs Law Firm gave detailed information and on what specific documentation is necessary to build an 18 wheeler case. Sach Oliver and Frank Bailey’s portions included cutting edge deposition preparation techniques that work to bring maximum results for our clients. Ryan Scott talked about the importance of being thorough and detailed in researching and preparing pleadings.

Bob Lambert providing the defense's perspective

Bob Lambert of Roy, Lambert, and Lovelace was kind enough to give the defense and the insurance companies’ perspective on negotiation, and trial strategy.

Judge Gordon Webb

Judge Gordon Webb gave an over view of Act 570 Public Safety Improvement Act Theft/Drug Provisions and the changes it will bring to the state of Arkansas.

On December 9, 2011 the second portion of the seminar was held at the law office of Bailey and Oliver in Bentonville, AR. The attorneys attending the workshop were able to work on the cases that they had prepared for this workshop. All of the cases were revised according to some tried and true rules with final presentations to a focus group to provide feedback. For many of the attorneys attending the workshop, this was their first exposure to a focus group.

Sach auctioning the television for charity!

On November 9, 2011, Sach Oliver of Bailey and Oliver Law Firm spoke at the Rogers/Lowell Chamber of Commerce Business-to-Business luncheon.

Sach spoke to the audience of approximately 60 people about building their own culture within their businesses. Sach used the book written by Tom Hsieh the CEO of Zappos, Inc. Delivering Happiness A Path to Profits, Passion, and Purpose, to give examples of ways to promote customer service and develop a company culture and have fun while working. Sach also talked of trusting people and let them take the lead and the importance of hiring people who are dedicated about their work but also know how to have fun while working.

Sach gave some examples of The Bailey and Oliver Law Firm’s culture. Sach gave the example of building a company library and offering incentives to employees who read the books. A list of favorite books from the Bailey and Oliver Library was shared with the Chamber audience. Sach also talked about the firm’s policy of calling clients and keeping them informed on the progress of their case and to see if there was anything in addition we could assist them with. Each client has their picture taken and become members of quite a large extended family.

During the September meeting, Sach spoke on the importance of safe playgrounds for children. Charity auctioneering is one of the ways that Sach gives back to the community, so on this day, Sach auctioned off a television with the proceeds going to the highest bidder’s charity of choice. Jim Brandon with Prudential Insurance was the highest bidder and he chose CASA of NWA as his charity to receive the proceeds of this auction. A cornerstone of the Bailey and Oliver Law Firm culture is to be active in our area and support a charity of choice.

Bailey and Oliver Law Firm has been the sponsor for the 2011 Business-to-Business luncheon for the Rogers/Lowell Chamber of Commerce.

Law firms must provide general demographic information, and background information on the attorneys and the law firm. Once all of the data is tabulated each firm is scored. 10,968 law firms were eligible and out of those 9,633 firms were selected for ranking in the publication.

This year the speakers will include Bruce Mulkey, of Mulkey Attorneys Group who will speak on deposing the defense expert. Alan Lane, of the Odom Law Firm will discuss the 30 (b) (6) witness. Randy Hall, of the Law Offices of Gary Green will cover the new fire code with Fire Cases 101. Ross Downs, of Downs Law Firm will teach how to build an 18-Wheeler Case for Trial. Bob Lambert, of Roy, Lambert & Lovelace will present the Defense Perspective. Frank Bailey, Sach Oliver and Ryan Scott of Bailey and Oliver Law Firm will discuss various techniques and proven methods for the successful prosecution of cases.

On Thursday 12/8/11 the seminar will be held at the University of Arkansas Global Campus,
Pinnacle Center One, 3300 Market Street, Suite 402, Rogers, AR 72758

On Friday 12/9/11 the seminar will continue at the Bailey and Oliver Office in Bentonville, AR for in-depth hands-on workshop concentrating on case review. This portion of the CLE is open to the first 18 attorneys to register and who have also registered for the seminar on 12/8/11.

Please go to the Arkansas Trial Lawyers Association website to register.