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Automobile Accidents and Cell Phones

Automobile accidents cause of millions of lawsuits, injuries, deaths and tragedy. Years ago, an organization called Mothers Against Drunk Driving (MADD) made a big difference in bringing the dangers of driving under the influence (DUI) to national attention. The resulting crack down on DUI has been credited with saving lives nationwide.

Now, the New York Times is attempting to bring greater attention to the risks of driving while multi-tasking on cell phones and PDAs. On Sunday, the Times commenced a series titled "Driven to Distraction" that chronicles the dangers of cell phone use on the road. As the article notes:

Extensive research shows the dangers of distracted driving. Studies say that drivers using phones are four times as likely to cause a crash as other drivers, and the likelihood that they will crash is equal to that of someone with a .08 percent blood alcohol level, the point at which drivers are generally considered intoxicated. Research also shows that hands-free devices do not eliminate the risks, and may worsen them by suggesting that the behavior is safe.

A 2003 Harvard study estimated that cellphone distractions caused 2,600 traffic deaths every year, and 330,000 accidents that result in moderate or severe injuries.

Further, according to Times reporter Matt Richtel, the U.S. government has even "withheld data on (the) risks of distracted driving:"

In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel. They sought the study based on evidence that such multitasking was a serious and growing threat on America’s roadways. But such an ambitious study never happened. And the researchers’ agency, the National Highway Traffic Safety Administration, decided not to make public hundreds of pages of research and warnings about the use of phones by drivers — in part, officials say, because of concerns about angering Congress.

On Tuesday, the full body of research is being made public for the first time by two consumer advocacy groups, which filed a Freedom of Information Act lawsuit for the documents. The Center for Auto Safety and Public Citizen provided a copy to The New York Times, which is publishing the documents on its Web site. In interviews, the officials who withheld the research offered their fullest explanation to date.

The former head of the highway safety agency said he was urged to withhold the research to avoid antagonizing members of Congress who had warned the agency to stick to its mission of gathering safety data but not to lobby states.

Critics say that rationale and the failure of the Transportation Department, which oversees the highway agency, to more vigorously pursue distracted driving has cost lives and allowed to blossom a culture of behind-the-wheel multitasking.

“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety. The group petitioned for the information after The Los Angeles Times wrote about the research last year. Mother Jones later published additional details.

We are going to continue to follow the Times reporting on cell phones and automobile accidents as well as track automobile accident legal issues.

Visit the National Highway Traffic Safety Administration website for more information.

If you have a legal matter relating to a car accident, you can find an automobile accident lawyer to help.

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How do Whistleblower Lawsuits Work?

Two big whistleblower lawsuits netted the plaintiffs almost $100 Million combined in the past month. What are these David vs. Golliath lawsuits, also called qui-tam, and how might you someday be affected by them?

So called "whistleblower," or "qui-tam" suits are filed under the False Claims Act, a federal law that empowers people to file lawsuits against federal contractors claiming fraud against the government. Successful whistleblowers can receive a portion (often 15-25 percent) of the damages recovered. Thus, whistleblowers can serve to help reduce fraud against the government, ultimately saving taxpayer money. Whistleblowers with insider knowledge of false claims involving health care, military, and other government spending programs have brought suits under the Act for decades.

As reported by the Wall Street Journal's Law Blog, April 2009 has seen two of the biggest whistleblower settlements in history:

A few weeks ago, we blogged on a huge whistleblower settlement involving Northrop Grumman, one in which pocketed the plaintiff/whistleblower nearly $49 million. It was the largest whistleblower — or qui tam — settlement ever involving alleged military-procurement fraud.

Today, we open the papers to news of another whopper of a qui-tam settlement, one which will net the plaintiff/whistleblower about $45 million.

The case involved Quest Diagnostics and its Nichols Institute Diagnostics unit. The pair agreed to pay $302 million to resolve criminal and civil allegations regarding various diagnostic test kits manufactured and sold until 2006, prosecutors said Wednesday. The diagnostic tests allegedly provided inaccurate and unreliable results, prosecutors said. Under the arrangement, the duo will pay $262 million plus interest to resolve the claims. More...

If you know of instances of fraud against the government, you may be able to file and prevail in a whistleblower, or qui-tam case. Remember, in a qui-tam case, as the plaintiff (the person bringing the suit), you can receive a part of the ultimate settlement yourself. This right to share in the settlement has for centuries (qui-tam cases date back hundreds of years through both english common law and the American courts) encouraged citizens to act a watchdogs against fraud, waste and abuse in government contracting.

The first thing to do is to find a lawyer who specializes in whistleblower cases and knows what do to. In most cases, the lawyer will give you a free consultation to help you understand your rights. Thereafter, the lawyer will counsel you on how best to proceed, if at all with your whistleblower action. Many, if not most lawyers who work in whistleblower cases can also help you to understand your rights if you are retaliated against by your employer who may be involved in the subject matter of your case.

Find a whistleblower (qui-tam) lawyer

Attorney Alix Rubin
Entwisle & Cappucci LLP


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