05.14.12
Posted in Personal Injury at 8:51 pm by admin
There has been a lot of talk about distracted driving – I’ve written and spoken about it several times. most of us think of distracted driving when it comes to actually driving the car. In reality, “distracted driving” is anything that takes your mind away from the task of operating your vehicle safely. As a Billings lawyer, I have handled a number of car accident cases where distracted driving caused injury to my clients.
This doesn’t happen often in Montana. We are probably much more aware of the dangers of hypothermia, but this form of distracted driving does happen every year, usually starting in the spring. With our exceptionally warm weather of late, it is probably a good time to call attention to leaving children in cars. Each year, 38 children die in hot cars from hyperthermia. Most are left accidentally by parents or caregivers.
When you hear of people leaving babies behind in the car, it seems unthinkable. What were those people thinking anyway? Unfortunately, its not as much a careless act as something else. The majority of these tragic deaths are the result of something very common: distraction.
Most of these very high body temperature deaths seem to occur from a busy parent multitasking. You may have even done these things before. Take kids to school, run an errand, drop off the baby, and get to work on time are just a few of parental missions. One of the most common errors, the child falls asleep in the rear facing car seat, the parent forgets to drop off the baby and leaves them in the car all day. These deaths are more the result of our multi-tasking lifestyle putting safety and health at risk.
As the parent of four children of my own in Billings, I can not imagine the grief the parents must have after a preventable accident like this.
Here are a few tips to reduce the risk of hyperthermia:
One great way is to put something you need, maybe your cell phone in the back seat floor. This serves a couple of great purposes. You won’t text while its there, and you’ll see your baby when you get out of the car.
Another great idea I’ve heard is to place a teddy bear in the car seat. Whenever the baby is in the seat, the bear goes up front with you. If you have the bear riding shotgun, you’ll remember to check the car seat at your destination.
Child death from accidental hyperthermia is more common in hot weather states like California and Texas, but we have a somewhat recent story of a Montana death. However, the actual number of incidents in which kids are left in cars is likely much larger.
Preventing accidents is another function of my job as a Billings injury lawyer. I’ve written a book, “Your Rights,” on the steps you should take to protect yourself after you have been involved in an accident. You can get the book for free. Our job at Bishop and Heenan is helping people.
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04.22.12
Posted in Car Accident, Personal Injury at 8:51 pm by radioray1025
With spring and summer blooming in Montana, there’s another yearly season we have–road construction season. Road construction workers are very vulnerable to personal injuries from cars and trucks traveling through the work zones. Recently a construction worker was killed in California when a DUI suspect allegedly struck him. The worker was focused on his work with a concrete saw when he was struck by the motorist. The worker was pronounced dead at the scene.
Everyone should be able to do their job without fear of personal injury or death. Montana has traffic laws designed to protect these workers from being injured while doing their job. Still, the burden is on the driver of a car or truck to obey those laws and drive safely in work zones.
The California accident is still under investigation, but it seems driving while under the influence was a major contributor to the accident. DUI enforcement in Montana has been growing. Driving while under the influence of drugs or alcohol can lead to a serious accident. DUI arrests in Billings reportedly tripled over the St. Patrick’s Day holiday. Earlier in March, alcohol is considered a major factor in a single vehicle crash in Missoula that killed two men.
The penalties for DUI are getting more significant as well.
First Offense Montana DUI; 1 day to 6 months jail time; $300 to $1,000 in fines; Drivers license suspension for 6 months
Second Offense Montana DUI; 7 days to 6 months in jail; Up to $1,000 in fines; Drivers license suspension for 1 year
Third Offense Montana DUI; 1 month to 1 year in jail; Up to $1,000 in fines; Drivers license suspension for 1 year
Fourth Offense Montana DUI; 13 months in program or facility; Up to $10,000 in fines; Drivers license suspension for 5 years
With the number of Billings and Montana car accidents related to alcohol abuse, you may have suffered a personal injury in connection with a car accident. At Bishop and Heenan, I want you to know your rights in case of a personal injury accident. Free consultation is only part of what I do as a Billings injury lawyer. My free book, “Your Rights”, can give you a head start on understanding what you might expect in case of an injury. Get the book in an instant download today.
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04.16.12
Posted in Personal Injury at 1:37 pm by radioray1025
Agriculture is the leading business in Montana. With that in mind, its even more important to note 2008 through 2011 Merritt Commodity Trailer Grain Hoppers are being recalled. Personal injuries in agriculture happen without having vehicles on the roads making it more possible for people outside the farm or ranch to be injured. Reports suggest these vehicles may have a conveyor belt that could extend past the rear of the trailer. If so, that’s a violation of federal law for rear impact protection.
The National Highway Traffic Safety Administration said in a release, a crash with one of these conveyors could cause a serious injury or death. According to recall information, the manufacturer of the trailer Davis Equipment Corporation, will correct the problem with the bumper during its recall.
To date there have not been any incidents or personal injuries involving these conveyors. The western region for Merritt is their corporate headquarters in Henderson, Colorado so there is reason to be on the lookout for these trailers.
If you know someone involved in agriculture, you might let them know of this issue. It could help them and maybe even save a life.
Helping people is what we do at Bishop and Heenan. Our goal as Billings injury lawyers is to provide you with excellent representation and even the odds in a disagreement with an insurance company or other party. The free book, “Your Rights,” gives you specific information on what you can expect if you have been injured. Its yours for immediate download, or a call to 406-839-9091.
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03.25.12
Posted in Personal Injury at 10:04 am by admin
The National Highway traffic Safety Administration reviewed crash data on distracted driving. The data suggests distracted driving accidents causing personal injury are up substantially from 2005. The latest research is based on data from 2009.
Almost 1000 people were killed in auto accidents that were related to distracted driving. Before you jump to the conclusion it is primarily young people involved in these accidents, more than 80% involved people who were NOT teens.
Distracted driving hurts people. The number of incidents is on the rise. Billings and many cities across Montana have already restricted cell phone use to hands free devices only. Just because it is legal to use hands free devices does not mean drivers are no longer distracted.
More Personal Injuries from Distracted Driving
Accidents caused by distracted driving in Billings and elsewhere run the gamut from significant personal injury to fatality. If you are injured in a Billings auto accident you believe was caused by a distracted driver, protect yourself and your rights. The quicker you contact counsel, you improve your opportunity to receive just compensation for any personal injuries.
Get free advice from a Billings personal injury lawyer before you do anything else. My free book, “Your Rights,” describes what steps you should take after a personal injury auto accident. Insurance companies are not on your side. They are out to take care of their bottom line first. Prepare for what’s next by getting my book, or call the office at 406-839-9091.
Billings Personal Injury Lawyers Offer Free Help
Most people know that talking or texting on your phone while driving is dangerous. They do it anyway. If you are involved in an auto accident you think might have been caused by distractions, the Bishop and Heenan Law Firm stands ready to help.
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01.28.12
Posted in Personal Injury at 10:25 am by admin
The dangers of icy roads and buses added another chapter with another Montana bus crash Friday night. A bus carrying a high school basketball team ran off Interstate 94 east of Billings Friday night. The Montana Highway Patrol indicated injuries in this incidence were minor with the people hurt in this latest Montana bus accident released from the hospital.
Bus Crash Prescription–Icy Roads + Buses
Icy winter roads and buses or any kind of large vehicle is a prescription for trouble. The recent Montana bus crash near Missoula with a Rimrock Stages bus killed two people and injured many more. Montana law requires operators to have their vehicles under control at all times.
As a Teamster and a truck driver before I became a lawyer, I know how dangerous driving in these conditions can be. I also know how important it is for a driver to slow down and pay maximum attention to prevent bus accident tragedies. It’s very fortunate no one was hurt seriously in Friday night’s Montana school bus crash.
Riding buses should not require you to put your life in someone else’s hands. Dangers, accidents, and even death occur in a split second with these big vehicles.
Liability in Bus Crashes Are Complicated
I practice law because we help people. That’s the specialty of Bishop & Heenan. Bus accidents often cause serious injury. Fortunately it did not in the most recent case. There is a lot of complexity and complication in bus accident cases. Bus crashes are certainly not the fault of the people riding on the bus. Bishop & Heenan Law Firm offers free consultation to any injured person. Montana law provides for you to be put back in the condition you were before this deadly bus accident near Missoula or anyplace else in Montana.
Get a Free Book on Your Rights
I wrote a free book generally outlining Montana injury law and how a personal injury lawyer can help you in these cases. This free book will help you get an overview of what you need to know before you deal with any insurance adjuster. The Bishop & Heenan Law Firm is committed to helping people get back on their feet and our free book will help you get started.
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01.10.12
Posted in Personal Injury at 9:06 pm by admin
Black ice and a speeding bus combined to spell disaster in a Montana bus crash Sunday morning near Missoula. Two people were killed in the bus accident. The bus crash also led to an estimated thirty three injuries with a number of the injured in serious or critical condition.
Excessive Speed Leads to Bus Accident
by inquistr.com
Montana Highway Patrol Sergeant Scott Huffman told Reuters the bus was traveling too fast for the conditions. Although the bus may have been under the maximum limit for the roadway, it was apparently traveling too fast for the dangerous conditions. Billings personal injury lawyer John Heenan is a former big rig driver. Heenan said,”one thing we learn is the rig we drive must be under our control at all times no matter the road conditions.” Montana law requires all motorists to drive at a safe speed for the conditions.
Accidents like this tragic bus accident in western Montana, point out the hidden hazards these big vehicles pose. There are a number of different reasons for bus accidents. Weather is certainly a big factor, but bus driver negligence or unsafe bus equipment are among the most devastating and preventable.
Liability in Bus Crashes Can be Complicated
Bishop & Heenan Law Firm specializes in helping people. Bus accidents often cause serious injury. Liability in these cases can be very complicated and complex. Bus accidents are certainly not the fault of the people riding on the bus. Bishop & Heenan Law Firm offers free consultation to any injured person. Montana law provides for you to be put back in the condition you were before this deadly bus accident near Missoula or anyplace else in Montana.
Free Book on Your Rights After Any Injury Available
We have a free book that outlines what you can expect from Montana injury law and how a personal injury lawyer is on your side in these cases. The Bishop & Heenan Law Firm is committed to helping people get back on their feet and our free book will help you get started.
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01.07.12
Posted in Montana Consumer Law, Personal Injury at 1:56 pm by admin
We’re pleased to announce that effective January 1, 2012, Heenan Law Firm is now Heenan & Bishop Law Firm. John has been joined by his longtime mentors Randy Bishop and Gene Jarussi. Randy and Gene are both well-known and respected trial lawyers in Montana. Both Randy and Gene are past presidents of the Montana Trial Lawyers Association, and have been nominated by their peers as SuperLawyers. John is honored to have such successful lawyers working with him and looks forward to their help in continuing to grow the firm in order to provide the best legal advocacy to their clients. The office and phone number remain the same.
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08.04.11
Posted in Personal Injury, Uncategorized at 7:26 am by admin
As a former truck driver, John knows about the dangers of truck on car collisions. Last night, north of Billings, was a tragic example of what can happen when a car collides with a big truck. Learn more information about truck accidents at www.heenanlawfirm.com
(From Billings Gazette)
Three men died Wednesday night after a fiery three-vehicle wreck on Highway 87 north of Billings. Montana Highway Patrol trooper Gerald Perman said the wreck happened shortly after 8 p.m. when a southbound semitrailer pulling an empty tanker crossed the center line, colliding with a northbound passenger car with Fergus County license plates.
A Jeep Wrangler that was about 45 feet behind the car then collided with the tanker. It wasn’t clear why the semi crossed into the northbound lane, Perman said. The Wrangler caught fire immediately after the collision and nearly exploded, he said.
The two men in the Wrangler, one from Billings and one from South Dakota, both in their early 20s, died at the scene of the crash. The car’s male driver also died at the scene, Perman said. A young woman and an infant who were passengers in the car were taken to Billings hospitals. Details about their injuries weren’t available late Wednesday.
One was taken via St. Vincent Healthcare HELP Flight and one went via American Medical Response ambulance, but it wasn’t immediately clear which patient went on the helicopter and who went by ambulance.
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07.26.11
Posted in Personal Injury, Uncategorized at 9:20 am by admin
Published in NewWest.Net (By Kate Schwab)
The Rocky Mountain states remain among the most dangerous in the nation for workers, according to the AFL-CIO, which tracks job-related deaths.
Montana’s taken the top slot for workplace fatalities in 2010, averaging 10.8 deaths per 100,000 workers. Next up and tied for second are Louisiana and North Dakota at 7.2, followed by Wyoming in fourth at 6.8.
Workplace injuries cost Montana businesses roughly $145 million annually, according to SafeMT, a workplace safety site operated by the Montana State Fund. As the state’s official workers compensation insurance option, SafeMT offers industry-specific hazard data and tips to help companies come up with a plan for their own in-house safety programs.
A calculator on the SafeMT website estimates the state has actually lost $373 million because of on-the-job injuries in the past two and a half years.
What’s not so clear is the cause. Montana is home to a significant number of traditionally risky industries, including logging, mining and agriculture. Nationally, agriculture is considered the most dangerous industry; hazards include uncooperative livestock, all-terrain vehicles, heavy equipment and chemical exposure combined with working in remote and rugged areas. But the state says the data show a problem with worker safety across the board.
Young workers ages 16 to 24 tend to be the ones to get hurt. They’re key players in the retail, food service, construction and ranching industries. Nearly 1,000 Montana workers under 25 are injured on the job every year. And most of them are injured within a month of starting a new job. Inexperience, lack of familiarity with the equipment, inadequate supervision, drowsiness from balancing employment and educational obligations and personal pride are all culprits.
State law requires businesses to provide a new-hire orientation program that covers safety considerations before employees begin work. Companies are supposed to provide refresher courses on a routine basis, as well as assess potential hazards and review safety procedures at least once a year. And employers with more than five employees must not only investigate accidents, but also establish a safety committee that convenes a minimum of three times a year.
Lack of accountability may be one factor affecting not only the region, but also the nation. Since 1970, the federal Occupational Safety and Health Administration has been responsible for establishing and enforcing job site safety and health standards for American workers. (A separate agency, MSHA, governs mining.) Calling the present level of OSHA oversight “woefully inadequate,” the AFL-CIO report noted that only 2,218 OSHA inspectors, including both federal and state employees, are available to keep watch on 8 million businesses nationwide. That equates to one inspector for every 57,984 workers. Most businesses cannot be inspected routinely with that level of manpower; the report claims federal inspectors get around to the average business once every 129 years, and state inspectors average about half that time.
Nationwide, flagrant safety violations by companies themselves rose by 15.3 percent in the past five years, but “serious violations” are tracking at a higher rate—22.1 percent—and incidents chalked up as “willful violations” have skyrocketed to 217.1 percent. Citations are most commonly given for issues related to scaffolding, ladders, machine guards, falls, electrical wiring, tagout procedures, trucks, hazard communication and respiratory safety.
OSHA employees investigated 804 deaths and performed 40,993 inspections last year, according to the agency’s annual report.
If you or a loved one is involved in a workplace injury in Montana, including a mine or oilfield, contact Heenan Law Firm to receive a free copy of John Heenan’s new book “Your Rights: The Ultimate Guide to Injury Victim’s Rights in Montana” www.heenanlawfirm.com
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07.12.11
Posted in Personal Injury at 8:20 pm by admin
VIDEO: John Heenan discusses how landowners should document oil spill damages
The recent Yellowstone River oil spill can harm the environment, economy and communities where the spill occurred. The most common problems landowners face are health problems and damages to their land.
Crude oil is toxic to humans. Recent news reports have shared stories of Laurel residents near the Yellowstone River who had to leave their homes because they were sickened by the fumes. The Associated Press reports that some Montana residents have reported symptoms ranging from shortness of breath to fainting spells linked to exposure to petroleum-based chemicals.
Other long-term dangers from exposure to petroleum can include
- Peripheral neuropathy:damage to the nerves of the peripheral nervous system causing numbness, tingling, and loss of coordination.
- If pregnant women exposed to petroleum-based compounds, the developing fetus is at risk of physical deformities, slowed growth, and developmental delays.
- Cancer: the International Agency for Research on Cancer lists the petroleum compound benzene as a human carcinogen.
- Circulatory and respiratory damage.
Beyond the impact to human health, an oil spill damages property and, potentially, property values. In Montana, landowners are entitled to the costs of cleaning up their property. As anyone living near an environmental disaster can tell you, odors and pollution damage property values as well as property. You do not have to simply accept what Exxon is willing to pay you. At Heenan Law Firm, we are personally reviewing the claims of Montana property owners affected by the Yellowstone River oil spill.
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