• If you, family member or someone you know is involve with a semi truck or commercial truck, you should seek medical attention immediately if needed. Never leave the scene of the accident, or admit fault if this can be avoided. If there has been a serious injury, family members are welcome to call, we will coordinate investigators, or legal resources, and anything else needed.

• If possible, the victim of a passenger vehicle involved in a semi truck accident should take photographs of the crash site, along with other the vehicles, that might have been involved.

• Never sign anything under pressure, and never make a statement to the other party, or their insurer without an attorney present. Also, do not sell or dispose of the vehicle that was involved in the crash. Be sure to collect and preserve all evidence, and collect the contact numbers of any witnesses-if possible

Instead, he was spotted on Interstate 635 in Dallas County, Texas yesterday, pulling a man out of a burning truck.  He then directed traffic around the burning wreckage of the two-car collision.

Margie Culberson, who witnessed this superman Santa, told ABC affiliate WFAA-TV:  ”It must have just happened,” while taking photos with her iPhone. “It was a fireball and a lot of black smoke.”

In typical Santa fashion, the police have no record of the superman Santa.  He was discovered by WFAA-TV to be Brad Luddeke, a former volunteer firefighter from Arlington, Texas.

Luddeke was on his way to deliver toys to families in need, dressed in a Santa costume, which he does annually.

As timing would have it, Luddeke reached the car crash in time.  ”As soon as I grabbed his jacket and pulled him away, I said, ‘Your car’s on fire,’” Luddeke told WFAA. “We turned to leave, and I guess the battery exploded. And that’s when everything went up.”

Luddeke is no stranger to the tragedy and loss that can occur with car accidents; he lost his teenage son seven years ago in a single-vehicle accident.  This tragedy changed his life and altered his future.  He knows how it only takes one person at the right time to save someone, and that kindness and love are what this season is all about.

But what about Christmas gifts, feeding the reindeer, and checking the sleigh?

“Santa won’t be late this year kids,” Luddeke told WFFA. “Santa was just helping out when needed.”

Just make sure you leave him a few extra cookies this year.

They said the university employees who declined to report the incidents to the police put countless more children at risk of being abused by Jerry Sandusky, a longtime assistant coach who has been charged with sexually abusing eight boys over a 15-year span, including during his time at Penn State.

Police commissioner Frank Noonan, who spent more than 30 years with the FBI and the attorney general's office, said the nature of the alleged incidents was unprecedented in his experience.

Even after Sandusky "made admissions about inappropriate contact in the shower room" in 1998 to the Penn State campus police, "nothing happened," Noonan said. "Nothing stopped."

He said janitors witnessed a sex act in the football facility's showers two years later, and still "nothing changed, nothing stopped," because the janitors feared for their jobs and did not report the incident.

Then, in 2002, according to prosecutors, another sex act involving Sandusky and a young boy was witnessed by a Penn State graduate assistant coach, who reported it to coach Joe Paterno - yet the police still were not contacted.

"That's very unusual," Noonan said Monday at a news conference at the Capitol in Harrisburg, where he and Attorney General Linda Kelly summarized the cases against Sandusky and the university officials.

"I don't think I've ever been associated with a case where that type of eyewitness identification of sex acts took place where the police weren't called. I don't think I've ever seen something like that before."

Through his lawyer, Sandusky has maintained his innocence.

Two Penn State officials charged with perjury in their grand jury testimony and with failing to report the suspected sexual abuse surrendered Monday, a day after they stepped down from their positions.

The officials - athletic director Tim Curley, 57, and Gary Schultz, 62, the vice president of business and finance who oversaw the university police - were not required to enter a plea Monday. They have denied any wrongdoing, and their lawyers are expected to seek to have the charges dismissed.

"I think you have the moral responsibility," Noonan said. "Anyone - not whether you're a football coach or a university president or the guy sweeping the building - I think you have a moral responsibility to call us."

Kelly said Paterno had cooperated with investigators and fulfilled his legal obligation to pass the information to a superior when the graduate assistant told him in 2002 about an incident involving Sandusky that he had witnessed in the football facility's showers.

Paterno is not considered a target of the investigation at this point, Kelly said.

After the graduate assistant told Paterno, Curley and Schultz about what he had seen, Curley briefed the university president, according to the grand jury report. No one at the university alerted police or pursued the matter to determine the well-being of the child involved.

Kelly said Monday that the identity of that child remains unknown.

"Those officials and administrators to whom it was reported did not report that incident to law enforcement or to any child protective agency," Kelly said. "Their inaction, likely, allowed a child predator to continue to victimize children for many, many years."

According to prosecutors, Sandusky preyed on young boys he met through a charity he founded years earlier, The Second Mile, which was designed to help disadvantaged boys. The charity released a statement Monday that said Curley had told the organization's CEO in 2002 about the report from the graduate assistant but that the matter had been reviewed internally and no wrongdoing was found.

"At no time was The Second Mile made aware of the very serious allegations contained in the grand jury report," the statement said.

The grand jury report has no mention of an internal review of the incident by Penn State.

According to prosecutors, Penn State could have halted the abuse in 1998, when Sandusky was an assistant for Paterno.

A mother of an 11-year-old boy whom Sandusky had befriended at his charity reported to the campus police that her son had been touched and held by Sandusky in a shower at the football facility.

Prosecutors said an investigation, which grew to allegations about a second young child being similarly touched by Sandusky in a shower, was carried out by the campus police.

When asked whether Paterno or the university president, Graham Spanier, were aware in 1998 of the investigation, Kelly said, "All I can say was that investigation was handled by Penn State University's police department."

Gerald Lauro investigated the 1998 allegation for child protective services. He said Monday that he did not find enough evidence of sexual assault to determine that the charge was founded.

Source: http://www.mysanantonio.com/news/article/Police-Rebuke-Penn-State-Officials-In-Sexual-2257528.php#ixzz1d9rQTVFp

"This state and others are moving more to Medicaid HMOs, with Texas extending them into rural counties in the next few years," Baumgarten said this week. He expects 2 million to 3 million Texans to become eligible for Medicaid under provisions of last year's healthcare overhaul, so for Medicaid HMOs, "the business opportunities are huge."

Serving the Medicaid and Medicare HMO markets has been profitable. According to Baumgarten's analysis, Texas HMOs in 2010 reported $404 million in net profit on $12.4 billion in total revenue. Medicare Advantage plans accounted for about three-fourths of those earnings.

Baumgarten's study also looked at hospital performance in 2009, and both for-profit and nonprofit organizations were doing well financially, although active expansion could be getting ahead of patient growth, he said.

North Texas hospitals had a total of $1.3 billion in net profit in 2009, or 9.1 percent of their net patient revenue, Baumgarten calculates. That margin is about the same as in 2008 and is down from 10 percent in 2007, but both figures are "near the top" of what hospitals generally earn.

Those earnings, or surpluses at nonprofit hospitals, have supported considerable expansion. Baumgarten said North Texas hospitals added enough new beds in 2005-09 to accommodate 12.1 percent more patients, compared with 6.9 growth in the Houston area in that time.

But new capacity outstripped demand in both markets. Baumgarten said inpatient days -- the number of days spent in the hospital by patients admitted for at least 24 hours -- grew by 9.6 percent in North Texas and 4.9 percent in Houston, where inpatient days actually declined in 2009.

"I think there's a risk of overbuilding," Baumgarten said. "New construction has a cost, and somebody's got to pay for that."

While hospitals anticipate steady growth in population and reimbursements to pay for expansion, there are some risks. The recession reduced consumers' use of medical benefits, and high-deductible insurance plans, which employers increasingly offer, "really change patient behavior," he said.

Source: http://www.star-telegram.com/2011/10/27/3479626/hmos-are-back-by-focusing-on-medicare.html#ixzz1c5cu4d37

The couple established The Remember Alex Brown Foundation to honor their daughter's memory by educating others about the dangers of texting while driving. The couple and their youngest daughter, Katrina, travel the country at their own expense, warning about the dangers of texting while driving.

"We want to make people realize how dangerous cell phones can be... and how valuable each one of you are," said Jeanne Brown. That message was repeated throughout the one-hour assembly.

Nick Bartley, a senior at Alexander High School, invited the family to the area for his senior project on the dangers of texting.

"Your life is far more important than a text from a cell phone...don't do what our daughter did," pleaded Mrs. Brown to the hushed crowd of students in the school's gym.

"You are all here for a purpose, not by accident... please be safe and be able to experience your future," said Mrs. Brown.

Driving while texting is the same as driving drunk. "You are four times as likely to wreck if you are drunk or while using your cell phone," said Mrs. Brown.

She told the WCHS student body that 11 teenagers a day are killed in a car accident because of texting while driving.

"Texting is just not worth it. Your brain is either going to focus on the road or texting... not both," said Mrs. Brown.

Her husband described their oldest daughter as "a good kid who made good choices in the big things, but not in the small things and it took her life."

Brown told students that "teens are more likely to wreck... but I hope it is a fender bender." He acknowledged to students that it was harder from them not to text than adults because they have been doing it so long.

"When I was your age, there weren't any cell phones. I know you get busy and caught up...it's an instinct to pick up the phone and see who has texted.

"But there is nothing in that phone that is more important than you... the reality of texting can be dying," said Brown.

The Browns' youngest daughter, Katrina, poignantly described the day her sister was killed and how it has affected her since.

"I never thought of Alex dying," said Katrina. "She was so full of life... we are supposed to be fighting over who's using the bathroom mirror now, not missing her.

"My oldest sister is dead, because of a text. Don't text and drive. Your influence on people is more important than you think... your family and your school will suffer and be shaken," said Katrina.

"You may think your decision to text will only affect you, but it can just about destroy your family," said Mrs. Brown.

She urged students to sign a pledge, sponsored by The Remember Alex Brown Foundation, to drive safely, not text while driving and to wear a seatbelt. Students were given the pledge after the assembly.

The Browns asked students to tell their parents about the dangers of texting and driving and ask them not to text while driving also.

The Browns urged students to use cell phone applications which can stop text messages while they are driving.

The Phoneguard app uses the phones internal GPS system to determine how fast the phone is moving and it disables the texting, email and keyboard functions of the phone when it detects speeds over 10 mph.

The app can also be set up to notify a parent when a vehicle is moving at an unsafe speed by sending a notification to another device. Another feature is TimeOut mode that determines when a child can send or receive text messages, email and surf the web.

TextTogle is developed with the primary intent of intercepting text messages while driving and immediately replying to the sender with a pre-configured or personalized message. Thirty percent of all profits from the app go to The Remember Alex Brown Foundation.

The Wellmans were surrounded by students following their talk Thursday. The family will also be at schools in Hickory and Taylorville this week. They have been featured on "America's Makeover-Home Edition."

They have also teamed up with former Wilkes resident Allen Finley in an advertising campaign on the dangers of texting while driving. The theme is "Text and Drive Killer Idea." Billboards have been placed in the Hickory area with that theme and bumper stickers are being distributed with that slogan.

Source: http://www.journalpatriot.com/news/article_e18d0836-f10b-11e0-8882-001a4bcf6878.html

Jessica Lopez says her strategy for installing her children's car seats was follow the instructions on the seat and then pray for the best.

Another woman told CHANNEL 5 NEWS the burden falls on the parents. "You know like the accident like you said there's no turning back and a child doesn't know any better. It's the mother's responsibility," she said.

Harlingen police have been checking cars seats at an event this week. They say some seats needed to be replaced, because they had been recalled, while others just wiggled around too much. That is the dilemma parents face while installing the seats. Too tight can be as bad as too loose.

The state has clear guidelines on who must use car safety seats. Children under the age of eight or those under 4 feet 9 inches tall must be in a safety seat.

A worried parent can call local police departments or DPS offices to have a child safety seat check to make sure everything is installed and working properly.

Source: http://www.krgv.com/content/news/story/Troopers-Say-Majority-Of-Child-Car-Seats/48G8oK1iyUyAyI3kK9i2Pw.cspx

But in the 11 years the Republican presidential hopeful has been in office, working Texans increasingly have been priced out of private healthcare while the state's safety net has withered, leaving millions of state residents without medical care.

"Texas just hasn't proven it can run a health system," said Dr. C. Bruce Malone III, an orthopedic surgeon and president of the historically conservative Texas Medical Assn.

More than a quarter of Texans lack health insurance, the highest rate in the nation, placing a crushing burden on hospitals and doctors who treat patients unable to pay.

Those costs are passed to the insured. Insurance premiums have risen more quickly in Texas than they have nationally over the last seven years. And when compared with incomes, insurance in Texas is less affordable than in every state but Mississippi, according to the nonprofit Commonwealth Fund.

That has taken a toll, as nearly a third of the state's children did not receive an annual physical and a teeth cleaning in 2007, placing Texas 40th in a state ranking by the fund. Over the last decade, infant mortality rates have risen in Texas while declining nationwide, according to the Centers for Disease Control and Prevention.

Seniors, despite guaranteed Medicare coverage, also are suffering, as nearly 1 in 5 ends up back in the hospital within a month of being released, one of the highest readmission rates in the country and a leading indicator of systemwide problems.

Similar healthcare dynamics drove Obama's push for a national overhaul. In Texas, however, elected officials have done little to address the growing crisis, local health leaders say.

"The philosophy has been the less public expenditure, the better," said Dr. Kenneth Shine, who heads the University of Texas health system. "And some people will just have to make do."

For those who can get it, medical care in Texas can compete with the best in the nation. The state is home to internationally renowned medical and research centers.

Perry promotes the state as a model for a private-sector healthcare solution. Low taxes and limited government, he and his allies say, lure businesses that can offer private insurance and empower working people to make their own healthcare choices.

"The governor's primary goal is to create an environment that encourages job creation and provides an environment of independence rather than dependence," said spokeswoman Catherine Frazier. "Texas does provide an adequate safety net to those truly in need ... and many individuals simply choose not to purchase healthcare coverage."

Frazier pointed to several initiatives, including medical malpractice limits and a year-old program to subsidize insurance for small businesses. As of August, the program had insured 4,266 people.

But across Texas, health coverage - and health - are eroding even in places where jobs are plentiful.

In San Angelo, a growing city in the cotton and sorghum fields of West Texas not far from where Perry was raised, unemployment is just 7.2%, lower than it is statewide and nationally. But the waiting room at the federally subsidized Esperanza Clinic is filled every day with working people who have no insurance.

Connie Villarreal, who works the night shift at a home for disabled adults, said she scraped enough together to get coverage for her diabetes. But she brought her uninsured 13-year-old daughter to the clinic for a state-mandated physical so she could play soccer this fall.

Buying family coverage wasn't an option, Villarreal said. "It'd be most of my paycheck, so we've been winging it." Villarreal just went to court to force her daughter's father to pick up the tab to get the teenager insurance.

Three-quarters of Esperanza's patients have jobs, said clinic Chief Executive Mike Campbell. But because many businesses don't offer health benefits, demand at the clinic is skyrocketing. Esperanza saw 13,000 patients last year, up from 11,000 the year before. "We are at the breaking point," Campbell said.

At Shannon Medical Center, San Angelo's largest hospital, 30% of patients coming to the ER lack coverage, close to twice the national rate.

And at the San Jacinto Elementary School clinic, exam rooms fill up with the children of working parents who don't have insurance or a regular doctor.

While some of those seeking care are undocumented immigrants, just a sixth of the uninsured in Texas are in the state illegally, according to the nonprofit Center for Public Policy Priorities. "The reality is that is not the big number," said Republican state Rep. John Zerwas.

For years, healthcare leaders here have urged elected officials to act. A 2006 task force of doctors, academic leaders and business executives warned of a "problem of epidemic proportions" that threatened "the economic vitality and health of Texas."

Perry enacted a major overhaul of the medical malpractice system, which helped doctors stay in practice. "We now have much better access to care," said Dr. William Hinchey, past president of the Texas Medical Assn.

But Texas still has among the fewest physicians per capita in the country, according to census data.

This year, the governor and state Legislature slashed funding to train physicians to less than half of what it was a decade ago. Another initiative highlighted by Perry's office to aid community health centers was also cut.

That came atop $800 million in cuts to hospitals and other medical providers that serve poor children, pregnant women and others who rely on Medicaid.

Even before that move, Texas had one of the slimmest Medicaid and Children's Health Insurance Programs in the country, spending less per enrollee than 41 other states and the District of Columbia, according the nonprofit Kaiser Family Foundation.

"The question seems to be how little can we fund and still have a system," said Dr. Jane Rider, a past president of the Texas Pediatric Society. "I always thought they would wake up and see, if nothing else, they need a healthy, educated workforce.... Instead, it seems like we're leading the way into a downward spiral."

Source: http://www.latimes.com/health/healthcare/la-na-perry-healthcare-20110908,0,5515472.story

Those new laws -- along with the state budget, which includes billions of dollars in cuts -- are among the hundreds that go into effect Thursday. More than 1,400 new laws were passed this year, nearly half of which go into effect Sept. 1, the beginning of the fiscal year.

"These laws are a lot of small things that might add up to be something big," said Brandon Rottinghaus, assistant political science professor at the University of Houston. "You have a fairly conservative agenda that manifested in the grouping of these laws.

"Collectively, people may feel a trend toward more conservative governing," he said. "Among the bigger things, the general scope of the budget and the major issue -- the need to cut billions of dollars and the way in which it was cut -- shows a distinctly conservative stamp on the Legislature."

A sampling of some of the new laws that go into effect Thursday:

Budget

Facing a multibillion-dollar shortfall, legislators passed a $172.3 billion budget for the next two years that whittled more than $15 billion from state spending in areas such as public schools, higher education and social services. Critics say that cuts went too deep and that bookkeeping maneuvers, such as delaying certain state payments, were used to balance the budget. Supporters say lawmakers passed a conservative budget that answered taxpayer demands to reverse government growth. House Bill 1

'Sexting'

Minors who like sexting -- sending sexually explicit pictures or messages, generally from one cellphone to another -- better watch out. Until now, such cases were dropped or prosecuted under adult pornography laws. Starting Thursday, youths can be charged with a misdemeanor, which can lead to jail time with repeated offenses. Convicts will have to take a state-sponsored class about the dangers of sexting with one of their parents. However, the conviction may be removed from a youth's record at age 18. "Here's the message to parents: Pay attention to this new technology," said state Sen. Kirk Watson, D-Austin, who carried the bill. "Pay attention to your kids. Know what it is they're doing with regard to text messages, sending images and that sort of thing, and take the time to talk to them." Senate Bill 407

Guns

Under a new law, most employers will no longer be able to prevent employees who legally own guns and ammo from storing them in locked private vehicles parked in company parking lots during business hours. There are a few exceptions, such as school and federal building parking lots. And the law only allows guns and ammunition to be stored in parking lots, garages and other parking areas provided to employees, not inside businesses. SB321

Speed limits

Texas motorists no longer have to worry about slowing down at sundown, now that the state won't have separate speed limits for day and night driving. The black nighttime speed limit signs that required motorists to drive 5 mph slower at night will start coming down Thursday, but officials say it will take months to remove all of them. Officials say uniform speeds during the day and night can cut down on problems such as motorists tailgating and changing lanes to pass -- actions that factor in some accidents. New laws also let transportation officials raise limits to 75 mph in some remote areas, none of which are in Tarrant County. HB1353

'Romeo and Juliet'

This law is intended to spare teenagers and young adults who have consensual sex from being labeled sex offenders. It prevents a young defendant from having to register as a sex offender if he or she had consensual sex with someone age 15 or older and if there is less than a four-year age gap between the couple. SB198

Respectful language

Over time, the term mental retardation will be weeded out of state statutes and usage, as officials say it can be hurtful and offensive to those with developmental and intellectual disabilities. "There is a stigma associated with the r-word," said state Rep. Vicki Truitt, R-Keller, who carried the bill. "It costs nothing to adopt verbiage in state statutes to reflect the fact that we recognize individuals and their uniqueness, without using offensive terms to categorize and label these good Texans." HB1481

Homestead exemption

Starting Thursday, Texas homeowners who apply for a homestead exemption on their primary residence must show identification, mainly a driver's license or ID card, and a copy of their vehicle registration receipt. The address on the ID and receipt must match the residence's address. Those without vehicles may submit a notarized affidavit certifying that they don't have a vehicle and a current utility bill that bears the name and address that is on the homestead exemption application. State officials say they hope to cut down on fraudulent exemption claims, such as those by people who own vacation homes in Texas. "Right now, residents of other states can claim the homestead exemption even if they only come to Texas one weekend out of the year," said state Rep. Harvey Hilderbran, R-Kerrville. HB252

Radioactive waste

Low-level radioactive waste generated in foreign countries will not be shipped to Texas, but similar waste generated in dozens of U.S. states may be shipped to the Waste Control Specialists site in Andrews County, which is owned by Dallas billionaire Harold Simmons. SB1504

Innocence Project

A package of bills proposed by the Innocence Project of Texas will go onto the books. They include: overhauling eyewitness practices by law enforcement; ensuring the testing of DNA evidence that can prove a person's innocence; and creating uniform standards for the collection, retention and storage of biological evidence. Cory Session, brother of Tim Cole of Fort Worth, who died while in prison for a crime he didn't commit, is now the policy director for the Innocence Project and supported these bills. HB215, SB122, SB1616

Driver's ed

Driver's education instructors will have to undergo background checks, and the Texas Education Agency may revoke licenses given to people who have been convicted of certain felonies, such as sex offenses. HB2678

Missing Texans

Statewide Amber Alerts can be used to call attention to missing adults with diagnosed intellectual developmental disabilities, in addition to alerting the public about abducted children. HB1075

Boating

Texas boaters born on or after Sept. 1, 1993, must complete a boater safety education course. This is a new effort by lawmakers to phase in more safety requirements for users of the 600,000 registered boats in the state. Boaters must keep with them a valid ID and documents showing that they passed a boater education course. The new law also says those operating a motorboat with a motor above 15 horsepower must be at least 13 or supervised by someone older than 18 who can legally operate the boat and is on board. HB1395

Rape kits

Law enforcement officers will have to test biological evidence collected from sexual assaults more quickly. They now must give evidence to a crime lab within 30 days of collection for testing or test it themselves. "This bill will give victims of sexual assault some peace of mind, knowing that these evidence kits will not just sit on a shelf collecting dust," said state Sen. Wendy Davis, D-Fort Worth, who carried the bill in the Senate. SB1636

Day care

This bill was passed in the memory of Nathan King, who died after day-care workers gave him medication that his parents had not approved. Under this bill, day-care workers need written parental permission to give medicine to a child or face prosecution. HB1615

Domestic violence

Protective orders will now cover not only the human victims but also their pets. Victims have said this is important because they often have to leave pets behind when fleeing violence and their abusers may threaten to kill or injure the pet. SB279

'Noodling'

Texans will be able to use their bare hands to catch catfish, using their fingers as bait, officially legalizing "noodling." State-issued fishing licenses and freshwater fishing stamps are required. HB2189

Loser pays

The goal of creating a "loser pays" system aims to cut down on frivolous lawsuits in Texas, potentially making the court system more affordable for all Texans to use. The bill calls for some plaintiffs who sue and lose to pay not just the court costs, but also the legal fees, of those they are suing. HB274

"Generally, the new laws reflect a conservative point of view," said Allan Saxe, an associate professor of government at the University of Texas at Arlington. "However, the biggest impact was the budget cuts that still were not nearly as profound as some believed they would be a year ago."

Online: governor.state.tx.us/news/bills

"Loser pay" is advertised as a way to ensure people who file "junk lawsuits" are penalized for bringing the unnecessary litigation. In reality, "loser pay" laws are a way to dissuade victims from actually bringing a medical malpractice lawsuit. How? Well, if you're a victim who has racked up thousands of dollars in medical bills or been out of work for a while because of the injury, the prospect of having to pay for the doctor's legal bills if they lose is daunting. Loser pay is against the basic underpinnings of the Seventh Amendment right to a jury trial for torts.

What's even more frustrating about Gov. Perry's stance of tort reform is the fact that he inaccurately boasts about the improved "climate" for doctors in Texas after his reckless tort reform laws went into effect. He declares that over 20,000 doctors came to Texas because of the new tort laws. This was proven to be completely false by Politifact.

The truth is that tort reform is not designed to actually improve the health care "climate", since patients are inexorably included in that climate. Tort reform exclusively benefits the health insurance industry and negligent doctors who are willing to do anything to avoid liability. It's time politicians proclaiming their love of tort reform be honest about what it's really all about.

"It's a difficult subject," DeVito said on Friday, sitting in the library of the Stamford Senior Center in the Government Center on Washington Boulevard. "I was always a very strong person, and a careful person. If I knew I was going to kill myself I wouldn't drive."

DeVito and his daughters are part of a long-standing quandary plaguing policy makers, law enforcement agencies and families alike -- how do authorities keep unsafe elderly drivers off the road without infringing their rights and access to transportation? The question burst into the spotlight this week when a 92-year-old driver plowed into a crowded Summer Street cafe during lunchtime on Monday, injuring 10 patrons as his car barreled through the glass storefront and came to rest 20 feet inside the eatery.

Before smashing through the cafe, the Honda Civic hit a pregnant woman and a friend sitting outside. The pregnant woman broke her leg, while her friend broke her pelvis and needs weeks of rehabilitation. The driver, Stamford resident Samuel Leighton, was not injured.

Stamford police said it appeared Leighton mistook the gas pedal for the brake when he was trying to park in a handicapped space in front of Cafe Oo La La. Leighton, whose license was revoked by police, told The Advocate he could not remember the accident.

"An accident such as the one that took place this week is the type of thing that may bring it to people's attention," said state Rep. Gerry Fox, D-Stamford, the co-chair of the Judiciary Committee and a member of the Transportation Committee of the state General Assembly.

Two other senior citizens were killed this week in separate accidents on Route 7. In the most recent, Frank Johnson, a 71-year-old Norwalk man, died this Friday when his Volkswagen strayed into the path of an oncoming dump truck. This Monday, Merle Singer, a 71-year-old from Mesquite, Texas, died after a station wagon she was riding in collided with a dump truck. The 91-year-old driver turned left onto Route 7 and pulled the station wagon directly in front of the truck.

Nationwide, older drivers get into more fatal accident than teenagers. Drivers older than 65 years old were involved in 12 percent of the 45,230 fatal accidents reported nationwide in 2009, according to the National Highway Traffic Safety Administration. In Connecticut, older drivers were involved in 27 of the 300 fatal accidents reported that year amounting to 9 percent of all fatal accidents. Fox said Connecticut lawmakers last broached the subject of introducing safety measures for elderly drivers a few years ago during an overhaul of the state's teenage driving laws. He said the issue may be something lawmakers should consider in the next legislative session this February.

"The overriding factor is safety, not only for people who are operating vehicles but for those on the roads and sidewalks, and this instance in the cafe," Fox said. "So if we can do something that will further enhance safety, then I think we need to look into it."

Fox said lawmakers must still protect the rights of the state's aging population.

"People age differently, so I don't know if you can use a black-line test to determine whether people can drive," he said.

DeVito said he would support an individualized approach to testing for elderly drivers. Some of his peers have no problems.

"I guess that's the only way," he said. "How else can you tell? You have to check your reflexes."

The Connecticut Department of Motor Vehicles requires drivers 65 and older to renew their licenses in person every two years.

According to a 2007 legislative report, Connecticut is among eight states that do not require vision tests when drivers renew their licenses.

Stamford police Sgt. Andrew Gallagher, the supervisor of the department's Collision Analysis and Reconstruction Squad, said he and his officers revoke a driver's license about twice a month. Sometimes it's a motor vehicle stop with a confused driver, other times it's an accident or collision caused by medical problems.

After officers revoke a driver's license because of medical concerns the state DMV requires the driver to have their physician fill out an evaluation of their ability to operate vehicles, Gallagher said. The revocations are then reviewed by the DMV's Medical Advisory Board, which makes the final determination whether to suspend or permanently revoke a license based on the driver's medical history.

"A lot of times it causes a serious discussion between the doctor and the driver," Gallagher said. "The doctor is putting his reputation on the line."

In addition to conducting driver safety courses with the AARP, Gallagher said his unit is known to make house calls. Family members ask the officer to help them discuss their concerns with an older relatives' ability to drive. Attempts at taking away the car key from older relatives can turn contentious, and some opt to have an authority figure sit in on the talks.

"People are caught off guard that a police officer is addressing them," Gallagher said of the talks. "Most people think they are doing just fine."

Greenwich criminal defense attorney Philip Russell works on a handful of license revocations each year. The revocations are a wake-up call for some clients.

"Very often it is a life-saving intervention," Russel said. "Especially involving a situation with a person living alone where there is no other early warning system."

Without his car DeVito would be housebound. His wife died 10 years ago, so DeVito lives alone in an apartment his daughter bought for him. Driving means independence for DeVito, a regular at the Senior Center. Still, if his health wanes he would volunteer to hang up his car keys, he maintained.

"My daughters keep telling me I shouldn't drive," he said. "I'm being honest and I feel that my reflexes are good."

DeVito doesn't want to use services such as Dial-A-Ride. He said the wait is too long. Jennifer Millea, the spokeswoman for AARP Connecticut, said the state budget problems are affecting the transportation options for seniors who live in suburbs and rural areas that lack public transportation.

"In some respects we are going backwards instead of forwards," she said.

Millea said the AARP believes that senior drivers shouldn't be targeted alone for vision testing and other safety precautions. If the state wants to pursue those options they should be implemented for all age groups, she said.

"There really isn't a silver-bullet solution," Millea said. "There has to be this holistic approach. If these people are not able to drive how are they going to be able to avoid isolation and get where they need to go?"

All main lanes of I-45 North were closed overnight after the hydraulic lifter mysteriously raised the trailer as the truck hauling gravel headed northbound, causing it to crash into the green exit signs, KHOUS 11 News reported.

No one was hurt in the accident, which happened around 5:30 p.m. The road didn't reopen to traffic until Wednesday morning.

The cab of the truck was separated from the trailer and came to a stop farther down the Interstate, while hydraulic fluid spilled all over the freeway.

The trailer was hauled away around 9 p.m. Tuesday, then Texas Department of Transportation workers used two 150-foot cranes to take down the entire exit sign.

The Houston Police Department truck enforcement division is still investigating the crash, the Houston Chronicle reported. The driver is not thought to have been intoxicated.

"We don't know if it's mechanical failure or human error," Houston Police Department Capt. Charles Vazquez said.

Police said the driver will be issued at least one citation and could be held responsible for the cost of damage to the freeway, which the Texas DOT estimates cost up to $100,000, the Chronicle reported.

Drivers stuck in traffic said they were shocked by the wreck.

"Wow, that's wild. I can't believe it," Ronald Green told KHOUS 11 News. "I don't know how he did it, but he did it."

Source: http://www.nydailynews.com

One study of data on Medicare spending in Texas for years following the enactment of the law shows the following: "Not only has per person Medicare spending in Texas continued to exceed the national average, the data also show that such spending rose at nearly twice the national average (15.1% versus 8.7%) in the four years since the medical liability reform legislation was passed. Furthermore, before such 'cost-saving' legislation went into effect, per person Medicare reimbursement rates in Texas were the tenth highest in the nation. In 2007, reimbursement rates in Texas had risen to the second highest. None of this is resounding evidence that tort reform has been successful in controlling health care costs."

And a new review by the Dallas Morning News shows that since the medmal law was enacted in 2003, family and single health insurance premiums rose by 51 and 45 percent, respectively, roughly equal to the increase nationwide. Even the President of the Texas Medical Association, the doctors' lobby in Texas, admitted, "(W)e haven't seen the overall cost of medical care go down."

The Dallas Morning News review showed that medical malpractice insurance premiums for doctors in Texas have decreased since the law was enacted. But that's been a nationwide phenomenon, according to Congressional testimony by Joanne Doroshow of the Center for Justice and Democracy in January. Moreover, as she pointed out, "Premiums have dropped irrespective of whether 'tort reforms' were enacted in any particular state, such as Texas. States with little or no restrictions on patients' legal rights have experienced the same level of liability insurance rate changes as those states that enacted severe restrictions on patients' rights." So the drop in Texas medmal insurance premiums isn't necessarily attributable to the enactment of the medmal law. And in any event, the patients haven't seen any benefit from that reduction. My thanks go to Mary Alice McLarty of the McLarty Pope law firm in Dallas for sending me the DMNchart.

Over 40 states have already enacted some form of state "tort reform," many with the promise of lower costs to consumers. I would like to read ANY reliable study that finds thatANY state law capping medical malpractice awards was followed by a drop in health care costs in that state, but I doubt that any such study exists.\

Source: http://voices.injuryboard.com/medical-malpractice/texas-law-capping-medical-malpractice-awards-hasnt-cut-health-care-costs.aspx?googleid=292510

Read more: http://blogs.star-telegram.com/honkin_mad/2011/07/new-wrong-way-signs-approved-for-north-texas-tollway-authority-aim-is-to-stop-drunk-driving-head-ons.html#ixzz1Rzoq3e00

Well, that's paraphrasing a bit. The exact quote is, "Buckle up in your truck," and it's a summer-long promotional campaign designed to get people inside pickup cabs to, what, "Click it or ticket?"

According to TxDOT stats, though, it's more like "Click it or die," because pickups tend to roll over during crashes and sling drivers and passengers out the windows. Using a seat belt reduces the chance of fatalities among pickup drivers by about 60 percent.

The TxDOT campaign aims to change the perception that a) you're safe in a larger vehicle - well, no, see "roll over" reference above, and b) you're pretty much immune to the physical dangers of a crash because you're "younger and male" - again, no, because young necks snap just as readily as older necks.

Besides, there's the little matter of $250 or more in the citation and court costs associated with a ticket, so humor the nice officer and wear the seat belt.

If it becomes law, motorists could be fined $200 for a violation, beginning Sept. 1. Under Texas law, the governor has 20 days after adjournment to sign the bill, veto it or allow it to become law without his signature.

The measure that passed the Senate 28-3 late Sunday is tougher than a previous version of the bill that was debated earlier in the session. The previous version would have outlawed sending text messages, but not reading them, while driving.

"Everybody agreed it was wrong to do the actual texting, the inputting, while you're driving, but a lot of people thought it was OK to read the text," said Vic Suhm, who as executive director of the Tarrant Regional Transportation Coalition closely tracks transportation laws.

But safety experts have warned against encouraging motorists to read texts. Nationwide, distracted driving caused 20 percent of traffic deaths in 2009, up from 10 percent in 2005, according to the National Highway Traffic Safety Administration. Cellphone use is one of the most common distractions.

Also, some Texas lawmakers had raised concerns about whether the previous version of the bill could be enforced.

For example, how could an officer prove that a driver was sending, rather than just reading, a message? The tougher version that passed both houses of the Legislature eliminates that confusion by making it illegal to either send or read a message.

Exceptions to the ban

The bill includes a handful of exceptions.

For example, drivers would still be allowed to input a phone number into their device for purposes of making a call. Also, texting would still be allowed for those who use hands-free technology, a global positioning system or a device attached to the car.

In addition, drivers whose job includes communicating with a dispatcher would still be able to send job-related texts.

State law already bans the use of cellphones -- texting or talking -- in school zones, although not all cities enforce it.

Also, Texas drivers younger than 18 cannot use wireless devices in their first year of driving.

Many cities have tackled distracted driving on their own. Arlington is considering adopting a tougher local ordinance prohibiting cellphone use. Austin and San Antonio are among the cities that have banned texting while driving, and El Paso has banned texting and talking while driving.

In April, the Texas Department of Transportation launched a National Distracted Driving Awareness Month campaign. Cellphone use caused 3,308 crashes in Texas in 2009 - the most recent year for which data was available - including 41 deaths.

"Drivers simply do not realize the dangers that are posed when they take their eyes and minds off the road and their hands off the wheel and focus on activities other than driving," Carol Rawson, Texas Department of Transportation traffic operations director, said during the campaign kickoff.

The texting ban that passed Sunday had been inserted into an unrelated bill, which grants former peace officers the ability to carry a concealed handgun without a license.

Source : http://www.star-telegram.com/2011/05/30/3114442/ban-on-texting-while-driving-wins.html#storylink=omni_popular#ixzz1Nx8Cn9Zf