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Motorcycle Deaths Remain High Nationwide.. Vermont Bans Fracking, Citing Injury Concerns.. Ferrari Drivers Charged in NJ Biker's Death.. Should You Take Your Car Insurance's Offer?..


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Motorcycle Deaths Remain High Nationwide

In 2009, there was hope. Despite the fact that motorcycle deaths had been on the rise for 12 straight years, the number of fatalities had dropped by 16%. But now that hope has been squashed, as the number of motorcycle deaths has stagnated and shown no improvement in 2 years.

In 2011, the number of motorcycle deaths increased in 26 states. The number also decreased in 23 states and remained the same in Louisiana. 

Overall, there were an estimated 4,500 motorcycle fatalities last year.

Why so many?

The first is the economy, according to The New York Times. High gas prices encourage people to drive motorcycles. More motorcycles on the road equals more motorcycle deaths.

They also believe the numbers reflect changes in mandatory helmet laws. In 1975, all but three states required helmets, explains MSNBC. Only 19 states currently have such a law in place. With the urging of bikers' rights groups, five of these states are currently considering a repeal of their helmet laws.

And then there's the simple lack of safety. In 2010, 29% of motorcycle deaths involved alcohol, while 35% involved speeding, reports the Governors Highway Safety Association.

What does all of this mean for you?

If you're a motorcyclist, the data suggests that you can take further care to ensure that you are not in a fatal accident. If you absolutely don't want to wear a helmet, remain vigilant about alcohol and speeding. You're unprotected out there on the road, and the faster you go, the harder you fall.

And if you're a motor vehicle driver, pay more attention to riders. It can cost a lot to be involved with a motorcycle death.

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Vermont Bans Fracking, Citing Injury Concerns

Vermont Gov. Peter Shumlin has signed into law the nation's first statewide ban against fracking, citing concerns the oil- and gas-extraction practice could hurt the environment and public health.

"This bill will ensure that we do not inject chemicals into groundwater in a desperate pursuit for energy," Shumlin said, according to CNN. The science behind fracking is "uncertain at best," he declared.

But supporters of fracking, or hydraulic fracturing, say Vermont's concerns are unfounded. They also point out that Vermont has little financial incentive to support the fracking industry.

That's because Vermont does not have extensive deposits of shale rock from which oil and gas is extracted via fracking. The process involves using pressurized fluids to create fractures that release oil and gas trapped in rock more than a mile underground, well below natural aquifers, according to Reuters.

By contrast, shale rock is found under many other U.S. states, with a huge deposit stretching from upstate New York down the spine of the Appalachian Mountains. Major oil companies are just beginning to tap into the deposits, and are planning to expand their operations.

But as Vermont's governor noted, there are risks associated with fracking. Methane and other gases can leak into the air, and the disposal of wastewater has been linked to fracking-related earthquakes, according to Reuters.

Chemicals used in fracking can also possibly contaminate groundwater, as an Environmental Protection Agency study suggested in December. But critics are blasting the EPA report as flawed, the International Business Times reports.

You can learn more about fracking in this Reuters infographic:

Fracking.jpg

The debate over fracking's possible public-health effects is getting more nationwide attention. A recent NPR report highlighted possible fracking-related health problems "ranging from nosebleeds to cancer" in one Texas town. But scientific evidence is not yet conclusive, NPR reported.

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Ferrari Drivers Charged in NJ Biker's Death

A New Jersey man was killed in a head-on collision with a Ferrari. Stephen Lenge was riding to work on his motorcycle when he was hit.

The accident happened near the MetLife Stadium. Two 2006 Ferrari F430s were headed toward the 56-year-old Lenge. One of the drivers, Joseph Meyer, 19, lost control of his car and spun out, The Star-Ledger reports. The other Ferrari driver, Joseph Ferretti, 28, swerved to avoid being hit and crashed into Lenge's motorcycle.

So how fast were Meyer and Ferreti going?

It's not certain, but police say they were travelling faster than the 25 mph speed limit. It's a pretty reasonable assumption considering how hard it is to spin out if you're only going residential speed. Investigators are currently working to determine how fast they were driving.

Meyer and Ferretti escaped with only minor injuries. However, they were both arrested and charged with death by auto for the crash that killed Lenge.

Vehicular homicide can be can be a first or second-degree felony in New Jersey. Each carries varying penalties of up to 10 or 20 years imprisonment, respectively. Aggravating factors include whether the driver was under the influence at the time of the accident and the accident's location. For instance, if the crash occurred on school property, that can be grounds to raise the offense to a first-degree felony.

So far, there are no reports that any of the drivers involved were drunk at the time. The Ferraris were owned by Gotham Dream Cars. The company rents out high-end sports cars. Meyer and Ferretti were employees. They were driving the cars to a Gotham event when Stephen Lenge was hit and killed.

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Should You Take Your Car Insurance's Offer?

If you've been in an auto accident, then you've probably reported it to your car insurance company. Chances are they sent you to an auto body shop and then asked you about a million questions about the vehicle and your physical health. And then you received an offer.

Like many people, you're probably not too happy about your car insurance's settlement offer. You feel it's simply too low. But you're wondering if you should still take it.

You don't have to.

Claims adjusters have some leeway, so if you think the offer is too low, go ahead and treat it as a negotiation starting point. The offered amount probably won't go down, but you can possibly get it to go up. Here's how.

1. Do your research. Go online and find comparable vehicles -- model, year, condition. Ask your claims adjuster to base his evaluation report on these vehicles, which have a higher price point than the ones he previously used.

2. Provide documentation. You can increase your car's value by providing maintenance receipts and photos of its pre-accident condition. Regular maintenance, such as oil changes, increase a car's value. So does an absence of big dents.

3. Calculate all costs. Collect receipts for any medical expenses and alternative transportation. If you missed work or had to repair your vehicle, add those in. Any accident-related cost is relevant. If covered by your policy, the claims adjuster may be obligated to increase your car insurance settlement offer.

4. Pain and suffering. If you're injured, ask for it. It doesn't hurt. Just know that this will likely be the biggest point of contention and where you will likely need to make the most concessions.

If after doing the above, you still can't negotiate your car insurance settlement offer to a place you like, you can always reject the offer altogether and go to court. But remember, you may end up getting less than you were offered at the start.

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Help! I've Been Hit by an Uninsured Driver

Some drivers don't have insurance. Yes, even in states where motorists are required to carry a minimum collision policy - it happens. And if you're reading this, you may be one of the unlucky many to be hit by an uninsured driver. Not so good for you.

But don't worry, you're not completely without recourse. If you've been hit by an uninsured driver or an underinsured driver, you may still be able to get your insurance company or the other party to pay your bills. But to get to that point, you've got to do the following:

1. Get the other driver's information. Yes, even if you've been hit by an uninsured driver. You need to know who hit you so you can take care of steps 2 and 3. Ask to see their license and write down their contact information. Also grab their driver's license and license plate numbers.

2. Call your insurance company. You probably have some form of uninsured or underinsured motorist coverage. Uninsured motorist insurance kicks in when the other driver has no coverage at all. Underinsured coverage applies when your damages exceed the other driver's limit.

If you have one of these policies, let your insurance company work its magic. If you don't, or if your policy doesn't cover all of your damages, go to the next step.

3. Call a lawyer. If the uninsured driver is at fault, then he's liable for the full extent of your injuries. With the help of a car accident attorney, you can file a civil suit to recover what you're still owed. And if it's not an incredibly high sum, you may be able to go at it alone and file in small claims court.

When all is said and done, do everyone else a favor. If you live in a mandatory insurance state, report the other motorist to the Department of Motor Vehicles. Help prevent someone else from being hit by an uninsured driver.

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Man with Amputated p***s Sues for Medical Malpractice

A former Florida man who had his p***s amputated is suing for medical malpractice.

Enrique Milla claims he went to doctors for elective penile implant surgery. The procedure was to correct his erectile dysfunction, NBC Miami reports. But it took a turn for the worse and his p***s was removed. He accuses the anesthesiologist, Dr. Laurentiu Boeru, of failing to postpone the surgery.

So how and why did his p***s end up getting cut off?

Milla contracted gangrene after his procedure was complete. His doctors had to amputate his p***s to save his life, The Miami Herald reports.

Medical malpractice lawsuits are based on allegations of negligence. In essence, a patient is alleging that a doctor failed to act reasonably. And because of it, the patient was either misdiagnosed or mistreated, resulting in injury.

In cases of negligent surgery, usually the physician performing the operation is held liable. But the hospital and any staff involved can be, as well.

Milla alleges Boeru was negligent in clearing him for surgery. He claims Boeru should've recognized his pre-existing medical conditions made surgery risky. While Boeru was just the anesthesiologist, if part of his medical duties was to determine a patient's fitness for surgery, he could be liable.

Milla's attorney claims his client's diabetes and high blood pressure were clear signs that the procedure shouldn't have gone forward.

On the other hand, Boeru's lawyer called Milla's amputation a case of "bad luck" and "filing frivolous lawsuits" wouldn't change it.

Milla already settled a 2009 lawsuit against the urologist who performed the surgery that led to his amputated p***s. The plaintiff is set to testify in his medical malpractice suit over the Internet. He was deported to Peru last year.

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Lawyer Couple Get $360K Over NYPD False Arrest

New York City has agreed to pay Michael Warren and his wife Evelyn $360,000 to settle accusations of police brutality and wrongful arrest. The couple, both civil rights attorneys, alleged they were assaulted when they tried to help a man they say was being beaten by police officers.

The settlement was announced on Monday, just hours before the civil trial was set to begin. Jonathan Moore, a Manhattan injury attorney specializing in governmental misconduct, represented the couple. He believes the settlement represents an "acknowledgement of misconduct."

City attorneys were quick to point out that no one has admitted wrongdoing. Nonetheless, the couple stands by their story. They were driving through Brooklyn in June 2007 when they saw several officers catch and handcuff a young black man, reports Reuters. It was then they allegedly saw Sgt. Steven Talvy kick the man in the head.

They got out of the car and told the officers to stop, but were ordered back to their vehicle. They did, but when an officer noticed them taking down police license plate numbers, things got heated. An officer allegedly pulled Michael Warren from his car and punched him in the face, explains Reuters. He also punched Evelyn in the jaw.

The Warrens were then arrested and charged with disorderly conduct, resisting arrest and obstruction. The charges were eventually dropped, but they sued.

Though their claims were relatively strong and there appears to have been no reason for them to be arrested (they returned to the vehicle when ordered to do so), Monday's settlement isn't an invitation to get involved in police activity. Michael Warren specializes in police misconduct cases and arguably knew what he was doing. You probably don't.

So if you witness misconduct or brutality as did Evelyn and Michael Warren, stand back. Consider taking a video or photographs. Call 911 and tell them what you are witnessing. Get documentation. Do something, but don't try to intervene. You'll just get arrested yourself.

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Skechers Shape-up's Ads Made Deceptive, False Claims

Did you buy a pair of Skechers Shape-up toning shoes? If so, get ready for a refund.

The shoe company has agreed to a settlement with the Federal Trade Commission, which accused the company of making false claims about its Resistance Runner, Toners and Tone-up shoes. The company claimed, with the help of Kim Kardashian, that wearing the convex-soled shoes would help people lose weight and strengthen muscles better than normal fitness shoes.

They don't. And for that, consumers will get a nice chunk of the $40 million Skechers settlement.

The FTC took issue with two major claims. First, Skechers' Shape-ups ads often touted clinical studies as a reason to buy the shoes. Skechers misrepresented the data, according to the Commission. The company "cherry-picked" results and cited studies conducted by biased researchers.

Skechers also claimed that its shoes help with weight loss and increase cardiovascular health, reports Reuters. Toning shoes may help build muscle, but there is apparently no evidence that they are any more useful than regular shoes for losing weight and increasing heart health.



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