Recent Gulf Oil Spill News

Reports indicate that the oil spill leak in the Gulf of Mexico is nearing an end. The static kill is working, as the mud that was forced down a blown-out well is holding down the flow of oil.

The next step would be deciding whether to cement the well. For the past three months, BP has been drilling a relief well, which will be used later this month to execute a "bottom kill." The "bottom kill" involves mud and cement being injected into the bedrock 2 1/2 miles below the sea floor. Federal officials said they won't declare complete victory until they get into the well from the other end.

There is a lot of work to do in the Gulf of Mexico. The amount of oil remaining in the water from this oil spill - or washed up on the shore - is still more than four times the size of the 1989 Exxon Valdez spill.

This disaster could end up costing BP $21 Billion in fines. These fines are in additional to the $20 Billion escrow fund the company has set up to pay damage claims.

Summer Safety – Part 5 – ATV Safety

Driving ATVs is a popular and fun way to spend time with family and friends in the hot summer months.

Cellino & Barnes supports your desire to ride them, but we also want you to be safe. Did you know that, on average, there are nearly 280 deaths per year attributed to ATV accidents? These powerful vehicles are potentially dangerous and carry risks if you do not exercise caution.

Here are a few tips from Cellino & Barnes ATV accident attorneys on how to stay out of harm’s way this summer:

Perform Maintenance

Although we are midway through summer, some people are just now starting to enjoy their ATV’s. If you have not already done so, we encourage you to clean it up and check all of the hardware. Most importantly, check your wheels and brakes. Be sure your tires are secure and your brakes are properly maintained.

Make sure you dress appropriately as well. You’ll need a helmet, sturdy jeans, boots, and a riding jacket. Over 136,000 injuries were treated in emergency rooms in 2004 because riders were not properly equipped.

Hitting the Open Terrain

Now that you’re ready to taste the open air, be sure to know your vehicle. ATVs are capable of traveling at remarkably fast speeds, but they can be unpredictable, rolling over unexpectedly. These 700 pounds machines should only be driven by individuals of appropriate age to ensure that they are always under control. Anyone under the age of 16 should not be on an adult ATV, and there should only be one person riding a single passenger vehicle.

We want you to be safe and we hope that you’ll read the tips we’ve provided closely. Our tips are just a starting point. We encourage you to do some exploring of your own and look for safety classes as well.

Enjoy your summer.

Summer Safety – Part 4 – Auto/Pedestrian Safety

Long walks through the park and picnics by the lake are all a part of a great summer experience. But being on foot makes you susceptible to dangers you may not suspect. There are nearly 20,000 pedestrian related accidents per year.

Our New York pedestrian accident attorneys have come up with a few tips to keep you and your family safe.

Follow the golden rule

Look both ways before crossing. We know you’ve heard it before (from teachers, family and friends) but this is the single most important rule of pedestrian safety. Before crossing any road, even one-way streets, look to the left first, then right, and left again. While you’re walking across the street, continue to look both ways. Also, try to be predictable. It’s easier for drivers to know your patterns if you cross at legal crosswalks rather than crossing in the middle of the road.

Stay Wary

There are many pedestrian accidents that happen at crosswalks. The best advice is to take a second look before attempting to cross the street. It’s important to remain defensive, much like you do when you’re driving. Don’t assume a driver sees you. Make eye contact and ensure that they know you’re present before making any movements toward the road.

It’s a Two Way Street

Although pedestrians have an obligation to be aware of their surroundings, drivers can also reduce accident risk by doing a few simple things.

When driving up to a cross-walk, move cautiously and look to all entry points for pedestrians. Whenever you see a pedestrian in a cross-walk be sure to stop even if there are no signs telling you to do so. Finally, when braking suddenly for a pedestrian, be sure to check your mirrors for oncoming cars behind you or to your sides.

Your summer should be full of fun, spending time with family and friends. Keep you and your loved ones safe by following these simple tips. Watch the pedestrian related accidents video

Cellino & Barnes Announces 2010 College Scholarship Winners

The Cellino & Barnes Scholarship Selection Committee has reviewed all of the applications and determined that there were many "highly deserving" applications.

We were extremely impressed with the quality of the student applicants - with their dedication to education, extra-curricular activities and to their community.　

Cellino & Barnes has been successful in personal injury law because we work hard and are dedicated to making a difference. We encourage all students to make the most of your college opportunity, by learning from those around you and trying to make a difference.

The 2010 Scholarship winners are being notified by telephone and their names have been posted on our website.

2010 College Scholarship Winners

Ross Cellino and Steve Barnes thank you for being outstanding high school seniors. Study hard this fall.

Texting While Driving - Part 6: Conclusion

How did we get through the day before cell phones? We all managed somehow, didn’t we?

We were able to drive to work without texting our spouse a reminder to pick up the kids and we somehow made it two miles down the road without texting our friends "be right there".

At Cellino & Barnes, we believe this series of blog posts has shown the dangers of texting while driving and how quickly someone can be seriously injured and killed due to this distraction.

We ask that you educate your children, family and friends on the dangers of texting while driving.

Be safe and drive responsibly.

Summer Safety – Part 3 – Motorcycle Safety

Summer is here, and riding a motorcycle is a great way to enjoy a beautiful day.

Bikers need to exercise extreme safety. Motorcycle accidents remain among the most dangerous with over 5,100 deaths per year.

Here are a few tips to review from the motorcycle accident attorneys at Cellino & Barnes on how to stay out of harm’s way this summer:

Prepare to Hit the Roads

Make sure your thoroughly check your machine. This includes your lights, turn signals, brakes, mirrors, chain, and cables to make sure they’re all up to the manufacturer’s specifications.

This advice may seem like a no-brainer for experienced motorcyclists, however, there are many new riders, of all ages, on the road.

You might also think about getting some new quality gear. Does your helmet need an upgrade? Do you need boots to cover your ankles? Frayed gloves? Try some new durable, non-slip gloves for extra safety.

On the Highway

You’re geared up and ready to go. But there is still a lot you can do to protect yourself and other motorist while you’re on the streets.

• ALWAYS wear your helmet. Make sure that you’re wearing one that meets federal safety standards.
• Be as visible to other drivers as possible. Keep your headlights on during the daytime, wear reflective gear, and equip your bike with a fairing or windshield.
• Get proper training. Bikers who are well trained on how to ride and care for their bikes are less likely to be involved in Motorcycle Accidents.
• Ride Sober. Alcohol and other drugs affect judgment and do not mix with motorcycling.
• Finally, stick to the speed limit. Be smart and slow down.

We hope these tips may offer some help and that you will be able to enjoy the feeling of the open road for many years. Watch the Robert Schreck motorcycle related accidents video.

Texting While Driving - Part 5 - How Can You Help?

Think back to the times when you’ve texted while driving. Was it to text your boss those earnings forecasts? Or maybe a meet up with friends?

We’ve essentially been conditioned, like Pavlov’s dogs, to respond to our phone’s ringing and buzzes. It’s not as though our friends can’t wait till we get home to respond to their messages, nor does it make sense to focus our cognitive abilities on giving our bosses in-depth reports while we drive.

Our addiction to staying connected everywhere has essentially created a dangerous driving environment on the roads.

So, how can you help? Starting now, educate your children, family and friends on the dangers of texting while driving. The simple habit of waiting until you’re not behind the wheel could save a life.

Summer Safety – Part 2 – Swimming and Pool Safety

Pools are a great place for summertime fun. Unfortunately, pools can also be the scene of very serious accidents. Over 3,500 people died last year from unintentional drowning accidents alone.

Here are some basic tips to review with your family to help keep everyone safe.

Dangers to children

Children are always at the greatest risk of having a swimming accident. Following a few easy rules could make all the difference.

Keep toys, towels, chairs or anything that can easily trip someone away from the edge of the pool. Slip and fall accidents occur easily enough on the wet surface surrounding a pool.

Although it seems like common sense, keep tricycles, bikes, Power-Wheels, and skateboards off of the pool deck. Children can accidentally ride these into the pool and could quickly turn a carefree joyride into a tragedy.

Additional dangers

It seems basic but keeping electrical appliances away from the water can avoid many deadly situations. Also, know the depth of the water and do not allow any diving into shallow water.

Precaution can outweigh the tragic effects of an accident at the pool.

Texting While Driving – Part 4 – Oprah’s Distracted Driving Episode – Sad Reminder

While doing research for this series on texting while driving, we were reminded just how dangerous distracted driving is and how quickly a tragic accident can happen.

There are numerous shocking texting while driving videos on the web, but we wanted to find a video that would share with you the stories behind the tragedies.

This video clearly shares the pain people feel when they have lost a loved one in a texting while driving accident. It also shares the sorrow and remorse felt by someone who was the cause of a tragedy.

OPRAH – DISTRACTED DRIVING VIDEO

Although you may have seen this episode on texting while driving, which aired in January, 2010, it will have the same affect on you the second and third time you watch it. We encourage you to share this video with your loved ones.

Please do not text and drive.

CNN News Reports – 162 Cases of Illness Linked to Oil Spill Reported in Louisiana

On June 28, 2010, CNN reported that 162 cases of illness have been reported in Louisiana, linked to exposure to the oil spill in the Gulf of Mexico.

The Louisiana state health department, released a report, which stated of those cases, 128 involved workers on oil rigs or individuals involved in the oil spill cleanup efforts.

The most common reported symptoms included throat irritation, shortness of breath, cough, eye irritation, nausea and headaches, according to the department’s oil spill surveillance report.

Louisiana Department of Health and Hospitals Secretary Alan Levine said in a letter to BP’s COO, “There exists anger, anxiety and uncertainty among the families and communities affected by the spill, which will easily manifest into addiction and various forms of mental health crisis if not confronted.”

If you or a loved one has been affected by the oil spill, call Cellino & Barnes now at 800-249-7320 or use our CLAIM FORM online.

Read more at CNN.com

Summer Safety – Part 1 – Bike Accident Safety

Bike riding is a fun and fairly safe way to: commute to work, get some great exercise, or just spend time outdoors. Biking can be dangerous and we urge you to use caution and please be safe this summer.

Below is a list of some basic things you can do to keep yourself safer this season.

Wear your bicycle helmet.

In the United States, there are over 300,000 children who visit the emergency room each year as a result of being involved in bicycle accidents . Many of these children suffer brain injuries . The basic habit of wearing a helmet with the straps securely locked, could have prevented many of these injuries.

Keep yourself well lit.

If you enjoy cycling at night, keep yourself well-lit. Make sure you have reflectors facing in all directions and try to wear reflective safety-gear. Also, for less than $15 dollars, you can purchase red blinking lights for the front and back of your bike. These lights will alert motorists to your presence long before they have the chance to cause you any harm.

Avoid texting while biking and other distractions.

Texting while biking is just as dangerous as texting while driving , perhaps even more so. Teenagers attempt to text with one hand, while trying to steer with the other. This is a recipe for disaster.

Listening to music and talking on your cell phone is also very dangerous. If you’re not listening to the vehicles around you, it will be difficult to react when something unexpected happens.

Just pay attention.

The best overall advice is to stay alert and be aware of your surroundings. Regardless of how much safety equipment you are wearing, if you don’t pay attention, you increase your risk of being injured, or causing someone else to be injured.

So to protect you and your children while riding a bike pay attention, use reflectors and lights and wear a helmet!

This post is part 1 of 5, presented by Cellino and Barnes. Our firm is committed to keeping our community safe this summer.

Ocean Therapy Solutions - Status of Program

Ocean Therapy Solutions (Kevin Costner's company) and BP held a news conference to update us on the ongoing efforts to deploy Ocean Therapy's oil separating centrifuge devices in the Gulf of Mexico to clean up the Horizon oil spill.

Kevin Costner explained that BP ordered 32 of his oil cleaning machines. Three of the units are currently aboard ships in the Gulf, but it will take about approximately 1 to 1.5 months for the remaining units to be built.

Officials advised that skimmer vessels will pump oily water onto the ships where the centrifuges can process a total of 600,000 gallons per day, separating oil and debris from water. Costner said he is gratified the technology is being deployed.

VIDEO - Ocean Therapy Solutions and BP News Conference.

VIDEO - Costner Centrifuge Technology. In this video, Brian Musselman, Director of Operations for Hornbeck Offshore and Lance Ortemond, General Manager at D&L Salvage explain the centrifuge technology and how it will affect the Gulf Coast.

Texting While Driving - Part 3 - Potential Solutions and Issues

While state legislation punishes drivers for driving while texting, many still often fail to do so.

Watch texting accident - YouTube

While authorities don’t have the capability to always be watching over everybody’s shoulder. Some possible solutions may be to encourage the creation of technologies that will prevent drivers from accessing their text messaging while driving. For instance, Textecution is a mobile phone application that blocks text messaging functions on your children’s phones while they drive. Essentially, how the program works is that it links into the phone’s GPS system and disables the text messaging function if a vehicle is moving more than 10 mph.

Similarly, Xuesong Zhou, a University of Utah researcher, has developed a device that disables cell phones entirely when a specially engineered car key is inserted into the car’s ignition.

Finally, several states have outlawed texting while driving, and others are moving to ban the practice. Additionally, legislators are trying to move bills to create federal legislation to keep drivers from texting while driving.

Cellino & Barnes Assisting Gulf Residents with Claims Against BP

One of the nation’s largest personal injury law firms, Cellino & Barnes has established a team of attorneys focused on assisting residents of the Gulf Coast who have suffered economic damages as a result of the massive oil spill in the Gulf of Mexico.

The Cellino & Barnes attorneys are representing individuals and business owners who have lost income, been hit with decreased business revenues, experienced property damage or suffered other economic consequences or injuries as a direct result of the spill.

Cellino & Barnes Oil Spill Video

Read more.

Texting While Driving - Part 2 - The Problem is Growing

In our previous post, we demonstrated the risk that drivers of light vehicles pose on the road. But what about drivers of heavy vehicles (e.g. trucks and trains)?

Believe it or not, operators of heavy vehicles are 23 times more likely to experience a safety critical event compared to a non-distracted operator when texting while operating. This represents a much higher statistic than drivers who are operating light vehicles (only 2.8 times more likely to experience a safety critical event).

Below is an article about the 2008 Chatsworth Train Collision, which killed 25 people on September 12, because the train operator was sending text messages.

The 2008 Chatsworth train collision occurred at 16:22 PDT (23:22 UTC) on Friday September 12, 2008, when a Union Pacific freight train and a Metrolink commuter train collided head-on in the Chatsworth district of Los Angeles, California, in the United States. The scene of the accident was a curved section of single track on the Metrolink Ventura County Line just east of Stoney Point.

According to the National Transportation Safety Board (NTSB), which investigated the cause of the collision, the Metrolink train ran through a red signal before entering a section of single track where the opposing freight train had been given the right of way by the train dispatcher. The NTSB faulted the Metrolink train's engineer for the collision, concluding that he was distracted by text messages he was sending while on duty.

Metrolink commuter train 111, consisting of a 250,000-pound (113,000 kg) EMD F59PH locomotive (SCAX 855) pulling three Bombardier BiLevel Coaches, departed Union Station in downtown Los Angeles at 15:35 PDT (22:35 UTC) heading westbound to Moorpark in suburban Ventura County. Approximately 40 minutes later, it departed the Chatsworth station with 222 people aboard, and had traveled approximately 1.25 miles (2 km) when it collided head-on with an eastbound Union Pacific local freight train. The freight train was led by two SD70ACe locomotives, UP 8485 and 8491, weighing more than 500,000 pounds (227,000 kg) each. The Metrolink locomotive telescoped into the passenger compartment of the first passenger car and caught fire. All three locomotives, the leading Metrolink passenger car and seven freight cars, were derailed, and both lead locomotives and the passenger car fell over.

The collision occurred after the Metrolink passenger train engineer, 46-year-old Robert M. Sanchez, apparently failed to obey a red, stop signal that indicated it was not safe to proceed into the single track section. The train dispatcher's computer at a remote control center in Pomona did not display a warning prior to the accident according to the NTSB. Metrolink initially reported that the dispatcher tried in vain to contact the train crew to warn them; but the NTSB contradicted this report, saying the dispatcher noticed a problem only after the accident, and was notified by the passenger train's conductor first.

Both trains were moving toward each other at the time of the collision. At least one passenger on the Metrolink train reported seeing the freight train moments before impact, coming around the curve. The conductor of the passenger train, who was in the rear car and was injured in the accident, estimated that his train was traveling at 40 miles per hour (64 km/h) before it suddenly came to a dead stop after the collision. The NTSB reported that it was traveling at 42 miles per hour (68 km/h). The freight was traveling at approximately the same speed after its engineer triggered the emergency air brake only two seconds before impact, while the Metrolink engineer never applied the brakes on his train.

The events on September 12, 2008 leading up to the collision (all times local):

05:54 Engineer Sanchez begins his 11-hour split shift.
06:44 Sanchez begins his morning run.
08:53 Sanchez finishes his morning run after exchanging 45 text messages while en route.
09:26 Sanchez finishes the first part of his shift and goes off duty.
14:00 Sanchez returns to work after reportedly taking a two-hour nap.
15:03 Sanchez begins his afternoon run.
15:30 Sanchez uses his cell phone to order a roast beef sandwich from a restaurant in Moorpark.
15:35 Metrolink train #111 departs Union Station with Sanchez at the controls of locomotive #855.
16:13 The signal north of the Chatsworth station is set to red to hold the Metrolink train.
16:16 Train #111 is scheduled to depart Chatsworth station with the next stop in Simi Valley.
16:21:03 Sanchez receives a seventh text message while en route.
16:22:01 Sanchez sends the last of five text messages while en route, 22 seconds before impact.
16:22:19 The locomotive crews can first see each other 4 seconds before impact.
16:22:21 The Union Pacific freight engineer triggers the emergency brake 2 seconds before impact.
16:22:23 The trains collide after Sanchez ran through a track switch and did not apply the brakes.

Basic aftermath: Initially the Los Angeles Fire Department (LAFD) originally dispatched a single engine company with a four person crew for a “possible physical rescue” at a residential address near the scene in response to a 9-1-1 emergency call from home. The crew arrived at the address four minutes later, just before 16:30 PDT and accessed the scene by cutting through the backyard fence. Upon arrival, the captain immediately called for an additional five ambulances and 30 fire engines and every heavy duty search and rescue unit in the city. Hundreds of emergency workers were involved in the rescue effort.

Austin Walbridge, a train passenger, describes the incident by saying: “Bloody, a mess. Just a disaster. It was horrible.” Emergency responders described the victims as having crush type injuries. Dr. Amal K. Obaid, a trauma surgeon who practices at USC University Hospital where several victims were treated, described their injuries in more detail, "They have head injuries, multiple facial fractures, chest trauma, collapsed lungs, rib fractures, pelvic fractures, leg and arm fractures, cuts in the skin and soft tissue. Some have blood in the brain."


Trains derailed, massive damage caused by head-on collision

Last known text message sent: “yea… usually @ north camarillo”

Obama's Promise to the Gulf Coast

In a speech today, President Obama stated that he "will do whatever it takes for as long as it takes" to deal with the oil spill. He further promises that "We're going to fight back with everything that we've got."


President Obama is scheduled to address the nation tonight to lay out plans for dealing with the BP oil disaster in the Gulf of Mexico.


So how much oil has leaked into the gulf?


No one can say for certain how much oil is leaking into the Gulf of Mexico, however, some experts are now estimating that between 1 million and 2 million barrels. That converts to bewteen 42 million and 84 million gallons of oil. The lowest estimate is nearly four times the size of the 1989 Exxon Valdez spill.

Texting While Driving - Part 1: Overview

Texting while driving is a growing concern in communities across the United States and the world. In many New York communities from Buffalo to Rochester and to the Bronx, numerous lives have been tragically lost because of texting while driving. Cellino and Barnes offers this series of blog posts to help grapple with the lingering issues and potential solutions of texting while driving.

One of the leading causes of serious injury and death in America is motor vehicle accidents. How often do we see distracted drivers behind the wheel? People eating, applying makeup, talking on the phone… there always seems to be some distraction that is inhibiting a driver’s attention. In the last couple of years, a new distraction has arisen: Driving While Texting (DWT).

Under current legislation, the act of driving while texting is defined as: composing, sending, or reading text messages, email, or making similar use of the internet on a mobile device while operating a motor vehicle. The practice is viewed by many authorities as dangerous and has been outlawed or restricted in twenty states and the District of Columbia.

While everybody understands that distracted driving is dangerous, some question how DWT is more dangerous than being distracted by a messy cheeseburger or a hot cup of coffee? Studies show that texting while driving increases the likelihood of accidents and distracted driving. For instance, a study conducted at the University of Utah found a six-fold increase in distraction-related accidents while texting. While a more recent study by the Virginia Tech Transportation Institute presents the follow facts:

• Using driving studies of observing long-haul trucks and light vehicles driving 6 million combined miles, researchers observed 4,452 safety-critical incidents, which includes crashes, near-crashes, safety-critical events, and lane deviations
• 81% of the safety critical events involved some type of driver distraction
• Text messaging had the greatest relative risk, with drivers being 23 times more likely to experience a safety-critical event when texting.
• The study also found that drivers typically take their eyes off the forward roadway for an average of four out of six seconds when texting.
  

All in all, there is conclusive evidence of the dangers of driving while texting. This post is part 1 of 6, presented by Cellino and Barnes. Our firm is committed to helping the community deal with the growing problem of texting while driving.

Cellino & Barnes Donates $26,000 to Juvenile Diabetes

During the 2009-2010 hockey season, personal injury attorneys, Cellino & Barnes, once again, partnered with Derek Roy to help support Juvenile Diabetes. Each time Derek scored a goal during the regular season, Cellino & Barnes agreed to donate $1,000 to help fight Juvenile Diabetes.

Cellino & Barnes is proud to announce that Derek Roy scored 26 goals this season, which resulted in $26,000 being donated to Juvenile Diabetes.

Ross Cellino delivered checks to Mary Ann Fox, Executive Director of the Rochester Chapter and Karen Swierski, Executive Director of the WNY Chapter of Juvenile Diabetes. Each Chapter received a check in the amount of $13,000.

Cellino & Barnes - Morphine Sulfate Recall

A voluntary recall was issued today for one lot of Ethex Morphine Sulfate 60 mg Extended Release tablets. The manufacturer discovered that some pills sold since April 16, 2008 may be twice as thick as they are supposed to be and contain double the morphine. This could lead to life-threatening risks of a morphine overdose.

To learn more, click on Morphine Recall.

Cellino & Barnes – Toyota Recalls 400,000 Prius and other Hybrid Cars

Toyota has recalled more than 400,000 Prius and other hybrid cars to replace software that controls the antilock braking system. There have also been several wrongful death Toyota lawsuits filed. Read more.

Cellino & Barnes - Toyota Recall Update - Prius

Toyota Motor Corp. is considering a recall of its popular 2010 Prius hybrid in the U.S. and Japan to address complaints about slipping brakes after transportation authorities in both countries ordered investigations.

In the United States, the Transportation Department began its investigation after receiving 124 complaints about the 2010 model. The complaints allege temporary loss of braking ability when traveling over uneven road surfaces, potholes or bumps.

The National Highway Traffic Safety Administration will lead the investigation.

Read more.

Toyota owners should stop driving cars affected by recall, take them to dealers, says U.S. transportation secretary.

Transportation Secretary Ray LaHood is now telling owners of recalled models to park them and not drive them until they can be brought into dealers to have their accelerator pedals repaired.

In addition, Transportation is probing to see if other automakers might have the same problems as Toyotas, if they share similar pedal systems.

Read more.