Source: http://masslawyersweekly.com/2013/11/14/out-of-control-car-hits-guardrail-passenger-ejected/
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Monday, 18 November 2013
Out-of-control car hits guardrail; passenger ejected
The driver lost control of her vehicle and struck a guardrail at significant speed, ejecting the plaintiff passenger. He was admitted to the hospital and diagnosed with a concussion, periorbital hematoma, pulmonary contusion and numerous lacerations. The plaintiff, the owner of a small technology company with about 30 employees, was discharged after two days and ...
Mobile Phones Increase Motor Vehicle Accident Risk and Make Drivers Liable in Car Accident Compensation Claims
I continue to be interested in the ways other countries deal with the same safety issues we face in the United States. This guest post on the use of cell phones while driving is from the United Kingdom viewpoint, and is furnished by attorney Jeremy Black.
It is well-known that drivers who use mobile phones behind the wheel are considerably more likely to be involved in road accidents than they would otherwise be. In fact, statistics show that people are around four times as likely to crash their car when talking on a phone as they normally would be, with reaction times increasing by around 50%.
As a result, it is illegal to drive while using a hand-held phone or any similar device, with automatic fixed penalty notices penalising offenders with a £60 fine and three points on their license. In some cases, the offender is taken to court, where they could be banned from driving, disqualified, and face fines of up to £1,000, with buses and goods vehicles potentially being fined £2,500.
Those punishments refer to cases in which the only offence was mobile phone use – if a driver causes a motor vehicle accident while on the phone, they could face a custodial sentence. This is especially likely to happen if someone suffered a fatal personal injury in the road accident.
There are only two times when people can use a mobile phone while behind the wheel:
- - When safely parked
- - When they need to call the emergency services when it would be impractical or unsafe to stop
Drivers cannot use their phones when stopped at red lights or in traffic, or when supervising a learner driver. Motorcyclists face the same prohibitions against mobile phone use.
If a driver is found to be talking on their mobile phone immediately before a road accident, they will be considerably more likely to be found liable in car accident compensation claims than they otherwise would. The police and insurers are aware of how dangerous using a mobile phone while driving can be and will judge road accident compensation claims in this light.
Prevent motor vehicle accidents by refusing to use mobile phones when driving
THINK! has provided a number of suggestions detailing how to prevent road accidents caused by mobile phone use.
- - Don’t answer phone calls while driving
Just let the phone ring out or divert to voicemail and call them back when it is safe. If a call is an emergency, then pull over in a safe place to answer it. No phone call is so important that it has to be answered while behind the wheel.
- - Park safely if using a mobile phone
The hard shoulder is not a safe place to park. Do not park in any illegal places, such as on double-yellow lines or on corners – park out of the way of traffic. Do not make any dangerous manoeuvres to answer a call.
- - Don’t speak to people who are driving their car
If you call someone on the phone and they inform you that they are driving, ask them to call you back when they have pulled over and are safely parked.
Jeremy Black is a personal injury solicitor Burnley working with a team of solicitors in Burnley. He specialises in whiplash injuries sustained in motor vehicle accidents and is constantly trying to keep on top of this challenging area of personal injury law. He also likes driving his Audi and he hasn’t had to claim car accident compensation yet!
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Did CJ Roberts Trash His Role as “Umpire” In Facebook Cy Pres Case?
He seems now to have fully discarded the umpire’s uniform in his pursuit of making policy.
On Monday the Court denied certiorari in Marek v. Lane, which was a cy press settlement matter. Cy pres is where class action settlement proceeds don’t go to the victims due to the difficulties or expense of distribution, but go instead to a charity of some kind as being “as near as” possible to getting the funds to the actual victims. This was, as per Adam Steinman (Civil Procedure and Federal Courts Blog):
a closely watched class action against Facebook. Four class members had objected to the settlement of that class action, which included as a cy pres remedy “the establishment of a new charitable foundation that would help fund organizations dedicated to educating the public about online privacy.” The settlement was approved by the district court and on appeal to the Ninth Circuit, prompting a petition for certiorari by one of the objectors.
But while the issue of whether it’s appropriate to send the funds to a charity is a hotly debated one, created in a legislative vacuum, neither its rightness or wrongness is the issue I want to address. (See Public Justice Foundation in favor and Ilya Shapiro at Cato for opposing view.)
Instead, I draw your attention to a statement issued by C.J. Roberts (via Overlawyered), accompanying the denial of certiorari, where he discusses his desire not to call the balls and strikes, but rather, to affirmatively make decisions about policy:
I agree with this Court’s decision to deny the petition for certiorari. Marek’s challenge is focused on the particular features of the specific cy pres settlement at issue. Granting review of this case might not have afforded the Court an opportunity to address more fundamental concerns surrounding the use of such remedies in class action litigation, including when, if ever, such relief should be considered; how to assess its fairness as a general matter; whether new entities may be established as part of such relief; if not, how existing entities should be selected; what the respective roles of the judge and parties are in shaping a cy pres remedy; how closely the goals of any enlisted organization must correspond to the interests of the class; and so on. This Court has not previously addressed any of these issues. Cy pres remedies, however, are a growing feature of class action settlements. See Redish, Julian, & Zyontz, Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis, 62 Fla. L. Rev. 617, 653–656 (2010). In a suitable case, this Court may need to clarify the limits on the use of such remedies.
This call to action (‘Send me a good case so we can put our imprimatur on the issue!’), goes quite a ways away from merely umpiring for the people on different sides of an issue.
Roberts didn’t ask Congress to step up to the plate, he asked instead for a suitable case so that the judiciary can perform a legislative function.
In a blog post back in 2009, the Drug and Device Law Blog — very much a defense oriented blog — raised the same issue in excoriating the concept of cy pres. They wrote:
Under our tripartite system of government, the legislature is supposed to make the laws and the executive to enforce them. Where is the law or regulation allowing, as a consequence of some legal violation, one private person’s money to be taken away and given to some other private person(s) whom the violator didn’t injure? There isn’t any. If there were, there’d be no need to resort to cy pres, because the statute or rule (assuming it were constitutional – which is a stretch) itself would provide the distribution scheme, not some vague notion of “equity.” The government can impose civil or criminal fines for conduct that’s illegal, without regard to causation or damages, but the money in those situations goes to the government as the sovereign enforcer of the laws.
But while they argued there shouldn’t be any such thing as cy pres, C.J. Roberts isn’t suggesting that it be abolished (though he is certainly open to it). What he asks is that the judiciary regulate them, hence his conclusion that the Supreme Court “may need to clarify the limits on the use of such remedies.”
And you will not find any mention in his statement suggesting that Congress resolve the matter.
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Sunday, 17 November 2013
Who's Liable for a Dog Bite?
With nearly 40% of all American households now owning a dog, safety is no small matter. Dogs must be properly trained and supervised by their owners in order to avoid potentially harmful encounters with people. Bites and other injuries from dogs occur more often than you might think.
Source: http://EzineArticles.com/8063819
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Holiday Decorations and Injury Risks
The holiday season is marked by a wide range of different traditions, from caroling and gingerbread houses to candy canes and mistletoe. One of the most popular and enduring of these traditions is putting up holiday decorations, whether on a Christmas tree, around the house, or in public places. Unfortunately, this tradition poses some serious risks for those who engage in it. In fact, according to statistics compiled by the CDC, thousands of Americans each year are injured in fall-related accidents while putting up Christmas decorations.
One of the most common causes of injuries incurred while decorating for the holidays is slip and fall accidents. Particularly because of icy conditions during the wintertime and the precarious position that standing high on ladders to hang lights and other decorations can put a person in, it’s important to be aware of the risks that putting up holiday decorations can pose and what you can do to prevent a serious injury from occurring.
The following are some useful tips for what you can do to help avoid a slip and fall injury while putting up decorations and stay safe during the holiday season:
- ŸWatch out for extension cords. Lots of holiday decorations require electricity to power them, and extension cords can help to make it possible to put your decorations where you want them. However, if extension cords are left in areas of high foot traffic, they can become a slip and fall hazard, potentially causing decorators and others to trip over the cord if they’re not careful. Therefore, it’s important to always be on the lookout for extension cords around holiday decorations.
- ŸHave someone hold your ladder. If you’re hanging decorations in tall spaces and need to use a ladder, you should have someone secure the base to ensure that it doesn’t tip over, bringing you down with it. In fact, falls from ladders ranked as the most common cause of holiday decoration-related injuries, according to the CDC.
- ŸAvoid wet or slippery areas. Ice and snow in the wintertime can cause outdoor walkways to become slippery and wet, increasing the likelihood of a slip and fall accident occurring. Avoiding wet or slippery areas can help to prevent this type of accident.
These and other safety measures can help to ensure that you aren’t involved in a serious accident during the holiday season.
This guest post is from Abby Pearson. Abby is a professional blogger who works for a wide range of clients, including dental professionals, cleaning companies, and a personal injury lawyer.
Source: http://www.pissd.com/2012/12/holiday-decorations-and-injury-risks/
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Duh. Watch College Kids React to Monster Energy Death News (Parent Alert!)
Add energy drinks to the list of worries for parents sending kids off to college. Of course, energy drinks seem to pale when compared to sex, drugs, alcohol and all that comes with that trio of vices—from OD'ing, to date rape, to DUI's. But that's the thing—energy drinks seem...so...harmless, right? After all, they're sold in convenience stores and vending machines right next to the bags of chips...Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents Head Injuries
8 Important Things To Do Following An Avoidable Injury
Unfortunately, accidents happen every day that could have been avoided. Some accidents happen due to negligence or outright recklessness. If you ever find yourself in the wrong place at the wrong time and are hurt because of one of these accidents, you need to know exactly what to do to benefit yourself in the event that you must take legal action later.
Source: http://EzineArticles.com/8008407
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Elderly passenger injured in head-on collision
On Aug. 8, 2012, the 79-year-old plaintiff was a front-seat passenger in a vehicle driven by his wife when it was struck head-on by a second vehicle. Damage to both vehicles was massive. The plaintiff was transported by MedFlight from Cape Cod to a Boston-area trauma center for specialized care. The plaintiff suffered bilateral pelvic ...
Source: http://masslawyersweekly.com/2013/11/14/elderly-passenger-injured-in-head-on-collision/
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Under 18 Energy Drink Ban Gets AMA Support
Breaking News: Under 18 Energy Drink Ban Gets AMA SupportSource: http://www.lawyersandsettlements.com/blog/under-18-energy-drink-ban-gets-ama-support-011839.html
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Should I Represent Myself in Small Claims Court?
What should you do if you have been in an accident involving a personal injury and cannot resolve your claim with your insurance company? You can successfully represent yourself by following a few simple steps.
Source: http://EzineArticles.com/8089015
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Defective Balloon Catheters
Each year many people all across the country suffer heart attacks or chest pains. For these people, nothing could be scarier or worse, and prompt medical attention is critical to having a positive outcome. One of the main things done when seeking emergency medical treatment for heart related symptoms is to determine if there is a blockage that is causing the problem. If a blockage is causing the problem, many times a specific type of surgical procedure known as an angioplasty is done in order to open up the blocked vessel and restore normal blood flow to the heart.
Source: http://EzineArticles.com/8077550
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How To Manage a Motor Vehicle Accident
With over six billion motor vehicle accidents taking place in the US every year, it is almost a guarantee that you will be involved in a vehicle accident at some point during your driving experience. Having a vehicle accident is devastating to everyone involved whether it was your fault or not. With the majority of accidents being caused by younger drivers that are speeding, talking on their phones or under the influence of alcohol, it is something that cannot be stopped.
Source: http://EzineArticles.com/8076677
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The Importance of Bodily Injury Liability and Uninsured and Underinsured Motorist Coverage
After a car accident, many victims have no idea what to do. For those who sustain serious injuries, medical bills and the time lost from work may cause financial strain. Car accident victims' medical expenses and disability benefits are covered under their own insurance policy.
Source: http://EzineArticles.com/8025036
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Choosing the Right Lawyer If You Are in a Car Accident
When you are hurt in a car accident, regardless of how it happened, there are certain things that you need to make sure you do to get past the injury and back onto the road to a healthy recovery. If you choose the wrong lawyer, then your claim may be a lot less likely to be approved and you will be more likely to lose your case.
Source: http://EzineArticles.com/8073472
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A Practical Look at Settlement Versus Trial After Negotiating a Personal Injury Claim
The primary focus of the article is to help the reader understand the complexity of the question on whether to settle a personal injury case or move the case forward to trial.This article is intended to explore some of the important considerations and difficult decisions people must make after suffering a personal injury.
Source: http://EzineArticles.com/8075524
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Featured Link: Asbestos & Mesothelioma Center
From the excellent Asbestos & Mesothelioma Center Web site comes this information about asbestos exposure in Texas. Please visit the Asbestos & Mesothelioma Center for more information about asbestos and related health risks.
Texas (TX) Mesothelioma and Asbestos Exposure
Everything is bigger in Texas – including asbestos problems. Texas
is the state most involved in the domestic oil industry, and companies
like Shell, Gulf, and Mobil call this state home. Unfortunately, the
oil industry is one of the hardest hit in terms of asbestos problems,
with millions of employees being exposed over the last 100 years.Although Texas has large stretches of rural areas, it also has a
number of larger cities, where asbestos problems have been
concentrated. In 1999, there were 125 reported deaths from mesothelioma
along. This rare form of cancer only occurs after asbestos exposure.
Furthermore, asbestosis and other respiratory problems have contributed
to deaths in Texas. If you live or work in this state and believe
you’ve been exposure to asbestos, talk to a doctor right away and find
a lawyer to help you protect your rights.At-Risk Occupations and Locations in Texas
The petroleum industry booming, companies during the industrial
revolution needed a way to protect their plants from fires and to cut
down on machinery corrosion. Using asbestos was a great idea because
this substance can be used to create materials that are heat-resistant
(and, essentially, fireproof), flexible, durable, lightweight, strong,
and cheap. Asbestos was used to create products like gaskets,
insulation, and every uniforms for employees. However, over time,
general wear and tear causes the asbestos fibers to be released back
into the air, where employees can breathe them in. Although the use of
asbestos made these plants safer from fire, they increase other health
risks and put millions in harm’s way. All of the major oil companies
used asbestos in some capacity.Texas also has a number of other popular industries that have been
known to use asbestos. Along the Gulf Coast, shipyards are common, and
for the factors listed above, asbestos was a great product to use for
building vessels. Until the 1980s, asbestos (especially in insulation)
was used in this industry for many building materials. In additional
asbestos had its place in the electrical power and chemical industries,
two other industries that were major powerhouses in Texas for many
years (and still are today).There are also deposits of asbestos naturally found in Texas.
Although these are typically not a threat to someone on a hike, for
example, mines to retrieve this asbestos for commercial use were very
dangerous. If not regulated, people living in this area could see a
high concentration of asbestos in their air and water. The
naturally-occurring asbestos in Texas is located northwest of San
Antonio, in the Canyon State Natural Area vicinity.It is important to note that Texas, due to its location, is a
hotspot for violent winds and tornados. When a structure built using
asbestos is damaged in high winds, the asbestos fibers fill the air and
become a danger to everyone living and working in the area. Therefore,
here more than in other locations, asbestos should be closely monitored
in homes, even if it is contained in the structure and currently not a
threat.Asbestos-related Deaths in Texas
As you can imagine, because Texas is so highly involved in a number
of injuries that used asbestos, there have been thousands of deaths
from asbestos-related illnesses in this state. According to one study,
there were almost 2,800 asbestos-related deaths in Texas because 1979
and 1999. About half of these deaths were due to asbestosis, while the
other half were due to mesothelioma. Harris County, Jefferson County,
and Dallas County were the location hardest hit, which is not
surprising as these are industrial hubs in Texas.Texas is 7th in the United State in terms of mesothelioma cases,
with a mortality rate of over 8 per million. With more and more people
reporting asbestos-related illnesses in this state every day, that
number could continue to rise, unfortunately. Asbestos exposure in
Texas may be regulated now, but cases are still being discovered as
these illnesses take many years to materialize. Someone exposure to
asbestos in the 1960s could just find out today that he or she has
mesothelioma, for example.Legal Resources for Texas Residents
There have been many lawsuits in Texas regarding asbestos-related
illnesses and personal injury. Some of these cases have set precedence
in the state and in the entire United States. For example, in 2000, due
to the case of Pustejovsky versus Rapid-American Corp., Texas’ Supreme
Court rules that someone affected by asbestos could sue more than once.
This is because more complicated medical conditions may arise later in
life. This ruling has changed the course of many lives, as it is common
to need help for asbestos one year but develop more medical bills with
mesothelioma a decade later.Many Texas cases have proven that victims are in the right in the
case of asbestos-related illnesses. If you’ve been hurt due to asbestos
exposure in Texas, it is important to talk to a lawyer right away.
There is a two-year statute of limitations rule for filing suit, so
make sure that you call an attorney soon to talk about your case.
Source: http://www.pissd.com/2008/07/featured-link-asbestos-mesothelioma-center/
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What to Do If You Are Charged With a DUI Offense
If you have been charged with a criminal offense, it is vital that you hire a reputable and experienced criminal attorney. They will represent you in court and defend your case, protecting your rights and ensuring that you are correctly and properly represented during the duration of the case.
Source: http://EzineArticles.com/8035950
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Texas Motorcycle and Scooter Deaths Down in 2012 But Still Higher Than a Decade Ago
My mother still won’t let me buy a motorcycle. But I think I’ve finally reached the age where I have enough appreciation of the dangers of riding one that I’m not too interested in getting one.
The Dallas Morning News ran a good story about such dangers recently. Here are excerpts:
Motorcycle fatalities in Texas dropped by 6 percent in 2012, after more than a decade of mostly bad news for riders, according to the Texas Department of Transportation.
The agency reports that 460 people on motorcycles or scooters died in accidents last year, compared with 488 a year earlier.
More than half of those killed were not wearing helmets.
Nationally, motorcycle fatalities have been on the rise since the 1990s. The number in Texas has increased by 56 percent since 2004, while other traffic fatalities have been steadily decreasing.
“Motorists often report that they didn’t see the motorcyclists,” said Mark Cross, a transportation department spokesman. “Seeing them and being aware of them tends to be one of the main problems.”
That’s confirmed by research from Texas A&M University’s Transportation Institute. It found that in more than half of crashes involving a motorcycle, another involved driver failed to see the motorcycle.
It’s not clear why fatalities are down in Texas.
“We don’t have an explanation, but we’re certainly glad to see it,” Cross said.
Almost 90 percent of motorcycle crashes result in injury or death. Among fatal accidents, 56 percent occurred in Texas cities, 44 percent in rural areas.
Officials with the National Highway Traffic Safety Administration said the agency has not yet finished compiling 2012 fatality statistics. But the Governors Highway Safety Association projects that motorcycle fatalities increased nationally in 2012. If so, that would be the 14th time in 15 years.
Explanations for the increases have included the elimination of mandatory helmet laws in Texas and other states, an increasing number of high-performance motorcycles, and an overall increase in the number of motorcycles on the road.
Sam Warren of the Patriot Guard Riders said Texas roads don’t feel safer, notwithstanding the decline last year in motorcycle deaths. He added that 460 such deaths is still a huge number.
Warren blamed distracted drivers for some of the risk that motorcyclists face. He said he frequently sees drivers on the phone or texting as their cars swerve into lanes occupied by motorcyclists.
“We have two little rubber patches in contact with the ground,” he said. “We don’t have the stopping ability that the cars do.”
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Whiplash Pain or 'Crying Wolf'
Whiplash claims are so very common now that companies are becoming wary of claimants perceived injuries. Whiplash has no visible signs but as any genuine sufferer will confirm the damage and pain caused can have far reaching effects. Apart from the physical treatment which in itself can be traumatic for some patients what level of scrutiny does psychological injury receive?
Source: http://EzineArticles.com/8117329
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Qualities of a Good Injury Attorney
The first thing you should do after an accident in which you are a victim is to contact an injury attorney. However, not all of them have the relevant qualities that qualify them to be good. To know which injury attorney is suitable for you, consider the characteristics below. These attributes will make your association during the proceeding good and your suit fruitful.
Source: http://EzineArticles.com/8114479
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