Walking, more than jogging or any other activity that people do on foot, is the most common pedestrian activity. Today, it has even become the preferred way of transportation for tens of thousands of Americans.
So many factors, however, put pedestrians’ lives at risk – the first of these factors is motor vehicles, followed by bicycles, especially those ridden in parks, jogging lanes or walk lanes, and then there are the faded or absence of crosswalks (especially in rural areas), uneven and/or cracked sidewalks that can be a cause of trips and falls, debris on walkways, and roads that are inadequately lit at night.
Records from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Association (NHTSA) show 4,743 fatal pedestrian accidents in 2012 plus 76,000 more which resulted in injuries (some of these injuries also led to death a few days after the accident); this means one pedestrian killed every two hours and one injurious accident every seven minutes. There was a very slight decrease in the number of fatalities in 2013, at 4,735; however, in 2014, the number again increased to 4,884.
In 2015, the U.S. Department of Transportation had safety of pedestrians and bicyclists its top priority. It convened University Transportation Centers (UTCs) and other transportation agencies and started the Safer People, Safer Streets program. In this program, the different transportation agencies were asked to conduct road safety assessments, as well as identify and remove barriers to improve non-motorized safety.
Pedestrians, obviously, do face great risks – in rural areas, but more so in urban settings where traffic is almost always heavy. The only sad thing about these risks is that majority of these are results of negligence.
Pedestrians accidents, however, as mentioned in the website of the Todd J. Leonard Law Firm, can occur not only in crosswalks or public streets, but also in public parking lots, such as malls, supermarkets, commercial establishments, parking garages or private driveways. Legal liability also differs from one case to another due to differences in circumstances surrounding the accident.
Whatever the circumstances, continued the said law firm, injured victims require the same thing: “a straightforward answer about the likelihood of being able to collect financial compensation to help pay for medical bills, lost wages, and pain and suffering.” Though proving liability in a pedestrian accident can be a really challenging task, a victim, or his/her family, may be able to ascribe fault to the driver of the motor vehicle, but only through the help of a highly-qualified personal injury lawyer. It will be a wise move not to take chances with just any lawyer as this can cost the victim the compensation that he/she has the legal right to claim and which will enable him/her pay for the treatment that will lead to his/her recovery.Read More
Not many people are aware of the extent of the problem that elder abuse can lead to. According to a 2010 Census, about 40 million people in the United States are over the age of 65, with the number expected to grow up to 20 percent in the next two decades. A great majority of the elder abuse is sadly from their caregivers and is brought about by a number of factors, but mainly due to the elders’ dependence on others for their care due to mental inadequacy and physical frailty. This vulnerability has lead to various types of elder abuse, including mental, physical, emotional and even financial abuse.
Legally, elder abuse is defined as “any type of abuse or neglect of people over the age of 60 from a caregiver or another person in a relationship other than their usual caregiver”. Unfortunately, the frequency of elder abuse is not readily available and data is not clear because many cases are not reported. Furthermore, those who assist the elders do not have enough training to really distinguish the signs of elder abuse or neglect, causing the incident to continue. The fact that the most common form of elder abuse is psychological abuse that is very hard to identify. This has lead many personal injury attorneys to file a case against many caregivers and nursing home staff in behalf of the families because they are not very familiar with the process of injury claims and nursing home abuse cases.
Elder abuse can occur in any type of environment, with majority of the abuses taking place in nursing homes. The effects of elder abuse can depend on the type that the senior has experienced. Physical abuse can lead to permanent disability, while emotional and psychological abuse can affect the senior’s mental state. Financial abuse can empty the person’s financial resources which hinder their access to medical treatment. Suspecting any type of elder abuse should be reported to the right authorities to address the problem. Contacting a personal injury lawyer would be a good decision in order to address the situation accordingly and discuss your legal options.Read More
After attending a family reunion in Cleveland one sunny Monday of August 2010, Susan Slattery, with hers two sons, Peter, 16, and Matthew, 12, started home for Baltimore on their red Ford Focus. Douglas Bouch, a 30-year veteran driver, had just hauled three trailers to Indiana and was pulling three more back home to Greenville, Pennsylvania. On the Ohio Turnpike, he found himself driving behind Susan’s vehicle which braked for a construction zone. Despite the stopped car ahead,
Bouch’s big rig which was running at 65 mph did not slow down. Instead, it rammed Susan’s car into another semi-truck and collides with five other vehicles before resting at a concrete highway divider and bursting into flames. The collision killed Susan, aged 47, and confined Matthew in a wheelchair due to traumatic brain injury. Peter, despite his broken eye socket and pelvis, survived the accident, but would never talk about it. Bouch, the driver of the rig, was unhurt in the accident. He confessed of having had only three hours and 20 minutes of sleep and of dozing off behind the wheel prior to the accident.
Four years after the fatal accident, Bouch, a Baptist, could only say that God had a plan for Susan to die that day and for him to drive the truck: it was her “expiration date.”
Many will call this “religious delusion,” some others will not. Regardless, had Bouch taken enough sleep, would the accident have happened?
Rather than a heavenly design, what happened was simply a result of very poor and negligent choice. Drowsy driving is an extremely serious matter. Different government agencies, including the National Highway Traffic Safety Administration (NHTSA), the Centers for Disease Control and Prevention (CDC) and the Federal Motor Carrier Safety Administration (FMCSA), see it as a major cause of truck accidents resulting to serious injuries and deaths.
In the CDC website, it is explained that “falling asleep at the wheel is clearly dangerous, but being sleepy affects your ability to drive safely even if you don’t fall asleep. Drowsiness:
Many drivers, it is true, put themselves to the limit (for a higher take home pay, but this is another story) and many trucking firms force their drivers to push themselves to the limit too (for higher profits): attitudes that continue to put so many lives in danger.
This is nothing short of violation of safe driving laws mandated on truck drivers and trucking firms. According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., if drivers and truckers cannot correct it, a legal action probably will.Read More
There comes a time in life where we will not be able to take care of our elders anymore, whether their health requires more care or we move on to the next phases of our lives. Placing the elderly in an assisted living facility is always a difficult thing to do, but sometimes it is the most beneficial for everybody’s situation. Since we are not able to attend to their needs anymore, it is only right to find a place and a staff that would provide our loved ones with the best care and assistance that they need in their daily lives, according to SeniorAdvice.com.
According to the Small Business Development Center, roughly one million Americans reside in senior care facilities. Aside from the cost and method of payment, we should be able to assess what kind of facility we will enter our loved ones into. The first thing you should be looking for in an assisted living home is its cleanliness, since this is usually the root of much bigger problems. If the place is not well-maintained, it could pose future problems to the elderly. Visiting a facility when there is an activity happening is also a good strategy in finding the perfect care facility, according to aplaceformom.com. You may also want to observe the behavior of the staff during your tour, since it will be an indication of their action towards your loved one in the future.
Visiting all the areas and partaking in the facility’s meal plans will also lead you to making informed decisions regarding those aspects of the institution. Any concerns regarding the personal care and safety issues should also be tackled when you transact with the designated officers and staff at the facility. If you remain undecided after talking with the staff, asking for feedback from the families of those people who are already living in the community will be of great help. They may be able to provide sufficient information for you to decide on. All in all, doing a thorough research before admitting an elderly in a facility is always helpful in making a conclusion.Read More
Having a baby in a clinic is common now, and several moms-to-be don’t usually have to stress that hospital neglect can occur that could ultimately cause harms. However it occurs more frequently than many people believe, and the implications for both the family in addition to the infant usually are far reaching and frequently devastating.
Clinic disregard means the disappointment to provide a sensible remedy to its individuals. According to the website of the Driscoll Firm, the different forms of hospital negligence include:
These affect the general patient population, including neonates and moms. In beginning harms, practice negligence assumes exceptional forms including the poor use of forceps, the letdown to monitor the mom and fetus for hardship, loss in blood, or disease, or delays in executing a crisis cesarean section actually when plainly suggested.
For example, a child whose air is limited or is subjected throughout the start of their life to brain injuries might obtain an on-going cerebral palsy, a non-progressive problem which can cause the kid to miss certain milestones that are particularly needed in growth and development. Cerebral palsy could possibly be the consequence of some mistake during delivery and the effect could be the foundation to get a clinic negligence claim, which the kid’s parents will normally submit when the situation is first comprehended.Read More
Every day, millions of American purchase products to utilize in their daily lives. These products are necessary to maintain their household, and are often used by all members of the family. It is very unsettling then, when these products prove to be defective and harmful to those who encounter them. These unsafe situations can be extremely problematic for everyone involved.
According to the website of Nashville personal injury attorneys at Pohl and Berk LLP, common occurrences harmful product defects include: pharmaceutical defects, toxic food products and containers, dangerous childcare products and toys, defective vehicles, manufacturing defects, design defects.
Toxic food products often affect a large group of people at once. When a food product proves to be toxic due to a temporary or isolated contamination, it is often not apparent until a large group of people become ill, and the food product is discovered as the link in their diets. At this point, the product is recalled.
Some of the most harmful product defects in this category are dangerous childcare products. Sometimes, products marketed to children fail to make parents aware of the dangers they could pose to their child. Examples of this could include toys coated with poisonous paint, or toys with pieces so small that they are a choking hazard to children in the age group that they are marketed to. Even parents who practice extreme caution with their children can have their child be harmed by a defective product if an oversight by the manufacturer causes the company to not make the parent aware of the potential hazard a product poses to their child.
Injuries involving defective products tires are some of the most harmful and stressful incidents that someone can experience. These never occur on purpose, and are always unexpected. However, they are unfortunately often the fault of the carelessness or neglect of the product manufacturer of another party. In these cases the victim of such an injury may be owed certain damages.Read More
If you think that there is anything simple about a personal injury lawsuit, you have another thing coming. Even when a case seems straightforward enough, many problems that may arise can delay or even derail a personal injury lawsuit.
There are many types of personal injury lawsuits. For a comprehensive list of the different types and a brief explanation of each, click here. However, all personal injury lawsuits have two things in common: serious injury and liability.
It is not always easy to determine how serious an injury is. If the plaintiff becomes disabled or requires several surgeries, then it is obviously a serious injury. However, questions may arise when there are no obvious signs of injury, such as in whiplash injuries traumatic brain injury. It can be even more difficult to prove when the injury is emotional or psychological. When the level of injury is in question, the lawyers will have to produce a preponderance of evidence to demonstrate the extent of the injury.
The same applies for proving liability. Liability assigns fault to a defendant for being the proximate (direct) cause of injury to the plaintiff. In cases where the victim was injured in a car accident because the driver was drunk, there is usually enough evidence to assign fault. However, this is not always the case. Some injuries take time to manifest, such as mesothelioma (asbestos exposure) or uterine cancer (power morcellators), so the lawyer has to show evidence that points directly to the defendant as the proximate cause of the injury.
In many cases, the evidence comes from the attending physician and other medical experts. If they can state clearly that the injury was caused by a certain act or failure to act of the defendant, then the job of the lawyer becomes easier. However, if there is some doubt about causation, then the plaintiff’s lawyer has to find a way to convince a jury (or the insurance company if it is for a settlement) that there is a high likelihood that the defendant is liable.
These types of problems are common in personal injury lawsuits, because the plaintiff has the burden of proof. The defendant only has to introduce reasonable doubt. To have a good chance of winning your case, you need an experienced lawyer that handles this type of cases.Read More
Commercial trucks accidents cause devastating damages and injuries simply from its size and power. When these become involved in a road accident, the blame can be given to a number of people: from the driver, the truck company or operator, the truck manufacturer, and even the people performing the maintenance and loading of the cargo. There are various factors that come into play in a truck accident, and for victims, these can be a big hurdle when trying to get compensation from a personal injury or wrongful death claim.
According to the website of Ausband & Dumont Law, if you believe that the truck driver’s negligence is the main factor for the accident, then you have to be able to prove it in court. There a number of ways a truck driver can be considered negligent, among them being:
You need to hoe evidence of the truck driver’s negligence in order to have a proper personal injury claim against him specifically. Consult with a lawyer who knows the laws in your state and has wide experience in personal injury and car accident claims in order to win the claim.Read More
The enormous size of an 18-wheeler truck or big rig definitely creates greater threats in the event of an accident. Compared to other vehicles, trucks also weigh more, thus requiring a longer stopping distance. But despite the risk these huge vehicles pose on the road, they cannot be disallowed to operate due to the major contribution they provide in the nation’s economy. Trucks transport goods that keep businesses alive; limiting their operation will, therefore, greatly affect the business operation of many firms.
Often, these goods need to be delivered to another county, a task that would require very long driving hours. It is, therefore, normal for many truck drivers to be behind the wheel for more than 10 hours a day, thus, the different governmental agencies make sure that, despite this long driving work requirement, drivers do not experience sleepiness and fatigue, and that the truck they drive are always in good condition.
The Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA) and, most especially, the Federal Motor Carrier Safety Administration (FMCSA), which is primarily responsible in ensuring the safe operation of commercial motor vehicles (CMV), work together in making US roads and highways safe from any accidents that would involve trucks. To attain the highest level of safety, these agencies have set and strictly enforce the following requirements:
To reduce the risk of truck accidents, the said agencies do not focus their attention to truck drivers and trucking companies only. They also constantly issue precautionary measures that drivers of smaller vehicles should observe, like:
In case of an accident, though, it will be a very wise decision not to delay contacting a personal injury lawyer for the possibility of a legal action that will allow the injured victim to seek and receive compensation for any injuries sustained.Read More
One of the most common legal threats presented is that of ‘assault and battery’ or, simply, assault. There is a definite misunderstanding with the legal term because these are two separate legal implications in and of themselves; any one person can be charged with either assault or battery, sometimes both. Assault is the threat of violent action against another natural or juridical person, paired with the show of physical evidence that the person is capable of carrying this threat out. Battery involves actual physical violence against another party.
However, a Collin County defense attorney could argue many points in the defense of the accused. After all, ‘assault and battery’ can be considered a blanket terminology, which is to say that there could be several legal stipulations beneath the term that could come into play. There are also several points that could be argued in the defense of the accused. If, for example, the accused and the defendant had both given their consent for physical contact (e.g. if both parties are participants in some sort of athletic activity such as martial arts, basketball, or rugby), then the defense of consent could be played into court. There are more than just this defense available but it is not the responsibility of the accused to determine what defense against violent crimes is best used in the court of law; that decision is to be made by legal experts on board with the case.
There are many legal consequences that could come from even the accusation of ‘assault and battery’, much more a conviction in a court of law. Not only do charges of this nature usually come with fines, imprisonment sentence, or both; this can also affect the opportunities left available for the accused and the accused’s family for the rest of their lives for this will be on record and presents a negative stigma in today’s society.Read More