Personal Injury Law Blogs

Your Legal Rights When Pulled Over

pulled over legal rights

Looking in your rear-view mirror and seeing the flashing red lights of a police car signaling you to pull over often causes immediate stress.  It may be even more worrisome if you are pulled over due to suspicion of drunk driving.  A MI drunk driving conviction can have serious, lifelong consequences.  In Michigan, as in other jurisdictions, driving while under the influence of alcohol is a criminal offense. A conviction may result in fines, community service, jail time, installation of an ignition interlock device, or revocation or suspension of your driver’s license.  Furthermore, you may lose your job, and your auto insurance rates will likely skyrocket.  The best way to effectively defend against a drunk driving charge is to understand and assert your legal rights when you are pulled over by a cop.

Know Your Legal Rights
When you are pulled over by a police officer for suspicion of driving under the influence, the police officer may request that you submit to field sobriety tests as well as a preliminary breath test.  Under Michigan law, you are not legally obligated to agree to a field sobriety test.  Declining to take a field sobriety test alone will not result in arrest, fines or license revocation.  Under the Michigan Implied Consent Law, all Michigan drivers give consent to the preliminary breath test.  Despite this implied consent, you may still decline to submit to a breath test.  However,  if you do decline, the police officer may charge you with a civil infraction that may result in a fine.

Should the police officer decide to arrest you for suspicion of drunk driving or any other offense related to the traffic stop, the officer is required to advise you of your legal right to remain silent.  This means that you are not required to and should not say anything potentially incriminating related to the traffic stop, the arrest, and your activities leading to the arrest.  If, for example, the police officer asks you what you drank, or if you were at a party or bar, simply respectfully let the police officer know that you are asserting your legal right not to answer those questions.

Remain Calm and Cooperative
Your demeanor may have an impact on how you are ultimately treated by the police officer.  Be polite.  Follow the instructions of the police officer.  If you chose to decline a field sobriety test or a breath test, do so politely and respectfully.  Showing impudence, impatience, or anger will not help the situation and is more likely to raise the overall level of anxiety of both you and the police officer.  It may also strengthen suspicions that the police officer already has that you are indeed intoxicated.

Contact Experienced Representation
Cases involving drunk driving are very complex.  Should you find yourself in the unfortunate situation of being pulled over by a police officer and arrested for drunk driving or any other offense involving operating a vehicle while under the influence of alcohol or drugs, it is important to not only understand your legal rights and the consequences of asserting them.  It is also critical to quickly retain legal representation by someone experienced with drunk driving cases.

 

This guest post was provided by Paul J. Tafelski, a Michigan attorney experienced in DUI cases.

The Airbag Wars

In the rather short annals of the ubiquitous automobile, many wars have been waged in the interests of certain developments in the industry. At the beginning, it used to be over horsepower, then fuel economy and now in the name of all things, the number of airbags. Many cleverly composed magazine as well as television ads featuring automobiles frequently boasts about the number of airbags they provide in their cars as a highly competitive advantage and so reason enough to go out and buy them.

More Airbags do Not Mean More Safety

Here the evident allusion is that any car equipped with more airbags remains more secure than a car with fewer airbags. This signifies that an automobile having ten airbags has an edge on one that has only a mere six, in terms of safety. However, facts points to the contrary.

A car having six to eight airbags can secure the bodies of all occupants as carefully as one provided with 10. A long single head-protecting airbag placed on the side might provide the same coverage as three individual airbags.

Moreover, an airbag by itself cannot render a car safe. In fact, it is an intricate device that functions in tandem with an automobile’s metal body along with its seatbelts in order to safeguard the occupants. Airbags less in number, but superiorly designed, placed within the confines of a perfectly engineered car shell can function better than a plethora of airbags in cars that provide no protection of its own.

The Proof

The U.S. Government’s National Highway Traffic Administration in collaboration with the Insurance Institute for Highway Safety made a study of the topic and their crash test results more than prove this fact. The study found that vehicles that are not equipped with side airbags do not earn a high rating in the side crash test. However, some vehicles had to be satisfied with a poor rating even in spite of the air bags. This signifies that although air bags are crucially important, they by themselves cannot guarantee passenger-safety.

Kinds of Airbags

Front airbags: In a frontal crash, front airbags emerge from the dashboard in order to protect both the driver as well as the front passenger. These bags are legally required on every car. Interestingly, early airbags caused injuries and also a few deaths even in minor accidents. This was because, to open quick enough to safeguard the occupants, they opened with sudden force, causing injuries, particularly to little children or passengers who were not sitting sufficiently back from the dashboard.

Learning from past mistakes, most cars are now equipped with airbags that open in various  ways, according to what the sensors perceive about the position or size of the individual present on the seat. In case the sensors notice a child, or the individual is leaning forward, the airbags tend to swing open slower or take on a much smaller size.

Side Airbags

Side airbags protect passengers from getting hit from the side. Statistics reveal that these are extremely successful. According to data provided by the Insurance Institute for Highway Safety, airbags, protecting the occupants from their shoulders or below, bring down fatalities caused by side impacts by as much as 26%. In the same way airbags that protect heads lessen fatalities by an incredible 37 %.

Leg Airbags

As lives are increasingly saved by front and side airbags, leg injuries caused by head-on crashes have been receiving added attention. Some cars are now fitted with airbags under the dashboard in order to secure the legs and knees of occupants. However, David Zuby, Vice President Vehicle Research, the Insurance Institute for Highway Security, is doubtful about the efficacy of leg airbags as there is a lack of evidence to confirm that they protect occupants from leg injuries.

Byline

Johnny Rocko is a freelance writer who concentrates his energies on legal topics such as Car Accidents, Personal Injury, Intellectual Property, Criminal Defense, Civil Procedure and other areas as well.

Navigating through the Disability Benefits Maze

There are those out there who will claim that people receiving any type of government help are moochers, but as anyone who has submitted a long term disability claim and received benefits from the Social Security Administration (SSA) could attest to, being unable to work is no picnic. Sadly, once a person has ceded to the fact that they need disability benefits, they have a long and winding road ahead of them to receive this help. This makes it important for them to know the process and how to make it a bit easier on themselves.

Meeting Eligibility for Benefits

The first thing that a person should do to make the road to disability benefits easier on themselves is to ensure that they meet the eligibility requirements and speak to a social security attorney who can offer Disability Benefits Assistance. A person, for instance, must not have substantial gainful employment. This is considered work that brings in over $1,040 a month for the 2013 calendar year. Additionally, individuals must have a documented disability that is foreseen as lasting more than one year. There are several other requirements as well, and all of them can be found on the Adult Disability Checklist on the SSA’s website.

Getting Proper Documentation

While it’s possible to win cases without strong supporting evidence from medical professionals, it’s extremely unlikely. To make the application process go smoother, a person should get documentation from their doctor that speaks towards their specific disability. It’s not enough for a doctor to simply send a letter stating that they think a person is disabled; this is a decision the SSA will make. Specific causes and conditions should be mentioned in a letter from a physician.

Applying for Benefits

Applying for benefits may be one of the simplest parts of the whole disability claim process, but that doesn’t mean that acceptance will come easily. The application for benefits can be done at a local SSA office, but this requires making an appointment. Sadly, these appointments can take months to occur. The easiest way for a person to file is to visit the SSA’s main website and complete the Disability Benefit Application, the Adult or Child Disability Report and the Authorization to Disclose Information to the Social Security Administration. This begins the application process immediately. For assistance and to make the process easier you can contact a social security attorney.

Handling a Denied Claim

It’s a sad fact that the majority of initial disability claims are denied. This is often due to fraud prevention mechanisms that were put into the rules when the whole system was created. Sadly, this can lead to unfair denials of benefits. However, as stated on www.disabilitydenials.com, “If your claim for disability benefits was wrongly denied, that same claim – with proper legal representation – can be appealed and won.” A person, once denied, can immediately ask for a reconsideration from the SSA. Unfortunately, if they haven’t garnered any additional evidence to bolster their claim, they’ll likely face the same result.

The smartest thing to do after a denial is to hire a disability denial attorney. After two denials, a person’s only option is to file for an administrative court hearing. This means that benefits denials can turn into long and drawn-out legal issues. As with any legal issue, it’s pertinent to have a lawyer on one’s side. This becomes exceptionally true when it’s the government that a person is going against.

Applying for SSA benefits is often a disheartening and tedious process, but unfortunately, it’s one that many of us are forced to make. The only thing that a person can do is grit their teeth, wait for word from the SSA and try to make the whole process as smooth on themselves as they possibly can. Very rarely, the process may go easy from the start; other times, legal help may be essential. Regardless, the important thing is for a person to keep fighting for the benefits that they deserve.

Legal researcher Shelby Warden shares this information to help those who need to apply for disability benefits. The law firm of Marc Whitehead & Associates provides more detailed information on disability claim denials at www.disabilitydenials.com. The firm’s skilled attorneys help clients across the nation obtain the benefits they are entitled to.

Year in Review (2011)-Car Accidents

car accidents year in reviewIf you live in Alabama, you may already know that you are at a high risk of being involved in some kind of car accident at some point in your lifetime.  Alabama’s US Route 431, once made a “Dangerous Roadways” list and was coined “Highway to Hell”.  While some improvements have been made, the statistics show that driving in Alabama is still dangerous.  According to the University of Alabama’s Center for Advanced Public Safety (CAPS) annual “Crash Facts” report, a typical driver in Alabama has greater than one in three chances of involvement in an injury or fatal crash while operating a vehicle over their lifetime.  Whether you have been involved in multiple car accidents in Birmingham or a single-car accident in Homewood, you have become part of the projected 98 percent probability of individuals’ involvement in a car accident.

2011 Alabama Crash Facts: A Year in Review

Most all car accidents are preventable.  Whether an accident occurs because of a distracted driver, a driver making careless decisions, or traffic congestion, there is always room for improvement and safety precautions should always be followed when possible.  According to CAPS the following occurred, on Alabama roadways, in 2011:

–          In the 814 reported fatal crashes, 899 people were killed.

–          Every 247 seconds (or a little over every 4 minutes), a traffic crash was reported.

–          Approximately every 13 minutes, a person was injured in a crash.

–          Approximately every 9 hours and 44 minutes, a person was killed in a crash.

–          Of 377 fatalities, no seatbelt was used.  That’s 42 percent!

–          Most crashes occurred in urban areas (75 percent) while most fatalities occurred in rural areas (60 percent).

–          Of all drivers of fatal crashes, 8.3 percent were between the ages of 16-19 and 18.6 percent involved drivers under the age of 25.

–          49.6 percent of fatal crashes occurred at night

–          The pedestrian death toll was 84, motorcycle or moped rider fatalities were 97, and 5 bicyclists were killed.

–          For unrestrained front seat occupants, the probability of being killed is about 50 times higher than those who wear seatbelts.

–          The typical Alabama car accident occurs between vehicles or when a vehicle collides with a fixed object.

–          The most crash-prone day of the week is Friday with more fatal crashes on Saturday.  The most accident-prone period of the day is between the hours of 3 and 6 p.m.

In Birmingham, the number of crashes decreased between 2010 (9943) and 2011(9811), while the number of persons killed increased between 2010(29) and 2011 (42).  Additionally, the number of people injured decreased between 2010 (1931) and 2011 (1851).

Accident Factors

Driving under the influence of alcohol or drugs is an illegal and a danger to all drivers and passengers.  In 2011, 10,009 drivers were given DUIs.  DUIs and alcohol related crashes can be prevented if drivers take the responsibility to know when they’ve had too much to drink and abstain from getting behind the wheel.

While it’s hard to determine accurate statistical data for distracted driving related incidents, it is safe to say that at least 125 fatalities, 4,000 injuries, and 15,000 crashes occurred in Alabama in 2011.  Distracted driving occurs when a driver becomes inattentive to his/her driving and often cellphone usage and texting are to blame.  In August of 2012, Alabama passed a ban on texting while driving.

Looking at Alabama’s Crash Data, it can be assumed that there were some improvements and advances on the roadways, but there is always room for more.  Educating Alabama residents with startling statistics can be effective, but only if it becomes a catalyst for change and improving safer driving habits for all drivers.  As a driver, follow all the necessary safety precautions so that you become one less statistic on busy and dangerous Alabama roadways.

Company heavily fined after worker suffers serious injuries in fall from brick kiln

A company has been heavily fined after it breached UK health and safety laws.

This case demonstrates that companies should always take health and safety advice and employment law advice from expert professionals. A failure to apply proper health and safety standards in this particular incidence led to serious injuries to an employee.

A Cheshire-based company has been heavily fined by Darlington Magistrates Court after it found that it had committed serious breaches of health and safety which resulted in a potentially life-threatening injury to one of its employees.

Mr David Snow, 56, was working for Weinerberger Limited when the accident occurred on 18 January 2012. On the day in question Mr Snow was working as usual at the company’s brick-manufacturing plant in Bishop Auckland. He fell from the roof of one of the industrial brick ovens at the plant and suffered serious injuries to his skull and left leg, including a fractured skull and several breaks in his left leg. This resulted in Mr Snow having to undergo major reconstructive surgery and – a year later – still being unable to move without the aid of crutches or a wheelchair.

The accident happened on 18 January 2012 after Mr Snow, one of the kiln operators, had to climb on top of one of the ovens to release an exit door that had been jammed open since December 2012. As he tugged at the door he lost his balance and fell almost ten feet to the floor below, sustaining the above injuries. The HSE was notified of the accident and subsequently started an investigation. This investigation resulted in a recommendation that the company be prosecuted for a failure to adhere to health and safety regulations.

The matter came to court this week. Darlington Magistrates Court heard evidence that the company had failed to take any measures to prevent injuries to workers when they were compelled to work at heights and that the company had also failed to provide a safe system of work for employees who were attempting to un-jam the doors.

Weinerberger Ltd was found by the court (after the company pleaded guilty) to breaches of s.2(1) of the Health and Safety at Work etc Act 1974 in failing to provide a safe system of work for its employees. It was ordered to pay £4,190 in costs and was fined £13,500 as a result of the breach.

Chris Hadrill, an employment law solicitor at Redmans, stated after the result of the case that it “shows how life-changing breaches of health and safety can be. The company in this instance was found to be at fault for the injuries that Mr Snow sustained at work”.

It is not known whether Mr Snow is also pursuing a personal injury claim against the company.

If you’ve been injured in an injury at work then you may wish to pursue your employer for personal injury. If you choose to pursue a claim then it may be settled through a compromise agreement or you may have to go all the way to court to achieve justice.

Redmans Solicitors are employment law solicitors based in London

Companies prosecuted for health and safety failings after fall at work

Two East Anglia companies have been prosecuted after a worker suffered serious injuries after a fall at work.

This case demonstrates that companies should always take health and safety advice and employment law advice from expert professionals. A failure to apply proper health and safety standards in this particular incidence led to serious injuries to an employee.

Two companies, NMH Property Services Ltd (“NMH”) and SEH Commercial Ltd (“SEH”) were in court this week after a former employee of NMH, Mr Constantin-Iulian Pascu, 25, suffered extremely serious injuries after he fell thirty feet through a roof and onto a concrete floor.

The accident happened on 7 December 2011 when Mr Pascu was working for NMH installing solar panels at Bayford Hall Farm with Ipswich-based SEH. Mr Pascu was working at height with an electrician from NMH carrying out the final connection and commissioning of the solar panels when the incident happened. Both workers were climbing on the scaffolding to carry out roof-level checks but Mr Pascu failed to see a rooflight and fell through the persplex window onto the floor below. This resulted in Mr Pascu receiving serious injuries to his spine, pelvis and upper body; he suffered a fractured spine, broken pelvis and lacerations to his upper and lower body. These injuries meant that Mr Pascu was unable to walk without help for four months and was unable to work for six months.

The Health and Safety Executive (“HSE”) was notified of the accident and investigated. This investigation recommended a prosecution of the two companies, NMH and SEH.

he matter came before the Hertford Magistrates Court yesterday. The court heard evidence that SEH had erected scaffolding to carry out the works and had originally installed safety netting to prevent injury to workers from falls. However, the safety netting had been removed on the previous day (6 December 2011) as the works were coming to a close. The court further heard that the NMH electrician had inadvertently smashed a perspex rooflight when he was conducting his work on the 6 December and that the site manager had inspected this, concluding that it did not pose a risk. However, he had failed to notice that the safety netting had been removed and the matter was not reported through the proper channels. Mr Pascu’s fall happened the next day.

Both companies pleaded guilty to health and safety breaches. NMH was found guilty of breaching Regulation 9(2)(b) of the Work at Height Regulations 2005 and SEH was found guilty of a breach of Regulation 13(2) of the Construction (Design and Management) Regulations 2007. NMH was fined £5,000 and ordered to pay £2,219 costs. SEH was fined £15,000 and ordered to pay £4,437 costs.

If you’ve been injured in an injury at work then you may wish to pursue your employer for personal injury. If you choose to pursue a claim then it may be settled through a compromise agreement or you may have to go all the way to court to achieve justice.

Redmans Solicitors are employment law solicitors based in London.

Safety When Vacationing

Your family vacation is the ideal opportunity to relax while reconnecting with your loved ones. Sometimes, in the rush of preparing for your vacation, it’s easy to forget that some simple safety tips and preparation can reduce your headaches, keep you safer on your trip, and reduce your chances of going through a personal injury claim. Although many people believe that personal injury accidents won’t happen to them, it is actually a very real possibility. Injuries resulting from an accident while on vacation can ruin the entire experience, and lead you to suffer for many weeks or months after the incident has occurred. These injuries may also require you to undergo therapy or hire an auto accident chiropractor. Wherever possible, plan in advance to stay safe.

Check Out The Area

Before leaving on your trip, do some investigations about the entire area. Most families tend to focus on attractions and hotel accommodations, but there are other factors that should affect your decision about where you stay. Checking out crime statistics and reviews from other travelers is one way to keep your family away from harm. One of the most disappointing aspects of a family vacation can be arriving to a location that doesn’t match up to your expectations. Make sure that the area is well lit and relatively safe. Not only will your children feel safer, but you will be able to relax much more easily feeling that the entire family is safe and protected.

Stay Alert at Night

When traveling at night, exercise extra caution. One dangerous aspect of many family vacations is the use of a rental car. Not being familiar with an individual car can reduce your reaction time and lead to accidents. Take some time getting familiar with the vehicle during the daytime so that you don’t feel as uncomfortable when the sun sets. Familiarize yourself with your plans for the day before setting out. Although it might seem like old school behavior, invest in a map of the area or print out your exact location to make it easier to find in case you get lost.

Have a Backup Plan

Make sure that you have plenty of extras. Although many places will accept credit cards, it’s likely that you’ve heard a horror story from a family member, friend, or neighbor whose bank or credit card company detected fraudulent activity and blocked the cards during the entire vacation. Always be prepared for such emergencies with traveler’s checks, extra cash, or a prepaid debit card. In the event of an emergency, you’ll still be able to afford your vacation. Take the extra step and contact your bank and credit card companies in advance to alert them of your impending travel locations.

Get Assistance

Finally, appoint someone else to assist you with navigation whenever you are traveling by car. Especially when you are in a new area, it can be frustrating and highly distracting to be looking at a map and determining your next step. If you can ensure that someone else in the vehicle is helping you at all times, you’ll be able to keep your focus on the road and reduce the likelihood of a car accident. Just a few simple preparation steps can put you on the path to an excellent and safe vacation. What safety tips have helped you avoid trouble on vacation?

The Largest Personal Injury Verdict in History: $4.9 Billion

The largest personal injury verdict award in history, $4.9 billion, was given to a group of six litigants, Patricia Anderson and her four children along with family friend Jo Tigner. They were the victims of a fiery crash in a 1993 accident in Los Angeles that caused permanent scarring and injury to the passengers of the family’s 1979 Chevrolet Malibu. The cause of the fire and resulting injuries came from a flawed design of the vehicle’s gas tank, which was placed in a vulnerable area near the rear bumper, making it susceptible to a rear end collision that would either explode or start a fire.

The company found, in an internal study, that the cost of litigating claims for accidental deaths t that resulted from rear end damage was much lower than repairing the known defect ($2.40 per vehicle sold to litigate claims versus $8.59 per vehicle to fix the problem). The internal study, when released in court, provided the bombshell that turned the case in the favor of the plaintiffs. Although the total amount awarded was significantly reduced on appeal and through settlement negotiations, when General Motors filed bankruptcy on June 1, 2009, the outstanding amount due the Anderson plaintiffs was reorganized to payments worth 12 cents on the dollar for all outstanding claims related to the case.

 The Case

The plaintiff, Patricia Anderson, was driving home from her Los Angeles area church after a Christmas Eve service, December 24, 1993, with her five passengers when she slowed to observe a red light signal. A drunk driver traveling at a high rate of speed (between 50 to 70 miles per hour) plowed into the rear end of the Anderson vehicle. The car exploded into flames as a result of the collision and the children suffered major burns.  Ms. Anderson’s five year old daughter Alisha, who was one of the passengers, suffered horrible disfigurement of her face and body and lost her right hand as a result of the accident.

 The Issue

General Motors had been made aware of the problem related to the placement of the gas tank close to the rear bumper and the potential for a fire hazard. In the 1979 model year Chevrolet Malibu, the gas tank was placed a mere 11 inches from the rear bumper although in earlier models, the tank was mounted 20 inches from the rear bumper. The near ten inch difference in the placement of the gas tank meant that the rear of the 1979 Chevrolet Malibu was at a much greater risk exposure to fire than the older model vehicles. Attorneys for the company rationalized that if a death or personal injury were to occur as a result of the gas tank catching fire or exploding, the company can save money by litigating claims as oppose to making the investment in recalling the cars and fixing the problem.

 The Trial

The lawsuit filed by the Andersons was heard in the Los Angeles Superior Court, Judge Ernest G. Williams presiding. At trial, the attorney for the Plaintiffs, Brian Panish, stated in reaction to the jury verdict that the message was sent to companies like General Motors to put people ahead of profits. The lynchpin for the verdict was a 1973 internal memo sent to General Motors management from an engineer with the Oldsmobile division, Edward Ivey, which gave the estimate for litigation of accidents involving the gas tank and setting that figure at $2.40 per vehicle.

General Motors was surprised by the jury award and felt that the gas tank design met and exceeded Federal mandates for safety. Richard Shapiro, who served as one of the attorneys representing General Motors went further to insist that the fault for the accident and subsequent disfigurement of the Anderson children and other occupants of the 1970 Chevrolet Malibu lay with the drunk driver, who was arrested and imprisoned. General Motors also felt that the trial judge refused to allow safety records and other information related to the vehicle that would have influenced the outcome of the jury’s verdict.

 The Aftermath

The amount awarded in the Anderson versus General Motors case set a record for a jury award, which stands to this day. Ultimately the $4.9 billion that was awarded by the jury, which represented $107 million in compensatory damages and $4.8 billion in punitive damages levied against General Motors was reduced and negotiated to a lower amount, due in part to the fact that General Motors annual revenues at the time were $3 billion. Any attempt by the plaintiffs to collect that actual award amount, if it had been upheld, would have bankrupted the company.

This is a guest post by Wruck Paupore Law Firm

A List of Prominent Negligence Cases

In the area of negligence law, there are various Supreme Court cases that every lawyer should know. Jurisdictions depend on a lawyer’s knowledge of these prominent negligence cases in creating a verdict for a plaintiff. Cases like Palsgraff v. Long Island and Byrne v. Boadle should be part of the everyday vocabulary of a seasoned personal injury lawyer. Each prominent case in the field of negligence law has worked to develop the definition of the elements that make up a valid negligence claim. By understanding these cases, a plaintiff can gain an appreciation for the way in which negligence claims function in the judicial system.

Palsgraff v. Long Island

This case involved a fireworks explosion that harmed a plaintiff who was riding on a train. A man had been carrying a package that contained fireworks. He dropped the package by a train, and the shock waves injured a man named Palsgraff who was riding on the train. Palsgraff ultimately sued the Long Island Railroad company for the tort that resulted from this scenario. This case was influential in negligence law for the way in which it defined the “duty of care” that a person owes to another individual. The court ultimately found that the Long Island Railroad company could not be found liable for the injury of this man, because the company could not foresee that the mishandling of a package containing fireworks would injure Palsgraff. The test resulting from this case is referred to as the “Zone of Danger” test. This test maintains that a person only may recover for the tort of intentional infliction of emotional distress if he or she is in the zone of danger in which it is foreseeable that a person would be injured.

Byrne v. Boadle

Byrne v. Boadle is another established case in the field of negligence law. This case established the legal doctrine of res ipsa loquitur. This legal doctrine means that the “thing speaks for itself,” which means that plaintiffs may recover for torts that have been obviously caused by the negligence of another person or business. In this case, a man was walking on the street when he was suddenly hit with a barrel of hay. The barrel of hay had fallen from a flour shop. In Byrne v. Boadle, the plaintiff was unable to offer any evidence that showed the barrel had fallen from the flour shop. From this case, the court held that the flour shop had been in control of the barrel that had fallen from the second story of the building. Because the defendant was in possession of this barrel, there was a presumption that the party was negligent for its falling from the window. The defendant was also found to be the proximate cause of the man’s injuries. Because there was no evidence of intervening forces, it was foreseeable that a mishandling of the flour would cause the injury to the man’s head.

MacPherson v. Buick Motor Company

This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public. In this case, a plaintiff was injured due to the sudden collapse of a wheel in his new Buick vehicle. The court held that the manufacturer had a duty to inspect the vehicles that contained this wheel, and that it violated this duty of care in allowing cars to be made available to the public in their defective condition.

Paul Denkins is a freelance writer who concentrates on important legal issues such as Traffic Law, Car Accidents, Personal Injury, Mass Tort, Intellectual Property and other topics as well.

Catholic Bishop Makes Headlines for Hit & Run while Driving Drunk

Bishop Robert McManus of the Roman Catholic Diocese of Worcester, Massachusetts, was arrested on May 4, 2013, for a DUI and a hit-and-run. The other driver followed McManus and called the police to make sure that he was brought to justice. The Bishop stated that the incident was the result of drinking wine with dinner, and he has shown remorse and the desire to face up to the legal consequences.

Incidents such as this one send a big ripple through the church community because religious leaders are held to a high standard. However, McManus’ current legal issues and complete lack of proper judgment illustrate the fact that no one is impervious to the effects of alcohol.

Victims of Hit-and-Run Accidents

If you are the victim of a hit-and-run, it can be very difficult to receive assistance for your injuries and vehicle damage. After all, if the other driver is not identified, there will be no way to sue them or their insurance company. This is one of the many reasons that law enforcement officials and judges tend to view a hit-and-run as an extremely cowardly act.

On the plus side, this viewpoint will cause the responsible party to face serious legal consequences if they are caught. For example, if a driver flees the scene of an accident in New York, they could receive a fine ranging from $250 to $5,000 depending on the severity of the incident, and they could also be sentenced to 15 days or more in prison.

Dealing with a Hit-and-Run Accident

In order to help the police identify the other driver, it is important to pay close attention during the aftermath of the accident. After all, if you are able to memorize even part of the license plate and get a description of the vehicle, it will become much easier for the police to arrest the responsible party.  If you are unable to get a useful description, you should ask any witnesses at the scene if they saw anything helpful.

It is also important to follow all of the standard accident procedures such as immediately contacting the police and, if applicable, filing a claim with your insurance company. Anyone who is injured in a hit and run should also quickly contact an experienced attorney.  As the website of a well-known Syracuse New York personal injury attorney warns, “You may have as few as 30 days to file appropriate paperwork to protect your rights.”

What Should I do if I Left the Scene?

If you hit another driver and flee the scene for any reason, it is imperative to turn back around immediately. It is extremely important to find out if anyone has been injured and is in need of immediate medical attention. Who knows? If you return to the scene quickly enough, the other driver might even agree not to tell the police that it was a hit-and-run.

However, even if you do end up charged with a hit-and-run, you might be able to get some leniency from the judge because you decided to do the right thing. If too much time has passed to simply return to the scene, you should go to the police station and turn yourself in. Again, taking personal responsibility for the accident is the best way to avoid going to jail and paying the maximum fine.

Some hit-and-run accidents can cause serious injuries and even fatalities. If you are injured as the result of another driver’s negligence, you should contact a personal injury attorney for assistance. Once the responsible party is identified by the police, you will have the opportunity to sue them for your injuries and the damage to your vehicle.

Legal researcher Shelby Warden shares this information to raise awareness of serious legal issues in our nation. The Syracuse New York personal injury attorney practice of Bottar Leone, PLLC is limited to severe and complex personal injury claims.  Since serious injuries require serious legal counsel, their trial-ready attorneys prosecute every case as through it will go to trial.