Personal Injury Law Blogs

What are Your Options If You are Injured in a Hit and Run?

According to Crime Prevention Tips, hit and run car accidents are those in which one driver fails to stop or offer assistance following a mishap that causes injury or damage. While most drivers do all that they can to render help when it comes to a situation such as this, others flee the scene of the crime. Individuals or their family members who have been injured in a hit and run should investigate all possible options following the event to ensure that justice has been obtained. Though there are a number of different choices available for individuals in this situation, some of the most common include settling on a private basis, file for injury and damages through the perpetrator’s insurance, or filing through personal insurance.

In many cases, an individual who has been injured in a hit and run will have a difficult time tracking down the perpetrator of the crime. It is important to note however, that this process is not impossible—and can often be accomplished through assistance from bystanders, witnesses, and legal experts. If an individual who has been injured in a hit and run is able to establish communication with the other driver involved in the accident, a private settlement may be made. This may include payment for medical bills, as well as damage done to a car or personal property.

Just because the perpetrator of the hit and run is located, doesn’t necessarily mean that he or she is willing to participate in a private settlement. Oftentimes, hit and run victims may believe that this is not the best option for them when working to achieve justice. Instead, individuals who have tracked down the person behind the hit and run may prefer to file a claim with said person’s vehicle insurance. Though getting a claim payment in this manner may be time consuming, it will also likely result in a larger and more attractive settlement total, which will include payment for medical and property bills.

As indicated previously, settling privately or filing a claim with another driver’s car insurance is not always a possibility, as tracking the criminal down may prove to be impossible. In this event, injured parties may choose to file a charge with their own vehicle insurance—which typically falls under the heading of “uninsured motorist claims.” While this is typically done only as a last resort, it is an effective way to cover the hospital and vehicle repair bills associated with a hit and run accident. Individuals who file this type of claim should be prepared to participate in a series of investigative interviews, during which all leads as to the identity of the criminal are eliminated.

Obviously, a hit and run is a serious accident that can significantly affect the lives of its victims. While many hit and runs lead to significant property damage, some also cause serious injuries and health problems. Understanding what to do when this type of accident occurs is essential for motorists and pedestrians alike. Working with a qualified legal expert can be an effective way to ensure optimal results following a hit and run that has resulted in injury or illness.

Abelson Law has had extensive experience working with Hit and Run victims and can help you get through the process.

Nursing Home Abuse: Things You Should Know

A nursing home is traditionally defined as a private institution that provides health care and residential accommodations for those who suffer from chronic health conditions. While individuals of any age may seek care in a nursing home, the elderly are most likely to reside in these facilities. Most nursing homes in the United States are top-notch facilities, designed to provide a caring and supportive environment for both patients and family members. However, despite the best efforts of most health care providers, nursing home abuse can—and does—occur on a frequent basis. Understanding the types of nursing home abuse, the prevalence at which it occurs, and ways in which it can be managed is all important for those who want to ensure a safe environment for the loved ones in our lives.

Without a doubt, abuse can take a number of forms. While many people consider abuse to be physical in nature, emotional, sexual, and mental abuse can also take place. Limited mobility, low activity level, and loss of cognition or sensory functions may make nursing home residents easy victims from the viewpoint of the perpetrator. Individuals who hope to prevent or stop nursing home abuse should therefore be on the lookout not only for bruises, cuts, and other signs of irritation—but also changes in mood, personality, and behavior. Identifying these symptoms when they occur is essential to reversing the damaging effects of nursing home abuse.

Is nursing home abuse really as prevalent as some health care experts would lead the public to believe? According to a nursing home abuse attorney,  in the state of California, more than 25% of nursing homes in the United States have received citations for abuse towards patients. With 1.5 million people living in United States nursing homes at the time at which this article was completed, it should come as no surprise that rates of abuse are staggeringly high. As the average age of citizens continues to rise, more and more individuals are likely to end up in a nursing home, where they may be the victim of a dangerous abuser.

When faced with these staggering statistics, nursing home abuse may seem inevitable—but with some care and hard work, it doesn’t necessarily have to. Individuals who believe that they have seen or been the victim of nursing home abuse are encouraged to contact the National Center on Elder Abuse, a group that works to prevent the mistreatment of elders in the community. In addition, visiting friends, family members, or other loved ones who reside in a nursing home on a frequent basis and at different times of the day can be an effective way to monitor the care and compassion of the facility. Consulting with facility nurses, aids, and consultant physicians may also be necessary from time to time to discuss the care received by patients. While this process may seem time consuming and invasive, it is essential not only for one’s family member, but all the patients of the nursing home in question.

If you feel a loved one or someone you know has been a victim of Nursing Home Abuse it is important that you contact a nursing home neglect lawyer who specializes in those cases.  Belt Law Firm can provide that specialized care.

Motorcycle Helmet Safety

To wear a motorcycle helmet or not, that is the question.  Currently, twenty states and the District of Columbia require the use of DOT approved helmets by motorcycle operators and their passengers while an additional 27 states have laws that regulate their use for portions of the motorcycle community such as operators under the age of 18.  This leaves three states that leave the decision entirely up to each rider as to whether or not to wear a helmet while riding: Illinois, Iowa and New Hampshire.

And while study after study has shown that wearing a helmet while operating a motor-driven cycle reduces the chance of suffering a serious brain injury or death during an accident, more and more riders are lobbying to have existing helmet laws repealed.  It seems that states are listening.  Saferoads.org reports that as helmet laws are being repealed, fewer riders are choosing to use them, reducing helmet use from 71% to 63% alone in 2008.

Many motorcyclists cite several reasons why helmet use should be a personal decision: from helmets causing broken necks to reduced visibility. The truth is that helmets save lives.  The Advocates for Highway and Auto Safety reports that while motorcycles only comprise 3% of all registered vehicles in the United States and a mere 0.4% of all miles traveled, they account for over 9% of traffic-related fatalities recorded each year.  Of these, 63% of the fatalities occurred in states where helmet use was not mandated.  And these statistics are rising every year.  In fact, the NHTSA has reported that fatalities among motorcycle riders have gone up 127% since 1997.

If these statistics were enough to get your attention, you should also know that by wearing a motorcycle helmet each and every time you ride, you reduce your overall risk of dying in an accident by 37%.  Additionally, the risk of suffering a debilitating brain injury is reduced by up to 67%.  Not to mention, helmets make riding motorcycles more comfortable.  How?  By reducing eye irritation from wind, sun and by deflecting bugs and other debris as well as reducing the roar of the wind against your ears.

But the question remains, should the decision to wear a helmet by regulated by the state or left in the hands of riders?  Ultimately, the responsibility to put a helmet on rests with each and every rider, regardless of the laws in place.  Laws are intended to protect citizens from unnecessary injury or death.  The NHTSA estimates that 1829 lives were saved in 2008 through the use of helmets, though an additional 823 lives could have been added to that list if helmets had been worn.  While NHTSA does not differentiate between those who chose to not wear helmets in states where they are required and the fatalities that occurred in states where helmet use is not regulated, surveys have shown that in states where all-rider helmet laws are in place, there is a significant increase in the number of people who wear them due to the high rate of enforcement.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Conybeare Law.

ICO fine companies for PPI spam texts

Recently two PPI spammers were fined £440,000 for sending out lots of nuisance texts and calls, which were gathered illegally.  The two culprits, Gary McNeish and Chris Niebel sent out 840,000 spam texts a day from their company.

The ICO lawyers suggested that people could be entitled to compensation from the Payment Protection Insurance (PPI) mis-sold by banks, with other messages suggesting money could be made from making a personal injury claim.

These texts and calls have become a constant irritation for recipients and have resulted in complaints to the telecoms watchdogs.  But the Information Commissioner’s Office (ICO) has taken action and fined the pair’s company Tetrus Telecoms £440,000.

If anyone responded to the texts the Tetrus Telecoms Company would save the names and details of respondents. Out of these leads their company would make around £8,000 a day by selling the details to claims companies.

The claims companies were warned that if they used illegal information they would also be fined up to £500,000 under the Data Protection Act.  A company involved in this instance was Accident Advice Helpline (AAH), but they denied any knowledge of the illegally obtained information.

This is the first instance in which the ICO have fined, but they are investigating other companies, so these PPI spammers need to watch out.

Leanne is the author of this article, a digital marketer researching personal injury lawyers.

What State has the Most Lenient DUI/DWI Laws?

Getting caught driving under the influence can change any person’s life; if they’re lucky enough to avoid a fatal accident, injuring an innocent person and damaging their car, they’ll only be facing problems with the law. In some states, DUI offenders learn very quickly from strict laws that driving under the influence is unacceptable, but in other states it may seem more like a slap on the wrist.

So what state has the most lenient DUI law? And how many other states are considered fairly lenient on DUI offenders?

The New York Times recently reported that Wisconsin may have the most permissive DUI laws; showing that under-aged kids are allowed to drink alcohol in public, as long as they’re with a consenting parent or guardian. This is quite contrary to the laws in many other states that can actually charge parents with supplying alcohol to minors, even their own children.

According to a dwi lawyer the issue of under-aged drinking is just the beginning for Wisconsin, with the National Survey on Drug Use and Health Reports stating that the state has the highest incidence of DUI-relate deaths in the nation. Wisconsin law actually does not allow law enforcement to conduct DUI checkpoints, as they are considered an “intrusion on Constitutional rights of due process” according to Wisconsin State Representative, Marlin Schneider.

Furthermore, Wisconsin’s current DUI laws allow an offender to be caught drinking and driving five times before being charged with a felony.

Wisconsin isn’t completely alone in their leniency on DUIs. According to the “5th Anniversary Report to the Nation: Campaign to Eliminate Drunk Driving,” conducted by MADD(Mothers Against Drunk Driving), there are five other states with lax laws on DUIs:

Pennsylvania – In 2009 Pennsylvania saw over 400 DUI-related deaths, which MADD considered not only avoidable, but also caused by the state’s weak regulations. The state does at least allow sobriety checkpoints, which is a good start to enforcing stricter regulations.

Rhode Island – Rhode Island is very lenient on their DUI penalties; the state does not enforce an Administrative License Revocation law, nor do they have an ignition interlock device mandate. Rhode Island does have one piece of legislation going for them; harsher penalties for DUIs involving children endangerment.

Michigan – Michigan is also doing one thing right by increasing penalties on DUIs involving child endangerment, but most DUI arrests in Michigan don’t result in actual DUI charges, but in charges for lesser offenses. Not only does law enforcement go easy on offenders, but the state law actually forbids police from conducting sobriety checkpoints.

South Dakota – South Dakota just recently passed legislation for ignition interlock devices, but the use is only for repeat offenders. The state does allow for sobriety checkpoints, but has no legislation in place for endangering children and has an overall lax DUI legislation.

Montana – Montana law prohibits law enforcement from performing sobriety checkpoints or no-refusal activities, however, the state has been making a few baby steps on toughening penalties for repeat DUI offenders. The state also has enhanced penalties for DUIs involving child endangerment.

Regardless of a state’s leniency, Drunk Driving can still be a serious offence, talk to a dwi attorney to know more.  Contact Paul J. Tafelski, P.C.  immediately and he will vigorously work to secure your rights if you are accused of drunk driving.

Identifying Dangerous Toyota Prius Recalls

Cars are an essential part of our lives. They take us to work, school, the grocery store, and a number of other destinations that are important in our everyday life. While there are a number of high quality cars currently on the market, the Toyota Prius has gained recent notoriety due to its high fuel economy and small environmental “footprint.” Unfortunately, the Toyota Prius is not without its hazards—in fact, a number of serious recalls have been issued against this vehicle. Some of the grimmest recalls include faulty braking and acceleration systems, as well as damage to the electric water pump.

The ability of a vehicle to brake upon demand is perhaps one of its most important components—in fact, failure to brake can lead to serious consequences to drivers, passengers, and pedestrians alike.  Unfortunately, in February of 2010, many Prius drivers reported an inability to brake on a consistent basis, and a subsequent recall of 133,000 Toyota Priuses was implemented. This problem was especially evident when the vehicles were driven in inclement weather, such as in snowy or rainy conditions. While a variety of techniques were used to correct this problem, a software update was effective in most reported cases.

While braking is obviously essential for drivers, maintaining control over the accelerator is also quite important. Another dangerous recall of the Toyota Prius—which occurred in October of 2009—focused on just this issue. At this time, some Prius owners were experiencing a sudden increase in acceleration, which led to a number of serious and life-threatening accidents. Investigators determined that the problem was due to a combination of poor accelerator pedal design and floor mats that did not fit the car properly. Subsequent Toyota Priuses have been redesigned with this problem in mind, and complaints about rapid acceleration have rapidly decreased.

The most recent Toyota Prius recall occurred in November 2012, after complaints about the functionality of the electric water pump began to add up. According to some drivers, the electric water pump short-circuited, causing a number of warning lights to become illuminated. In some cases, the hybrid system of the Toyota Prius stopped entirely due to malfunction of the electric water pump. While there have been no deaths attributed to electric water pump failure at this time, experts believe that this dysfunction could cause the vehicle to stall suddenly—resulting in serious vehicle crashes or accidents.

Maintaining the safety of one’s vehicle is not only important for the driver, but for all individuals on the road. Despite a driver’s best efforts, he or she may not be able to prevent accident or injury if their car malfunctions while on the highway or interstate. Identifying all relevant recalls—and understanding their potential for danger—is thus essential for those who want to avoid mishaps and malfunction. Toyota Prius owners can stay up-to-date on all vehicle recalls by visiting the Toyota Recall center on a regular basis, or by calling customer service representatives at 1-800-331-4331.

 

Braud and Gallagher can help you if you experience injury or property damage as a result of a manufacturing defect in your vehicle. Car Accidents can happen at any time and it’s important to have experienced representation you can trust handling your case.

Constructions’ “Fatal Four”

The “fatal four” is a term in the construction industry to describe the top four causes of workplace fatalities.  These four hazards account for over half of all deaths on construction sites. According to the Bureau of Labor Statistics, if we could eliminate these dangers, we could save 437 workers lives each year in America.

To quote the Secretary of Labor, Hilda Solis, “Every day in America, 12 people go to work and never come home. Every year in America, 3.3 million people suffer a workplace injury from which they may never recover. These are preventable tragedies that disable our workers, devastate our families, and damage our economy.”

This is why The Occupational Safety & Health Administration, otherwise known as “OSHA,” exists. Their sole responsibility is to monitor high-risk work sites, to set safety regulations, and to fine any company that is in violation of these standards.

The “fatal four” dangers in the construction industry are:

Falls – Falls account for nearly a third of all deaths in construction. In 2010 falls accounted for 264 of 774 construction-related fatalaties. Falls are especially common on construction sites, since many of the buildings being constructed are at least a few stories high, but most are commercial or industrial buildings where workers can be up hundreds of feet in the air.

OSHA supports close monitoring of all equipment, proper training for workers that at elevated heights, and fall protection harnesses to be worn by all workers working at over a one-story height.

Electrocution – Electrocution is the second most deadly danger lurking on many construction sites, since almost every building needs to be equipped with an electrical source. OSHA recommends that all persons handling live wires and electrical circuits wear the proper protection. Grounding is another major safety precaution that OSHA enforces, since many power tools need a safe source of electricity throughout the day. Electrocution is one of the most preventable dangers, since only professionals skilled in its use should be handling it.

Struck by Object – Construction sites have steel beams, iron rods, and large panes of glass, flying around at any given time, and they can often seem like huge, projectile weapons. Being struck by a falling object or a misguided object can easily lead to serious injury and death. Luckily, if the site is abiding by OSHA standards, they will be following a strict safety policy and will be much more careful and aware of their situation. A few OSHA tips include never positioning yourself between a fixed and moving object, staying alert of heavy equipment and checking vehicles before each shift.

Caught-in/between – Luckily, this fatal hazard has seen a reduction over the past ten years, decreasing about 20% since 2003. The biggest decrease in these fatalities came from the excavation or cave-in industry. OSHA recommends preventing caught-in/between hazards by following all safety instructions for machinery, wearing protection to prevent yourself from being pinned between equipment or other objects, avoiding working in unsafe excavation areas,  and taking advantage of all of your training opportunities.

If you have suffered injury at constructions site contact Baker and Gilchrist immediately.  Construction Accidents can lead to loss of work and high medical bills.  It is important you have an experienced firm who can help you secure proper compensation in the result of an accident.

Distracted Driving

Distracted driving is quickly becoming one of the biggest problems on the road today. Many drivers will multi-task while driving, putting their own life and the lives of others at risk for injury or even death. In fact, each day, more than 15 people are killed from distracted driving and another 1,200 people are injured.

Distracted driving can be anything that takes your eyes, hands or mind off of the wheel, like staring at a billboard, eating a sandwich or simply just daydreaming. While these three distractions (visual, manual, and cognitive) can be dangerous on their own, they’re even worse when combined. Things like talking on a cell phone, searching through a smartphone app, and texting can require too much of your attention, making driving your second priority.

Here are just a few of the major distractions drivers face and exactly how they steal your attention:

Eating while Driving – Eating while driving may not seem like a major distraction, but it can be one of the worst. Not only are you using one, and sometimes both hands, but you are chewing and swallowing, opening packages, making sure not to spill, wiping your face and hands with napkins, and the list goes on and on. Obviously, some foods are much less distracting, like a simple bag of chips, but even having greasy fingers can interfere with your driving skills.  Eating, while driving, is unsafe, unhealthy, and completely unnecessary.

Changing the Radio Station – Most people think that changing the radio station is an innocent act that takes only a few seconds. In reality, most people change the radio station until they find something they like; which can take more than a few seconds. Fidgeting with your dashboard takes your hands and eyes off of the wheel, and more often than not you’re thinking of the songs more than the road.

Texting or E-mailing – Texting and e-mailing while driving has become one of the biggest problems today in distracted driving, and the younger generations are some of the most easily influenced. Over 50% of drivers aged 18-29 in the U.S. admit to texting or e-mailing at least once in the last 30 days while driving and over a quarter report texting and e-mailing “fairly often” while driving.

Attending to Children – Ironically enough, parents who want the best for their children are often the ones who endanger them by driving distracted. Many parents want to keep their children entertained, and will quickly lose focus when they feel their child needs them. Keep your kids busy with books, games and DVDs, and teach them that driving is your number one priority for their own safety.

Talking on the Phone – Many people assume that the dialing of the phone is the dangerous part of talking while driving, when in reality, it isn’t. Studies have actually shown that the use of hands-free devices does not lower the distraction levels, and that crashes attributed to dialing were almost identical to number associated with talking or even just listening on the phone!

 

The smallest distractions can cause serious damage or injury.  Distracted Driving should not be taken lightly.  Hardison and Chochran is a firm that can help you should you or a loved one be a victim of dangerous driving.  For more info on the dangers associated with driving visit the Department of Transportation.

What Are the Different Types of Truck Accidents

When it comes to truck accidents, it is safe to say that these accidents are some of the most dangerous types of automobile accidents. Trucking accidents cost lives of thousands of people every year in the United States and around the world. According to the FMCSA or Federal Motor Carrier Safety Administration, large truck accidents cause around 5000 deaths every year. Such large truck accidents take place around half a million times every year causing injuries and claiming lives. If you’ve been involved in a truck accident, obtaining better personal injury settlements is possible if you hire an experienced truck accident lawyer.

Such accidents are more newsworthy because of the damage and devastation they cause. Different types of truck accidents cause different damages and injuries. If you have suffered such an accident and wish to file a compensation claim, you would need to learn about what kind of trucking accident you suffered. Here are some of the common types of trucking accidents:

Rollovers: The large trucks always create a center of gravity because of their sheer size. When these huge trucks lose control, rollover accidents occur. Truck rollovers are some of the most serious types of trucking accidents and it has the highest fatality rate. This type of accident mostly occurs when a driver drives the vehicle over an object and loses control. In such a situation, the truck may fall onto other passenger vehicles and cause fatalities. Even the truck driver can sustain severe brain and spinal cord injuries in such accidents.

Brake failure: Accidents often occur due to loss of control on the vehicle. Brake failure is one of the common causes of truck accidents. There are several factors that can cause brake failure in a truck. Some of these factors may include mechanical errors, weather condition, and improperly balanced or loaded carriage. Brakes may even fail when they are overheated and do not get enough time to cool down completely.

Problems related to blind spots: Blind spots are one of the common problems with large trucks. Trucks have blind spots to each side and behind them. Because of that when taking turns and changing lanes, it becomes difficult for the truck driver to spot vehicles that do not come in view because of the blind spots.         Accidents can easily occur in such situations and such accidents also have a high fatality rate.

Underride Accidents: Underride accidents occur when the passenger cars collide with trucks and side right underneath the truck. Because of the massive size, trucks cannot be stopped as quickly as other vehicle. Because of that, in underride accidents, the trucks often drag the passenger vehicle along till it can come to a full stop. This way the top and front of the passenger vehicle gets badly crushed and the driver and passengers have a high risk of suffering serious brain injuries, amputation injuries as well as other types of injuries.

If you have suffered any of the above types of trucking accidents, it is important that you take legal actions against the responsible party. Filing a personal injury lawsuit becomes necessary in such a situation. Miami Dade Attorney if you do not know how to go about filing and winning the personal injury claim.

Do You Know What a Personal Injury Claim Is

When an individual becomes injured because of the reckless behavior, negligence or fault of someone else, the injured may have the right to file personal injury claim. The primary purpose of filing the claim is seeking compensation or restitution in exchange for all the medical bills that the victim had to pay to treat the injuries. Most of the claims seek specified amounts of money. However, once the case reaches the court, the judge will make the final decision regarding the amount of compensation that will be awarded to the victim. In some cases, the victim needs to meet certain conditions in order to be able to file the lawsuit.

More often than not, auto accidents may lead to personal injury lawsuits. Generally, when an individual receives significant injuries because of the fault of another driver, legal action must be taken against the responsible driver. There are also cases where the passenger of a car files a lawsuit against the individual driving the car. Such cases occur when the passenger is injured due to the fault of the driver. On the other hand, in cases where the driver receives injuries because of something done by the passenger, the driver will have the right to bring a lawsuit against the passenger.

Sometimes individuals are injured in slip, trip and falls accidents. These accidents may occur anywhere, on someone else’s premises or place of business. As far as places of business are concerned, these accidents mostly take place in grocery stores. People may get injured in such accidents if the floor of the store is wet or slippery. In such cases, the victim has the right to file a personal injury lawsuit against the business owner. The victim will have to prove that the accident occurred due to unsafe environment.

In other cases, lawsuits may also be filed by employees against their employers. Such lawsuits may arise when the employee is injured due to unsafe work environment. This type of lawsuit may also be filed if harm is caused to the employee due to hazardous work environment. For instance, you suffered an accident because of an obstruction being in the wrong place. If you receive significant injuries (for example, broken bones) in that accident, you may think about filing a compensation claim. Your employer will be liable for paying all your medical bills and other out-of-pocket expenses.

There are several steps that you need to follow when filing a lawsuit. Every state has specific rules and regulations regarding these types of lawsuit. These rules and regulations may also vary from one state to the other. If you are going to file personal injury compensation claim in Broward, it would be wise for you to contact a Broward lawyer as soon as you can. Your lawyer will help you file the claim successfully and win compensation. Though, you may file the lawsuit on your own, it is best to let a professional handle these matters. Lawyers have extensive knowledge of the field and insight into such cases. This would help your case significantly.