Personal Injury

Major Causes of Truck Accidents

According to the Federal Motor Carrier Safety Administration (FMCSA), fatal truck accidents happen almost 11 times a day. This means more than 100,000 injuries and more than 4,000 deaths every year, despite the laws created and strictly enforced by the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) on the safe operation of trucks.

If federal and local government agencies, and traffic enforcers remain determined in their pursuit to ensure safety on the road, then how is it that the number of truck accidents still remains so high? The answer is a combination of bad driving performance and company or employer negligence.

With regard to bad driving behavior, it has been discovered that many truck accidents are caused by drivers with multiple violations and who have very recently received warnings from their safety officers; despite these violations and warnings, they have been allowed to continue operating their vehicles.

In 1986, the Commercial Motor Vehicle Safety Act, which strictly mandates that bad truck drivers be removed from the road, was passed into law. Allowing drivers to continue operating a truck despite multiple traffic violations, especially a DUI or driving under the influence, is a violation of this law, to which drivers, safety officers and employers can be held liable.

Many small truck companies, though, are able to evade liability for accidents wherein their drivers are at fault, and escape legal responsibility for company violations of federal laws. They accomplish this by ceasing operation and then re-registering under a new name and changing their corporate structure.

Semi-trailers, also called a big rigs or 18-wheelers, can easily damage and crush smaller vehicles, severely injuring or killing their occupants. Accidents, injuries and deaths are not just statistical data. In each accident, many lives are affected: the lives of victims and of the members of their respective families. It will be in the best interest of victims to get in touch with a highly-skilled personal injury lawyer (as soon as possible) after an accident for them to immediately receive justice and the compensation which the court may find them worthy to claim.

As explained by the law firm Williams Kherkher, accidents involving passenger vehicles can result in serious injuries, but when an average sized automobile collides with a commercial truck, like an 18-wheeler or garbage truck, the consequences are frequently devastating. Victims of truck accidents may face life-threatening health problems, require costly medical treatment, and need time away from work to heal. An experienced personal injury attorney may be able to help these people file a compelling lawsuit against the negligent party that caused their 18-wheeler accident in order to get financial compensation for these damages.

An article posted at www.crowemulvey.com/practice-areas/personal-injury/, says, depending on the details of an accident caused by a large truck, it is possible for responsibility to rest with: the truck driver; the trucking company that hired, trained, and employed the driver; the company responsible for maintaining the truck; or the auto manufacturer / parts manufacturer. Determining who is responsible for the accident that harmed you can seem overwhelming, but fortunately, there are personal injury lawyers always ready to help.

 

Read More

Life After Burn Injuries

Most people have experienced a burn injury in their lifetime. Whether they were scalded by a hot pot, shower, or perhaps they got sunburned at the beach, many people know what it feels like to be burned. But what about the times when a burn results in substantial injury? A severe burn can result in life-altering consequences.

There are many ways that a burn can occur and different causes range in injury severity. According to Russo, Russo & Slania, P.C., chemical hazards, electrical hazards, explosions, and malfunctioning equipment are some of the most common causes of more severe burns. According to the American Burn Association, there were 486,000 burn injuries receiving medical treatment:

These circumstances often place the liability another party, such as an employer or business owner. You can hold the liable party responsible for your suffering. If you are able to receive compensation, it could go toward one or more of these areas:

  • Disfigurement, physical impairment, paralysis, disability, and general loss of enjoyment in life post-injury: Compensation for pain and suffering not only for what has occurred in the past, but the quality of your future life post-injury.
  • Medical: Compensation for current and future medical bills including hospitalization, medical and/or cosmetic surgery, physical and/or occupational therapy, pain management and prescriptions, and ongoing medical care may all be covered.
  • Loss of income: Compensation could be collected for past and future lost wages in relation to time spent away due to your injury. Financial assistance could also go toward being re-trained into a new occupation.
  • Family loss: If the burn is severe enough to causes changes to the routine of your family, as in they are now required to perform services they wouldn’t have to do if the injury didn’t occur, they may be entitled to compensation for the interference.
Read More

Get Shot or Get Hit? Not much of a choice

The Centers for Disease Control and Prevention (CDC) estimates that more people in the US will die from gunshot wounds than injuries from car accidents in 2015. This is considered a positive thing by the Center for American Progress because while the number of young (15 to 24) Americans dying from car accidents has steadily declined in previous years, the number of people in the same age range killed by guns has stayed the same.

It is good to know that more young people are responding to government efforts to address the causes of car accidents and the issue of drinking while intoxicated from drugs or alcohol. Carmakers are also being more strictly regulated when it comes to safety features and design problems.

However, as any Massachusetts car accident lawyer is likely to point out, it still means that 5,864 young people will probably die from car accidents. That is not so good. The fact that 6,040 gunshot fatalities is projected for the same group is no source of consolation for surviving family members of either type of victim. That is simply too many people dying from what easily preventable causes in most cases. More responsible driving and restricted gun ownership could further reduce these numbers considerably.

Cars are far safer today because of technological innovations than they were a decade ago, which would account for the decrease in accidents. However, according to the website of the Ausband & Dumont Law Firm, some cars continue to have serious defects that expose car occupants to unnecessary dangers. Recent recalls on some types of cars that tended to rollover and those fitted with defective airbags are indicative of these risks.

According to the website of the Sampson Law Offices, people involved in car accidents often sustain serious injuries even if they don’t die in the incident. This means considerable pain and suffering as well as extensive medical expenses. If you have been seriously injured in a negligent car accident, you can at least make a financial recovery. Consult with a car accident lawyer in your area to find out how.

Read More

Liability for Construction Accidents and Injuries in New York

We all know that the construction industry is, by the very nature of the work, a hazardous occupation. New York construction workers are aware of this as well, which is why they are well compensated for the high risks they take. However, as the website of lawyers Hach Rose points out, this does not absolve the responsible parties of liability for preventable construction accidents or injuries that the workers sustain due to negligence.

Deciding on who may be held liable for such accidents or injuries will depend largely on the circumstances. It is not always the construction owner, manager or foreperson, although in most cases they typically have control over the workplace. A NY construction accident lawyer can determine the proximate cause of the injury and pinpoint all the parties involved, especially when it concerns a large construction project. Possible defendants for a workplace injury lawsuit include:

  • Construction site owner
  • General contractors – they are often delegated the control over the whole of a project by the construction site owner, and may be held responsible for unsafe working conditions for that particular project
  • “Prime” contractors – these are special contractors delegated to specific tasks i.e. electrical work over which they have sole control and may be held responsible for the safety of their workers and subcontractors they may hire
  • Architects and engineers – these professionals may be held responsible if the design and engineering plans and material specifications they provide the construction crew prove to be defective, resulting in injuries to the workers. They are also expected to check on compliance, the failure to do so may result in an unsafe worksite
  • Manufacturers of construction machinery or equipment – a construction site frequently makes use of high-powered and industrial grade equipment that can result in serious injury or death if it malfunctions or if they fail because they have been incorrectly rated for a particular task or load

If you have been seriously injured in a preventable construction accident, you have a right to be compensated. Consult with a construction accident lawyer in your state to find out who you can hold responsible.

Read More

Defective Hip Implants Settlement Program is just the Beginning

The makers of defective hip implants that catastrophically failed and increased the risk of metallosis in patients announced established a settlement program to address civil complaints against the defective products.

It is estimated that Stryker and Howmedica Osteonics will be paying about $1.4 billion to patients who qualify under the program. The base compensation for each patient is $300,000, which may be higher depending on the extent of the damage and the consequences to the patient and other family members. The announcement was made on November 4, 2014. The deadline for registration to participate in the program was set for December 14, 2014.

The defective products in this landmark settlement program are the Stryker Rejuvenate and ABG II hip replacement devices. The initial recall was made in the first half of 2012 when numerous reports of adverse events started pouring in from patients that required revision or replacement surgery, or suffered significant pain and problems caused by the implants. The manufacturers are under the hammer for defect in design and failing to carry out adequate testing to ensure the safety of their patients.

According to the website of law firm Williams Kherkher, it may be too late to participate in the settlement program, but patients implanted with either device may still be eligible to file a defective medical device lawsuit against the manufacturers. Patients react differently under the same circumstances, and some may have a delayed reaction to the devices. Those that have begun exhibiting the following symptoms of metallosis after the deadline for registration has passed may still make a claim:

  • Breathlessness
  • Headaches
  • Loss of concentration
  • Loss of hearing
  • Pain in the groin area
  • Poor memory
  • Rashes

You should act on this right away before you develop complications. Have your doctor check on you, and consult with a defective hip implant lawyer in your state for assistance. Your journey is just beginning.

Read More