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How Do You Prove Fault In A Slip And Fall

March 29, 2018

Let’s say that as you are walking across or through someone else’s premises, you slip and fall on the ground. As a result, you suffer injuries that greatly impact your life. You also have questions about liability in this situation, because you think that the property manager or building owner was negligent in this case. So how do you prove that?

There are numerous factors to consider. The first two relate to the property manager or owner: could they have prevented the accident, and did they act within the their duty to maintain reasonably safe conditions on the property? Proving both of these points can be more difficult than it seems. For example, a leak that causes a puddle that you slip on may seem like the property owner didn’t try to prevent to accident or maintain a safe premises. But if there is a drainage grate that allows the water to flow away, this counts as a property manager exercising his or her due diligence.

Then there are two factors that relate to you, the victim: were you careless or clumsy in your actions? In other words, when the slip and fall happened, were you doing anything that was illegal, reckless, careless, or clumsy? If so, you may not have a particularly strong case to establish a property owner’s fault.

In any case, when you suffer as a result of a slip and fall accident, you should consult with an experienced personal injury attorney that has handled premises liability cases before.

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Recent Accident Is Part Of A Disturbing Trend

March 24, 2018

A recent crash between a senior citizen bicycling group and an angry motorist caused some of the group to fall off their bikes. The incident occurred on N.M. 41 when the driver of the vehicle, who had just passed the group while honking his horn, stopped on the road, then punched his car into reverse.

He allegedly hit one of the cyclists with his vehicle. The bicyclist was thrown off the bike and sent to the hospital with severe injuries.

The resulting clash between the uninjured bicyclists and the angry driver immediately after the accident made headlines, but charges are not as serious as many would like. Denying that he hit one of the persons in the bicycle group, the driver did admit to being afraid of losing his temper, so he left the scene.

Bicyclists are aware that over-the-top anger from motorists rarely ends well, and this recent confrontation is just one occurrence. Road rage seems to fuel hasty decisions that end up injuring and killing cyclists. According to figures collected by the National Highway Traffic Safety Administration, cyclist injuries and fatalities increased by 26 percent between 2010 and 2016.

You may not be able to stop road rage, but you can choose to ride your bike safely. If you see or hear an angry driver, look for an escape route if the confrontation escalates. React by defending yourself and getting to safety. Notice if there are others around that can serve as witnesses, and be sure to get identification information for the rager’s vehicle.

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Milk Truck Spills Cargo As Social Media Laps It Up

March 18, 2018

While the following truck accident story is being used more as a joke than it is a news story, it still represents an important opportunity for us to talk about truck accidents and the many different risks that they pose to drivers out on the road — and the various ways that they can be caused by the truck driver or the vehicle itself.

A truck overturned in London recently, spilling it’s cargo — a vast quantity of milk cartons — all over the road. This caused an understandable furor on social media, as users made light of the saying “there’s no use crying over spilled milk.” It doesn’t appear that anyone was injured in the accident and many people enjoyed a lighthearted laugh as a result of the accident.

However, a truck’s cargo is no laughing matter at all. There is a serious point to be made under the surface of this story. How was the cargo secured in the first place? Was it even and balanced on the truck’s flat bed? Who were the people involved in the loading process of the cargo? Does the trucking company or the truck driver have previous safety violations or issues that have been reported?

The answers to these questions are very important in any truck accident that involves falling cargo, because the objects that fall off a truck can cause serious damage to other vehicles. Or, in other cases where the cargo isn’t balanced, a truck could overturn and topple onto another vehicle.

 

Source: TIME, “Dairy Truck Accident Serves As a Reminder to Us All About Spilled Milk,” Cady Lang, March 16, 2018

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New Data On Fatal Dog Bites Shows Growing Problems

March 16, 2018

About a month and a half ago, we wrote a post about dog bites and the fatalities related to them in the year 2016 in the United States. In the time since then, new information has come to light about the year 2017 — and the numbers do not depict an improvement in the overall safety surrounding dogs and the harm they inflict on innocent people.

According to DogBites.org, there were 39 fatalities related to dog bites in the United States last year. That represents a significant increase over 2016 (when 31 people died as a result of a dog bite). In addition, pit bulls were heavily involved in these fatal incidents. 74 percent of the fatal incidents involved a pit bull, even though only about 6.5 percent of the dog population in the country is made up of pit bulls.

It isn’t just the fact that pit bulls are increasingly involved in these attacks that makes this data so upsetting — it is also the overall growth in the number of fatalities related to dog bites.

The people who are attacked by dogs often suffer debilitating or catastrophic injuries. In the 39 cases we are discussing here, the victims weren’t lucky enough to survive. The owners of the dangerous dogs that attacked these innocent people have a lot to answer for, and their liability can be proven in civil court. Irresponsible owners must be held accountable for their inaction and inadequate training.

 

Source: DogBites.org, “2017 U.S. Dog Bite Fatalities,” Accessed March 16, 2018

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Post-Accident Awareness: What You Should Do

March 7, 2018

It is a chaotic and stressful time, but after a car accident you need to do everything in your power to be calm and prepare yourself for what comes next. There are some simple steps that you can take that will greatly improve your standing after a car accident, and many people fail to do this.

It will be difficult to relax and prepare yourself for the aftermath of an accident simply because the shock of a car accident — even a minor one — can cause people to become angry and not act like themselves. This is why the first step is to be calm.

Once you have collected yourself and you are ready to handle the next few steps, you should get out of the car and check on the other people who were involved in the crash. If they are in need of medical attention, then call 911 and do whatever the responders tell you to do. If it isn’t a medical emergency situation, then you need to exchange information with the people involved in the crash.

When this is completed, you can then do some needed evidence gathering. Take out your phone ans snap some pictures of the accident scene, including the vehicles involved, the damage done (and any shrapnel on the ground), and any signage or street lights that played a role. If you are considering a lawsuit after the crash, then consult with an attorney.

 

Source: FindLaw, “After a Car Accident: First Steps,” Accessed March 7, 2018

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Dog Bites Girl On Flight, Raising Questions About Owner’s Claims

March 2, 2018

About a month ago, we wrote a post about dog bites in 2016 and how that data shows that pit bulls are a massive safety problem. They are disproportionately involved in fatal dog bites, and their powerful jaws can lead to devastating injuries — even if they don’t turn out to be fatal.

Today, we have a dog bite story that turns the conventional plot line on its head. A 6-year-old girl that was aboard a plane was bitten by an “emotional support” dog before the flight took off. The incident left the child with scrapes on her forehead, and the passenger that owned the dog — as well as the dog itself — was removed from the flight, which was delayed by 20 minutes because of the incident.

Since an emotional support dog isn’t the same as a properly trained service dog, this dog bite incident has raised questions about what should and shouldn’t be allowed when it comes to these emotional support dogs. Some owners may just fabricate a story that allows them to bring their dog onto a flight or into a building that they normally wouldn’t — and since the dog isn’t actually trained in any service capacity, it could pose a serious risk to others in the vicinity.

No matter the dog, when they attack, serious harm can occur. Dog owners that are negligent in their duties deserve to be held accountable for their reckless ways.

 

Source: Patch.com, “Southwest Flight Disrupted When ‘Emotional Support’ Dog Bites Kid,” Colin Miner, Feb. 22, 2018

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Far Too Many Ways A Truck Can Be Involved In A Wreck

February 26, 2018

Truck accidents are so scary for a lot of reasons. Any auto accident is scary, of course. But with smaller vehicles, there is less power and force that goes into the crash itself when compared to an accident that involves a multi-ton, 18-wheel behemoth of a vehicle. Trucks are just far more dangerous when they are involved in a crash than practically any other vehicle. When a truck crash does happen, the victims often suffer debilitating, catastrophic or fatal injuries.

How these accidents happen vary from wreck to wreck. In some cases, it is actually a passenger vehicle or other vehicle that causes the wreck. This can happen for many reasons, such as driving in a truck’s blind spot, quickly changing lanes in front of a truck, braking suddenly in front of a truck, or just operating your vehicle in an unsafe manner near the truck.

But on the other side of the equation, there are plenty of reasons why a truck driver or a trucking company could be at fault for a truck accident. The driver could be negligent due to substance abuse, fatigue, or using a cell phone. The trucking company could be at fault for allowing drivers to circumvent rest laws. And the truck itself could be improperly loaded or maintained, leading to wider questions about liability.

Whatever the reason for a truck accident, the victim deserves justice for the financial and physical harm they suffered.

 

Source: FindLaw, “Common Causes of Truck Accidents,” Accessed Feb. 27, 2018

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US Tennis Player Wins Slip And Fall Lawsuit

February 23, 2018

If you’ve been hearing the name Eugenie Bouchard in the news recently, it is for good reason. She was formerly ranked 5th in the world among women’s tennis players in 2014, and was coming off a tremendous season that saw successful stints in some of the major events on the tennis calendar. While her 2015 season wasn’t as noteworthy, she was still a successful player — until September.

In that month, she was completing a mixed doubles match at the U.S. Open. After the match, she went to the locker room to get to the physiotherapy area. During this walk, she slipped and fell on a foreign, slippery substance which has since been identified as “Oasis 299.” This is a cleaning product, and it clearly wasn’t applied or utilized properly. Bouchard suffered a concussion that derailed her career, and the substance also burned her skin after she fell.

Bouchard sued the U.S. Tennis Association, and this week her case was finally heard. A jury determined the USTA was 75 percent at fault for the slip and fall, and though it is unknown at this time exactly what the monetary reward will be, Bouchard and her attorneys were seeking “millions and millions” in damages.

The point of this story is to show how a slip and fall incident is so dangerous. It can change the life of the victim, causing serious pain, mental anguish, and damage to their career. When a slip and fall happens, the victim must consider their legal rights and prepare to hold the negligent parties involved in the matter responsible.

 

Source: Deadspin, “Jury Finds USTA Liable For Eugenie Bouchard’s Slip And Fall In U.S. Open Locker Room,” Giri Nathan, Feb. 22, 2018

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Sudden 2-Year Spike In Crash Fatalities Is Worrying

February 21, 2018

1963 was the first year that more than 40,000 people died in motor vehicle accidents in the United States. This was a combination of the vehicles becoming more widely used and a dreadful lack of safety equipment available on them. The rules of the road were also much different back then.

However, for nearly three decades the figure stayed above 40,000 deaths per year, and routinely jumped above 50,000 deaths per year. It wasn’t until 1992 that it dropped below 40,000, and then it immediately went back above it the following year, and remained there until 2008.

That was the year of a major change, and ever since the motor vehicle fatality rate has stayed beneath 40,000 deaths per year. It reached a modern era low of 32,479 deaths in 2011, and it seemed poised to remain at these lower levels well into the future. But a funny thing happened: the last two years of recorded data saw dramatic upticks in the number of people dying in car accidents.

No one is entirely sure why it is happening, but in 2016 there were 37,461 motor vehicle accident fatalities.

Of course, distracted driving is an easy culprit to point to, and for good reason. People have become so enamored with their cell phones that using one while driving has become commonplace. It will be interesting to see where the data goes from here, as road laws may need to change to ensure that safety improves.

 

Source: Wikipedia, “Motor vehicle fatality rate in U.S. by year,” Accessed Feb. 21, 2018

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Sleep-Deprived Truckers A Danger

February 10, 2018

It was just three days before Christmas when a pair of semi trucks collided on I-40 outside of Albuquerque. The crash occurred when one of the 18-wheelers crossed the center median and drove into oncoming traffic. A passenger in the other semi-truck was killed, three others were taken to the hospital, one with critical injuries. Police believe the driver was fatigued and may have fallen asleep.

Actor Tracy Morgan has recently returned to work after a car versus tractor-trailer accident in 2014. Morgan’s vehicle was hit by an 18-wheeler truck that never slowed down for slower posted speeds in a construction zone. The crash involved 21 people and six vehicles. Investigators discovered the driver who caused the accident—and Morgan’s subsequent traumatic brain injury—had been awake for 28 hours at the time of the crash and is believed to have dozed off.

A leading cause of accidents in America

Annually, around 100,000 accidents can be attributed to drivers who doze off behind the wheel according to National Highway Transportation Safety Administration estimates. Also, they estimate that drowsy drivers may cause as many as 1,500 deaths and 40,000 injuries. Up to 20 percent of all large truck accidents are due to drowsy or fatigued driving.

How fatigue affects a driver

Drivers who get only four or five hours of sleep have four times the crash rate—similar to an alcohol-impaired driver. Drowsy driving:

  • Decreases the driver’s ability to pay attention to the road.
  • Slows reaction time for road hazards.
  • Impairs a driver’s ability to make good decisions.

Federal mandated breaks for commercial drivers

The Federal Motor Carrier Safety Administration has enacted a set of regulations that govern the way truck drivers do their jobs. These regulations were developed specifically to ensure their safety and the safety of everyone sharing the road with them. The rules regarding a driver’s hours of service require that:

  • Once a driver is at work, the driver has a maximum work/driving combination of 14 hours before needing to go off duty for 10 hours.
  • During the driver’s 14-hour shift, they can drive a maximum of 11 hours.
  • A truck driver has a maximum work/driving combination of 60 hours in a seven day period.

USA Today discovers fatigue regulation abuse

A recent story from the USA Today Network analyzed more than 30 million electronic timestamps from the gates at the ports of Long Beach and Los Angeles. What they found was a rampant disregard for federal fatigue rules. The investigation discovered that trucks serving these two ports, on average, operated without this break 470 times a day. Those vehicles were involved in at least 189 crashes within 24 hours of the law-breaking overtime driving.

After the accident

If you or a loved one are the victims of a truck accident, life can turn catastrophic in the blink of an eye—or with the nod of a driver’s head. An experienced accident attorney can investigate the accident to determine liability. Your attorney can help recover financial compensation for your lost income, medical bills and other losses and damages.

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