ATVs Are Becoming More Popular. And Injuries Are On The Rise.

In New Mexico, riding ATVs is becoming an increasingly popular activity. Our state, after all, offers unusually scenic settings for off-roading, and tourists flock from all over the country to zoom along unbeaten paths.

Yet the dangers of ATV-riding may outweigh the thrills. According to the Consumer Product Safety Commission (CPSC), hundreds of riders die each year in ATV crashes. Perhaps more disturbing still, nearly 100,000 riders suffer serious injuries – and more than 25 percent of them are children.

Where are ATV crashes most likely to take place?

Concussions and broken bones figure as the most common injuries. But damage to the spinal cord and internal organs happen frequently as well. This shouldn’t be shocking. ATVs weigh in at 600 pounds and can travel at speeds beyond 60 miles per hour. The results of a crash are almost certain to be serious.

What is surprising is where these accidents take place. One might assume that most off-roading injuries would occur off-road. However, paved surfaces – highways, city streets, and the like – are the most frequent injury sites. This is in no small part because ATVs are prone to collisions with passenger vehicles; as such, the CPSC recommends avoiding paved roads entirely.

What to do after an injury – or before one

Injury victims must seek medical help immediately. Those who fail to get medical care in a timely fashion run the risk of enabling minor injuries to become major ones. It’s important, too, to seek legal counsel. If one’s injuries result from mechanical failure, or the fault of another driver, or poorly maintained roadways, one may be entitled to compensation – but an attorney is key to obtaining it.

Of course, the best approach to injuries is to avoid them in the first place. Giving up ATV-riding isn’t necessary, but it is wise to exercise caution. Safety tips are easy to find, and are fairly intuitive – wear a helmet, supervise children, ride on designated paths. But it’s clear that many fail to heed such advice. The temptation is understandable, yet often leads to calamity.

When Crowds Attack

To be in a crowd is, in many cases, to be at risk. At musical festivals, sporting events, political rallies thousands suffer injuries, and several dozen people die, each year. The dangers are often unavoidable. Individuals are, quite literally, swept up in a crowd; it is difficult to keep control of one’s movements, or to prevent unwanted outcomes.

In some cases, site owners or property managers may be held legally responsible for the injuries one incurs. After all, owners are bound by law to maintain reasonably safe premises. If they fail to take the required precautions, or fail to inform attendees of certain dangers, they may be found at-fault in court.

Such scenarios are somewhat rare, however. Concert halls, sports stadiums, and similar venues are usually careful about legal liability. Nevertheless, that doesn’t mean they don’t have lapses. Still, the best means of preventing injury or death is to know for oneself how to stay safe.

Asphyxiation is the most common cause of death

According to recent research, the majority of crowd deaths are due to “compressive asphyxia” – that is, people get packed in so tightly, and so much pressure is put on their lungs, that they are unable to breathe. This is surprising, as the fatalities most associated with crowds tend to arise from trampling; yet evidence overwhelmingly indicates that suffocation is the leading cause. In some situations, individuals endure forces of more than 1,000 pounds of pressure – enough to bend steel railings, and to render respiration impossible.

Hazardous environments also play a role. Venues often use ‘maximum pedestrian capacity’ to guide their designs. That is, they allocate a certain amount of square footage for each expected visitor. But this leads to problems. In real life, people don’t stick to their allotted square footage – they crowd each other. At concerts, people tend to crowd the stage, leaving a vast amount of empty space at the rear. Such an arrangement causes dangers pressure to be put on concertgoers in the middle of the crowd, while making it nearly impossible to escape.

Is it possible to stay safe?

An article in Popular Science notes that “researchers are reluctant to give explicit advice about how to behave in emergency [crowding] situations.” Still, many experts note the importance of remaining calm. One researcher, a professor of crowd science at Manchester Metropolitan University, has said that “if a person can calm down even for a few moments to assess the situation, they have a better chance of survival…People running without thinking, that has been the cause of many different serious injuries lately. Assess, don’t react. It might only take a few seconds to change your outcome.”

Statistics suggest that this is easier said than done. To keep one’s cool in a moment of panic takes an extreme amount of restraint. It’s important to keep in mind, but it may be more important still to understand the risks inherent in entering a crowd in the first place.

The U.S. Government Is Cracking Down… On Household Furniture

About once every half hour, a falling television or a piece of tipped furniture sends an injured child to the emergency room. Such incidents lead to a child’s death about three times per month. It is with such tragic statistics in mind that the U.S. government, through its Consumer Product Safety Commission, has initiated Anchor It! – a campaign to raise awareness about the perils of unsecured furniture. Its ultimate aim is to convince parents (and, really, everyone) to bolt their furniture to their walls.

The problem is not merely a matter of child safety – it’s about everyone’s safety. According to Claims Journal, tens of thousands of adults are injured in falling furniture accidents each year. Since 2000, there have been more than 500 related deaths. What this underscores is the unfortunate fact that many of us are oblivious to the dangers present in our own homes.

Who’s at fault?

In some cases these incidents are purely accidental. At other times, the manufacturer of a certain good may be at fault for the injuries caused. Ikea, for example, was compelled to recall more than 17 million chests and dressers after their toppling led to the deaths of eight children.

A company called ASTM International has developed safety standards that most American manufacturers follow. They mandate that dressers, for example, be able to pass two stability tests. Namely, a dresser must not tip over when all its drawers are opened (and for no other reason); and it must not tip over when a 50-pound weight (the weight of an average five-year-old) is gradually applied to the front drawer.

Yet compliance with such standards is voluntary. Businesses are not legally bound to follow them. It’s in their interests to do so – fewer injuries will lead to fewer lawsuits – but such standards have yet to be codified into law.

What can be done?

The government is working hard to promote awareness of the dangers posed by home goods. Meantime, injured individuals and parents of injured children can turn to the legal system if the injuries might have been prevented by the manufacturer. Specifically, victims may be able to file a personal injury lawsuit to obtain compensation for their medical bills and related concerns.

For the uninjured, it is important to take precautions. Anchor unsecured furniture to your walls and, in so doing, stay safe.

When Walking The Walk Leads To Slipping And Falling

The statistics by now are well known: accidents that involve falling down are the leading cause of emergency room visits each year in the United States. (Specifically, they lead to more than 8 million ER visits, representing 20% of all such visits.)

For individuals over the age of 65, these incidents are especially dangerous. According to the National Floor Safety Institute, more than 15,000 senior citizens perish as a result of falls in some years. For individuals between the ages of 65 and 84, falls are the second-leading cause of injury-related death; they are the leading cause of injury-related death for individuals over 85. This is significant, as one in three seniors experience a fall each year.

How to stay safe

A recent article in the New York Times details some means by which individuals can practice walking more safely. The article is intuitive, just as walking itself is an intuitive activity, but nevertheless serves as a potent reminder of how easy it is to avoid harm.

The article emphasizes the importance of slip-resistant shoes. Rubber and neoprene soles are optimal, whereas shoes with plastic or leather soles tend to be highly linked with fall accidents. This is just as important indoors as it is outdoors. (“Always wear shoes or slippers with nonskid soles,” the article says, “never just socks unless they have nonslip grips.”)

It’s also suggested to take smaller steps, bent forward slightly so as to enhance your center of balance. Moving by leaps and bounds is the perambulatory equivalent of biting off more than you can chew. When it comes to staying safe while walking, incrementalism is key.

Falls occur most frequently in the home, and it’s important to remove as many trip hazards as possible from the floors of one’s domicile. Likewise, all spills should be cleaned immediately, so that surfaces don’t become permanently slippery or sticky. Equally crucial for the senior set is to use handrails whenever going up or down stairs, as well as in the shower. (And if no such handrails are in place, it may be time for some minor renovations.)

The article also details some rather complicated techniques for how to fall “the right way.” It’s suggested that, when falling forward, “you twist as you go down to land on a side and then roll over to your back.” Similarly, when falling backward, “tuck your chin to your chest to avoid hitting your head…and keep your arms in front of you.” This is nice advice for those who can keep it in mind, but many fail to remember such tips in the moments of one’s plummet.

Falling: More dangerous than guns

More than 30,000 people die each year as a result of falls. That’s more than three times as many as are killed by guns. Bone fractures are even more common. Given the prevalence of such accidents, it seems wise to have a refresher on safety from time to time before one walks one’s walk.

Everyone Dislikes Highway Onramps. Here’s Why.

In New Mexico, as elsewhere, onramps and offramps to freeways account for more accidents per mile – by far – than other segments of highway roads. Yet until recently, little was known about the nature of such accidents. Why they happened, how frequently they occurred, and how injurious they were – all such questions remained mysteries.

A trio of researchers for the Insurance Institute for Highway Safety lately shed light on the issue. In the Journal of Safety Research – which is published in conjunction with the National Institutes of Health – the authors detailed their study of more than 1,000 onramp crashes. Drawing from a multitude of sources, including accident reconstruction diagrams and police reports, the researchers were able to pinpoint the most common types of accidents, and many of the factors that cause them.

The most common types of crashes

The results from the study fall somewhere between the surprising and the commonsensical. Nearly half of all the crashes studied took place when the at-fault driver was in the process of exiting the highway. A third of the accidents took place when the at-fault driver was attempting to enter the highway. The remainder took place in the middle of ramps or access roads – though these incidents were far less frequent, perhaps because drivers were not so actively preoccupied with merging lanes.

Crashes were most common at night and in bad weather, as well as on the curved portions of the ramps and in times when traffic was most congested. Likewise, “speed was often a factor.” So, too, was alcohol.

The authors classified the accidents into three main types: rear-end accidents; sideswipes (which most often took place when at-fault passenger vehicles collided with large trucks); and accidents wherein one driver ran another off the road.

What to do?

It is unclear to what extent this study is representative. Nevertheless, the results appear to be in sync with national trends and underscore the dangers of entering and exiting freeways.

The authors briefly note some measures that might be taken to enhance road safety—change ramp designs to eliminate curves, for example, or post easily viewable speed cameras to deter speeding. But for now the onus is on drivers themselves to be cautious, and to be aware of the risks they face.

Death By Parking

According to the National Safety Council, roughly one out of every five auto accidents occurs in a parking lot or parking garage. Such collisions result in an average of 60,000 injuries each year, as well as 500 deaths and millions of dollars in property damage.

The underlying cause of this scenario seems to be inattention. Simply put, as drivers focus on finding a space, they pay less attention to the cars and pedestrians around them. Moreover, many drivers feel safer in parking lots – traffic moves more slowly, and often in a uniform direction – leading them to become more lax about multitasking.

“People have their heads down,” said the president of the National Safety Council. “They’re on their phones whether they’re behind the wheel or whether they are pedestrians. There’s just a lot of inattention out there.”

The greatest danger is a false sense of security

Indeed, the statistics are staggering. A recently conducted survey revealed that two-thirds of drivers were comfortable talking on their phones while in a parking lot, and about half of all drivers would text, email, scan social media, or watch online videos. Grooming-while-parking also figured as a common (and commonly hazardous) behavior.

Given such activity, it is no surprise that 50,000 parking lot accidents take place in the average year. The best cases lead to minor headaches. A fender bender or a side-swipe might require little more than an insurance claim and the hassle of dealing with repairs. But it’s clear that thousands of Americans face more substantive problems, and must turn to qualified attorneys who can help them obtain compensation for medical bills and related expenses.

Staying safe may require technological intervention…or just attention

As people become more distracted, cars themselves are getting safer and smarter. With this in mind, the National Safety Council advises drivers to make use of technological innovations that can alert drivers to when they are about to collide with another object.

But it’s apparent that the greatest means of reducing risk in parking lots is to pay attention to one’s surroundings, rather than to one’s phone.

When Wrongful Death Claims Are Filed Against The Police

The question has become potent in recent years: How can surviving family members obtain justice when a loved one has been killed, without cause, by police?

In New Mexico, some families are turning to the legal system. Specifically, they are filing ‘wrongful death’ claims against municipalities where the killings took place, in the hopes of holding the responsible parties to account.

What is a wrongful death claim?

A wrongful death claim is a legal action that enables individuals to seek financial compensation when a family member’s death is the fault of another person or entity. The types of restitution vary from cases to case, but may include the following:

  • Funeral costs
  • Hospital bills
  • Expenses related to medical care
  • Compensation for pain and suffering or emotional distress
  • Lost wages

These lawsuits can arise from any number of scenarios. Most commonly, they result from serious car accidents or instances of medical malpractice. Filing a suit against a government agency or municipality is somewhat rarer. However, as police shootings continue to be highly publicized events, and families learn more about their legal options, such cases may soon be seen more and more.

What’s happening in New Mexico?

The most recent such claim was filed in Bernalillo County in December, following an incident wherein the passenger of a stolen truck was shot by a deputy of the Sheriff’s Office. The sheriff contends that the death was justified – the officer feared for his life, he said, and the use of force was therefore permissible. Yet an inspection of the truck later revealed that none of the passengers had any weapons and, the lawsuit asserts, posed no threat to officers. The filing also states that the county, and the sheriff himself, “were negligent in the hiring, training, retention, and supervision” of the deputy in question.

Earlier in the year, a wrongful death suit was filed against the city of Santa Fe, after police officers fired 17 shots at a man with schizophrenia who died at the hospital from related injuries.

How will these cases play out?

The potential outcomes of these lawsuits are far from clear. Given the dangers inherent in their jobs, the courts often side with police officers, noting that they have just cause to use their weapons.

Nevertheless, in cases where the use of a firearm is not justified, a wrongful death claim is a potent means to pursue justice.

New Mexico Lawsuit Against Airbag Manufacturer To Proceed

A pending lawsuit that New Mexico brought against Takata, a manufacturer of defective airbags that led to several deaths, is soon to be pending no longer. Late last month, a bankruptcy court lifted the stay it had placed on the lawsuit, enabling New Mexico’s legal action to proceed.

The office of the attorney general originally filed suit a year ago. According to the complaint, Takata and its affiliated automakers – including Ford, Toyota, Volkswagen, and Ferrari – equipped vehicles with airbags they knew to be deficient and dangerous. Specifically, the airbags “have been found to explode with such force that pieces of metal fly at occupants.”

Deaths resulting from auto defects are common

At the time the lawsuit was filed, Takata’s airbags had been linked to 11 deaths. As of December 20th, that number has risen to 20. Perhaps what’s most important is not the case itself but what it underscores: The staggering number of crashes, injuries, and fatalities that arise from faulty auto parts.

The National Highway Traffic Safety Administration notes that there are around 30,000 lives lost each year to auto accidents. And while many of these deaths result from human error – drunk driving, distracted driving, speeding, road rage, and so on – a substantial number of them are caused by mechanical failures. The statistics are shocking. Since 1966 (when such data started being tracked), the number of defective parts removed from vehicles includes:

  • 46 million tires
  • 42 million child safety seats
  • 66 million pieces of motor vehicle equipment (including airbags and seatbelts)

Unfortunately, many individuals lose their lives to faulty equipment before the dangers are detected or exposed.

For victims and their family members, it’s crucial to work with an attorney

It is unclear whether New Mexico’s lawsuit against Takata will be successful, or whether it will yield noteworthy results. The manufacturer has already replaced more than 12 million airbag inflators, is expected to recall more than 60 million vehicles in the United States alone, and has filed for bankruptcy.

Nevertheless, the surviving family members of victims deserve compensation, and one would hope that the legal process will afford them some measure of justice.

2017 Ends With A (Truck) Crash

Just before the New Year began, a head-on collision involving two big-rig trucks left one dead and one critically injured in Bernalillo County. This incident figures as the last recorded trucking accident fatality of 2017 (as of this writing). However, it is likely portentous of more calamities to come.

According to the Insurance Institute for Highway Safety, nearly 4,000 deaths each yeararise from accidents involving large trucks. The toll has increased every year (except one) since 2009. New Mexico, serving as a hub for a great deal of cross-country traffic, sees its fair share of such crashes. And there are reasons that drivers of passenger vehicles ought to be particularly cautious.

Why this crash was different

The specific cause of the crash in Bernalillo County – whether it stemmed from driver fatigue, mechanical failure, poor road conditions, or some other factor – has yet to be revealed. What is known, however, is that the crash was, in its way, unique.

Namely, while trucking wrecks are fairly common, they usually involve passenger vehicles – not other trucks. Indeed, two-thirds of fatality victims are ordinary drivers, while truckers and their passengers often emerge unscathed from collisions. They are, after all, in much larger, safer vehicles.

What to do after a crash

In the event of a trucking accident, it is crucial for victims or their surviving family members to seek help. Injured individuals ought to obtain medical attention immediately – even if they don’t believe themselves to be injured. Some injuries – such as trauma to the brain and spine – may not be felt instantly, but can become severe without treatment.

Likewise, it is important for victims and their families to work with a qualified attorney after a crash. There will be medical bills to pay, as well as costs associated with ongoing care, lost wages, and damage to one’s vehicle. Yet trucking companies and their insurers are quick to challenge victims’ claims. They will offer paltry settlements, and in many cases attempt to deny victims any compensation at all. A lawyer will know how to fight back, and obtain a fair settlement for one’s trauma.

But it is best, of course, to avoid any involvement in such crashes. As statistics, truck accidents are inevitable. But individuals can exercise caution and lower their own risk of incident.

What Are Negligent Entrustment And Vicarious Liability?

Vicarious liability and negligent entrustment relate to the liability of one party for an accident that another party causes. These legal theories may come into play if someone loans a vehicle to a friend who is known to be a bad driver. They could also come into play if the employee of a company causes a car accident while on duty.

Let’s take a look some examples of negligent entrustment and vicarious liability in the context of motor vehicle accidents.

When someone loans a vehicle to a poor driver

When someone loans a car to a bad driver, the person who loans the car assumes a certain amount of responsibility for what happens. Let’s say a vehicle owner give his car to a friend who has a record of drunk driving violations. If the driver causes a crash while intoxicated, he or she will likely be liable for what happens, but the person who loaned the car may also be liable.

Parents may also be liable for damages that their children cause when they borrow a vehicle. In this respect, parents have a duty to make sure their children have matured enough, and have the necessary driving skills, to drive responsibly.

When a company hires a driver

Companies that employ drivers for any number of reasons will probably be liable if their employee causes a crash. This relates to the legal theory of vicarious liability. If an employer asks a worker to perform a task as the employer’s agent, then the employer will assume responsibility if the worker causes damages in course and scope of performing that task.

Vicarious liability would come into play in the simplest of car accidents. Imagine an employee driving to the post office causes a collision, and the accident was the employee’s fault. Only in rare cases will the employer not be liable — for example, if the employee was drunk or acting in a manner that was unlawful or grossly negligent.

Does vicarious liability or negligent entrustment play a role in your case?

Personal injury plaintiffs can use vicarious liability and negligent entrustment to identify all potentially negligent parties after a car or semitruck accident. When a plaintiff can identify more defendants, he or she will have a better chance of obtaining a successful financial recovery.

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