Protect Your Kids From Dog Bites On Halloween

Halloween is one of the funnest nights of the year for kids. However, it can be scary and confusing for dogs. Hearing the doorbell ring for hours on end can send them into a frenzy. The opening and closing of the front door gives them ample opportunity to make a break for it and find out what’s going on.

Some dogs, unfortunately, get tied to a tree or fenced in on Halloween night, which can make them aggressive if they manage to break free.

That’s why it’s essential to be careful around any dog that you encounter while you’re trick-or-treating. A lot of dog bites occur on Halloween. Even a friendly neighborhood dog may not recognize your child behind a mask and costume, wielding a wand or light saber. It may think that you’re there to attack its family.

Dog guardians should take care to keep their dogs safely tucked away in their home where they can’t escape or even encounter visitors at the door. However, if you and your little ones run into a dog whose people have not been so responsible, there are ways to protect yourselves:

  • Don’t approach any dog, even one you know.
  • If you encounter a dog out with its person, ask before you or your children do any petting.
  • If you come upon a dog that is loose, don’t look at it. That’s considered a challenge in dog language.
  • If a dog knocks your child to the ground, instruct him or her to roll up into a ball. The face is often the first thing a dog will go for.
  • If a strange dog approaches, remember the instruction, “Be a Tree.” Everyone should stand still and be quiet. The more movement and sound a dog hears, the more it will be likely to attack.

If you or your children suffer a dog bite or attack, you should seek medical treatment. Dog bites can be particularly serious for children, who are more likely to suffer injuries to their faces than adults are. Then, it may be wise to consult with a New Mexico personal injury attorney who can help you seek compensation for any required medical care and other damages.

 

Source: 2 Dawg Nite, “9 Tips to Prevent Dog Bites on Halloween,” accessed Sep. 19, 2017

Maternal Mortality Rate Linked To Failures In Nurses’ Training

Many people may be surprised to learn that the mortality rate for women who give birth is higher in the U.S. than in any other affluent country in the world. There are many reasons for that, including, one could argue, a serious inequality in the care that women of different economic statuses receive. Maternal mortality rates, according to the Centers for Disease Control and Prevention, are highest among women who live in rural areas and those who are African-American.

Some 700 to 900 women lose their lives every year in this country during pregnancy or childbirth. Sadly, more than half of these deaths are preventable.

One reason, according to a study just published in MCN: The American Journal of Maternal/Child Nursing, is that postpartum nurses are not properly educated in the potential dangers to new mothers. Therefore, they’re not able to recognize what should be alarming symptoms or to tell their patients what symptoms are potentially dangerous.

These include headaches, breathing problems, heavy bleeding and painful swelling. While no woman feels physically comfortable just after giving birth, these symptoms can be indications of potentially serious and even fatal issues.

A survey of nurses found that on average they only spend about 10 minutes, if that, talking to new mothers about potentially dangerous symptoms. The survey also found that few nurses realized that heart failure accounted for over 25 percent of postpartum deaths.

Women are at least under medical supervision while they’re in the hospital. However, in the U.S., the average hospital stay for a new mother is just two days. Once they go home, they’re likely consumed with caring for their new child and paying less attention to their own health. If they don’t know what symptoms to be concerned about, they may not notify their doctors.

Numerous complications can occur before, during and after giving birth that can cause harm and even death to women. However, as noted, too often, this is preventable. If you believe that you or a loved one was not properly cared for by medical professionals during this crucial time, it’s wise to consult with a New Mexico personal injury attorney to find out what your legal options are.

 

Source: National Public Radio, “Many Nurses Lack Knowledge Of Health Risks To Mothers After Childbirth,” Nina Martin, ProPublica, accessed Sep. 14, 2017

Do You Know The Top Causes Of Truck Accidents?

On behalf of Law Firm of Alexander D. Crecca, PC posted in blog on Wednesday, September 13, 2017.

As you drive on the many highways throughout the state of New Mexico, you know that you will often be in close proximity to commercial vehicles, such as large trucks and buses.

It’s easy to believe that you will never be involved in an accident with a truck, but it’s impossible to know what the future will bring. Even if you are driving safely, a trucker may make a mistake that leads to a crash.

Here are some of the many causes of commercial truck accidents:

  • Reckless driving. From speeding to swerving, any form of reckless driving can cause a serious accident.
  • Lack of training. It’s not easy to drive a large commercial truck. Every trucker should receive the proper training before taking to the road.
  • System of compensation that promotes faster vehicle speed. When a trucking company pays more for getting the job done faster, it’s only natural for a trucker to speed.
  • Drowsy driving. Truckers are often on the road for many hours at a time. If a person neglects to take a break, it’s possible that he or she could fall asleep at the wheel.
  • Driving under the influence. Driving under the influence of alcohol, drugs or prescription drugs can increase the likelihood of an accident.

These are among the most common causes of truck accidents, but this is not a complete list. There are many other reasons why a trucker could strike your vehicle, thus putting you in a bad position.

If you find yourself dealing with the aftermath of a truck accident, your health and well being should always come first. You must also take the time to learn more about your legal rights, as you may be in position to receive compensation for your injuries and other damages resulting from the accident.

Why Nurses Are Increasingly Victims Of Violence

At hospitals here in New Mexico and across the country, nurses face workplace dangers every day, from lifting heavy patients to contact with contaminants. They’re also at risk of being the victims of violence.

We all recently saw the disturbing video of a Utah nurse who was violently arrested by police when she refused to take a blood sample from an unconscious patient. The perpetrators of violence can be patients, visitors and even other medical professionals. This June, a disgruntled New York City physician fatally shot another doctor and injured several others at the hospital where he worked before he shot himself to death.

The problem of violence against hospital personnel seems to be getting worse. According to the Occupational Safety and Health Administration (OSHA), from 2011 to 2013, close to three-quarters of all workplace assaults happened in health care facilities. In 2015, according to other government statistics, the rate of hospital workers injured was five times that for all private industries.

U.S. Bureau of Labor Statistics data shows that the rate of hospital employees intentionally injured on the job at the hands of another person is significantly higher than the rate across all private industries. In 2015, the most recent year available, there were 8.5 cases of injuries per 10,000 full-time hospital workers, versus 1.7 cases for all private industries.

Some of this violence is perpetrated by prisoners who are supposed to be guarded while in the hospital by correctional officers. Angry or distraught family members of patients, mentally ill people as well as people under the influence of drugs and alcohol can also present a danger. Some nurses have suffered sexual assaults.

While dealing with physical aggression and violence has long been viewed by hospitals as part of the job of being on the front lines. However, nursing advocates are increasingly working for legislation and other changes to help protect them. These include greater OSHA regulation, better staffing, stronger legal penalties for patients who attack hospital personnel and more training to help nurses learn to deescalate situations and spot signs that a patient could be violent.

Hospital workers have the right to expect their employers to provide adequate safety measures to help protect them from becoming the victims of violence. When a nurse or other medical professional is injured or killed at work, family members can and should determine what type of legal recourse they have.

 

Source: Peoria Journal-Star, “As hospital violence grows, nurses seek reforms,” Kate Thayer and Hannah Leone, Aug. 19, 2017

Reducing Your Chances Of Suffering A Dog Bite

The Centers for Disease Control and Prevention (CDC) reports that each year, about 4.5 million dog bites occur. Obviously, some bites are more serious than others. Only about 20 percent require medical attention. Infants and children are more likely to suffer serious or even fatal injuries than adults because of their small size and their likelihood of being near a dog’s mouth

While some types of dogs such as Pit Bulls, Doberman Pinschers and Rottweilers are perceived as dangerous, the way that a dog is treated has a lot to do with their propensity to bite. Dogs who are kept chained, for example, are more likely to bite or attack than those who are not. Further, dogs who haven’t been spayed or neutered are more likely to be aggressive. Nonetheless, a bite from a large dog is generally more serious than one from a Chihuahua or other small dog.

There are things that you can do to minimize your chances of being bitten. First, it’s essential to understand why they bite. Dogs have their reasons, even if humans don’t understand them. They may bite because:

  • They’re afraid.
  • They’re in a stressful situation.
  • They’re startled
  • They are protecting themselves, their owners or their puppies
  • They don’t feel well.
  • They get overly excited while playing.

If you understand why dogs bite, you can reduce the risk of injury. If you encounter an unfamiliar dog, particularly one who isn’t with a person, it’s best not to approach it. If the dog approaches you, remain still. Don’t scream, run or make eye contact. If a dog knocks you down, roll into a ball, covering your neck and ears with your arms.

No matter how friendly a dog is, don’t approach it when it’s sleeping, eating or with its puppies. Remember to let a dog sniff you before you pet it. Don’t give a dog any reason to fear you. Once it’s gotten your scent, it’s best to scratch it under the chin rather than pet its head.

Many people’s homeowner’s insurance policies cover dog bites. In fact, about a third of the claims paid out on these policies involve dog bites and other injuries caused by dogs. Therefore, if you are bitten or attacked by a dog and suffered an injury, it’s wise to seek legal advice to determine what your options are for seeking compensation to cover medical care and other expenses.

 

Source: Canine Journal, “Dog Bite Statistics,” Sara Logan Wilson, accessed Sep. 01, 2017

The Consequences To Hitting Protesters With A Car May Be Changing

The right to peacefully assemble and protest is one that Americans have long held dear. In recent months, we’ve seen millions of people exercise that right throughout the country on behalf of (and against) various causes.

Some protests are more peaceful than others. Tragically, in the recent protests in Charlottesville, Virginia, one woman was killed and 19 people were injured when a young man plowed through a group of people gathered to counter protests by white nationalists. The 20-year-old driver is facing second-degree murder charges.

For those in New Mexico who feel strongly about issues and leaders and want to exercise their right to peaceful protest, it may be disturbing to learn that state lawmakers in at least a half dozen states throughout the country have been working to enact legislation that would protect drivers who strike protesters in the streets from criminal and/or civil liability as long as those drivers are exercising “due care,” as one proposed bill puts it, to avoid hitting anyone.

None of the proposed bills has passed their individual state legislatures yet to become law. Some failed to make it out of committee. A bill passed in the North Carolina House, but has yet to be considered by the state senate. One of that state’s legislators expressed the thoughts of many who support this type of legislation when he said, “These people are nuts to run in front of cars like they do. If somebody does bump somebody, why should they be held liable?”

There are no reports of such legislation being considered here in New Mexico. However, it’s important to know what individual state laws are if you are going to participate in a protest, march or rally in another state, as many people do. It’s also essential to exercise caution, particularly if you’re on or near a street that hasn’t been closed to traffic.

These events can be chaotic, even when they’re peaceful. It may be difficult to determine who was at fault if someone in a crowd is struck by a vehicle. If you’re injured, it’s important to find out what your rights are. Even if the driver isn’t charged with a crime, you may be able to seek compensation in civil court.

 

Source: ThinkProgress, “Republicans in 6 states are trying to protect drivers who hit protesters,” Kira Lerner, Aug. 14, 2017

Unbuckled Back Seat Passengers Risk Serious Injury, Death

Next time your Uber or Lyft driver starts up the moment you get in the back seat before you’ve had a chance to buckle your seat belt, remember this statistic: in 2015, over 1,000 back-seat passengers were killed in car crashes.

Those statistics included renowned veteran newsman Bob Simon. A report last year by the Governors Highway Safety Association found that back-seat passengers triple their risk of dying in a crash if they don’t buckle up.

We’re approaching the 20th anniversary of the death of Princess Diana, who wasn’t wearing a seat belt in the back seat. The car in which she was riding was involved in a horrific crash in Paris while being chased by paparazzi. Two others in the vehicle, also unrestrained, were killed as well.

According to the Insurance Institute for Highway Safety, many people assume that they’re safer in the back seat than in the front, so they’re less likely to buckle up — particularly when they’re in a rideshare vehicle. However, the IIHS notes that an unrestrained back-seat passenger can slam forward into the front seat at some 35 miles per hour, also injuring or killing the person in that seat. An IIHS researcher notes that “the laws of physics aren’t suspended just because you’ve moved to the back seat.”

People have reported that they’re less likely to use a seat belt if they aren’t in the front seat if they’re traveling only a short distance. However, accidents can happen on short trips as well.

If you are injured in a crash while not wearing a seat belt, that doesn’t negate your right to take civil legal action against an at-fault driver. However, it may lower the amount of compensation you’re awarded, since you may be found partly responsible for your injuries.

If you’ve been injured or a loved one was killed while a back-seat passenger, don’t let anyone tell you that you don’t have the right to take legal action. However, don’t let any driver start on a journey, no matter how short, until you’re safely buckled up.

 

Source: USA Today, “Unbuckled in the back seat? You’ll become a human missile in a crash,” Sophia Tulp, Aug. 03, 2017

What Happens When A Drowsy Truck Driver Cause An Accident?

One of the leading causes of semitruck accidents is driver fatigue. Simply put, truckers adhere to rigorous schedules. The result is that they are often weary or sleepy when behind the wheel.

What happens, though, when a drowsy driver causes a collision? Is the truck driver liable? And what about the driver’s employer? Where, exactly, does the legal responsibility lie?

How vicarious liability works in a semitruck accident

In any personal injury case — where the negligently-acting or at-fault party was carrying out his or her job duties at the time of the collision — the legal doctrine of vicarious liabilitycomes into play. This ancient doctrine, stemming from the legal concept “respondeat superior” has been around since Roman times.

“Respondeat superior” — literally, let the master respond — refers to the fact that the employer in control of another individual should be liable for damages caused by that individual. If, for example, the employee causes a crash due to negligence during the course and scope of his or her employment, the employer will also be liable, vicariously, for resulting damages.

It’s because of vicarious liability, therefore, that the employer of a semitruck driver that hurts you should also appear as a defendant in any personal injury lawsuit that results from a car accident. On the other hand, vicarious liability might not come into play if a semitruck driver hurts you while he or she is taking an unauthorized break on the other side of town to do something completely unrelated to his or her employment.

Did an on-duty employee hurt you in an accident?

New Mexico residents who suffer injury due to the fault of a negligent employee may want to investigate the liability of the employer before moving forward with a personal injury claim. When a plaintiff adds an additional defendant — such as a company or business — to his or her lawsuit, it could serve to increase the chances of a successful financial recovery.

New Mexico Man Convicted A Second Time For Deadly Crash

After having his first convictions for vehicular homicide and other charges including DWI overturned on appeal, a 62-year-old New Mexico man has once again been convicted in the death of a motorcyclist back in 2011.

The man, who lives in Rio Arriba County, was originally tried and convicted for a crash that killed a 51-year-old man and seriously injured his wife. It occurred over the Memorial Day holiday on the High Road leading to Taos, near Cimayo. The man allegedly crossed the center line and ran into a motorcycle, including the man who died and his wife. Another motorcyclist was also injured in the crash.

After the fatal collision, police said that they found the man in his home where he was drunk and in possession of the keys to his truck, which he left at the scene of the crash. He claimed that his truck had been stolen.

However, the New Mexico Court of Appeals overturned the verdict in 2015. The court ruled that since the police didn’t have a warrant to enter the man’s home after the crash, the evidence that they found there should not have been allowed to be presented during the trial.

Prosecutors argued in the appeal that deputies entered the man’s home because they were concerned for his well-being, and therefore they didn’t require a warrant. However, the appeals court determined that “deputies did not have reasonable grounds to believe that the Defendant might have been injured to an extent requiring their immediate entry and assistance.”

It was not reported whether the evidence obtained by deputies that night at the man’s home was allowed to be presented at the retrial. However, a jury found him guilty of vehicular homicide, causing great bodily harm and leaving the scene.

Motorcyclists are among the most vulnerable people on New Mexico’s many winding, majestic roadways. Motorists responsible for crashes that injure and kill motorists can face serious criminal consequences. However, victims and surviving loved ones can also hold them civilly liable for the costs of medical care, lost wages and other damages caused by their recklessness.

The Danger Of Exertional Heatstroke For Young Athletes

As football practice starts up again at high schools and colleges here in New Mexico and across the country, players face the threat of a potentially fatal condition called exertional heatstroke (EHS). According to one study, it’s the third most common cause of sudden death in teen athletes.

This condition, which is a severe heat-related illness more serious than heatstroke, can harm and even kill young, healthy athletes. A person suffering from EHS has a dangerously high core body temperature of 104 degrees or higher.

Even a short period of time with this temperature can cause permanent damage to organs including the brain, kidneys and liver. If it strikes the central nervous system, it can lead to irreversible neurological damage, coma and death.

That’s why it’s essential that coaches, trainers, parents and team members be able to spot a player who may be suffering EHS, remove him from the heat and get emergency treatment. The symptoms, aside from the high temperature, include dizziness, fainting, vomiting, disorientation and even aggression.

People have become more aware of the dangers of concussions and dehydration for football players in recent years. There’s been greater focus on the importance of getting players off the field and checked out by a medical professional if they are suspected of suffering either one of these conditions.

However, EHS has not received this kind of attention. Many players, parents and team officials simply feel that playing in the late summer heat is a necessary part of preparing for the upcoming season.

If your child has suffered EHS or has lost his life due to complications of the condition, it’s essential to find out what those around him did to prevent the condition or treat it, if anything. An experienced New Mexico attorney can provide guidance on what your legal options are so that you can seek justice for your child and help prevent others from being harmed.

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    The Crecca Law Firm is located in Albuquerque and represents clients and takes injury claim cases throughout the entire state of New Mexico.
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