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Tag Archive for: help

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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Analyzing 2016 Dog Bite Data: Pit Bulls Involved In Many Attacks

February 3, 2018

Dogs are man’s best friend, and in most cases they are properly trained pets that adore their owners and love the people that are around them. But in certain cases, the dog may be improperly trained or display vicious and dangerous behavior. These dogs are serious threats to everyone around them, and if they snap and attack, they can cause catastrophic or even fatal injuries to unsuspecting people.

There were 31 fatalities in 2016 that were related to dog bites in the United States. From 2005 to 2016, the number of dog bite-related deaths was 392, and a vast majority of these cases involved a pit bull. Even though pit bulls only make up 6 percent of the dog population in the U.S., they were involved in 71 percent of the fatalities related to dog bites in the U.S. from 2005 to 2016.

This is the first lesson from these statistics: pit bulls are inherently powerful dogs that are often mistreated. As a result, these dogs can lash out at people and harbor aggressive behaviors. When they are involved in a dog bite incident, the possibility of injury and even death is high. Owners of these dogs need to pay special attention to their dogs, train them properly, and ensure they are secured.

The other lesson here is that dog bites affect a lot of people and families every year. These victims need to fully consider their rights and legal position in the wake of an unfortunate dog attack.

 

Source: Dogbites.org, “2016 Dog Bite Fatalities,” Accessed Jan. 30, 2018

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When iPhone Cases Attack

February 2, 2018

MixBin Electronics, a manufacturer of iPhone cases, recently recalled nearly 275,000 of its products from the market. The action was necessary after two dozen customers reported that faulty phone cases had led to chemical burns or skin irritation.

According to CBS News, the recall involves cases designed for the iPhone 6, the iPhone 6s and the iPhone 7. These cases – which were sold at Victoria’s Secret stores nationwide, among other outlets, and retailed for up to $65 – contained floating liquid glitter that was, unfortunately, prone to leaking out onto users’ hands and faces.

And, in many cases, the leaking glitter led to injury.

Many smartphone products can be harmful

This case is just the latest in a series concerning how smartphones and their accessories can be harmful to consumers. The most notorious, perhaps, came about when Samsung 7 phones began to explode, thus making them illegal to carry on airplanes. But in the decade-plus since these items became available for purchase, they have caused a wide variety of burns, bruising, scarring and other types of injury.

The Consumer Product Safety Commission has advised individuals to “immediately stop using the recalled cases.” Already, they have caused permanent scarring to one consumer, while another reported “chemical burns and swelling to her leg, face, neck, chest, upper body and hands” – everywhere a phone might touch in the course of making or receiving a call.

The cases, which one outlet notes look like a “snow globe” (and, like a snow globe, shouldn’t be shattered), were manufactured in China, but sold worldwide. The majority of the injuries occurred in the U.S.

Those who have suffered harm as a result of MixBin’s products or similar items ought to work with a qualified lawyer so as to maximize the compensation they can receive for medical care and related expenses. Burn injuries in particular can be difficult to treat, and insurance companies are quick to dispute victims’ claims and offer paltry settlements. It is in consumers’ best interests, therefore, to find knowledgeable and experienced legal help.

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How Retailers Like Target And J. Crew Contribute To Truck Wrecks

February 1, 2018

Trucking accidents are not always the fault of truck drivers. Nor are they caused by mechanical failures within the trucks themselves. Rather, as detailed in a series of recent investigative articles published in USA Today, many tractor-trailer collisions can be traced back to the trucking companies that hire drivers, as well as the retail outlets that they service.

Specifically, owing to demands that stem from the retail industry, many truck drivers are forced to work shifts as long as 20 hours, are disallowed from going home, and even, in some cases, work off-the-clock – that is, for free. Failing to go along will result in being laid off. Such practices (which clearly violate federal labor  laws) are a primary contributor to driver fatigue, which in turn is a primary factor of trucking accidents.

What did USA Today learn?

Some key takeaways from the USA Today report, which reveal how systemic pressures make trucking needlessly dangerous, include:

  • Dozens of Fortune 500 companies, such as Target and other major retailers, have paid lobbyists more than $12 million to fight bills that would ensure truckers receive a minimum wage and other basic protections.
  • Dispatchers would schedule truckers for shifts of up to 20 hours, despite a federally mandated 11-hour limit. In many cases, truckers were forced to claim 11 hours on their timesheets, and were not compensated for the additional hours. This is so that the trucking companies can keep their costs down, and offer the lowest bid for trucking contracts.
  • Trucking company managers physically bar truckers from going home after a shift, keeping lot gates locked and then sending drivers back to work with minimal rest.
  • Managers and supervisors create a “culture of fear,” by threatening to fire drivers if they don’t comply.
  • Some trucking companies charge their drivers a weekly fee for company toilet paper and other necessary supplies.

These are just a few of the means by which truckers are mistreated. Of course, the abuse they endure gets passed on, all too often, to other drivers on the road.

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Will New Legislation Make Semi-Trucks Safer?

January 30, 2018

Side-underride crashes are among the most deadly types of automobile accidents. They occur when a passenger vehicle—that is, a car or hatchback or minivan or some such— collides with the side of a semi-truck, and then slides under the truck. What often happens, as one can readily imagine, is that the truck’s wheels then obliterate the passenger vehicle. This is not unlike a shark feasting on smaller prey.

Recently, congress proposed a bill that aims at reducing the incidence of such accidents. Specifically, lawmakers want to mandate the implementation of guardrails along the sides of trucks. These rails would extend the body of a truck, making it lower to the ground and therefore harder for cars to slide beneath.

The trucking industry is somewhat opposed to the measure, however. It would increase the price of business. As such, they have an interest in keeping trucks as they are.

A brief history of side guards

Side-underride crashes kill hundreds of people each year. They take place most frequently at night, or during “low sun-angle conditions” that make it hard to see. According to Truck Forensics, collisions usually take place “when a truck driver either is attempting to cross or turn onto a street or highway, is attempting a u-turn, or is trying to back across traffic.” That is, in scenarios when a truck driver’s vision is more limited, and when his or her attention might be more focused on the logistics of maneuvering than on the surrounding vehicles.

The National Transportation Safety Board (NTSB) issued a recommendation to the national government that all new trucks be outfitted with side guardrails in 2014. But the recommendation was nonbinding and has gone more or less unheeded. This is in large part because of industry opposition. The Truck Trailer Manufacturer’s Association, for example, has argued against the requirement, because of “added cost, technical challenges and concern that the guards would weaken parts of a trailer or dangerously increase their weight.”

This despite the fact that the NTSB concluded guard rails would “reduce injuries and deaths on America’s roads.” Perhaps, with a bit of legislative effort, such a reality can come to pass.

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When Drivers Of Driverless Vehicles Get Into Crashes

January 27, 2018

Late last week, a Tesla traveling at 65 miles per hour crashed into the back of a fire truck. The Tesla’s driver claims the collision wasn’t his fault; the Tesla’s driver claims he wasn’t driving. The vehicle was on autopilot—that is, the car was driving itself. As such, the driver believes he should not be held liable for the incident.

As detailed in The Washington Post, this is just one in a growing number of such accidents. And the legal ramifications aren’t yet clear cut. Namely, it’s uncertain whether the “drivers” of such cars, their manufacturers, or engineers further up the supply chain are at fault for collisions when the cars are set to autopilot.

Where does responsibility lie?

Tesla is quick to deflect blame. They note that “its autopilot system is not fully autonomous,” and that drivers are informed that they are expected to be “fully attentive” behind the wheel because they are ultimately responsible for any accidents that happen.

But the cars themselves do make mistakes. In 2016, for example, a Tesla Model S crashed after it failed to recognize that a semi-truck had turned onto the highway in front of it—yet recognizing and accounting for merging and fluid traffic is something the cars are supposed to be able to do. (The driver was held responsible in this case, but prominent commentators assert that the vehicle contributed actively to the incident.)

Likewise, according to Claims Journal, as autonomous vehicles become more and more common, the start-ups and tech companies that develop the software that goes into them may find themselves liable. “Software that will run each component of an autonomous vehicle” – such as onboard computing, wireless internet networks, and graphics rendering systems – “will be essential to the smooth, safe, and secure operation of the vehicle and each present a point for consideration of the assignment of liability in the supply chain.”

Furthermore, there is the question of whether autonomous vehicles are in some way responsible for cultivating overreliance on behalf of drivers. That is, even though drivers should know that the autopilot feature is unreliable, the carmakers have made it too alluring and safe-seeming to resist giving it too much authority.

Still, in many cases to-date, the drivers themselves are the ones being held to account.

What to do

If you have been in a collision with an autonomously piloted car – with you were driving one yourself, or were struck by one – it could be advantageous to work with a lawyer to ensure your rights and interests are protected.

Such incidents can lead to a wide range of expenses – from property damage to lost wages to medical bills – and, in many situations, an attorney is necessary for accident victims to get their fair due.

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Dealing With Damage To Your Rental Car

January 25, 2018

Minor or significant car damage to your own car can be a costly, frustrating and stressful issue. However, when it is not your rightfully owned car that’s been damaged but instead one that you have rented, you may be worried about extremely high charges, or wonder if the company you rented from is overcharging you for repairs.

Of course, as it stands for any type of car accident, the most important thing to ensure is the safety of yourself and of others. If you are involved in a crash, you have the duty to stop and check on everyone’s well-being. After this, you should exchange details and take photos of the evidence, before getting in touch with your car rental company. It is likely that there will be an emergency number to call on the windshield or in the car manual.

Understanding the role deductibles play

One of the first things you will want to find out is what your deductible is. For example, you might have a deductible of $600. If the incident you were involved in caused $1000 in damage in this case, you will have to pay $600, and the insurance company pays the other $400.

Collision damage waivers

If you have purchased a collision damage waiver as part of the insurance of the car, it means that you will not need to pay any of the damages in the event of an accident. However, it is important to remember that this does not include the coverage of any medical bills.

If you are concerned about your charges in regard to a rental car accident, you should firstly read over the terms of your contract. If matters still seem suspect, you may want to work with an attorney who can assert your needs and rights.

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

January 16, 2018

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.

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