Tag Archive for: help

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.

How Angel’s Law Protects Albuquerque Residents From Vicious Dogs

Adopted by the City of Albuquerque in 2016, Angel’s Law aims to protect the general public from vicious dog attacks. The main goal of the lawmakers who drafted this legislation was to protect young children and other individuals lacking the ability to defend themselves from harm.

It’s believed that by holding individuals both civilly and criminally accountable for the actions of their vicious dogs, that it will have a significant impact on improving the safety and health of the most vulnerable sectors of our population.

Under the law, a dog is labeled as being potentially dangerous if it has already caused harm to either an individual or their companion animal before. In that case, the injury said to have been inflicted on either has been deemed to be one step down from the most serious type.

Additionally, any dog that displays aggressive behaviors, such as unprovoked chasing of another or threatens to jump the fence, may be labeled as being potentially dangerous as well.

In contrast, under Angel’s Law, dangerous dogs are described as ones that have been known to act aggressively without any provocation of any sort. These dogs have also inflicted serious injury or death on others. Any dog, with the exception of police dogs, that is observed either actively menacing or chasing an individual or their companion animal without some type of prior provocation, may be deemed to be dangerous.

Owners of a dog may be labeled as irresponsible in cases in which he or she exhibits behavior believed to be representative of someone who is not capable of either humanely or safely possessing an animal.

The city keeps a listing of known dangerous dogs, including its name, description and location on its website as one of the ways of trying to protect its residents’ safety.

If you’re been seriously injured or know someone that has been killed as the result of having been bitten or attacked by a vicious dog, then you may wish to seek out the guidance of lawyer. In reviewing the details of your case, an experienced Albuquerque dog bite attorney can advise you of your rights to reimbursement for medical or funeral costs, lost wages and other expenses.

What You Should Know If Your Child’s Dentist Recommends Sedation

All parents are nervous the first time their child is put under sedation for a dental procedure. However, they don’t (and shouldn’t) expect it to be fatal. In some cases, however, children have died under general anesthesia or deep sedation while having dental work done.

Some of these tragedies occur because dentists and those controlling the anesthesia don’t adjust for differences between children and adults. Children have smaller airways that are more likely to become obstructed.

Another issue is that most traditional dental offices don’t have the equipment and resources to assist a child in distress, so crucial time is lost in getting help. That’s if the dentist and others involved in the procedure even realize what’s happening. Improper monitoring of a child’s vital signs and lack of proper training by those administering the anesthesia are two sources of anesthesia-related tragedies.

Sometimes kids seeming get through a procedure safely and start coming out of the anesthesia, so their parents take them home. However, his or her airway can still close up. That’s why proper recovery time at the dentist is essential. So is having another adult with you on the drive home to keep an eye on the child’s breathing. It takes children longer to fully come out of anesthesia than adults.

If your child’s dentist recommends deep sedation or general anesthesia for a procedure, don’t be afraid to ask questions. Find out about other options, like local anesthesia. If your child is very young, ask what the risks are of postponing the procedure. The head of the American Academy of Pediatric Dentistry says, “We advise members to use extreme caution when they’re looking at sedating a child less than 3. For those under the age of 2, I would recommend anesthesia be done in a hospital setting.”

Find out about the dental office’s and the dentist’s safety record and the experience and training of those involved. Find out specifically what your child will be given. Ask how your child will be monitored and by whom during and after the procedure. Ask if the procedure can be done in an outpatient clinic or hospital where a pediatric anesthesiologist and the staff can handle a potential crisis situation. If you’re not comfortable with the answers, take the time to get a second opinion.

If your child is injured or worse during a dental procedure, determine what your legal options are.

Are The Albuquerque Isotopes Liable For Injuries To Fans?

A Santa Fe County woman recently filed a lawsuit against the Albuquerque Isotopes baseball club, seeking compensation for injuries she suffered when struck by a ball while attending one of their games. It would seem she faces an uphill legal battle. Fans who have been hurt – even severely – at sporting events have had a tough time getting restitution from professional teams, stadium owners, and other parties who might be held liable. According to Ballpark Digest, this is largely because state and federal courts recognize that “the potential dangers of attending a baseball game are well known” and that adequate warning is provided on signs throughout most parks.

Still, it is far from impossible to find success in such lawsuits. Injured fans have, cumulatively, been awarded millions of dollars for injuries suffered at sporting events. Yet it remains unclear how the present case will play out.

Did the Isotopes fail to warn fans about the dangers inherent in baseball games?

At the Isotopes’ game, the woman in question was “hit by a baseball while eating popcorn,” resulting in “painful injuries to her hand.” The Santa Fe New Mexican reports that her lawsuit alleges that the club failed “to erect protective screening to prevent baseballs from entering the seating area” and “failing to warn attendees of…the danger of sitting along the third base line.”

If the courts find that the club indeed neglected its duty to keep the premises reasonably safe, then the suit may indeed be successful. The odds are somewhat long, however. An article in the New York Times details the extent to which ball clubs have, traditionally, been shielded from liability. Cases where fans have suffered grievous injuries – concussions, shattered skulls, permanent blindness – have typically ended in favor of teams, leagues, and stadium owners, while the victims get no help for medical bills.

Indeed, as many news items have said, Major League Baseball has pushed back against simple-seeming measures – such as expanding and enhancing the netting around stadiums – that would make it safer to attend games.

What about injuries outside the ballpark?

The question of liability at sporting events is a unique one. But it’s important to keep in mind that, generally speaking, property owners are obligated by law to keep their premises safe. If a guest, visitor, or other user suffers an injury, it is often the case that the property’s owner or manager can be held legally responsible.

As with all areas of the law, it is impossible to predict what will happen in every given scenario. This is why if an individual in New Mexico is injured, whether at a ball game, in the stadium parking lot, or elsewhere, it is important to consult with an attorney to learn what legal remedies might be available.

Safety Tests Show That Some Large Cars Are Safer Than Others

Many drivers feel safer in a large vehicle than in a smaller one. However, not all large cars are created equal.

In recent crash tests conducted by the Insurance Institute for Highway Safety (IIHS), only three large cars received the organization’s coveted “Top Safety Pick Plus” classification. The three vehicles that did this were the Toyota Avalon, Mercedes-Benz E-Class sedan and Lincoln Continental.

Surprising to some was the fact that the Tesla Model S failed to make the cut. Tesla, which is still new in the luxury car field, has touted its Model S as the safest car ever made. The automaker’s website describes it as “designed from the ground up to be the safest, most exhilarating sedan on the road.”

According to an IIHS executive, however, the car failed to perform well in the small overlap test. This test simulates a crash where the front driver’s side of the vehicle strikes an inanimate object like a telephone pole. In the test, the Tesla crash test dummy hit its head on the vehicle’s steering wheel. The seat belts were also found to be not strong enough.

Two other cars that were tested, the Chevrolet Impala and the Ford Taurus, also failed to earn the Top Safety Pick Plus label. Like the Tesla, they displayed problems in the small overlap test.

Despite these issues, the IIHS executive noted, “Large cars, by virtue of being large, are safer than smaller ones.” However, it’s important to do your homework before buying any car to determine what its safety record is.

If you are injured in a crash or a loved one is killed and you believe that the vehicle did not perform as it should have to protect those inside, it’s worthwhile to discuss your concerns with an experienced Albuquerque personal injury attorney. Regardless of whose fault the crash was, you may be able to seek compensation from the automaker.

Tennis Star Facing Wrongful Death Suit After Fatal Crash

Just weeks before she was to head off to London to compete for the 20th time at Wimbledon, tennis star Venus Williams was involved in a fatal car crash. While Williams was not injured, a 78-old-man and his 68-year-old wife were. The man died approximately two weeks later from his injuries.

The crash occurred on June 9 in South Florida. According to authorities, Williams was going through an intersection in her SUV, traveling at approximately 5 mph, when the other vehicle hit her. The wife was driving, and her husband was a passenger.

Witnesses reported that Williams had entered the intersection on a red light, while the couple in the other vehicle had a green light. The police report said that Williams was “violating the right of way” at the time. The crash is still being investigated, but Williams has not been cited.

The couple’s daughter, however, has filed a wrongful death suit against Williams. The suit also details her mother’s injuries, which reportedly include “a cracked sternum, shattered right arm, broken wrist, hand and fingers.”

Williams, who had already expressed her “heartfelt condolences” to the family on Facebook, was questioned about the crash in a news conference at Wimbledon. She tearfully called it “devastating,” but was unable to continue with her answer. Reporters were instructed not to question her further about the crash.

Even if no traffic citations are issued or criminal charges are filed after a crash, victims and surviving loved ones can still pursue civil action against an at-fault driver. This can help them get compensation for medical bills, funeral costs, pain and suffering, lost wages and more. An experienced Albuquerque wrongful death attorney can provide guidance as you rebuild your life without your loved one.

Crash Test Dummies Evolving To Reflect Real Americans

A sad fact of life is that Americans are getting heavier. They’re also getting older. Therefore, in order to better simulate the impact of a car crash on real people, one company that makes crash test dummies has created two new dummies that weigh what is considered obese. That means adding an extra hundred pounds to a standard crash test dummy. Another is meant to replicate a 70-year-old obese woman.

The Michigan International Center for Automotive Medicine (ICAM) was involved in developing these new dummies. The director of ICAM says, “The typical patient today is overweight or obese — they’re the rule rather than the exception. You can’t talk about injuries without talking about the person.” He adds, “The population is getting older, and as it gets older it gets fatter as well.”

How does obesity impact the injuries that a person can sustain in a crash? For one thing, if they are involved in a frontal crash, they can slide underneath their seat belt, which can lead to more serious lower-extremity injuries than those suffered by people who aren’t obese.

Older people also suffer different injuries than younger people in car crashes. For example, they’re more likely to suffer chest injuries (by as much as 15 times those suffered by younger drivers and passengers.) That’s because the shape of the chest changes as people age.

As people stay healthier into their senior and elderly years and are able to continue driving, it’s essential that auto manufacturers and companies that work to ensure auto safety adjusts to the changing demographics of Americans. However, there are no guarantees that you can avoid injuries in a car crash. If you or a loved one has been injured by a reckless or negligent driver, it’s essential to determine that in order to seek compensation.

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