Posts by Peach

Drunk Driving Accidents: Who is Liable?

Posted by on Jul 25, 2017 in Car Accidents, Personal Injury | 0 comments

When you see car accidents in the news, many of the deadly ones often involve drunk driving. This is enough proof that drunk driving is one of the most dangerous things you can do on the road.

Authorities have acknowledged the danger of drunk driving, and that is why it is illegal. But who is really liable, when an accident and injury does happen?

Driver

The driver is the one behind the wheel, so obviously he is the one at fault. Alcohol has negative effects on the body, including poor body control, limited mental sharpness, and slow reaction – all of which are not that hard to deem as dangerous. So, the driver can be considered reckless if he goes behind the wheel despite having these bodily conditions.

The saddest part is the fact that himself is not the only one in danger. The other people on the road are just as at risk. According to the website of the Goings Law Firm, LLC, drunk drivers who have caused a range of expenses, including medical bills and property damages, to innocent parties may be legally required to give compensation.

But to be honest, monetary compensation is not enough to offset the emotional trauma that innocent parties may have for being involved in a traumatic experience.

Dram Shop / Social Host

The business who has sold the alcoholic beverage that has led to the intoxication of a driver can also be at fault, merely because of the fact that they have excessively served an impairing product to someone who is clearly going to drive his way out of the premises. This can be considered an act of negligence on the part of the business owner, and he may be held liable for the damages that have been sustained.

Like dram shops, social hosts can also be held liable. These are private entities like family members and friends who have committed the same negligent act. But the bad thing about dram shop and social host liability is that it is hard to prove, because it is easy to assume that an intervening factor is the cause of the accident, such as the drunk driver himself. Therefore, these cases are not as strong as those that make drivers the ones completely liable.

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Car Defects: A Result of a Car Manufacturer’s Negligence

Posted by on Dec 12, 2016 in Product Liability | 0 comments

It is the task of the National Highway Traffic Safety Administration (NHTSA) to save lives by passing and enforcing laws that will reduce road accidents and prevent anyone from getting injured in a car accident. This task is partly accomplished by the NHTSA by making sure designers and makers of cars comply with federal standards (particularly those mandated under the Federal Motor Vehicle Safety Systems or FMVSS) on vehicle safety and excellence. This is the federal government’s way of making sure that all manufactured car passenger vehicles, prior to leaving the manufacturing plant, are designed safely and do not contain defective parts that will put lives at risk.

Despite federal standards and the NHTSA’s implementation of laws, however, cars with defects (either in design or part) continue to be sold, making their presence on the road possible threat to road safety and turning what may be a non-injurious or non-fatal car crash into an injurious or fatal accident. The consequences of these defects are vehicle recalls, made either by the manufacturers themselves or by the NHTSA through a court order.

Over the past years, some of the various causes of recalls and the affected number of vehicles include:

  • Suspension bolt coming loose and disabling the steering column, which affected 5.8 million General Motors cars in 1981;
  • Fuel lines that cracked and spilled gasoline onto the engine, setting the vehicle on fire, which affected 11,500 Ford Escapes from Ford Motor Company;
  • Blowing tires from Firestone, which had tire treads that separated from the steel belts. About 6.5 million of these faulty tires got recalled, but after it was linked to 200 deaths;
  • Car ignition that started up by itself, which affected 7.9 million Ford vehicles manufactured between 1988 and 1993;
  • Unintended acceleration, which resulted to cars speeding up on their own. This affected the Audi 5000 in the 1980s and about 9 million 2010 Toyota car models; and,
  • Cruise Control Switches, which affected about 14.9 million Ford cars and trucks manufactured between 1991 and 2004.

Based on 2013 NHTSA records, more than 10 car manufacturers recalled as many as 22 million vehicles due to defective parts, like seat belts, tires, steering wheel, child seats, brake pads, wipers, and air bags that just deploy despite the vehicle not crashing. In 2004, though, vehicle recall hit a high of 30.8 million. Defects make car accidents one of the leading causes of serious injury and wrongful death in the United States each year, and the sad truth is, if not because of these, then far too many accidents could easily be prevented.

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Complications of Bone Fracture

Posted by on Sep 24, 2016 in Personal Injury | 0 comments

Broken bone or bone fracture refers of a break or a crack in a bone. This happens whenever a force that is stronger than the bone can withstand is exerted against it. While the most common sites for bone fractures are the hips, arms and legs, there are also cases wherein fractures occur to the skull and ribs (fractures to these parts can present life-threatening injuries).

Besides pain, swelling, bruising, deformity and inability to use the limb, bone fractures can also cause other complications, including blood loss, stunted growth of the bone, and injuries to organs, tissues and other structures surrounding the injured bone.

The most common causes of bone fracture are traumatic sporting accidents, falls and vehicle accidents. Osteoporosis and certain types of cancer which cause the bones to fracture more easily present risks, such as making even a fall accident end up with serious results. While some bone fractures will only require a plaster cast or the surgical insertion of plates or metal rods which will hold the bone pieces together, complicated fractures usually require surgery and surgical traction.

Among the many types of motor vehicles, bone fractures are most common among motorcycle riders. This is due to the lack of body protection except the helmet (the helmet should comply with government standards to ensure enough cushion to the head in case of certain types of accidents).

The risk to accidents and injuries motorcycle riders are exposed to is often due to drivers of passenger vehicles failure to deny motorcyclists their right of way. Most often too, drivers never check for possible approaching motorcycles before making a turn, before backing up in parking lots or before opening their car door.

According to the Spiros Law Firm, though broken bones may be reset and scarred tissue may be corrected, these injuries may cause long-term issues with mobility and chronic pain that will necessitate continued medical treatment. Often, those injured and their families become subjected to financial difficulties due to the cost of medical treatment associated with the injury. Taking legal action against those who are fault in the accident that caused the bone fracture, in order to recover compensation for any past and future expenses resulting from the accident, may just help victims get the necessary medical treatment and care needed to help them recover faster.

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Sometimes, Car Accidents are Out of Your Control

Posted by on May 27, 2016 in Personal Injury | 0 comments

Vehicles can get into road accidents in a number of ways. Even when you are very careful when driving and have properly maintained the condition of your vehicle, there are outside factors that can cause car collisions that are beyond your control. Among the most common outside factors that cause car accidents are poor road conditions. When accidents occur because of road problems, who can be held liable?

When the cause of the car accident is due to potholes, wet roads, construction zones, or many other road conditions, then the government agency in charge of ensuring the maintenance and safety of the road can be held liable for the accident, but there are situations where a third party can be responsible. Williams Kherkher states on its website that it is important to first determine who is to be held accountable if you are considering of filing for personal injury claim.

A government agency can be held accountable for a car accident because they are responsible for maintaining the conditions of the roads, and are therefore accountable for any damages that result from roads are not kept reasonably safe for motorists. Not all damages caused by poor road conditions can be held against the government agency. In order for a car accident claim to be legally valid, the cause of the accident should be due to the government agency being “unreasonable” in keeping the road safe, either by not addressing the road issues after they had been reported or neglect in regular inspections that lead to the poor road conditions. The government should have enough time to fix the road problems or otherwise put enough warnings for motorist about the conditions for them to be off any legal hook after a car accident.

The bottom line in filing a personal injury claim against a government agency after a car accident is by proving two important factors: first, that they knew about the poor conditions of the road (or should have reasonable knowledge about it) and second, that they did not fix the problem within a reasonable amount of time which lead to the car accident.

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Mechanical Auto Defects

Posted by on Jan 6, 2016 in Personal Injury, Product Liability | 0 comments

Passenger vehicles are designed with safety and function in mind. When an automobile manufacturer fails to comply with federal safety standards in their vehicles, the driver of that vehicle may suffer through increased risk of a car accident. Automotive defects are expensive to fix and more costly when they defect causes an accident because a permanent injury or the life of an unsuspecting driver is priceless.

The Law Office of Charles D. Hankey states on its website that the most product liability cases for mechanical defects involve negligence, strict liability, and breach of warranty by auto manufacturers. A manufacturer is responsible for the products it develops, produces, and sells to consumers. When there are defective products on the market, consumers are left at risk and with the burden of fixing the problem before becoming injured. For many, the car defect is unknown until it is too late and an accident already occurred.

An accident attorney would probably tell you that automotive defects are not entirely uncommon. Some of the most frequently reported vehicle manufacturer defects involve seat belts, brakes, tires, airbags, and child car seats. These important safety features are imperative for a driver to be safe on the road. When a defect occurs in any of the previously listed areas, a driver and their passengers could suffer head injuries, back injuries, broken bones, or even death. As such, it is a serious issue when a car is defective and that manufacturer negligence causes an accident.

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