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Common Causes of Car Accidents 

Personal Injury Lawyer Delray Beach, FL

Every year there are about six million car crashes and forty thousand car accident related fatalities in the United States. To put it in perspective, that is over sixteen thousand car accidents and over one hundred lives lost every single day. The majority of car accidents are caused by human error and could be prevented by utilizing safer driving practices. 

Distracted driving is the leading cause of car accidents and the number of distracted driving accidents grows larger every year. The obvious example of distracted driving is cell phone use. Texting while driving is now illegal in most states however the laws governing talking on cell phones while driving vary from state to state. Using a cell phone for looking at maps or posting to social media are also common distractions. Cell phone use is not the only activity that constitutes distracted driving. Eating, putting on make-up, and even passengers can all be distractions when driving.

Speeding is the second most common cause of car accidents behind distracted driving. Speeding reduces the amount of time a driver has to react while behind the wheel and increases the chances of losing control of the vehicle. Poor road conditions or inclement weather increase these risks. 

Seven percent of all car crashes and twenty one percent of fatal crashes can be attributed to fatigue driving. A fatigued driver can be just as dangerous as a drunk driver when operating a vehicle. When going on a long road trip, coffee and energy drinks may not be enough to keep you alert while driving. It is important to get a good night’s sleep before driving and to stop and rest throughout the trip when necessary. 

Drunk driving is the deadliest common cause of car accidents accounting for about twenty eight percent of all traffic fatalities. Alcohol severely impairs a person’s ability to drive safely by effecting judgment, vision, reducing coordination and concentration and impairing the ability to control one’s muscles. These factors put both the driver and everyone else on the road at risk of an accident. 

Reckless is a blanket term that refers to any unsafe driving habits. This can include improper lane changes, speeding, aggressive driving and tailgating. Operating a vehicle in this manner increases the risk of losing control and causing an accident. A defensive driving class is a good way to learn how to practice safe driving skill. 

Traffic signals like stop signs and traffic lights are put in place to protect drivers and regulate traffic. When a driver does not obey a traffic signal, a car accident is highly likely. Thirty six percent of crashes occur in intersections. Coming to a complete stop at stop signs and not speeding to beat a yellow light are two ways to safely adhere traffic signals and reduce the risk of car accidents. When a light turns green, always pause and check for cars or pedestrians who still may be in an intersection. 

The majority of car accidents are caused by human error and could have been prevented. You should not be held responsible for damages caused by other’s negligence. If you are the victim of a car accident due another person’s negligence you may be entitled to compensation for damages. An experienced personal injury lawyer Delray Beach, FL trusts  from The Law Office of Eric H. Luckman, PA can educate you about your legal rights and help guide you through the legal process. 

The Role of a Car Accident Witness 

Car Accident Lawyer Lake Worth, FL

A reliable witness at the scene of a car accident can end up playing a crucial role in a successful lawsuit. A witness can help piece together the events of an accident and corroborate an injured party’s story. A witness’s testimony can assist with proving who was at fault for the accident which is paramount when recovering damages caused by an accident. Following a car accident, it is important to identify a credible witness and gather the right information from that individual. 

After a car accident, it is a good idea to obtain contact information for anyone who may have witnessed the incident. Although questions about the accident can be asked and answered on scene, an accident scene can be chaotic and there may be injuries that need medical attention.  

The human memory is flawed and with time it is natural for details of an event to become unclear. It is important that a witness is contacted for a statement as soon as possible after an accident to assure you obtain the most detailed, credible statement possible. These statements will be valuable in the future if the lawsuit does end up going to trial. A trial date can be years after the actual accident causing witnesses to forget what happened. In most states, a witness can refer to their original statement when giving sworn testimony in court. This has several advantages. It keeps the witness honest because the witness is forced to tell the same story they told previously. It helps the witness refresh their memory as to the details of the accident and usually, a witness will even be able to read directly from their statement if they happen to draw a blank in court. 

You or your insurance company is allowed to question the witness, however it is always best to consult with an experienced car accident lawyer Lake Worth, FL residents trust from The Law Office of Eric H. Luckman, PA. An attorney who specializes in car accident lawsuits will know what questions and details are most important for a claim to recover damages. 

A witness should be asked to recall their point of view of the events leading up to and immediately following the accident. It is better to ask open ended questions to draw more information from the witness’s memory. Facts need to be established as to how the witness came to see the accident. Asking where they were positioned in relation to the crash, how far away were they and if they had a clear view of the crash can help achieve these facts. A witness should be asked to focus on the scene and indicate street names, intersections, vehicle positions, directions the cars were heading, weather conditions, and approximate speeds of the vehicles. It is important that the witness does not speculate and just recalls the facts of the accident from their own perspective. This will avoid the potential issue of hearsay if the case goes to trial.  

The most credible witnesses will always be those who have no interest in the case. Although a passenger in your car can give a statement attesting to the conditions of the accident, they may have suffered injuries and have a personal interest in the case.  

A good eye witness from the car accident can greatly benefit the party seeking compensation for damages suffered. A credible witness can help promote a speedy settlement or be a key aspect in a trial. If the right questions are asked and the right details are uncovered, a witness’s statement is invaluable in a car accident lawsuit. 

Trucking Accidents: Facts and Stats

Auto Accident Lawyer

When it comes to auto accidents with large trucks, even the smallest collision can be deadly. According to the Insurance Institute for Highway Safety, a total of 3,986 people died in large truck crashes in 2016. Read on to learn about some of the most common and shocking trucking accidents facts and stats.

TRUCKING ACCIDENT CAUSES

According to the Federal Motor Carrier Safety Administration (FMCSA)’s Large Truck Crash Causation Study, large truck accidents occur due to one of the following variables:

  1. Critical Event: an action or event makes a collision unavoidable
  2. Critical Reason: The FMCSA found that 87% of large truck critical reason accidents are caused by driver error. The types of errors are broken down into four categories:
    • Non-Performance: this error occurs when the driver becomes physically impaired due to seizure, heart attack, falling asleep, etc.
    • Recognition: similar to distracted driving, the driver was either inattentive, distracted, or failed to adequately observe a situation
    • Decision: the driver makes a poor decision, such as driving too fast, misjudging distance, etc.
    • Performance: the driver panics, overcompensates, or exercises poor directional control.Many of the above errors can be attributed to driver experience and/or fatigue.
  3. Associated Factors: the persons, vehicles, and environmental conditions present at the time of the crash (brake problems, traffic flow, road problems, speed, etc.)

TRUCKING ACCIDENT NUMBERS

The following information comes from FMCSA’s Fatality Analysis Reporting System (FARS) and Federal Highway Administration, Highway Statistics 2016 data.

  • 119,000 people were injured in crashes involving large trucks or buses
  • 4,564 people died in large truck or bus crashes in the United States in 2016.
  • The number of large trucks involved in fatal crashes increased by 3% from 2015 to 2016.
  • 37% of all fatal crashes, 23 % of all injury crashes, and 20% of all property damage only crashes involving large trucks occurred at night (6:00 pm to 6:00 am).
  • 84% of fatal crashes and 88% of nonfatal crashes involving large trucks occurred on weekdays (Monday through Friday).
  • 39% of large truck occupants killed in crashes were not wearing a seatbelt.
  • Speed was a factor in 17% of fatal truck crashes
  • 61% of fatal crashes involving large trucks occurred in rural areas
  • 27% of fatal crashes in work zones involved a large truck
  • 6% of fatal crashes involved a distracted driver
    • 16% of those were related to cell phone usage

HIRE AN ATTORNEY

If you’ve been injured in a trucking accident, you might be entitled to carry out legal action against the driver or truck company. Find a Central Phoenix, AZ truck accident lawyer with extensive experience securing the maximum fair compensation in auto accident cases. 

 


 

Thank you to our friends and contributors at Kamper Estrada, LLP for their insight into DUI charges and car accidents.

All grouped humans develop a sense of culture

Personal Injury Lawyer

All grouped humans develop a sense of culture. A safety culture is the knowledge and implementation on how to stay safe in the work environment and the tools that are needed to further promote safety in the workplace. This culture is developed as a group and evolves over time with knowledge, understanding, and experience. Leaders of the company must be committed to integrating safety measures throughout the company.

Poor safety culture in a workplace could be viewed as no safety requirements, are profits and products held at a higher priority than safety? Employees fail to comply with the companies own policies. All of these are examples of poor workplace safety culture. If your managers do not have safety as a high priority, then neither will the employees. In order for safety culture to work and thrive, everyone needs to be on board with procedures and policies. How can you tell if you have a good safety culture at work? It all starts with management. In order for the company to take safety serious, everyone will need to commit to ensuring that safety is a priority and can empower others to do the same. Employees should be active in keeping the culture alive and thriving. Any issues that arise regarding safety are immediately reviewed and policies changed if necessary.

Providing safety training to everyone in the company will ensure that everyone understands the procedures and is aware of the risks that come with any institution. An employee has the duty to refuse a task if they feel it is unsafe for them or people around them. If an employee is witness to a task that is being completed by another employee and they feel that it is unsafe, they are to report it. If an employee confronts another another regarding their safety practices on a task, the other employee must stop and discuss the task.

In this day, more often than not there is a procedure put in place for safety by law that sets the minimum guidelines for the workplace. The difference between having a safety culture and not is the community participation and awareness. When safety and taking responsibility for their own actions is embraced by the workers of a company, the safety culture thrives. If you have been injured as a result of negligence in the workplace, contact a personal injury lawyer Arlington, TX trusts to get started reviewing your case.

 


 

Thank you for our friends and contributors at Brandy Austin Law Firm, PLLC for their insight into personal injuries.

Who you can expect from a PI case

Personal Injury Lawyer Delray Beach, FL

Personal injury attorneys come in many different shapes and sizes.  Some work in large upscale offices and others work in small or shared office space.  Some personal injury attorneys only work on personal injury cases and others incorporate personal injury into a practice that may include other areas of the law such as probate, juvenile or criminal law.  Attorneys and doctors are similar in that they do not come in a one size fits all package. Attorneys are human beings with personalities and characteristics that a client may or may not feel comfortable with.

When selecting a personal injury lawyer Delray Beach, FL trusts, a client should take several factors into account.  First and foremost, is the client treated with respect and dignity by the attorney and staff.  Second, does the attorney have the experience to handle your particular personal injury matter.  It’s quite likely that a personal injury attorney who works primarily in the area of motor vehicle accidents will not be the best fit for a case involving injuries sustained at a concert or sporting event.  Just as an attorney interviews a client, a client should consider the first meeting an interview as well. Some people are able to communicate with each other clearly and effectively. But, we all run into people where that clear line of communication is never established.  Both the attorney and personal injury client are well served in determining from the start what communications each expects from the other.

A personal injury attorney and his staff will collect a great deal of information from the client in order to build an effective case.  Attorneys will look not only at prior health history and past injuries, but also into past behaviors, lifestyle, work habits, living arrangements, and other lawsuits which the client has been involved in either as a plaintiff or defendant and this will include any past workers compensation claims as well.

In addition, personal injury attorneys spend a great deal of time researching not only the applicable statutes and regulations involved in each case, but the underlying events which brought on the injury.  A personal injury attorney representing a client hurt at a construction site will need to have a basic understanding of the construction industry. A personal injury attorney representing a client hurt at an amusement park or while using a particular tool or machine will need to educate themselves as to the specific location of injury or piece of equipment.  Because personal injury claims are typically handled on a contingent fee basis, clients frequently are unaware of the time and effort expended by attorneys and staff in getting up to speed in an industry they may otherwise not be familiar with.

Finally, personal injury matters like many other types of legal matters are often lengthy in process.  It is necessary for attorneys and their staff to communicate regularly with clients and provide the most current information available.  It is equally necessary for clients to understand how the legal process works. There are many steps between sending the first notice of claim and achieving a settlement and a client should feel comfortable that they understand the information being provided by his or her attorney.  When both parties are forthcoming with information and have clear expectations of one another, the attorney-client relationship hums like a well-oiled machine.

 


 

Thank you to our friends and contributors at The Law Offices of Eric H. Luckman, P.A. for their insight into personal injury cases.

Signs of a concussion after a car accident

Brain Injury Lawyer Delray Beach, FL

Concussion is the most mild form of brain trauma, as a brain injury lawyer Delray Beach, FL trusts can attest to.  According to WebMD, the most common symptoms of concussion are confusion or feeling dazed, clumsiness, slurred speech, nausea or vomiting, headache, balance problems or dizziness, blurred vision, sensitivity to light, sensitivity to noise, sluggishness, ringing in ears, behavior or personality changes, concentration difficulties and memory loss.  Most concerning is that signs of a concussion may not appear immediately. It is possible that symptoms will not begin to manifest until days or even weeks following injury.  https://www.webmd.com

Whenever a person sustains a blow to the head in a motor vehicle accident it is critical for that person to be seen by a physician for treatment at the time of the incident and as soon as practical once concussion symptoms begin to appear.  Some symptoms are obvious to the individual suffering them. A person knows when they are sick to their stomach. A person realizes when their ears are ringing or if they are needing sunglasses or to dim the lights more often. Behavior changes are less obvious to the person exhibiting them.  One may feel that they are simply reacting to the stress, cost, inconvenience and normal fear that follows a motor vehicle accident. It is important for those who have possible concussion to pay attention to those around them who knew them prior to the injury. Often, family members and co-workers will notice a greater degree of clumsiness, forgetfulness, or agitation.  A person who has sustained a blow to the head should pay attention to the feedback of those around them and make the information known to their family physician.

Concussion symptoms in young children can be extremely difficult to pick up on.  Slurred speech and balance problems can seem normal in toddlers and growing children.  Behavior changes in teenagers should also be monitored. An outgoing child involved in activities and clubs who loses interest or whose grades begin to fail may be having symptoms related to the head injury as opposed to going through a phase.  Parents of a child who has been involved in a car crash should not worry that their concerns are unjustified. It is always a better practice to provide the child’s pediatrician with the details of the collision and ask if the symptoms observed are a result of the child simply growing or if there is a possible concussion underlying the change in behavior.

There are similar difficulties diagnosing elderly crash victims.  People who may be slowing down naturally as they age may not realize that a concussion is impacting their memory and behavior beyond what should normally be expected.  Again, those with whom the person has frequent interactions both before and after an accident will be best positioned to point out any changes an older victim may be exhibiting.

Even a mild bump on the head can cause damage and injury to the brain.  Anyone involved in a motor vehicle accident who sustained any head injury should be observed for several months before determining that no injury is apparent.

 


 

Thank you to our friends and contributors at The Law Offices of Eric H. Luckman, P.A. for their insight into brain injuries.

Building a Bear or a Lawsuit

Personal Injury Lawyer

Every business dreams of an over-the-top successful promotion, but what happens when it is too successful? A personal injury lawyer Arlington, TX trusts knows the answer only too well. On July 12, 2018, Build-a-Bear Workshop, Inc. opened its doors to massive crowds clamoring to claim their “Pay your Age” Build a Bear.  Customers who visit the store on July 11 only, can pay their current age in dollar to make your favorite furry friend character. If you have a 4-year old and a 5-year old, you will pay $9.00.  Of course, accessories are sold separately, but with the money savings, customers are expected to splurge. For example, try removing your screaming 6-year old without the complete outfit. Shocking!! But what is actually very shocking is tidal wave of customers that responded and wanted their cuddly creature.

Amid this highly successful campaign, today most all Build-a-Bear stores were forced to turn away all the crowds and shut down their stores.

A spokesperson for the store responds: “We understand our affected Guests may be disappointed, and we are working to address the situation,” the Build-A-Bear said in a statement. “We will reach out directly to our valued Guests as soon as possible.”

Build-a-Bear’s website boasts $357.9 million dollars in fiscal 2017, but digging a little deeper the company has had lack luster earnings since 2015.  It seemed the fad was fading and building a teddy bear at a mall wasn’t as cool as it used to be. This time of year is especially hard on the retailer, but even during the last holiday season posted dismal earnings.

I blame it on the mall.  Have you been to the mall lately? Nope, me neither.  Wait, I do remember a few months back going to a (used to be) popular, state-of-the-art mall in Arlington and was approached by peddler after peddler trying to bother me and hand me something.  Do you remember those annoying perfume ladies that would spray perfume on you as you walked by or insist on giving you a sample? Well – now – they – are – everywhere!!! Every store has a “salesperson” outside their front door ready to accost you with a supposed “free” sample of something.  I remember dodging and weaving the annoyances that popped up in front of me. Too bad you can’t “whack a mole” in real life. 😉

In an attempt to recover from this debacle, some customers were issued a voucher to enable a better flow of traffic to the stores over the next several weeks to avoid the long wait times.  Only time will tell if this dispels disaster or success for the for this global company. They always say there is no such thing as “bad press.” You must admit, it is very rare that an ad campaign makes the news.

 


 

Thank you to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into personal injuries and lawsuits.

Why the Insurance Company May Undervalue Your Claim

Auto Accident Lawyer

Generally speaking, successful negotiations between an auto accident attorney and the defendant’s insurance company begin with the parties at polar opposites on the compensation scale. If the parties are reasonable and skilled negotiators, each will make their case for more or less money. If your auto accident attorney can support his or her position for additional compensation, negotiations may begin to move in that direction. There are many factors that determine a person’s thinking, but one factor stands out when the insurance company won’t budge from an undervalued claim.

A basic tenet of tort law called mitigation of damages requires the plaintiff to do everything possible to reduce the potential for further harms. If the plaintiff fails to obtain an immediate diagnosis following an accident; if the patient misses or consistently reschedules appointments with doctors, specialists, or therapists who endeavor to treat the plaintiff; or if the patient fails to follow the doctor’s recommended plan of treatment, the defendant insurance company may consider the plaintiff has breached the mitigation of damages doctrine and configure a portion of fault on the client of the auto accident attorney, thereby reducing the value of the plaintiff’s claim. This is not an unusual defense tactic. But in the worst-case scenario, the defendant insurance company may assign a large portion of fault to the plaintiff; or even deny liability altogether for the claimant’s injuries.

Here is how the defendant insurance company may view the plaintiff’s lack of treatment immediately following an accident:

  1. If the plaintiff failed to be diagnosed immediately after the accident, the injuries incurred by the plaintiff may have occurred after the accident;
  2. Because of plaintiff’s failure to receive timely medical attention following the accident, the severity of the diagnosis of the original injury is an unknown;
  3. Plaintiff’s failure to seek immediate medical treatment may have exacerbated the original injury.

A gap in healthcare is a period of time between doctor or caregiver appointments. It signals to the defense the infrequency with which the patient is trying to improve their health situation and may also reduce the value of the plaintiff’s claim. The defense may see a gap in care as:

  1. The patient is not doing his or her part to mitigate their damages; or
  2. A gap in care suggests the severity of plaintiff’s injuries may not be as acute as the patient has described.

When called upon for advice, an experienced auto accident attorney Indianapolis, IN relies on will recommend their client go to the emergency room or family physician as soon as possible after the accident to determine if the patient has suffered any injuries and the extent of the injuries caused by the defendant’s negligence. A pro-active treatment approach may increase the value of your claim.

 


 

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into auto accident claims.

What is Whiplash?

What is Whiplash?Whiplash is a neck injury that results from a rapid movement of the neck in the forward position (flexion) to back position (extension) or from the side to side position.  Whiplash most often occurs during motor vehicle accidents, but can also occur during sports injuries and trauma.

What are some of the symptoms of whiplash?

  • Neck pain
  • Muscle spasms
  • Headaches
  • Neck or arm numbness
  • Loss of neck movement (Decrease range of motion)
  • Fatigue
  • Ringing of the ears
  • Difficulty concentrating
  • Dizziness
  • Depression
  • Memory difficulties
  • Difficulty sleeping

Who should I see if I suffered a whiplash injury?

If you suspect that you have suffered a whiplash injury, it is recommended that you be examined by a Chiropractor, Primary Physician or an Orthopedist. If treatment is avoided, the individual who has suffered from whiplash may suffer from long term damage.

How can Chiropractic help with whiplash?

Chiropractic care has shown to be very affective when treating whiplash injuries, preventing the patients’ condition from becoming chronic and minimizing the disability that may result from that injury.  Chiropractors are extensively trained in treating musculoskeletal injuries and have the ability to prescribe and order diagnostic tests. After performing a thorough examination, a Chiropractor may utilize an x-ray or MRI (if medically necessary) do help determine the severity of the whiplash and what treatment protocol the Chiropractor may use. The neck has a natural curve that needs to be maintained so that the nervous system and neck muscles can function properly.  X-rays or MRI’s will show if the injured individual has lost or reversed the curve of their neck during that whiplash injury. Chiropractic care will help reduce the pain and spasms by utilizing many forms of treatment. Chiropractors may utilize spinal manipulation (adjustment), traction, posture corrective techniques, heat or ice, strengthening exercises, therapeutic ultrasound, massage, electric muscle stimulation and ergonomic changes to help with whiplash injuries. The combination of treatments and the length of treatment may be different for each patient, based on the severity of their injury. Chiropractors commonly work with other medical specialist like Orthopedist, Internist, Neurologist, Nurse practitioners and Physiatrist, if considered appropriate based on each individual case.

Nutrition and Inflammation from whiplash and trauma.

Research has shown that utilizing quality fish oils in the first few weeks of trauma can help reduce the inflammatory response from the trauma. Other studies have also shown that utilizing Glutathione, Vitamin C, Selenium, Magnesium, Broccoli extract, Curcumin and Green tea may also benefit with reducing inflammation after a trauma.

Thanks to our friends and contributors from Setauket Chiropractic & Wellness for their insight into whiplash treatment.

 

How Car Drivers Can Cause Motorcycle Wrecks

Car drivers may cause motorcycle accidents in a variety of ways. Whether intentional or not, the motorcyclist is quite likely to experience very painful and even expensive injuries. If you or a loved one has recently been involved in such a crash, you can turn to the knowledge of an attorney for guidance. You may be able to receive a significant monetary award for your injuries and losses by filing a civil lawsuit.

Here in the article to follow, we have listed a couple of the main ways car drivers may cause a motorcycle wreck to unfold on the roadway.

Driving While Sleep-Deprived

In busy cities all across the United States, people are jetting off to work and back, taking care of their families, running errands and upholding other responsibilities of life. It is not uncommon for people in today’s world to lack the sleep they truly need. However, because bills may still need to get paid, people may get into the driver’s seat of their car while sleep-deprived anyways.

The condition of sleep-deprivation is much more serious than a little tiredness in the morning before a cup of coffee. When the body is deeply drowsy, a person’s mental and physical functioning can become impaired. If a driver were to fall asleep behind the wheel and a motorcyclist was simply at the wrong place at the wrong time, true tragedy could ensue.

The Addiction to Cell Phone Use

Along with the advancement of technology, we are now faced with an epidemic issue of people using this nifty tool while behind the wheel. The average person may check their phone an upwards of a hundred times every single day. Keep in mind, this compulsion to check their phone may not stop despite operating a vehicle.

An attorney recommends that any motorcyclist who has been struck by a driver on their cell phone, receives immediate medical attention. It is rare for a motorcyclist to walk away from a crash unscathed. Even if the rider feels relatively okay at the scene, there could be life-threatening conditions brewing.

Seeking an Attorney for Compensation

While it is not required to obtain legal representation when dealing with a motorcycle accident, it can be hugely beneficial. Having a motorcycle accident lawyer Houston, TX trusts on your side who understands the ins and outs of the legal system, can provide you with helpful insight. You may only have a certain period of time after the incident to file a civil lawsuit for compensation, so act quickly!

 


 

Thank you to our friends and contributors at John K. Zaid & Associates for their insight into motorcycle accidents and personal injury.