Personal Injury Law Blogs

Bike and Motor Vehicle Accidents: Finding Fault

Robert Morrissey is a recent law school graduate who has picked up a love of writing. He contributes frequently to Solomon-Relihan, a law firm based out of Arizona. When he’s not writing or making the coffee at his office, Robert spends time traveling and volunteering in his community.

With rising gas prices and more attention being paid to staying fit and ‘going green,’ more people are opting to ride their bicycles as opposed to driving or taking public transportation. If you have been biking with traffic for any length of time, however, you know the dangers inherent to sharing the road with vehicles. Many drivers are simply not use to sharing the road with cyclists. As a result, drivers aren’t paying the attention they need to spot a bicyclist sharing the road with them.

In the United States in 2010, the U.S. Department of Transportation reported that 52,000 bicyclists were injured in collisions with motor vehicles. An additional 618 cyclists were killed. Both of these numbers make up roughly 2 percent of all motor vehicle traffic accidents and traffic fatalities. Where ever there is a mix of bikes and cars, accidents are sure to happen. The more crowded and compact the area, the greater risk for accidents.

A bicyclist needs to pay special attention to what’s going on around them. However, if they are in an accident with a motor vehicle, the chances of being injured are substantial. Lawsuits to recover damages resulting from injuries to a bicyclist by a motor vehicle include the same issues as any motor vehicle accident lawsuit. A cyclist involved in an accident with a vehicle should seek the guidance of a car accident lawyer to determine if they are eligible to collect damages.

Proving Negligence

Fault for an accident usually comes down to negligence, either on the part of the motor vehicle driver or that of the bicyclist. Bicyclists must obey the rules of the road the same as motor vehicles. In addition, a bicyclist should take measures to ensure their own safety when sharing the road with vehicles.

If a bicyclist has suffered an injury and sues for damages, the outcome will generally depend on several circumstances. First, did the driver of the vehicle show negligence which led to the injuries sustained by the bicyclist? Second, did any negligence on the part of the bicyclist cause or contribute to the accident?

Negligence on the part of a vehicle driver can result from a number of reasons. Speeding, running a stop sign, or drifting into a marked bike lane are just a few causes of negligence on the part of drivers that may lead to an accident with a cyclist. Even parked cars can be a danger. For example, “dooring,” or opening a car door immediately in front of a bicyclist without looking, is a major cause of accidents between bikes and automobiles, usually resulting in injury to the cyclist if they don’t have time to react.

When a bicyclist sues to recover damages from an accident, they must prove negligence on the part of the defendant either through eyewitnesses or other testimony. Other testimony may include video from local surveillance cameras or a violation cited to the driver at the time of the accident. For example, a speeding ticket issued at the time of the accident would count as evidence of negligence.

Negligence on the part of the cyclist will also play into the amount of damages collected by the cyclist. A cyclist would display negligence by riding the wrong way on a one way street, ignoring traffic laws, or making an abrupt turn into traffic. If a cyclist’s negligence is deemed to have contributed to the accident, this is known as contributory or comparative negligence. As a result, the cyclist may not be able to collect for injuries suffered in the accident.

Talks of Harsher Regulations for Careless Drivers

Personal injury is an umbrella term for injuries that have been suffered to the body or the mind. From a legal perspective, there doesn’t have to be any visual evidence of personal injury and if it can be proved it has caused emotional or physical damage, the victim may have a case. Personal injury is usually caused by the negligence or recklessness of a third party, however could be caused by intent, making their case a lot stronger.

The most common types of personal injury cases are suffered either in the workplace, otherwise known as industrial disease, or on the road. There are many types of injuries that can be suffered due to working conditions, from vibration white finger to chronic bronchitis and they will usually depend on the area of work.

However, the common cause of road traffic accidents is the negligence of other road users and recently there have been proposals of harsher penalties for those who don’t follow the rules of the road. We have seen an increase in road traffic accidents, which has led to an upsurge in whiplash claims. As further control over bogus personal injury claims being made, the Government are thought to be introducing further legislation to target the problem.

Motorists who are found to be sitting in the middle lane, tailgating or using the wrong lane at a roundabout could face serious fines and three points on their licence. It is hoped that the new laws will make people think more about their driving etiquette, reducing the amount of accidents we see on the roads.

At present, a police officer could pull over anyone who is driving carelessly or recklessly, however they would only give a warning. The new laws will allow police officers more control over the penalties they give and will be able to enforce harsher punishments. Police officers are the only ones who can enforce the rule and cameras will not be used, as it could be difficult to control.

Tailgating is just one of the offences that will be penalised and ignoring signs, driving too fast on the road for the weather conditions and poor lane discipline are other offences that will bring repercussions. There are also talks of introducing harsher regulations when it comes to using a mobile phone with the fine rising to £90 as well as the three driving license points. Failing to wear a seat belt will also bring harsher penalties.

Careless driving is a blurry issue and while there are clear cut rules for offences such as speeding and using a mobile phone, not many people are aware of the fines they could face when it comes to these bad habits. While they can cause frustration with other drivers, there has previously been no rules to control the behaviour, meaning the new laws will probably be met with a lot of praise from road users.

It has been said that the legislation will be monitored appropriately and police officers will have to make reasonable judgements. Anyone can make a small mistake and there is worry that the situation will be misjudged and those who don’t have the intent of causing problems will be reprimanded. However, action does need to be taken and as long as the situation is controlled accordingly, it is likely that the amount of personal injury claims will be significantly reduced over a short period of time.

Phoebe Willan, writing on behalf of Walker Prestons, a solicitors firm based in Blackburn, Lancashire.

How to avoid asbestos related disease at work

Asbestos fibres, elongated and extremely small are carcinogenic. It’s as simple as that. Once you’ve inhaled them, their shape and size cause them to work their way into your bronchi, alveoli and pleura where they might eventually cause acute and often terminal conditions such as asbestosis, cancer and mesothelioma. Your respiratory tract and lungs cannot expel asbestos fibres once they’ve been inhaled and so controlling asbestos exposure becomes paramount and is the primary purpose of the Control of Asbestos Regulations 2012.

Since bans on the extraction and use of asbestos came into force in the UK at the end of the last century, it is now primarily to be found in buildings constructed before the year 2000 in the form of asbestos containing materials (ACMs) including asbestos insulating board (AIB) and in dust from these composite materials lodged in ceiling and floor cavities. Legislation, specifically the Control of Asbestos Regulations mentioned above and more generally the Health and Safety in the Work Place Act 1974 exist to place a legal duty on employers to control asbestos exposure at work in the course of maintenance, repair or demolition of pre 2000 buildings and protect the health, safety and wellbeing of their employees undertaking such work. The same duty of care also extends to any non-employees who might be at potential risk, such as householders if the work is taking place in a domestic building.

Avoiding  asbestos related disease at work –  the law

Employers have a legal duty to provide:

1) Training in asbestos awareness to their employees.

2) Specific training in ‘non licensable’ and where applicable ‘licensable’ asbestos work, the latter referring to all work with asbestos lagging, insulation, sprayed coating and most insulation boards which requires a licence to undertake.

The basic rule in undertaking work in pre year 2000 built buildings is not to disturb anything containing or suspected of containing asbestos. Obviously some tasks make this disturbance inevitable in which case, considerable safety measures have to be taken to safeguard the health of the workers involved. This will include but not solely consist of the following:

• Researching prevalence of asbestos in the building from historical sources, i.e. plans, records of previous work etc.

• Using the provided personal protective equipment as trained to do.

• Avoiding working methods that create a lot of dust, i.e. power tools.

• Use wet rags or type ‘H’ vacuum cleaners to remove dust and debris.

• Cleaning waste away before it accumulates, double bagging and tying it and taking it to a licensed tip.

• Telling people nearby what you are doing.

• Using appropriate equipment, method and task sheets to control work.

• Not eating, drinking or smoking in the work area.

• Not re-using one-use disposable protective overalls or face masks.

• Washing/showering before breaks and before going home.

• Not walking on fragile ACM material.

 If you have suffered asbestos related disease at work in England and Wales, then you could be entitled to make a work accident claim for compensation.

Tim Bishop senior partner of Bonallack and Bishop – Solicitors with a specialist team of work accident experts. For more information about how to claim compensation for industrial disease or a work related accident, visit their specialist website at http://www.workaccidentsolicitors.co.uk or phone their workplace accident solicitors on 01722 422300.

US Travel Injury Claims Information for UK Travelers

Statue of liberty

Tens of millions of tourists arrive in the United States every year to experience its many landmarks, rich melting pot of cultures, and natural beauty. Most tourists will bring back photographs and fond memories. Unfortunately, not all vacations go as planned. Accidents can happen anywhere, and the United States is no exception. When traveling abroad, take a few steps beforehand to minimize the chances of an injury and for those who plan on staying in the US, consider hiring an immigration attorney for any legal assistance you may need.

Before Your Trip

Before visiting the United States, visitors may wish to look into automobile and health insurance. Automobile insurance is required to drive in the United States. Additionally, accidents are common sources of lawsuits in the United States. Rental car companies will usually offer a multitude of choices for insurance, including collision damage waivers and supplemental liability insurance. For an international traveler, getting both will be worthwhile. For health insurance, look into a temporary plan with extensive coverage; medical care in the United States can be very expensive. You may also want to be sure you have a customs attorney in your contacts just in case you have any troubles while on your trip.

Travelers should also identify their local consulate before traveling to the United States. In the unfortunate event that a United Kingdom passport is lost or stolen, the local Consulate General will help travelers replace their documents. The local consulate can also give travel advice. There are nine British Consulate Generals in the United States in different major cities; the British Embassy is located in Washington D.C. Knowing which is nearest to you is always prudent.

Additionally, international travelers should consider their mobile phone access. The United States has a wide coverage area for mobile phone users, but not all plans cover all countries. If your carrier considers the United States a roaming area, it may be wise to change your plan beforehand, as an unintentional extended stay or unexpected series of calls can greatly increase the cost of the trip. Alternatively, visitors can buy inexpensive prepaid mobile phones once in the United States. Visitors can simply buy a new phone, register the number, and use it for calls within the United States. When ready to leave, discard the mobile phone.

What to do if an Accident Occurs

In the unfortunate event of personal injury, leave the liability assessment to a professional, a lawyer with extensive experience in international and holiday injury claims such as Houston, Texas-based Michael P Doyle of Doyler Raizner, LLP. If the incident involved injury to someone else or that person’s property, document the incident extensively. Take as many photographs of the scene as possible and memorize the license plate numbers of the vehicles involved in the collision. It is unlawful to leave the scene of an accident in the United States without exchanging information, and in the event of a hit-and-run incident, victims will be able to identify the fleeing vehicle.

Contact emergency services immediately if any accident occurs and anyone is injured. In the United States, the emergency phone number is 9-1-1, which provides the same essential emergency services as 9-9-9. Describe the nature of the incident and respond to the dispatcher’s questions. If travelers are unsure of their location, they should provide the nearest street address and the street name, or ask someone nearby.

If a tourist is involved in an automobile accident and if he or she has obtained the proper insurance, he or she will have little involvement in subsequent proceedings beyond making a statement to the insurance company and providing copies of the police report. In the United States, the at-fault party’s insurance generally pays for the damages. In such a case, the victim contacts the at-fault party’s insurance and initiates a claim by phone. The insurer will send out an independent adjuster to inspect the damages and recommend a payment amount.

Victims who are not adequately insured can seek legal counsel in the United States and file a lawsuit against the at-fault party. However, this is expensive, time-consuming, and with planning, unnecessary. With just a few simple precautions, filing a claim for injuries to persons or vehicles will not be necessary. Insurers will subrogate the claims, allowing victims to heal quickly and get on with their vacations.

Akilah S. Richards has worked as a legal assistant in the area of personal injury, and knows how effective an experienced lawyer can be in helping manage the accompanying stress and legal necessities of an accident.  If you or someone you love has been hurt, possibly due to someone else’s negligence, consider contacting Michael P Doyle of Doyle Raizner, LLP for sound advice on what to do next.

Photo Credit: http://www.flickr.com/photos/thomasjm980/8055665322/

Top 10 Questions to Ask Before Hiring a Rhode Island Personal Injury Lawyer

We all love top 10 lists…Letterman has them, so why shouldn’t personal injury lawyers? So here is my top 10 necessary questions to ask before hiring a Rhode Island personal injury lawyer.

a Rhode Island Personal Injury LawyerChoosing a personal injury attorney can be difficult.

But if you keep in mind my ten important questions from a Rhode Island personal injury attorney, you will undoubtedly find a fantastic lawyer that meets your needs.

Top 10 Questions When Hiring a Rhode Island Personal Injury Lawyer

1.What’s your fee?

When it comes to personal injury fee agreements, most are based on what’s known as a contingency fee agreement. Contingency fees are important to know about before hiring a personal injury attorney. The lawyer is paid a percentage of the money received from the party or the party’s insurance company who’s at fault if the lawyer is able to settle or win the case.

With contingency, there will be no legal fee without a monetary recovery, and contingency fees are typically negotiated between the attorney and client. They span from

(more…) “Top 10 Questions to Ask Before Hiring a Rhode Island Personal Injury Lawyer”

Thousands of Vehicle Recalls in 2013

Thousands upon thousands of vehicles have been recalled this year and it’s only June. It seems as if every major vehicle manufacturer has had to recall some vehicle for a defect. Most Japanese made vehicles that were recalled were due to faulty parts from a parts manufacturer in Japan. Even the world’s most popular manufacturer, Toyota, was among the ever-long list of recalls.

What’s happening with all the recalls?

First, several vehicle manufacturers acquire their parts from other manufacturers, so if that parts manufacturer creates a faulty product, then several vehicles are going to be defective. This has happened both in Japan and in the U.S. and it leads to massive recalls.

Also, some vehicles are not properly built for the conditions they are driven in. For those in the northern areas of the U.S., salt is used on roadways during winter to keep roads from being so slick. However, corrosion can cause major issues in vehicles, damaging electrical circuitry and causing fires. Cases have already been reported due to such defects in GM vehicles that caused fires.

While we can easily blame a car manufacturer, it’s typically the parts manufacturer that is at fault in these cases because they provide a product that becomes defective in several makes and models. However, vehicle manufacturers deal with the major effects of recalls.

Has anyone been injured?

Surprisingly, only a few people have reported injuries throughout the tremendous number of recalls. However, this does not mean injuries cannot occur at this time. Some recalls are still ongoing and some are being investigated by the National Highway Traffic Safety Administration. Injuries are still prone to occur when defective vehicles are driven without knowledge of risk.

When an injury does occur as a result of such a defect, the vehicle manufacturer is at fault. Vehicle owners can claim compensation for the injuries they have sustained and for damage of their vehicle and personal belongings.

How can you take action if hurt?

Taking legal action against a vehicle manufacturer is possible if you’ve been injured, but you want the help of a personal injury lawyer who specializes in product liability as well. Such a lawyer can help you settle your claim with the manufacturer for the amount of compensation you need.

The most important part of the claiming process is to act fast. Most people wait too long to contact a lawyer, thus forgoing the amount of time they have to settle. If you have been injured and you are not at fault for the injury, then you can claim compensation from the manufacturer at fault.

A personal injury lawyer will guide you through the steps of the claiming process and some will even meet with you at no charge. Find a lawyer in your area who is respected and reputable as you claim compensation for such injuries.

Worker could make personal injury claim after concrete manufacturer’s health and safety failings

A worker at a concrete factory in Ayrshire, Scotland, could claim personal injury against his former employer after he was seriously hurt in a workplace accident.

Mr Christopher Fay worked for Hillhouse Precast Concrete Ltd in Mains Road, Beith, before his accident occurred on 18 January 2010. On the day in question Mr Fay was standing next to a machine when another of Hillhouse’s employees turned it on remotely. Mr Fay was caught unawares by this and his glove was trapped in the machine. This resulted in his right arm being drawn into the machine and being crushed between the rollers of the machine. As a result Mr Fay was off work for a considerable period of time. He has now returned to work but not for the same employer.

The Health and Safety Executive was subsequently notified of the accident and took steps to investigate. This investigation resulted in a recommendation that Hillhouse Precast Concrete be prosecuted for serious health and safety breaches, namely breaches of the Provision and Use of Work Equipment Regulations 1998.

The matter came before the Kilmarnock Sheriff Court on 24 June 2013. The court was told that approximately a month before the accident took place the handle of the machine that injured Mr Fay started to leak hydraulic fluid. As a result the machine was fixed and a new handle was installed. However, no-one noticed that the new handle that was installed was capable of being left on the “on” position whereas the old handle had not. The HSE investigation therefore concluded that the company had failed to recognise that the “hold to run” control switch on the machine was a safety feature of the device and the company had therefore failed in its duty to appropriately maintain the machine or repair the machine with the proper switch.

Hillhouse Precast Concrete Ltd pleaded guilty to a breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998. It was therefore fined £10,000 but was not – as is usual – ordered to pay the prosecution’s costs.

The criminal defence solicitors for Hillhouse Precast Concrete Ltd did not comment on the judgment.

Marc Hadrill, a solicitor at Redmans, commented on the case that: “The injury to Mr Fay was a pure mistake on the company’s behalf but even so they still ended up with a heavy fine. It’s imperative that firms – whatever they do – take steps to maintain work equipment properly as a failure to do so can result in serious injuries to workers and sometimes even death”.

A Health and Safety Executive inspector, Mr Mark Carroll, stated that “As a result [of the accident] Mr Fay was badly injured and permanently scarred. Hillhouse Precast Concrete Ltd has introduced measures and bought new equipment to avoid a repeat of the incident, but it could have been prevented by better consideration of how the repair work affected the safe operation of the roller”.

Redmans offer specialist employment law advice from their employment law solicitors in London

The need for occupational health and safety lawyers, such as mesothelioma lawyers, is important, especially for those who are working in the construction business as they’re exposed to chemicals such as asbestos. If you think that you’ve been injured at work then you may wish to submit a grievance against your employer. You can do this by downloading a grievance letter template and submitting this to your employer.

Medical Malpractice Meets Fraud

Medical malpractice has reached another level this week with reports coming from a Chicago hospital regarding a pulmonologist who allegedly performed unnecessary tracheotomies—procedures to open air passages in the windpipe—according to the Chicago Tribune.

The owner, chief financial officer and five physicians of Chicago’s Sacred Heart Hospital are charged with Medicare fraud. The issues is in regards to performing surgeries that were not needed in order justify false billing. Patients were allegedly kept too sedated to breathe and then physicians ordered unneeded tracheotomies so they could acquire as much as $160,000 per case.

An unnamed surgeon at Sacred Heart performed tracheotomies on 28 Medicare patients between 2010 and this past January, according to the affidavit. Five of those patients died within two weeks.

This particular incident raises serious concerns regarding medical malpractice and fraudulent cases. Not only are some physicians disregarding their responsibilities, but they could be doing so for financial benefits as well.

The Need for a Second Opinion

You may have a trusted doctor that you prefer and have gone to for years, but even your most trusted doctor can make a mistake from time to time. Although they probably aren’t involved in fraudulent business, they may misdiagnose you or a loved one, resulting in complications that you did no expect.

Most doctors are intelligent to know that second opinions are not only smart but needed, so your trusted doctor may refer you to a specialist or another doctor for another opinion. Do not disregard a second opinion because it could save you money, a legal battle and even your life.

Don’t Wait Till It’s Too Late

If you believe you’ve been the victim of medical malpractice or someone you know has, do not hesitate to speak with a lawyer concerning the issue. An experienced medical malpractice lawyer will work swiftly to recover any time they have and work hard to keep additional issues from occurring.

In a medical malpractice case, you need a reputable lawyer to help you seek the justice you deserve and the compensation you need to recover. Also, lawyers can help initiate investigations that might need to occur if a physician is irresponsible in their practice.

Again, acting immediately could be the difference in life and death in a medical malpractice case. Medical malpractice lawyers can help you and will represent you in such a devastating situation.

Are Radar Detectors Legal For Your Vehicle ?

Radar detectors provide motorists with an advantage because they make it easy to detect when a police car is using a radar gun nearby. Although a police officer can pull someone over based on a visual estimate of their speed, it is most common for law enforcement officials to rely on radar guns to provide a reliable reading of a driver’s actual speed. Therefore, many police officers will pull over on the side of the road and use their radar gun to catch speeding motorists. With a radar detector in place, you will receive advance warning, and this should give you enough time to slow down.

Are Radar Detectors Legal?

In the past, there were a lot of questions about the legality of radar detectors. Understandably, law enforcement officers around the country are not fond of these devices, and this led to several of them being confiscated. However, there were several lawsuits filed because the Communications Act of 1934 appears to make it legal for drivers to own and use a radar detector. Now it is much more common for police officers to temporarily confiscate the driver’s radar detector long enough to record certain information off it, but they generally return it before the traffic stop is over.

Even though the previously mentioned Communications Act of 1934 has been used to argue that radar detectors are legal, there are still some areas that ban them in all vehicles. Therefore, if you are driving in Washington, D.C., New Jersey, New York, Illinois or on a military base, you many not legally use a radar detector. Additionally, California and Minnesota have a vision obstruction law in place that makes it illegal to affix a radar detector or a GPS to your windshield.

Can a Commercial Driver Use a Radar Detector?

Unfortunately, commercial vehicles are not given the same protection as passenger vehicles, and this means that you cannot legally use a radar detector at any time. If you are caught violating this rule, you will most likely receive a ticket for possessing and operating a radar detector. In other words, even if you are driving in Florida where radar detectors are legal for passenger vehicles, you can still be ticketed because Department of Transportation regulations supersede the state’s radar detector law.

What should I do if a Police Officer Takes my Radar Detector Away?

Although most police officers no longer confiscate radar detectors, this does not mean that it never happens. Therefore, you need to be aware of your legal rights. For example, if you are driving in Orlando and a police officer confiscates your radar detector, you will have the right to file a lawsuit. Because it is legal in Florida for a passenger vehicle to use a radar detector, you are most likely going to win your case, especially if you utilize the services of an experienced Florida traffic lawyer.

Radar detectors are not foolproof, so it is important that you do not let yourself be lulled into a false sense of security. However, as long as you use them in a legal manner, they can help you avoid getting a speeding ticket. This makes them a wise investment for people who spend a lot of time on the road, especially for drivers who know that they have a lead foot.

Anthony Joseph is a writer/blogger who likes to discuss how traffic laws are affecting drivers today. A Florida traffic lawyer from the firm of Katz & Phillips, knows how to provide clients with top of the line legal help in fighting traffic tickets. Their Ticket Team has extensive experience reducing clients charges, as well as dismissing tickets.

Statute of Limitations to File a Medical Malpractice Suit

If you’ve ever dealt with any legal situation, you’ve probably heard the term statute of limitations. This is the statute that defines how long you have to act in a given situation involving the courts. If you’re working with a medical malpractice attorney, they’ll make sure to file your claim before this statute expires. The statute of limitations is a bit more complex than you might think and it involves more than just a given time frame in which you must file.

The Basics

According to the Indiana Department of Insurance, the statute of limitations is as follows.

If you have a general malpractice claim, you have 2 years to file it. This two years starts at the time that the malpractice was allegedly committed. For instance, if you had a nightmare situation like having the wrong leg amputated, the statute of limitations would start ticking from the time that the procedure was performed.

The exception is if there is a minor less than six years old involved. If this is the case, the family has until the child’s 8th birthday to file their complaint. There are some other exceptions that may be invoked, as well, but these will be on a case-by-case basis and you’ll need to talk to a malpractice attorney to get the details on exceptions.

What Does This Mean?

Essentially, the statute of limitations means that you need to talk to an medical malpractice attorney quickly if you want to file a claim against a doctor or other healthcare provider. If you let the statute of limitations expire, there is really nothing more that can be done, unless your situation happens to be one of those rare cases that qualify for an exception to this rule.

Consulting with an attorney will usually be free, so there’s no reason to delay in this regard. There are specific requirements involved for them to file a complaint, so anticipate that they will need some lead time to put everything together in a way that is acceptable to the courts. This is why you want to make sure you give them enough time to handle your claim properly and that starts by getting in touch with them as soon as possible,

There is a medical review process involved, so you’ll have to take this into account, as well. Your attorney will clarify all of this to you.

What If you’re Not Sure?

If you’re not sure whether or not medical malpractice played a part in any injuries you suffered, you should contact an attorney right away. They can at least sit down with you, get you information and make sure that you know whether or not it would make sense for you to go forward with a claim.