Personal Injury Law Blogs

Identifying Dangerous Toyota Prius Recalls

Cars are an essential part of our lives. They take us to work, school, the grocery store, and a number of other destinations that are important in our everyday life. While there are a number of high quality cars currently on the market, the Toyota Prius has gained recent notoriety due to its high fuel economy and small environmental “footprint.” Unfortunately, the Toyota Prius is not without its hazards—in fact, a number of serious recalls have been issued against this vehicle. Some of the grimmest recalls include faulty braking and acceleration systems, as well as damage to the electric water pump.

The ability of a vehicle to brake upon demand is perhaps one of its most important components—in fact, failure to brake can lead to serious consequences to drivers, passengers, and pedestrians alike.  Unfortunately, in February of 2010, many Prius drivers reported an inability to brake on a consistent basis, and a subsequent recall of 133,000 Toyota Priuses was implemented. This problem was especially evident when the vehicles were driven in inclement weather, such as in snowy or rainy conditions. While a variety of techniques were used to correct this problem, a software update was effective in most reported cases.

While braking is obviously essential for drivers, maintaining control over the accelerator is also quite important. Another dangerous recall of the Toyota Prius—which occurred in October of 2009—focused on just this issue. At this time, some Prius owners were experiencing a sudden increase in acceleration, which led to a number of serious and life-threatening accidents. Investigators determined that the problem was due to a combination of poor accelerator pedal design and floor mats that did not fit the car properly. Subsequent Toyota Priuses have been redesigned with this problem in mind, and complaints about rapid acceleration have rapidly decreased.

The most recent Toyota Prius recall occurred in November 2012, after complaints about the functionality of the electric water pump began to add up. According to some drivers, the electric water pump short-circuited, causing a number of warning lights to become illuminated. In some cases, the hybrid system of the Toyota Prius stopped entirely due to malfunction of the electric water pump. While there have been no deaths attributed to electric water pump failure at this time, experts believe that this dysfunction could cause the vehicle to stall suddenly—resulting in serious vehicle crashes or accidents.

Maintaining the safety of one’s vehicle is not only important for the driver, but for all individuals on the road. Despite a driver’s best efforts, he or she may not be able to prevent accident or injury if their car malfunctions while on the highway or interstate. Identifying all relevant recalls—and understanding their potential for danger—is thus essential for those who want to avoid mishaps and malfunction. Toyota Prius owners can stay up-to-date on all vehicle recalls by visiting the Toyota Recall center on a regular basis, or by calling customer service representatives at 1-800-331-4331.

 

Braud and Gallagher can help you if you experience injury or property damage as a result of a manufacturing defect in your vehicle. Car Accidents can happen at any time and it’s important to have experienced representation you can trust handling your case.

Constructions’ “Fatal Four”

The “fatal four” is a term in the construction industry to describe the top four causes of workplace fatalities.  These four hazards account for over half of all deaths on construction sites. According to the Bureau of Labor Statistics, if we could eliminate these dangers, we could save 437 workers lives each year in America.

To quote the Secretary of Labor, Hilda Solis, “Every day in America, 12 people go to work and never come home. Every year in America, 3.3 million people suffer a workplace injury from which they may never recover. These are preventable tragedies that disable our workers, devastate our families, and damage our economy.”

This is why The Occupational Safety & Health Administration, otherwise known as “OSHA,” exists. Their sole responsibility is to monitor high-risk work sites, to set safety regulations, and to fine any company that is in violation of these standards.

The “fatal four” dangers in the construction industry are:

Falls – Falls account for nearly a third of all deaths in construction. In 2010 falls accounted for 264 of 774 construction-related fatalaties. Falls are especially common on construction sites, since many of the buildings being constructed are at least a few stories high, but most are commercial or industrial buildings where workers can be up hundreds of feet in the air.

OSHA supports close monitoring of all equipment, proper training for workers that at elevated heights, and fall protection harnesses to be worn by all workers working at over a one-story height.

Electrocution – Electrocution is the second most deadly danger lurking on many construction sites, since almost every building needs to be equipped with an electrical source. OSHA recommends that all persons handling live wires and electrical circuits wear the proper protection. Grounding is another major safety precaution that OSHA enforces, since many power tools need a safe source of electricity throughout the day. Electrocution is one of the most preventable dangers, since only professionals skilled in its use should be handling it.

Struck by Object – Construction sites have steel beams, iron rods, and large panes of glass, flying around at any given time, and they can often seem like huge, projectile weapons. Being struck by a falling object or a misguided object can easily lead to serious injury and death. Luckily, if the site is abiding by OSHA standards, they will be following a strict safety policy and will be much more careful and aware of their situation. A few OSHA tips include never positioning yourself between a fixed and moving object, staying alert of heavy equipment and checking vehicles before each shift.

Caught-in/between – Luckily, this fatal hazard has seen a reduction over the past ten years, decreasing about 20% since 2003. The biggest decrease in these fatalities came from the excavation or cave-in industry. OSHA recommends preventing caught-in/between hazards by following all safety instructions for machinery, wearing protection to prevent yourself from being pinned between equipment or other objects, avoiding working in unsafe excavation areas,  and taking advantage of all of your training opportunities.

If you have suffered injury at constructions site contact Baker and Gilchrist immediately.  Construction Accidents can lead to loss of work and high medical bills.  It is important you have an experienced firm who can help you secure proper compensation in the result of an accident.

Distracted Driving

Distracted driving is quickly becoming one of the biggest problems on the road today. Many drivers will multi-task while driving, putting their own life and the lives of others at risk for injury or even death. In fact, each day, more than 15 people are killed from distracted driving and another 1,200 people are injured.

Distracted driving can be anything that takes your eyes, hands or mind off of the wheel, like staring at a billboard, eating a sandwich or simply just daydreaming. While these three distractions (visual, manual, and cognitive) can be dangerous on their own, they’re even worse when combined. Things like talking on a cell phone, searching through a smartphone app, and texting can require too much of your attention, making driving your second priority.

Here are just a few of the major distractions drivers face and exactly how they steal your attention:

Eating while Driving – Eating while driving may not seem like a major distraction, but it can be one of the worst. Not only are you using one, and sometimes both hands, but you are chewing and swallowing, opening packages, making sure not to spill, wiping your face and hands with napkins, and the list goes on and on. Obviously, some foods are much less distracting, like a simple bag of chips, but even having greasy fingers can interfere with your driving skills.  Eating, while driving, is unsafe, unhealthy, and completely unnecessary.

Changing the Radio Station – Most people think that changing the radio station is an innocent act that takes only a few seconds. In reality, most people change the radio station until they find something they like; which can take more than a few seconds. Fidgeting with your dashboard takes your hands and eyes off of the wheel, and more often than not you’re thinking of the songs more than the road.

Texting or E-mailing – Texting and e-mailing while driving has become one of the biggest problems today in distracted driving, and the younger generations are some of the most easily influenced. Over 50% of drivers aged 18-29 in the U.S. admit to texting or e-mailing at least once in the last 30 days while driving and over a quarter report texting and e-mailing “fairly often” while driving.

Attending to Children – Ironically enough, parents who want the best for their children are often the ones who endanger them by driving distracted. Many parents want to keep their children entertained, and will quickly lose focus when they feel their child needs them. Keep your kids busy with books, games and DVDs, and teach them that driving is your number one priority for their own safety.

Talking on the Phone – Many people assume that the dialing of the phone is the dangerous part of talking while driving, when in reality, it isn’t. Studies have actually shown that the use of hands-free devices does not lower the distraction levels, and that crashes attributed to dialing were almost identical to number associated with talking or even just listening on the phone!

 

The smallest distractions can cause serious damage or injury.  Distracted Driving should not be taken lightly.  Hardison and Chochran is a firm that can help you should you or a loved one be a victim of dangerous driving.  For more info on the dangers associated with driving visit the Department of Transportation.

What Are the Different Types of Truck Accidents

When it comes to truck accidents, it is safe to say that these accidents are some of the most dangerous types of automobile accidents. Trucking accidents cost lives of thousands of people every year in the United States and around the world. According to the FMCSA or Federal Motor Carrier Safety Administration, large truck accidents cause around 5000 deaths every year. Such large truck accidents take place around half a million times every year causing injuries and claiming lives. If you’ve been involved in a truck accident, obtaining better personal injury settlements is possible if you hire an experienced truck accident lawyer.

Such accidents are more newsworthy because of the damage and devastation they cause. Different types of truck accidents cause different damages and injuries. If you have suffered such an accident and wish to file a compensation claim, you would need to learn about what kind of trucking accident you suffered. Here are some of the common types of trucking accidents:

Rollovers: The large trucks always create a center of gravity because of their sheer size. When these huge trucks lose control, rollover accidents occur. Truck rollovers are some of the most serious types of trucking accidents and it has the highest fatality rate. This type of accident mostly occurs when a driver drives the vehicle over an object and loses control. In such a situation, the truck may fall onto other passenger vehicles and cause fatalities. Even the truck driver can sustain severe brain and spinal cord injuries in such accidents.

Brake failure: Accidents often occur due to loss of control on the vehicle. Brake failure is one of the common causes of truck accidents. There are several factors that can cause brake failure in a truck. Some of these factors may include mechanical errors, weather condition, and improperly balanced or loaded carriage. Brakes may even fail when they are overheated and do not get enough time to cool down completely.

Problems related to blind spots: Blind spots are one of the common problems with large trucks. Trucks have blind spots to each side and behind them. Because of that when taking turns and changing lanes, it becomes difficult for the truck driver to spot vehicles that do not come in view because of the blind spots.         Accidents can easily occur in such situations and such accidents also have a high fatality rate.

Underride Accidents: Underride accidents occur when the passenger cars collide with trucks and side right underneath the truck. Because of the massive size, trucks cannot be stopped as quickly as other vehicle. Because of that, in underride accidents, the trucks often drag the passenger vehicle along till it can come to a full stop. This way the top and front of the passenger vehicle gets badly crushed and the driver and passengers have a high risk of suffering serious brain injuries, amputation injuries as well as other types of injuries.

If you have suffered any of the above types of trucking accidents, it is important that you take legal actions against the responsible party. Filing a personal injury lawsuit becomes necessary in such a situation. Miami Dade Attorney if you do not know how to go about filing and winning the personal injury claim.

Do You Know What a Personal Injury Claim Is

When an individual becomes injured because of the reckless behavior, negligence or fault of someone else, the injured may have the right to file personal injury claim. The primary purpose of filing the claim is seeking compensation or restitution in exchange for all the medical bills that the victim had to pay to treat the injuries. Most of the claims seek specified amounts of money. However, once the case reaches the court, the judge will make the final decision regarding the amount of compensation that will be awarded to the victim. In some cases, the victim needs to meet certain conditions in order to be able to file the lawsuit.

More often than not, auto accidents may lead to personal injury lawsuits. Generally, when an individual receives significant injuries because of the fault of another driver, legal action must be taken against the responsible driver. There are also cases where the passenger of a car files a lawsuit against the individual driving the car. Such cases occur when the passenger is injured due to the fault of the driver. On the other hand, in cases where the driver receives injuries because of something done by the passenger, the driver will have the right to bring a lawsuit against the passenger.

Sometimes individuals are injured in slip, trip and falls accidents. These accidents may occur anywhere, on someone else’s premises or place of business. As far as places of business are concerned, these accidents mostly take place in grocery stores. People may get injured in such accidents if the floor of the store is wet or slippery. In such cases, the victim has the right to file a personal injury lawsuit against the business owner. The victim will have to prove that the accident occurred due to unsafe environment.

In other cases, lawsuits may also be filed by employees against their employers. Such lawsuits may arise when the employee is injured due to unsafe work environment. This type of lawsuit may also be filed if harm is caused to the employee due to hazardous work environment. For instance, you suffered an accident because of an obstruction being in the wrong place. If you receive significant injuries (for example, broken bones) in that accident, you may think about filing a compensation claim. Your employer will be liable for paying all your medical bills and other out-of-pocket expenses.

There are several steps that you need to follow when filing a lawsuit. Every state has specific rules and regulations regarding these types of lawsuit. These rules and regulations may also vary from one state to the other. If you are going to file personal injury compensation claim in Broward, it would be wise for you to contact a Broward lawyer as soon as you can. Your lawyer will help you file the claim successfully and win compensation. Though, you may file the lawsuit on your own, it is best to let a professional handle these matters. Lawyers have extensive knowledge of the field and insight into such cases. This would help your case significantly.

Slip and Fall Injuries in Nursing Homes

Fall-related injuries are a major health concern to nursing home residents. Every year about 1,800 older adults living in nursing homes die from fall-related injuries, and many more incur serious injuries like broken bones, fractured hips and severe bruising.

Between 50% and 75% of nursing home residents over the age of 65 fall each year, at twice the rate of falls of older people who do not live in nursing homes. Even though only about 5% of adults 65 and older live in nursing homes, nursing home residents account for about 20% of deaths from falls. Families send their loved ones to nursing homes with the hope and confidence that they will be better cared for than if they were to remain living on their own, however these rates hint at the fact that more precautionary measures must be taken in nursing homes to ensure resident safety.

Falls in nursing homes cause not only physical pain and embarrassment, but they can result in disability, decline of functional capacity and reduced quality of life. The simple fear of slip and fall accidents are known to cause depression, feelings of helpless and social isolation.

The two main causes of slip and fall accidents in nursing homes are weakness or gait problems, and environmental hazards. Other causes are wet floors, poor lighting, incorrect bed height, improperly maintained wheelchairs, medications (mostly sedatives), insufficient staff, inadequate call and assist buttons, poor lighting and clutter.

There are many things that nursing home staff and owners can do to help prevent falls. Firstly, upon admission to the nursing home every resident should be required to undergo a fall risk assessment. Based on the results of the assessment each resident should have an individualized care plan designed to best protect them. This plan should be reviewed and modified on a regular basis to match the stages of their health.

Nursing home slip and fall injuries occur frequently, and it can be difficult to determine whether or not the nursing home owner or employees are guilty of negligence. If you or a loved one has been incurred a fall-related injury, you should contact an experienced attorney to discuss whether or not you have a case, and to formulate a plan to get you the compensation you deserve. If you suspect negligence, again, contact a nursing home injury lawyer in Alabama to take legal action immediately. Protect your loved ones, existing residents and future residents from harm.

How much compensation can you receive for a personal injury claim?

If you have sustained a personal injury and are thinking about making a claim, don’t worry, you are not alone. Each year, there are thousands of accidents in the UK that cause injuries which could have been avoided. Therefore, if you have an accident that wasn’t your fault and sustain an injury as a result, you could have valid grounds to make a claim and receive compensation.

There are a number of things that you need to evaluate before deciding whether or not to press on and make a personal injury claim. Most importantly, you need to determine whether or not you have valid grounds to make a claim and the likelihood of the case being successful. Ultimately, you can make a personal injury claim if you have had an accident that someone else was either fully or partially at fault for. The best way to answer both of these questions and any other queries you may have is to talk to a personal injury solicitor. Thankfully, the majority of personal injury solicitors offer free consultations, which means that you won’t have to pay to find out more about your claim. A solicitor will also be able to tell you how much compensation you could be entitled to according to your injuries and other factors. However, in the meantime you can gain a rough estimate by using an online compensation calculator

The amount of compensation you actually receive varies from case to case, hence why a solicitor can give you a more accurate estimate once they learn more about your situation. There are a variety of different elements that determine the final compensation amount, not just the type of injury you have sustained. Essentially, you can claim for any financial loss that you have incurred as a result of the accident. For example, if you are unable to work and have had to take unpaid leave, you can claim back your loss of earnings. Just make sure you have some form of evidence to prove exactly how much you earn, a few pay slips would suffice. Furthermore, if you cannot drive and have to take public transport everywhere, you can also claim back these costs. Be sure to discuss such instances with your solicitor so that you receive the full amount of compensation you deserve.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. There are a number of extremely useful tools such as the Compensation Calculator and the Injury Claims Guide. 

Storm Damage Claims – Why Insurance Companies Balk at Settling

All insurance companies have a team of attorneys that deflect legal claims. Insurance companies routinely refuse to pay claims as a method of reducing expenses, regardless of validity of the claim. Some claims are obvious and leave little room for the insurance company to establish a legal position for denial. Storm damage is one of those claim areas that can be argumentative and insurance companies will do everything they can to reduce or deny the claim. Claim denials can also include level of coverage and associated expenses, such as living expenses while the claim is being settled or work is being completed. It is not a good idea for the storm victim to attempt handling a potential legal claim without consulting with an effective property attorney because of the possibility of additional remunerations that can be averted by the insurance company.

The Insurance Adjuster

The duty of the insurance adjuster is to discount anything they can find that may be presented in court for claim damage reduction. Adjusters will often attempt to settle a case quickly if they can avoid a significant payout. The insurance company sells investment protection, but they are actually in the cash flow business. Less payout equals more company profit. If the adjuster offers a quick settlement on a storm-damaged property, then this should be taken as a red flag. The property owner should call an attorney immediately. If the adjuster is not successful at settling the claim, then the insurance company will begin balking as a method of reducing claim levels. Always remember that the adjuster is in a hurry, hoping the claimant will accept the offer, and the insurance company holds out hoping for the same result.

The Insurance Company

The insurance company will assess the policy and determine what damages they will cover. The claimant should be ready for a long negotiation. The victim should never be acceptable to a claim denial based on the storm being an “act of God.” There is no such stipulation in any homeowners insurance policy. However, flood insurance is never included in standard property insurance and must be carried as a rider on the policy. Failure to carry flood insurance can be problematic in cases of storm damage that include tidal surge or structure flooding. This can establish the possibility of a significant claim reduction, including claim denial in court. The insurance company will normally also be minimal in what they will allow in terms of inconvenience coverage, such as renting a dwelling while awaiting a settlement. According to our tornado insurance claim source, they will review the policy in attempting to avoid paying replacement value instead of market value coverage. It is important for the property owner to check sites like Money Expert to know their insurance policy. The insurance company surely does.

One advantage concerning storm damage claims is that the weather is generally predictable. Documentation can be a problem in storm damage claim cases because the insurance company can claim that some damage was already present. If it is apparent that a major storm is on the verge of hitting, then the property owner can take pictures or videos of the property before the fact that may serve as documentation in case a claim is highly contested. Insurance companies can plan denial strategy in storm coverage because they also know ahead of time and will have a large number of claims in association with the storm. The homeowner should be prepared to retain an experienced property claims attorney if this occurs because of the company drive to limit claim payouts. Balking is always part of the limiting strategy.

Anthony Joseph is a researcher/freelance author, and a contributing writer for Doyle Raizner. If you’ve filed a tornado insurance claim that’s recently been denied, let their attorneys be the ones to make your situation right. Anyone who’s ever been through a tornado has reason to wonder how an insurance company can deny a property damage claim for owners who have current policy’s. Even without a direct hit by the funnel cloud, the accompanying windstorm, and hail can clear a path of destruction over a half-mile wide.

Slip and Fall Personal Injury

When you slip and fall, you can sustain serious injuries.  The difference between being clumsy and having a slip and fall case is that someone needs to be negligent for failing to maintain the area or failing to advise you of hazards that may exist when you are filing a personal injury claim.  If you have a slip and fall personal injury case, it is important to understand what determines that a lawsuit is valid and who may be considered responsible for your injuries.  Read on and learn what you need to know before you assume that you do not have a valid case.

The Cause of the Slip and Fall is Very Important

If you are strolling around your home and you trip and break your arm, you have no one to hold liable for your injuries but yourself.  To have a valid slip and fall personal injury case, there needs to be a hazard or some type of negligence present from the property owner, the person, or the business who is responsible for maintaining the property.  The environmental factors play a huge role in whether or not the person who maintained the property is negligent.  Here are some environmental factors that must be considered when you are evaluating whether or not you have a case:

* Hazardous Physical Obstacles

If you are walking into an office building, you do not expect to have to watch the floor for poorly placed cords or bunched up floor mats.  If you trip over a hazardous physical obstacle, you may have a case.  The obstacles can be anything from furniture to equipment.

* Weather and Failure to Minimize Potential for Injuries

As you may know, there are some things in life you cannot control.  Weather is one of these things.  If you fall on a slippery tile floor after walking through a rainstorm, you might think that no one is to blame but Mother Nature.  In actuality, businesses and property owners are expected to minimize the risk of injury by placing non-slip rugs and by keeping all of the walkways dry.  The property owner also needs to place “Wet floor” signs to show where hazards may lie.

* Lighting Issues

If an entryway is poorly lit, you might not have the sight you need to avoid obstacles.  Failure to maintain the proper amount of lighting could be considered negligence.

* Other Causes

Some other causes that may be considered as negligent include: failing to maintain flooring, failure to use the right floor materials, and poor design elements that might camouflage changes in elevation.

Who Is Responsible for Your Slip and Fall Injury?

To file a lawsuit, you need to find the party who should be considered responsible for your injury.  If you slip and fall in a restaurant or some other establishment, the party responsible for maintaining the property could be held liable.  If you slip in fall in someone’s home, the homeowner could face a lawsuit if they were negligent.  If you slip and fall in a city building like the library or the City Hall, you may have to sue the state or local government.

Not all slip and fall cases are cut and dry.  If the the details are not obvious, it is best to hire a slip & fall lawyer to discuss your options.  The best personal injury lawyers will tell you whether or not you have a case, and if it is in your best interest to file a lawsuit or submit a claim through the liable party’s insurance.

Cheryl Lawrence has worked in the legal field for many years, and knows how confusing slip and fall injury cases can be. Seeking help from an Atlanta injury attorney can bring great results. 

How to Obtain the Best Possible Injury Compensation?

Guest personal injury blog post from US attorneys about claiming the best possible compensation.

If you have been unfortunate enough to suffer an injury on account of an accident or while performing your job, you should consult with an injury compensation attorney, to obtain the best possible compensation. A person who is the victim of an injury is usually under lot of trauma, both from the pain of the injury and concerns about his future. This is often aggravated by the attitude of the offending party who might try to deny responsibility, or the insurance company, which might try to short change the victim.

In such circumstances, it is important that you hire an attorney who can step up to the plate and deliver when it matters the most. In order to be able to hire an attorney this good, it is important that you take certain factors into consideration.

First of all, the attorney that you hire should have a lot of experience in successfully handling cases of this nature. You should also check out his track record in this. While doing that, try to find out if that person specializes in exactly the kind of claim that you seek. This is because there are all kinds of claims, and every attorney will specialize in only some of them. A case of mismatch needs to be avoided.

Also, you should check out the pedigree of the lawyer. Does he belong to a professional organization or association consisting of reputed lawyers and law firms? If your lawyer has the highest standards of professional integrity, you can be certain that he will leave no stone unturned in achieving justice. In fact, such law firms or attorneys will fight to get you just the compensation you deserve, and only charge their fee, in the case of a settlement or a verdict.

The thing about injury compensation attorneys is that they are a different breed of lawyers altogether. Not everyone can be a good injury attorney. Not only should you have complete knowledge of this aspect of the law, you should also have many years of first – hand experience having reached such cases to their logical conclusion. Your lawyer should have the ability to quote the law in favor of an injury victim, and also be able to make conclusive emotional arguments.

You should note that a lot is at stake for an injured person. Not only does he suffer physical pain, he may have been permanently disabled or his ability to earn may have been compromised. In circumstances where somebody’s life is on the line, there cannot be compromises in mounting a vigorous defense of that person’s right to adequate compensation.

The law pertaining to compensation arising out of negligence, also known as tort, is quite clear about the liability of a person or entity to pay adequate compensation. It is up to a good attorney to ensure that its full effect is felt.

Denzel Zurich is a leading authority on injury compensation. He works as an independent consultant with many leading law firms, including injury attorney Boca Raton