Automobile Accidents

Worst Injuries from Pedestrian Accidents

The best roads are those that are safe for use of both drivers and pedestrians. It can even be argued that roads should cater more to the safety of pedestrians, because they are more vulnerable compared to drivers. They are like chunks of meat ready to be smashed by fast-moving metallic frameworks.

According to the website of the New York City personal injury attorneys of Hach & Rose, LLP, those who have been hit and hurt by vehicles with negligent drivers may take their cases to court. But what are the possible injuries they can sustain anyway? Below are some of the worst ones.

Brain or head injuries

The head and brain are particularly vulnerable during the fall after impact, where they can hit a hard surface like a pavement or a rock. These are some of the most important parts of the body, so sustaining an injury in these parts are truly threatening.

The website of the Law Offices of Ronald J. Resmini, LTD has enumerated some of its associated impairments, including cognitive ones such as depression, difficulty in speech, and physical ones such as headaches and poor body coordination.

Spinal cord injuries

Like the head and brain, the spinal cord is a vital part of the body, and damaging it can be equally devastating, or maybe even more. Spinal cord injuries may be severe enough to cause various kinds of paralysis, such as tetraplegia, paraplegia, and monoplegia – all of which present their own motor and sensory problems.

Spinal cord injuries from pedestrian accidents are usually sustained by falling hard on a surface or getting hit by a vehicle from the back. They can also be sustained from the rapid back and forth movement that occur during collisions.


Breaking bones are not as devastating as brain and spinal cord injuries, but that doesn’t mean that they aren’t painful and don’t affect your life. They can be troublesome, especially during the healing process.

Fractures are usually sustained from extending the arms or legs upon impact or landing, or getting hit hard in a particular part of the body, like the chest. The most common fracture areas are the arms, hands, legs, feet, ribs, hips, and pelvis.

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Seat Belt can Save Lives; However, These can also Cause Deaths

There are occasions when a vehicle has to be recalled, either by the manufacturer or by the National Highway Traffic Safety Administration (NHTSA) through a court order due to the following reasons:

  1. The same type of problem or defect has been identified in a group of vehicles of the same design and same year model;
  2. The defect poses a risk to the safety of the driver, passengers or anyone else on the road; and,
  3. The vehicle itself or any of its parts do not comply with the minimum performance requirement standards set by the Federal Motor Vehicle Safety Standards (FMVSS). These standards make sure that a vehicle can be operated safely and that the driver and passengers would have enough protection from serious injury or death in the event of a crash. The FMVSS has actually set standards for tires, brakes, lighting, child restraints, air bags and safety belts, among others.

Vehicle recalls usually happen due to complaints consumers make to the vehicle manufacturer or to the Office of Defects Investigation (ODI), a department of the NHTSA. In October of 2014, for instance, Chrysler had to recall about 184,215 of its SUVs worldwide due to defective airbags and seat belts; this was besides the more than 850,000 vehicles that Ford already recalled in September of the same year (due to the same problem).

Seat belts keep drivers and passengers from hitting with great force any of a car’s interior parts (such as a door window, dashboard, or windshield) during an accident, thus, providing them with the best protection against serious injuries. Sadly, however, seat belts are not only known as life-saving devices. In some instances, instead of saving lives, these have caused injuries or death – due to defects.

A defective or malfunctioning seat belt may be because of poor manufacturing or poor design. Every year, at least 10,000 (of the more than 30,000) individuals who die in car crashes are said to have died due to faulty seat belts.

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Injuries Caused by Car Accidents

According to the National Highway Traffic Safety Administration, more than 3 million people are injured in car crashes every year. Due to the nature of car crashes, some injuries are, unfortunately, more common than others. When cars are struck from a certain side, or collide with different objects, certain injuries are more likely to occur.

Head injuries range in severity. Car crashes can leave victims with injuries that will last a lifetime, or can be less severe, such as a mild concussion. Although these injuries have different severities, they may be the most dangerous to sustain in a crash. It is not uncommon for brain injuries to show no physical symptoms or warning signs immediately following the crash. Traumatic brain injuries can affect car crash victims for the rest of their lives.

Back injuries typically consist of muscle pulls and tears, but can also include injuries to the spine and neck. Spine injuries can also typically be severe. From ruptured disks to muscle strains and tears, they can be wildly uncomfortable for the victim and also have a long recovery period. Neck injuries can include disk issues, as well as strains like whiplash.

Soft tissue injuries, such as bruises, are typically caused by colliding with objects in the car, and are the most common type of car accident injury. Soft tissue injuries can also include cuts and scrapes caused by contact with objects in the car or glass from the windshield puncturing the skin.

Many of these can be prevented by wearing a seatbelt and observing the rules of the road. Oftentimes, however, the reckless actions of others are the cause of car crash injuries. For more information about liability with car crash injuries, visit the website of Evans Moore, LLC.

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Wrongful Death: Legal Options for the Family

Coping with the death of a loved one will always be difficult. There’s no way to describe the devastation people experience as they try to make sense of their loss. Such devastation can only increase tenfold when the circumstances involve an accident caused by another individual’s wrong doing. This happens often with car accidents. According to data from the Insurance Institute for Highway Safety (IIHS), 32,719 people died in fatal car crashes during 2013.

There are dozens of scenarios that could lead to a fatal car accident. Huge collisions can come from a slight oversight in the part of one driver. However, in most cases, these accidents are caused by recklessness and negligence. As the IIHS points out, alcohol plays a huge role in these kinds of situations. For 2013, 72 percent of drivers killed in car accidents were found to have a blood alcohol concentration level over what is legally mandated. In these scenarios, the family of the innocent victim is entitled by law to seek out justice and compensation.

The victim’s survivors, typically comprised of family and loved ones, can pursue a wrongful death claim or a lawsuit. According to the website of personal injury lawyers Schuler Halvorson Weisser Zoeller & Overbeck P.A., these legal avenues can allow survivors to receive compensation for medical treatment costs, funeral expenses, any loss of income that the victim could have earned for their family, as well as loss of companionship.

The court will reward compensation to those referred to by the law as “real parties in interest”. These are survivors who are part of the victim’s immediate family, distant family members, and financial dependents like a domestic partner. In some cases, the court might also reward anyone who is financially affected by the victim’s sudden death.

Dealing with death will always be difficult. However, the challenge of coping can increase in case of untimely and wrongful death. The family and loved ones left behind by the victim should not have to suffer any more than they already do. If you are in the same devastating situation, do not hesitate to consult with a personal injury attorney to learn more about your legal options.

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Getting Compensation after a Car Accident

Getting compensation after a car accident can be easier for an injured passenger as compared to an injured driver since liability is not an issue for them. When a passenger becomes injured in a car accident, proving liability is not a problem since either drivers of the vehicle will be held liable. Just as with any other personal injury claim, compensation can be awarded if the plaintiff can prove the liability of the defendant and the damages done by the accident, such as injuries or property loss.

From the website of the Mokaram Law Firm, I learned that a passenger who wishes to file a personal injury claim can follow the same process as with any car accident claims, but they defendants can be both drivers if both caused the accident (or just one if it was a single car accident). The injured passenger should have the insurance information of both drivers, and they should also be the one who must file the claims to both the drivers’ insurance company. There are exceptions, however, such as in cases where one driver is not obviously negligent.

Since different states follow their own laws regarding car accidents and compensation, it may be important to seek help from a lawyer that specializes in personal injury claims in your state to ensure that your claims will be properly filed. For example, if you are in the state of California and have become an injured passenger after a car accident, you can file a claim against the drivers involved in the accident. There are other states that follow the “no-fault” law, therefore these things should be discussed with your Houston personal injury lawyer to establish the claim.

Like any personal injury claim, it is essential that the passenger should first seek immediate medical treatment for their injuries. This not only ensure that their health are attended, but it will be used as evidence and basis for the settlement. Whether the fault is from both drivers or just one, the lawyer will be the one who will negotiate with them and although oftentimes many claims get settled before court, there are still a possibility that a claim can become difficult to settle.

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Whose Fault Was the Accident?

When car accidents occur, it may be easier to settle the compensation claims when two vehicles are involved and the negligent driver is determined. For many personal injury claims, the most important thing is to know who is at-fault and the laws that pertain to your state to determine how compensation will be given. This is the reason why car accidents involving poor road conditions can take time to be solved.

According to the website of injury attorneys Crowe & Mulvey, there are many ways that poor road conditions can attribute to road accidents – erosion, faulty designs, broken traffic lights, missing guardrails, pot holes, and many other road defects can all lead to serious road accident. Whether an injured driver can sue can be a complicated matter, because the plaintiff must be able to prove that the poor road conditions are the cause of the accident and injuries. With all of the factors that go into driving a car, this can be astonishingly difficult. Additionally, because roads are kept up by cities, counties, and states, along with other government agencies, it is important for the plaintiff to fully determine who is responsible for maintaining the roads that caused the accident. Suing the wrong government agency can put your case in limbo, where it may be doomed to failure. Not only does determining who is responsible for road maintenance important, it also helps in that is makes it more clear the ones responsible can be sued for damages and compensation.

Once the plaintiff and their lawyers have determined who is responsible for the accident, it should follow that they should demonstrate the agency liable was negligent and failed to perform their duties of ensuring road safety. Should it be proven that the agency concerned could and should have, but chose not to, repair or clear the roads to ensure the safety of the motorists, then they can be held liable for damage and compensation. Likewise, if the agency has built the road in a faulty or dangerous manner, then they should be held liable.

It may be difficult to prove that the poor road conditions are what caused the accident and injuries, especially if there are no witnesses and police reports to present as evidence. The main reason why finding legal help, according to the website of Habush Habush & Rottier S.C.®, is to ensure that your rights are protected and that your claim will not be denied.

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