Personal Injury

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.

Fractures

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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Why Bicycle Accidents Happen

It is understandable that bicycles are popular modes of transport. They cost less, require less maintenance, and promote fitness. But they don’t come without risks. Even though bicycles can have their own lanes, they may still be prone to accidents because of the errors of their riders and other drivers.

According to the website of these Brownsville personal injury lawyers, those who have been hurt in bicycle accidents may get compensation from negligent drivers who have caused the accidents. But when you think about it, monetary compensation is never enough to offset the victim’s pain and suffering, so it is better if everybody just makes the effort of avoiding bicycle accidents.

Bicyclist Mistakes
Not wearing protective gear: Bicyclists should always wear helmets, pads, and other protections to minimize the damage of accidents. They may be the gears that will prevent them from sustaining severe traumatic injuries.

Not addressing visibility issues: Bicycles are smaller machines on the road, so they may be less visible to other drivers. Bicyclists should make sure that they are visible, like by staying on their proper lanes, wearing reflective clothing, and utilizing bicycle lights.

Going too fast: Bicyclists should be aware that they are some of the most vulnerable people on the road, so they should really consider their speed, especially on intersections and narrow roads where they may fail to react on time to unexpected events if they are going too fast.

Driver Mistakes
Not being careful on intersections: Drivers in intersections should be very mindful of their blind spots and possible bicyclists in them. Drivers who turn right on intersections may block bicyclists going the same direction. Drivers who turn left or go straight the intersections may block bicyclists going the adjacent direction.

Suddenly changing lanes: Abrupt maneuvers on the road, such as lane changing, may catch bicyclists, especially if the bicyclists are on their blind spots.

Opening the door without looking: Accidents can still happen even if the involved vehicle is not moving. If the person in the vehicle opens the door without looking for oncoming motorists, the door may serve as an obstruction to passing bicyclists.

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How Safe are Amusement Park Rides?

Children are always playful, too excited and, sometimes, uneasy, especially when they are in amusement parks. This is probably the reason why an estimated 4,400 children get hurt in amusement parks every year. With regard to adults, however, it can be any other reason besides excitement, like an existing health condition or carelessness. In many other instances, however, amusement park accidents happen due to poorly designed rides, operator negligence, mechanical failure or improper behavior by other park attendees.

In 2010, the International Association of Amusement Parks and Attractions (IAAPA) recorded 290 million amusement park tickets sold in the US. The following year, IAAPA received reports of 1,204 people getting injured in 400 different amusement parks.

Deaths and injuries in amusement parks are not common, occurring only to 1 out of every 9 million visitors, according to the IAAPA. Some deaths, however, can just be too gruesome, like people drowning or getting electrocuted in water slides; people getting thrown off from their seats while on a roller coaster; and, older adults or teenagers sustaining bone fractures in the leg or arm either while on rides or while getting off these rides. Some other forms of injuries (non-fatal ones), include a man accidentally swallowing too much water during a water theme park ride or some individuals suffering from dizziness or chest pains after a ride.

As required by law, operators of fixed-site amusement parks should report to state and local government regulatory authorities all incidences of accidents, ride-related defects and manufacturer-related safety issues. State and local governments actually bear the full burden when it comes to ensuring the safety of amusement park rides; part of their responsibility includes the establishment of safety audit and safety inspection programs.

Another government agency that has tasks related to safety in amusement parks is the US Consumer Product Safety Commission (CPSC). The task of this federal agency, however, is limited to recording and compiling all accidents involving mobile rides and devices, like those in carnivals and local fairs.

As clearly stated in IAAPA’s website, “Safety is the Amusement Park Industry’s Number 1 Priority” . To ensure this, standards have been set on the design, manufacture, quality assurance, testing, operation, inspection, and maintenance of rides. All rides, and how an amusement park actually operates, are also subject to rigorous inspections by state and local governments and insurance companies. Park employees and specialty companies are, likewise, required to periodically re-inspect rides, using as their guide for safety check, the guidelines provided by the rides’ manufacturers.

With all the safety checks and the standards on rides, it should already be safe to say that amusement parks are accident-free fun places. Obviously, however, this is not the case. The law firm Williams Kherkher mentions on its website, for instance, that amusement park visitors may face risks of injury, especially if a park operator fails to follow proper safety procedures.

There is no telling what type of injury one may be at risk sustaining in an amusement park. Various government records show of minor to severe injuries and even accidental deaths. Regardless of the severity of an injury, victims should find out if their case is worth pursuing legally.

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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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Product Defects and Injuries

Many times the victims of defective products are children whose toys have caused them injuries, either through the parts of the toy or lacking safety warnings for appropriate age group. Every year, hundreds of thousands of children suffer from injuries from defective products and there are even those who die from toy-related deaths. One of the dangers that these toys cause are choking hazards; because very young children are curious and would often put things into their mouths. It is the manufacturer’s responsibility to provide a safety warning for proper labeling on the package that they come in.

Likewise, according to the Ausband & Dumont Law Firm, the dangers of defective products can also affect adults. Every product should have a warning label. Electrical appliances can have faulty wiring, which could result in electrocution or burn injuries. Sometimes, people are injured death due to defective products. They may be able to file a personal injury claim. This would enable them to claim compensation for the damages that the product has caused, and would cover for medical expenses, lost wages, pain and suffering, other damages.

A manufacturer of a product can cause defects in a number of ways; one being the design itself was defective. Another error would be on the assembly of the product, where despite the right design, poor workmanship, using deficient materials for the product, or committing mistakes during the assembly itself. Lastly, the failure to warn the consumer of the roper use and safety could lead to many accidents and injuries. Despite being under the watchful eye of the United States Consumer Product Safety Commission, many defective household appliances are still sold in the market. Consumers should be watchful of what they are using and read the safety features first before using the product. They are also advised to check the product for defects before purchasing them, and to watch out for product recalls that often points out the deficiency of a product.

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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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