free initial consultation
call: (702) 625-8777
Home visits available. Call for an appointment: (702) 625-8777

Personal Injury Blog

Motor Vehicle Accidents - The Data Are In!

Saturday, October 10, 2015

When you are involved in an auto accident, it's easy to feel like you are the only person in the history of time who has ever been rear-ended or T-boned or sideswiped by a careless motorist. While you're waiting for the insurance adjuster to call you back, though, take a second to remember that you could have been killed and you weren't. That said, there are definite geographical patterns to the kinds of fatal accidents that occur in the United States.

A study by the Auto Insurance Center investigating every fatal crash that occurred in the U.S. between 2009 and 2013 reveals a lot about what driving habits are most likely to yield deadly results in certain regions of the U.S. For example, according to the Center's data, the single driver behavior that caused the highest number of fatal crashes in every state was failure to stay in the proper lane. "At high speeds," the Center found, "even the slightest contact across lane lines can translate to deadly impact." The states with the dubious honor of having the most careless lane-chargers were Wyoming, Mississippi, Tennessee, Vermont and Idaho.

Mississippi, however, also found itself in the top five in another big category: drivers who failed to yield the right of way. It was joined by South Carolina, Kansas, North Dakota and Oklahoma as being the location of the most fatal accidents resulting from drivers who failed to yield the right of way.

How about road rage? The Center concluded that fatal crashes resulting from road rage dominated the statistics in Indiana, South Carolina, Delaware, Colorado and Montana. Other major causes included failure to obey a sign, driving on the wrong side of the road, and police pursuit. The Center's interpretation of this data is interesting. It said:

"The common thread for these category leaders? Large, relatively rural territories where thinly distributed law enforcement struggles to encourage safe driving.... What might explain South Dakota’s unsurpassed number of deaths resulting from police pursuits? It’s hard to say, but maybe the open roads of the Mount Rushmore State tempt drivers to race to escape."

What about drunken driving? Given the high profile that accidents involving a drunk driver historically have had in the public consciousness, one might reasonably guess that the highest percentage of deaths from drunk driving likely would be in areas with large, dense populations like New York, New Jersey and Washington, D.C. The data, though, says exactly the opposite: fatalities resulting from auto accident caused by drunken driving were highest in North Dakota, Montana, Wyoming, South Dakota and South Carolina.

Business Insider looked at the Center's data on drunk driving and reasoned: "A potential drunken driver in North Dakota or Montana might not have the luxury of calling a cab or taking the subway compared with somebody in Washington, D.C., or New York." The Center elaborated on this theory in its report, saying:

"In comparing per-capita rates of drunk driving fatalities, we see the most trouble in states where driving is a necessary part of going out on the town. Drinkers are hard-pressed to catch a cab in North Dakota, let alone use public transportation."

So watch out for these common behaviors like weaving in and out of a driving lane and failing to yield. If you are guilty of them, improve. If another motorist is the guilty party, stay clear. Either way, with any luck, you may avoid becoming just another statistic.

Did a Summer Lawn Care Job End with a Chainsaw Accident?

Saturday, September 26, 2015

Many ambitious Americans accept summer employment with lawn care service providers. Although profitable, the positions often put people in contact with equipment that can cause grave injuries. Chainsaws are prime examples. The Centers for Disease Control and Prevention keeps track of annual chainsaw injuries and the numbers are quite staggering.

They indicate that more than 30,000 people hurt themselves or other people with one each year. The United States Department of Labor takes their statistics further by breaking them down into personal injury categories. Their historical records show that the hands and arms are the top two areas to sustain damage in a chainsaw related accident. They are followed in priority by the legs, head, feet and upper body but why?

A chainsaw looks like a fairly easy piece of equipment to use but appearances are deceptive. They are small, powerful and vibrate continually. Plus, the chain has a tendency to jerk erratically or come off during use. As such, it can literally severe a major artery, limb or joint at a moment’s notice.

That said, it is widely accepted that kickbacks, dislodged and broken chains are among the chief causes of personal injuries. However, that doesn’t leave operator error and environmental factors off of the table as they tend to contribute to dangerous situations too. For example, a lawn care worker may try to operate a chainsaw with wet hands or slip on damp grass while the machine is in operation. Either scenario could result in the chainsaw kicking or falling back against the worker’s body.

Chainsaw manufacturers know this and in response, have added a number of safety features. The list of safety features includes, but is not restricted to anti-vibration handles, pressure sensitive throttles, chain catchers, kill switches and hand guards. Unfortunately, like other safety features on potentially deadly lawn equipment, they are not fail safe. So, lawn care workers who let their guard down because of the safety features’ presence often end up on a company’s injured list.

Furthermore, chainsaw operators and other lawn care employees who will be laboring in the same space also have a duty to wear personal protection. The personal protection equipment assigned to lawn care workers may be no match for chainsaws but they do help cut down on minor injuries. Let’s take no-slip work gloves and reinforced, steel-toed work boots as examples. They may prevent some vibration related injuries to the hands and broken chain injuries to the feet.

Keeping all of this in mind, people who sustain chainsaw injuries through no fault of their own should consider seeking restitution from the negligent parties involved in the accident. Examples of people who may be liable for damages are chainsaw or safety equipment manufacturers, property owners, lawn care managers and fellow employees who failed to do their due diligence.

To learn more about chainsaw accidents and what rights the injured may have in such situations, please contact us. We’ll go over the facts of the chainsaw accident and offer our opinion on how victims or their families should proceed.

Personal injury claims may include compensation for ‘loss of enjoyment,’ or ‘loss of consortium

Friday, September 25, 2015

Victims of car accidents can be overwhelmed by the options facing them when the decision is made to pursue any personal injury claims, such as medical expenses and any lost income. The list of concerns that may be tied to victim compensation goes beyond what might be considered common and ordinary medical expenses. In fact, as posted on the Nolo.com website, any “fair and just” compensatory damages will generally fall into these categories:

When it comes to medical treatment: Aside from any immediate medical treatment, a personal injury attorney will represent the victim to make sure any future medical treatments are also fully compensated for.

The loss of property: To determine reimbursements the value of most all property affected by the accident---including clothing---is set by looking at its “fair market value.”

The loss of income: Missing a few days of work is not the only consideration when attempting to be fairly reimbursed for lost wages. Injuries might very well affect the earning capabilities of the victim in the future.

The emotional fallout: The victim’s mental state may be impacted to the point that they lose sleep, are fearful and anxious. If so, “compensatory damages” can be deemed most appropriate.

“Pain and Suffering:” Compensation might also be forthcoming if the parties not only underwent “pain and serious discomfort” at the time of the accident, but also for such conditions in the “immediate aftermath” of the accident and beyond.

Compensating for ‘loss of enjoyment:’ Car accident victims may not be able to return to an old hobby, exercising, or even pursuing certain recreational activities. Consequently, they may receive “loss of enjoyment” compensation.

“Loss of consortium:” Personal injuries may also affect how the victim is able to relate to their spouse, including sexually or with ongoing companionship. In some states, such damages can be awarded to the family member and not the “injured plaintiff.”
Factors that can affect the awarding of damages:

What role did the victim’s own actions play during or after the accident? Oftentimes, cases are affected by how the injured person’s actions affected the accident---the outcomes can reduce the amount of damages awarded:

Comparative negligence: Not surprisingly, a plaintiff’s role in the accident, or comparative negligence---no matter how insignificant it may seem---can affect the amount of the awarded damages.

Contributory negligence: A few states will look at the impact the plaintiff’s role had in the accident, which may prevent compensatory damages from being awarded; this, even if the plaintiff had only a partial role in the accident’s outcome.