Articles Posted in Automobile Accidents

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By David A. Wolf, Child Injury Lawyer Blog

Truck-Accident-Rear-End-Crash-253x300In Michigan and other states, semi-tractor trailers and commercial vehicles are commonly seen on the roads, streets, highways, and interstates.  Because of the size, weight, and power of these vehicles, it is vital that truck drivers are alert and attentive to their driving responsibilities.  Unfortunately, just one inattentive moment on the part of a commercial truck driver can cause a significant impact to the driver and passengers of other vehicles and a lifetime of injuries for the innocent victims of the crash.  While it seems quite basic, many such crashes can be avoided if the truck driver maintains a safe speed, maintains a safe distance from other vehicles, and otherwise avoids distractions in the form of eating, drinking, mobile phone usage, texting, and other activities that take away from the primary job at hand – namely the driving of a commercial vehicle.

In a recent news story out of Oceana County, Michigan, it was reported that  a four year old child suffered serious, lifelong injuries after a truck driver rear-ended the family’s car which had five people in it at the time. The driver was originally charged with felony reckless driving, but at the district court level the charges were reduced to a misdemeanor.  If the driver is convicted or accepts a plea deal, the crime is punishable by up to 93 days in jail.  The truck driver will be entitled to the services of a public defender or a private criminal defense attorney.  Like other criminal cases, there are procedures and processes to go through and a criminal Defendant is presumed innocent until proven guilty.

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book4In Tennessee and other States, parents rely upon bus transporation for their children during the school year. Most bus rides to and from school are quite uneventful which is a good thing. There are days in which a school bus accident results in serious personal injury and even death to innocent children riding a school bus. From a legal standpoint, a school bus accident case can be quite complex. If a public or government entity is involved, there can be procedures to go through and caps or limits on the amount of damages that can be recovered. In addition, a school bus crash often involves multiple victims and families who may be arguably competing for a limited pool of money or insurance. It was recently reported that there was a deadly school bus accident in Chattanooga, Tennessee. In multiple media outlets, the crash involved a single school bus that turned over on its side after hitting a tree. There were 35 students on the bus with 23 individuals transported to the hospital for medical care. Tragically, initial reports indicated that there were 6 fatalities / deaths resulting from this school bus crash. Due to the nature of the crash, serious personal injuries, and deaths, local and state police officials will conduct a detailed investigation to determine the cause, manner, mechanism, and preventability of this Tennessee school bus crash.

In the State of Tennessee and other states, government entities are protected some extent from lawsuits and personal injury claims. The manner in which a government entity can be sued is typically proscribed by statute. In Tennessee, a claim or case can be pursued against a government entity for the negligent driving of an employee, official, or agent of the government. While a claim or case can be pursued, there are caps or limits to recovery in Tennessee. An individual or surviving family member can recover up to $300,000 incident; however, there is an aggregate cap of $700,000 per incident. As such, the amount that a government entity can be held liable for in a school bus crash in Tennessee can be quite limited if there are more than a couple of claims. Certainly, the financial recovery in a wrongful death case against a private entity or individual can easily exceed the $300,000 as provided in Tennessee law.

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By David A. Wolf
Child Injury Lawyer Blog
medical_2008015232-1113int.epsThere was a tragedy reported at an Oklahoma State University homecoming parade event.  It was reported that the crash into the crowd ended the life of a graduate student, a toddler, and a couple who had worked for Oklahoma State University for many years.  A day that was supposed to be filled with fun times and food ended in grief and sorrow for the family and friends of the victims as well as the entire OSU community.
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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By David Wolf, Attorney

medical_2008015232-1113int.epsIn Georgia and other States, children are the unfortunate victims of pedestrian accidents involving an impaired driver.  Whether the driver is impaired by alcohol, drug use, or a combination of the two, children especially child pedestrians are put at risk for serious personal injuries and harm.  When there is a pedestrian personal injury matter involving an impaired driver, there can be one or more legal matters that result and proceed:  1. Administrative; 2. Criminal; and 3 Civil.
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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

cal-icons2-201408-232In Tennessee and other States, children are at risk for serious injuries and even death anytime that they cross a street or are playing near a street.  Some children even get hit by a vehicle in a driveway or parking lot.

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By David Wolf, Attorney

School Bus CrashDuring the school year, millions of children are transported to and from school in yellow school buses and similar transportation.  Unfortunately for some of these children, a school bus accident results in serious personal injuries and even death.  Like other driving situations, a school bus driver has a duty of reasonable care while transporting children.  If a school bus driver is negligent, then a case or claim can be pursued against the school district, city, and / or county.   It should be noted that the notice requirements are different for public schools and there may be limitations or caps on the damages recoverable by a child when the child is injured due to the negligence of a public school bus driver.  Because of the complexity of these cases, it is important that a parent contact a Child Injury Lawyer for advice, counsel, and, when appropriate legal representation.
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Automobile Accident - Crash - Personal InjuriesWhen a child is injured as a result of a hit-and-run accident, the first and most important thing to do for the child is to obtain medical care and make sure that the child is stabilized care. It can be quite challenging for parents dealing with all the issues in the aftermath of a hit-and-run automobile accident. A number of questions come to mind including the following:
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Accident Report - UrgentStrange as it sounds, children enrolled in day care centers throughout the nation are at risk for personal injuries from cars, trucks, or motorcycles crashing into a day care center.  That’s right, there are news reports for this type of incident happening in day care centers in most states.  Many day care centers are located off of busy streets.  For some, automobile accidents are a common event.  It may be just a matter of time for some day care centers before a vehicle crashes into the facility.  Does the day care center have a duty to put up crash barriers in high traffic areas?  That is an excellent question.   When dealing with a day care center or any business liability issue for that matter, it is important to review the applicable laws, rules and regulations.  Furthermore, the liability of a day care center or a business is judged or evaluated on what is reasonable and practical under the circumstances.   For may crashes into day care centers, the incident or event is quite surprising to the day care owners, children, and parents.  Certainly, if there was negligent driving in the form of excessive speed, distracted driving, or failing to to obey traffic regulations, a case or claim can be pursued against the operator / driver of the car, trucking, or motorcycle.   Insurance can be a big problem these matters. Hopefully the at-fault driver obtained decent insurance that will cover medical bills, pain and suffering, and the damages related to the crash into the day care center.
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

NX_truck_rear_contnrThroughout Tennessee and other states, trucks, tractor trailers, and big rigs are common sites on the roads, highways, and expressways.   Certainly, big trucks are an important part of both intrastate and interstate commerce. Theres large commercial trucks also pose a significant risk of serious injuries and deaths to adults and children alike to the size disparity between these trucks and common personal vehicles / automobiles.   Because of this, it is important that commercial truck drivers are well trained, alert, and well rested.  Furthermore, excessive speed and daydreaming need to be avoided as well.  Finally, driver distractions should be limited and removed whenever possible.  Texting while any vehicle including but limited to a commercial truck is simply careless and can and does lead to serious accidents causing personal injuries and the deaths of others.