Articles Posted in Automobile Accidents

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Truck-Accident-Attorney-263x300On roads throughout the nation, there is a well known mismatch between vehicles. The mismatch pertains to the size of 18 wheel trucks and passenger vehicles. While big trucks are needed for transit and commerce, the presence of 18 wheel trucks present a big danger to most vehicles and/or people traveling the same roadways, expressways, and interstate highways. When there is an accident involving a truck that causes injuries, the victim and his or her family should seek out legal advice. Trucking companies and their drivers have attorneys and risk managers to help them through their legal issues therefore you should have an experienced attorney on your side as well.

These large truck-related accidents can cause a lot of stress and problems for injury victims who are not prepared with the information or knowledge of dealing with these kinds of cases. Semi-truck accidents have been increasing over the years with the highest peak being in 2017 where 145,000 people were injured. These injuries include brain trauma, multiple injuries, and fatalities. This can easily occur when large trucks rollover onto smaller vehicles causing significant damage to its victims. This is why the skill level of the commercial truck driver is important as an eighteen wheeler can be hard to adjust and control when speed, traffic conditions, and / or weather come into play.

Semi tractor trailer accidents can be caused by one or more factors including but not limited to the following:

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Bicycle-Helmet-Safety-300x275In communities throughout the United States, school aged children are riding bikes to schools, parks, and other destinations without wearing a helmet.  For some kids, helmets may be considered not so cool or somewhat of an inconvenience.  For parents, making a child wear a helmet is just another argument to avoid.  While there can be some hassles along the way, it important for children and adults alike to wear a helmet while riding a bicycle. It is just as important to wear a helmet during a short ride as it is for a longer ride.  An accident or crash can take place at any time and even as close as a child’s own neighborhood or driveway.

Recently in Kentucky, lawmakers have proposed a bill that would require children ages 12 and under to wear helmets. The senators behind the bill claim that they intend to protect children and make bike riding a safer activity for more people to enjoy. According to patient educators in Owensboro Kentucky, brain injuries are the most serious common injuries associated with biking accidents. The bill is also lenient in that it will give courtesy warnings to children and their parents on the first offense. The concept behind the bill is that enforcing helmet wearing on bikes at young ages will increase helmet wearing as children grow into adults.

Efforts such as those being made in Kentucky are occurring all over the united states as the protection against head trauma grows more serious a concern. According to the World Health organization, injuries to the head or neck are the main cause of death and disability in motorcycle and bicycle accidents. With many parents opting to let their child ride a bicycle from a young age it is imperative that one considers having their child wear a helmet. Almost 50 thousand bicyclists were hit by cars in 2013 and one of those accidents could be your child when you least expect it. With many children commuting to their school via bike, a conversation over the effectiveness of bike lanes, simple traffic rules, and the requirement of a helmet can significantly reduce the chance of a bad accident occurring.

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Crosswalk-Personal-Injuries-169x300In Utah and other States, children are the unfortunate victims of the negligent, distracted, and / or drunk drivers that cause serious personal injuries and in some cases wrongful death. Certainly, drivers should slow down in school zones, at bus stops, and at parks.  Drivers should also proceed with caution when a child is in or near a crosswalk or intersection.  Tragically, children continue to be the victims of careless drivers on a daily basis.  When a child is injured, a criminal case can be pursued against the negligent driver if the careless driver amounted to a crime in the form of DUI or other forms of reckless conduct.  Justice demands that action is taken in these cases.  There may also be a civil case pursued against the negligent driver. It should be noted that there are many practical consideration that come into play when an attorney reviews a potential civil case for potential legal representation.  One such consideration focuses on the availability of automobile insurance to cover the damages claimed by the injury victim and the family of the injury victim.  Here are the various types of insurance that may apply:
Personal Injury Protection.  In States in which insurance carriers offer such coverage, PIP can provide in most instances up to $10,000 for medical bills and wage losses.  PIP benefits are often paid from a parent’s automobile insurance policy.  For instance, if a child is hit by a negligent driver, the medical bills may still be processed under the PIP portion of the policy of the parent(s) of the child.  PIP can apply even though the parent’s vehicle was not involved in the crash.
Medical Payment Coverage.  This coverage works similar to PIP coverage.  The medical bills may be processed or paid by the insurance policy of the injured child’s parent.  If no such coverage applies, the Medical Payment and / or PIP benefits may be obtained from the at-fault driver’s policy.  This will depend on the insurance policy language as well as the insurance laws in place for the State where the incident / accident took place.
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Red-Light-108x300Traffic lights are placed at intersections for a specific purpose – to control traffic and make the roads a bit safer.  While traffic lights are clearly visible to drivers, there continue to be drivers who run a red light for a variety of reasons.  Some drivers misjudge the timing of a yellow light, while others are just in a hurry to get from Point A to Point B. Some drivers are distracted by their phones.  Whatever the reason, running a red light can have terrible consequences including but not limited to the death of innocent victims who were at the wrong time and wrong place.

One of these consequences could be getting pulled over by a police officer. However, the more serious and troubling danger is that running a red light could result in a car accident. Over 200,000 of the almost 6 million car accidents that occur in the United States each year are the result of rushed red lights; more than 800 of these accidents are fatal. Worse yet, the number of deaths caused by collisions due to red traffic lights in the United States have increased almost 30% since 2012. Researchers at the American Automobile Association found a 60% increase over a ten-year period in these kinds of accidents in Nevada. Given this substantial increase in the number of accidents, what are some actions one might take to keep from running a red light?

The first, and most important, step a driver can take is simply to pay attention while at the wheel. Mistakes often come while drivers are distracted, so putting the phone down and focusing on the road will significantly reduce the risk of accidentally running a red light. Of course, not all red light runs are accidental. Some drivers will intentionally rush through when to save some time. Those people just need to make a conscious effort to break their bad habit, because, if not, there is always the risk that they might harm themselves or others.

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School-Bus-Safety-300x126In Georgia and other states, there is a daily weekday routine that all drivers should be well aware of – children crossing the street prior to loading a school bus OR after unloading from a school bus. Most buses are a bright yellow color with stop signal arms and flashing lights. Despite the obvious visual presence of a school bus, school bus zones, street signage, and traffic signals, there are still pedestrian accidents and school bus accidents that cause serious injuries to children. Tragically, some children die as a result of these incidents.

A recent accident in Georgia demonstrates the unfortunate reality of these tragedies. News reports indicate that one child died and another child sustained serious injuries when a car hit them as they crossed a road to board their school bus. It was reported that the car hit the two brothers because the driver attempted to pass their idling school bus even though the school bus had its stop signs out.  It was reported that the driver had a suspended license.

Unfortunately, incidents of this nature occur all too frequently. According to statistics released by Stanford Children’s Hospital, twenty-four percent of all school bus injuries occur when students enter or exit a school bus. Additionally, the ten-foot radius around a school bus constitutes a “danger zone.” In the danger zone, children are two times more likely to die than they are likely to die in a traffic accident on the school bus. Thus, it is more dangerous for a child to be near a school bus than it is for them to ride a school bus. See Stanford Children’s Hospital – How Safe Is School Bus Travel. 

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In New York and other states, people wisely hire limousine and bus companies for parties, events, and celebrations. Rather than drink and then get behind the wheel of a vehicle, the safer way to travel is to have a professional, trained driver handle the transportation. However, at times, commercial drivers fail to pay attention to road conditions, traffic, traffic signals, and /or signage and end up being responsible and liable for a crash that injures and, in some instances, kills passengers. It is important for all drivers to remain alert, keep distractions to a minimum, and concentrate on the legal duties and responsibilities of operating a motor vehicle, van, bus, limousine, or other vehicle transporting passengers.

Nonetheless, even professional drivers get into accidents.

The recent tragedy in Schoharie, New York exemplifies this. It was reported that twenty people died when a limousine driver ran a stop sign and crashed into a parked car. All eighteen people in the limousine died, including the driver, as well as two pedestrians. This crash, dubbed the deadliest transportation accident in almost a decade, demonstrates just one of the many accidents involving commercial drivers in the past year.

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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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