Car Crashes

Acts of Negligence Resulting to Pedestrian Accidents

Posted by on Jun 3, 2015 in Car Crashes, Personal Injury | 0 comments

While the likelihood of a car driver or passenger getting severely injured in a motor vehicle accident (despite being protected by car’s body) is never isolated, how much more a pedestrian who has nothing to protect his/her body against the forceful impact of an approaching vehicle. This is why pedestrian accidents are either almost always fatal or resulting to severe injuries to the poor pedestrian.

Data from the National Highway Traffic Safety Administration’s Traffic Safety Fact Sheet show that of the 33,561 traffic fatalities in 2012, 4,743 were pedestrians; another 76,000 sustained injuries during the same year.

Anyone, at certain periods of the day, is a pedestrian. It can be a person running or jogging, someone just standing in any street corner, a hiker, or a person who decides to walk to a nearby grocery, to a friend’s house, to the office, or to simply spend some leisure time.

There are different factors that can put pedestrians’ lives at risk. Though majority of the incidences wherein pedestrians get injured or killed involve motor vehicles, there are also non-vehicular causes of pedestrian accidents. These are the poorly-maintained or defective sidewalks and parking lots, faded or lack of crosswalks (especially in rural areas), inadequately lit roads, and debris on walkways.

A personal injury lawyer in Massachusetts would probably note that most pedestrian accidents occur in rural areas at night, when many different factors that compromise pedestrian safety are at work, such as speeding drivers (which is common due to the very light traffic), unlit roads, unaccompanied elders and intoxicated drivers, pedestrians or both.

Both drivers and pedestrians are expected to observe and obey road safety rules as well as exercise reasonable care. While drivers are usually judged as the liable or negligent party in pedestrian accidents, when the case is brought to court, all elements are looked into and there have been instances when it was actually the pedestrian who acted carelessly and caused the accident.

Some of the factors considered by the court in determining acts of negligence include:

a. On the part of the driver:

  • Speeding
  • Failure to yield the right of way to pedestrians, even at crosswalks
  • Distracted driving
  • Driving while intoxicated by drugs or alcohol
  • Failure to signal, especially when about to make a turn
  • Disregarding traffic or weather conditions

On the part of the pedestrian:

  • Ignoring the “don’t walk” signal
  • Failure to cross at marked crosswalks
  • Entering and disrupting the flow of traffic
  • Darting in front of vehicles

Pedestrians, who get injured because of the negligence of some drivers or someone who never did a good job in maintaining and keeping roads, sidewalks or parking areas safe, may be able to recover damages for whatever injuries they suffer. Being represented by a knowledgeable and experienced personal injury lawyer or pedestrian accident lawyer, however, would be a necessity in a civil lawsuit as the really liable party will definitely do everything to disprove his/her accountability.

Read More

Penalties for Reckless Driving in Texas

Posted by on Mar 8, 2015 in Car Crashes | 0 comments

Vehicle crashes and other road accidents are a serious problem in Texas. As data from the Texas Department of Transportation shows, such accidents are still a growing cause for concern. Based on all reported cases from the year 2013, it was estimated that 1 person is injured in a car crash every 2 hours and that 1 reportable accident happens every 71 seconds. Strict implementation of policies and regulations ensures that these occurrences are completely avoided.

Reckless driving is one of the most common causes of such accidents. Reckless driving is a misdemeanor in the state of Texas. It is defined in the Transportation Code as a driver’s “willful or wanton disregard for the safety of persons or property.” Examples of reckless driving include driving over the speed limit, failing to signal or yield to other vehicles, and ignoring crucial traffic signs. Drivers may also be charged with reckless driving if their vehicles aren’t properly maintained, leading to faulty breaks. With such a broad definition, officers may often make reckless driving arrests based on several other possible scenarios.

Because of its status as a misdemeanor, a reckless driving charge can lead to significant penalties. Depending on the circumstances of the violation, reckless driving is punishable by a fine of up to $200, incarceration for up to 30 days in county jail, or a combination of both penalties. While these penalties may seem less severe compared to other traffic law violations, a reckless driving charge could still have substantial effect on an individual’s reputation and livelihood. It’s important to note that this isn’t something that can easily be shrugged off.

There’s no doubt that the strict implementation of policies and regulations can do a lot to keep the roads of Texas safe. However, broad definitions for certain violations may lead to arrests and charges that aren’t completely founded. If you have been charged with reckless driving, it’s important to seek legal counsel and learn about your options immediately. Click here to learn more about how you can consult with an experienced criminal defense lawyer.

Read More

Trouble with the Curve and Rollovers

Posted by on Feb 5, 2015 in Car Crashes, Personal Injury | 0 comments

Two people were killed in Texas when the vehicle they were in hit the guardrail and rolled over, ejecting both occupants, killing the driver instantly and seriously injuring the female passenger. The passenger died of her injuries in the hospital. Police at the scene speculate that the driver was speeding as he took the curve, and he lost control of the vehicle. Alcohol impairment was not reported. It was fortunate that no other vehicle was involved in the accident.

Speeding is one of the most common causes of car accidents, and vehicles that have a tendency to rollover are more likely to go into a tripped one when going at high speeds. According to the National Highway Traffic Safety and Administration, speed-related crashes in 2011 (the latest figures available) resulted in 9,944 deaths, or 31% of all vehicle-crash fatalities in the US. Alcohol plays a significant role in speed-related accidents; about 42% of fatal speed-related accidents involved alcohol.

While speeding is definitely a factor in causing serious car accidents, it should also be noted that in many cases death occurs not as a result of speeding but from injuries sustained when the vehicle rolls over. Some vehicles are more likely to rollover than others. The ones with a more present risk usually cost more money to insure, according to indications made on Habush Habush & Rottier S.C.®.

The lucky ones are those that survive a serious rollover accident with nothing more than minor injuries, shaken nerves, and a totaled vehicle, but as pointed out on the website of Habush Habush & Rottier S.C.® some injuries may not be immediately apparent without thorough testing. If you are involved in a car accident, always have a thorough check up to rule out hidden injuries.

If you are seriously injured because your vehicle rolled over or another driver was speeding, you could get compensation. Contact a car accident lawyer in your state to find out what legal options are open to you.

Read More

Minivan Accidents usually involve Children

Posted by on Feb 2, 2015 in Car Crashes, Personal Injury | 0 comments

Minivans are sometimes called “mommy” cars because it is usually used as a family car. This may be the reason that child injuries usually result when a minivan is involved in a collision with another vehicle such as a pickup truck. It could also be because some popular minivans perform poorly in crash tests.

According to the Insurance Institute for Highway Safety, the seat design of certain models of pickup trucks, minivans and SUVs provide poor head restraint to the vehicle occupants, resulting neck injuries even from the mildest of rear collisions. Rear-end collisions are common in commuter traffic, and neck injuries resulting from such incidents costs $8.5 billion a year in medical insurance claims. Vehicles that rated low in the crash test had seats that did not keep the head and torso moving together, the best way to avoid neck injuries in a rear-end collision.

This is disturbing news, especially for owners of minivans that routinely bring their children around in a vehicle that does not give them adequate protection. No matter how carefully you drive, it only takes one impatient driver behind you to make a minor error in judgement to result in injury to your child.

It is difficult to imagine how serious the injuries a child will sustain if the collision is caused by a speeding vehicle. As discussed on the website of Ravid and Associates, children are much more vulnerable to injuries than adults. Such injuries can have long-term repercussions on the health and physical development of the child. Vehicle owners need to be informed about the possible defect in their vehicles and the problem addressed as soon as possible by vehicle manufacturers.

If your child suffered serious injuries because of a defect in the car or the negligence of another driver, you may be able to get compensation. Consult with a personal injury lawyer in your state to know what kind of lawsuit would be appropriate for your case.

Read More