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What Is Crashworthiness and How Does It Relate to Auto Accidents?

September 25, 2009 @ 06:15 PM — by admin
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Serious car accident injuries include head trauma, spinal cord injuries and death.  The most common injuries sustained in car accidents are related to the head, neck and back.  In a severe car accident, these injuries are much more debilitating, causing injured parties to seek damages through the court system.  During a car accident lawsuit, the accident lawyers will not only look at the cause of the accident and the damages sustained, but also the crashworthiness of the vehicle. Laws that determine vehicle safety are in place and must be followed by car manufacturers.  Crashworthiness is related to vehicle safety and determines the amount of damage that a car can sustain while not injuring the occupants.  All cars should be tested for crashworthiness before they roll off the assembly line and are delivered to the public.  If a vehicle crumbles like a piece of tin during a rollover accident, or explodes upon impact, then the car maker may be liable for any accident injuries or death that occurs if the vehicle is involved in a car accident. In order for crashworthiness to be determined, there usually has to be substantial accident injuries to the parties involved.  Accident injuries are often referred to as damages and can impede someone for the rest of their lives.  This is especially true of the common accident injuries that affect the head, neck and back.  Anyone who is involved in a serious car accident, or has a loved one who was involved in an auto accident in which the vehicle exploded or did not display any crashworthiness, should seek out the advice of an accident attorney who has experience with auto maker liability.   In some cases, the auto maker will be named as a co-defendant in a lawsuit for damages.  In other cases, auto accident lawyers may seek a special suit against the auto maker separate from other causes. Cars today must be equipped with safety features such as seat belts and airbags that work.  They should be able to sustain a certain amount of damage in an auto accident without causing serious accident injuries to those in the car.  A vehicle that cannot sustain any damage or is defective in this area is deemed to have a low crashworthiness rating and may cause an auto maker liability in the event of a serious auto accident that results in serious permanent injury or wrongful death. A good accident attorney will be able to ascertain whether or not crashworthiness plays a factor in any car accident lawsuit.

Are Trucking Companies Liable for Big Rig Accidents?

August 20, 2009 @ 06:11 PM — by admin
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A truck accident lawsuit is one that occurs because of an accident in which someone was injured as a result of negligence on behalf of the truck driver or company.  Many truck accidents are the result of truck drivers not getting enough sleep and working double shifts.  A truck driver who falls asleep at the wheel is often the cause of many truck driving accidents.  When this occurs and the truck collides with a car, the results are usually serious injuries or fatalities. There are truck driving laws that are designed to prevent truck accidents.  These laws regulate how long a driver can work while driving a truck as well as how often a truck has to be maintained.  Another common cause of truck accidents is poor maintenance of the vehicle.  This does not account for as many truck driving accidents as driver negligence, but it is the second most common cause of such devastating accidents. If the truck driving company is found to ignore the laws regarding how long their drivers can work and how far they can go without sleep, they can be brought in as a co-defendant in a truck accident lawsuit.  A truck accident lawyer will be able to determine whether or not the trucking company has any liability in the accident.  Most truck accident lawyers will include the truck driving company in the lawsuit to cover all bases.  As most truck accident lawsuits settle out of court, this may end up meaning more damages for the injured party involved in a truck accident. If the truck accident lawyer can prove the trucking company knowingly broke the law that resulted in the truck accident, they can seek punitive damages from the company in addition to civil damages.  A truck accident lawyer, who is well versed in trucking laws of the state, as well as interstate commerce laws, will be able to decide whether or not to include the trucking company as party to a truck accident lawsuit.

What You Need to Know about Automotive Defect Lawsuits

June 08, 2009 @ 08:13 PM — by admin
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Automobiles are a normal part of Americans’ daily lives. We drive them, eat in them, and sometimes people even sleep in them. With so much dependence put on the automobile, is it no wonder that things can go wrong? One of the biggest things that can go wrong is a car accident. Accidents can be the result of driver error or poor road conditions. An even more dangerous cause of car accidents is an automobile defect. Automakers work hard to design their vehicles to safely withstand accidents. However, in recent years defective automobile parts and tires have been responsible for more and more accidents. Many of these accidents have caused injuries to drivers and passengers or even wrongful death. Some of these defective parts include: roof crush defects, seatbelt defects, window defects, tire defects, wheel defects, air bag defects, fuel tank defects, and general crashworthiness defects. Each state allows for victims of automotive defect accidents to seek compensation through an automotive defect lawsuit. These cases fall under the broader legal umbrella of product liability. If you have been in an accident that you feel may have been caused by an automobile part defect, it is best to contact an experienced automotive defect lawsuit attorney. Although most automotive defect lawsuits are a result of accidents caused by defective parts, there is another reason to file an automotive defect lawsuit. If your car is often broken down to the point that it seems defective, it may be covered by your state’s lemon law. There are a variety of mechanical problems that are covered by lemon laws. These include: engine problems, issues with water leaks, transmission troubles, paint issues, electrical troubles, brake problems, steering issues, vibrations and rattles, and bad smells. If your car has been fixed four times for any of the problems stated above and the issue is still not resolved, the car is considered a lemon. An automotive defect attorney can help you navigate the process of filing a lemon law lawsuit. An attorney experienced in the nuances of this type of law will better be able to assist in your case. You may be compensated by the automobile manufacturer for the cost of repairs or the price of the car.

About Whiplash Injuries in Auto Accidents

April 18, 2009 @ 04:07 PM — by admin
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You have probably heard about whiplash and wondered what it is.  Whiplash injuries can result from the head and neck moving back and forth very quickly and are often the result of auto accidents.  Auto accidents in which the injured party is hit in the rear most often result in accident whiplash.  This may not be pronounced at first, but will gradually start to make its mark on the injured party a few days after the accident. Whiplash injuries do not usually present at the time of the accident.  Someone involved in an auto accident in which whiplash occurs often does not even know that anything is wrong.  They may not feel any pain in their back, neck or shoulders after the auto accident.  A few days later, however, they will start to feel the results of the accident injuries as the whiplash becomes apparent.  The accident whiplash will usually present as a stiffness in the neck that is followed by pain when moving the neck.  Whiplash can also travel down the neck to the shoulders.  This can cause great pain to the person who suffers from these types of accident injuries. Whiplash can result in chronic pain in the neck and back.  This is why it is so important that anyone who is involved in auto accidents not sign any papers by another insurance company that absolves the other party from liability after an auto accident.  If you have been involved in an auto accident, it is a good idea to check with an accident attorney before you sign any papers, especially those that offer a settlement or absolve someone else from damages.  Although your damages may not be present at the time of the accident, if you suffer from whiplash due to a car accident, you are entitled to seek damages.  Accident lawyers will advise you of your rights. Many insurance companies will pressure you to sign a settlement statement or to sign a statement that absolves their client from any wrongdoing in the case of car accidents.  Before signing anything, even with your own insurance company, you should speak to an accident attorney who is well versed in personal injury law.

When Buckling Up Doesn't Work – Defective Seatbelt Lawsuits

February 04, 2009 @ 08:25 PM — by admin
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With the exception of New Hampshire, all states and the District of Columbia have seatbelt laws requiring the use of a seatbelt for adults. Although New Hampshire does not have an adult seatbelt law, it does have a primary child passenger safety law that covers children under 18. These laws exist because many studies have found that proper seatbelt use can reduce the number of deaths and serious injuries from motor vehicle accidents. But what happens when you follow the law and use your seatbelt, but it does not work properly? Unfortunately, in many accidents a malfunctioning seatbelt can lead to more severe injuries and sometimes even wrongful death.

Common Seatbelt Defects

Sometimes injured parties may wonder if their seatbelt was defective or if the level of injuries sustained were simply the result of the magnitude of the car or truck accident. Some common seatbelt defects include:
  • False latching (Belt does not actually latch even though a click is heard.)
  • Inertial unlatching (The impact from the crash unlatches the seatbelt.)
  • Webbing flaws (The material of the seatbelt is weak, causing rips or tears of fabric.)
  • Excessive seatbelt slack (Seatbelt does not properly retract.)
  • Door-mounted seatbelts (Opening of the door during crash could cause seatbelt to disengage.)
  • Vehicle system failures (Seatbelt does not properly lock when brakes applied or otherwise does not function properly with rest of car's systems.)

When to Suspect Seatbelt Failure

Although it may be difficult to determine this without an expert or some type of investigation, the effectiveness and crashworthiness of the seatbelt should be verified.
  • Possible signs that a seatbelt may have been defective include:
  • Inconsistent magnitude of injuries among belted occupants.
  • An injured vehicle occupant is found with a loose-fitting seatbelt.
  • A belted driver or passenger in the vehicle makes contact with the windshield.
  • Despite limited structural damage to the vehicle, a belted occupant sustains serious injuries, including massive head trauma.
  • Belted occupants receive serious injuries from a minor or moderate vehicle collision.
  • The seatbelt is ripped or it is pulled loose from its anchors.
If you or a loved one has suffered serious injuries although you were wearing a seatbelt during an accident and if you notice any of the above signs, you should discuss these facts with your personal injury attorney as soon as possible. Separate from any personal injury lawsuit that may be filed against negligent drivers involved, the above signs may indicate that you have the basis of a product liability lawsuit.

Pain Management for Neck Injuries

December 18, 2008 @ 05:30 PM — by admin
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Neck injuries are very common, affecting millions of Americans of all ages every year. The causes of these injuries can range from traumatic injury (especially from car and truck accidents) to repetitive stress and strains. Muscles spasms, fractures, whiplash, and muscle strain can all lead to considerable pain and impairment. In order to cope with the symptoms of neck injuries, it is important for patients to have access to the appropriate pain management. By adequately managing pain, people affected by neck injuries can continue to lead full lives.

Acute Pain Treatment

Whether from a car accident, a trucking accident, a drunk driving accident, or any other type of accident, immediately after a neck injury, doctors will treat the acute pain that the injury causes. These methods might include providing injections to relieve pain, minimize swelling and reduce inflammation. Doctors may also prescribe medications for patients to take on a daily basis. The pain management medications can range from anti-inflammatory drugs to narcotic pain relievers. In order to achieve the best results and avoid dangerous side effects, patients should always discuss the effects and symptoms of their prescribed treatment regimen. At this initial stage, patients should also learn what about their legal rights after a motor vehicle accident, especially since the pain from whiplash and other neck injuries may linger beyond the initial treatment.

Long-Term Pain Treatment

In addition to prescription pain relievers, doctors may recommend physical therapy and other techniques to increase neck strength and flexibility. These strategies can help the healing process and minimize pain. This phase is important to the recovery process and can play an important role in how much pain the patient will continue to experience in the future.

Pain Treatment Maintenance

After a neck injury has healed, it is important to assess how much pain the patient continues to experience. Many people may have recovered almost entirely and experience little or no pain. Other individuals will continue to experience chronic pain for many years. In order to help the patient minimize pain as much as possible, it is important to develop a maintenance plan that provides maximum results. This type of pain management approach might combine prescription drugs, neck support, prevention techniques and physical therapy to help improve patient functioning.

Protect Yourself by Seeking Legal Assistance

It is not always possible to avoid a car or truck accident, but it is important to know what to do after an auto accident. You may think that your initial pain is not worth pursuing a lawsuit, but don't just take an insurance settlement without first speaking with an experienced auto and truck accident lawyer. Our Missouri personal injury attorneys are highly skilled in handling all types of motor vehicle accident litigation, including those involving whiplash and other soft tissue injuries.

Causes of Motorcycle Accidents

November 13, 2008 @ 12:17 AM — by admin
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Any auto accident has the potential to result in injury, but accidents involving motorcycles are even more likely to have devastating consequences. This is because motorcycles, by design, offer less protection than other motor vehicles. Even with motorcycle helmet laws in place, motorcycle riders are particularly vulnerable to injury or death in the event of an accident. According to the National Highway Traffic Safety Administration (NHTSA), 5,154 motorcyclists were killed in auto accidents in 2007, more than double the number that had been killed just ten years earlier. By far, the most common cause of motorcycle accidents is collisions with passenger motor vehicles, accounting for approximately three-fourths of all motorcycle accidents, according to a study conducted by Harry Hurt at the University of Southern California and funded by the NHTSA. In the majority of these collisions, the operator of the passenger vehicle was at fault; in most cases, the at-fault driver either failed to see the motorcycle or saw the motorcycle only after a collision was unavoidable. Often, these drivers would hit a motorcycle at an intersection while trying to navigate a turn or while changing lanes. Although adverse weather conditions and flaws in roadways are also contributors to motorcycle accidents, these causes are far rarer than collisions with passenger vehicles. In addition to wearing a helmet and other protective wear, motorcyclists can help to avoid accidents by using their headlight to increase their visibility, even during daylight hours. Motorcyclists should also engage in extreme caution when legally "lane splitting"; that is, sharing a lane with extremely slow-moving traffic in order to pass this traffic. In the unfortunate event that a motorcyclist is injured due to the inattention or recklessness of other motorists, his or her best option is to contact a personal injury lawyer with experience in handling motorcycle accident cases to learn more about his or her legal rights. If the at-fault driver is found to be negligent, the victim may be able to recover compensation for medical bills, lost wages, and other losses and expenses related to the accident.