Category: Personal Injury

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Where do Most Car Accidents Occur?

Posted by Injury Attorney on
Whether you own a vehicle or take a bus or train to commute, you may already know car accidents are quite common, and in some situations, unavoidable. Strictly following traffic rules and laws, making repairs, and getting regular inspections are great ways of mitigating the risk of accidents. But not all of us are responsible when it comes to car maintenance and driving on the road. In a majority of the cases in the United States, there is a negligent driver involved in the accident whose carelessness resulted in a collision as a car accident lawyer Delray Beach FL relies on can attest.
If you are wondering where most of such collisions take place, you will be surprised to learn about the following three common areas:

1.    Near Home
Neighborhoods are the most common areas where a car accident is likely to happen. According to a survey performed by an insurance company, more than 50 percent of car accidents happen within five miles of a driver’s house.
It is easy for a driver to become relaxed when they are off the busy freeway and nearing their home, getting a false sense of security. During this time, they are likely to be easily distracted and crash into a car while turning or pulling out from a driveway. Typical neighborhood collisions include sideswiping a car to avoid hitting pedestrians or bicyclists, crashing into parked cars or trees, and backing out of a driveway.

2.    Parking Lots
The second most common location for car accidents is a parking lot. This type of accidents often happens when two cars are parked back to back and the drivers back out their cars out at the same time. It may also occur when two drivers are backing out from adjacent spots, but in the opposite direction, resulting in a collision. When a parking lot is densely packed or too small, drivers of larger vehicles may find it difficult to maneuver around tight corners, increasing the risk of swiping the side of another car.
However, since collisions usually happen at a slow speed, there may be only minor or no damage or injury to the vehicles or drivers/pedestrians.

3.    Metropolitan Areas
Big cities are the third most likely area where the risk of an accident is high. Traffic signals often encourage drivers to relax and take their eyes off the road, eat and drink, spend time on smartphones, and even doze off while driving. Many drivers use traffic jams as an opportunity to multitask, such as check emails or social media notifications, reply to text messages, engage in personal grooming, and even reading a newspaper. Because of such distractions, pedestrian accidents, collisions, and fender benders often take place.
Vehicle accidents occur every single day – most of them are minor where no one is harmed, while others are serious, resulting in serious injuries and even death. It is important that drivers stay alert at all times during their commute and abide by all traffic laws to ensure no gets hurt because of their carelessness or negligence.
Logo-EHLThanks to our friends and contributors from Law Office of Eric H. Luckman, P.A. for their insight into car accident cases.
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5 Common Knee Injuries in Personal Injury Cases

Posted by Injury Attorney on

The knee is one of the most complex joints in the human body — and it’s also very often the location of an injury. Our knees are responsible for bearing a great deal of our weight while having a fairly small range of motion (much smaller than the shoulder joint, for example). If you’ve suffered injuries from an accident, you might be facing a knee injury. Here are just a few of the more common types of knee injuries that are often tied to personal injury claims:

 

  1. Tendon Tears and Ruptures

As a chiropractor can explain, there are two primary tendons around the knee that can be injured: the patellar tendon, which connects to the upper tibia, and the quadriceps tendon, which attaches to the quadriceps muscle. These two tendons can tear very easily and surgery may be necessary.

 

  1. Fractures

When there is a fracture in the knee, it most often affects the kneecap or patella. Other knee-related fractures may involve the tibia, fibula, and femur bones. Motor vehicle accidents and falls are two common causes of knee fractures; both of these accidents can put substantial stress on the front of the knee.

Fractures of the patella, which are much more common, are grouped into four categories: stable, displaced, comminuted, and open.

  • Stable fractures The bone sections on either side of the fracture are not displaced. This type of patellar fracture usually heals with rest and immobilization.
  • Displaced fractures The bone sections are no longer in alignment, and there may be a considerable gap between the fractured pieces. These injuries usually require surgery to repair and there may be associated tendon and/or ligament damage.
  • Comminuted fractures These occur when the patella is broken into 3 or more pieces. These fractures are unstable and always requires surgery.
  • Open fractures Also known as compound fractures, they involve exposure of the bone fragments through breaks in the skin. Open fractures will always require surgery and often lead to instability of the knee well after healing is complete.
  1. Meniscal Injuries

In between the femur and tibia bones are wedge-shaped bands of tissue called meniscus cartilage. These fibrous tissues are often called “shock absorbers” and they play a crucial role in allowing the knee joint to move freely. A tear in the meniscus can be either partial or complete; partial tears may heal with splinting, but complete tears may require surgery.

 

 

  1. Collateral Ligament Injuries

The collateral ligaments lie on either side of the knee, with the medial collaterals lying along the inside of the joint and the lateral collaterals along the outside of the joint. These injuries are usually caused by direct contact force applied to the lateral (outside) aspect of the knee during athletics, but are also common in motor vehicle/pedestrian accidents. In the latter type of trauma, there are usually fractures associated with the ligament injuries and recovery can take several months.

  1. Posterior Cruciate Ligament (PCL) Injuries

The posterior cruciate (“cross-shaped”) ligament lies at the back of the knee and helps connect the tibia and femur. It also is most commonly injured in motor vehicle accidents or falls that involve a twisting movement. PCL injuries are usually incomplete tears that respond well to rest and immobilization in a cast or splint.

 

If you’ve been injured because of someone else’s negligence or wrongdoing, you may be entitled to compensation. Knee injuries can range from mild to severe — but even small knee injuries can require substantial medical treatment. Financial compensation could help you pay for the diagnosis, treatment, and ongoing medical care that you may need. For more information, contact a personal injury lawyer today.

Thanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into knee injuries common to personal injury claims.

Abused in an Assisted Living Home: Do I have a Claim?

Posted by Injury Attorney on

Assisted living facilities are a wonderful option for family members who want their independence but still need the everyday care provided by those who work in an assisted living facility. In addition, not everyone who ages has family able to take them in and care for them throughout the day, and not everyone who is aging wants to live with their kids and grandkids.

Assisted living facilities can provide residents with:

  • The ability to care for themselves throughout the day
  • Interact with others also living in the same location
  • Enjoy activities provided by the facility.

These facilities allow for independence while also helping residents get to and from appointments and care for themselves when needed. Unfortunately, there is still a presence of abuse in these facilities.

The Risks of Assisted Living Facilities

Assisted living abuse is not a victimless crime, and it’s not one you want to learn your loved one is experiencing. No one wants to think that their elderly relatives and loved ones are being abused in their homes, but it happens.

Assisted Living Abuse

It’s difficult to think about this, but it happens. Assisted living residents might experience physical abuse from those who work in the facility, and they’re afraid to report it. This could be the typical type of abuse people hear about, but it can also occur when someone is restrained using excessive force. Anyone who experiences emotional or verbal abuse from those who work for the assisted living facility are being psychologically abused. Here are the most common forms of abuse:

  • Physical abuse
  • Sexual abuse
  • Psychological abuse
  • Neglect
  • Financial abuse

Neglect Cases

Neglect often occurs when there’s not enough people on staff to care for the residents. This can result in residents to:

  • Lack proper medication or doses.
  • Not be fed a healthy and balanced diet.
  • Suffer from dehydration.
  • Suffer from bed sores, rashes, and other issues due to a lack of clean facilities and staff.
  • Some facilities financially abuse their residents by forcing them to pay too much for their care, or by taking their money from them and limiting what they’re able to purchase. They may also outright steal from the resident.

What Are Your Legal Options?

A qualified attorney can help you stop the abuse of your loved one at an assisted living facility. If you recognize the signs of possible abuse, a Las Vegas personal injury lawyer can help you pursue justice.

Recognize the Signs of Possible Abuse

Signs might include:

  • Unexplained bodily damage or harm
  • Unsanitary living conditions
  • Depression or withdrawing from interactions with others, including close family members.

If you have noticed these symptoms, it’s imperative you speak to your loved one. Ask what they may be feeling or experiencing, but don’t be surprised if your loved one is afraid to tell you. They may not want you to worry or they may have been threatened that if they tell, they will be punished.

Contact an Little Rock Personal Injury Attorney for Help

Call an attorney to discuss your concerns. They can help you determine if abuse is actually occurring. An attorney can launch an investigation, collect evidence, and seek the opinions of professionals in the medical field. Ultimately, if your loved one has been abused, an attorney can help your family seek compensation for that abuse and get them the emotional and physical treatment they need to help them heal.

Driving Away from Car Accidents

Posted by Injury Attorney on

 

Driving away from the scene of a car accident is a crime, no matter the circumstances. Being in an accident can be scary, and the knee jerk reaction can easily be to drive away and avoid getting into any trouble. However, if you drive away from an accident you can find yourself stuck in a world of legal issues that can result in the loss of your license or even jail time.

The law differentiates between driving away after hitting a parked car and driving away after hitting a moving car. When you strike an unattended vehicle, you have a duty to attempt to contact the owner of the vehicle. This can be done by simply leaving your name, phone number, address, and insurance information in a note on the car before leaving. Be sure to take a picture of this note in the event that you may later need to prove that you left it. Failure to make an attempt to contact the owner of the vehicle can result in being charged with a misdemeanor and risks your license.

Leaving the scene of an accident involving an operated car or a person is a much more serious crime. When you are involved in a car accident, you have a legal obligation to stop and ensure that everyone involved has not sustained major injuries and to call an ambulance if necessary. You are also required to call the police and give your name and insurance information to others involved in the accident. If you fail to stop and instead leave the scene of an accident which results in serious injuries or death, you can be found guilty of a felony and sent to prison.

If you have been hit by a driver who has fled the scene, try to get as much information as you can about the driver’s car. If possible, take pictures and write down the car’s license plate number. As soon as you can, contact the police and give this information to them.

Though fleeing the accident may seem like an easy way to avoid getting in trouble, doing so risks your driver’s license and your freedom, as well as puts the lives of those who you leave behind at risk. The best thing to do is always to stop and talk to the other people involved and call the police. If you have been in an accident and did not stay as required by law, you should contact an experienced car accident attorney Dekalb County GA relies on to ensure that you fully understand your rights moving forward.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into driving away from the scene of an accident.

Before You Sign a Waiver – Here’s What You Need to Know

Posted by Injury Attorney on

From zipline adventures to rides on a hay wagon, it seems like every activity comes with a waiver. Over 15 million civil lawsuits are filed each year, as a skilled personal injury lawyer Phoenix AZ trusts might explain. Waivers are designed, usually by insurance companies, to prevent people who engage in dangerous or recreational activities from suing the companies in charge in case something goes wrong.

Should you always sign a waiver? You should definitely think about it. According to the American Academy of Pediatrics, 3.5 million children under the age of 14 are injured every year in sports or recreational activities. Whether you are sending your child to camp, signing up for a new fitness center, or renting a paddleboard at the beach, it seems that a waiver signing has to happen first. But just what rights are you signing away? If the treadmill malfunctions and you fly off and break your leg, do you have any rights against the fitness center, or have you signed them all away? If your child isn’t properly supervised at camp and suffers an injury, are you still protected?

Before you sign a waiver, be sure to:

1. Read the waiver. It’s easier to just sign quickly and move on, but it may not be wise to if you don’t really know what you are signing. If there is something you don’t understand in the waiver, ask.

2. Make sure you can still sue the company if there is gross negligence. All waivers are designed to protect the company from accidents, especially if they are unpreventable. For example, if your child jumps off the table in the camp cafeteria and hurts his ankle, this is likely not the camp’s fault. However, if a camp counselor tells your child to stand on a table, and then the table breaks resulting in an injury to your child’s ankle, that could be.

3. Know the difference between gross negligence and ordinary negligence. Gross negligence occurs when an injury is caused by a piece of equipment that was reported to be malfunctioning. If the equipment was not taken out of service or fixed, this is gross negligence. Ordinary negligence is the failure to act as a “reasonably prudent professional” would act under the circumstances. If the camp counselor at your child’s camp tells your child to use a canoe that has a hole in it, but the counselor didn’t know about the hole, this is ordinary negligence.

4. Trust your instincts. Do not sign a waiver if something seems “off” about the company or the activity. Do a little research first. The internet is a good source of reviews and articles on many companies. If someone else has had a bad experience — or a good one — at a place you are considering visiting, it’s likely they have posted about it to social media, Yelp, or other websites.

When you sign a waiver, you are usually agreeing to “hold harmless” the company involved. This does not, however, mean that you can never recover damages. If you have been injured, an attorney may be able to get you the compensation you deserve. If the company is at fault and guilty of gross negligence, you may still have a case against them, waiver or not.

Alex and Saavedra Law OfficesThanks to our friends and contributor from Alex & Saavedra, P.C for their insight into signing waivers.