Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up

The 2012 death of Apollo 11 astronaut Neil Armstrong shocked the nation. Although he was 82 years old, early news reports indicated he was recovering well after heart surgery. His death a few weeks later from complications caused an outpouring of support and tributes to the first man on the moon.
This month?s 50th anniversary of the moon landing has led to renewed tributes. It also brought news that the Armstrong family secretly negotiated a $6 million wrongful death settlement with the Cincinnati hospital caring for Armstrong at the time of his death.
Armstrong died after temporary wires for a pacemaker were removed, causing him to bleed internally. The family alleges that Armstrong underwent heart bypass surgery prematurely (thus the need for the temporary pacemaker), and that he received incompetent care after he began to bleed internally.
Know How to Speak Up
Armstrong?s family likely leveraged the hospital?s fear of being known as the facility responsible for the death of an American icon for a large settlement. And in his case, doctors may have indeed needed to act quickly to attempt to save his life.
Still, the episode provides valuable learning opportunities for others.
In many medical malpractice cases, or just stories about people receiving poor medical care, patients say that the doctor and nurses would not listen to them. Research shows that people are often scared speak up to doctors and nurses, essentially because they do not want to offend the experts.
It is important to remember, though, that you are your own best advocate. As a patient, you have the right to:

Seek a second opinion
Ask questions about potential complications of treatment
Discuss multiple options for treatment
Withhold your consent to undergo a procedure or treatment

Look Out for Older Relatives
It?s hard to envision Neil Armstrong being unable to speak up for himself. But many elderly patients experience this. Think of elderly relatives in your own life who ?don?t want to be a bother.? One thing patients also have the right to do is designate a loved one to speak on their behalf.
If you have aging parents, grandparents, or other loved ones, now may be the time to start to have that conversation with them about their wishes for different types of treatment they may want to receive. A confident advocate who can speak up for a patient may be able to provide a doctor with crucial information that can help prevent mistakes or malpractice. It is one seemingly small step that could make a giant difference in someone?s life.

The post Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up  appeared first on Rutberg Breslow Personal Injury Law.

Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up 

Cities Attempt to Strike a Balance on Electric Scooters

The recent death of a popular British YouTube personality in an electric scooter accident has prompted renewed calls for tighter regulation of the personal transport devices.
Actress Emily Hartridge, 35-year-old host of the YouTube comedy video series, ?Ten Reasons Why,? was killed July 12 when the scooter she was riding collided with a bus in a London roundabout. Well before that tragedy, e-scooters had been drawing increasing ire as an unregulated public nuisance, but Hartridge?s death drew attention to a more serious impact: the threat they are posing to life and limb.
The evidence of injuries and deaths has been mounting. In April, a study by the Austin Public Health Department found that e-scooters were responsible for 190 injuries ? 48 percent of them head injuries ? in that Texas city during a three-month period last year.
Studies in other cities have produced similar findings. In January, the Journal of the American Medical Association reported on one that was conducted at two Los Angeles hospital emergency rooms over a one-year span. The study identified 249 scooter-related injuries, 228 of them to riders. Forty percent were head injuries and nearly a third were fractures. Only 4.4% of the patients were wearing helmets while riding.
A Promising Transportation Option
Despite all the negatives, however, even critics admit that e-scooters offer a cheap, clean transportation option that can help reduce traffic congestion. Seeking to strike a balance between public safety and enhanced transportation, many cities and states are passing laws and ordinances that are attempting to provide some order to the disorder:

In March, the Boston City Council passed an ordinance creating a licensing system for e-scooter companies. It sets a cap on the number of licenses, the number of scooters, and requires the additions of brake lights and turn signals on the scooters. It also requires vendors to develop a safety plan to communicate to riders.
An ordinance passed by the Atlanta City Council in January prohibits use of e-scooters on sidewalks, as well as cell-phone use by riders.
On July 16, San Francisco?s Municipal Transportation Agency ended a pilot program and allowed e-scooter companies to apply for annual permits. San Francisco?s regulations limit the areas where e-scooters can be used and provide preferential treatment for e-scooter companies that provide helmets.
On June 15, Chicago became one of the last major American cities to allow e-scooters when it launched a four-month pilot program that prohibits their use in the downtown Loop.
Seattle still bans e-scooters, but the mayor and city council now support a pilot program scheduled to begin later this year.
In April, the Sacramento City Council passed an e-scooter ordinance that aspires to limit e-scooter ?littering? by requiring that they be parked next to bike racks.

Meanwhile, the SAE Industry Technologies Consortia, an organization that includes governmental and private-sector partners, has launched an effort to assist local governments in developing best standards for developing e-scooter regulations. The group encourages the use of technological tools to enhance safety, including the use of ?geofencing,? which automatically reduces scooter speeds in certain geographic areas.
Cities and Users Have a Responsibility
Our cities are too often congested by too many automobiles, so e-scooters provide a great new option for people to get from Point A to Point B quickly, cheaply, and cleanly. But their introduction into the transportation mix also introduces risks to users and pedestrians alike.
In April, the National Association of City Transportation Officials reported that Americans took 84 million trips on shared scooters and bikes last year?more than twice as many as the previous year. The organization?s executive director, Corinne Kisner, said that, as a result, cities are in a position to determine a future that is best for users and pedestrians alike.
?Cities are proactively thinking about how to harness the incredible potential of these shared services in the public right-of-way,? she said. ?As stewards of the public realm, it is vital that cities retain authority over their streets.?
You might be an e-scooter user who loves the convenience. And you might be the kind of pedestrian who finds their presence annoying. Whichever the case, it?s important to recognize that you?ll need to give some ground as cities develop plans to keep the peace and keep people safe.

The post Cities Attempt to Strike a Balance on Electric Scooters  appeared first on Rutberg Breslow Personal Injury Law.

Cities Attempt to Strike a Balance on Electric Scooters 

Another Study, Another Piece of Bad News for E-Cig Users

Experiment by experiment, study by study, the shine of vaping as a safer alternative to traditional cigarettes seems to be wearing off.
The latest, courtesy of the University of California, Riverside, finds that e-cigarette usage can cause critical brain cell damage and death. The study points to the effects of e-cig usage as especially perilous to pregnant women and teens.
Study: Vaping Produces ?Stress Response? in Cells
According to the study, published in June in the journal iScience, nicotine consumption through e-cigarettes leads to ?stress-induced mitochondrial hyperfusion.? Also known as SIMH, this condition is a ?protective? that neural stem cells will undergo after exposure to nicotine from e-cigs, according to UC-Riverside professor Prue Talbot, the lead researcher.
Atena Zahedi, another researcher on the project, said stem cells are much more vulnerable because they are young and not yet fully formed into the specialized cells that they will become to carry out crucial functions. The flood of nicotine causes the stem cells to let other chemicals and substances in, which can irreparably alter their chemistry or cause cell death.
That damage can quicken the aging process or even cause neurodegenerative diseases, she said. ?Even short-term exposure can stress cells in a manner that may lead, with chronic use, to cell death or disease,? Zahedi said. 
Are We Reaching a Tipping Point?
The team performed their research using Vuse brand e-cigarettes. Together with industry leader JUUL, the brands have faced heavy criticism, and even litigation, for dangerous products that can even explode. They have also come under fire lately for allegedly targeting their products to teenagers.
The UC-Riverside study?s authors take special care to note that SIMH is especially dangerous for teens. One of e-cigarette makers? favorite themes in their marketing is that vaping keeps a user?s lungs safe from the damaging tar that is in cigarettes. But this study shows that nicotine itself is causing damage, beyond its addictive properties.
?Nicotine exposure during prenatal or adolescent development can affect the brain in multiple ways that may impair memory, learning, and cognition,? Talbot said. ?Furthermore, addiction and dependence on nicotine in youth are pressing concerns. It?s worth stressing that it is nicotine that is doing damage to neural stem cells and their mitochondria.?

The post Another Study, Another Piece of Bad News for E-Cig Users  appeared first on Rutberg Breslow Personal Injury Law.

Another Study, Another Piece of Bad News for E-Cig Users 

Recalled Pig Ear Treats Infecting Both Man and Beast

Admit it. You?ve thought about it. If you have a pet, you?ve wondered what their food tastes like. Oh sure, you wouldn?t dare do it, but some of those treats smell just like bacon!
Well, the latest recall will stop that wondering in its tracks. Across 33 states, the chain retailer Pet Supplies Plus is voluntarily recalling its bulk pig ear dog treats after reports of salmonella sickening 45 people.
Man?s Best Friend?
According to the Centers for Disease Control and Prevention, 12 people who contracted salmonella in this latest outbreak needed to be hospitalized. Thankfully, there are no deaths reported. The CDC believes the bulk pig ears are the cause, after 89 percent of interviewed infected people reported having contact with a dog.
In a joint investigation with the U.S. Food and Drug Administration, the agencies have not been able to find the source of the outbreak. They note that prepackaged pig ear treats are not a part of this recall.
They also note that while dogs can also contract salmonella, they can pass along the bacteria to humans without any visible signs of infection. They warn that something as innocent as a dog licking your face after eating a contaminated treat can cause an infection. Both the CDC and FDA instruct people who have purchased the treats to:

Dispose of any remaining treats immediately
Clean any containers holding the treats
Store any pet food and treats out of reach of small children
Wash hands with soap and water after handling the treats
Prevent dogs from licking your face, mouth or any wounds after they eat

What To Do if You Get Sick
Fortunately, most people who get salmonella only have to endure a few days of gastrointestinal distress. And while we may joke a little bit about this particular case, for some ? such as those with weakened immune systems ? a salmonella infection can have disastrous, even fatal consequences.
Many people stricken by salmonella or other food-borne illnesses have successfully taken legal action to recover compensation for medical bills and lost wages. In many cases, such as with pet food, the law regards liability for food-borne illness the same as any other defective product.

The post Recalled Pig Ear Treats Infecting Both Man and Beast  appeared first on Rutberg Breslow Personal Injury Law.

Recalled Pig Ear Treats Infecting Both Man and Beast 

Things to Consider When Hiring an RV Accident Attorney

You have an important decision to make. Technically, any lawyer licensed to practice law in Texas can represent you after an RV crash, but not every lawyer may be the right choice for you.

Here are some considerations to keep in mind.

• The lawyer’s experience. An experienced personal injury attorney can guide you through an RV accident case and make sure no costly mistakes are made. The lawyer who drafted your will or helped you buy your home may not have any experience with personal injury cases and not know enough about the practice of personal injury law to help you in the same way.
• His or her willingness to investigate the crash. You want an attorney who will put in the extra effort to get as much information as possible about your accident. All aspects of your crash should be fully investigated so useful evidence can be protected and used during settlement negotiations or in court.
• The attorney's view on personal injury settlements. An insurance settlement that compensates you for all of past and future injuries is desirable. You want your lawyer to try to negotiate a settlement so you get the recovery you deserve without the uncertainty or stress of a trial. However, you don’t want to settle for less than your case is worth just because the lawyer doesn’t want the work of going to trial. Accordingly, include the possibility of a going to trial to protect your rights as one of your talking points during a legal consultation.
• How the lawyer will be paid. Some personal injury lawyers work on a contingency fee basis. That means an attorney's fees are paid out of your settlement or court recovery. You won’t owe any hourly fees up front.
• Your gut feeling at an initial meeting. Your RV accident lawyer has an important job to do for you. Therefore, it's important to hire someone you trust and who communicates well. You should review a lawyer’s testimonials and reviews, but also listen to your intuition.

Call an RV Accident Lawyer Today

Learn more about how Steven M. Lee, P.C. can help you after an RV accident by calling us today to schedule a free initial case evaluation.

Related Links: What Should I Do After an RV Accident? The Risk of RV Accidents Hiring the Best Vehicle Accident Attorney for Your Case

 

Things to Consider When Hiring an RV Accident Attorney

What should I do after an RV accident?

After an accident with a recreational vehicle (RV), the actions that you take significantly impact your legal rights and potential recovery. After an accident with a motorhome or a towable RV, you can protect your physical and financial recoveries in the following ways.

Calling 911

911 will dispatch police to investigate the crash and keep you safe at the accident scene. Medical first responders will also arrive to assess your injuries and get you to the hospital, if necessary.

Getting medical help

After getting help at the accident scene, it's critical to get all necessary follow up medical care and to follow your doctors’ treatment plans

Gathering evidence

Beginning at the accident scene, you can take photos and write down witness contact information that may be useful to your case. After you leave the accident scene, you and your attorney can work together to identify and secure other evidence that may be useful to your case.

Limiting what you say to insurance companies

Insurance companies will try to twist your words and use them against you. The insurance company wants to limit the amount it pays to you by proving that you were responsible for the crash or that your injuries aren't as bad as you say.

Using social media cautiously

Your social media posts may be misconstrued and used to prove that you're not as hurt as you claim.

Calling a lawyer as soon as possible

Your attorney will advise you every step of the way, so you don’t have to wonder about whether you're doing the right thing to protect your recovery.

When someone else’s negligence causes your accident injuries, you have the right to recover damages for things such as medical expenses, lost income, physical pain, and emotional suffering. Taking the actions described above can help you establish liability and get the damages you deserve.

Schedule a Free Legal Consultation Today

Steven M. Lee, P.C. is ready to help you if you're hurt by a negligent RV driver. Fill out our online contact form today and schedule a free consultation with him to find out more.

Related Links: When to See a Doctor After a Truck Accident Three Reasons You Need an Attorney After a Truck Accident Injury Four Serious Errors to Avoid After Your Truck Collision

 

What should I do after an RV accident?

Summer Injury Roundup: Who Is Liable for Injuries Away From Home?

Summer days are sliding past all too quickly, helped along by the variety of fun warm-weather activities available for families to enjoy. Some of the best fun often has a hint of a dangerous thrill to it, from rope swings to tubing at the lake to roller coasters. But if you or your child is injured while enjoying a theme park, pool, or friend?s cabin, will someone else cover the medical costs?
Here is a roundup of some fun summer activities that can, unfortunately, have a dangerous side ? and who can be held responsible if someone gets hurt:
1. Swimming Pools
From slipping and falling on wet pool decks to drowning accidents, pools are notorious for serious injuries. Unsuspecting pool-goers can be injured from chemicals, bacteria, and even poorly installed waterslides, diving boards, or old pool toys. Whether the pool belongs to a neighbor, the city, or a hotel, the owner of the pool is responsible for keeping the area safe for everyone.
2. Cruise Ships
Nobody wants to deal with severe sickness or injuries while stuck out on the open sea on a cruise ship. Luckily, many commercial cruise ships are equipped with medical bays in case the worst should happen. From wet decks to food poisoning to sea-related viruses, there are good reasons to be cautious on cruises. If you get sick or injured while on board, the cruise line company may be responsible for your medical costs.
3. Outdoor Jobs
Many outdoor jobs are proactive about keeping their employees safe ? in and out of the sun. But in some cases, employees may develop skin cancer, dehydration, or heatstroke, or suffer injuries from improper clothing or an unsafe natural environment. If you suffer an injury on the job, you may qualify for a workers? compensation claim, or you may have a premises liability claim against the owner of the unsafe property.
4. Summer Camps
Hundreds of children together with limited or unaccredited adult supervision ? what could go wrong? From extreme sports like biking or climbing to lifeguards that are barely trained, many serious injuries can occur at camps. Camp counselors who are responsible for many children can easily miss medical conditions or sicknesses. Generally, the camp is liable for injuries or illness that occur on their property.
5. Water Parks and Theme Parks
These parks are an absolute blast for children and adults alike. However mixing crowds, alcohol, waterslides, rides, wet ground, and excited people can all spell disaster. Depending on the situation, you may be looking at a lawsuit with the specific park, the overall company, an employee, or another guest.
A safe summer is the best summer, but if an injury does happen, an attorney can help you determine the right person to hold liable and how a signed waiver might impact your claim.
 

The post Summer Injury Roundup: Who Is Liable for Injuries Away From Home?  appeared first on Rutberg Breslow Personal Injury Law.

Summer Injury Roundup: Who Is Liable for Injuries Away From Home? 

The Risk of RV Accidents

More than 10.5 million households in the United States own recreational vehicles (RVs). Some RV owners live in Texas, many RV travelers come to Texas from other states, and all RV drivers in Texas pose a threat to other motorists, pedestrians, and cyclists.

There are several different types of RVs on our roads. You may see a:

• Class A Motorhome. These large vehicles provide many of the comforts of home on the road. They often look like busses from the outside and can weigh as much as 40,000 pounds.
• Class C Motorhome. Instead of the bus look, Class C motorhomes have the “home” portion of the RV attached to a truck cab and are similar to large rigs.
• Towable RV. Travel trailers are hitched to other types of vehicles, such as pick-up trucks. The large vehicles provide a lot of living space, but they also take up a lot of room on the road.

RVs are heavy vehicles and can cause dangerous accidents. Many RV drivers don't have experience with large vehicles and may not need commercial drivers’ licenses. While RVs are often the size and weight of semi-trucks or buses, some states, including Texas, exempt motorists who use RVs for personal use from needing commercial drivers’ licenses. Instead, RV enthusiasts can operate these large vehicles with their regular drivers’ licenses.

RV Accidents and Injuries

Driver inexperience or negligence can cause serious accidents, such as:

• Rollover crashes
• Rear-end accidents
• T-bone wrecks
• Sideswipe accidents
• Squeeze play accidents

The injuries sustained in these crashes are similar to those suffered in tractor-trailer accidents. Broken bones, organ damage, traumatic brain and spinal cord injuries, amputations, and death are all possible after an RV wreck.

Negligent RV drivers should pay for the injuries they cause. If you're hurt or your loved one is killed in an RV crash, then you may receive the following compensation through insurance company negotiations or in court:

• Medical costs
• Lost income
• Out of pocket expenses
• Pain and suffering

Call Steven M. Lee, P.C. today to schedule a free consultation and to learn more your possible compensation after a Texas RV wreck.

Related Links: Preventing Dangerous Rollover Accidents Truck Accident Brain Injuries Truck Accidents Involving Pedestrians

 

The Risk of RV Accidents

Should I pursue a personal injury claim if the State of Texas files criminal charges against the drunk trucker who hurt me?

Yes. If you were hurt in a commercial vehicle crash, you still need to pursue a personal injury claim if you want to recover financial compensation for your injuries.

While the facts of both the criminal drunk driving case and your civil truck accident injury case are the same, the legal standards for determining guilt in a criminal case and liability in a civil case are different.

Criminal Cases

Drunk driving is against the law, and a drunk driving conviction may result in jail time for the trucker if it's proven he was intoxicated at the time of the crash. The state brings criminal cases on behalf of the people of Texas. It's in the public’s interest to hold people who break the law accountable and to discourage drunk driving. The people of Texas, however, don't have an interest in your personal compensation.

Nevertheless, a criminal case can help your civil case if you work with the right personal injury attorney. Our experienced truck accident lawyers know how to get prosecutors to share important evidence with us that helps prove what caused your accident.

Civil Cases

The outcome of the state’s criminal drunk driving case doesn't predict the determination of your civil case. The state must prove the truck operator's guilt beyond a reasonable doubt. You must prove this negligence more likely than not caused your accident injuries. If you do this, then you can recover damages for past and future:

Healthcare costs

All medical costs from your ambulance ride to your final accident-related treatment should be part of your financial recovery. This includes, but isn't limited to, hospital stays, doctors’ visits, surgeries, medications, and physical therapy. If your insurance paid for any medical costs, then it might have to be reimbursed for those payments out of your settlement or court recovery.

Lost income

If you're unable to work because of your truck accident injuries, or if you're unable to make the same income that you did before the accident, then lost income may be part of your financial compensation.

Physical pain and emotional suffering

These non-economic damages may be hard to value, but they're a significant part of your recovery. An experienced truck accident lawyer knows what evidence to present to prove the value of your pain and suffering so it can be part of your compensation.

Other losses

Any other financial losses you can prove are related to your accident injury should be part of a settlement or court recovery.

Even if a criminal drunk driving case is pending against the trucker who caused your injuries, we encourage you to contact Steven M. Lee, P.C. today to schedule a free consultation about your rights.

Related Links: Typical Steps Involved in Texas Truck Accident Lawsuit Fatal Drunk Truck Driver Collisions Proving Legal Negligence in a Truck Accident Case

 

Should I pursue a personal injury claim if the State of Texas files criminal charges against the drunk trucker who hurt me?

The Trucking Company Takes Action Immediately After a Crash—And You Should Too

Immediately after your truck crash, getting the right medical care is your only priority. You don’t have the luxury of thinking about your legal rights yet. However, the trucking company isn’t in pain or experiencing a medical emergency.

The trucking company will likely begin protecting its legal rights right away.

Even as you're waiting for the police to arrive or you're en route to the hospital, you can expect the trucker to notify his or her employer about the collision. Shortly after that, the transportation company’s safety director and its attorney will find out about the crash so they can begin developing a legal strategy.

You're still getting medical attention. You haven’t had time to call your lawyer or think about the necessary steps to protect your legal rights. Now the trucking firm is way ahead of you.

Call a Truck Accident Lawyer ASAP

It's never too early to call a truck accident attorney. When you call the firm of Steven M. Lee, P.C., our lawyers will help you preserve important large truck crash evidence by:

Keeping the company from getting rid of the vehicle

The crash damage can provide important evidence about the cause of the collision. You want to document this, as well as obtain maintenance records, before the company sells or destroys the truck.

Protecting the information on the truck’s onboard recorder

Commercial vehicles electronically record things like speed and braking, but this information isn't kept forever. Some recorders automatically erase data every 30 days.

Preserving dashboard camera footage

If the dash cam camera was turned on at the time of your crash, then it could record the behavior of the rig, bus, or tanker operator right before the collision. It could provide information about whether he or she fell asleep at the wheel, had a drink, was on a cell phone, and other relevant distracted or inappropriate behaviors.

Finding accident witnesses

It's easier to find witnesses soon after a crash than as time passes. Securing their statements is crucial proof for causation and liability.

Let Proper Legal Counsel Go to Work for You

A trucking company must be put on notice, typically through a spoliation of evidence letter sent by your lawyer, that it may not destroy any evidence list above related to the crash.

If your claim has proof that the truck operator or the fleet employer caused the accident and your injuries, then you may recover compensation for things such as medical costs, lost income, physical pain, and other accident-related damages.

Call the offices of Steven M. Lee, P.C. today to begin protecting your rights.

Related Links: How Evidence Will Clarify Truck Accident Fault and Liability What to Do Rapid Response Teams Do After a Truck Accident? Important Steps to Take After a Truck Accident

 

The Trucking Company Takes Action Immediately After a Crash—And You Should Too

I'm retired. Is it worth it to pursue a car accident case?

Yes, if you're retired when hurt in a Houston-area car crash, then it may be worth pursuing a car accident case. Assuming that you don’t work at all, you haven't lost any income, so you won’t be able to seek lost income damages in a car accident lawsuit.

However, there are other important claim damages that will make a car accident settlement or court verdict financially beneficial.

Medical Expenses

Medicare will cover your healthcare costs after a car crash, but there are certain steps you must take to protect your Medicare eligibility.

After the accident, it's your responsibility to report the accident to the Medicare Coordination of Benefits Contractor. This is a company that acts on behalf of Medicare to "collect and manage information on other types of insurance or coverage that a Medicare beneficiary may have, and to then determine which entity pays first." You can find contact information for the contractor in your Medicare paperwork or on the Medicare site.

You'll be asked for information about your injury, your medical providers, and your lawyer, if you've hired one. While you're receiving medical treatment, the contractor may ask you for updates, and you must comply with these requests.

When your personal injury case is resolved, you or your attorney must notify the contractor. Medicare must be reimbursed out of your settlement for the medical expenses it covered before you receive your portion.

Other Car Accident Damages

Compensation for things other than medical expenses may also be possible after your car accident. These damages may include physical pain, emotional suffering, and out-of-pocket costs. Things such as your physical discomfort, anxiety, mental anguish, the impact of the injuries on your life, and any costs you can prove were incurred because of these injuries should be part of your settlement.

In some cases, it may also be possible to recover punitive damages. Punitive damages are designed to punish the outrageous behavior of the driver who caused the accident, but have the practical effect of adding money to your settlement.

Some of these damages can be difficult to prove, but an experienced car accident attorney knows what evidence to gather and how to make convincing arguments that persuade insurance companies and courts to compensate accident victims fairly.

The attorneys of Steven M. Lee, PC work on a contingency fee basis. We're only paid if your accident case is successful. Therefore, you have nothing to lose. Call us today to schedule a free consultation to get the information you need to decide whether to pursue a car accident claim.

Related Links: Is Pursuing a Car Accident Claim Worth the Hassle? Texas Damage Caps Understanding Liability to Secure the Best Compensation for Your Injuries

 

I'm retired. Is it worth it to pursue a car accident case?

Teen Driver + Teen Passenger = Increased Risk of Fatal Crash

Teen drivers lack the experience of older adult motorists. Their inexperience can cause serious car crashes, but inexperience isn’t always the reason for a teenager's accident. Distracted teen drivers can also cause a car wreck and according to a recent study, if they have teen passengers in the car with them, they're more likely to cause fatal accidents.

An October 2018 study from the AAA Foundation for Traffic Safety found that the fatality rate for teen drivers with only teen passengers in the car increased 51 percent for all people involved in the crash. More specifically, the fatality risks increased:

• 56 percent for occupants of other vehicles
• 45 percent for the teen driver
• 17 percent for pedestrians and cyclists

When teen drivers drove with passengers 35 or older, the fatality rate fell by about 8 percent.

This wasn't the first time the AAA Foundation for Traffic Safety determined that teen passengers raise the risk of being in a crash. In 2012, the Foundation found that young motorists aged 16 and 17 who have passengers under 21 are at greater risk of being in a crash. Additionally, the study also indicated that more passengers traveling together increase the likelihood of a collision.

Protect Your Teen Driver or Passenger

In Texas, teens are eligible for provisional drivers’ licenses at 16. At that age, if a young person meets the requirements and passes the driving test, he or she receives a provisional license, which they'll have until 18. A teenager with a provisional driver’s license may only have one passenger under 21—who isn't a family member—in the car at a time.

As a parent, it's important to make sure that your child complies with Texas Graduated Driver License Program and all your rules for safe driving. It's also critical that your young motorist knows to first call the police, then you, after any accident if he or she is the driver or passenger.

Then, contact Steven M Lee, P.C. for a free consultation to protect your teen’s rights and potential recovery.

Related Links: What Teenage Drivers Should Know After a Car Accident Ways to Keep Your Teen Driver Safe Common Factors in Teen Driving Accidents

 

Teen Driver + Teen Passenger = Increased Risk of Fatal Crash

Who is a drowsy driver?

Everyone has days when they're tired, but to what extent does fatigue compromise a person's ability to drive safely? Unlike drunk driving, there's not a law with a defined limit of sleep impairment in relation to operating a vehicle.

There's also not a conclusive test law enforcement can administer to determine how tired a driver is at the time of a crash. This makes it tricky to classify drowsy driving.

It's recommended that adults get seven–to–nine hours of sleep each night. A study published in the October 2018 edition of the journal Sleep found that fatigue could negatively impact the driving of adults with fewer than seven hours of sleep in a 24-hour period.

Specifically, the study found that drivers who reported:

• Fewer than four hours of sleep in a 24-hour period were 15.1 times more likely to cause car accidents than people who slept the recommended seven–to–nine hours. These odds are similar to a driver who has a blood alcohol concentration of 1.5 times the legal limit.
• Six hours of sleep in a 24-hour period were 1.3 times more likely to cause car accidents than individuals who slept seven–to–nine hours.
• Five hours of sleep in a 24-hour period were 1.9 times more likely to cause car accidents than people who slept seven–to–nine hours.
• Four hours of sleep in a 24-hour period were 2.9 times more likely to cause car accidents than motorists who slept seven–to–nine hours.
• Drivers who changed their sleep or work schedules in the past week were at greater risk of being in accidents.
• People who drove for three hours or longer without a break were at greater risk of being in accidents.

The study doesn't provide a legal definition of drowsy driving, but it does offer useful information about who may be a fatigued motorist.

Was Drowsy Driving a Cause of Your Crash?

At the scene of the crash, you may not know whether someone else’s drowsiness caused the accident, but an experienced car accident lawyer can do a thorough investigation to determine the factors contributing to the crash and how to use them to protect your recovery.

Start a live chat with us now, or call Steven M. Lee, P.C. at your convenience to find out more about your rights and to schedule a free case consultation.

Related Links: Drowsy Driving Risks and Prevention Tips Life-Saving Tips for Driving Safely at Night Is Pursuing a Car Accident Claim Worth the Hassle?

 

Who is a drowsy driver?

Falling Tree Kills 11-Year-Old Girl Scout

In a tragedy at Indiana’s Camp Henry F. Koch, a young Girl Scout was killed by falling tree while she and others were hiking through the campground. The 11-year-old suffered fatal head and abdominal injuries and was pronounced dead at a local hospital.
"They were there to have a good time," Perry County Sheriff Alan Malone said as he choked back tears at a press conference. "We’re prepared for everything, but when you actually roll up on a scene — it’s hard, it’s tough. Especially when a child is involved."
Life and Limbs
Camp Koch, according to the Girl Scouts website, "covers approximately 500 acres of rugged woodland in the hills along the Ohio River." It is a resident camp facility maintained and protected year-round by a resident ranger. Although the area had experienced frequent rainfall in recent weeks and it was raining when local deputies arrived at the scene, no severe weather or lightning reported in the vicinity at the time. Sheriff Malone said he couldn’t be sure why the 40-foot tree fell when it did.
Another 10-year-old girl was treated for a hand injury after the incident, and two women, 50 and 55 years old, suffered serious injuries but were hospitalized in stable condition. "There is nothing we take more seriously than the safety and well-being of our girls and volunteers," the Girl Scouts said in a statement. "During this difficult time, the entire Girl Scout family mourns the loss of one of our girls, and we ask for privacy for the individuals and their families as they grieve and mourn this tragic loss."
Loss and Legal Liability
When such tragedies happen, it can be difficult to determine who is responsible. Under the legal theory of premises liability, entities that invite others onto their property or offers a service for money — like parks that offer campsites — can be held responsible for injuries that happen on the property. Therefore, they may be required to check for unseen risks, such as trees that may fall, and take steps to cut unstable trees down before they accidentally fall on an unsuspecting camper. Some data has suggested that as municipalities trim their tree-trimming budgets, the result is more injuries from falling limbs.
If you or a family member has been injured in a park, contact an experienced personal injury attorney to learn about your legal options.

The post Falling Tree Kills 11-Year-Old Girl Scout  appeared first on Rutberg Breslow Personal Injury Law.

Falling Tree Kills 11-Year-Old Girl Scout 

What Is a Demand Package?

Your medical treatment is finished, and you know the value of your car accident case. However, before you can receive a fair settlement from the insurance company, you need to convince the adjuster that your case is worth what you claim.

To do this, you need to provide convincing evidence to the insurer. Often, this is presented in a demand package.

A demand package usually includes:

• Medical records relevant to your injury, recovery, and prognosis
• Medical bills
• A police report
• Photos, videos, or other evidence from the accident scene
• Documentation of lost income
• Documentation of other financial damages incurred because of the crash
• Written information about how your injuries have already impacted your life
  and will continue to do so
• A demand for a specific financial settlement based on economic damages, such as past and future medical expenses and lost income; and non-economic damages, such as past and future physical pain and emotional suffering

The demand package must be clear, complete, and convincing, because this is the information the insurer will use to negotiate a settlement.

A Lawyer Can Help With Your Demand Package

It can be difficult to create an effective demand package on your own, but an experienced car accident lawyer who regularly negotiates settlements with insurance companies can compile evidence for and submit a persuasive demand package for you.

The ideal timeline for submission to the insurance company is during the pre-litigation stage, or before actual negotiations take place. The intent is to provide effective documentation that proves you deserve proper compensation for your injuries and other damages, and deters claim denial by the insurer and actual litigation.

So your first step should be to notify your lawyer that your medical treatment is complete and to provide him or her with any relevant documentation in your possession.

To learn more about negotiating a fair settlement with an insurance company after your Houston-area car crash, please contact Steven M. Lee, P.C. today for a free, no-obligation consultation.

Related Links: Is Pursuing a Car Accident Claim Worth the Hassle? Car Accident Damages Why You Need an Attorney If You’re Hurt in a Car Crash

 

What Is a Demand Package?