What should I do in the event of a tire blowout?
If you are driving while there is a rapid loss of tire pressure or blowout, you should attempt to maintain the vehicle balanced and under control. Any overreaction, including abruptly releasing your foot from the accelerator or slamming on the brakes may result in a loss of vehicle control. Abruptly removing your foot from the accelerator causes the vehicle’s weight to be transferred from the rear to the front tires, potentially leading to loss of control. Applying brakes makes the vehicle further destabilizes the vehicle.
In a blowout situation, you should gradually release the accelerator, after controlled, corrective steering, look and steer in the direction you want the vehicle to go and, once stabilized, continue to slow down and pull over where you deem it safe to do so. These steps should be taken regardless of whether the front or back tire blows out. The main difference will be that you will feel a front tire blowout more in the steering whereas you will feel the force of a rear tire blowout more in the vehicle’s body.
How many deaths and injuries do blowouts cause?
The National Highway Traffic Safety Administration (NHTSA) estimates that each year, in crashes resulting from flat tire/blowout causes, there are over 400 fatalities and over 10,000 non-fatal injuries. Tire blowouts cause over 23,400 tow-away crashes annually.
Why are blowouts so dangerous?
Tire blowouts cause vehicles to lose control. This increases the risk of injury due to rollovers and collisions with other vehicles or objects. Traveling at higher speeds or in less stable vehicles such as SUVs and large passenger vans increases the likelihood of injuries as a result of a tire blowout.
What causes blowouts?
Most tire blowouts are preventable. Some of the principal causes of tire blowouts include:
* Road hazards
* Under-inflation
* Tire mismatching
* Excessive wear
* Inadequate inspections
* Tire design defects
* Manufacturing defects
* Tire ageing
Monday, May 11, 2009
Seat Belt Laws in the USA
Everyone would agree that protecting lives with seat belts is at least as important as a broken tail light or littering. Yet, while virtually every state has primary laws that allow law enforcement officers to stop and ticket a violator for having a broken tail light or for tossing trash out the window, not all states have primary laws for seat belt use.
Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior. Despite terrible traffic problems such as aggressive driving, increasing seat belt use is still the single most effective thing we can do to save lives and reduce injuries on our roadways.
The information present in this article and following table should only be used as a guide.
Specific questions should be directed to a qualified attorney licensed in your state. Nothing in this summary should be construed as legal advice
Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior. Despite terrible traffic problems such as aggressive driving, increasing seat belt use is still the single most effective thing we can do to save lives and reduce injuries on our roadways.
The information present in this article and following table should only be used as a guide.
Specific questions should be directed to a qualified attorney licensed in your state. Nothing in this summary should be construed as legal advice
Drunk Driver Accident Lawyers
Sadly, while overall traffic deaths in the United States decreased slightly from 2005 to 2006, according to the National Highway Traffic Safety Administration's (NHTSA) Fatality Analysis Reporting System (FARS), alcohol-related traffic deaths rose from 17,525 in 2005 to 17,941 in 2006. Of these fatal "accidents", 13,613 in 2005 and 13,990 in 2006 involved a driver with a .08 BAC or higher. Furthermore, alcohol-related traffic fatalities are at an all time high since 1992.
Sadder yet, drunk driving accidents and fatalities are entirely preventable. Many states have chosen to send a strong message to owners and employees of bars, nightclubs, establishments and even private homes in which alcohol was served as well as to their patrons with “dram shop” laws.
Dram shop laws allow the owners and employees of these establishments to be held negligent in the event they provide excessive alcohol to a guest or patron and then allow the patron to drive off without regard for the potential consequences. In some cases, every establishment in which the drunk driver consumed an alcoholic beverage was held liable for a resulting accident.
In an auto accident caused by extreme negligence such as drunk driving, punitive damages may be assessed on all parties at fault. Punitive damages can result in far greater compensation to the injured party than that granted for the actual losses. Punitive damages are awarded in addition to the actual damages, which may include:
* Medical bills
* Disability
* Disfigurement
* Pain and suffering
* Lost wages
* Emotional distress
Sadder yet, drunk driving accidents and fatalities are entirely preventable. Many states have chosen to send a strong message to owners and employees of bars, nightclubs, establishments and even private homes in which alcohol was served as well as to their patrons with “dram shop” laws.
Dram shop laws allow the owners and employees of these establishments to be held negligent in the event they provide excessive alcohol to a guest or patron and then allow the patron to drive off without regard for the potential consequences. In some cases, every establishment in which the drunk driver consumed an alcoholic beverage was held liable for a resulting accident.
In an auto accident caused by extreme negligence such as drunk driving, punitive damages may be assessed on all parties at fault. Punitive damages can result in far greater compensation to the injured party than that granted for the actual losses. Punitive damages are awarded in addition to the actual damages, which may include:
* Medical bills
* Disability
* Disfigurement
* Pain and suffering
* Lost wages
* Emotional distress
Automobile Crashworthiness - Accident Attorneys
Crashworthiness cases differ from conventional auto accident cases in several ways. Auto accident cases focus primarily on the cause of the accident and who is at fault. Crashworthiness cases, also known as "second impact", "second collision" or "enhanced injury" cases, concern themselves with how the failure of a motor vehicle's safety systems contributed to the occupants' injuries.
Over the last decades, auto accident claims and public clamor have forced automobile manufactures to improve their vehicle's safety features. As a result, shatter-resistant windshields, collapsible steering wheels and padded interior fixtures have lessened the severity of injuries resulting from "second impact" during auto accidents.
The modern concept of crashworthiness does not refer to any safety system in particular, but with how all the safety systems in a vehicle work to protect its passengers. In one accident, for instance, the airbags and crumple zones may work properly, but a defective door latch that fails to prevent the driver from being ejected from the vehicle may result in serious injuries. The defective door latch alone was the weak link that diminished the vehicle's overall crashworthiness.
The safety features that, when working properly, together contribute to a vehicle's crashworthiness include:
* Seatbelts - during an accident, seatbelts provide a controlled resistance to the violent forces acting on the vehicle and prevent passengers from being ejected from it.
* Airbags - properly functioning airbags prevent occupants from impacting the interior of the vehicle during an accident. When not working properly, airbags can be a menace independent of the accident.
* Crumple zones - these are parts of the vehicle that are designed to absorb some of the violent forces acting on a vehicle during a collision in order to prevent damage to the passenger cabin.
* Roof strength - properly designed and/or reinforced roof structures prevent them from crushing or otherwise dangerously encroaching into the passenger space during an accident, especially a rollover accident.
* Door latches - while seemingly unimportant, a door latch provides structural integrity to the vehicle during an accident. A failing door latch is the single most frequent cause of passenger ejection during an accident. Passenger ejection considerably increases the likelihood that he or she will suffer serious injuries or death.
* Seat and seatback strength - a collapsing seatback poses numerous potential hazards to occupants of an automobile during an accident, especially in a rear-end collision.
* Fuel system integrity - defective fuel systems can result in an needless fire or explosion during or after an accident.
Over the last decades, auto accident claims and public clamor have forced automobile manufactures to improve their vehicle's safety features. As a result, shatter-resistant windshields, collapsible steering wheels and padded interior fixtures have lessened the severity of injuries resulting from "second impact" during auto accidents.
The modern concept of crashworthiness does not refer to any safety system in particular, but with how all the safety systems in a vehicle work to protect its passengers. In one accident, for instance, the airbags and crumple zones may work properly, but a defective door latch that fails to prevent the driver from being ejected from the vehicle may result in serious injuries. The defective door latch alone was the weak link that diminished the vehicle's overall crashworthiness.
The safety features that, when working properly, together contribute to a vehicle's crashworthiness include:
* Seatbelts - during an accident, seatbelts provide a controlled resistance to the violent forces acting on the vehicle and prevent passengers from being ejected from it.
* Airbags - properly functioning airbags prevent occupants from impacting the interior of the vehicle during an accident. When not working properly, airbags can be a menace independent of the accident.
* Crumple zones - these are parts of the vehicle that are designed to absorb some of the violent forces acting on a vehicle during a collision in order to prevent damage to the passenger cabin.
* Roof strength - properly designed and/or reinforced roof structures prevent them from crushing or otherwise dangerously encroaching into the passenger space during an accident, especially a rollover accident.
* Door latches - while seemingly unimportant, a door latch provides structural integrity to the vehicle during an accident. A failing door latch is the single most frequent cause of passenger ejection during an accident. Passenger ejection considerably increases the likelihood that he or she will suffer serious injuries or death.
* Seat and seatback strength - a collapsing seatback poses numerous potential hazards to occupants of an automobile during an accident, especially in a rear-end collision.
* Fuel system integrity - defective fuel systems can result in an needless fire or explosion during or after an accident.
Auto Accident Attorney
Questions
What should I do if I’m injured in an auto accident?
If you or any other passenger is injured in an auto accident and you have access to a mobile phone, call 911 and request that a police officer respond to the scene.
When the responding officer asks if you are injured and you are not obviously injured or are uncertain of your symptoms, tell him or her that you won’t be certain until a physician examines you. “Soft tissue” injuries sometimes do not become evident until a day or two after a car accident. Other types of injuries may not manifest themselves until weeks after the accident.
See a doctor. Even if your injuries do not become apparent until weeks or months after a motor vehicle accident, a delayed diagnosis can significantly affect the outcome of your accident lawsuit.
Should I trust the claims adjuster?
It depends on whether the claims adjuster represents or was assigned by your own insurance company or by that of the other party’s or parties’ involved in the accident.
In theory, your own insurance company is supposed to put your interests ahead of its own. In practice, if such is not the case, at least you have the recourse of filing a “first-party liability insurance bad faith claim”.
You should certainly be suspicious of a third party-adjuster, or if the other party’s liability insurance company happens to be the same as yours. In such a case, the adjuster’s loyalty is with the party that injured you.
A third-party insurance adjuster may attempt to secure a statement from you that could reduce the amount of damages you will recover, or to have you sign releases or authorizations that allows him or her access to your confidential records. The adjuster may also try to discourage you from retaining an auto accident lawyer to represent you, in part by suggesting to you that the worth of your claim has already been determined.
If you are a victim of an automobile accident and you are asked by a third-party insurance adjuster to give a statement, our auto accident attorneys generally advise clients to politely tell the adjuster that your attorney has advised you not to provide a statement until after you have discussed the claim with counsel.
What if the other driver does not have insurance?
You may file a claim against the other driver instead of his or her insurance company or you may be able to recover compensation from your own insurance company. Your accident attorney may be able to suggest additional courses of action.
What if I was partially at fault for the accident?
Depending on the state in which the accident took place, you may be able to use the doctrine of comparative negligence to recover damages for the other driver’s part in contributing to the cause of the accident.
Will I need to go to court?
An experienced auto accident attorney with a successful track record is likelier to recover a higher amount of compensation for your damages at trial. The other party may be aware of this and may wish to settle the case out of court. But be wary of a less experienced attorney who, out of expediency, may wish to settle your case for less than you deserve.
What should I do if I’m injured in an auto accident?
If you or any other passenger is injured in an auto accident and you have access to a mobile phone, call 911 and request that a police officer respond to the scene.
When the responding officer asks if you are injured and you are not obviously injured or are uncertain of your symptoms, tell him or her that you won’t be certain until a physician examines you. “Soft tissue” injuries sometimes do not become evident until a day or two after a car accident. Other types of injuries may not manifest themselves until weeks after the accident.
See a doctor. Even if your injuries do not become apparent until weeks or months after a motor vehicle accident, a delayed diagnosis can significantly affect the outcome of your accident lawsuit.
Should I trust the claims adjuster?
It depends on whether the claims adjuster represents or was assigned by your own insurance company or by that of the other party’s or parties’ involved in the accident.
In theory, your own insurance company is supposed to put your interests ahead of its own. In practice, if such is not the case, at least you have the recourse of filing a “first-party liability insurance bad faith claim”.
You should certainly be suspicious of a third party-adjuster, or if the other party’s liability insurance company happens to be the same as yours. In such a case, the adjuster’s loyalty is with the party that injured you.
A third-party insurance adjuster may attempt to secure a statement from you that could reduce the amount of damages you will recover, or to have you sign releases or authorizations that allows him or her access to your confidential records. The adjuster may also try to discourage you from retaining an auto accident lawyer to represent you, in part by suggesting to you that the worth of your claim has already been determined.
If you are a victim of an automobile accident and you are asked by a third-party insurance adjuster to give a statement, our auto accident attorneys generally advise clients to politely tell the adjuster that your attorney has advised you not to provide a statement until after you have discussed the claim with counsel.
What if the other driver does not have insurance?
You may file a claim against the other driver instead of his or her insurance company or you may be able to recover compensation from your own insurance company. Your accident attorney may be able to suggest additional courses of action.
What if I was partially at fault for the accident?
Depending on the state in which the accident took place, you may be able to use the doctrine of comparative negligence to recover damages for the other driver’s part in contributing to the cause of the accident.
Will I need to go to court?
An experienced auto accident attorney with a successful track record is likelier to recover a higher amount of compensation for your damages at trial. The other party may be aware of this and may wish to settle the case out of court. But be wary of a less experienced attorney who, out of expediency, may wish to settle your case for less than you deserve.
Black Ice Accident Lawyers - Auto Accident Attorney
Wet roads and roads covered with packed snow or ice are obvious hazards. The added problem with black ice, however, is that it lacks the cues that convey its danger to drivers. Although not actually black, black ice, also known as clear ice or glare ice, is so thin and transparent that the dark pavement shows through. A roadway covered with black ice can make it look wet or even clear rather than icy.
At temperatures below freezing, any water that comes in contact with the road can turn to ice. Sources of water include:
* Rain that spreads out and freezes on contact
* Mist
* Drizzle
* Fog
* Spray (drops of water whipped up by wind and waves in a body of water nearby)
* Melting snow banks
* Exhaust from idling automobiles (which can also condense inside tail pipes and drip out)
At temperatures below freezing, any water that comes in contact with the road can turn to ice. Sources of water include:
* Rain that spreads out and freezes on contact
* Mist
* Drizzle
* Fog
* Spray (drops of water whipped up by wind and waves in a body of water nearby)
* Melting snow banks
* Exhaust from idling automobiles (which can also condense inside tail pipes and drip out)
Auto Accidents Caused by Cell Phone Lawyer
Mobile phone/cellular phone usage has risen sharply in recent years. According to CTIA, The International Association for the Wireless Telecommunications Industry, in February 2009, there were over 272 million wireless subscribers in the US, representing a wireless penetration of over 85% of the US population. The number is up from 194 million in as recently as June 2005, and from 97 million in June 2000.
Cell phones are undoubtedly a part of our culture. And a Nationwide Mutual Insurance Co. study released in January 2007 found that 73 percent of drivers surveyed use their cell phones while driving.
Unfortunately, the availability of data for auto accidents involving cell phone use is limited. But with driver inattention being the leading cause of automobile accidents, cell phone use while driving is a recipe for disaster, and we should not be overly surprised by the facts that are available, such as:
* Human Factors and Ergonomics Society: drivers talking on cellular phones are 18 percent slower to react to brake lights and take 17 percent longer to regain the speed they lost after they braked.
* One-fifth of experienced adult drivers and nearly half of drivers aged 18-24 send text messages while driving.
* Insurance Institute for Highway Safety study: motorists who use cellular phones while driving are four times likelier to get into accidents serious enough to injure themselves.
* The Harvard Center for Risk Analysis estimate: in 2002, approximately 2,600 people died and another 330,000 were injured as a result of using cell phones while driving.
* 21 percent of fatal auto accidents involving teenagers are as a result of using cell phones while driving.
Cell phones are undoubtedly a part of our culture. And a Nationwide Mutual Insurance Co. study released in January 2007 found that 73 percent of drivers surveyed use their cell phones while driving.
Unfortunately, the availability of data for auto accidents involving cell phone use is limited. But with driver inattention being the leading cause of automobile accidents, cell phone use while driving is a recipe for disaster, and we should not be overly surprised by the facts that are available, such as:
* Human Factors and Ergonomics Society: drivers talking on cellular phones are 18 percent slower to react to brake lights and take 17 percent longer to regain the speed they lost after they braked.
* One-fifth of experienced adult drivers and nearly half of drivers aged 18-24 send text messages while driving.
* Insurance Institute for Highway Safety study: motorists who use cellular phones while driving are four times likelier to get into accidents serious enough to injure themselves.
* The Harvard Center for Risk Analysis estimate: in 2002, approximately 2,600 people died and another 330,000 were injured as a result of using cell phones while driving.
* 21 percent of fatal auto accidents involving teenagers are as a result of using cell phones while driving.
Airplane Accidents Attorneys
What Happens After My Consultation?
PersonalInjury.com provides an overview of airplane crash litigation and additional sources of information you can turn to in the event that a loved one is involved in an airplane accident. This article explores further what takes place once you have consulted with an airplane accident attorney.
Once your aviation accident attorney has determined that there is a basis for a lawsuit, there are a number of other issues that arise in an airplane accident case, including:
* What federal or state laws are applicable?
* What trial venues should be considered?
* Should a lawsuit be brought individually or filed as a class action?
* Who will be named as defendants? Should the lawsuit be brought against the operator, owner, or manufacturer of the aircraft? How about the airline or traffic control?
* Should the theory of recovery be argued along the line of negligence, strict liability, statutory violations or breach of warranty?
* How should evidence be preserved and how will it contribute in providing proof?
PersonalInjury.com provides an overview of airplane crash litigation and additional sources of information you can turn to in the event that a loved one is involved in an airplane accident. This article explores further what takes place once you have consulted with an airplane accident attorney.
Once your aviation accident attorney has determined that there is a basis for a lawsuit, there are a number of other issues that arise in an airplane accident case, including:
* What federal or state laws are applicable?
* What trial venues should be considered?
* Should a lawsuit be brought individually or filed as a class action?
* Who will be named as defendants? Should the lawsuit be brought against the operator, owner, or manufacturer of the aircraft? How about the airline or traffic control?
* Should the theory of recovery be argued along the line of negligence, strict liability, statutory violations or breach of warranty?
* How should evidence be preserved and how will it contribute in providing proof?
Questions About Airplane Accidents
How often do aviation accidents occur?
Although air travel is considered among the safest modes of transportation, when accidents do occur, they are more likely to be fatal and more destructive than accidents involving non-aviation vehicles.
According to the National Transportation Safety Board (NTSB), in 2006 there were two major aviation accidents - accidents defined as involving a major airline or large transport-category aircraft that was destroyed, substantially damaged with at least one fatality, or in which there were multiple fatalities. That same year there were also two “serious” accidents, seven nonfatal accidents involving injuries, and 22 accidents with no fatalities or serious injuries but in which there was substantial damage.
What are the most common causes of airplane accidents?
Because the damage suffered in airplane accidents tends to be extensive, it is often difficult to determine the cause. It is generally accepted, however, that the most common causes of airplane accidents include:
* Pilot error (most common)
* Aircraft part design flaws
* Mechanical failure
* Extreme weather conditions
Although air travel is considered among the safest modes of transportation, when accidents do occur, they are more likely to be fatal and more destructive than accidents involving non-aviation vehicles.
According to the National Transportation Safety Board (NTSB), in 2006 there were two major aviation accidents - accidents defined as involving a major airline or large transport-category aircraft that was destroyed, substantially damaged with at least one fatality, or in which there were multiple fatalities. That same year there were also two “serious” accidents, seven nonfatal accidents involving injuries, and 22 accidents with no fatalities or serious injuries but in which there was substantial damage.
What are the most common causes of airplane accidents?
Because the damage suffered in airplane accidents tends to be extensive, it is often difficult to determine the cause. It is generally accepted, however, that the most common causes of airplane accidents include:
* Pilot error (most common)
* Aircraft part design flaws
* Mechanical failure
* Extreme weather conditions
Air Crash Attorney
After Air Crash Information
There are numerous sources of assistance to victims’ families following an aircraft accident. For smaller accidents and for those that occur outside the U.S., available assistance may be more limited.
Major air disasters in the U.S. typically involve numerous governmental agencies and a multifaceted interplay of state, federal, and occasionally international law. Under the Family Assistance Act , certain requirements must be followed by airlines, and include:
* Arranging for grief counseling and family support services
* Providing caregivers for each family
* Working to identify victims and to return remains and possessions to families
* Setting up a communications network with survivors and victims’ relatives
There are numerous sources of assistance to victims’ families following an aircraft accident. For smaller accidents and for those that occur outside the U.S., available assistance may be more limited.
Major air disasters in the U.S. typically involve numerous governmental agencies and a multifaceted interplay of state, federal, and occasionally international law. Under the Family Assistance Act , certain requirements must be followed by airlines, and include:
* Arranging for grief counseling and family support services
* Providing caregivers for each family
* Working to identify victims and to return remains and possessions to families
* Setting up a communications network with survivors and victims’ relatives
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