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What You Should Know About The VW Scandal

What You Should Know About The VW ScandalRecently, it has been revealed that Volkswagen may not have been very truthful about passing the performance and emission standards in some of their diesel engines produced in the last few years. In fact, Volkswagen was shown to have done this on purpose. As you can imagine, this has greatly hurt their image and may lose millions because of it.

So what exactly happened and why is this important? Don't worry, we'll help clear up a few things.
What Is The VW Scandal?
As mentioned before, Volkswagen had not been truthful about passing their performance and emission standards. However, it is a bit more scandalous than that. It was revealed that Volkswagen purposely manipulated the software using a specially made device in order to get its diesel cars to pass the emissions standards. This makes it much worse than most recalls, which involve a company failing to identify a defect in time, because Volkswagen was completely aware of the problem and intentionally lied.
So How Was VW Found Out?
The International Council on Clean Transportation, also known as ICCT, performed an independent, on-the-road emission test on several of the... read article

Michael J Babboni

The Most Common Types Of Neck Injuries

The Most Common Types Of Neck InjuriesNeck injuries, also known as cervical spine injuries, come in a large variety. They can range from mild to severe and even life threatening. Most often, damage from a neck injury is limited to the soft tissue. However, nearly every type of cervical spine injury will also affect the muscles surrounding the area as well. Though most injuries to the neck are mild, neck pain that lasts for longer than a week or that occur after an accident should be taken to medical professions.

Here are just a few of the neck injuries you should know about.
Crick In The Neck
A “crick” is a common term to refer to a pain felt when you wake up after sleeping with your neck in an awkward position. Though it may also come from working at your computer for long hours or from sudden movements of the neck. As painful as they may be, “cricks” are often not serious and can be easily cared for at home. However, this pain can sometimes be linked to a bigger problem. If the pain lasts longer than a week or occurs after an... read article

Michael J Babboni

When Bicycles And Cars Collide

When Bicycles And Cars CollideOn warm sunny days, its great to be able to ride your bicycle instead of your car. You can feel a nice breeze pass you by as your zooming around town. Not to mention all the great work out your getting. While it may be a healthier and more eco-friendly choice, it may not be the safest.

Bicycle accidents can result in serious and sometimes life threatening injuries. However, lawsuits to recover damages for injuries run into a lot of the same issues as any typical auto accident lawsuit. Often in these cases, it all comes down to liability. Was the accident due to the negligence of the driver or the cyclist?
The Liability Basics
Both drivers and cyclists are obligated to obey the rules of the road. These rules include both the traffic laws as well as the duty to exercise ordinary care in regards to the safest of yourself and others on the road. Often this kind of lawsuit, the case is dependent on whose actions or neglect are responsible for the resulting accident.
Driver Negligence Or Recklessness
Negligence by a driver can take a variety of forms. For example,... read article

Michael J Babboni

Understanding Paralysis

Understanding ParalysisParalysis is a condition where the muscles have lost their capacity to function in a part of the body making it immobile. However, the muscle itself is not responsible for the paralysis. Our muscles are controlled by the nervous system, including the nerves, spinal cord, and brain, which processes messages to and from the brain and other parts of the body. Basically, paralysis happens when there is some sort of nerve damage either due to problems with the nerves or when a portion of the spinal cord is injured.

Paralysis can be localized or generalized, temporary or permanent, partial or complete, and spastic or flaccid. In order to truly understand what paralysis is, it is helpful to understand what these terms mean in relation to paralysis.

Localized paralysis
Localized paralysis is when paralysis is limited to a very specific part of your body. Some examples of localized paralysis include:

- Paralysis of the vocal cord that either partial or fully effects their ability to speak
- Paralysis of the hand
- Facial paralysis that is limited to one side of the face

Generalized paralysis
Generalized paralysis is when paralysis is found in a much more generalized... read article

Michael J Babboni

Workplace Injuries: When To Go To Court

Workplace Injuries: When To Go To CourtAccidents can happen anywhere , even at work. However, when they do you might be able to seek financial compensation for your injuries.

So how do you know when or if you can seek financial compensation for your injuries?

It all depends on whether your company's actions or neglect is the cause of your injury. If you can prove that the company is liable then you have a case.

So how do you know whether your company is liable for your injuries?

Again, it depends on whether their actions or neglect is what caused your injury. This does not necessarily mean that your employer has to have directly caused the incident for the company to be held responsible. In most cases it tends to boil down to four ways that your company can be liable for your injuries.
Poor Supervision Or Lack Of Training
When you are new to a job, it is the responsibility of the company to educate you in how to do your job in the safest method possible. This can include how to operate equipment, use cleaning chemicals properly, and safe ways to do heavy lifting. If... read article

Michael J Babboni

Top 9 Worst Driving Habits

Top 9 Worst Driving HabitsWe all have bad habits, but some of us are more guilty of them than others. Here are the top 9 worst driving habits that could be putting you in danger.
Using Your Cell Phone While Driving
Sadly, this has become increasingly common among most drivers out there nowadays. Whether you are using your cell phone to talk, text, or even to take a 'selfie', this is a dangerous habit to have. As tempting it can be when that ring-tone goes off, you must resist the urge when your behind the wheel.
Let's be honest, we all do this every once in a while. However, that does not make it okay! Driving above the speed limit is one of the biggest reasons why car accidents happen and it often leads to many of the other problematic habits on this list. So please, avoid the temptation and just keep to the speed limit.
Tailgating is often frustrating for both parties involved. The front driver is annoyed because the person behind them won't get off their bumper and the driver in back is annoyed that the other person isn't going any faster. So... read article

Michael J Babboni

Know The Difference Between Car And Truck Accidents

Know The Difference Between Car And Truck AccidentsAccording to the U.S. Census Bureau, in 2009 there were more than 13 million car accidents and 500,000 commercial truck accidents. Many of those accidents resulted in serious injury or death of one or more of the drivers or passengers involved.

While both car and truck accidents are similar in many ways, truck accidents differ from car accidents in three key ways; financial liability, driver responsibility, and personal injury.
Financial Liability
In a car accident, only the drivers involved in the accident can be held liable. Most states even require motorists to carry a minimum level of insurance to cover any damages to another driver's car when they cause than an accident.

However, in a truck accident liability that is much more complex than that. Not only can the driver of the truck be held liable, but the trucking company can be too. The commercial trucking industry is regulated by the federal government and is required to ensure that all their trucks meet federal safety standards. For example, if it is revealed that the trucking company failed to perform scheduled maintenance on the truck's brakes, the trucking company... read article

Michael J Babboni

What To Do When Products Fail

What To Do When Products FailThe majority of personal injury cases revolve around you or people you are with having received injuries due to negligence. While that is the most common cause of injury, it certainly isn't the only one. In fact, sometimes there is no one that can be directly to blame when an injury occurs. The reason is simple, it's not a person, but a product or tool that ends up failing you and resulting in injury.

So who do you hold liable when a defective product causes injury?
Product Liability
Product liability refers to a seller or manufacturer being held liable for placing a defective product into the hands of a consumer. Responsibility for a defective product causes injury lies with all sellers of the product within the distribution chain. This may include the product manufacturer, a manufacturer of component parts, a party that assembles or installs product, the wholesaler, and the retail store that sold the product to the consumer.
Types Of Product Defects
Under the theory of liability, in a product liability case you must be able to prove that the product caused the injury due to a defect. In order... read article

Michael J Babboni

Don’t Speed, Plan Ahead

Don’t Speed, Plan AheadIt’s an accepted fact of life that most drivers in America exceed the speed limit to at least some degree. Civic planners will account for this when it comes to selecting the right speed limit for the right road, and police officers rarely stop cars moving at around 5 miles per hour faster than the posted limit. However, just because there’s a little leniency built into the system doesn’t mean it’s safe to ignore speed limits altogether.
High Speed Means Poor Odds
Excessive speed is the third biggest contributing cause of traffic accidents, right behind distracted and impaired driving. Speeding is also involved in a third of all fatal crashes. Oftentimes people will speed because they’re intoxicated and not thinking straight, but just as often they speed because they’re in a hurry to get somewhere or because they simply believe they will get away with it.

It’s not just on highways that people let loose, either. Around half of all traffic fatalities in which speeding is a factor happen on roads with a posted limit of 50 mph or less. After all, a 10 mph difference is a lot more significant... read article

Michael J Babboni

Proper Maintenance Saves Money And Saves Lives

Proper Maintenance Saves Money And Saves LivesAs a personal injury law firm, we’ve seen more than a few cases where a little basic maintenance could have averted a tragedy. With premises liability laws, also known as “slip and fall” laws, a property owner has a responsibility not only to create a safe environment (or at least one whose dangers are properly labeled), but also to keep up maintenance so that dangerous situations don’t arise out of what used to be safe.
Car Maintenance
No matter the make or the model of your vehicle of choice, it needs regular checkups the same as you. That means changing your oil every 3 months or 3000 miles, of course, but it also means having an expert periodically take a look at everything from your engine fluids to your battery to your tire pressure.

Some fluids are absolutely vital, like radiator coolant and brake fluid, but even windshield wiper fluid can be very important under the right circumstances, such as driving behind another car on a muddy road. If you drive off the road because you can’t see and you can’t see because you forgot to top off... read article

Michael J Babboni

Slow Down For Road Construction

Slow Down For Road ConstructionAs the holidays approach, so approaches the season when many of us pack ourselves into cars and drive for anywhere between a few hours to a few days to visit our friends and loved ones. Spending a lot of time on the road can be stressful, especially if you’re in a hurry to get somewhere, and it certainly doesn’t help your mood when you run into the occasional construction zone which manages to slow the speed of traffic down to a crawl. Still, even if you’re lucky enough to pass through a construction area without having to slow down, you should do so anyway.
Life On The Road
Imagine what it must be like to be a road construction worker. Not only do you have the same heavy machinery and dangerous materials to contend with as any other kind of construction worker, but you also have people speeding by your workplace only feet or even inches away from you, and all you have to keep yourself safe is a set of traffic cones or plastic pylons. In both cases, they serve more as polite warnings than any means of... read article

Michael J Babboni

The Costly Road To Recovery

The Costly Road To RecoveryRecovering from a severe injury is not a simple thing. A broken bone can take weeks to mend, and in the meantime your arm or your leg has to be completely immobile. A deep cut can cost you a lot of blood, and depending on what got cut you may never return to 100 percent mobility. If you’re particularly unlucky you may lose a hand or a foot completely, or if you take a blow to the spine you may be left paraplegic for life. Then there’s the insidious brain injury which might not show its effects for days or even months.

If you’re “lucky” enough to be injured on the job, you’ve got the advantages of workers’ compensation going for you. A severe injury is never a fun ride, but at least with the no-fault insurance program you’re guaranteed to get some money to cover your medical bills and a percentage of your usual wage to cover food and other bills. If you receive your injury elsewhere, such as at home, on the road, or out on a sidewalk, you’ll instead have to rely on your own... read article

Michael J Babboni

There’s Such A Thing As Too Much Caution

There’s Such A Thing As Too Much CautionBeyond the basic rules of the road, every driver needs to be familiar with the principles of defensive driving, the idea that you should watch out for other vehicles which may ignore these rules and act unpredictably. It may rankle you to let these drivers get away with acting irresponsibly, but when it comes to traffic it’s more important to be safe than to be right.

However, as is true with everything else, it’s possible to take cautious driving too far. In the process of avoiding a dangerous situation, you may wind up acting unpredictably yourself and ultimately make things more dangerous for someone else. While it’s good to watch out for what the other guy is doing, you should keep a few things in mind so you don’t endanger anyone else.
Don’t Accelerate From A Tailgater
Tailgating is an unsafe (and mostly pointless) practice where someone drives too close to the car in front of him or her to safely brake if there’s an emergency. Tailgating usually happens when the rear driver wants to go faster and is feeling impatient, and so if you’re the lead... read article

Michael J Babboni

Volkswagen Is Facing Early Losses As The Diesel Scandal Builds

Volkswagen Is Facing Early Losses As The Diesel Scandal BuildsVolkswagen has recently presented its third quarter financial report, and for the first time in 15 years they’ve posted a loss, falling $3.84 billion in the red. That’s a remarkable streak to break, and it’s entirely due to the diesel scandal that broke less than two weeks before the quarter’s end.
A Mixed Bag
VW only went public about their deceptive software on September 18th, but the company has set aside around 6.7 billion in euros to cover some of the expected costs of recalls, fines, and lawsuits, which is why their quarterly profits dipped into the negatives so quickly. At the same time, the company’s stock value has dropped by a quarter and it’s lost its position as the world’s top automaker to Toyota. Admittedly, they’d only held that position for around three months, but going public about cheating on emissions tests is not an auspicious way to lose the title.

Still, Volkswagen didn’t exactly fluke its way into the top spot, nor did it get there on the back of diesel engines alone. Without the money earmarked to pay for the scandal, VW... read article

Michael J Babboni

When Are Enough Warnings Enough?

When Are Enough Warnings Enough?One of the classic examples which people will point to as an example of liability law going too far are the supposedly obvious warnings which companies seem to attach to anything even remotely dangerous. A coffee mug will bear the sign “WARNING: HOT,” for instance, or a microwavable dinner will warn you to “Handle with Care” once it’s finished cooking.

At the same time, however, knives still don’t bear any disclaimers that say “CAUTION: BLADE IS SHARP.” So how do we determine when you need a warning and when you don’t? As it happens, there are a couple of Florida cases which illustrate just how far a warning system needs to go.
Seelbinder V. County Of Volusia
One September day in 1994, Volusia weather stations observed a lightning storm approaching their county from the south, and so their beach supervisor turned on a red light in the south and got people out of the water. However, the storm quickly passed overhead, doing no damage.

Soon after, they observed a second storm coming in from the northwest and the supervisor switched on a red light for the north beaches. As the lifeguard... read article

Michael J Babboni

Why So Many Auto Recalls These Days?

Why So Many Auto Recalls These Days?2015 has been an incredible year for vehicle recalls. Millions of cars, trucks and SUVs have had to go back to the shop to fix problems ranging from bad wiring to hackable software to airbags that throw shrapnel around like a grenade to diesel engines which cheat on their emissions tests like a stereotypical jock in math class. In fact, the only year to beat out 2015 is 2014, the year that Takata airbags and GM ignition switches prompted millions of recalls which eventually reached a number equal to one quarter of all vehicles on the road.

But 2015 didn’t reach its recall count solely because of big news scandals and the fact that the Takata and GM campaigns are still ongoing. There’s been a real, quantifiable change in how car companies are treating recalls, and they seem to be getting more and more proactive as time goes by. So what’s ultimately responsible for this change in their approach?
1. Regulators are growing teeth. Regulatory agencies are so chronically underfunded that it’s a punchline, and so agencies like the National Highway Traffic Safety Administration are basically forced... read article

Michael J Babboni