When you ride a motorcycle, one thing is certain; physics is against you. You don’t have the benefit of seatbelts, or the sturdy frame of an automobile shielding you from the kinetic forces of impact, so when you hit anything, especially at high speed, if that that object is harder and bigger than you are, you’re quite likely to sustain an injury.
This is especially true when it comes to automobile accidents, where the passengers of a car are protected by a suite of safety mechanisms, while a motorcyclist is prey to everything from the actual impact to additional damage from being thrown from the motorcycle, and hitting the road or other obstacles such as signs or guardrails. The helmet is the one piece of equipment a motorcyclist can wear that makes a huge impact just how serious damage can be in the event of an accident. So if you get into an accident with someone else, and you’re clearly not at fault, can the lack of a helmet have an impact on the outcome of a personal injury case?
There is some big news percolating within the Florida personal injury law community at the present time. It is a matter of interest to attorneys, but it is something that may also have an impact on drivers throughout the Sunshine State. Before we get into it, we should set the stage with some important background information.
When most people think about the implications of an injury accident, they assume that fault is a very big factor. If you are injured because of the negligence of another driver, you can sue the other party to seek compensation for damages, right?
This is the way that it has traditionally worked, and most states do have this type of system. However, at the present time, Florida is not among them. There are 12 states in the union that are no-fault states when it comes personal injury claims after an automobile accident and Florida is one of them. As a result, drivers are required to carry $10,000 worth of personal injury protection (PIP) coverage. If you were to become injured in an accident, you would file a claim with... read article
People often try to undertake do-it-yourself projects for one reason or another. Many DIY enthusiasts are hobbyists, and they genuinely enjoy the time that they spend working on new projects. This is all well and good, but when it comes to a serious, complicated matter like a personal injury case, you would probably do well to engage the appropriate legal counsel.
Though there are legislative measures on the table with regard to changes in the laws, for the time being, Florida is a no-fault state when it comes to personal injury claims. All drivers must carry a minimum of $10,000 of personal injury protection insurance. If you are injured in an accident, you cannot seek compensation from the other driver in most cases. Under state laws, you would be required to seek reimbursement for your medical expenses and lost wages from your own insurance company.
This may sound rather cut and dried, and you may think that is easy to handle a personal injury case alone if you live in a no-fault state like Florida, but may well be a mistake. There are a number of intricacies... read article
If you’ve seen a lot of TV or film that covers aspects of the American legal system, you may have seen either humorous or serious portrayals of people trying to make “easy money” by faking an injury and then going to court for a personal injury lawsuit.
In the case of humorous portrayals, there’s one particular cliché that many people know very well. People get into the mildest of car accidents, sometimes even just a “bump” on the fender, immediately grabbing their neck, and screaming “whiplash!” Then they make a lot of money at court while wearing a neck brace, which they immediately remove once they get home put to the side as they dive into a swimming pool in the mansion their lawsuit made possible.
In part because of jokes like this, and other lawsuits, such as the Stella Liebeck case in 1994, where she was awarded $640,000 from McDonald’s for burning her mouth on hot coffee, many people have the wrong idea about personal injury cases. They believe that the road to success in America is about finding a clever way to fake an injury,... read article
If you get into an accident and someone else is at fault but decides to not take responsibility for his, her or their actions, then this is usually the time to go to court. You should find yourself someone experienced in these matters, such as a St. Petersburg car accident attorney, to guide you through the process of a personal injury lawsuit, and get the financial compensation you deserve.
One of the most important things that contribute to the success of a personal injury lawsuit is evidence. As with a criminal trial, a civil suit requires a jury that needs to have the facts and arguments explained for them so they can deliberate and eventually arrive at a verdict. Evidence of all kinds is important in adding weight to an argument. One of the most important types of evidence are statements from the people involved, whether these are statements they recall making, statements heard by witnesses, or even statements that are caught on camera or some other recording device.
In a trial, these statements are known as “res gestae,” and they can sometimes be critical... read article
The first thing you should do in any automobile accident where injuries are involved is, of course, to take care of the injuries themselves. This means getting an accurate diagnosis of exactly what the problems are, and appropriate treatment for the types of injuries sustained, whether that is treatment for a traumatic brain injury, or the setting of broken bones to heal in a cast.
But if you’re in a situation where you’re injured and someone else is at fault, it’s not fair or right to expect you or your insurance company to pay for the expensive medical treatments required. If someone else caused the injury, it is their responsibility to make things right.
And on your side, it is important for you to ensure that what is made right is exactly what you require and not more than that, otherwise you are committing a crime.
The Fallacy Of Soft Fraud
“Hard fraud” is the act of deliberately trying to create a situation where a person either becomes injured, or, more commonly, fakes an injury in the hopes of getting money from a lawsuit or insurance claim. However, this... read article
Usually when we talk about product or vehicle recalls, we normally think about new products that have just been released to the market. That’s not much of a surprise, since it can take some time and actual usage “in the field” before some product defects make themselves known. Newer products obviously have less time being used than older products and so may be more vulnerable to these defects not being known until after quite some time in general release.
However, it’s not all that unusual for older products to sometimes be discovered, years later, to have a flaw that can present a danger to the owners of these products. We’re seeing that now with BMW. Earlier in May, the National Highway Traffic Safety Administration—or NHTSA—released a recall, in conjunction with BMW, for certain lines of cars from over 10 years ago.
It’s now been found that BMW vehicles in the series 745I, 745LI, 750I, 750LI,760LI and B7 Alpina between the years 2005 and 2008, as well as the 760I from 2006-2008 all have a similar design flaw. Vehicles in these lines that come equipped with... read article
Earlier in the year, the world bore witness to a spectacular failure of customer service and security in the airline industry. In early April, on a United Airlines flight 3411 departing from Chicago and bound for Louisville, four United Airline employees needed, at the last minute, to board the fully booked flight. As a result, the staff on the flight told the passengers, who had paid for the flight, that four of them would need to give up their seats. An offer of $400 was made as compensation, but no one volunteered.
The offer was then doubled to $800, but again, no one volunteered. Finally, the staff made a random selection of four people and told them they were required to disembark the plane. Three of the people selected complied with this and left, but the fourth, a doctor, insisted that he couldn’t leave because he had to treat patients the next day at a hospital in Louisville.
The rest, unfortunately for United Airlines, is history. As the staff grew more insistent, the doctor firmly refused, and eventually city aviation security officers boarded the plane... read article
Negligence in a car accident is a pretty straightforward concept. If you get into an incident where injuries are sustained, and it’s clear that the other driver was at fault for causing the accident in the first place, you have every right to sue that other driver. Someone causing you to become injured through their own drunkenness, distracted driving, or inattention is not your responsibility. Therefore, the cost to you of medical treatment, or subsequent loss of income or limb use should not be your responsibility either.
However, things in the realm of auto accidents aren’t always simple. This is especially true if certain facts come to light, such as a person who is injured not wearing a seat belt. In the event that you are in accident, and someone else is clearly at fault for causing the accident, BUT you were not wearing a seatbelt, how does this affect a personal injury case?
Seatbelt Law In Florida
First, the important thing to consider is whether or not you are violation of traffic law. In Florida, seatbelt laws are simple. Anyone sitting in... read article
There is nothing like taking your bike out for a ride on the open road. The lovely beaches, delightful scenery, and immaculate weather make for ideal conditions to ride in. Rallies and clubs are prominent in the area, so it is of the utmost importance for riders that wear a helmet to pay close attention to this information. A recently issued recall can increase your risks of sustaining a personal injury, but by remaining informed and knowledgeable of the situation, you can avoid these increased risks.
2,454 Potentially Affected Units
Daytona Helmets International is expected to issue a recall, starting in June, on approximately 2,454 units. That is a lot of heads being protected by faulty equipment. These helmets fail to meet the Federal Motor Vehicle Safety Standard, number 218. In the event of a crash, rollover, or fall, the helmet may not adequately protect the rider’s head. This increases your risk of injury. You should avoid wearing these helmets for protection, and seek alternative equipment to help keep you safe. Certain affected models include…
One of the most traumatic things a person can experience is a car accident that results in an injury. But it becomes worse and much more complex when a larger accident occurs and multiple vehicles and people are injured.
In the simplest cases, where only two vehicles and two drivers are involved, it’s a matter of discovering who is at fault, and then pursuing a personal injury case to get financial compensation for the injuries sustained. Because of the complexities of this type of incident, it’s important to get an auto accident lawyer to be both a guide and an advocate during this experience, even when the outcome itself is simple.A proper investigation by a professional can get to the bottom of who is at fault and why.
But when there a vehicular accident with many people and vehicles, as you can imagine, things get much more elaborate and drawn out. This has consequences for everyone, including the people that are injured and trying to get compensation for what has happened.
In a simple case of personal injury, you would consult with your auto accident... read article
Ford Motor Company is expected to begin notifying owners of certain model vehicles due to an increased risk of injury during a crash. The seat frames may have inadequate welds that can cause them to fail during impact. Considering that you can look down Central Avenue, at any given time, and see a variety of different Ford cars, trucks, and SUV’s, this information is relevant to our community. Affected 2017 models include…
All of the units came equipped with a manual driver's seat back recliner mechanism, and in the event of a crash, these seats are likely not to restrain you properly. Head, neck, and a variety of other injuries could occur, as well as death in some cases. Ford is supposed to contact owners directly about the problem. Dealers will inspect the back seat frame and replace it as necessary, free of charge. Owners of these vehicles can also contact the company’s customer service representatives and reference the recall number of 17C08 for accurate and precise information.
Remain Safe On Our Roads
With so many vehicles and drivers on the roadway,... read article
Pulling a trailer behind your car, truck, van, or another vehicle can be challenging, but when the trailer is involved in a recall, it can turn into a nightmare. The trailers involved in these recalls not only pose a hazard to the driver pulling them but also to everyone else on the road, and in some cases even pets.
An Increased Risk Of Crash
There are a 192 potentially affected trailers involved in this recall. That may not seem like a high number, but it is equally as important as recalls that affect more units. Bison Coach, LLC, is expected to issue this recall in June. Certain model year 2016-2018 Bison Horse Trailers are being recalled due to an incorrect Gross Axle Weight Rating. These vehicles fail to comply with the requirements of 49 CFR Part 567, "Certification". Models include…
Trail Boss and Trail Hand
Without the proper labeling, owners may overload the trailers, resulting in an increased risk of a crash. A crash involving a trailer like this puts you, your horses, and other drivers in danger. Your hospital,... read article
Quite often in personal injury lawsuits involving vehicular accidents, we look at the results of “driver versus driver.” That is to say, we think in terms of what happens when one driver is responsible for an accident, and another driver is injured as a result.
But vehicular transportation is rarely about single instances of one driver and another in their vehicle. In many cases, people in cars will be carrying passengers as well. So if you get involved in an accident in a car, and you are injured as a result, but are a passenger, does this change things?
As a matter of fact it does. And in some ways, it may make things even simpler.
The Passenger Injury Claim
As a passenger in a vehicle, you have a much easier time pursuing a personal injury case because, in the vast majority of cases, you have zero liability. This simply means that because you are not driving the vehicle, there is very little chance that you will be at fault for the events that resulted in an accident. This is assuming, of course, that you weren’t doing... read article
We are used to hearing about automotive recalls, but it is not every day that your child’s ride-on toy poses a threat to their safety and well-being. These toys are bought to bring joy, happiness, and fun into the lives of children, but when they are defective or not functioning properly, they can bring injuries, pain, and disappointment. If you purchased a ride-on toy for your child from Walmart, Academy, or Toys R Us, between the dates of June 2016 and March 2017, pay close attention to this information to keep your little driver safe.
19 Reports Of Malfunctioning Pedals And 7 Related To Injuries
Dynacraft has received 19 reports involving malfunctioning or sticking pedals on these toys. They have also received 7 more relating to bruising, cuts, abrasions, and other minor injuries. Allowing your child to continue driving or riding in this toy could lead to them suffering from these types of injuries. Consumers should discontinue use of the item, contact the company’s customer service department, and have the problem addressed before allowing children to ride on them again.
Dog bites are typically the most common type of animal bite that individuals receive, but other animals can bite and cause personal injuries as well. A pet snake, for instance, can draw blood, and inject venom into its victim. Cats can scratch and bite as well, so it is important to know what steps to take after becoming bitten. This information is intended to help any individual that may become bitten or those that have already experienced this nasty occurrence.
Animal bites are painful, so avoiding them is ideal but not always achievable. If an animal is showing aggressive tendencies, avoid them, or if you are at a friend’s house, ask them to put their pet away. Of course, not all animals show aggression before biting, so not all bites are avoidable. Remain aware of your surroundings and give these animals the respect that they deserve to help you remain bite-free.
First Things First
Always make sure that you are safe, and have not sustained a life-threatening injury, before doing anything else. You should be at a safe distance from the animal,... read article
Electrocution hazards and electric shock risks should never be taken lightly. In August of 2016, a plumber from Portsmouth had an unfortunate run-in with one of these appliances. The energized range had become in contact with a grounded object, resulting in the plumber dying from electrocution. We pass this information along to you for exactly this reason. You need credible information like this to keep you and your loved ones safe. We are all in this crazy rat race called life together, and helping your fellow person is important for everyone to remain healthy and happy.
Recall Involving Arçelik A.S. Of Turkey and Beko US, Of Bolingbrook, Illinois
The organizations are voluntarily recalling 6,300 Blomberg and Summit brand freestanding electric ranges. The units were sold at AJ Madison and State Street Discount stores, as well as at other retail stores nationwide. They were also available for purchase through Amazon.com online. If you purchased a new range between October 2012 and March 2017, it is extremely important that look at this information carefully.
There are multiple models involved, as well as a range of... read article
In the moments after an accident has occurred, “chaos” is an appropriate word to apply to the situation. Just seconds before, you were in your car, minding your own business and making your way to your destination. Then, faster than you can process, there’s an impact, you realize your vehicle has made contact with another vehicle, and the accident plays out, resulting in cars possibly leaving the road, or, even worse, injuries occurring.
There are a lot of things that you need to do in the wake of an accident, the most important being that you check to make sure you and any other passengers are okay, or, if it’s clear that injuries have occurred, seek help. And while it may be difficult to keep other things mind as you recover from the accident and deal with the aftermath, one thing is certain. You need to be careful of any statements you make during this time.
Of course, trying to be calm and rational in the wake of a car accident is one of the hardest things you can be expected to do, especially if friends... read article
Door latches, locks, and handles are often taken for granted. These items contribute to you remaining safely tucked away and secure in your vehicle, but what happens when one of them fails to do their job? Your safety is put at risk, injuries can occur, and even death is a possibility. Defective and malfunctioning parts are becoming a common problem in society. New and dangerous recalls are being issued daily, but consumers do not always know where to find this information. The BMW recall information is offered to you by the St. Pete Lawyer to keep you informed about the risks that are associated with it.
Doors May Appear Closed
BMW is expected to issue a recall on certain 2005-2008 vehicles. There are approximately 45,484 potentially affected units involved which include…
745i and 745Li
750i and 750Li
760i and 760Li
B7 Alpina vehicles
All of the models come equipped with Comfort Access and Soft Close Automatic options, and they all pose a threat to your safety and well-being. The doors of these vehicles may appear closed, when in fact, the latching mechanism may not be functioning properly. This can... read article