Injuryboard Commentary - Car Accident

Two Single Car Accidents Remind Us That Winter Driving Requires Extra Care

Mike Bryant — Wed, 02 Dec 2009 09:47:00 GMT

Wednesday night, two separate collisions in northern Todd County were reported. Todd County Sheriff personal believe that snow played a role in both incidents.:

Around 7 am a eastbound pickup on Todd County Road 73 west of Hewitt lost control 73 and rolled.
An hour later, a southbound 2003 Chevrolet Cavalier on Todd County Road 23 near Hewitt went out of control, went into the ditch and rolled.

This is exactly the type of accident, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, all of those involved will recover quickly, but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

Despite the warm November it won't be long until we see winter conditions across the state. For all Drivers winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

Sgt. Jeff Wenker of the Marshall Police Department made a number of great suggestions concerning winter driving. They included:

Watch the weather, don't travel if the weather is bad
Carry extra clothing, extra blankets and extra food with you and a heat source such as Sterno or candles is not a bad idea to take along.
An empty can, such as a coffee can, can be used for bathroom breaks. Toilet paper and hand wipes could be useful, as well.
If you are on medications, always carry extra.
Don't store extra water in your vehicle because it will freeze, but take extra water with you before you leave on the trip.
Make sure your cell phone is fully charged and bring a charger with you.
Let someone know the route you will be taking and do not deviate from it.
Take your time. A four-hour trip might take five. It's easier to drive slow when you've allowed the time.
If you do slide off the road or have to pull over due to the weather or road conditions: Your car can be an effective shelter so don't leave it unless you have to. Windchills are dangerous and can kill if you are exposed for too long. A vehicle offers some protection from that.
If it's a white-out, you don't want to walk out, because you can lose your way.
Run the engine 10 minutes every hour to help keep you warm. Bundle up in the extra clothes and blankets.
Keep the windows open a crack so you stand less chance of being poisoned by carbon monoxide. Check the tail pipe periodically and clear it if necessary to keep the exhaust from coming back into the vehicle.

Hopefully, all of the suggestions will lead to lives being saved and people making it home safe this winter.

Originally posted at InjuryBoard by Mike Bryant

Jury awards $89 million against drunken driver in fatality collision

Jeremy Thurman — Tue, 01 Dec 2009 17:22:17 GMT

According to stlttoday.com a Missouri jury has awarded $89 million in damages to the family of a man killed in a 2008 crash with a drunken driver, and to the man's fiancée and daughter.

According to the article, the lawyer for the family stated

he doubts his clients will ever see a fraction of the money. But he said the jury's disgust with drunken driving was unmistakable.

The story further details the egregious facts of the case. It states

that Troy Zerna, 20, at the time at the crash, was already driving on a hardship license after a previous DWI when he caused a head-on collision Feb. 2, 2008, on Highway 100 near Gray Summit.

Zerna's blood-alcohol level was 0.20 percent, 2 1/2 times the legal limit to drive, according to Missouri Highway Patrol testimony at the trial.

This is a prime example of a jury sending a clear and unequivocal message to all those who dare drink and drive. The general public is fed up with losing fathers, mothers, sons and daughters to people who purposefully risk the lives of others by drinking and driving. While this verdict took place in Missouri residents of Oklahoma should take note. The size of the award (which very little will likely be recovered) is a lesson about accountability, not collectability.

Originally posted at InjuryBoard by Jeremy Thurman

Marshall County Tractor-Trailer Accident Kills Three Oklahomans

Jeremy Thurman — Tue, 01 Dec 2009 11:48:30 GMT

According to newsok.com, a tragic tractor-trailer collision has taken the life of a man, woman and a 2-year-old boy. Apparently, these individuals died on a Marshall County highway Monday afternoon after a tractor-trailer rig slammed into their car near Kingston in southern Oklahoma.

According to the article

Erin Hudson, 31, and 2-year-old Paul Hudson, along with a 33-year-old man whose name hasn't been released, all died at the scene after the big rig slammed into the passenger side of the car, the Oklahoma Highway Patrol reported.

Investigators said the collision occurred at 12:49 p.m. after driver Erin Hudson failed to yield at a stop sign as she entered U.S. Highway 377 from State Highway 32.

This accident underscores the tragic consequences that can occur when a tractor-trailer collides with an automobile. Our prayers and sympathies are with the families of those lost.

Originally posted at InjuryBoard by Jeremy Thurman

Tiger Woods Crashes Car after Rumors of Sexual Affair

Joe Crumley — Fri, 27 Nov 2009 15:34:56 GMT

News services Friday afternoon reported that Tiger Woods, the best golfer in the world, was seriously injured in a car wreck outside his Florida home early in the morning. Later reports indicated the injuries were not serious.

Woods apparently left his suburban Orlando driveway atand struck a tree and fire hydrant, causing serious facial injuries. Woods, who at 33 has consistently matched and exceeded all golfing records, may have heard recent internet and tabloid reports that he was having an affair with Rachel Uchitel.

The news reports regarding the crash did not intially reference the infidelity stories, but the blogosphere soon began questioning a link.

The police report, above, indicates the one-car crash occurred just outside Woods' driveway.

The Orlando Sentinel reported:

Woods was transported to Health Central Hospital in Ocoee in serious condition, FHP said. No other information about his condition has been released.

A Health Central hospital employee said at 2:30 p.m. that Woods was not a patient. A hospital operator would not say if Woods had been treated and released.

FHP said the airbags in Woods' Cadillac Escalade did not deploy, which means the vehicle was traveling under 33 mph.

Orange County Fire Rescue received the call for aid at 2:28 a.m. Woods was transported from his Windermere-area neighborhood by the hospital's own ambulance.

An Orange County Sheriff's Office official said his agency received it's call for assistance at 2:27 a.m. An operator was told the driver was injured and still inside the vehicle.

FHP did not report the accident until just after 2 p.m. today. The agency said the crash remains under investigation and charges are pending.

Golf fans the world over are hoping for the best for Tiger.

http://www.youtube.com/watch?v=Zb2qJpDR6PQ&feature=player_embedded

http://www.youtube.com/watch?v=FUnNq1lFFbU

In any car wreck with injuries, assesing damages can be an issue. Wage and income loss, in particular, can be difficult to assess. Tiger Woods, the richest athlete in the world, would be an extreme example. How much would Tiger lose if he couldn't golf?

Tiger crashed his own car, and it sounds like he won't be seriously injured. If another driver were involved, insurance coverage would be a major issue. No one carries enough insurance to fully compensate Tiger, should he be unable to work.

For Tiger, and anyone else injured in a car accident, getting a lawyer who will be able to calculate and argue for full and fair lost earnings would be crucial. My partner Mike Bryant, and I have been representing such people for years, and have written many articles and taught many classes to other lawyers on these subjects.

Originally posted at InjuryBoard by Joe Crumley

Things to Never Tell an Adjuster – “I’m Not Injured”

Jeremy Thurman — Wed, 25 Nov 2009 10:13:00 GMT

As an Oklahoma City car accident attorney a common battle I face on a daily basis is the adjuster telling me I have your client recorded stating “I’m not injured.”

In almost every circumstance, the adjuster has two goals when he or she makes contact with you immediately following an automobile accident. First, they always want you to say that your “at fault.” Secondly, if there is no way around liability, they want you to say “I’m not injured.” Why? Its quite simple they want to use this statement in a potential settlement and/or litigation to show that you are lying about your injuries regardless of the truth.

You have to realize that car wreck injuries do not immediately show up. Often, pain does not show up until a few days after the car accident. For example, brain trauma may not immediately manifest itself and sometimes shows up in the following days with symptoms of dizziness, vomiting and light sensitivity. Other “soft tissue” injuries such as whiplash and back strains also may not show immediately do the adrenaline rush many people experience after a car wreck.

Accordingly, its important to never admit that you are not injured and always contact an attorney to maneuver you around the potholes that an experienced insurance adjuster will try to get you to fall in.

If you or loved one has been injured or a loved one killed in an auto accident, McIntyre Law, P.C. has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.mcintyrelaw.com or call toll free 1-866-917-5200 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Jeremy Thurman

Pedestrian Accident in Phoenix brings up Personal Injury Question

Christy Thompson — Tue, 24 Nov 2009 14:00:28 GMT

On November 18, 2009 at approximately 3:45pm MST, an Arizona pedestrian was struck by a car in the Cave Creek, Phoenix area. To date, no witnesses or cameras have been able to concretely confirm whether the pedestrian was within the crosswalk or not.

I found this to be an interesting story for a couple of reasons. Most people who are not educated in the realm of personal injury have a notion that I think comes from some sort of urban legend. That notion is that the pedestrian always has the right-of-way. While this is most often the case, a person operating a motor vehicle has the better defense if that pedestrian was not in a crosswalk, and was in fact, crossing the street.

A pedestrian will most likely be held responsible for an accident if they are not in a crosswalk if they are hit by a car. It's that simple, perhaps unfortunately. At the same time, imagine the circumstances of the motorist — not on a cell phone or otherwise disengaged from his or her driving responsibility — but simply driving, when suddenly, someone just walks right into the road.

These are the facts we must consider when applying the law in a personal injury case that involves a pedestrian. Likewise, as attorneys that deal with personal injury law on a consistent basis, it is also our job to inform our clients and people in general that pedestrians do have rights, but they also have responsibilities.

Originally posted at InjuryBoard by Christy Thompson

It's not the tree, but about control, speed and distractions.

Steve Lombardi — Tue, 24 Nov 2009 12:01:00 GMT

On October 17^th 2009 Luke Schneiders was driving east of Sioux City when he failed to negotiate the curve around the 5900 block of Correctionville Road left the roadway and hit a tree dead on. Luke Schneider died as a result of the injuries suffered in the crash. It is still unknown what exactly caused the crash and Mr. Schneiders was not wearing a seatbelt. He was driving a 2000 Oldsmobile. No word on the reason for losing control.

http://www.youtube.com/watch?v=qNTAhSfojhc

But here is what I wonder, what was the driver distraction or was it just a factor of speed. Young drivers need to understand driving on the highways of Iowa is about control, speed and driving without distractions. That is what will keep you alive. Control those three things and chances are you can control your risk of an accident.

http://www.youtube.com/watch?v=WfeGgzlrA3s

Originally posted at InjuryBoard by Steve Lombardi

Man in Coma for 23 Years Heard Everything

Jeremy Thurman — Tue, 24 Nov 2009 10:04:22 GMT

Imagine being trapped in your own body. When you think of being trapped the first thing that may come to mind is being confined, now think about the only thing confining you is your brain. Your loved ones are all around you trying to talk to you; meanwhile, you lay there and cannot speak. You scream, shout, cry, smile, and even laugh occasionally but no one knows but you. Now imagine this has been going on for 23 years. Recently in Brussels, Belgium this nightmare is one man’s reality. Recently made public in newspapers and internet sites throughout the world is the story of Rom Houben, a 46 year old man, who was involved in a car accident 26 years ago. Up until 3 years ago this man was thought to be in a vegetative state, but thanks to new brain scanning technology they discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally. Dr. Steven Laureys, a neurologist at the University of Liège in Belgium, has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. Dr. Laurey’s study states that up to 40% of cases labeled vegatative state, upon closer examination are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and they are making considerable progress.

This grim reality could happen to any one of us. A simple trip to the grocery store could put you or a loved one in a hospital bed, one that they may never get out of again. In the United States in 2008 per every 100,000 population, 12.25 people were killed (FARS DOT). While every year less and less people are dying on the roadways, there are still severe injury accidents that occur. Every day I count my blessings when I make it home safely, and I was not responsible for somebody’s pain and suffering.

Originally posted at InjuryBoard by Jeremy Thurman

Unadulterated Negligence When Deciding to Get Behind the Wheel Drunk

Emily Mapp Brannon — Mon, 23 Nov 2009 15:13:00 GMT

The prevalence of drunk drivers is becoming a big problem. In a survey made by www.alcoholalert.com, alcohol related deaths make up for 37% of all vehicle fatalities that happen in the US. In order to drive safely, one has to be alert, focused, and capable of making quick decisions when encountering certain road conditions; all these abilities diminish when under the influence of alcohol. Alcohol leads to poor judgement, loss of body coordination and delayed reflexes and the blurry vision. More often than not, teen drivers have a much higher likelihood to be involved in a drunk driving accident.

The National Highway Traffic Safety Administration, U.S. Department of Transportation, compiled a drunk driving statistics which gave out staggering facts. Out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving. About 28% of teenagers killed in motor vehicle crashes were drinking either before or while they were driving. Around 64% of teenagers who were involved in fatal drunk driving crashes were reportedly not wearing their seat belts.

The Center for Disease Control and Prevention (CDC) also compiled a drinking and driving statistics that showed more than half of the drunken driving accidents involving teenagers were reported on Friday, Saturday or Sunday. It also showed that about half of these accidents occurred between 3:00 pm and 12:00 am. However stringent the rules are about the minimum drinking age, drunk teen accidents is still rising in number. It is the parent’s responsibility to shape their kids and know their activities and whereabouts. Rules can be bent when parent’s supervision is not implemented as well.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Crossing Guard and Child Struck By Negligent Driver

M. Brandon Smith — Mon, 23 Nov 2009 07:01:00 GMT

This past Wednesday, a driver hit a student and school crossing guard in front of Martin Luther King, Jr., Elementary School, according to Clayton News Daily.

The female crossing guard was escorting a 9 year old boy across the street when the driver struck both of them. The crossing guard’s name has not been released. The 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road when the pedistrian accident occurred.

The driver of the car, Donell Lee Adams, 59 years old, has been charged with failure to obey a crossing guard and driving with a suspended license. Adams’ license has been suspended since August of 1995.

The 9 year old boy was released to his mother after she responded on the scene. When Clayton County rescue responded, the crossing guard was taken to Henry Medical Center. The guard had minor injuriesccording to early reports. Adams also was transported to a local hospital after feeling ill.

Officer Otis Willis, III, a spokesman for the Clayton County Police Department advised, “Adults need to be aware of the school season, and pedestrians, and be aware of their surroundings,” he added. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”

Originally posted at InjuryBoard by M. Brandon Smith