Injuryboard Commentary - car accidents

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

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

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

Friday: Minnesota Winter Awareness Week - On the Road

Mike Bryant — Fri, 20 Nov 2009 12:31:00 GMT

Sponsored annually by the Department of Public Safety Division of Homeland Security and Emergency Management (HSEM), last week was Winter Awareness Week. Each day was devoted to a different topic concerning winter safety. To help with the effort, cities across the state are holding forums, providing daily winter safety tips and publicizing the effort in local newspapers and on city websites.

The week is broken down as:

Day 1 Surviving Winter Weather
Day 2 Outdoor Safety
Day 3 Fire Safety
Day 4 Indoor Air Issues
Day 5 On the Road

The Minnesota Safety Council recommends the following tips:

Make sure your car is ready for the season. Throughout the winter, keep your gas tank at least half full to avoid gas line freeze.
Avoid traveling, especially alone, if severe weather is threatening.
Before taking a trip, inform someone at your destination of your expected arrival time and your travel route.
Stock your car with basic winter driving equipment: a scraper and brush, small shovel, jumper cables, tow chain and a bag of sand or cat litter for tire traction. Also include road flares, a blanket, heavy boots, warm clothing, and a flashlight with batteries.
Keep an emergency survival kit in the car, including high-energy food such as a chocolate bar or energy bar.
If your car has been outside during a snowfall, brush all the snow off before starting out. Snow left on the front hood will blow into the front vent and cause defrosting problems, and can also melt and re-freeze on the windshield. Snow on the roof will cover the rear window and snow on the rear deck will blow onto tail lights. Pay particular attention to cleaning off headlights and tail lights so that other motorists can see you.
Adjust your speed to the conditions and increase following distances.
Remember that bridges and overpasses can be more slippery than other parts of the road. If you begin to skid, remain calm, ease your foot off the gas and turn your wheels in the direction you want the front of the car to go. If you have an anti-lock braking system (ABS) apply a steady firm pressure to the brake pedal. Never pump ABS brakes.
If even after following all precautions you find yourself stranded, stay calm and stay put. Staying in your car will decrease your risk of frostbite or hypothermia and increase your chances of being rescued. Run your engine for heat about once an hour, (every half hour in extreme cold.) Make sure your exhaust pipe is clear to prevent the back up of carbon monoxide. Leave one window slightly open. Tie a piece of brightly colored cloth to your antenna to alert others and aid rescuers. Limit your sleep to short naps.
Consider keeping a cellular phone for use during emergencies. For long trips, be sure the batteries are fully charged and consider bringing a spare battery. Keep the phone and batteries warm to avoid quick power drain. Because driving requires your full attention, it is recommended that you find a safe place to pull off the road when you need to make a call.

Identifying the reason behind the week the HSEM press release identified the issues:

Over the last 10 years, more than 50 people drowned after falling through thin ice, and 65 percent of ice drownings were vehicle related. Last winter, 22 people died in snowmobile accidents; half those fatal events involved alcohol or drug use. And during 2005–2007 in Minnesota, officers reported snow or icy road conditions in nearly 41,000 crashes that resulted in 159 deaths and 13,000 injuries. Clearly, people are being “surprised” by weather conditions."

The plan is, no matter how harsh the winter, to make sure everyone is safe and alive at the end of it.

Originally posted at InjuryBoard by Mike Bryant

Helpful Hints In Selecting a Child Car Seat

Ed Normand — Fri, 13 Nov 2009 17:03:08 GMT

Baby Car Seats - Did you know...

Often parents move their child from a baby car seat to a full-size safety seat too soon. Data from crash-testing reveals that a baby is better protected in a rear-facing seat because the seat gives better support to the baby’s head and neck, and distributes the crash force over a greater area of their body. The general rule of thumb is to wait until your child is at least one-year of age, and weighs at least 20 pounds, before you move your child to a full-size safety seat. If your child weighs more than 20 pounds, but is still under a year of age, it is best to keep him/her in a rear-facing seat. The National Highway Traffic Safety Administration (NHTSA) and the Academy of Pediatrics (AAP), along with car seat safety advocates, now also recommend that babies remain in a rear-facing seat as long as possible, up to the weight limit of the seat. If the weight limit of the seat is 30 pounds, these groups recommend that it is best to keep your child rear-facing until they reach the weight limit of the seat.

Originally posted at InjuryBoard by Ed Normand

Car Accident Preparation: Your Best Defense

Christy Thompson — Sun, 08 Nov 2009 02:24:27 GMT

When you've been in a bad car accident, there's plenty to handle that seems so overwhelming. Before talking to insurance companies or engaging legal counsel, there are a few things to consider for your own personal wellbeing and for your family.

Accident Preparation:

Anyone can have a car accident at any time. Prepare for this possibility by carrying a disposable camera in your glove box along with additional proof of medical and car insurance, any documentation of health issues, a list of emergency contacts, and a notepad and pen to document the particulars of the accident, including the insurance information of other parties involved in the accident and license plate numbers.

Medical Attention:

Whether or not you went to the emergency room, a full spectrum of physical assessments should be considered: do you need a CAT scan or MRI? Do you need X-rays? Before you do anything else, see your primary care physician to determine the breadth and depth of your injuries. Ensure that any change in your physical health caused by the accident are properly documented, and ask for copies from your health chart as you may need them for your attorney or insurance providers.

Mental Health:

Was the accident sufficiently severe to cause mental health issues? Did you lose a loved one? Was a child lost, or someone close to you injured seriously? Did you yourself sustain injury that will irreversibly change your daily life? If so, you will want to engage the services of a mental health professional, such as a psychologist, therapist or psychiatrist.

Physical Therapy:

If recommended by your health care professional or emergency room staff, physical therapy should begin as soon as soon as directed. Regardless of what may be going on legally or with insurance companies, make sure that you tend to the needs of your body by staying on schedule with prescribed physical therapy.

The Police Report:

Typically, a police report documenting the details of the car accident will be available within five to seven days of the occurrence. The report is retrievable from the police department within the jurisdiction where the accident occurred. Before agreeing to anything from yours or any other insurance company, get a copy of the police report. If you are physically unable to do this, a family member or friend can obtain the report for a nominal fee (usually five to seven dollars).

Your Final Will and Testament:

In the event of the worst case scenario, you want to make sure that all of your affairs are in order. Regardless of your age, if you operate a motor vehicle, having a final will and testament will behoove your family and ensure that your final wishes are met. No one wants to consider this possibility, but endeavor to consider how well served your family will be in your absence should such a catastrophe occur. A final will and testament could be what makes it possible for your loved ones to carry on more comfortably in the event of a tragedy.

This list of considerations will save a great deal of time for you and your family both before and after an accident and if you decide to engage legal counsel. Remember, before making any statements to any insurance companies in the event of a serious accident, enlist the assistance of a lawyer you can trust.

Originally posted at InjuryBoard by Christy Thompson

States Incentivized to Ban Texting While Driving

Christy Thompson — Wed, 04 Nov 2009 19:27:00 GMT

Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while driving.

It wasn't long ago that talking on a cell phone while operating a motor vehicle was considered the most dangerous use of a handheld device. With all the new applications such as cell phone Internet browsing, texting (SMS), photo texting (MMS), and e-mail applications available on devices such as the RIM BlackBerry and the Mac iPhone, a quick chat on a morning commute starts to seem a far lesser evil.

Texting and e-mailing while driving take the driver's eye off the road. This coupled with the mental distraction caused by focusing on a handset and responding to a priority e-mail from the boss, for example, have proven to be lethal uses of handheld devices.

The ALERT Drivers Act of 2009 (S.1536, introduced by Sen. Charles Schumer [D-NY]) proposes to lower fatalities and other car accidents caused by texting by calling individual states to action. How? By cutting federal funding for highways by 25% in states that do not enact a law prohibiting "writing, sending, or reading text messages or e-mails while operating a motor vehicle" (111th Congress, First Session).

The Distracted Driving Prevention Act of 2009 (S.1938, introduced by Sen. John Rockefeller [D-WV]) proposes to make the use of handheld devices a primary offense (meaning the driver does not have to be violating any other moving violations laws). S.1938 also proposes a minimum fine with heightened fines after multiple offenses, both criminal and civil penalties to vehicle operators who cause accidents while enaging their handheld devices, and penalties to minor drivers who are using cell phones in any capacity.

Both bills are still in their infancy -- the ALERT Drivers Act of 2009 was introduced in July of 2009 and was referred on the same day to the Committee for Senate Environment and Public Works. The Distracted Driving Prevention Act of 2009 was introduced on October 27, 2009 and was referred to the Committee on Commerce, Science, and Transportation just two days later on October 29, 2009.

Most of us who follow bills like these know that sadly they usually die in committee. For those who wish to support these and other bills regarding cell phone and texting-while-driving bills, visit www.opencongress.com and click "Support this Bill."

Auto accidents, including fatalities on US roads and highways can be greatly diminished by bills such as these that incentivize individual states to ban texting and e-mailing while driving. This could very well be a turning point in traffic safety laws that dramatically lowers car accident injury and death.

Originally posted at InjuryBoard by Christy Thompson

More Dangers of Distracted Driving

Ed Normand — Tue, 03 Nov 2009 12:38:14 GMT

A client of mine was forever maimed in a recent car crash, but she wasn’t even driving. Jane was walking in her neighborhood, in broad daylight, when a car veered off the road, and mowed her down. Jane now has a broken hip, a collapsed lung, and two broken legs, a fractured spine and may never walk again. What is even more sad is that this was all completely preventable. Jane’s husband is the Home Owners Association President in their neighborhood, and has witnessed countless reckless drivers for months. In fact, he’s been trying to get help from anyone to improve safety in his neighborhood, but to no avail. Drivers have hit everything from light poles and fences, to even homes. Jane’s husband set up multiple surveillance cameras in the area before his wife’s accident, and was able to catch the entire accident on video.
Jane faces months of recovery, and most likely will never be the same. She’s in critical condition at a local hospital, with severe injuries. The video shows the terrible accident, and clearly shows how the car in question ran Jane down. The driver admitted to being distracted when he ran off the road.
I’ve blogged previously about the dangers of distracted driving. For my previous article, please visit: orlando.injuryboard.com/automobile-accidents/dangers-of-distracted-driving.aspx
It is about time the Florida Legislature does something to stop driving while texting and other forms of distracted driving. Studies have confirmed that distracted drivers are less safe than drunk drivers! Lets fix both, perhaps we need a Mothers Against Distracted Drivers group before the carnage stops.

Originally posted at InjuryBoard by Ed Normand

Todd County Field Approach Destroys Wayward Vehicle

Mike Bryant — Mon, 26 Oct 2009 22:55:00 GMT

Friday afternoon, a vehicle heading west on Todd County Road 24 left the road, struck a field approach and rolled . Both the driver and passenger were injured. The police described the car as destroyed.

These are exactly the type of accidents, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, the Little Falls woman 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.

Investigation will hopefully uncover what happened. It will be interesting to see if speed and weather conditions played a role. Hopefully, each of the two occupants will heal quickly.

Originally posted at InjuryBoard by Mike Bryant

Elk River Rollover Sends Driver To Jail

Mike Bryant — Sat, 24 Oct 2009 20:39:03 GMT

Thursday, a Elk River woman was arrested after the vehicle she was supposed to be driving rolled. It is unclear if she had one of five passengers. Also there are questions as to who was injured. Police did find that alcohol was involved.

Rollovers can lead to all sorts of horrible injuries. These are exactly the type of accidents, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, whatever the number of passengers there were, they weren't hurt badly. but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant