On Thursday August 5th, 2010 a Phoenix man was struck by a white Chrysler 300 while running across the street to a bus stop. The 56-year old man was running across Hayden Road near Camelback Road when he was struck by the vehicle that was traveling southbound.
Continue Reading...In Grand Junction, Colorado a nine-year-old girl from Aurora has died in a tragic go-cart accident. Taybor Duncan’s go-cart collided with a maintenance vehicle at Grand Junction Motor Speedway. The police department stated that Taybor's go-cart rolled multiple times after it clipped a maintenance vehicle on Sunday morning.
Continue Reading...In Bellevue, WA twenty two middle and high school students are in the hospital after their Boys and Girls Club bus crashes into a Blazer SUV on Friday evening. On the 15300 block of Lake Hills Blvd. at around 6pm the bus crashed into the Blazer SUV and careened across the road before slamming into a tree.
Continue Reading...According to an article by abc15.com, on Friday June 30th a man was transported to the hospital after allegedly being hit by a boat in Lake Pleasant. Authorities have not yet released the man’s name, but he was in his late 60’s and was swimming in the lake as the boat was backing up.
Continue Reading...New legislation has been put into effect in Boston, MA that will put serious regulations on ATV riding, much to the relief of families who have been victims of having their children injured on or by one. The legislation has received some criticism from avid ATV riders.
Continue Reading...According to an article by the New York Times, auto accidents involving prescription drugs are harder to convict and prove as a contributor to an accident or even the sole reason for its occurrence. One of the issues that detectives and police force are facing is that there is no agreement on what level of drugs in the blood impairs driving.
Continue Reading...The Times Leader website has reported that the parents of a 20-year-old man that was killed when his vehicle collided with a tractor-trailer are filing a lawsuit against the driver of the tractor-trailer. Thomas Rogan and Denise Garofalo have filed a lawsuit against Richard Rody and the company that owns the tractor-trailer arguing that Rody acted in a negligent way and this directly caused the death of their son Joseph Rogan.
Continue Reading...A wrongful death lawsuit has been filed on behalf of a man whose wife was killed in a 2008 Maryland helicopter crash. According to the lawsuit, Kenneth Mallard is seeking $7 million in damages arguing that negligence on the part of the FAA led to the death of his wife in the paramedic helicopter.
Continue Reading...According to a report posted on Rochester, NY’s WHEC.com, a 20-year-old man was killed following a motorcycle accident on Thursday. The report states Justin Melia lost control of his motorcycle and hit a guardrail along the side of the road and he was then thrown from his bike.
Continue Reading...The parents of a woman who was murdered in 1986 filed a lawsuit against the LAPD and a former Los Angeles detective arguing that they ignored evidence implicating the detective in their daughter’s murder.
Continue Reading...According to the website nwcn.com, the Natural Balance Pet Food Company is recalling several of its 5 lb. and 28 lb. bags of sweet potato and chicken dry dog food because tests have shown that it may be contaminated with salmonella. According to the report, the dog food was manufactured in December of 2009 with a written “Best by” date of June 2011.
Continue Reading...A man in Clackamus County, Oregon is suing frozen dinner distributor ConAgra Foods after he contracted a strain of salmonella. The man seeks $75,000 in damages as a result of suffering from salmonella after consuming a Marie Callender’s brand frozen dinner meal. The report states that a nationwide recall of the frozen dinners has been announced after 30 other people in 15 states have fallen ill to the same strain of the salmonella virus that the man suffered from.
Continue Reading...A report posted by policeone.com states that a Mississippi police officer died as a result of injuries he sustained in a car accident one month earlier. Deputy David Lambert was driving in search of another deputy when he swerved to avoid another vehicle on the road at an intersection.
Continue Reading...Wvrecord.com reports that a Sissonville, VA woman is suing a company called Slack Group after suffering an electrical shock injury. According to the report, Cathy Seabolt was walking through a trailer park to visit one of the homes when she suffered a shock from a live electrical wire.
Continue Reading...Myfox8.com in North Carolina has posted a news story about a man that was killed in a motorcycle accident in Winston-Salem, NC Wednesday morning. 51-year-old Ricky Neal Myers was driving a 1999 Harley Davidson bike when it ran off the road at an intersection and moved through a grassy median.
Continue Reading...The City Council of Worcester, Massachusetts has given preliminary approval to ordinance that would impose stricter restrictions on owners of pit bull dogs. A decision will be made next month whether or not this ordinance will pass to state law.
Continue Reading...The website Indiananewscenter.com is reporting that a previously unidentified motorcycle crash victim has now been identified. 46-year-old Walter W. Wurmel Jr. was killed in a motorcycle accident that occurred Saturday morning. According to the report, Wurmel was riding a 2000 Harley Davidson motorcycle and he suffered blunt force injuries in the accident which were a direct cause of death.
Continue Reading...In 2008, bicycle deaths represented two percent of all traffic fatalities in the country. On July 5th in Tucson, AZ a 47-year old man was killed while traveling on his bicycle down a Tucson street.
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CBS affiliate actionnews3.com has reported that a motorcycle accident in Blair, NE has left two people dead. The report states that local investigators are trying to figure out what caused the accident that occurred Saturday evening. The motorcycle was reportedly heading eastbound when it veered off the road and struck a traffic sign on the side of the road.
Continue Reading...On Friday July 2nd, a Valley Metro Bus was unexpectedly destroyed Friday afternoon when it went up in flames in Tempe, AZ around Southern Avenue and the Loop 101.
Continue Reading...A Midland, TX family has filed a wrongful death lawsuit following an automobile accident that killed two people. The family of 47-year-old Mariana Lisa Robles of Midland, TX has filed a lawsuit against Justin Pruett after Pruett struck Robles’ head on.
Continue Reading...A 5-year-old boy in Utah was killed after being hit by a vehicle while he was riding his bike. The accident occurred on Thursday evening and the boy died at the medical facility where he was transported following the accident. The report states that a white Chevrolet Lumina struck 5-year-old Andrew Reddig as the vehicle was traveling on a westbound road.
Continue Reading...A Nebraska family is suing the Omaha Housing Authority due to the death of their 7-year-old son. The boy died when a tree limb fell on him. The family is suing for $3 million arguing that the Housing Authority failed to make the area safe for children.
Continue Reading...The Sheriff’s Office in Madison County, VA faces a lawsuit after a former sheriff’s deputy used a Taser on a disabled individual. The lawsuit was filed alleges that Sgt. Scotty Anderson used excessive force against Sammy Harris, a resident of Richmond, VA. According to the report, Harris’ daughter called the sheriff’s office to report a theft. Anderson reportedly arrived at the home and Harris went on a motorized scooter to be with his daughter while she met with Anderson.
Continue Reading...According to the Consumer Product Safety Commission, a voluntary recall has been announced by Campus Cruisers because the front fork could potentially crack or break. As of the time the report was posted, CPSC had received four reports of cracks in the front forks; however, no injuries have been reported as yet.
Continue Reading...A California woman suffered serious injuries and left her a quadriplegic following an automobile accident. According to a report on the website personalinjurybureau.com, the woman was driving a 1997 Ford Explorer when the left-rear tire separated from the tire tread and caused the woman to lose control of the vehicle. The vehicle veered off the road and rolled over into an embankment.
Continue Reading...In Las Vegas, a twenty year old man is dead after a shrapnel from a firework hit him in the chest. The accident happened around 10pm on July 4th in the 6000 block of Pooh Corner Court.
Continue Reading...The News Herald website reports that a 14-year-old boy led police officers on a high speed chase on June 12th that ended with the boy crashing. According to the report, a police officer saw a Ford Taurus driving with its lights off. The officer proceeded to follow the vehicle in an attempt to pull the driver over. The driver attempted to get away from the officer, increasing speed and swerving into oncoming traffic lanes.
Continue Reading...Mercurynews.com is reporting that the parents of two women from Santa Cruz, CA have been awarded $15 in a wrongful death lawsuit against the Enterprise Rent-A-Car company. The lawsuit alleges that a leak in the power steering fluid of the vehicle the two women – 24-year-old Rachel Houck and 20-year-old Jacqueline Houck – were driving caused them to lose control of the vehicle and crash.
Continue Reading...According to a traffic report by the WHO, 1.2 million people get killed by road accidents and over 50 million are left injured or disabled each year. In Holmes County, Florida a woman is dead after her car ran off the road on Sunday morning.
Continue Reading...In Ocean City, MD six people were injured in a boating accident. The boat involved in the accident was a sixteen foot open cockpit boat which was holding seven people when the accident occurred. The boat struck an intercoastal waterway marker injuring six of the people on board, one of them being an eight-year-old child.
Continue Reading...The bond between a pet owner and their pet is often an overlooked companionship. With each special bond that you have with your pets you expect that taking good care of them is enough to keep them from harm. Unfortunately there are items for your pet that can cause them serious injuries and even death. On June 14th, 2010 Iams released a statement recalling their Iams ProActive Health canned cat food in the 3 and 5.5 cans with expiration dates of September 2011 and June 2012.
Continue Reading...According to an article by abc15.com, a valley doctor has been arrested for allegedly assaulting and sexually abusing a female patient. Dr. Galen Johnson works as an OB/GYN in an Avondale facility. On Monday, Johnson was taken into custody after an investigation by the Departments Family Investigation Bureau.
Continue Reading...The News 7 website in Oklahoma has reported that a 12-year-old boy was killed in a motorcycle accident while he was riding on private property. 12-year-old Randy Catron was killed on Monday after he failed to yield to oncoming traffic before entering the county roadways. 20-year-old Jennifer Pack was driving her vehicle when she hit the motorcycle.
Continue Reading...Business week has posted a report stating that two of Ford Motor Company’s vehicles are currently under investigation because the floor mats on the driver’s side may cause the accelerator pedals to stick. The malfunction may affect 249,300 of the company’s 2010 model Fusion and Mercury Milan.
Continue Reading...According to Baltimore NBC affiliate WBAL, a 44-year-old man was killed after his motorcycle struck a light pole when the driver was attempting to avoid hitting another man riding a dirt bike. 44-year-old Alphonso Gaye swerved in his motorcycle in order to avoid the dirt bike rider and subsequently struck a light pole. Gaye died from the injuries he sustained in the accident. The rider of the dirt bike fled the scene of the accident, the report states.
Continue Reading...According to the website newswest9.com, an Odessa man was killed following a serious automobile accident that ejected him from the motorcycle he was riding. The report states that the man was driving along an eastbound lane when an SUV crossed in his path. The driver of the SUV reportedly ignored a stop sign which caused the wreck.
Continue Reading...An accident and explosion that occurred on City Island Bridge in the Bronx, NY after a motorcycle collided with an SUV. Yournabe.com reports that the incident occurred late Sunday night when the driver of a three-wheeled motorcycle lost control of the bike and swerved into oncoming traffic. The rider, 37-year-old Richard Perez was hit head on by an Isuzu SUV.
Continue Reading...The website registercitizen.com reports that a Torrington man is listed in critical condition after suffering severe injuries resulting from a serious motorcycle accident this past Friday. 43-year-old Christopher Sayles was originally reported to have improved from critical condition to stable condition, however, the report states that it was an error on the hospital’s part and Sayles is still listed in critical condition following the accident.
Continue Reading...According to KFGO.com, a wrongful death suit filed by the family of a man who died in a snow avalanche came to an out-of-court settlement. The report states 19-year-old Christopher Volk was killed in an avalanche while cleaning snow from the roof of a building. Volk was cleaning snow away when the snow slid off the roof and Volk jumped off the roof at that time. Volk was subsequently buried in the snow and was killed. Volk’s family filed a wrongful death suit against the company. According to the report, the settlement terms have not been released.
Continue Reading...Pal-item.com reports that two children will be paid $5.6 million following a settlement following the death of the children’s mother. Their mother’s death occurred when a medical helicopter she was in crashed in a rural area in Indiana in 2008. The woman was a nurse who had just taken off in a helicopter returning from a fundraising event for local fire stations. The woman and two other crew members in the helicopter were killed after the helicopter crashed.
Continue Reading...Marketwatch.com reports that two lawsuits have been filed against Proctor and Gamble on behalf of two women diagnosed with neurological ailments that resulted from use of the denture adhesive Fixodent. The report states 45-year-old Faye G. Hobson and 58-year-old Barbara Sue Mendenhall used Fixodent denture adhesive for the dentures they received many years ago. After using the product, the plaintiffs argue they suffered neurological disorders that took away their ability to function normally.
Continue Reading...According to a report on WTHITV.com in Indiana, a man was killed after falling from a scaffold he was standing on. 52-year-old John Garret died from severe injuries to the chest and head after he fell roughly 40 feet onto concrete.
Continue Reading...Hawaii247.com reports that a 62-year-old man was killed in a truck/motorcycle accident. The report states a 31-year-old man was driving a Toyota truck attempting to make a left turn at an intersection when the man driving the motorcycle attempted to overtake the truck driver.
Continue Reading...The news website wiscnews.com has posted a report stating that beginning June 1st, drivers will be required to have auto insurance paperwork up to date because a law will be passed requiring all Wisconsin motorists to have auto insurance.
Continue Reading...Delwareonline.com has a report stating that a 2004 Pontiac Grand Am was involved in a major car accident when it slid off the road it was traveling on and rolled over. The car struck a tree and both occupants of the vehicle were ejected. The two occupants are said not to have been wearing seatbelts.
Continue Reading...WIFR.com in Rockford Illinois reported that a car accident that occurred Sunday night killed one person and injured another. 24-year-old Damien Grube was speeding down a southbound road when he passed a stop sign and crashed into 65-year-old Richard Johnson’s vehicle. Johnson was pronounced dead at the scene and Grube was taken to a local Illinois medical facility with unknown injuries. Grube’s condition was unknown at the time of the report.
Continue Reading...Informationweek.com has a report stating that computer maker Hewlett Packard has increased the number of laptop batteries that they are recalling from 70,000 up to 124,000 units. In the original recall, HP had received numerous complaints of batteries overheating and rupturing and following the recall extension, 38 more incidents had been reported.
Continue Reading...WTHITV.com from Terre Haute, IN has posted a report regarding a man that was fatally injured in a motorcycle accident. According to the report, 61-year-old John Beaty was reported missing on Sunday after he had not returned home. Local deputy officers reported that Beaty’s body and his motorcycle were discovered Monday morning when somebody was driving by and found the body in a creek at the side of the road. There is currently no information on what caused the accident, however, investigators continue to try and determine the cause at this time. Police do not believe high speed driving was a factor in this accident. The report states an autopsy shows Beaty died as a result of the injuries he suffered in the accident
Continue Reading...Businessweek.com has a report that Toyota has halted sales of the Lexus LS Sedan in the United States in order to rectify flaws in the steering wheel. The automaker recalled 3,800 of the 2009 and 2010 LS 460 models as well as the LS 600h L sedans in order to fix a steering wheel condition that could occur in certain driving conditions. A total of 11,500 Lexus vehicles have been recalled worldwide as a result of this steering wheel malfunction. The report states that no injuries or accident complaints have been made as a result of the malfunctioning steering wheel.
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Insurancejournal.com reports that several auto insurance companies have been given fines for various violations. One insurance company was charged $360,000 for mischarging customers for auto insurance. An Illinois-based company was fined $136,000 for conducting business without a license. The report states it is the first time New York insurance regulators fined the Illinois-based company. Other fines were given to several companies and many others lost their licenses due to various violations. The report states the fines that were handed out were the highest that have been handed out.
Continue Reading...27eastnews.com reports that a 19-year-old woman was killed in a motorcycle accident when the driver of the motorcycle lost control and both riders were thrown from the bike. The report states the driver of the motorcycle, 19-year-old Matthew Byank of New York was speeding on his motorcycle when he lost control and veered into the oncoming traffic lane of the road.
Continue Reading...According to a ABC15.com, a tragic car fire ended in serious injuries of two individuals from Mesa. On Saturday afternoon May 23rd, the two people were airlifted to a valley hospital after being trapped in their vehicle that caught on fire.
Continue Reading...The website newsinferno.com is reporting that a New York senator will be introducing legislation to ban cribs that have a rail that drops down on the side. These drop side cribs make it easier for parents to be able to pick up their child when they are in the crib; however, the report states many unfortunate incidents have occurred due to malfunction in the crib rail.
Continue Reading...According to the Ohio News-Herald, a 2-year-old infant required over 200 stitches after suffering a dog bite to the face. Ohio authorities stated the family dog attacked the boy without any deliberate provocation from the boy.
Two men in the Dallas area were killed following a serious motorcycle accident. 45-year-old Paul Bellard was walking across the street when he was struck by 38-year-old Lashon Hudson who was driving a motorcycle. The report states Hudson’s motorcycle front wheel was in the air and Hudson was traveling at a high rate of speed when he struck Bellard. This accident demonstrates the dangers for both pedestrians and motorcyclists.
According to the Chicago Tribune, The U.S. Consumer Product Safety Commision, together with Rashti & Rashti announced a voluntary recall of 44,000 child security blankets that are sold exclusively at Target stores. The reason for the recall is because the blankets pose a choking hazard.
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The website webMD.com is reporting that North Carolina-based Family Dollar stores are announcing a voluntary recall of sets of toy dart guns following reports of asphyxiation deaths linked to the toys. The report states that a 9-year-old in Chicago and a 10-year-old in Milwaukee were killed as a result of asphyxiation.
In an inspection by ABC15, it was found that within the last three years of health inspections for Jobing.com arena, Chase Field and US Airways Center, there have been 712 violations in their food inspections. While each of the violations vary, there were some cases in which there was mold on cheese and mold in the ice machines, there were even rat droppings and slime accumulation.
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The entire jewelry line by Miley Cyrus is being recalled at Wal-Mart. The jewelry line, which includes necklaces rings and bracelets, has been found to contain high levels of the toxic metal cadminium.
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31-year-old New York police officer Carlos Olmeda is in grave condition in Brooklyn, NY following emergency surgery. Officer Olmeda was chasing robbery suspects on foot when a motorcycle struck him and sent him flying in the air. Officer Olmeda landed head first on the pavement and suffered severe head injuries as well as a broken arm and leg. Emergency surgery was performed in order to relieve pressure on officer Olmeda’s brain resulting from the accident.
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AZcentral.com reports thata Glendale police officer on a motorcycle was injured on Thursday after being struck by another car that veered into the lane he was on. The officer was in a turning lane on Sweetwater Ave. when a car rear-ended a truck and subsequently veered into the officer’s lane.
WMBB in Florida reports that a Grand Ridge, Florida man is critically injured after being thrown from his motorcycle when another car struck him from behind. 18-year-old Steven M. Hooppell was struck by 59-year-old Angela D. Jackson’s car causing the motorcycle to flip. Jackson was unharmed in the accident and Hooppell remains in critical condition. The report states that charges are currently pending in the accident.
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A six month old baby who was described as a “very cute happy little baby” was taken to the hospital from almost drowning in a bathtub on Thursday May 5, 2010. According to police reports, the mother left the infant unattended to check her e-mail for five minutes while the water was running.
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The Miami News Times website has posted a report of the death of Florida Highway Patrol Officer Patrick Ambroise. According to the report, officer Ambroise was parked on the side of the road when the car was struck by another car driven by 19-year-old Jonathan Garcia. The collision then sparked a fire inside the officer’s car and he later died at the scene of the accident. Garcia, the driver of the other car, remains in the hospital following the accident. The report does not state what caused the fire in Ambroise’s patrol car.
The city of Fort Worth, TX is offering a record $2 million to the family of a young man who died after being Tasered by police last year. It is the largest lawsuit settlement Fort Worth has ever made for a wrongful death or injury case. This incident is one of more that 350 deaths from Tasers that have occurred in the last decade.
Continue Reading...The Toyota safety problems continue to add up, now including the 2010 Lexus GX 460. Toyota Motor Company has announced that its 2010 Lexus GX 460 SUV has a problem with handling. Toyota's findings are in line with those of Consumer Reports, which warned of the SUV's potential for errant slide and gave it a "Don't Buy" rating.
Continue Reading...As more information is uncovered about the extent of Toyota safety problems and the company's attempt to cover them up, old Toyota safety cases are being reopened. According to Gather.com, Toyota currently has over 100 lawsuits pending for injuries or deaths related to the excessive acceleration problem that caused January's massive recall. As more information has been uncovered, it has been revealed that Toyota's safety problems may go back several years and not be limited to excessive acceleration
Continue Reading...In an Op-Ed column in last Sunday's New York Times, Oprah Winfrey warned about the dangers of texting while driving. Oprah compared the rise of cell phone and texting-related deaths to the rise of drunk driving deaths in 1970s and explained her own policy of forbidding her employees of using cell phones for company business while driving.
Continue Reading...A jury in San Angelo, Texas found Hyundai Motor Company responsible for the wrongful death of a woman due to a reclining car seat. The jury awarded the victim's family $1.8 million after determining that the woman died because her reclining car seat was overly-reclined.
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A California man recently received a jury verdict of more than $21 million from a lawsuit pertaining to an auto accident that caused him to have a debilitating stroke. 29-year-old Michael Nelsen was riding as a passenger on August 17, 2007 when the vehicle he was riding in was rear ended by a truck traveling at least 80 miles per hour. The truck was owned by Hillyard, Inc., a cleaning supply company. Nelsen suffered a broken femur and other fractures and suffered a stroke caused by blood clots the resulted from the accident. The stroke has caused permanent damage to the left side of his brain. Nelsen filed suit against the company and received the $21 million settlement to cover his medical costs and pain and suffering.
When an employee is driving a company vehicle, as in this case, the company is responsible for the actions of those employees. This means that if an employee causes an automobile accident, the company may be held responsible for the resulting injuries. In this case, the injuries to Mr. Nelsen are permanent and will most likely require medical treatment for the rest of his life. This is why the jury awarded such a large judgment against Hillyard.
Injuries can occur in the most unexpected places. In an odd case in New York City, a woman is suing a restaurant after a large stuffed moose head fell of the wall and struck her in the head, leading to a concussion. Raina Kumra was dining at the Scandinavian-themed White Slab Restaurant when the 150 pound moose head fell from the wall and struck her in the head. The incident led to a concussion, chronic neck pain, fatigue, and dizziness. Kumra claims that the restaurant was negligent and put patrons in danger by failing to properly secure the large moose head to the wall.
While this case may at first inspire some chuckles, the incident illustrates a serious problem. Proprietors of restaurants and other businesses have a duty to ensure the safety of their customers. However, safety is often overlooked in favor of looks and entertainment. The large moose head was a part of White Slab’s Scandinavian theme and contributed to its “whimsical” nature, but the proprietors should have also ensured that the moose head was properly secure and did not endanger its customers. If you have been injured at a restaurant or other business due to negligence on the part of the business owners, you should not have to be solely responsible for the medical bills, lost wages, and pain and suffering that result. You should consult an attorney to discuss your case.
The City of Williams, Arizona has settled a $2.3 million lawsuit filed by the family of a Mesa man who was struck and killed by a policeman’s vehicle while riding his motorcycle on Highway 64. James Innes was hit by the police officer on May 20 when the officer, Brandon Hernandez, attempted a U-turn and apparently did not see Mr. Innes. Officer Hernandez was issued a traffic citation, but no charges were filed.
This case illustrates two important issues for motorcycle riders. First of all, it once again shows how susceptible motorcyclists are to accidents when inattentive drivers do not notice them. An internal investigation by the police department determined that the accident was “avoidable,” meaning Officer Hernandez did not exercise proper care and discretion before attempting his U-turn. It requires extra effort and attention to see a motorcycle, which Officer Hernandez apparently did not demonstrate. In addition, since Officer Hernandez was on duty and in a police department vehicle at the time of the accident, this means that the city of Williams, and not Officer Hernandez personally, was the responsible party for the accident. This is why Innes’ family filed suit against the city and not Officer Hernandez. Filing suit against a government agency for a traffic accident caused by one of their vehicles can be a difficult and confusing process, and you need an experienced attorney on your side to do so.
A Northern California man who was left quadriplegic after an accident at a dump is suing the county responsible for maintaining the facility, claiming that if the county had properly maintained it, he would not have suffered his horrific injury. Reginald Soto fell off of a 5-foot-ledge at the Lovelace Materials Recovery and Transfer Station north of Manteca, California on July 8, 2009. His suit argues that the San Joaquin County, which maintains the facility, did not follow proper building and safety codes and should have installed a guardrail to prevent such accidents from occurring. Many other accidents have occurred at the facility due to the lack of a guardrail. According to Soto’s attorney, eight people fell from the ledge between 1995 and 1997 alone, and he is investigating other possible accidents at the facility.
Owners of public facilities, whether they are governments or private businesses, have a responsibility to take reasonable action to ensure the safety of people who come on to their property. In many cases, such as Mr. Soto’s, a simple solution, like a guardrail, could have prevented a tragic and life-altering accident. The fact that this simple solution was not put in place after earlier accidents had occurred demonstrates the possibility of negligence or willful disregard for safety on the part of the operators of the facility. If you have been injured in a public facility, you should discuss your case with an attorney. Your attorney can investigate the circumstances of your accident and determine if the operators of the facility should be held responsible for not properly ensuring your safety
Actor James Woods recently settled a lawsuit against a Rhode Island hospital for his brother’s wrongful death. Michael Woods died at Kent Hospital in Rhode Island in 2006 after suffering a heart attack. The hospital admitted to making mistakes in treating Woods. The settlement will provide for Michael’s family, as well as establish an institute at the hospital in his name and provide $1.25 million for research into new methods and procedures to reduce hospital error and prevent more wrongful deaths in the future.
This case illustrates one of the great fears that many of us have. When we enter a hospital, we are putting our lives and well-being into the hospital’s hands. Even a minor error can lead to severe problems or even wrongful death. A wrongful death caused by hospital, doctor, or emergency responder error can be devastating to a family, especially if the person was financially responsible for others. If you have a loved one who has suffered a wrongful death due to a hospital error, you should contact an experienced wrongful death attorney to discuss your case.
La Salle University recently agreed to pay $7.5M to the family of a football player who suffered a severe brain injury in a 2005 game. Preston Plevretes was a 19-year-old sophomore when he was knocked unconscious, woke up combative for three to five minutes, and then slipped into a coma. He had to have emergency surgery to relieve brain swelling. His family’s lawsuit contends that the severity of the injury was caused in part by a concussion Plevretes had suffered a month earlier in practice, and that the university was liable for allowing him to play after the concussion.
Head injuries in football have recently become a major issue in the national news and while the focus has been on professional players, it is an especially disconcerting issue for parents of junior high, high school, and college players. Schools are legally responsible for protecting the well-being of their students, so when they put them in danger by allowing them to play sports injured, they may be liable for the for the student’s medical bills and pain and suffering. If you believe your child’s school put them in danger and contributed to injuries they suffered, whether in sports or other activities, you should contact a personal injury lawyer to discuss your case.
Recently an Illinois man and his teenage daughter received $6 million in a lawsuit settlement in Joliet, Illinois. It is believed to be a record for Will County, Illinois. In 2006, Richard and Kelly Wright were struck by a pickup truck driven by John Martis when he attempted to turn left at a stop sign. Both Richard and Kelly suffered severe injuries. Richard suffered a fractured wrist and ankle, which required surgery, while Kelly, who was 15 at the time, suffered a severely broken left ankle and a severe right tibia fracture. Though the accident occurred over three years ago, she has not yet fully recovered and is scheduled to have fusion surgery on her ankle later this year.
This case highlights two of the biggest dangers to motorcycle riders. First of all, motorcycles are often hard to see, so are more susceptible to be hit by inattentive drivers, especially at intersections, as in this case. Second, motorcycle riders are more exposed to injuries, so even a minor car-motorcycle accident can cause severe injuries which can incur severely large medical bills. If you are injured in a motorcycle accident caused by another vehicle, you should contact a motorcycle injury attorney to discuss your case.
As a new year begins, people across the country are making resolutions to do a few things differently. Hopefully for at least 4,500 Arizonans, one resolution will be to stop driving while impaired.
Four thousand five hundred is the number of Arizona residents who were arrested for DUI since Thanksgiving. That's almost a 2000 person increase since the holiday season of 2008. The Associated Press reported, arrests for the entire year numbered above 14,000: a 3,500 increase since 2008.
These rising numbers reveal two trends. The first is the good news that increased enforcement has taken more unsafe drivers off the road. Hopefully this will inspire them and others to stay sober behind the wheel.
But, the second trend is of a large number of drivers ignoring the potential consequences of impaired driving and choosing to put others at risk. Preventable injuries to motorists and motorcyclists are caused each week when someone makes the negligent decision to reach for the keys when buzzed or drunk.
We can only hope that public awareness and deterrence can begin to lower number of impaired drivers and the injuries they cause. Perhaps this holiday's spike in enforcement will help spread the message and keep Arizona's drivers a little safer in 2010.
If you're wondering why the car ahead of you keeps drifting out of its lane, consider that this year one trillion text messages were sent by drivers. This shocking fact is revealed in a major study that also indicates the rate of teens texting while driving is on the rise.
This trend is disturbing considering the huge distraction texting poses. Reuters news service reports that texting makes drivers 23 times more likely to be in an accident. Teens texting will surely be at greater risk when their lack of driving experience is factored in. However, in a survey teens reported little concern about the dangers of texting while driving. This growing danger has lead for the call to create a national texting while driving ban.
Phoenix is one of a few cities that does have a ban on texting while driving. But, this does not necessarily mean Arizona roads are safer. In the survey, teens admitted to ignoring such laws. Police also state the laws are notoriously difficult to enforce.
Given that teens and young adults are so reliant on mobile technology and texting, signs point to continued texting even if a national ban is passed. If you are ever in an accident and suspect the driver was texting at the time, that fact may be critical in helping you hold the negligent driver accountable. Your best option is to contact an experienced accident attorney who can help bring that fact to light.
The Arizona Republic published a small blurb about two cars being struck by a Semi on the westbound I-10 in Phoenix. Though the paper dedicated only about five lines, I’m sure that accident was much more significant for those involved.
Accidents with semis, also called tractor trailers, can be terrifying. Their large size and momentum make them imposing figures to nearby cars, trucks and motorcycles. Also, their actions may seem unclear to regular motorists who are unfamiliar with the requirements of driving a big rig.
The Republic did not explain how the accident occurred, but there are several unique risks associated with big trucks. The cars may have been in the large blind spot along the trailer. If the side-view mirrors were not visible to the accident victims, the truck could have merged into them. Additionally, long haul truckers often work at a grueling pace; the driver may have been suffering from fatigue.
The occupants of the smaller vehicles reported minor injuries at the scene, but the symptoms may worsen as the adrenalin wears off. If the truck driver was at fault, the claim “he just did not see them” is not a valid excuse for a negligent mistake. And, those injured motorists are entitled to seek compensation for their injuries and damaged vehicles.
If you find yourself sharing the road with a semi or another large vehicle, be sure to give them a wide berth to avoid an accident. If the road is crowded, at least be sure you are in the field of vision of the side-view mirrors. And, don’t hesitate to use your horn if necessary.
Morning rush-hour can be inconvenient, but this Tuesday’s was much worse for a few Chandler motorists. Three cars were stopped at a red light on Dobson road, when a fourth slammed into the rear car, causing a series of collisions. The Arizona Republic reported, two motorists received significant injuries and were transported to a trauma center and local hospital.
In Arizona, drivers have the responsibility to follow at a safe distance and speed to avoid a rear-end collision. That the victims of this accident were stationary at the light indicates the driver that caused the collision was speeding, misjudged the stopping distance, or simply wasn’t paying attention. Either of these scenarios indicates a situation of driver negligence, the consequences of which injured two innocent people.
There are many potential distractions on the morning commute. Contributing factors include talking on the cell phone, checking email on a wireless device, or trying to save time and eat breakfast or apply makeup in the car. As tempting as these timesavers may be, a driver’s first responsibility remains the safe operation of his or her vehicle and avoiding collisions like the one Tuesday.
Drunk drivers are a threat to anyone on the road: even law enforcement. This was made abundantly clear when a suspected drunk driver slammed into a border patrol vehicle in Southern Arizona. The officer only escaped injury by diving over the guardrail before his vehicle was struck.
The Associated Press reported the agent was stopped on the shoulder of the I-19, assisting a motorist with a flat tire. The suspected drunk driver was recklessly attempting to pass slower traffic when he hit the agent’s vehicle. The driver was transported to a local hospital and is under investigation for impaired driving.
Impaired drivers often make risky decisions and have poor control of their vehicle. In this case, it was extremely fortunate the officer was able to react in time. If he were not present, the motorist with the flat tire could have been killed or severely injured. This is a sobering reminder to take care if your car blows a tire or is disabled on the freeway, and to call the highway patrol or roadside assistance if necessary.
Many assume that motorcyclists are reckless people because riding a motorcycle involves more risk than a passenger vehicle. It is true that motorcyclists in Arizona face many risks when they take to the streets. They risk other motorists not seeing their smaller profile, and they also face the greater risk of injury during collisions. But, the assumption that they are reckless is an unfair judgment not supported by the facts. And worse, this bias sometimes prevents motorcyclists from receiving fair treatment when a collision does occur.
One motorcyclist in El Mirage suffered a serious leg injury Wednesday when struck by an oncoming vehicle. This potentially deadly head on motorcycle accident occurred at 6:45 p.m., on Dysart Road near Olive Avenue.
The assistant police chief told the Arizona Republic, there was no indication the motorcyclist was speeding. However, focus on the motorcyclist’s speed propagates the bias that motorcyclists are irresponsible drivers and are typically at fault because they “knew the dangers” or “chose to take the risk.”
In fact, the vast majority of motorcyclists follow the rules of the road precisely because they know the risks and want to avoid injury. The Hurt Report and MAIDS study show that very few motorcycle accidents are caused by excessive speed. Instead, the majority of collisions occur when a driver of a larger vehicle violates the motorcycle’s right of way. The biased notion that motorcyclists take undue risks, though clearly not based in truth, still makes it difficult for motorcyclists to get a fair hearing from the law and the insurance companies. Hopefully this motorcyclist makes a quick recovery and can concentrate on getting well, instead of the hassle of dealing with obstructionist insurance companies.
There is some unusual new evidence showing the danger of driving while talking on a cell phone. It is common knowledge that a driver on their phone is distracted, but to what extent? Do they notice turn signals? Brake lights? …A clown on a unicycle?
Yes, a study in Western Washington University found that most students talking on a cell phone while walking were so distracted they did not notice a clown in bright purple and yellow clothes riding a unicycle nearby. In fact, a staggering 75 percent of students on their cell phones were completely oblivious to the clown and were surprised when surveyors pointed him out.
This creative example demonstrates why talking on a cell phone is particularly risky when driving. Two other scenarios—pairs of students talking and individuals listening to music—each saw better results than cell phone users. The author of the study commented, “a cell-phone conversation is just harder to maintain; it takes more effort; it's harder to understand the other person; it's harder to get the timing right. It's just a much more difficult task.”
This difficulty is what causes distractions and risks accidents. Arizona does not currently have a cell phone ban, but distracted driver laws are in effect in communities throughout the Phoenix area. And as this study colorfully illustrates, the distraction of cell phone use while driving put other drivers, pedestrians and even clowns at risk.
Four valley residents narrowly escaped serious injury early Sunday morning after their car was struck by a speeding drunk driver. The Arizona Republic reported that the driver slammed into their vehicle while they waited at a stop light on Camelback Road, near Scottsdale Fashion Square.
Police say the driver, Thomas Duwyenie, was drinking underage and driving at unsafe speeds. These negligent errors very nearly killed four innocent people who did not have time to react. The drunk driver was seriously injured, and taken to the hospital. When released, police say he could face alcohol-related charges.
Luckily, in this case, those inside the struck vehicle apparently escaped without serious injury. However, rear end collisions, often cause soft tissue damage, such as “whip lash,” that might not be immediately evident. It would be advisable for these victims or any victims of a car accident to seek medical care to find any injury that may have been masked by the adrenalin rush.
This is an example of the possible consequences when someone chooses to drink and drive, but it could have been much worse. Impaired drivers often do not realize they risk the lives of others when they get behind the wheel. It is common for victims of impaired drivers to suffer serious injuries such as broken bones, paralysis, and head trauma. Thankfully, that was not the case this Sunday morning.
Soon after you recover from the shock of an accident, the first thing you should think about is, “how do I go about settling with the insurance company without being taken advantage of.”
You should consider settlement as two separate transactions. One for your property damage and the second for your injury.
Settling property damage claims is relatively straight forward. Your vehicle needs to be repaired or replaced and the cost of each can be determined by simply contacting repair shops and car lots to obtain estimates for repair or replacement costs for vehicles that are totaled.
Some property damage issues are in fact more complicated, such as the value of custom vehicles or the diminished value of damaged vehicle upon sale. These issues require special knowledge and negotiation.
The area requiring the attention of an attorney with investigation and negotiation expertise is that of a bodily injury claims attorney.
The value of these claims are mainly subjective necessitating knowledge of the insurance company tactics as well as local values of similar injuries.
For example, the value of an injury claim in Arizona is different than the value of an injury claim in California. The value of these claims are based, in part, on the amount juries award for similar injuries in local courts.
The likelihood of receiving the maximum value for an injury claim is substantially enhanced by a speedy investigation and an experienced negotiator.
I'm frequently asked about whether accepting a "quick" settlement for a minor accident claim isn't better than waiting several weeks or months after the accident.
The problem with a "quick" settlement is that an injured person only gets "one bite at the apple", and if the injury turns out to be worse than first thought....you are out of luck!
To be safe you should wait at least four months after you are symptom free to consider settling your accident claim, even for a minor accident.
What if the accident was not my fault and that fact was clearly documented in the police report, do I need a lawyer to resolve my claim with the insurance company?
Maybe, but lets look at the question in more detail.
You may not need an attorney if the only harm caused was the damage to your vehicle and the insurance company agrees to:
1. Pay to have your vehicle repaired at a mechanic or body shop of your choice; and
2. Pay the reduced value of your vehicle because the market value of a vehicle that has been involved in an accident is worth less than it was before the accident.
But if you have been injured in the accident, then you definitely need an attorney to evaluate your damages and make sure you are treated fairly by the insurance company.
This, among other things, may involve:
1. Investigating the accident;
2. Interviewing the witnesses;
3. Recommending physicians;
4. Negotiating a reduction of your medical bills;
5. Negotiating a settlement of your claim with the insurance company;
6. Litigating against the insurance company’s attorneys on your behalf.
You should at least discuss your accident claim with an attorney, soon after the accident, to determine whether you need their services or whether your accident claim can be resolved without their assistance.
Many times immediately after an accident, even though a person is injured, the adrenalin rush minimizes any pain. Because of this condition, individuals requiring emergency care may postpone obtaining treatment.
Within a day or two after the accident, pain otherwise absent begins to appear.
This delay in diagnosis and treatment can result in increased injury, prolonged care and rehabilitation.
In addition, it may appear to the untrained observer that an injury should be present immediately after an accident and therefore any delayed appearance means that the injury has been manufactured.
The lesson to be learned is that anyone involved in an accident should be seen at a hospital emergency room or by a family physician as soon as possible.
Remember, early evaluation and treatment can avoid costly and painful consequences.
It was Sunday and I was reading “The New Yorker” magazine when I came across an article written by John Seabrook.
It concerned a speech given by Phillip Howard promoting his new book “Life Without Lawyers.” As reported, Howard talked about “lawyers who hang out at the intersection of tragedy and greed.”
Well, that got my attention and my dander up.
He went on to praise President Obama’s call for “a new era of personal responsibility” and told the audience that Americans are constrained by too many rules and that “any time someone gets angry they can sue.”
Considering the fact that the world is in the worst economic position in history next to the great depression caused by an American administration that abandoned rules and ignored enforcement, I am surprised he had any audience at all.
The problem Mr. Howard fails to address is the unequal balance of power that enabled financial institutions to run amok.
The same unequal balance of power exists in industry enabling pharmaceutical manufacturers to place deadly drugs in the marketplace, tire manufacturers to sell defective tires, and the insurance industry to abuse its policy holders.
Personal responsibility without the power to stand up to the abusers of power is slavery.
It is the brokers of power that “hang out a the intersection of tragedy and greed.”
The equal balance of power is indispensable and one only hopes that President Obama’s new era of personal responsibility includes an new era of industry accountability.
You bet. After your car has been repaired it is worth less, even if it looks and drives as good as it did before the accident.
Your car has suffered “diminished value” and you are entitled to claim that loss along with the other losses you have suffered in the accident.
Your attorney will need to have a property damage expert examine your car, before it is repaired, if possible, and also review the damage estimate prepared by the body shop.
The expert then determines what the market value for your car is before and after the accident and provide you with his professional evaluation of the loss you have suffered.
The loss can depend greatly on the type of vehicle, the mileage, the condition it was in before the loss, and the local, and sometimes the national market value for your vehicle, at the time of the loss.
Former clients call and ask for advice about what to do when they are involved in a minor auto accident.
They tell me that they have been in an accident but, other than being a little sore, they feel fine. They go on to say that the insurance company has offered to repair their car, pay for their emergency room visit and give them $500 for any “inconvenience”. What should they do?
This happens so frequently that it does not take me long to reply. I tell them the story about a similar call I received when I first started practicing law.
Many years ago, a young woman called for her husband who had recently been involved in a “minor” collision. She told me that since he had only been sore for a couple of days after the accident, he agreed to settle his claim for $1,500 (which back then was a great deal of money for a “no injury” claim).
Six or seven weeks later, his soreness became radiating pain which eventually required surgery costing many thousands of dollars. However, since he had given up his right to recover, he was not able to be compensated for any more than the original $1,500.00.
The lesson is, don’t be in a hurry to settle a “minor” collision accident, even with only “a little soreness”.
Injuries may take time to develop and mature. As a general rule, settling any claim in less than six months may not be a good idea.
Every injury is different and the decision to settle should not be made in haste.
Consulting with an attorney soon after the accident in order to get a professional opinion about the specific facts of your accident is sound advice, even coming from an attorney.
A semi-truck in Phoenix, Arizona kills three and critically injures a fourth occupant of a passenger car by running a red light according to an article by Emily Dean, appearing in the Arizona Republic on April 6, 2009.
Why did the driver of the semi-truck run the red light? Was it inattention or something more sinister, like fatigue as a result of not adhering to federal law requiring frequent driver rests when traveling interstate?
Unfortunately, driver fatigue is much too common when commercial pressures force interstate drivers to violate safety regulations.
Our prayers go out to the family of the victims of this tragedy and we can only hope that the owners and drivers of semi-trucks adhere to regulations designed to protect the public.
In Arizona, as in other states, when an injury is claimed in litigation the defense is entitled, as a matter of right, to have the injured plaintiff examined by a physician.
In Arizona, these exams are entitled, “independent medical examinations” and are conducted by hand picked physicians who are anything but “independent”.
Although reason dictates that the defense should be entitled to have the plaintiff claiming an injury examined by a physician, the system as it now exists is merely gamesmanship.
These “independent” physicians uniformly prepare reports which claim that the injured plaintiff is not injured at all, but in fact is only seeking money.
These reports become suspect when the same “independent” physician writes the same boilerplate report for every plaintiff being examined.
As was recently reported in a New York Times article written by N.R. Kleinfeld, Dr. Hershel Samuels, an independent medical examiner in New York state’s workers’ compensation system stated that, “If you did a truly pure report, you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby”.
Another method for obtaining a truly independent medical examination and evaluation, for the defense, would be for a list of physicians to be assembled by the court. Every medical examination requested by the defense would be conducted by one of these physicians, on a rotating basis, from this list.
When gamesmanship ends, justice can begin.
Motorcycles - It’s not that we ignore them on the highway nor is it that they sneak up and surprise us. The reason we don’t see them is a function of the human brain. We are wired not to see motorcycles unless they are conspicuous.
Our primitive brain was much more aware of potential danger than our civilized brain. In our ancestral past, we perceived threats to ourselves and our fellow tribesman and reacted by fleeing or fighting. However, contemporary man has lost the instinct to readily recognize danger or timely react to it.
What can be done to prevent colliding with a motorcycle, knowing that its difficult to recognize?
Well, first of all, motorcycle manufacturers have already recognized the problem and have made motorcycles more conspicuous by wiring its lights to remain on when the motorcycle engine is turned on.
Both automobile drivers and motorcycle riders must make a conscious effort to anticipate one another. This isn’t easy because it runs against our nature and biology, but with practice we can raise the level of our awareness.
When highways are constructed or repaired there are hazards that, if motorists are unaware of, can be fatal. One such hazard is the roadway drop off.
A roadway drop off is where a newly paved portion of the road adjacent to the dirt portion of the road drops off without warning. This drop off, if deep enough, can cause the driver to lose control of his vehicle and not regain control before striking another vehicle or concrete road embankment.
Drop offs are more likely to occur on undivided rural highways with higher speed limits (between 45 and 70 mph) where drivers encounter twists and turns, driveways and oncoming traffic.
Good highway design and construction requires that the drop off on a highway where the speed limit is 55 mph should be no greater than one inch.
In addition, designers should provide space at the shoulders of highways to enable drivers to take evasive maneuvers to avoid potential crashes.
According to the American Association of State Highway and Transportation Officials, “well-designed and properly maintained shoulders are needed on rural highways with appreciable volume of traffic.”
When we board a bus we assume that a large vehicle provides an extra degree of safety; however, our assumption is wrong.
Buses are dangerous because bus companies are not required to have buses equipped with modern safety equipment and existing safety regulations are not uniformly enforced by the government.
For example, seat belts aren’t required in buses, there are no requirements for roof crush support structures, nor are there requirements that buses have ejection resistant windows.
Bus safety is low on the government’s priority list and the bus industry is pleased.
Even the simplest regulatory measure to ensure that bus drivers are qualified to operate a bus safely is neglected by regulators.
There are many bus accident where bus passengers are thrown about and injured because there are no seat belts. When a bus overturns and lands on its top there is little to prevent the roof from crushing down and seriously injuring and killing passengers. Also in a bus rollover it is common for passengers to be ejected from bus windows and injured or killed on the highway.
There are many long standing safety features that would improve bus safety and save lives, but they haven’t been required by the government.
Perhaps under the Obama administration we will now see a new emphasis on bus safety; until then, drive your car or take a plane.
To learn more about bus safety, go to The Federal Motor Carrier Safety Administration.
Being involved in an accident is bad enough, but dealing with the negligent driver’s insurance company can add insult to injury because they take advantage of your lack of experience in such matters.
To protect yourself, there are a few things you need to know about what to do at the accident scene. You will also need to understand how the other driver’s insurance adjuster will approach your claim.
The Accident Scene
Always call the Police.
Even though the party responsible for the accident apologizes and offers to pay for the damage, always call the police to the scene.
Some benefits of a police investigation:
1. There will be an official report of the facts of the accident and a diagram of the scene.
2. The accident report will contain the names and addresses of all persons involved, including witnesses.
3. You will obtain the other driver’s insurance information.
4. The police officer may be a witness to any admission of fault made by the negligent driver.
Witnesses
Locating witnesses is important. If you are able, get each witness’s name, home address, business address, and phone numbers while you are still at the scene. Even though the police officer may get these names as well, it may be some time before his report becomes available to you.
If you are seriously injured, a good investigator is a wise investment.
All witnesses should be interviewed by a professional investigator, as soon as possible, before memories fade or the insurance company’s investigator has a chance to influence the witness’s version of the accident.
Witnesses are usually candid about what they observed, however, a well trained insurance investigator can influence a witness’s answer through a well crafted question.
Towing Away The Vehicle
The company that is selected to tow your vehicle away from the scene is important. If the police have the vehicle towed, make sure its taken to your repair shop and not to a tow yard, because the average tow company will charge you for every day the vehicle sits at their tow yard.
Photographs
If you have the opportunity to take photos of your vehicle and the other vehicles involved, take them. As the saying goes, “a picture is worth a thousand words,” and a picture taken at the scene may be worth much more.
Reporting the Accident
The responsible driver may or may not report the accident to his insurance company. If he doesn’t then you should.
Preparing to Settle Property Damage
If you suspect that your vehicle is a total loss (vehicle is not repairable or the cost of repair exceeds the replacement cost), contact several dealerships that sell your brand of vehicle and ask them for a letter stating the sales price of that make and model with similar mileage and similar condition.
If your vehicle is damaged and repairable, contact several dealerships for an estimate for the cost of the repair.
You will then have the ability to negotiate a settlement with the insurance company of your property damage only.
You may also be entitled to an amount for “loss of use” of the vehicle from the time of the accident until the time your vehicle is repaired or the time you receive payment for the totaled vehicle.
Get to a Physician
After an accident you may feel sore, but don’t believe you are seriously injured. Be aware that it sometimes takes days or perhaps weeks before serious injuries are apparent. It is always a good idea to visit your physician as soon as you can get an appointment. If you are unable to get an appointment within a day or two, then get to an emergency room for an examination.
The Insurance Adjuster
This is where things can get frustrating. Remember, you are not being singled out, it’s just how “they” do business.
It is not uncommon for insurance adjusters to engage in the following tactics:
1. Not returning your phone calls.
2. Delays in processing your claim.
3. Requiring you to sign authorizations permitting them to get all your medical records, even if the records have nothing to do with the injuries you received in the accident.
4. Requiring you to be examined by the insurance company doctor, before you finish treating with your own doctors.
First, let me say that, you can’t eliminate the frustration of the unreturned pone calls or delays in processing your claim. However, as to the other tactics, you are not bound by the insurance adjuster’s demands.
Releasing Your Medical Records
Don’t sign any authorizations for release of medical information for the other driver’s insurance company. The physician-patient relationship is private and there is legal duty that a physician not disclose any of your medical information without your permission.
There may be personal and confidential information contained within your medical records which may be unrelated to the injuries you suffered in the accident.
A better way to provide relevant medical information to the insurance adjuster is for you to obtain a copy of your medical records from your treating physician, for the visits pertaining to the accident.
You can then provide a copy of those records to the insurance company, along with a letter instructing them that you are not releasing any of your medical records which do not pertain to the accident. You should also write that you are giving them the specific records for the limited purpose of settling your claim.
Before sending the insurance company a copy of your medical records, read the records yourself to make sure they don’t contain any non-relevant, personal information.
The Insurance Doctor
Insurance companies have “their” own doctors and may ask you to submit to a physical examination. It is not uncommon for the insurance company doctor, after they “examine” you, to say that you are fine and that any further care is unnecessary.
You should rely on your own physician’s opinion on your condition and on any future care you may need.
Don’t agree to an “insurance” company doctor examination as long as you are under the care of your own physicians.
Some attorneys believe that you should never agree to an insurance company physician examination unless ordered to through legal proceedings.
Our next article will discuss bus accidents.
Victims of serious motor vehicle accidents find that they have entered a world in which their lives are now controlled by insurance adjusters and lawyers.
We have created this blog so that these unfortunate souls may become familiar with the landscape as quickly as possible.
At first blush, the facts of an accident may appear simple and straightforward. “The truck hit my car and I was injured.” However, there are a host of “hidden factors” which can either hinder or enhance the pursuit of justice.
All serious accident injury claims justify an in-depth investigation to uncover potential “hidden factors.”
A “hidden factor” is information that is not apparent on the surface, requires investigation to discover and is critical to the outcome of an accident insurance claim.
For example, the “accident” may not have been caused by mere inattention, but instead may have been the result of an intentional violation of federal safety regulations, making the “accident” inevitable. Armed with the additional information, the accident victim’s claim will be significantly enhanced.
The “hidden factor” may involve a tire manufacturer who, in order to cut corners, manufactures an inherently dangerous tire. Or, it might be a highway designer who fails to consider the safety risks his design poses to the average driver.
We will address many of these “hidden factors” in future postings.
However, even if the accident is in fact straightforward without any “hidden factors,” understanding the investigation and claims process will help set reasonable expectations.
Our next article will discuss the insurance claims process.
The “Accident Information Law Blog” (AILB) provides readers with information necessary to appreciate the issues and options available in the pursuit of safety and justice.
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