Many times, motorists in cars prove to be negligent behind the wheel, causing accidents that affect those riding motorcycles. Car drivers often fail to acknowledge riders or give them space while on the road. In any accident, however, the motorcyclist is at risk for suffering the worst injuries. In Florida, riders cannot get personal injury protection coverage on a bike, so staying as safe as possible is essential.
]]> Reports show fatal accidents involving older motorcyclists are on the rise. In 2010, 44 percent of people who were killed in a motorcycle accident were over the age of 45. Therefore, the director of the Department of Highway Safety and Motor Vehicles is asking for all motorcycle enthusiasts to make sure they are up to date on safety precautions and ride training. Even if a person has been riding for several years, brushing up on safety precautions can be very helpful.For now, the state attempts to increase motorcyclist safety by adding laws for riders. These include passenger foot pegs, eye protection which does not include the bike windscreen, gloves to protect the hands, footwear that can grip road surfaces and other items of clothing including a jacket and pants.
As more and more riders head out on their bikes, keeping these safety precautions in mind may go a long way in preventing an accident. At the very least, they can minimize the damage that may be suffered in a motorcycle accident.
Source: TBN Weekly, "Motorcyclists should think about safety," May 9, 2012
]]>About two million car crashes a year are related to misuse of the turn signal. Drivers fail to activate a turn signal when doing such things as changing lanes. It is also confusing to other motorists when a driver neglects to switch off a turn signal when it is no longer needed. A research study reveals that motorists engage in such improper use of turn signals about 48 percent of the time, an astonishingly high figure. Even when making a full turn onto another street, motorists make such errors approximately one in every four instances.
]]> This adds up to about 2 billion instances of improper turn signal usage every single day in the U.S., or an astronomical cumulative 750 billion turn signal errors a year. The 2 million car accidents caused by this greatly overshadow the 950,000 car accidents a year attributed to the problem of distracted driving which has received so much media attention.Police appear to have not put a very high priority on enforcing turn signal rules. Researchers who conducted the study of turn signal problems are advocating that the problem be partially addressed with a technological solution which they label the "Smart Turn Signal."
Such a device, they contend, could help deter multi-vehicle crashes by giving drivers a reminder if they seem to be ignoring their obligation to use their turn signals. It could also switch off an activated turn signal after a specified period of time, or once it sensed that a lane change had been successfully accomplished. Hopefully, the improved technology and increased attention being paid to this behavior will help to lower the number of accidents.
Source: msnbc, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein, May 1, 2012
]]>The report indicated that the flight crew improperly tried to circle and land at an airport in terrible weather in violation of all established standards and procedures. There was heavy rain blowing against the plane, and the pilot's available visibility was grossly impaired. Instead of landing on the air field, the plane smashed into the surrounding hills.
]]> The pilot was characterized as snobbish and harsh towards his five other crew members. There were claims that the pilot humiliated his co-workers until they all remained silent even in the face of his obvious and dangerous mistakes. None of them moved to intervene and take control of the plane even when it became apparent that they were about to crash.There were indications that the pilot was confused shortly before takeoff as he mixed up various landmarks. He was disoriented as to the plane's geographic location and exhibited signs of anxiety, confusion and preoccupation, according to investigators. He essentially ignored 21 audible warnings issued by safety systems on the aircraft, which should have told him that immediate action was needed to avoid a crash.
The report found no indication of mechanical problems with the airplane and ruled out any possibility of sabotage or an impact with an external object, such as a bird. Instead, the blame for the accident was placed squarely on the pilot and crew.
Source: New York Daily News, "Crew blamed for Pakistan's worst ever plane crash," April 25, 2012
]]>This lawsuit was filed in Colorado and sought damages for both emotional distress and negligence from a cleaning company. According to reports, the dog died after being struck by a car during the time that employees from a cleaning service were performing work at a woman's house.
]]> The woman left the dog in the care of a cleaning woman from the service while she left the home to run some errands. The woman offered to take the dog to a day care, but the cleaning woman insisted the dog was fine to stay.When the homeowner returned later, she discovered that the front door was unlocked and she could not find her dog. She eventually found her dog's body beneath a table in the dining room. She later learned that the cleaning woman had seen the dog rushing into the street after escaping from the house, and observed her being struck by a car. The cleaning woman spoke briefly to the driver and the dog ultimately came back in the house.
Instead of calling for help after the accident, the cleaning woman left the house. There was no note left for the woman and no indication of what had happened. The dog died before the owner returned. Had the cleaning woman contacted the homeowner, the death of the dog may have been prevented.
In any situation when a family member is hurt or killed, negligent parties should be held responsible. As mentioned, however, animal legal issues are quite different from personal injury issues. What do you think? Should pet owners be able to collect financial compensation above the replacement value? Should negligence resulting in the death of a pet be punished in the same way that negligence resulting in the death of a person is?
Source: ABC News, "Colorado Woman Awarded $65,000 After Dog's Death," Christina Ng, April 20, 2012
]]>A 7-year-old girl in Tampa, Florida died on April 11 when a heavy metal entrance gate at the apartment building she lived in fell on her. The accident occurred at approximately 7 a.m. while she and other children who live in the area were on their way to their school bus stop.
]]> The child's screams brought residents running. It took at least four nearby adults to attempt to take the heavy gate off the child's bleeding body. They found that they were unable to do so, partially because one of the girl's legs had become entangled between the gate's bars. Emergency personnel responded but were unable to save her and she was pronounced dead soon after.Residents of the rental complex assert that they have previously complained about the property management's lack of compliance with building codes and failure to perform necessary maintenance. They also noted the presence of what they describe as other rickety fences on the property as well as a hazardous burned out apartment unit. One of these fences is frequently climbed through by children traveling to school, according to tenants.
Had the owners of the complex responded to the tenant's safety complaints, this accident could have been prevented. When a person is injured or killed because of unsafe conditions on a property, the owner of the premises should be held responsible.
Source: WTSP, "Tampa girl dies after apartment gate falls on her," Kathryn Bursch, April 11, 2012
]]>The accident took place when a Buick Century went to turn left and collided with a motorcycle, driven by a 22-year-old man from Apollo Beach. The man behind the wheel of the Buick was 100 years old, adding to the already raging debate whether elderly drivers should be subject to increased testing prior to having driving privileges renewed.
]]> The 100-year-old man did not seem to know many details about the accident. He said that the events unfolded so quickly and the next thing he knew, he was looking out into the road where the fallen motorcyclist was laying.The elderly man speculated that the motorcyclist must have collided with the car and gone over top of it. The victim was brought to a local hospital where he was listed in critical condition. The biker suffered two broken arms and a broken knee and ankle. He also sustained minor brain injury and a significant wound on his chest.
Florida is home to many drivers like the elderly man, with 455 licensed drivers being 100 years of age or older. There are also 65,000 licensed drivers between the age of 91 and 100. While stereotypes often fly about how dangerous these elderly drivers are, the Florida Department of Highway Safety and Motor Vehicles said drivers over the age of 90 have the lowest rate of crashes in the state. However, in some situations, these drivers have poor eyesight, may suffer from dementia or other mental health problems and do not have the same reaction time of younger drivers.
Motorcycles are harder for some people to spot since they are much smaller than a large vehicle. In many cases, a motorcyclist is struck by a car who did not even notice them. Sadly, motorcyclists are also among the most vulnerable people on the road, so an accident can cause serious injuries or death for a motorcyclist. Victims of a motorcycle accident may choose to pursue financial compensation for the pain and suffering they may experience following a crash.
Source: Tampa Bay Times, "Motorcyclist, 100-year-old driver collide," Danny Valentine and Shelley Rossetter, April 5, 2012
]]>The Florida Highway Patrol stated that it sees about 20 to 25 hit-and-run accidents per day in Central Florida. This average could very well be a higher figure if you take into account hit-and-run accidents that the Florida Highway Patrol does not handle. In 2011, the FHP handled 8,684 hit-and-run accidents, equating to around 724 per month. The number of these accidents has surged in recent years, considering the fact that the daily average was 10 to 14 just four years ago.
]]> It is one thing to cause a fender bender and take off to avoid the ramifications, but a hit-and-run can turn into a cold-blooded murder when a driver causes a fatal crash and then tries to duck responsibility. Fatal hit-and-run crashes are also on the rise in Central Florida.Drivers who often flee the scene of a fatal accident instead of complying with law enforcement are often under the influence of either drugs or alcohol or do not have a valid license, members of the FHP said.
Getting to the bottom of a hit-and-run accident can be a time consuming and tedious process, too. Not only do police officers have to locate the vehicle that was involved in the crash, but they also have to sift through evidence to determine which individual was actually behind the wheel.
If officers are unable to do that, they cannot make charges in the case. However, with the help of a legal professional, alternative resources may be used to determine who was at fault for the accident. Once that is established, victims and their families may be able to pursue financial compensation.
Source: The Daytona Beach News-Journal, "Hit-and-runs on rise in Central Florida," Lyda Longa, April 2, 2012
]]>The Boeing 737 is the most popular plane for inter-city flights. In fact, one of these planes takes off or lands every 2.5 seconds. Boeing had cornered the market with the 737's advantageous combination of durability and speed. The plane quickly became the worldwide "workhorse" model.
]]> That all changed with the advent of the Airbus A320, which used updated technology and nearly dethroned Boeing's 737 altogether. Boeing's answer was a new generation of 737 with shiny, new features, but the designers left out one major improvement. The original fuselage design, now decades old, had been retained.The older models were plagued with structural problems along the outside of the fuselage. The newer models, which retained the same design, were doomed to the same fate. The result has been that the skin has been increasingly ripping off of the planes during transport. An April 2011 incident underscores the dangers associated with the outdated design. In this incident, more than 118 passengers were nearly killed when a 737 lost cabin pressure and performed an emergency landing. A hole nearly 60 inches long and 9 inches wide had been ripped in the fuselage.
That plane had only flown for about half of its expected serviceable life, an alarmingly low number. Luckily, the passengers on that plane landed safely, but given other conditions, they might not have been so fortunate.
Although relatively few people are injured or killed in plane crashes every year, the number might continue to grow if airline companies refuse to modify their outdated structural designs. In cases where a plane has substandard or defective parts, victims of an accident may be able to pursue compensation.
Source: The Daily Beast, "Is Boeing's 737 an Airplane Prone to Problems?" Clive Irving, March 19, 2012
]]>After hearing the jury's ruling, the family of the victim is filing a civil suit against the Florida Department of Juvenile Justice, in the hope that future occurrences of neglect will be avoided.
]]> The case began after the young man died in July as a result of sustaining head injuries while in containment. The victim had shown signs of distress, though nothing was done by detention center staff.According to court documents, the first cause of head trauma was the fault of the guards, who dropped him while searching him. The second blow to the head came after the man was dizzy from the first, stumbled and collided with the corner of a table.
Following both injuries, the man allegedly began seeing hallucinations, was screaming and told the guards his head hurt. Reports add the guards watched but did nothing to help the man in any way. Then, early in the morning, the man threw up, had an involuntary bowel movement and was placed in a medical confinement cell. He soon died after that.
The jury has requested staff accountability and improvement through training at the detention center, and has pressed state legislators to begin working on a law that will be able to criminally charge those responsible for such death circumstances.
Also, the department secretary said he will make sure new policies are adopted in order to improve the department.
Holding people accountable for an unnecessary death is important. As seen in cases like these, there may not be adequate laws protecting people from the negligence of others. Filing a lawsuit may go a long way in preventing the devastating accident from happening again.
Source: WPTV, "Grand Jury: Eric Perez, held in youth detention, died of brain injuries after six hours of neglect," Peter Franceschina, March 9, 2012
]]>The victim has suffered from limited mobility and chronic pain as a result of the incident. The woman received about $90,000 for past and future medical expenses in addition to $325,000 for pain and suffering.
]]> The accident happened in 2009, when the 58-year-old woman slipped and fell on a puddle of soap while walking in the food court area of Costco. The fall caused her to shatter her kneecap, according to her attorney. Although many store employees walked by the puddle prior to the accident, none of them stopped to clean up the mess. The employees blatantly violated store policy and procedure, say the woman's attorneys. The source of the soap is still unknown, although it may have dripped from a passing shopping cart.The victim has suffered from limited mobility and chronic pain as a result of the incident. The woman received about $90,000 for past and future medical expenses in addition to $325,000 for pain and suffering. The woman and her attorneys said they are pleased with the outcome of the case.
Retail establishments and other public facilities face significant risk of premises liability claims from a variety of sources. Slips and falls are particularly common, which is why restaurants and other establishments must be certain to maintain a clean and safe environment for patrons.
Not only can these businesses be held liable for injuries resulting from slips, falls, equipment malfunctions and other environmental conditions, but they can also face civil sanctions for violent crimes that occur on their premises. Consumers should know that injuries that occur in retail or food service settings may be caused by negligence on the part of the business owner, and financial compensation may be available to those harmed while in these public facilities.
Source: Pasadena Star-News, "Covina woman awarded $415,000 following slip and fall at Industry Costco," March 7, 2012
]]>In a recent accident in Florida, six motorcycles were traveling together on State Road 40. They were behind a man driving old sedan which was pulling a trailer. The driver of the car stopped in the middle of the road to turn left, but reportedly failed to turn on his blinker. The motorcyclists behind him could not tell that he was stopping, either, because he did not have any brake lights.
]]> One of the motorcyclists attempted to go around the stopped car and ended up clipping the driver's door. That rider was injured and had to be flown to the hospital and was reportedly in critical condition.The other riders were able to avoid the car, but one suffered minor injuries after he had to lay down his bike in the road. Despite his efforts, he still ended up injuring his head and getting road rash.
The driver of the car in this case reportedly claimed that the motorcyclists should have been wearing helmets to avoid injuries. Nevertheless, in Florida it is not a legal requirement for adults over the age of 20 to wear a helmet while riding a motorcycle. It is, however, against the law to fail to indicate a turn and to not have working brake lights. Car drivers need to be aware and respectful of the motorcycles around them. When they are not, serious injuries can result and the driver can be held responsible for any damage.
Source: Ocala.com, "Two injured in motorcycle crash along State Road 40," Austin L. Miller, Feb. 29, 2012
]]>Aggressive driving is a broad term that includes a variety of illegal behaviors that could lead to a potentially fatal car accident. Drivers who weave between lanes, tailgate, speed, drive drunk and behave recklessly are most likely to be targeted by the crackdown efforts. Officers say that cell phone usage can also contribute to aggressive driving. Drivers may get into an argument with the person on the other end of the line, which could cause their anger to spill over into their driving behavior. Distracted driving can also play a role, officers say, including individuals who read books or eat while driving.
]]> Troopers are optimistic that the new efforts will provide an overall benefit to public safety throughout the region. Some departments say they average about 10 to 12 calls about aggressive drivers every day, demonstrating the impact of this dangerous practice. Florida has been consistently ranked as one of the most dangerous states in which to drive, and aggressive driving is a significant contributor to this public safety problem.Officers report that not everyone is thrilled about the new initiative. Many drivers are upset when they are pulled over for aggressive driving offenses. However, motor vehicle operators need to realize that irresponsible behavior behind the wheel is a real danger that can lead to fatal consequences. Officers hope that the new initiatives will help people realize that aggressive driving accidents don't just happen to "other people"; anyone can be affected.
Source: News-Press, "Florida Highway Patrol to crackdown on aggressive driving," Feb. 26, 2012
]]>There were indications that the plane may have exhausted its supply of fuel, leading to an inevitable crash landing. The plane went down in a forested area in Mississippi. The pilot, luckily, was able to get in touch with local 911 emergency rescue dispatchers following the crash. He was able to stay conscious long enough to be able to use his cell phone to call for help.
]]> Poor visibility in the area hindered the aerial surveillance search for a few hours. The thickness of the forest was also an obstacle for the rescue teams, making it hard to pinpoint the crash's exact location. Emergency responders were able to eventually find the debris of the plane as well as the pilot.The pilot was treated by emergency personnel on the scene and then rushed to a local medical center where he is reportedly in critical condition and has suffered a cut on his head.
Surviving a plane crash is rare, and the causes of aviation accidents are often complex. While the immediately cited reason for the plane crash was an absence of fuel, many questions remain. Was there a problem with the plane that unexpectedly expended the fuel? Was the plane improperly maintained which may have led to inaccurate fuel readings? In other planes accidents, the fuel in the plane was determined to be defective. Additionally, if the pilot failed to heed low fuel warnings, it could have potentially been a case of pilot error.
Results of an investigation into the crash have not been released. Based on the findings, however, the pilot and his family may choose to seek compensation. Experienced plane crash lawyers are required to apply sophisticated knowledge and experience of aviation rules to make sure that the victims of such accidents are protected.
Source: NYC Aviation, "Pilot Rescued Hours After Mississippi Plane Crash," Feb. 15, 2012
]]>Previously, no charges had been filed, and the band director was placed on administrative leave after the tragic accident. Various claims say that a group of students beat the young man and the band director knew about the hazing, but did not act to stop it.
]]> Now a lawsuit has been officially filed by Champion's parents against the owner and driver of the bus where the beating took place.On the day of the incident, the student was forced to endure vicious hazing rituals. He had to walk from the front to the back of the bus while being kicked, dragged and slapped by other band members. He also had his breathing restricted while being forced to answer questions. He was only permitted to take a breath if he answered the question correctly.
The lawsuit states that the bus company knew that this hazing was an ongoing practice on their buses but did nothing to stop them. It is also reported that bus drivers were encouraged to ignore the situation. When the young man got off the bus to vomit, the driver forced him back on where the hazing continued.
Much attention has been paid to the shocking practice of hazing rituals in Florida schools. Since this incident, committees and panels have been formed to confront the issue. Unfortunately, the behavior continues. In many cases, the hazing results in both emotional damage and physical damage. Victims of this horrible behavior have a right to seek justice against those who have caused them pain and suffering.
Source: Orlando Sentinel, "Suit: Bus driver stood by while Champion was beaten," Denise-Marie Balona, Feb. 13, 2012
]]>During a routine trip to a Kroger grocery store, a 49-year-old man was shopping when he slipped on some crushed fruit on the floor. He fell and suffered serious damage to his spinal cord. These types of injuries typically have enormous consequences on a person's lifestyle. The man had previously worked in the landscaping industry and could no longer work. Understandably, the man filed a suit against the grocery store.
]]> According to court reports, the owners of the grocery store claimed that there was no video evidence of the accident. Besides claiming that the store deletes video footage after 17 days, the owners also claimed that there was no camera directed at the area in which the man suffered the accident.Upon further investigation, however, it was discovered that there was a camera that was pointed in the area, but the property owners allegedly destroyed the tape.
Not only were the property owners found negligent for not keeping their store safe for customers, they were also convicted of destroying evidence. They were ordered to pay $2.3 million to the victim for the damages he suffered.
When a property owner exhibits negligence by allowing unsafe conditions to exist, innocent people can get seriously hurt. In these cases, it is important to investigate the situation and determine who may be responsible. Punitive damages may be awarded in many circumstances.
Source: UPI.com, "Slip-and-fall victim wins lawsuit," Jan. 27, 2012
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