Articles Tagged with car-accident-injury

Anyone can catch a cold year-round, but people are most susceptible to the common cold during the winter months, as colder, drier air more easily spreads germs among those indoors. Most people don’t think much of going about their day with the common cold. However, research suggests that if you are sick, you may be a danger to yourself and others on the road.medicine

For example, one study by the Cardiff University’s Common Cold Centre in the U.K. reports that concentration when one is driving with a bad cold or a flu is lowered by 50 percent. To put that into perspective: That’s like drinking four double whiskey shots. Researchers studying the effects of being ill on reaction times behind the wheel discovered that sudden braking became increasingly common among sick drivers, who were much less aware of their surroundings. Instances of drivers hitting the curb went up by a third, as drivers were also apparently less capable of accurately judging the distance. A heavy cold, researchers say, impacts a motorist’s mood, judgment and concentration – all of which play a central role in safe driving.

Aside from this, there are numerous cases of drivers who are impaired by medications – both over-the-counter and prescription – to treat colds, the flu and other conditions. Just recently in South Carolina, a woman was criminally prosecuted in Kranchick v. State for driving impaired on cold medication, which resulted in her losing control of her vehicle on the highway, slamming into a tractor trailer and a smaller truck, killing that vehicle’s driver and seriously injuring a passenger and the tractor-trailer driver.  Continue reading

A Florida judge in Duval County has set a trial date for August next year against the makers of the Ohio-based Evenflo, a car seat manufacturer accused of improperly recommending car seats that are too big for some children. The lawsuit was filed on behalf of a 5-year-old girl who was severely and permanently injured in a 2014 crash in Jacksonville on I-295. carseat1

According to News4Jax, plaintiffs in this product liability lawsuit allege the manufacturer was negligent on several fronts. Among those: Designing, testing, developing, making and marketing a product that fails to provide sufficient protection to child occupants in the event of a collision. Specifically, the booster seat the manufacturer produced was marketed to children under 40 pounds. However, the seat didn’t incorporate a five-point harness system, which would strap the children in over the shoulders, around their waist and between their legs. Instead, this was simply an over the shoulder and lap belt, which plaintiffs assert is not adequate protection for a child under 40 pounds.

Plaintiffs allege the actions of this manufacturer run counter to the recommendations of both the National Highway Traffic Safety Administration (NHTSA) and the American Academy of Pediatrics. Had the child been in a seat with a five-point harness, plaintiffs say, she would have been spared her terrible injuries. Evenflo rejects plaintiffs assertions, with a spokeswoman saying that while she could not comment on the particulars of the case, the booster seat in question – Evenflo Big Kid booster – has been sold for more than 10 years and reportedly has a solid safety rating that is compliant with government safety standards in the U.S. and Canada.  Continue reading

Anytime one is involved in a Florida car accident, it is imperative to seek immediate medical attention – even if you feel totally fine at first. carkeys1

The reason for this is two-fold:

  • Many car accident-related injuries are latent, which means they won’t show up right away.
  • In any subsequent litigation, the information gathered at that first medical visit can be essential in establishing both the cause and severity of your injuries.

It is also important because those doctors who provide you treatment will be able to provide you with important expert witness testimony that will help prove your case. However, when patients don’t seek treatment or when those doctors’ opinions do not support your assertions, it can hurt your case. This was underscored in the recent Alaska Supreme Court case of Luther v. LanderContinue reading

The Arkansas Supreme Court, in a divided opinion, ruled that a provision of law that prohibits the so-called “seat belt defense” in car accident lawsuits is unconstitutional.

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In Mendoza v. WIS Int’l, Inc., justices were tasked with answering whether Arkansas Code Annotated section 27-37-703, which states the failure of a vehicle occupant to wear a properly adjusted and fastened seat belt should not be admissible as evidence in a civil action, violated the separation of powers doctrine of the state constitution. Answer: Yes.

This is bad news for injured car accident plaintiffs in Arkansas. Essentially what it means is if you do not wear a seat belt, you could be found comparatively at-fault, which could reduce or eliminate your rightful claim to damages. Arkansas follows a model of modified comparative fault with a 50 percent bar, which means if a plaintiff is more than half at-fault for his her own injuries (or the extent of his or her own injuries), plaintiff can’t collect any damages at all. In Florida, however, plaintiffs can be up to 99 percent liable for their own injuries and still collect on that remaining 1 percent fault held by defendant (this is known as the pure comparative fault model).  Continue reading

Investigators say a medical emergency suffered by the driver of a Toyota Sienna minivan caused the vehicle to propel forward into a restaurant on University Drive in Plantation, where several diners were seated for lunch. highway0

The crash was described as “low speed,” but the impact caused five people to suffer injuries. At least one of those was listed in serious condition at Broward Health Medical Center in Fort Lauderdale. Reporters detailed the skid marks still on the floor and blood still on the wall in the hours after the crash. The driver, who was downgraded from serious to stable condition, was treated by paramedics at the scene before being transported to a local hospital. One witness reported the minivan came “zooming” past his table, and he rushed to aid his fellow patrons. He described one man as “badly hurt.”

Because authorities are indicating the cause of this crash may have been a medical emergency, it may be difficult for injury lawyers to prove negligence, which is critical to securing compensation from the driver of that van. It falls under the “sudden emergency doctrine” exception of liability.