There are still so many Motorists who Choose not to Understand that They Need to Look Out for Bicyclists on City Streets

According to The Benton Law Firm, more and more Texas cities have slowly become more bicycle-friendly, as bike lanes are installed, bicycle shops open on every corner, and new bicycle groups participate in miles of riding each weekend. However, this new push toward a biking community in every city is not without its unfortunate side effects. Texas is a state that heavily relies on motor vehicles, and as a result, many drivers do not understand that they need to look out for bicyclists on city streets.

Texas is not the only state where the number of bicycle riders has dramatically increased over the years. This is due to the many benefits that riding a bike offers. Despite the benefits, however, one must not forget the dangers that bicyclists are always exposed to, such as pollution (especially if you ride on very busy roads) and the many kinds of road hazards, like defective roads and, most especially, uncaring motorists, who do not see you and those who think that you should not be on the road.

In 2013, about 900 bicyclists died in traffic accident, while an estimated 494,000 were rushed to emergency department. In 2014, after the educational Pedestrian and Bicycle Safety programs introduced by the National Highway Traffic Safety Administration (NHTSA) began, fatal bicycle accidents went down to 720, a 20% decrease from the previous year.

Every time an accident involving a bicycle and a motor vehicle occurs, warnings on how dangerous bicycling can be, and reminders that bicyclists should be extra careful and that motor vehicle drivers should respect bicyclists’ right of way, are always made. Major road threats to bicyclists include distracted drivers, drivers who overspeed and alcohol-impaired drivers. No doubt bicycle safety programs offer a lot of safety tips to bicyclists; but it will also surely result to much better road situations if local government agencies will put in extra effort in getting dangerous drivers off the roads.

The consequences of a bicycle accident can include ongoing pain and suffering, and emotional, psychological, and financial burdens. In so many bicycle accidents, however, bicyclists did actually nothing to cause the accident. Thus, to secure the financial compensation that is needed to pay for the financial costs resulting from the accident, it the best for injured victims to seek help from a seasoned personal injury lawyer as soon as possible.

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Truck Brakes do not Fail by Themselves

A deadly collision that involved a semi-truck or 18-wheeler shut down Interstate 10 East near Sunland Park in El Paso, Texas. The accident, which occurred during the evening rush hour on May 23, 2016, killed two women and injured five others. According to the truck driver, he was driving between 50 and 55 mph when he crashed due to brake failure.

Brake failure may be the most common cause of truck accidents, however, one should realize that truck brakes do not fail by themselves. Truck brakes, according to a veteran air-brake-equipped truck (truck) driver, can heat up and cease to work properly or malfunction, however, to say that the brakes failed would be an inaccurate summation of the problem.

Crashed or totally damaged vehicles are often the sight whenever accidents involving trucks occur. Whenever a truck rams smaller vehicles though, property damage should be the last thing one ought to be concerned about; the more fearful consequences of truck accidents are the number of those injured and the severity of injury sustained.

The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), both branches of the US Department of Transportation, work together in making sure that trucks are operated only by drivers who have been trained and are fully qualified to drive a truck. While the FMCSA, specifically, sees to it that the Commercial Driver’s License (CDL) program of each state adheres to the standards and requirements postulated in the Commercial Motor Vehicle Safety Act of 1986, which says that drivers should be qualified in handling commercial motor vehicles (CMVs), while those who are not qualified and those who cannot operate a truck safely should be removed from the road, both government branches also pass laws that will help keep preventable collisions from taking place.

One law that specifically addresses the issue of safe operation of trucks is FMCSA’s stipulated standards on truck’s brake and brake parts. Brakes are among the most important functions of 18-wheelers; brake failure, on the other hand, is one of the major causes of trucks accidents. The most identified causes of brake failure include: thinning or wearing out or brake pads; overheated brakes; brakes getting suffused with grease or oil; brakes and brake components failing to meet the standard requirements on construction, installation and maintenance which will prevent excessive fading and grabbing. A truck’s braking system, says the FMCSA, must “provide for safe and reliable stopping of the commercial motor vehicle.”

A truck accident can easily cause severe injuries, such as brain damage, spinal and neck injuries, broken bones, internal injuries, including bleeding and organ damage or severe cuts and scarring. “In the state of Florida,” as shared by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. in its website, “there are as many as 500 truck accidents every month, resulting in hundreds of deaths and thousands of injuries.” Being injured in a truck accident because of the wrongdoing of a truck driver or trucking company, a victim should never delay contacting a truck accident or personal injury lawyer, who may be able to provide him/her the legal help necessary in making the liable party answer for the damages resulting from his/her injurious or deadly mistakes.

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Hit-and-Run Accidents: Penalties to At-fault Driver and Possible Sources of Compensation for Victims

In road accidents wherein people sustain injuries or get killed, state traffic laws require the involved drivers, especially the one who is unhurt and conscious, to stop and provide all necessary assistance to the injured; it is also obligatory for the able driver to contact traffic enforcers (and wait for them to arrive at the scene) if someone gets killed in the accident. If both drivers are conscious and without serious injuries, however, then they should exchange information regarding their identification, contact details and insurance provider.

Though state laws may differ with regard to the severity of the crime and punishment to be imposed on drivers who speed away from the scene of an accident, the following are basic legal consequences:

Suspension or revocation of driver’s license (in some states, permanent cancellation of license is imposed);
Imprisonment and costly fines; and,
Cancellation of the liable driver’s insurance policy.

Since 2005, the yearly number of hit-and-run victims has increased steadily, causing the U.S. Department of Transportation’s National Highway Traffic Safety Administration to be alarmed. The Administration’s records in fact show that, from 2009 to 2011, reported hit-and-run cases have risen from 1,274 to 1,449.

According to the site of Karlin, Fleisher & Falkenberg, LLC, Hit-and-run, which is also called hit and skip, leaving the scene or skipping and fleeing an accident scene, means speeding away from the scene of an accident to avoid responsibility over an injured victim. This act, however, only makes matters worse both for the victim and the liable driver. On the part of the driver, leaving the scene can result to either a misdemeanor or a felony. This means time behind bars besides the punitive damages and compensatory damages he or she will have to pay.

For the victim, seeking compensation will be quite difficult, more so if there are no clues that will help identify who the liable driver is. Under this circumstance, the hit-and-run victim will have to collect from his or her own insurance policy. In states where no-fault auto liability insurance coverage is required, the victim can apply for a no-fault claim, otherwise, an underinsured or uninsured claim is the alternative option.

Whether to look for clues that will lead to the hit-and-run driver and file a suit against him or her if found or file a claim with the insurance provider, the victim will surely need the help of a highly-qualified lawyer.

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An Overview Of Shoulder Replacement Surgery

Shoulder replacement is a procedure that involves the creation of new joints. It is a type of surgery wherein a surgeon replaces a damaged upper arm and the shoulder bone with artificial surfaces made from plastic or metal and plastic. The attachment is held in place with cement. An implant is used to allow new bones to develop into the joint component. In shoulder replacement, a long metal piece is inserted into the upper arm bone.

Shoulder replacement is all about providing relief, increasing function, and minimizing pain. For people suffering from chronic shoulder pain, there are many companies that manufacture shoulder replacement implants. Unfortunately, there are also companies that have manufactured faulty replacement devices. Doctors and patients have revealed that some replacement devices reportedly fall off after being implanted. According to the website of Williams Kherkher, the injuries associated with these defective implants include bone loss, instability, weakness, and unexplained pain.

Shoulder replacement is usually recommended when shoulder pain and loss of function has become severe that medicines and other treatments are no longer able to relieve pain. Using x-rays, doctors will check whether the bones and cartilage in your shoulder is damaged and will make sure that the pain is not coming from somewhere else. After the surgery, it is expected that the patient will feel much less pain and are expected to easily return to their normal daily activities.

Like any other major operation, shoulder replacement surgery also carries some risks. The patient may experience blood clots in a leg vein after the procedure especially if they are inactive. Blood clots can block flood flow from the leg back to the heart and move them to the lungs. Shoulder replacement may also cause bone fracture in the upper arm. This may happen either during or after the procedure.

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The Dangers of Defective Pharmaceuticals and Medical Devices

Today’s technology has made it possible for the field of medicine to gain access to a variety of advanced tools, devices, and medications in order to address the public’s most pressing health concerns. With the advancements made by pharmaceutical companies and manufacturers, some of the most serious medical conditions are now able to be properly treated or even cured. As such, these pharmaceutical companies have played large roles in leading innovations in health care and medicine.

Still, despite the huge role that the pharmaceutical industry continues to play in improving medical treatments, the companies leading these innovations aren’t always foolproof. Many of the leading pharmaceutical manufacturers have come under fire due to evidence of defective medications and devices that have put the safety of the public at risk. While government agencies such as the Food and Drug Administration are meant to catch these defects before being used on patients, there are moments when these errors aren’t caught until it’s too late. Of course, pharmaceutical companies are expected to step up and take action when this happens. They are supposed to issue a recall for their defective products and work on improving the errors found in them. Unfortunately, in many occasions, these calls for action aren’t typically heard. In some cases, they might even be purposefully ignored, with pharmaceuticals prioritizing profit over the safety of the public.

A common example of defective medical devices that are known to have affected a great majority of people is joint implants. Many brands have been scrutinized in court and top manufacturers have been asked to make payments to compensate victims of these dangerous products. Common complications associated with defective implants include metal toxicity and bone and tissue damage. Those that have experienced these complications firsthand are encouraged to contact a shoulder replacement attorney for appropriate legal counsel.

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Two most Commonly Performed Shoulder Replacement Procedures

According to the Agency for Healthcare Research and Quality, every year, about 53,000 people in the U.S. undergo shoulder replacement surgery. The first shoulder replacement surgery in the United States was performed in the 1950s; it was to treat severe fractures on the shoulder. Since then, shoulder joint replacement surgery has been performed for many other painful conditions of the shoulder, including relieving patients from different forms of arthritis.

Since then, in order to relieve patients from the painful conditions of the shoulder, including pains caused by any of the forms of arthritis, shoulder joint replacement surgery has been the option where medications and other non-surgical treatments are no longer helpful.

Shoulder replacement procedures are safe and effective procedures that relieve pain and enable patients to resume their daily activities (many patients, in facts, are able to play again the sports they love, such as swimming, tennis and golf). Two of the most commonly performed shoulder replacement procedures are Primary Total Shoulder Replacement or Short Stemmed Implant and Reversed Total Shoulder Replacement. The type of procedure and shoulder replacement implant a patient may have will depend on his/her doctor’s evaluation of his/her specific situation and health needs.

In primary total shoulder replacement, an implant which is designed with a stem that has a smooth, rounded metal head is used to replace the shoulder joint’s ball or humeral head; a smooth, rounded plastic cup, on the other hand, is used to replace the socket or the glenoid.

Reversed total shoulder replacement involves a reversal of the shoulder’s normal structure. The implant’s ball portion is rather attached to the scapula instead of to the humeral head, while the artificial socket is rather attached to the humeral head instead of to the scapula. This is the procedure often recommended for patients with compromised rotator cuff function.

As explained by a shoulder replacement lawsuit attorney, shoulder replacement surgery in, indeed, a popular corrective solution for those suffering from extreme joint pain or a limited range of shoulder motion. However, he/she is also aware that not all surgical procedures turn out as safe and effective as manufacturers promise due to defectively designed replacement devices. Thus, instead of increased function and minimized pain – the should be results of a replacement surgery, patients rather experience worsened pain, increased medical expenses, and the need for corrective surgery.

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How a Police Report can Help Your Car Accident Claim

Police reports are vital evidence when filing for a personal injury or car accident claim. They can be the key that can win a claim and provide the compensation that they need to cover for the damages caused by the accident, such as the medical expenses, lost wages, pain and suffering, and many others. Williams Kherkher states on its website that it is one of the first things to acquire after a car accident and when filing for a personal injury claim. However, what is a police report, and how can you get one?

Police reports are generated through investigation of the accident or incident after responding to scene after being requested. It is a summary of all the information related to the car accident, containing both the relevant facts pertaining to the accident as well as the responding officer’s opinion regarding the accident. You can acquire a police report in two ways. First is by requesting a copy from the local law enforcement office that drafted the said police report. It is protocol for the investigating officer to provide you with the receipt containing the ID number of the police report, and you have to pay an administrative fee to obtain a copy of the said report. The other option is through your insurance company: check to see if they have requested a copy of the report and ask them for a copy. They may not always have a copy of the report, but if they do, you don’t have to pay for some fee to get your own copy.

Police reports are the first things that insurance companies look into when investigating a claim because police reports contain important information related to the car accident. Although it may not be enough evidence of the accident, police reports are still significant when settling a personal injury claims. Depending on the state you had the accident or filed your personal injury claim, police reports can be viewed as either strong evidence or “hearsay” evidence. Regardless, the importance of police reports is still strong in a personal injury claim.

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Slip and Fall Accidents

Premises liability is an area of law that governs the liability of accidents that happen on residential or commercial property. When you are invited onto the property of another person, your safety is legally preserved. Property owners have the responsibility to offer a safe and well-kept home to ensure the safety of others. This is to protect people from entering dangerous or potentially fatal situations that leave them with significant medical expenses and other financial burdens.

One of the most common types of premises liability accidents are slip and fall accidents. These generally occur when a slippery substance, such as water, is negligently left for a person to slip on. Slip and fall accidents are so common due to the number of ways in which they can happen. Unsafe property conditions that may yield a slip and fall accident may include uneven flooring, patches of ice, torn carpet, and tripping hazards.

According to the website of the Hankey Law Office, proving a slip and fall case can be difficult due to the two acts of negligence a person must show. First, a property owner must have been aware of the danger on his or her property. Second, the property owner must have had time to remedy the problem before an accident occurred from it. As difficult as it might sound to prove, these factors are often simple to prove with the help of an experienced personal injury attorney.

If you were injured due to negligence in a slip and fall accident, you may be eligible for compensation from the property owner that caused your injuries. You should not be responsible for the financial strain of footing medical bills from an injury you did not cause.

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Dog Bites in California

The state of California follows the strict liability rule when it comes to dog bites. This means that the owner will be held strictly liable for any injury that their dog may cause starting from the moment the ownership begun. Exemptions may be given when the attack was (1) provoked, (2) during a trespassing situation, (3) during a compensated service involving the dog, and (4) while on the job and bitten by their employer. In an event of a dog bite, the victim has no duty to show negligence or other factors in order to file a personal injury claim.

The dog bite law is generally known as the California Civil Code Section 3342. This law makes the pet owner liable when their dog bites another person, and it occurred in a public place or legally in a private place. However, in order for the law to be effective, the injury has to specifically be from a dog bite, and not from other dog behaviors such as scratching. A severe bit injury is defined by the law as any physical injury that caused muscle tears or disfiguring cuts or those that require sutures or corrective cosmetic surgery.

Because California follows the “strict liability” rule regarding dog bites, regardless of whether the dog has bit before or the owner’s awareness of their dog’s tendencies to bite, they will have to take responsibility for the damages that their pet has caused. Although evidence of negligence is not necessarily required, the victim should still prove that the injury was from a bite and not from other factors. There are defenses that the dog owner can use, the most common being “trespassing.” The website of Williams Kherkher says that anyone who commits trespassing does not have rights for compensation, along with those who have been bitten by on-the-job police or military dogs or when provoked.

The main role of the law is to avoid dogs being a danger to the community. Through the law, the burden of responsibility for the dog is put upon those who choose to take care of dogs. It is therefore place upon the dog owner to be vigilant regarding their dog’s tendencies to bite people. Furthermore, the law helps reduce any conflicts that could follow a dog attack.

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Examining Items Before Purchase

Not everything is exactly what it seems, and this can translate to a more literal sense when you’re buying something. When you buy, say, clothes from a retail store – the more efficient shopper will look for signs of wear and tear of the fabric, see the make and (if they are skilled enough) be able to tell the quality of the stitching by sight. This is so that the buyer can know exactly what they are getting with their money, to see if this hypothetical piece of clothing is worth the price it is being sold for. If it is that level of efficiency and care that is taken in order to be careful and wary for clothing, the knowledge that you must have before purchasing a legitimate home is leagues more complicated than that.

Unlike clothes, the dangers that a home might present could be as blatantly obvious. You may have heard of the adage that goes along the lines of “the walls have ears”; but the walls could very well hide things just the same. When buying a home, there is no fault in being pedantic in order to be properly sure that the house is situated in a good neighborhood with pleasant surroundings and that the structure itself was built upon steady enough foundations. If there are hazards at play – such as a likelihood of flash floods, fires, or earthquakes – the buyer needs to be made aware of these circumstances and this is legally required from sellers in the form of a natural hazard disclosure.

These are documents that are publicly available for a certain price, yes, though not all sellers are reputable or can be relied upon to give sufficient warnings of the house. After all, anything can be found and forged these days that you must practice diligence of your own in order to not be duped or scammed into purchasing a house that may have more dangers than you signed up for. There have even been some statements that have said that natural hazard disclosure reports have been able to save prospective buyers from having to hand out hundreds of thousands of dollars in repairs and decontamination fees.

The damages may be, as they say, skin deep – and there are certain things you must look for, before making a grand decision such as purchasing a house.

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