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Posted by on Apr 17, 2016 in Automobile Accidents | 0 comments

When Car Parts Fail to Function

In the US and in many other countries around the world, one common thing about car crashes is that most of these are caused by young drivers, particularly those aged between 16 and 19 years old. According to the National Motor Vehicle Crash Causation Survey (NMVCCS), a yearly study conducted by the NHTSA, about 90% of these crashes are due to driver error – mistakes committed by drivers. These driver errors, to name a few, include distracted driving, inexperienced driving, day dreaming, falling asleep while driving, driver fatigue, reckless driving, aggressive driving, and driving while impaired either by alcohol or, legal or illegal drugs (legal drugs refer to over-the-counter drugs or prescription medicine).

Driver errors are results of carelessness or negligence and irresponsibility – avoidable things without which car accidents would significantly be reduced. “Reduced” because though more than two-thirds of car accidents are due to these, there are other reasons why cars crash, according to the National Highway Traffic Safety Administration. These other reasons include defects on roads, highways and bridges, and defective cars or malfunctioning car parts due to mechanical failure.

Mechanical failure can be due to manufacturing defects or poor design (both of which can be blamed on the car manufacturer), or lack of proper vehicle maintenance, which is actually the driver’s or car owner’s fault. The most commonly identified mechanical problems that lead to car accidents are tire blow out, which can occur if tires are worn out or under inflated, faulty steering systems and suspensions, faulty headlights and taillights, malfunctioning wipers, and faulty brakes.

Two modern safety technologies that most of today’s cars are equipped with are the dual braking system, which will allow a car to still brake even if one of its braking systems fails due to circuit malfunction, and the anti-lock braking system, which will keep the car’s front wheels from locking during emergencies.

While the malfunction of any critical car part may lead to an accident, risks can be higher if the problem were the brakes. If the malfunctioning brakes were a manufacturing defect, then it would be surprising why, despite manufacturers’ compliance with federal safety standards and the quality control system they themselves observe, bad parts still slip through. Obviously, some people are just not aware, or they simply disregard thoughts, of the real dangers a defective car part can possibly cause everyone on the road.

In a website belonging to the law firm Williams Kherkher, it is mentioned how victims are made to face not just physical and/or emotional trauma, pain and sufferings, but a host of other concerns that can lead to financial troubles, like costly medical treatment and lost wages. All these sufferings and losses make it necessary for victims to pursue justice and compensation through a civil lawsuit.

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Posted by on Apr 4, 2015 in Automobile Accidents | 0 comments

Sudden, Life-Altering Effects of an Injury

Everybody has dreams. Perhaps you want to become a world famous ballerina or martial artist. Maybe you want to travel the world and see this glorious planet for all of the splendor it has to offer. The world is your oyster, so the adage goes, but what happens when it all goes wrong? What if, one single, defining moment in your life ruins the chances for any and all of these aspirations from coming true? It can be devastating to have to live, to experience the aftermath of a devastating accident.

The effects of an injury from an accident can ripple and affect the victim’s family and friends as well.

For example, say a person was just crossing the road and was then injured by a motor vehicle such as a car or a motor bike. This unsuspecting victim, due to the accident, becomes a quadriplegic, otherwise known as a person who is impaired due to paralysis. This means medical expenses and procedures in some hope of recovery. If the injury was to the spinal cord, there is no known cure as of yet and the victim would then need physical therapy for the remainder of his or her life in order to stop their limbs from atrophy due to the inability to move them. It means that they must then be watched over and fed and bathed and other menial tasks that should be easy to do, for any uninjured person. These effects can have a devastating impact on the psyche of a person that can lead to depression or even suicide.

This scenario is only one of many as cases of this nature are hardly ever straightforward. The victim and the victim’s family or beneficiaries are, however, legally entitled to compensation for the expenses that the injury has dealt upon the victim. If the victim was the primary income earner of the family – or sustained income necessary for the financial stability of the family – then there is also those lost wages to compensate for. These legal procedures and necessities can be stressful and arduous to deal with, which is why it is recommendable for expert legal attorneys who are experienced with these kinds of cases to be sought, should an incident like this befall you or someone you know.

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Posted by on Jun 21, 2014 in Automobile Accidents | 0 comments

Big Rig Regulations

Semi-trucks or “big rigs” can have legal issues that are particular only to their case and could affect the outcome of the trial. This is simply because operators of semi-trucks are given a number of state and federal regulations that they have to follow and comply to. They are also required to carry insurance coverage that has higher limits, as compared to regular vehicle drivers. It may also be possible to have multiple parties that will be involved in the financial responsibility other than the semi-truck driver. Because of these reasons, a person who has suffered injuries caused by a semi-truck driver has a bigger chance of getting compensation as compared to the “standard” vehicular accident.

There are strict state and federal safety standards which semi-truck operators, drivers, manufacturers, and owners are required to follow, from the quality control to the driver’s operating time, the weight of the haul, and many more.  In cases where the plaintiff is clearly not the one who have caused the accident, it could clearly show that the defendant has violated a certain safety statute or ordinance. Being able to prove in court that the defendant was negligent is vital in a personal injury claim as it increases the possibility of winning and getting compensation. The best thing about this is if you and your Louisville car accident lawyer have a stronger evidence of the defendant’s negligence, you have higher chances of having the case settled before it even goes to court.

One more crucial aspect of having a state and federal safety regulation against semi-truck accidents is the high insurance requirements that semi-truck operators are obligated to have would entitle the plaintiff with a higher amount of settlement or compensation than what a “standard” car accident could provide. Although the defendant will only be able to settle for an amount he or she can readily afford (equivalent to the maximum amount that the semi-truck operator is allowed his or her insurance), the plaintiff will be guaranteed a small settlement.

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