ATV Crashes and Faulty Designs

All Terrain Vehicle

Sports can be dangerous; especially with an all terrain vehicle, popularly called an ATV. It is an extremely popular activity among children. An area of concern has been the increasing number of deaths related to ATVs in the US. The annual report of the USCPC – United States Consumer Product Safety Commission reveals that the total number of casualties due to ATV crashes totaled 542 in 2007. These crashes cost Americans a total of $6.5 billion in medical and legal fields every year. The rising figures have alarmed consumer groups, environmentalists, child safety advocates as well as medical professionals.

The American Academy of Orthopedic surgeons collectively believe that that the use of ATV poses a major threat to public safety as the ATV industry fails to upgrade safety measures.

Why ATVs are dangerous

Recent reports have proved that certain ATVs have design flaws. Such flaws can endanger a rider, leading to serious accidents and subsequently death, in some cases.

Other reasons that make ATVs dangerous are:

• It has high a center of gravity
• Lack of suspension impacts the vehicle
• It has little or no rear wheel differential
• It is unstable at high speed
• Widespread ATV misuse (high speed, riding in low lighting conditions without proper safety measures, lack of expertise in driving)
• Driving under influence of alcohol and/or drugs
• Driving in unsuitable places like roads, streets and/or highways

Further, daring riders tend to incline too much and ultimately rollover with the vehicle leading to fatal circumstances.

Are Advertisements Misleading?

An average ATV will not be able to move in steep inclines, but sometimes their marketing material says so. The vehicle is specially designed to a limited zone, usage and circumstances. Lack of sincerity is seen with ATV manufacturers; their enticing TV ad campaigns show a glamorous and daring side of ATV products, making it popular among teenagers and young men. The makers make a deliberate attempt to underplay risks and hazards associated with ATV driving. The ATVs are designed for flat surfaces only with an exception of mild incline.

Precautionary steps

An ATV rider should undergo special training for correct usage of this vehicle. One should check designs of the ATVs and avoid ill famed vehicles like the Yamaha Rhino ATV. Other precautions include:

• Protective clothing
• Special training and rider education
• Understand usage of ATV

Seek legal help

Many states in the US report ATV crashes to law enforcement divisions within a certain time period. You have a legal right to claim money and file lawsuits against those who deliberately cause or are responsible for acts of recklessness and negligence. Even an adult failing to supervise correct usage of ATV can be held responsible in case of an accident. To claim injury benefits, consult an experienced attorney right away.

Bayer Pharmaceuticals Faces Lawsuits: Eyebrows Raised over Oral Contraceptives

Pharmaceutical companies have always been the center of personal law injury controversies and this time it is Bayer. Bayer HealthCare Pharmaceuticals faces federal lawsuits filed in Ohio and Wisconsin for its compounds drospirenone and ethinyl estradiol. The company has allegedly failed to disclose the complications arising from the use of its birth control pills Yaz and Yasmin. Four lawsuits were filed after Bayer came to an agreement with the Food and Drug Administration (FDA) in 2008, allowing it to run a $20 million television ad campaign underplaying the risks. The plaintiffs claim that they suffered side effects including deep vein thrombosis, pulmonary embolism and stroke as a result of taking Yaz or Yasmin pills.

Failure-to-warn

Pharmaceutical manufacturers are legally responsible to disclose details of possible side effects to consumers, either directly or by passing relevant information to physicians. They are required by law to continue to take steps to determine side effects and communicate the same to consumers as long as a product is in the market. Failure-to-warn is among the several types of claims and lawsuits filed against pharmaceutical companies.

More lawsuits to be filed

Janet G. Abaray, the attorney representing the plaintiffs, said that more suits will be filed in forthcoming months. “That’s going to be important evidence – over-promotion and downplaying the risks,” she said. “We have many cases. It’s just a matter of getting all of the medical records.”

Defective product injury and help

A drug manufacturer is considered an expert in its area and is, therefore, held liable for providing information regarding known dangers and/or side effects to consumers. Someone who has been taking prescribed drugs and has suffered side effects has the right to file a lawsuit and claim compensation. In fact, you are entitled to claims even if you have not experienced side effects, but have used the drugs. Inadequate warning, or failure to warn, falls under the broad category of product liability injuries. However, these are complex claims, since most pharmaceutical companies are giants. Establishing liability requires thorough investigation and organized filing of claims. This makes it critical to consult a good personal injury lawyer to evaluate your position and file a claim against a defective product.

Neurotoxins Can Cause Brain Injuries

Toxic elements can lead to unimaginable neurological and brain problems, either in the work place, at home or in factories. The brain is susceptible to exposure to more than 1,000 substances that possibly lead to neurotoxic effects. The neurotoxins in mold can subsequently lead to neurological and/or brain problems. Health problems due to the inhalation of toxic substances can lead to life threatening circumstances or evolve into illnesses gradually over months or years. At the same time, chronic exposure, or long-term, low level exposure, can also have damaging effects.

Broadly, the major elements responsible for damaging effects on the brain include:

• Metals – Listed below are a few harmful metals.

o       Lead – Children are most vulnerable to this toxin. Lead exposure could lead to neurological defects. It has been found that children suffer from lead poisoning from paint chips.

o       Mercury – It has a lethal potential to affect the cerebellum, the visual centers of the occipital lobe and the basal ganglia. Even the FDA has admitted that Mercury can cause cognitive as well as developmental problems, especially in pregnant females and children. Mercury traces found in the urine have been associated with short-term memory loss.

o       Manganese – This metal is another cause of brain damage. Factory workers exposed to the metal compounds for long hours are the most affected. Affected people complain of dizziness, trembling, sleep disturbances, sleep disturbance with nightmares, clumsiness and also face difficulty in learning.

• Solvents and fuels – Neurological problems have been associated with exposure to compounds, such as glues, thinners and paints. It has been medically proven that Toluene, for example, which is an element found in thinners can lead to long-term impairments, such as dementia, brain atrophy, balance and coordination impairment and visual problems. After the initial exposure to such toxins, people complain of headaches, fatigue, dizziness and mental disorders. Long-term solvent exposure can also result in an Alzheimer’s type syndrome.

• Pesticides- There are many types of pesticides that can have neurotoxic effects on human beings. Exposure can occur through the intake of gases or absorption of the chemical via the skin. Exposure can be acute or chronic. Patients immediately experience blurred visions, headaches, slurry speeches, and even lung and organ failure.

• Carbon Monoxide – This type of poisoning is increasing in the US and elsewhere. It is found in the air, mixed with gases such as oxygen, and is normally a result of the combustion of fossil fuels. A safe level of carbon monoxide is 10 parts per million, anything more can be fatal. Patients can even die due to a lack of oxygen to the brain. Patients suffering from carbon monoxide poisoning often suffer from mental disabilities, hypoxic injuries and learning retardation.

Every year hundreds of people suffer from toxin-related brain dysfunction or lapse. However, if handled responsibly, treatment costs can be claimed with the help of an experienced attorney.

Back Injured in a Car Crash?

A whiplash injury can cause serious damage to:

• Joints
• Discs
• Muscles
• Nerves
• Ligaments
• Spinal cord

What are the Symptoms of Whiplash Injury?

Whiplash injury and its after effects may not be seen immediately. However, the early symptoms may be:

• Pain or stiffness in the neck and back
• Aching shoulders
• Sensory disturbance to the arms and legs
• Recurrent headaches
• Pain in spinal areas
• Back sprain
• Night time muscle spasms
• Sexual disorder
• Loss of bladder control
• Soreness of muscles
• Bowel dysfunction

What Should a Victim do?

Immediately after an accident, one should:

• Apply ice – Ice therapy involves wrapped ice in a towel and pressing it gently against the impacted area for about 20 minutes.
• Find a well informed and specialist lawyer – Compensation can vary between $50 and $500,000.
• Consult a good doctor – Do not compromise on the medical help you seek. The doctor may recommend stretching exercises.

A victim may take weeks, months or even years to recover, depending upon the extent of damage. If the accident was caused by another party, one should not delay in consulting a back injury lawyer who can help with claiming compensation. Liable parties may be asked to compensate for medical expenses, the loss of income and/or earning potential and mental suffering.

Labels: Whiplash injuries,back injury lawyer,Whiplash,car accidents,Whiplash-associated disorders

Personal Injury Claims and Negligence of Truck Drivers

On July, 8^, 2009, newspapers in Billings reported an accident that took place resulting in a person’s death and another is reported to be in critical condition and hospitalized at St. Vincent HealthCare. A semi truck hit a two-person motorcycle, killing the passenger instantly and seriously injuring the driver. The two victims were in their late fifties. The two vehicles were heading westbound but the accident happened in the eastbound lane.

Driving Errors by Truck drivers

Like most drivers on the road, truckers too make driving errors, but their errors in judgment can lead to devastating, life-threatening results. Think about the news report that is mentioned above. A person died and the other person is in critical condition.

A few reasons why truck drivers are careless:

• They drive too many hours and pay little or no attention to federal or state regulations;
• Driver fatigue while driving across Montana’s highways or interstate; or
• Intoxication due to alcohol or drugs.

In some cases, a truck related accident arises out of the lack of proper supervision of trucking companies. There could be cases where a truck company let a defective truck function on the road despite, for example, inadequate lighting. Many times, trucking companies hire drivers without screening them properly or checking whether the drivers are well trained in adhering to safety procedures.

Personal Injury Claims for Negligence of Truck Drivers

For victims, it is important to establish the liability of the driver or the commercial trucking company that employed him. What is more critical is to have a prompt investigation so that you can find the evidence that will help you prove your case.

To maximize recovery for the personal injuries suffered by a victim, it is important to hire an attorney with a proven track record. The attorney should be well experienced in such cases and thereby competent to examine all the aspects of your case.

Contact an attorney who is known to secure the best results for clients who have been injured in major truck and commercial vehicle accidents. Claim your rights and pursue the compensation you deserve.

Labels: Negligence of Truck Drivers, Claim your rights, Driving Errors ,Personal Injury Claim, truck related accident

Freak accident: How Should One Handle It?

Freak accident: How Should One Handle It?

Automobile accidents are almost becoming common today, with the number of accidents in the US increasing in leaps and bounds each year. Thousands die or are injured in car accidents each year and such accidents are certainly a cause for both civil and criminal liability for the driver.

Take the case of the freak accident on South Frontage Road, Billings, where three people were seriously injured. A small car collided with an SUV while heading west. The driver of the car, 18-year-old Jessica Umphrey, along with 19-year-old Matthew Nygard and an unnamed 8-year-old girl were rushed to the hospital. The accident happened when the car took a left hand turn near Zoo Drive and rammed into the oncoming vehicle, the driver of the SUV was unhurt.

What to do first?

So what should one do in such cases? Here are some steps to follow:

1. Write down the name, address and license number of the other driver involved in the accident.
2. Call the police.
3. Check your insurance policy status.
4. Gather documents/photographs of the scene.
5. Immediately get in touch with a car insurance lawyer.
6. Rush to the nearest hospital or get first aid.
7. Gather evidence in the form of medical reports.

Will I be compensated?

Accidents, regardless of whether they are big or small, and injuries, major or minor, you have the right to receive compensation. In a personal injury claim, the plaintiff will be compensated due to damage caused by the other party’s negligence. Claims can be filed against uninsured drivers, vehicle damage, medical expenses or injuries.

The case will be based on a circumstantial situation after examining the nature of the accident. For instance, whether the accident involved a roll over, side collision, rear end collision or a head-on collision needs to be ascertained.

A case can be presented to the insurance company, backed by ground evidence and substantial medical information to build the case. If caught driving without insurance, the fine can be up to $500 and/or 10 days in jail. Getting in touch with an attorney will make the claimant compensation process easier.

What does it cost?

The minimum auto insurance policy requirements for the state of Montana are as follows:

* $25,000 for bodily injury liability for each person
* $50,000 for bodily injury liability per accident
* $10,000 for property damage liability

Accidents and their after affects can be really stressful in terms of the financial and mental ordeal one goes through. Drive safe, but in case of an unfortunate event, an attorney’s help can accelerate your cleanup and repair process and also help you claim your rights.

Bicyclist killed by hit-and-run driver

Date:  June 29, 2009

Location:  Seeley Lake

Type:  Bicycle accident

Rodney Jacob Louden, 18 died from serious head-trauma after he was hit by a large truck while riding his bicycle.  Two separate bicyclists were heading northbound on Hwy 83 near Seeley Lake when they found Louden in a ditch on the opposite side of the road.  Authorities state that they do not know when the accident happened, but believe that Louden had been there for quite some time.

The man who hit Louden with his truck has come forward and his truck has been impounded

Couple passes away in a motorcycle/vehicle collision.

Date: June 26, 2009

Location: Helena

Type: Motorcycle Accident

Karl Robert and Charmon Rene Pentecost died after the motorcycle they were riding collided head-on with Travis Fuqua’s truck.  According to authorities, Fuqua was attempting to make a left turn and did not see the motorcycle coming in the opposite direction.

Alcohol was a factor in the collision and Fuqua faces two counts of vehicle homicide.

Woman dies in one-vehicle rollover

Date:  June 27, 2009
Location:

Type:  Car Accident

Michelle Cheri Siderius, 50, failed to negotiate a curve in the road and rolled her minivan three times down a steep embankment and into a creek.  Siderius was not wearing a seatbelt and was thrown from the vehicle.  Siderius’s husband, Curtis Shutts was a passenger in the vehicle and was wearing a seat belt and suffered minor injuries.

Six people sent to hospital after two-vehicle crash.

Date:  June 29, 2009

Type:  Car Accident

A woman driving a Suburban traveling east on I-90 drifted to the right side of the right lane, when she realized she was going off the road, she overcorrected and hit a car that was passing her.  Both of the drivers lost control of their vehicles.  The Suburban rolled into the median and the sedan crossed two lanes of traffic and ended up on the opposite side of the interstate.  The people in the sedan were uninjured and there was only minor damage to their car.

The suburban was carrying 4 children and 2 women, all of which were sent to the hospital.  All occupants of both vehicles were wearing their seatbelts.