Helmets can save lives

Cycling Safety Gear

Cycling Safety Gear

Cyclists in Montana are probably the most ‘liberated’ people in the US, since the state of Montana does not have a helmet law in place. People need to, however, understand the difference between “freedom of choice” and safety. Wearing proper headgear can often make a difference between life and death. A helmet that costs less than $50 generates $570 worth of indirect benefits to the society, which includes medical costs caused by bike-related head injuries, future earnings and other tangible resources.

Bicycle Accidents – Some Facts

Cyclists are recommended to wear safety helmets at all times. There are around 73-85 million bicycle riders in the US.  Around 1,300 deaths per year occur in the US due to bicycle related accidents, and head injuries account for over 60% of the bicycle related deaths. Here are some facts about bicycle accidents:

  • Each year, 196 children less than the age of 15 die from bicycle-related injuries.
  • Over 90 percent cyclists meet with fatal accidents on US roads
  • Most of the victims are male and without protective gear
  • Riders without a helmet are 14 times more susceptible than a helmeted rider.
  • Helmets can protect head injuries affecting your brain, estimated at anywhere around 45 to 88 percent of the times.
  • Bicycle helmets offer substantial protection to the forehead and midface.
  • Non-helmeted cyclist injuries costs around $81 million each year in medical expenses, whereas indirect expenses add up to $2.3 billion.
  • About 75 percent of bicycle-related deadly accidents can be prevented among children with helmet use.
  • Most of the accidents happen to boys.
  • Falls are the cause of over 90 per cent of the accidents
  • The head is hit in 38 percent of the accidents.
  • If 85 percent of all child cyclists wear helmets for one year, the lifetime medical cost savings can be anywhere between $197 to $256 million
  • Every bicycle helmet saves health insurers $57 and auto insurers $17.
  • One third of the bicycle victims have high alcohol levels.
  • There can be no argument that safety helmets can be highly effective in preventing head related injuries, thereby minimizing health costs and, above all, saving lives. However, faulty helmet cases are also reported these days. If someone close to you has suffered brain damage or injury on the road due to someone else’s negligence, immediately contact a personal injury lawyer. The victim is entitled to monetary compensation against physical injury and emotional pain.

    Insurance Holders and Bad Faith Practices

    Under US law, most insurance companies are bound to practice the covenant of ‘good faith’ and ‘fair dealing’ when it comes to dealing with people on a daily basis. There are circumstances where an insurer denies rights to consumers without giving a good reason. This is called a ‘bad faith.’  The unwritten rule also is that insurers should always look at the financial interests of the insured or its customers in the same manner as they look at their interests. There always are; however, a few cases when insurance companies, whether automobile, homeowners and general, routinely follow ‘bad faith practices,’ This can be classified as:

    • Delaying payment or failing to settle a case;
    • Unreasonably denying/delaying a payment;
    • Refusing to settle a claim or offering less than what is justified;
    • Offering untimely settlement of claims;
    • Gross misrepresentation of actual coverage in the contract;
    • Failure to initiate an investigation towards a claim; and
    • Inadequate or complete denial of defense and indemnification.

    The number of ‘bad practice’ cases is on the rise through a breach of contract and unethical business practices. A fair judgment must be achieved against dishonest, unscrupulous, deceptive and fraudulent insurance companies. This can be done by awarding significantly higher punitive damages to deter similar conduct by insurers.

    Negative exposure of financial institutions through derivatives

    Cases of derivatives, such as collateralized debt obligations (CDO), credit default swaps (CDS) and other mortgage-backed securities (MBS), are increasing and a growing market, worth $39 trillion. It has received negative reviews after insurance giants, such as AIG, Bear Sterns, Lehman Brothers, Washington Mutual and others, reportedly collapsed due to a volatile debt market.

    These derivatives are financial instrument that is an unregulated/ privately negotiated contract, used to offset risks by creditors. It allows creditors to insure themselves in a situation when a borrower might default. Although initiated for legitimate protection, manipulative practices in this default swap market should be curbed for greater market stability, more transparency in the credit market and to restore ‘good faith practices.’

    Insurance Money

    Insurance Money

    Filing a case

    When you come to know about a bad claim, the defendant and the plaintiff’s, documents and defenses will be presented in court. You will have to bring the entire claim, underwriting file and the company’s handbook that describes what was promised. The insurance company in return will seek answers regarding the claims and damages you are seeking. The process of filing a case can be emotionally stressful, while being also considered part of bad faith practices. If you have ever been affected by a bad faith practice by an insurance company, then legal action should be taken to protect your insurance rights.

    Teenagers and risks of car accidents

    Teenage DriversIn America, teenagers constitute the highest risk category when it comes to road accidents. Teen drivers are four times more vulnerable to casualties than any other age group. The main reason for this is that teenagers tend to not follow the law; they are unskilled and inexperienced drivers and are inclined to behave recklessly. There are various other reasons for car accidents as well. Let us quickly look at some facts:

    • Every year over 5,000 teenagers between the age group of 16 to 20 die due to car accidents;
    • Teenagers comprising 10% of the American population and account for 12% of all fatal crashes;
    • The 16-19 year old drivers comprise the highest risk in terms of people involved in car accidents;
    • In the US, about $26 billion is spent every year on drivers involved in accidents, male and female, aged under 24 years;
    • Of all fatal teen car accidents in 2007, one third were due to speed related collisions and one quarter due to driving under the influence of alcohol and/or drugs;
    • Around 53% of all fatal accidents involving a teenager happened on a weekend (between 9 PM to 6 AM);and
    • In 2007, every 2 out of 3 teenagers killed in a motor vehicle crash was male.

    Why do fatal crashes happen?

    Car accidents cause tremendous loss of property and life, apart from having a huge emotional impact. Thoughtlessness, unsafe driving and negligence are the primary reasons for fatal accidents among teenagers. The most common reasons for crashes are:

    • Speeding – Teenagers tend to drive over the speed limit;
    • Lost control – These are high speed crashes where a driver has lost control over the vehicle;
    • Substance/alcohol abuse – In 2007, around 29% of males and 15% of females who were fatally injured had high blood alcohol concentration (BAC) levels;
    • Low vision – Driving at night is a high risk activity for a teenager. Night driving can be twice as risky as driving during the day;
    • Lack of safety measures – Two-thirds of the teenagers who died in 2007 did not wear seat belts;
    • Defective airbags – There are times when the advanced frontal air bags meant to safeguard a driver’s life fail to protect;
    • Faulty seat belts – There have been incidents reported where the seat belts did not buckle or latch properly;
    • Faulty brakes – There are times when brakes of the vehicle did not work for technical reasons or simply failed;
    • Cell phone usage and driving- Texting and/or using mobile phones while driving can be fatal;
    • Tire malfunction – Under-inflation of tires is the most common cause of accidents;

    How can accidents be prevented?

    Responsible driving is something that needs to be instilled among teenage drivers. This can only happen if the parents guide their children to follow traffic rules. Tougher laws, such as for drinking and driving, should be enforced strictly.

    What to do in case affected?

    Thousands of Americans are left with incapacitating injuries each year after traffic accidents; some of them need permanent rehabilitative therapies. One should contact an experience personal injury lawyer in case of an accident that has occurred due to negligence or someone else’s fault, in order to recover lost wages, medical expenses and other costs.

    ATV Crashes and Faulty Designs

    All Terrain Vehicles

    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.

    Entrepreneurs: Books, Web site help lawyer grow practice

    If you get in a car accident and contact Billings attorney Solomon Neuhardt about filing a lawsuit, he might tell you to find another attorney.

    “Each year, we accept a limited number of accident cases from the hundreds of people who ask us to represent them,” says Neuhardt.

    He makes that statement in the first few pages of his book “The Ultimate Guide to Accident Cases in Montana.” He sends the slim, yellow book – or one of the other law primers he’s written – home with nearly every potential client who contacts him.

    “Sometimes the best advice you can get when you’re thinking about a lawsuit is that you do not have a claim that can be won,” Neuhardt says in his accident book.
    But, if he does take your case, “fewer cases means more time for you,” he says.

    The Neuhardt Law Firm is located at 2602 First Ave. S., Suite 319, in the downtown post office building. It can be reached at 294-9540.

    Here’s what else Neuhardt had to say about striking out on his own, and what it feels like to lay down in an empty office on your first day and wonder if you’ve done the right thing:

    Nature of the business?

    Business primarily focuses on personal injury. However, we also help with medical malpractice and criminal defense.

    Why start this business?

    Primarily to be independent. I worked at the former Yellowstone County Public Defender’s Office as a deputy public defender and wanted to be able to run my own operation. I also knew that the most successful businesspeople typically started their own businesses.

    Where did startup funding come from?

    My checking account. I remember renting an office space at 2722 Third Avenue North and laying on the floor of my office waiting for the furniture people to arrive with my desk and credenza. I had no idea if I was the making the right decision, but it seemed to be at the time and has turned out that way.

    How long have you been in business?

    Five years as of April 15.

    Your biggest challenge during the current recession?

    We haven’t seen the recession as much of a challenge. We placed a lot of efforts into marketing in the latter part of 2008 until now.

    I wrote three short books in the last six months or so to promote information to consumers and for marketing. They include “Five Deadly Sins That Will Wreck Your Montana Accident Claim,” “Why Most Victims of Medical Malpractice Never Recover a Dime,” and “What You Don’t Know about Car Insurance Will Hurt You.”

    All of these can be downloaded from our Web site at www.mtaccidentattorney.com. The first book is also available on Amazon.com or from Barnes & Noble or Borders books. A free copy can also be obtained by calling my office. We send out a copy of the accident book to every potential personal injury client who contacts us. We also started sending out a newsletter to current and former clients and others on a monthly basis that is informational. And we spent a lot of time and effort developing our Web site so it provides information about personal injury and medical malpractice cases. The Web site also includes testimonials from former clients and information about the firm. I have a tech person in India who works for us for $4 an hour who spends a lot of time promoting the Web site and the law firm. He works full time.

    What was done to overcome those challenges?

    Whatever challenges existed, if there were ones, were overcome by our stepped-up marketing efforts.

    What is being done to expand the business?

    The publication of the books, the mailing of the newsletter and the development of the Web site has brought a lot of new business in to the firm. The books provides great information to consumers. The newsletter keeps us at the forefront of people’s minds when they are looking for an attorney. The Web site provides great information and attracts potential clients to us.

    Your best business decisions?

    The books, newsletter, and Web site. Great staff members.

    Your worst business mistake?

    Spending too much money on projects with questionable returns on investment.

    What advice do you have for someone running a business?

    Try and keep your costs low and focus on revenues. Customer service should never be compromised. Develop as many business relationships as you can.

    Number of workers?

    Four, including myself.

    What’s your five-year plan for the business?

    Quadruple our revenues. I will publish the medical malpractice and car insurance books and make them available to the public and potential clients.

    Expand the newsletter mailing as much as possible. Continue to develop and promote the Web site.

    A question you would ask other entrepreneurs?

    What is the meaning of life?

    If you weren’t doing what you are now, what would be your dream job?

    Bartending at the Ritz-Carlton in Anguilla.

    Accident Cases Myths You Might Have Heard From Friends Neighbours And Relatives

    Accident Cases; Myths You Might Have Heard From Friends, Neighbours And Relatives

    Here I discuss certain Myths about Accident Injuries that you need to be aware of. Failure to educate yourself about these myths will put your injury case in difficulty and could cause you to lose all of your rights.

    • If you write the insurance company a letter and are reasonable, you will get a reasonable Settlement proposal.
    • When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give them a recorded statement or they won’t settle with you.
    • All lawyers who advertise that they handle accident cases have the same ability, tools and experience to handle your case.
    • All lawyers charge the same fees in accident cases.
    • The court system is some sort of lottery that will help you get rich.
    • Just because there has been an accident and it wasn’t your fault, there must be some insurance company that will pay for your bills, lost wages and injuries.
    • If a lawyer refers you to a doctor, that is a good idea.
    • Juries in Montana are generous.
    • There is a formula for determining settlement value.

    If you want know more about the accident cases the Neuhardt law firm is only a phone call away. You can get a free consultation and get your questions answered