Compensation Expenses

Accidents and injuries come with a price; emotionally, physically, psychologically, and financially. When trucking accidents occur at the fault of the driver’s or company’s negligent actions, they can be legally pursued for compensation. This compensation is aimed to alleviate expenses of the accident, and can help pay medical bills, property damages, lost income and debt from permanent disabilities. Accidents can have serious repercussions on the life of the injured, and the responsible party has the legal obligation to settle their losses.

When any car is involved in an accident with a commercial truck or other large vehicle, it is likely that the larger of the two will inflict the most damage. Because of this, other drivers involved in the accident can sustain serious injuries or death. Possible injuries include lacerations, broken bones, burns, and other traumatic wounds.

Other than alleviating medical expenses, compensation can be provided to replace or fix damaged property. A main instance of this is the cost of car repairs. Depending on the severity of the accident, cars can have different ranges of damage costs. Whether it is the truck driver or the company at fault, the plaintiff’s damaged property is included in the compensation calculation.

Lastly, injuries can result in a loss of income or permanent disabilities. These two factors can make up a significant part of the compensation. No person should struggle financially because of something they did not do. When the financial loss is someone else’s fault, they should be held accountable for covering it.

The website of the Abel Law Firm attests to the importance of pursing the responsible party for any losses. If you have been involved in a car accident, you may be able for compensation that will help relieve your situation.

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Escaping Rollover Accidents with ESC: It Depends

There is always a drive to come up with new ways to prevent automobile accidents, which persists as the leading cause of deaths in the US despite the downward trend of fatal accidents. According to the website of the Habush Law Offices, rollovers are the cause of about one-third of all fatal vehicle crashes, so it is obviously a good place to start innovating safer technology. Non-fatal rollover accidents still result in serious injuries that are nearly as bad for the victims.

A recent innovation for vehicles that was believed to prevent a significant number of rollover accidents was introduced into the market. Referred to as electronic stability control (ESC), or electronic stability program, this is basically a program that is designed to detect when there is a loss of steering control, triggering it to automatically apply the brakes selectively, depending on the type of loss of control. It is particularly aimed to detect when a vehicle skids, such as when navigating a sharp curve at high speeds. This is a common cause of rollovers, and ESC is designed to minimize this.

However, it would be misleading to believe that ESC will help prevent rollover accidents in general. ESC is designed to improve steering control, which most typically results in untripped or first event rollovers. When a vehicle equipped with ESC collides with another vehicle, resulting in a tripped rollover, the ESC will not be effective in preventing a rollover accident. Nevertheless, having ESC and some other safety features in your car might help reduce your auto insurance costs.

Moreover, since only newer vehicles (2009 onwards) are equipped with ESC, those with older vehicles will not benefit from the innovation. But it is admittedly 56% effective in preventing untripped or first event rollover crashes for vehicles equipped with ESC according to a study undertaken by the National Highway Traffic Safety Administration, so this is definitely an improvement that contributes to greater safety on the road.

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The Question of ATVs

It is widely accepted that on average, every person on the planet will be involved in some kind of car accident at least once in their lifetime. Some will be minor, while others will be fatal. Few people consider that the dangers that confront car drivers and passengers may equally apply to all terrain vehicles (ATVs).

ATVs are considered recreational vehicles for family use, and as such can be operated without a license and without age limit. According to the law firm Habush Habush & Rottier S.C. ®, it is tempting for children and teenagers who live in wide-open spaces take out an ATV for a spin unsupervised, and this can be a recipe for disaster.

It is estimated that on average 150,000 people in the US require medical attention for injuries they sustained while on an ATV every year. Among the more serious injuries sustained include traumatic brain injury, spinal cord injuries, neck injuries, and fractures, all of which can have long-term and expensive medical consequences. In one study, it is estimated that a permanently disabling ATV-related accident can cost the victim more than $10 million in life care.

The most common cause of ATV-related injuries is rollovers or flipping, and the most common victims are those that are riding in the back. ATVs are not particularly stable, and may actually be more dangerous on a paved road. Although ATVs usually have space in the back for passengers, it is not designed to do so safely. When an ATV flips over uneven terrain, any passenger is more likely than not gets pinned under it or thrown, which can lead to the injuries mentioned above.

Because there are few regulations with ATV use, teenagers are the most common victims in an ATV accident because they often lack restraint and the skills to operate the vehicle safely and properly. It is therefore the duty of ATV manufacturers and retailers to follow federal regulations for ensuring the safety of those who use their products.

If you are seriously injured because of the defective design of your ATV, you may be able to get compensated for your medical expenses as well as pain and suffering. Find a product liability lawyer in your area for more information on your legal rights.

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Determining the Cause of a Rollover Accident

Approximately 18,000 auto accidents occur every day in the US of which 4,500 are serious but not fatal, and 1,000 are fatal. Those who are seriously injured in a rollover accident account for only 3% (about 135) but for fatalities, a rollover accident accounts for fully 30% (about 300). Rollover accidents are therefore potentially deadly, but it could be caused by a number of factors, which would determine who should be held liable.

There are some vehicles which are significantly more prone to rollovers, so if an accident was due to that, liability would lie with the manufacturer. But if the rollover was caused by another vehicle, that would be a different matter entirely. It is also possible that when you are injured in a rollover accident, it would involve both product liability and negligent driving issues.  In many cases, accident reconstruction may be necessary to determine causation, both primary and secondary.

There are three considerations that a personal injury lawyer will initially think on to find out when attempting to determine liability for a rollover accident before calling in an expert witness. These are the reason why the car went sideways, why it rolled over, and if it the rollover actually caused injury to the client.

The answer to these questions will be forthcoming during interviews with the client, police reports, and testimony from witnesses. In order for a vehicle can roll over, it has to be going sideways. There are four ways this can happen: if the vehicle is structurally unstable i.e. high center of gravity and can tip over negotiating a curve or if it loses traction, if the vehicle was subject to a triggering event such as a tire blowing out or the brakes lucked, if the vehicle hit a road defect i.e. pothole at high speed causing the car to tip over, and if another vehicle struck the client’s car. If causation is obvious in the initial assessment, it would greatly help a personal injury case. If the proximate cause is indeterminate, it can make problems for the personal injury lawyer.

If you are seriously injured in a rollover accident, a personal injury lawyer such as Habush Habush & Rottier S.C.® will determine what kind of case can be filed after finding out the proximate cause. If the cause was not the manufacturer’s fault, but another driver’s, the lawyer will probably pursue that person’s auto insurance company for damages.

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