Accidents Due to Car Defects

Mar 09

For motor vehicle owners, a vehicle recall would definitely be familiar, especially if the vehicle they own is one of those that is presently, or has been, part of a recall. According to the National Highway Traffic Safety Administration (NHTSA), a vehicle recall becomes necessary if the same problem has been cited as the cause of accidents involving vehicles of the same make and model.

Specifically, a recall is made either by the manufacturer (voluntary recall) or through a court order that is instigated by the NHTSA if:

  1. The defective vehicle or vehicle part poses a risk to the safety of the driver, passengers or anyone on the road; and,
  2. The vehicle or any of its parts has failed to comply with the minimum performance requirement established by the Federal Motor Vehicle Safety Standards (FMVSS). Minimum performance standards are aimed at ensuring the safe operation of a vehicle and the safety of all vehicle occupants (driver and passengers) from injury or death in the event of a crash; there are minimum standards for brakes, tires, lighting, air bags, safety belts, child restraints and other parts.

In September of 2014, Ford recalled more than 850,000 of its vehicles due to defective airbags and seat belts; on the month that followed, Chrysler discovered these same defects in about 184,215 of their SUVs worldwide, thus, prompting said manufacturer to recall their defective vehicles.

Vehicle recalls usually happen after consumers send their complaints to the Office of Defects Investigation (ODI), a department of the NHTSA. The most recent biggest auto-safety recall in the history of the car industry in the US, thus far, involves Takata-made airbags that are said to explode, shooting potentially fatal metal fragments inside the vehicle. These (driver-side) airbags have been linked to hundreds of injuries and five deaths.

Based on records from, about 19 million vehicles in the US have been installed with this defective airbag; around the world, the total number of vehicles affected and, thus, being recalled, is 53 million. Some of the vehicles affected are Honda, Mitsubishi, Mazda, Daihatsu, Nissan, Toyota, General Motors, Ford, Mercedes-Benz, Chrysler, BMW and Lexus.

The installation of airbags in vehicles was made a law by the NHTSA in 1984. This law mandated the installation of an automatic occupant protection device (such as an air bag or an automatic seat belt) in all passenger cars manufactured after April 1, 1989. Then, in 1991, the US Congress passed the Intermodal Surface Transportation Efficiency Act, which required the installation of air bags on the driver (frontal) side and passenger side in all passenger cars and light trucks that are to be manufactured after September 1, 1997; the Act also mandated the installation of manual lap-shoulder belts on the said types of vehicles which will be manufactured after September 1, 1998.

Besides airbags, defective parts or defective vehicles have also been discovered in the past, resulting to millions of vehicle recalls, like the 22 million vehicles recalled by more than 10 car manufacturers (in 2013) due to malfunctioning parts, which included steering wheels, brake pads, tires, seat belts, child seats, wipers and engines which caused gas to leak.

According to the website of personal injury lawyers at the Karlin, Fleisher & Falkenberg law firm, automakers have the obligation to do everything to fix the defect as soon as they become aware of it. Fixing the defect, however, does not release them from being accountable for whatever accidents it has caused. To conceal, as much as possible, the details about the defect and the accidents, many car makers, continued the said firm, reach out to victims with attractive settlement offers.

Read More

Defective Road Conditions

Oct 22

Road defects may be a nuisance that is can be avoided, and occasionally it can do some substantial damage to your car. If you have been a victim of road defects, generally, you rant and rave about it for a little while then decide to get over it and just pay the repair bill. But when highway defects become the basis for severe injuries that result in death and trauma, that’s a different matter completely. You may have to get the party liable to pay you for your substantial losses.

Once you have the applicable information, your next thing would be to record a notice of a possible injury lawsuit, which will give the agency the opportunity to react to the claim. If you are fortunate, the bureau will discover that your claim is valid and will get it settled for you then and there. But it’s more probable that your claim will be rejected. In either case, do not forget to pass it through your attorney.

The website of the Sampson Law Firm states that road flaws tend to be a product of negligence i.e. inadequate care. Keep in mind, however, that when you might have a lawsuit for highway defects, you’re taking on the government, which you should not do ill-advised. Furthermore, authorities have sovereign immunity, which limits their responsibilities to major highway defects i.e. want of reasonable care and maintenance.

You will be told all possible defendants on your specific case by the lawyer according to the circumstances of the accident. These will contain the when, where, what, why and how, so the lawyer can charge the responsible bureau. In Kentucky, the different agencies in charge of roadwork might be the Kentucky Transportation Cabinet if you’re on one of the bridges, the main roads, or the crossing of the express. The fault could also be on the county or city level, and even the contractors who are employed to ensure safe road conditions.

Read More

Rollover – A Life-Threatening Accident

Jun 18

About 24,000 cases of serious injuries and 10,000 deaths, all due to rollover accidents, are reported to the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) every year.

A rollover accident, wherein a vehicle rolls onto its side or roof, can be life-threatening like head-on collisions. The effect can be worse if the driver were speeding prior to the accident, and still much worse if the vehicle’s roof collapses and crashes down on the driver’s and passengers’ head and spine, resulting to serious head and spinal injuries.

A vehicle, which is prone to oversteering, especially when making a sharp turn, or understeering (or turn less sharply), can rollover. More susceptible to rollover accidents, however, are pickups, passenger vans and SUVs which are vehicles designed with a high ground clearance or a high center of gravity but with a narrow track width as shown by the distance between their left and right wheels. Vehicles designed this way have lesser stability and reduced steering capacity, and these are further reduced if the weight of the passengers and cargo (whether these are placed inside or on top of the vehicle) are not equally distributed.

Analysis of data (on car accidents) made by the NHTSA show that speed (above 55mph) and alcohol intoxication are major contributory factors to rollover accidents. However, despite this statistical information, speed and alcohol may only be considered as secondary factors, the first being the vehicle’s faulty manufacturing design.

If a vehicle with a high ground clearance and narrow track width corners too sharply or drives down a steep slope, it can easily fail to remain upright or slide sideways and so, rollover, as a result. In addressing the problems of stability and steering control and help ensure driver safety in the process, giant car manufacturers introduced the Electronic Stability Control (ESC) system, also known as electronic stability program (ESP) or dynamic stability control (DSC), a computerized safety device that helps improve vehicle stability by reducing chances of skidding or loss of traction. This safety device consists of sensors that are able to detect loss of vehicle control, automatically applying brakes on each wheel, if it does so, to enable the driver to steer the vehicle back on track. ESC also helps to keep the vehicle stable, especially during quick turns, improves traction and reduces chances of oversteering and understeering.

But while ESC may save a driver and other vehicle passengers from injuries or death in the event of a rollover, faulty manufacturing design will not. A rollover is a serious accident. Besides a threat to life, it also causes major damage to properties. It will definitely be in the best interest of rollover victims, therefore, if they contact a knowledgeable and experienced lawyer immediately to inquire about their legal rights and options in pursuing compensation for whatever damages they suffer.

Read More

Selling Mineral Rights: A Much Wiser Decision?

Mar 18

The recent discovery of fresh shale gas regions at various locations in the US during the last 10 years may just very well be the solution to the depleting volume of natural gas produced from current shale regions in the US.

Shale gas refers to natural gas that is trapped within shale formations or fine-grained sedimentary rocks. Shale formations are rich sources of petroleum and natural gas and, based on the U.S. Energy Information Administration’s list, the top regions that lead in the production of natural gas for domestic use include: Southern Texas’ Eagle Ford shale; the Bakken shale region, an area that extends from North Dakota to Montana; Niobrara, the region that stretches across parts of Wyoming, South Dakota, Nebraska, and Colorado; the Permian basin in West Texas; the Haynesville rock formation in southwestern Arkansas, northwest Louisiana, and East Texas; and, Marcellus shale, which lies 4,000 – 8,500 feet beneath the eastern half of Ohio, West Virginia, northern and western Pennsylvania and southern New York. This is also one of the most extensive shale regions in the nation and probably the world’s second largest.

The still widening drilling activities in shale gas regions, both in existing and new ones, have tossed big companies in a more intense search for mineral sites. Owners of properties near drilling sites or within declared shale regions are, likewise, cast in the air of excitement due to the possibility that their land holds rich, yet, untapped wells of oil or other minerals. And, to a lot of these land owners (who have never really decided yet), the questions are the same regarding their land and mineral rights: sell or lease?

While a decision to sell mineral rights can mean a possible huge, and readily available, lump sum from the buyer (regardless of whether the land will actually produce or not since this risk will already be on the company which will purchase the land or mineral rights), leasing, on the other hand, might also possibly enable the owner to, eventually, earn the same amount as the sale or may be even more, but only if the property is productive and will keep on producing for a long time.

While some owners never pass the opportunity of grabbing an offer that is very hard to refuse, others rather decide to just hold on to (and lease) their property, while others, still, decide to do both, that is, sell half their property or mineral rights and lease the other half.

Whatever decision may be arrived at, it is always advisable to first get the advice of legal professionals who will help the owner sort through all the documents that state the sale or lease of the property or rights. This is to save owners from deeply regrettable errors committed by some in the past who intended and believed that they were just leasing their mineral rights, only to discover afterwards that the documents they signed were actually closure of sale of their property or rights.


Read More

Uses for Zofran

Mar 18

While Zofran is known for subsiding nausea and preventing vomit, there are specific areas to which it is intended to apply. Medicines like Zofran were designed for patients who experience cheomptherapy-induced nausea and vommitting (CINV), radiation-induced nausea and vommitting (RINV), and post-operative nausea and vommitting (PONV).

More than two-thirds of all chemotherapy patients experience CINV. There are five types of CINV: acute, delayed, anticipatroy, breakthrough, and refractory. Types are determined by different triggers, including time passed since treatment or factors within chemotherapy. Another subdivision of CINV is the level in which patients are affected. This level is attributed to drug or the characteristics of the individual.

Another intention of Zofran is to help combat RINV. The amount of radiation to the stomach received is directly related to RINV: the more radiation a person receives, the more likely they are to be afflicted with RINV. When this happens, seratonin-blocking ingredients, like ondansetron in Zofran, are the preferred medication to use.

Lastly, PONV affects a lesser percentage of surgery patients than do CINV and RINV, yet is  evident in roughly a quarter of anyone who undergoes surgery. There are four risk factors that heighten a patient’s risk of developing PONV. These include characteristics of the anaesthetic, individual, individual, and the surgery itself. When looking at the individual’s characteristics, females and older ages are speculated to increase the prbability of developing PONV.

Zofran birth defect attorneys cite the importance of using drugs like Zofran only when prescribed by a doctor to treat the appropriate situation. While the medicine is  effective in its purpose, the misuse of it can result in undesired consequences. Cases of CINV, RINV, and PONV are three of patient’s most feared post- chemotherapy or radiation treatments. Drugs like Zofran are designed to subside or eliminate this fear, for the sake of this sector of patients.

Read More

Benefits of Dental Implants

Feb 06

Losing a tooth can happen easily and often. If you’ve lost a tooth by playing sport, falling down, or any other reason, receiving dental implants is a suggested way to fix dental problems. Dental implants have lasting corrective effects despite the severity of the dental problem.

These implants are done in a way that makes the fake tooth or teeth look completely natural. They are composed of a cylindrical post, and a connector that attaches the new crown. The post is fused into the jaw bone, and then one or several crowns are attached (depending on how many teeth are missing). This fusion provides a sturdy foundation that prevents teeth from falling out or shifting. Furthermore, the jaw bone deteriorates without teeth to support. Inserting the post into the jaw stimulates its growth and prevents it from sinking or losing firmness.

Part of the process of getting dentures or other fake teeth is grinding the ones on either side of the gaping area. This creates the bridge in which to insert the new teeth. With dental implants, no other teeth are affected; the new one is simply implanted along side others.

Dental implants are safe and predictable. They have a result that looks as though there was never a problem in the first place. The fusion process, known as osseointegration, is unique in that it enables a fake tooth to serve all of the functions of a real one. Dental implants leave the patient with teeth that look strong, white, healthy and natural.

Read More

Responsibilities of Insurance Companies After Hurricanes

Feb 04

Hurricanes are devastating. They tear homes, families and cities apart. After the devastation, insurance companies should repair houses that have been damaged by the storm. Filing for residential hurricane insurance claims can be difficult, and communicating with insurance companies can be frustrating. However, it is the responsibility of insurance companies to compensate for repairing damage.

The website of the Williams Kherkher law firm notes how Hurricane Sandy caused between $5 billion and $10 billion insured losses. Overall damages are overwhelming. Homeowners insurance is designed to protect the home and the people inside of it after these damages occur. Insurance premiums are paid so the homeowner can receive compensation for the home to be brought back to its original state.

Although policies have differing time periods to submit a claim, most often it is within one year of the incurred damage. Homeowners premium rates shoud not go up in “Act of God” instances. Since Hurricane Sandy inflicted “Act of God” damages, increasing premiums are not allowed in most insurance company policies.

The first step in recovering some of these losses is calling a contractor to estimate repair costs. However, problems can arise if the contractor is sent by the insurance company, because they can have an alternate incentive. Having multiple estimates is beneficial to the homeowner in order to have a reliable estimate for the insurance company.

If you have been subject to problems regarding your homeowners insurance after Hurricane Sandy, a lawyer can help acquire compensation for your damages. Whether the companies are not acknowledging the repair estimate, or are increasing your premium rates, contact an attorney that can legally hold the insurance company accountable.

Read More

Common Causes of Construction Slip and Falls

Feb 02

What causes the majority of injuries on construction sites? Accidental slip and falls. Sites everywhere must be fully equipped with prevention equipment, but accidents happen all the time. There are many causes that contribute to construction workers slipping falling, and thus injuring themselves of the worksite.

Slipping in a puddle of water, oil, or other liquid substance can be extremely dangerous because it is uncertain as to how the worker will land. In many instances, the result is a fractured bone. However, according to the website of the LaMarca Law Group, P.C., these falls could result in concussions or brain injuries that have detrimental effects on the worker.

Another cause of slip and falls are slick floors and cluttered worksites. When floors don’t have any traction (if they are made of metal, wet wood, smooth concrete, etc.), the workers are put at risk. Secondly, when worksites have unclear pathways, workers can trip and fall over something in their way. It is important to be aware of the surroundings of the construction site to prevent future problems.

The website of the attorneys at Hach and Rose site a common mistake to the problem of improper safety equipment. Falls occur when workers don’t have proper scaffolding and ladders. The result of losing one’s balance without proper scaffolding is life threatening, and the construction worker has the right to pursue the responsible party.

All of these instances can be prevented if the contractor or sub-contractor adheres to proper safety regulations. When they are not kept, people get hurt. Consult with a lawyer in your area if you have been a victim on a construction site due to the unsafe working environment.

Read More

What is “Best Interest of the Child?”

Feb 01

In divorce cases when child custody is determined, the primary question is the “best interest of the child.” There are different factors used to determine what is in the child’s best interest, all of which affect the outcome of a child custody battle.

The website of Marshall and Taylor, PLLC, a divorce law firm, indicates that the top priority of divorce cases is often serving the child or children. There are two types of child custody: physical and legal. Physical custody is the right of the parent to spend time with their child, while legal custody is the right of the parent to make important decisions for them. The best interest of the child is considered win each of these instances, which can make cases can be messy and intricate.

Factors when determining best interest differ from state to state. However, commonalities are where the child will have a stable environment, physical and mental health of the parents and ability of the parent to support the child. The website of law firm Alexander and Associates stresses the importance of considering educational and medical needs as well, because numerous children involved in these cases cannot yet make the decisions themselves.

The results of divorce cases can very greatly depending on the specific situation and circumstances. These cases can result in joint custody, sole custody, or visitation rights. It is up to the court to determine the specific arrangements of child custody in divorce cases after consideration of these “best interest” factors. If you need help to fight for or protect your child, get in touch with a divorce lawyer that practices in the field of child custody.

Read More

Corruption Concerns in the Work Place

Jan 31

There are many laws regarding equal pay in order to ensure fairness in the work place. Whether it is minimum wage or protection against gender discrimination, laws regarding salary are in place to protect employees.

The federal government has set minimum wage at $7.25/hour, however New York’s minimum wage is $8.75/hour. On top of this, for every hour worked over 40/week, the employer must be compensated by one and a half times that rate/hour. If not, the website of the law offices of Cary Kane speaks to how an employer can sue based on on theft.

Sexual discrimination and sexual orientation discrimination is another way in which salary equality is violated in the work place. Sexual orientation is defined by how one aligns his or her self, whether it be heterosexual, homosexual, bisexual, asexual, or transgender. A New York sexual orientation discrimination lawyer can explain further when discrimination is evident. This includes when when an employee’s salary has been unfairly discredited on account of their sexuality. For example, this could be when a man gets a raise but a woman doesn’t, although they have been performing the same task.

Violations regarding workers’ salary are rampant, and the responsible party can be held legally accountable. Under minimum wage laws, an employee can take legal action against an employer for theft dating back to the previous six years. In discrimination cases, based on sex or sexual orientation, illegal actions can be reported. In any of these instances, employees should receive justice for their hard work, or for crimes that have been illegally committed to their expense.

Read More