Archive for the ‘Accident Tips’ Category
Wednesday, June 16th, 2010
There are many Tennessee auto accidents each year where adult occupants of the vehicles go unharmed while the children involved suffer catastrophic injury or death. The Tennessee auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) know how devastating it can be if your child is seriously injured or killed in a Tennessee auto accident because of a defective seat belt, booster seat or child safety restraint. There are many auto accidents that cause injuries every year, which result from defective child restraint systems or automobiles with seat belts not designed to safely accommodate children or a child car seat. The significance of the problem is reflected in a recent study that suggests that 80% of all child restraint systems are installed incorrectly because of the lack of compatibility between child restraint systems and automobile seat belts. Many children are hurt each year from unsafe seat belts, booster seats and child safety restraint systems.
There are some states that do not require booster seats for children between the ages of 4-8 even though seat belts do not fit properly over children’s bodies. The improperly fitting seat belt can lead to catastrophic seatbelt related injuries in a serious car accident known as seat belt syndrome. In an auto accident of this type, a 7-year-old girl was wearing her seat belt but pulled the shoulder strap over her back because it rested against her face. The lap belt fell over her stomach. When she was involved in a car accident she suffered a spinal chord injury, bowel and kidney damage and a bruised heart. She is now permanently confined to a wheelchair. Children who experience seat belt syndrome are not uncommon and can suffer liver injuries, abdominal injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal chord injuries and death. The attorneys of NST Law will help you seek compensation for a child’s injuries that result from a poorly designed or malfunctioning seat belt.
Even when a child booster seat is used during a Tennessee auto accident, it can be defective or poorly designed and lead to the catastrophic injury or death of a child. The booster seat is intended to compensate for the problem created by the poor fit of a seat belt where a child is involved. The shoulder belt should snuggly cross over the center of the child’s shoulder while the lap belt should cover the upper thigh area rather than the abdomen. If the booster seat does not create a proper fit, a child can suffer traumatic brain injury, spinal chord injury, organ injury and even death. At NST Law, we have experience with Tennessee auto accidents involving children injured by defective booster seats. If a booster seat is poorly designed or does not provide adequate instructions or warnings of potential risks, NST Law will aggressively pursue compensation for catastrophic injuries or death suffered by a child in a Tennessee auto accident.
Child safety restraint systems also often result in catastrophic injury or death. Many child safety restraint systems have outdated designs that are based on a car seat and seatbelt configuration that no longer exists in most vehicles. The majority of child restraint systems were designed to fit bench seats with the seat belt anchor at the crack in the seat. In most newer model cars, the seat belt anchor is located on a stalk, which is not located near the crack in the seat but in a more forward position. The change in the position of the seat belt anchor and seat design has created compatibility problems with many child safety restraints. Most child safety restraint manufacturers do not provide warnings indicating which vehicles it is not designed to fit safely. There is also a number of other specific design or manufacturing defects found in child safety restraint systems including the following:
- Defective Chest Clips: The chest clip secures the shoulder straps together in position over the child’s chest. The clips are sometimes made with cheap and flimsy material that breaks during an auto accident. The clips are also sometimes designed poorly so that the straps slip out during a car accident.
- Defective Buckles: The buckle is intended to keep a child locked safely in place. Some buckles are poorly assembled and open from the impact of an auto accident. If they are not properly designed or assembled, the buckle can also be unfastened easily by a small child occupying the child safety restraint.
- Detachable Carrier Seats: This type of child safety restraint has both a detachable carrier and a base into which the carrier fastens. The two components that make up this type of child safety restraint have been known to separate during an auto accident because of inadequate design.
- Insufficient Padding: Padding in a child safety restraint is a critical part of the protective device providing protection from impact. If the padding is inadequate, it can lead to catastrophic injury or death.
At NST Law, we know the emotional pain of having a child seriously injured or killed in an auto accident can be overwhelming. We at NST Law know that such a loss is even more tragic if it results from inadequate safety equipment including an inadequate seat belt, booster seat or child safety restraint. We will help you seek just compensation for the injuries suffered by your child.
Tags: car-accidents-involving-children, injuries-due-to-child-restraint-device, Tennessee-accident-involving-children-lawsuit Posted in Accident Tips | Comments Off
Tuesday, June 1st, 2010
Cell phone usage continues to rise dramatically as cell phones have become a fundamental part of our daily activities including making calls, sending texts, surfing the internet, using GPS or other smart phone functions. With expansion in the use and function of cell phones, the use of cell phones while driving now comes close to alcohol as a leading cause of auto accidents. The Tennessee auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) aggressively pursue compensation on behalf of those who suffer catastrophic injury or death caused by drivers who are distracted by cell phones.
A recent study by the National Safety Council found that 1.6 million accidents annually or 28% of all accidents are caused by cell phone conversations or cell phone texting. The study estimates that 1.4 million crashes are caused by cell phone conversations while another 200,000 are caused by texting while driving. Driver distraction, which is frequently caused by cell phone use, leads to 6000 auto accident fatalities and 500,000 auto accident injuries per year. To put this in context, distracted driving causes 80% of auto accidents whereas drunk driving contributes to only 33% of all auto accidents nationally.
A growing number of states have banned cell phone conversations and/or cell phone texting while driving because of the significantly increased risk of serious auto accidents. Currently, Tennessee auto accident law does not provide much protection from cell phone related car accidents. Tennessee prohibits texting while driving but this ban is largely ineffective because cell phone users may make calls and talk on their cell phone when driving. The law provides little if any protection against injury from Tennessee auto accidents related to cell phone use. Further, the ban on texting presents enforcement issues because it is difficult to determine if a driver was dialing a phone number, checking his cell phone GPS or texting. “You are still allowed to use the phone while you are driving, and you cannot always tell if someone is texting or making a call,” said Tom Spangler Chief Deputy with the Knox County Sheriff’s Office.
While cell phone use has been a significant cause of Tennessee auto accidents for quite some time, car accidents related to texting are on the rise, as texting becomes more popular especially amongst teenagers. Studies have found that texting increases the risk of an auto accident by as much as 23 times. This is not surprising given a United State Department of Transportation (USDOT) report indicating that drivers who text take their eyes off the road for an average of 4.6 seconds. At a speed of 55 miles per hour a vehicle would travel more than the length of a football field in that period of time.
The experienced auto accident lawyers of NST Law understand the important role that cell phone related driver distraction plays in causing serious car accidents that lead to death or catastrophic injury. Because Tennessee law prohibits texting while driving, a driver who violates the ban can receive a citation, which may make it easier to prove that the driver was texting at the time of an auto accident. The attorneys of NST Law may also seek records from a driver’s cell phone company that show that the driver was texting immediately prior to a serious Tennessee auto accident. NST Law attorneys also use expert testimony and data to establish relevant facts such as drivers talking on cell phones are 18% slower to react to brake lights or that it takes 17% longer to regain the speed lost after braking.
The USDOT has also passed a national ban on texting by drivers of commercial vehicles including tractor-trailers. NST Law can assist in seeking compensation from the trucking company or driver stemming from a driver’s failure to comply with the federal ban on texting while driving a commercial vehicle. The evidence that a driver was texting at the time of the accident might also be used to establish that the truck driver was reckless because he or she was ignoring the national ban designed to promote driver safety. Reckless behavior by the other driver can give rise to punitive damages being awarded by the court. If you are involved in a Tennessee auto accident where the other driver was distracted by a cell phone, NST Law attorneys can help you and your family seek compensation for catastrophic injuries or even death.
Tags: Cell Phone Related Auto Accidents in Tennessee, Tennessee-Car-Accident-Lawyers, Truck-accident-while-texting-laws Posted in Accident Tips, Trucking Accident | Comments Off
Thursday, March 4th, 2010
Social network sites are growing at a phenomenal rate and the trend toward detailing one’s daily activities for the world to see is starting to have a significant impact on personal injury claims. Over 25% of all internet users visit social networks like Twitter, Facebook and MySpace at least once a month. 33% of internet users have made a purchase based on social networking sites.
The tendency of plaintiff’s to provide constant details about one’s daily activities on social network sites is starting to have a negative impact on civil litigation where people have suffered injuries due to the negligence of another person. Tennessee personal injury lawyers advice clients who have a potential personal injury claim to “keep their mouth shut.” Now Tennessee personal injury lawyers are extending this advice to social network sites in Tennessee personal injury cases. Private investigators, insurance companies and defense lawyers are increasingly looking to social networking sites for information about plaintiffs in personal injury cases.
Insurance companies and investigators are searching social network sites looking for information to help build a defense or reduce potential damage claims. They may look for information about how an accident happened and who caused it including an admission by the injured person that he or she was at fault. Insurance companies also look for information posted on social networking sites that can be used to undermine the credibility of a plaintiff by contradicting the injured person’s version of how the injuries occurred. In other cases, information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look less sympathetically at the plaintiff.
Some examples of the impact of a plaintiff’s social media posting are provided below:
- A woman claimed she was disabled but a judge admitted Facebook photos of the woman dancing.
- An insurance company downloaded and introduced Facebook video of a woman doing the limbo on a cruise after she claimed she could not work because of a back injury.
- A judge ordered that information regarding the frequency of one’s Facebook use be introduced where the person claimed brain injury.
In other cases, the information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look at the plaintiff less sympathetically. The insurance company may look for information to show the plaintiff is a “bad person” by showing the plaintiff doing something illegal or immoral. While such evidence is not always admissible under Tennessee personal injury law, the defense may try to use it to make the jury view the plaintiff in a more negative light.
Conversely, the Tennessee personal injury lawyers at Nahon, Saharovich & Trotz, PLC (NST Law) can use information posted on a social media site by the defendant in a personal injury case. A woman who was involved in a car accident while under the influence of alcohol was involved in a fatal accident in which her boyfriend was killed. The judge had decided to treat the woman as a juvenile meaning less harsh sentencing and post-conviction consequences. The judge discovered a picture taken of the woman during a Florida vacation several months after the accident captioned “Drunk in Florida.” The judge was so disturbed by the picture he decided to sentence the woman as an adult. It is reasonable to assume that a civil jury might also be inclined to consider such photos when deciding on damages including punitive damages.
The experienced Tennessee personal injury lawyers at NST Law advise their clients to stay away from their personal blogs and social media sites in the wake of being injured in a Tennessee accident. Any pictures or content that could portray the plaintiff in a negative light should be pulled down from social media sites. However, it is not enough simply to pull the information down from one’s own social media site. The plaintiff also should have all online friends purge the plaintiff from their accounts. If a plaintiff’s photo is tagged, it is still accessible by searching.
The lawyers of NST Law also will investigate the information and pictures on a defendant’s social media pages. At NST Law, we pride ourselves on utilizing cutting edge technology to assist our clients in seeking compensation for their injuries.
Tags: Social Networking Impact on Personal Injury Claims, tennessee-auto-accident-attorney, tennessee-auto-accident-settlements Posted in Accident Tips | Comments Off
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