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Personal Injury (Volume 6)

PERSONAL INJURY (VOLUME 6)

 

 

By

Word Chapter

 

 

 

Shakespir EDITION

 

 

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PUBLISHED BY:

Word Chapter on Shakespir

 

 

Personal Injury (Volume 6)

Copyright © 2016 by Word Chapter

 

 

 

COPYRIGHT NOTICE

 

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, without the prior written permission of the publisher.

 

DISCLAIMER

 

All the material contained in this book is provided for educational and informational purposes only. No responsibility can be taken for any results or outcomes resulting from the use of this material.

 

While every attempt has been made to provide information that is both accurate and effective, the author does not assume any responsibility for the accuracy or use/misuse of this information.

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Understanding the Personal Injury Regulations

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Personal injury regulations are special arms of the law set aside for various injuries, wrongful behavior upon someone else as well as damage of any sort. It is the personal injury law that has given victims of various degrees of injury the power to seek for compensation in order to ease their financial pain.

Understanding the personal injury regulations will encourage good behavior

Many of those who neglect common laws and behave in risky ways do so because they do not understand the personal injury laws and the gravity of their actions if presented before a law court. On the other hand, it will enable victims of accidents as a result of neglect to seek legal redress to their problem.

Personal injury regulation covers a wide variety of injuries

Personal injury does not have a clear definition and accommodates a wide variety of injuries ranging from the smallest (which can be as small as the loss of a canine) or as large as an injury resulting in disability. One thing that is central to all the injuries covered by personal injury regulations is that they all have to be caused by neglect.

Carelessness is when an individual fails to act sensibly

In terms of personal injury regulation, carelessness is defined as an injury that results when an individual fails to act in a way that sensible individuals would have acted thereby resulting in the injury of another person. To find the person innocent or guilty, the court will look carefully at their situation and deliberate on it depending on the available evidence.

The level of carelessness needs to be ascertained

The amount that a victim of personal injury can demand as a claim from the defendant to a large extent will depend on the level of the defendant’s carelessness. Higher carelessness will attract a greater fine. Once carelessness has dropped to the level of ‘comparative negligence’, the amount that can be permitted as the claim will drop.

The plaintiff can be judged to have contributory carelessness

This kind of judgment is less favored in recent times. However, contributory carelessness is when the judge, after close scrutiny of the evidence presented before him /her rules that the plaintiff acted in a careless way that contributed to their injury or damage. Comparative and contributory carelessness has the same effect which is that the level of money that can be paid as the claim will drop.

You can sue another person that crashes your event

Event planning can be very hectic and demanding but for a celebration that is worth it, the stress and the pain of the reparation are soon lost to the joy of merriment. Imagine after doing all the work and someone else soils your celebration. This is known as a tort in the personal injury sphere and the event owner can sue the defaulting party for tort and seek compensation.

Slide and falls rank tops in the cause of mishap

The statistics of personal injury cases has placed slide and falls among the reasons that lead to personal injury lawsuit. A slide is when a victim slides as a result of fault in the building. Fall, on the other hand, as the name implies is when things fall from the ceiling resulting in injuries to the victim. The owner of the house is held accountable in each case.

Injury regulations serve as behavioral guide

In the real sense, the aim of injury regulations is not focused on enforcing punishment on offenders. The aim of the regulations is for it to serve as a behavioral guide that will limit the number of injuries.

Article highlights

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Personal injury laws are set aside to handle individual grievances on accident.

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p<>{color:#000;}. The laws serve as a behavioral guide.

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p<>{color:#000;}. The statistics of slide and fall injuries in the US is staggering.

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p<>{color:#000;}. Lack of understanding of the personal injury law leads to risky behavior.

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p<>{color:#000;}. An individual is said to be insensible when they neglect the right thing to do.

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p<>{color:#000;}. Personal injury has a broad definition.

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p<>{color:#000;}. Tort allows event planners to sue event crashers.

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p<>{color:#000;}. Contributory carelessness is when the plaintiff contributed to the accident.

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p<>{color:#000;}. The level of carelessness is directly proportional to the level of punishment.

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p<>{color:#000;}. Compensation helps victims of accident cope with the financial loss.

Read more Personal Injury articles: http://j.mp/2in6Htz

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Seeking Compensation for Burn with the Help of Damage Lawyers

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Fire is beneficial to man in a number of ways such as cooking, drying, warming, burning and so on. The heat that comes out from the fireplace is also soothing during the cold days when the sun fails to rise. The numerous benefits of fire can be forgotten in an instance when it burns out of control, wreaking havoc in its path. Such residential and wild bush fire damage brings damage lawyers to the limelight.

There are different causes of fire burns

The fireplace is built into many homes to provide warmth during extreme cold but there are times when a fault in the burners can result in fire outbreaks. Many cases have been reported across the United States. In most of the cases, there is great loss or damage to properties and in very few cases, burns of varying degree to humans – although a few fatalities have been recorded.

There are other factors that can lead to fireplace burns

Besides accumulation of gas at the mouth of the burner, other factors that can lead to fireplace explosions include wrong or defective wiring and the problem with installation. Sometimes it is a combination of more than one factor.

Injury lawyers can determine the cause of fireplace explosion

The buildup of gas pressure at the mouth of the burner is often the cause of gas explosions in the fireplace. This buildup has been shown to result from errors in the manufacture of these burners. In the past, there have been many fireplace burners that have been recalled because of such errors. Attorneys can use available information to determine if the negligence of the manufacturer or defective product was the cause of the explosion.

Offices should have a provision for fire extinguishers

Owners of establishments with fireplaces are required to keep fire extinguishers close and make proper arrangement for an exit in case of fire outbreak. Failure to provide any of the two can constitute an act of negligence and when there is a fire outbreak eventually which leads to the injury of one person or another, the company can be sued by the injured party for negligence. Ultimately, it is the duty of the owner of a business to keep their staff safe.

Burn accident does not necessarily originate from fireplace

Burns can result from hot water spills, and not necessary from the fireplace. Other metal fittings can also heat up and when it comes in contact with the skin can lead to scalding of the skin. Workers who have been harmed by any of these means while at work can seek compensation by employing the services of a personal injury attorney.

The service of a lawyer is crucial in detecting the amount of compensation

One of the reasons why personal injury cases drag on for so long is because the lawyer has to present evidence that shows the defendant acted out of negligence. The other reason is because the claim has to be properly evaluated to know how much is due to the victim. The amount of claim can vary depending on the extent of the injury and doctor’s report.

The attorney will help you file claim

Filing a personal injury lawsuit is one of the most complicated aspects of the law. Not every lawyer is knowledgeable enough about personal injury lawsuit. The experience of the attorney has a great role to play in the success of the case. It is possible for a family member of a deceased to file a lawsuit on their behalf and the benefit will be paid to them if they win.

Article highlights

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The application of heat to man cannot be overemphasized.

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p<>{color:#000;}. Fire outbreaks can have a disastrous effect on humans and the environment.

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p<>{color:#000;}. Fire outbreak can result from a combination of factors.

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p<>{color:#000;}. Fireplace explosions result from the buildup of pressure at the burner.

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p<>{color:#000;}. The manufacturers of burners can be sued for negligence or defective products.

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p<>{color:#000;}. It is the duty of employers to safeguard their employees.

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p<>{color:#000;}. Business owners should provide fire extinguishers.

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p<>{color:#000;}. Burns from touching hot objects and spill of hot liquid constitute fireplace injury.

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p<>{color:#000;}. The attorney of the plaintiff has to show that the defendant was negligent.

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p<>{color:#000;}. The family member of a deceased can file a lawsuit.

Read more Personal Injury articles: http://j.mp/2in6Htz

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How to Handle Cataclysmic Personal Injury with Ease

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Irrespective of where an accident occurs – be it on the road or in the home – there is always some level of injury to humans or damage to property that comes with it. In most cases, only property losses are recorded but there are also few incidents when loss of life gets involved. Either way, the pendulum swings; the economic or financial loss gets involved along the line.

Financial loss cannot be avoided when there is an accident

Whenever there is an accident, the damaged properties would need to be replaced or at least, refurbished – this is when there is only property damage. When a human injury gets involved, hospital bills will mount. If peradventure there is a loss of life, the psychological trauma can be difficult to handle and the family members will have to prepare for burial – more financial losses. It cannot also be dismissed that a lesser form of injury can deteriorate to a life-threatening form in a short time.

Catastrophic injuries are bigger than bruises

A catastrophic injury here does not refer to a simple bruise or fall but a situation that transforms your life forever. One person may slip and fall without any harm besides bruises here and there while another who has undergone similar circumstances will have broken ribs or spine that will change their life forever.

Catastrophic personal injury will transform your life forever

Injuries resulting in facial scars which alter the configuration of your face may result in a reduced self-esteem and ultimately affect your relationship with others. At the extreme, there may be a permanent disability which includes paralysis when the spinal cord has been damaged. The psychological trauma is one aspect of personal injury that is mostly ignored – though it is as tumultuous as the physical pain.

The services of a lawyer should be hired when there is catastrophic injury

When you are a victim of a fierce injury which has transformed your life in a certain way, do not attempt to go it alone. Immediately hire the services of an attorney who would help you determine the amount of claim that is right for your case. A better compensation is right for a more grave injury but this can only be guaranteed if you have a lawyer working beside you.

Some factors need to be put into consideration when penning down a claim

For catastrophic injuries, the claim should not only be limited to the medical bills and the psychological trauma that have been involved but a projection will need to be made with regards to the sustenance of the victim in the future especially when they have been incapacitated from working as a result of the injury.

Poor representation has affected the amount of claim victims of catastrophic injuries receive

There are two sides to the poor success of victims of catastrophic personal injury. In the first instance, they may receive an amount that is not equivalent to their claim as a result of poor representation from their attorney – this mostly happens when an inexperienced lawyer is hired. The second part of the story is that the claims made are often smaller than what they deserve.

Gathering testimonies and evidence is part of the duty of a lawyer

A good lawyer will not sit and fold their hands waiting for the presiding judge to pass a judgment. They will go out and gather evidence and look for people to testify on behalf of their client. They will also evaluate the economic and the non-economic losses in a bid to reach a claim that is satisfactory to the victim.

Article highlights

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An accident always leads to some level of injury.

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p<>{color:#000;}. Increased financial loss cannot be dissociated from the accident.

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p<>{color:#000;}. Catastrophic injuries can transform your life forever.

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p<>{color:#000;}. A similar accident in different people can result in different levels of injuries.

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p<>{color:#000;}. Facial scar injuries can affect your self-esteem.

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p<>{color:#000;}. An attorney should be hired immediately after an injury.

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p<>{color:#000;}. Future implications of a catastrophic injury need to be considered when penning a claim.

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p<>{color:#000;}. Poor representation can lead to a poor claim.

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p<>{color:#000;}. Inexperienced lawyers will make an insufficient claim.

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p<>{color:#000;}. Experienced attorneys will gather enough evidence on behalf of the client.

Read more Personal Injury articles: http://j.mp/2in6Htz

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Steps to Take for a Civil Litigation Using the Services of a Personal Injury Lawyer

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Health issues, no matter the mildness can lead to a certain level of discomfort. The situation is even more bizarre if you have been a victim of an accident. Whether the cause of your injury is intentional, due to neglect or accidental, you will definitely have to endure some physical, emotional or financial difficulties but there is a way out.

Legal action is not a sign of hatred for your offender

Accident victims may get too emotional to think that suing their offender may be a sign of animosity against them. This is not so. As a victim of an accident, you will incur some financial loss and your offender will have to take responsibility for your finance. If they refuse, it is your right to sue them with the help of a personal injury attorney. Suing is the best way to get them to take responsibility.

There are steps to take when pursuing compensation

Pursuing compensation is a stepwise process which may be extremely difficult to go through without the aid of an experienced attorney. The steps involved to get the desired compensation when you are a victim of personal injury are as follows:

1. File your complaint

Once you have made up your mind to chase compensation, the first thing you will have to do is to file a complaint – the language that the legal institution understands. A complaint document should have a list of the complainant’s grievances. A lawyer is in the best position to help you arrange these documents properly.

2. Wait for a response

When you have filed your complaint, a paper would be served to the offender (defendant). The court will allow the defendant a period of thirty days to respond to the grievances of the complainer (plaintiff). The response can either be in the form of admittance or denial. However, the defendant can file for an extension which will provide them another thirty days window.

3. Gathering of evidence

Evidences are what determine on whose favor the verdict would go. A plaintiff can lose a case because of poor fact finding as a result of poor representation, even when they have a strong case. Evidence can be gathered in four ways namely:

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Interrogations of about twenty-five questions answered by each disputant and their testimonies written down.

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p<>{color:#000;}. Meeting with the attorney of the two parties to discuss the injury.

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p<>{color:#000;}. The court will read the evidence to you that you will be required to either accept or deny.

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p<>{color:#000;}. There is a time given to the defendant to produce the document which proves that they are innocent.

4. A period of peaceful resolution

At a point, just before the commencement of the case, the court will give you time to meet with the other party in an attempt to try and resolve the matter amicably. This is known as mediation. This is usually done in the presence of a mediator. If the case is settled, it ends and does not proceed further to a court hearing. The success of mediation will need to be represented in a document.

5. Court proceedings

When every other attempt at out of court settlement fails, both parties will have to meet in court. A good number of cases are never resolved out of court. When the verdict has been passed, an appeal can be made against it for cogent reasons. There are great benefits lining the filing of a personal injury lawsuit but you will need to hire an experienced lawyer to enable you to tap into these benefits.

Article highlights

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Accidents and health issues lead to discomfort.

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p<>{color:#000;}. Some victims of accident think that filing claim is a show of hatred.

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p<>{color:#000;}. The defendant is mandated by law to take care of the victim of an accident.

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p<>{color:#000;}. Filing of a claim is a stepwise procedure.

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p<>{color:#000;}. A claim is a language that legal institutions understand.

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p<>{color:#000;}. Defendants are usually given 30 days to respond to a lawsuit.

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p<>{color:#000;}. The evidence is the deciding factor of a judge’s verdict.

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p<>{color:#000;}. Mediation is the point where the court attempts to resolve the case out of court.

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p<>{color:#000;}. The majority of cases are not resolved during mediation.

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p<>{color:#000;}. The verdict of the judge can be appealed for review.

Read more Personal Injury articles: http://j.mp/2in6Htz

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Intersections are Great Site for Potential Accident

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Every statistics that has to do with road traffic accident points to the fact that there is an increase in the number of road traffic accidents. Of all the recorded road traffic accidents, the majority of them occur at intersections (about forty percent according to statistics from the National Highway Traffic Safety Administration). A number of reasons make intersections potential sites for accidents. The reasons are highlighted below.

The converging of traffic in one spot puts the driver and pedestrian in harm’s way

It is normal for pedestrians, motorists, and cyclists to slow down at intersections. The reduced velocity of all the moving bodies leads to a large amount of them in a place. We all know that the larger the traffic in a place, the more unsafe it becomes but the frequency of accidents can be avoided at intersections if you understand some facts about them.

There are many factors that contribute to rising intersection crashes

One or a combination of factors lead to the increasing crashes at the site of intersections and they include the volume of traffic, the type of traffic signal employed, number of roads coming together and the age and gender of the drivers. Let us have a closer look at the different factors one after the other.

1. Age and gender of the driver

Very young or very old motorists usually have a poor sense of judgment. Statistics from the National Highway Traffic Safety Administration shows that 96 percent of the accident at intersections can be attributed to illegal movements like moving when a red light is on. Very young drivers are usually very enthusiastic and tend to undermine road traffic rules while a blurry sight can make an older driver not to see the traffic light clearly.

2. The number of roads coming together

When more roads are coming together in one place like can be seen at intersections, it often makes it difficult for a motorist to decipher who should give way to the other. For example, the National Highway Traffic Safety Administration found out that that 22 percent of intersection accidents occur when motorists are making a left turn while 12 percent occur when they are driving through the intersection.

3. The type of traffic signal employed

We cannot completely rule out mechanical errors from intersection accidents. There are times when the road traffic lights are not properly calibrated (or as a result of error) making them gives way to two opposing traffics at the same time resulting in an accident. The National Highway Traffic Safety Administration also discovered that fewer accidents occurred when a mechanical traffic light was used to control traffic than when a human being is employed.

You need to contact a lawyer if you are a victim of intersection accident

Whenever you are approaching an intersection, you should be totally cautious and vigilant and accept the fact that there could be an accident. However, when an accident occurs that is not a fault of yours, you need to contact an accident lawyer as quickly as possible. Accident lawyers will offer you legal advice concerning how to file a claim.

Accident victims suffer severe financial losses

Most intersection accidents are usually fatal or leave the victims in dire situations. To get out of these situations, they will need to pay heavily to the physicians. Accident lawyers can help such victims reduce the financial losses resulting from their situation by filing a lawsuit against the defaulting party and seeking compensation on behalf of the victim. There are a number of accident attorneys available in the US and can be easily found online as well. Sue for their help immediately to compensate possible severe losses if you unfortunately succumb to such an accident.

Article highlights

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Statistics shows that there is an increase in the number of road accidents.

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p<>{color:#000;}. The risk of a road accident is increased with industrialization.

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p<>{color:#000;}. Intersections are accident flashpoints.

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p<>{color:#000;}. The number of roads coming together can confuse uninformed drivers.

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p<>{color:#000;}. Intersection accidents are usually attributed to error on the part of the driver.

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p<>{color:#000;}. Age and gender of the driver can affect their sense of judgment.

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p<>{color:#000;}. More accidents have been recorded when traffic is controlled by a human than a traffic light.

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p<>{color:#000;}. Pedestrians and drivers should be cautious when approaching an intersection.

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p<>{color:#000;}. Accident lawyers can help with legal advice and should be contacted quickly.

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p<>{color:#000;}. The victim’s loss can be augmented when the lawyer files a claim.

Read more Personal Injury articles: http://j.mp/2in6Htz

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The Truth behind Atlanta’s Pedestrian Accidents

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Atlanta is a very busy city and busy cities have one thing in common which is the ease of pedestrian accidents. Statistics shows that it is 1.5 times easier for a pedestrian to be killed in a road traffic accident than a passenger of a vehicle. The reason is glaring and distractions on the part of the drivers are usually the primary cause of it all.

A pedestrian that survives a run over by a truck is considered lucky

Every now and then we are greeted by the gory tale of a pedestrian that was either knocked down by a fast moving vehicle or run over by a truck. Either way, the result is usually fatal and in few cases, the pedestrian will suffer catastrophic injuries. The victims that survive in the few instances will have their lives transformed in ways they never imagined. The legal options available to such victims have been explained by lawyers.

The pedestrian fatality rate in Georgia is high

The year 2011 pedestrian fatality data available from the Governor’s Office of Highway Safety in Georgia has revealed that they were 130 fatalities which can be regarded as high. The disturbing realization is that this figure has been so far been doubled through to the year 2015 and this can be attributed to the age structure.

Two groups of pedestrians are at a greater risk of being knocked down by vehicles

According to the Center for Disease Control (CDC), the pedestrian age structure in Atlanta, Georgia, that are more prone to be knocked down by vehicles can be divided into two. The first is the elderly ones who are above the age of sixty-five. These categories make up twenty percent of pedestrian fatalities in the United States. The second category is children (5 – 9 years of age) and they account for nine percent fertilities – in the real sense of it, all pedestrians are at the risk of an accident.

Most of the pedestrian accidents occur over the weekend and at nights

The reasons why most of the pedestrian accidents occur on weekends have not been properly ascertained. The increased night crashes, on the other hand, can be attributed to poor visibility which can be made worse when the headlamp of the vehicles is not properly lit or non-functional. To prevent this, pedestrians are advised to wear reflective or bright clothes at night. In 2013 alone there were 4,735 pedestrian crashes in the United States.

Pedestrians can avoid accident by using sidewalks

For an undisclosed reason by the Center for Disease Control in the United States, male pedestrians are at a higher risk of being killed by vehicles than females. It has been found that alcohol is a predisposing risk factor to accident on the part of both the drivers and pedestrians. To reduce the risk of accidents, pedestrians should use sidewalks when available and when they are not, they should walk facing oncoming traffic.

Motorists are to be blamed for most pedestrian accidents

The motorists have the increased responsibility of having the safety of the pedestrians in mind while driving. Drivers should avoid distractions as much as possible while driving and most importantly, they should pay closer attention to intersections. The advice goes to the pedestrians also.

Contact a personal injury lawyer when you are hit by a car

There is a possibility that you might get some compensation when you are hit by an oncoming vehicle but that possibility can only be guaranteed if you contact a personal injury lawyer. The lawyers would string the evidence and file a claim on your behalf and this will enhance the possibility of winning the claim and getting a greater amount of compensation in this way.

Article highlights

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All pedestrians are prone to accidents.

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p<>{color:#000;}. Age-related factors make some pedestrians more vulnerable to accident than others.

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p<>{color:#000;}. Males have higher chances of being killed in an accident than females.

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p<>{color:#000;}. Poor visibility at night increases the rate of pedestrian accidents.

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p<>{color:#000;}. Pedestrians can reduce the risk of an accident by wearing bright clothes and using sidewalks.

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p<>{color:#000;}. Pedestrians are 1.5 times more likely to be killed in accidents than vehicle passengers.

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p<>{color:#000;}. The rate of pedestrian accident in the United States is high.

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p<>{color:#000;}. Alcohol increases the risk of an accident.

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p<>{color:#000;}. Victims of accidents should talk to a lawyer.

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p<>{color:#000;}. Experienced lawyers can help you get compensation.

Read more Personal Injury articles: http://j.mp/2in6Htz

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Why It is Dangerous to Drive While Grieving

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Distracted driving such as texting while driving, drinking and driving or driving while drunk is some of the factors that are frequently on the news and attributed to the leading cause of accidents but one important factor that may be neglected is driving while grieving. According to psychologists, this action usually invites a disaster that might be associated with loss of life, life-long injury and a huge loss of money.

Grieving and driving are seldom talked about by road safety agents

Details emerging from different psychological reports have shown that the effect of grief on a driver can be compared with that of a driver that is drinking while driving. There was a case of a certain rapper in Georgia who buried his father and a few days later, was involved in a car crash that claimed his life. Although there was no official report pertaining the cause of the accident but it may have been linked to grieving while driving.

Grieving has the same effect on the brain as alcohol

When one is intoxicated with alcohol, their reaction to an event will be delayed because their brain will no longer be able to process new information at the rate it should. The faster a driver can react to events, the more increased chances they will mitigate accidents, grieving elicits similar delayed response behind the wheels.

Different studies have shown that grieving can increase the likelihood of an accident

Some of the accident survivors that were interviewed during the course of the two separate studies revealed that they were relieving the memories of a lost one when they had an accident. Widowers were also followed up by case studies and it was found that they had a 93 percent more likelihood of becoming victims of car crash few years after the death of their spouses.

Distraction of one driver endangers the life of all road users

Injuries sustained from car injuries can, in few case, be mild and most cases are fatal that you may have to miss work. No matter how mild it may be, however, accidents always come with financial implications. The major concern with road safety agents is that when a driver is distracted for one reason or the other, all the road users are put in danger because he or she can crash into them.

Anyone in grief should refrain from driving

In the best interest of the driver and general public, it is advised that anyone grieving the loss of their loved one should refrain from driving immediately after the tragedy or for a few days depending on the emotional stability of the person. As a substitute, you can hire a driver or call on a friend to drive you around temporarily.

Not every grieving person will agree to refrain from driving

In reality, it may be difficult and probably unrealistic to pin down those in grief from driving. The only alternative is to try and suggest ways they can employ to help them stay focused while driving and they are as follows;

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Driving with a friend that will help them to stay focused

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p<>{color:#000;}. Constantly reminding oneself to stay focused

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p<>{color:#000;}. Listening to non-distracting, high energy music

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p<>{color:#000;}. Chewing gum

Car accident victims need to see a lawyer as soon as possible

Finding personal injury lawyers in this new age of technology is particularly easy. All you have to do is to make use of your search engine or go directly to their website and you will get all the assistance you need. Bear it in mind that victims of the accident need to be compensated especially if the accident is no fault of theirs.

Article highlights

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Distraction of any kind while driving is the lead cause of accident.

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p<>{color:#000;}. A distracted driver on the road is a danger to all road users.

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p<>{color:#000;}. Psychologists have found out that driving in grief predisposes one to accident.

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p<>{color:#000;}. Grieving and driving is a less talked about cause of accident.

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p<>{color:#000;}. A driver needs to be fast in their decision behind the wheel to prevent accident.

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p<>{color:#000;}. Grieving and alcohol affects the decision time of a driver.

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p<>{color:#000;}. Studies have revealed widowers have 93% more likelihood to be involved in accident.

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p<>{color:#000;}. Road accidents always come with financial implications.

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p<>{color:#000;}. Those in grief should hire a driver or let their friends drive for them.

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p<>{color:#000;}. Victims of accidents need to consult a lawyer for a shot at compensation.

Read more Personal Injury articles: http://j.mp/2in6Htz

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Discussing the Implications of Motorcycle Crashes with Accident Lawyers

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Recent data on the rate of accident in the United States shows that it is on the rise and motorcycle accidents are not spared in these figures. There is a shocking revelation from the Insurance Information Institute that shows that there were about 8.4 million motorcycle road accidents in 2014.

Motorcycle blindness is the lead cause of accident

The size of a motorcycle or a moped is very small compared to that of a car or a truck. Their small size often makes them invisible on the road so that they are either missed or overlooked. Vehicles often veer into the lane of motorcyclists or collide with them while navigating turns. In this case, the accident is no fault of the motorcyclist.

Collision at rear-end is also common

Rear-end collision usually occurs when a motorcyclist fails to leave enough space between themselves and the vehicle in front of them. For a truck and vehicles, rear end collision may appear like a minor bruise on the car without having any effect on their occupants. For a motorcyclist, on the other hand, it can be calamitous and throw them off their bikes.

The increase in motorcycle accident is linked to the increase in the number of motorcycles on the road

The number of motorcycles and vehicles on the roads of United States has continued to increase year on year thereby increasing the probability of a bad crash to occur. Some United States attorneys have talked about issues concerning motorcycle accidents particularly how victims can get compensation and some of their facts are stated below.

1. Helmets have not saved many motorcyclists from death

It is generally advised that motorcyclists wear safety gears that would prevent them from major injuries in the likelihood of an accident. On the contrary, it has to be shown through information obtained by the Texas Department of Transportation that of the 459 lone motorcycle accidents in 2014, only about fifty-two percent killed in the process (both passengers and operators) did not wear a helmet.

2. There is a higher chance of a motorcyclist dying from accident

Logically, when a car and a motorcycle collide, the motorcyclist is more likely to get more injuries than the passengers of the vehicle. Official statistics shows that motorcyclists are twenty-seven times more likely to be killed in a collision than the passengers of a vehicle. They are also five times more likely to sustain injuries than the occupants of a vehicle.

3. Motorcyclists are more prone to life-changing injuries

A car or truck provides a level of protection to its inhabitants. This is not the case with motorcycles. Motorcyclists have a higher chance of coming down with traumatic brain injuries, neck, and spinal injuries, abrasions and broken bones, all of which can change the life of the motorcyclist forever.

4. A huge amount of money goes to motorcycle injuries annually

According to the Government Accountability Office, it is estimated that a whopping sixteen billion dollars are spent annually on motorcycle crashes. The money usually goes into health care of the injured motorcyclists or their passengers, property damage, rehabilitation, legal fees and loss of wages.

A motorcycle accident can change a victim’s life forever

The victim of a motorcycle accident may forever be in physical pain from the injuries, some of which may follow them to their graves or financial pain because of the exorbitant medical bills to be paid. Working with a personal injury lawyer at such a time is crucial because it may help you alleviate some of the pain.

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Rate of motorcycle accident is on the rise in the United States.

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p<>{color:#000;}. The rise in rate of accident can be linked to the increased number of vehicles on the road.

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p<>{color:#000;}. The small size of motorcycles makes it easy for cars to run into them.

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p<>{color:#000;}. Helmet has done little to stop motorcycle riders and passengers from dying from crashes.

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p<>{color:#000;}. When a motorcyclist fails to leave enough gap between them and the driver in front of them it can lead to rear-end crash.

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p<>{color:#000;}. The chance of a motorcyclist dying from accident is 27 times higher.

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p<>{color:#000;}. Rear-end accident can result in serious injuries to motorcyclist.

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p<>{color:#000;}. Motorcyclists have a higher chance of sustaining traumatic injury.

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p<>{color:#000;}. Huge amount of money is spent annually on motorcycle accident.

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p<>{color:#000;}. An injury lawyer can help you to relieve the financial pain that results from an accident.

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What Your First Steps should be when Filing a Personal Injury Claim

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[* There are many ways injury can come- slip and fall, road accident, dog bites and so on. *] You can hardly predict when an accident would occur, no matter how careful you are. You can be a victim of an accident while trying to be proactive but what you do next is very important. The wrong step could make you lose your claim at getting compensation.

A claim is possible when someone has inflicted harm on you

When you have tried as much as you can to be cautious and someone still comes to inflict harm on you, you can file a claim seeking compensation for your injury – like when a reckless driver over speed and ram into you while walking on the pedestrian lane. However, a claim cannot be filed on a self-inflicted injury like when you fall from a ladder while repainting your home – although you can file a claim for an injury when you are working on someone else’s property.

The defendant should take responsibility for their action

It does not matter if the defendant was aware of their actions or not, or whether they did it out of recklessness, they need to take responsibility for the medical bills and wages of the injured. For some reason, what should be a simple settlement is never so as many of the defendants would fail to take responsibility.

You can file a lawsuit with your insurance company

When a lawsuit is filed by a complainant, they are mostly directed towards the insurance company of the defendant. If you are in New York when the accident happened, it is most advisable to file a claim using the services of a New York personal injury attorney – although it is possible to allow an attorney from another state to represent you in New York.

The first step is to put together the evidence

Events don’t just happen, there are always reasons surrounding the occurrence of an accident. Make sure you collect the evidence as this will help you to win the case in the court. Evidence can be in the form of taking photographs of the accident scene or objects in the environment that would help to prove your case. Other forms of evidence can be the medical bills, documents that will show you visited the hospital or letter of exemption from your employer showing you have been off work because of the said accident.

Take note of the witnesses at the accident scene

It is always almost impossible for an accident to occur without one or two persons being around to witness it. If you are lucky enough to survive an accident, always make sure that you take down the phone numbers of one or two persons that witnessed the accident. Once in a while, contact them to hear their sides of the story to see if they are in unison and verify if they will be willing to testify for you in the court.

Approach the defendant and try to reason with them before filing a lawsuit

If you have made up your mind to file a lawsuit after an accident, it is important to first of all approach the defendant and let them know your intention. In a few cases, the defendants would request to have the case settled out of court which would be beneficial to all the parties.

Get a lawyer involved when you are a victim of accident

No one prays to be involved in an accident but peradventure it happens, you need to contract a personal injury lawyer as soon as possible before the statute of limitation prevents you from getting your claim.

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Injuries can come in different forms.

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p<>{color:#000;}. Becoming injured is not dependent on how careful you are.

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p<>{color:#000;}. You can file a claim if someone is the cause of the injury.

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p<>{color:#000;}. Claims cannot be filed for self-inflicted injuries.

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p<>{color:#000;}. Injuries lead to economic losses.

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p<>{color:#000;}. The defendant is expected to take responsibility for the losses.

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p<>{color:#000;}. Compensation will help the victim cope with the challenges arising from the injury.

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p<>{color:#000;}. Insurance companies are usually the target of lawsuits.

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p<>{color:#000;}. Getting ample evidence from the accident scene can help you get the desired compensation.

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p<>{color:#000;}. Photographs of the accident scene can serve as evidence.

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The Alarming Number of Fatal Motorcycle Accident is a Cause of Concern

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There are different motorbikes placed into different categories such as rat bikes, sports bikes, and super bikes. Each of the different categories has varying speed limits with the super bikes being the fastest – and mostly used for sports. Riding a motorbike – no matter the category they fall into – can be thrilling but also very risky.

Motorcycles are less stable and less visible

If you have ever tried to make a motorbike stand on its wheels when it is not moving, you would have noticed how impossible it is. They always fall to one side once you take out your support. They are only able to stand when they are in motion. On the road too, they are easily missed by oncoming vehicles because of their relatively small sizes. On record, more than four thousand motorcyclists met their demise in 2013.

Majority of motorcycle accidents result from driving error

Research has also unraveled the lead cause of motorcycle accident and proved that majority of these accidents result from an error on the part of the driver. The presence of teenage drivers on the road is particularly very worrisome because most of them are very reckless on the wheels – driven by youthful exuberance.

There are many outcomes of motorcycle accident

When a motorcycle has been hit by a reckless driver, in most cases, the driver of the car remains unhurt while the motorcyclists suffer a varying degree of injuries – obviously because the car offers more protection to the driver unlike a motorcycle to the cyclist. Other harm the cyclist is bound to face includes financial losses in the form of increasing medical bills and loss of wages.

Compensation is geared towards alleviating the suffering of the motorcyclist

It is unfair to allow a motorcyclist who has been hit by a reckless driver to wallow in pain while the driver goes unscathed – bearing in mind that the said accident was no fault of the cyclist. Compensation is usually an attempt to alleviate some of the pain the cyclist must have incurred from the accident and an attempt to bring a smile on their faces.

Filing a lawsuit will be in your best interest if you have been involved in a motorcycle accident

If you have ever been involved in a motorcycle accident, it would be in your best interest to file a lawsuit. However, this very crucial step is not something you can do on your own without involving a credible personal injury lawyer. This is because the process of filing a lawsuit is very tedious and complicated and you will need to be sure you have the requisite evidence to win the case before going ahead to file the claim to avoid a wild goose chase.

Bikers can take steps to control road accident

Only a supernatural being can put the action of a reckless driver under control. Be that as it may, a cyclist on their part can take crucial steps to reduce their risk to accidents while on the road. Some of the steps they can take include;

1. Make sure their brakes are in order

Brakes have been termed the most safety component of a motorcycle. To use them correctly, you need some practice. If you are a novice rider, take time in a controlled environment to get used to your braking system.

2. Learn proper overtaking rules

To drive at your own pace, overtaking may become crucial when on the road but this maneuvering is the most dangerous thing a motorcyclist can do. You need to approach a car with caution, avoid riding too close and move out laterally so that you can have a clear view before eventually accelerating.

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The size of motorbikes makes them invisible on the road.

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p<>{color:#000;}. There are different motorbikes with different limitations.

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p<>{color:#000;}. Motorbike passengers are not as protected as car passengers.

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p<>{color:#000;}. More than four thousand people died from a motorbike accident in 2013.

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p<>{color:#000;}. Driving error is the lead cause of most accidents.

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p<>{color:#000;}. Distractions are increasing taking drivers’ attention from the wheel.

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p<>{color:#000;}. There is hardly any small accident with motorbikes.

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p<>{color:#000;}. Compensation is instrumental in alleviating the suffering of the motorcyclist.

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p<>{color:#000;}. Filing a lawsuit is a complicated and tedious process.

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p<>{color:#000;}. Cyclists need to take precautionary steps to protect themselves.

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Cover image credit: file:///C:/Users/user/Desktop/5629180953_bab6a2a72d_o.jpg

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Personal Injury (Volume 6)

When someone is injured, they want to get more information on this and hire a lawyer to get injury claims. The main themes are (1) personal injury claims and (2) personal injury lawyers. If you, your family members, or friends are personally injured, this book can give helpful information. This book will give you some insights about managing situation after a personal injury case. Download and read this easy to read and understand book.

  • ISBN: 9781370769179
  • Author: Word Chapter
  • Published: 2017-01-06 22:35:08
  • Words: 7562
Personal Injury (Volume 6) Personal Injury (Volume 6)