A fatal
accident is an accident that results in the death of one or more individuals.
Fatal accidents are classified as a type of preventable death, which exist as
anomalies and occur out of the ordinary. Within the United States, the number
of fatal accidents and preventable deaths reaches upwards of 105,000 cases on
an annual basis.

The Nature of Fatal Accidents


Although all fatal accidents result in death, the
expediency of death varies. While some fatal accidents result in sudden death,
others result in eventual death. Examples of fatal accidents resulting in
sudden death and those that result in eventual death are similar. However, the
severity of the injury sustained designates the duration of time prior to
death.

The
reason(s) for the death of two passengers involved in a fatal car accident can
vary in nature, while existing within the scope of a fatal accident. While one
passenger may have been killed immediately by blunt-force trauma due to the car
accident, the other could have died three days later from a collapsed lung
resulting from that same car accident. Regardless of the expediency of the
respective fatalities, both of these cases are classified as fatal accidents.

Fatal Accident Liability

The nature of the term “accident” suggests that an
event is unplanned, yet there exists a wide range of liability, fault, and
analysis upon the investigation of a fatal accident. Fatal accidents resulting
from negligence are considered to be involuntary. This means that although the
accident occurred due to negligence, the event lacks malice and/or
premeditation. In these cases, the individual responsible for the negligent
act(s) is considered to be held responsible, and thus liable, for the fatal
accident.

The
following are some examples of negligent fatal accidents:

Vehicular manslaughter resulting from reckless
operation of a motor vehicle, driving under the influence, or driving while
intoxicated;

Unlawful operation of equipment, machinery, or
specialized tools deemed unsafe in a civilian setting, such as construction
accidents and/or death in the workplace, due to negligence;

Unlawful, untrained, careless, and/or impaired
operation of a firearm that results in fatality;

Fatal accidents resulting from faulty products
and/or defective manufacturing;

The irresponsible and unlawful sale of
substances.

Legal Recourse for Fatal Accidents


Fatal accidents resulting from chance occurrences
in which no fault is attributed can still retain certain levels of liability,
yet the level of liability tends to be far less severe than liability assigned to
fatal accident cases resulting from negligence. Individuals involved in fatal
accidents, which do not illustrate expressed fault or liability, are encouraged
to consult with attorneys specializing in cases involving fatal accidents. The
assessment of a fatal accident case by a legal expert can shed light on
pertinent, and oftentimes overlooked, details of the case. 

A forklift
accident is classified as a construction accident that occurs through the use
of a forklift. A forklift is a piece of construction machinery that is used to
both lift and transport heavy objects. 

What is a Forklift?


A forklift is comprised of a bed, or palette, that
is affixed to a vehicle, which allows it mobility. Within the cabin of a
forklift sits an operator with access to the controls of both the movement of
the vehicle, as well as the movement of the bed. The bed can be raised,
lowered, extended, or retracted. The earliest incarnations of forklifts
consisted of treated wheels, while the latest modifications to forklifts
consist of streamlined wheel systems that allow for better traction, a smoother
ride, and a heightened center of gravity. 

Types of Forklift Accidents


Forklift accidents that involve dropped
objects are some of the most common. These types of accidents can include
objects falling off the bed of the forklift, as well as objects falling as a
result of contact with the bed of the forklift. In many cases, forklift
accidents that result in dropped objects can injure the operator of the
forklift and/or individuals in the perimeter of the dropped object.
Furthermore, dropped objects can cause property damage to the surrounding area,
as well as to the object itself.

Forklift accidents that involve the
tipping or tumbling of the forklift are also quite common. These types of
accidents occur as a result of faulty weight distribution in the scope of the
operation of the forklift. In the event that an object being lifted by a
forklift disrupts the inherent balance of the forklift’s center of gravity, the
force of the object against the bed can cause the forklift to tip or tumble.

Forklift accidents that involve the
puncturing, piercing, or striking of an object are also common accidents. These
types of accidents occur as a result of contact between the bed of the forklift
and another object or individual. There have been a number of reported deaths
as a result of this type of forklift accident.

Forklift accidents that result in the
ejection of the operator have caused a number of deaths as well. These types of
accidents occur as a result of a collision, in which the operator is thrown
from the cabin of the forklift.

Forklift Accident Safety and Recourse

The Occupational Safety and Health Administration
(OSHA) requires strict certification measures and safety requirements while
operating a forklift. Operators who have been injured due to negligent work
conditions, faulty machinery, or a hazardous work environment may be eligible for
compensation as a result of any injury or damage sustained as a result of a
forklift accident. The proper training and experience is imperative for those
operating a forklift, and it is the responsibility of any and all foremen to
ensure that these requirements are being met. An attorney specializing in
forklift accidents – or other personal injury cases – will be able to assist in
the assessment of such a matter. 

A car
accident is a collision resulting from the operation of a motor vehicle. While
car accidents most often take place between more than one motor vehicle, car
accidents can also consist of vehicle/pedestrian collisions,
vehicle/environmental collisions, and vehicle/cyclist collisions. The World
Health Organization (WHO) lists car accidents as amongst the top ten
preventable causes of death in the United States, accounting for over 40,000
deaths on an annual basis.

Types of car
accidents range from injuries sustained to their inherent causes.

Car Accidents: Causes


1. Driving While Intoxicated (DWI) and Driving
While Under the Influence (DUI) are amongst the most common causes of vehicular
injuries and car accidents. When an individual ingests a mind-altering
substance, their ability to safely operate a motor vehicle is impaired. This
can result is slowed reaction time, drowsiness, and lack of alertness. Although
the legal limit permitted to operate a motor vehicle varies from state to
state, the most common blood alcohol content (BAC) allowed is .08%. Should an
individual’s blood alcohol content exceed the legal limit, their intoxicated
state can contribute to the severity of penalties and fines assessed as a
result of the car accident.

A car accident that results in homicide can
become vehicular manslaughter in the event of a DUI or DWI.

A car accident resulting from a reckless driving
violation can become reckless endangerment in the event of a DUI or DWI.

A car accident that does not result in injury
can result in a loss of license, heavy fines, and jail time in the event of a
DUI or DWI.

Insurance surcharges resulting from a car
accident can be exponentially higher in the event of a DUI or DWI. Furthermore,
it is not uncommon for insurance companies to terminate coverage entirely.

2. Reckless driving is the unsafe or unlawful
   operation of a motor vehicle, which can consist of speeding, racing, cell-phone
   use while driving, distracted driving, and driving while tired. Due to the
   speed undertaken by vehicles on today’s roadways, momentary aversion of one’s
   gaze from the road can result in a car accident.

Both damage
and injuries sustained as a result of reckless driving are tried accordingly,
giving them added weight regardless of the absence of voluntary intent. In the
realm of legality, reckless driving is most often associated with negligent
operation of a motor vehicle.

Car Accidents: Injuries, Damage, and Recourse

The scope of damage and injuries resulting from
car accidents is vast, ranging from paint scratches to death. As a result, any
documentation with regard to the car accident should be obtained, as well as
any police reports or witness testimony. Depending on the car accident policy
upheld by an individual state, the fault of the accident not only determines
compensation, but also the insurance surcharges incurred.

One of the more common car accident injuries
sustained by individuals is whiplash, which results from a forceful jarring of
the neck and spine as a result of a car accident collision. Individuals are
encouraged to consult medical professionals upon experiencing injuries and/or
discomfort as a result of a car accident. With the help of a car accident
attorney, medical reports, in addition to police and car accident reports, will
determine the validity of the case.

One of the
main challenges to arson prosecutions is to distinguish between arson
fires and accidental fires. Arson fires are fires set with intent to destroy or damage property.
The legal definition of arson fires involves fires where the person setting the
fire had the intent to commit harm by setting the fire, as well as setting the
fire or being interrupted while in the process of setting the fire. Accidental
fires are all other kinds of fires.

Accidental fires are usually
not prosecuted as arson. If however, an accidental fire occurs because of
demonstrably gross negligence or a casual disregard for the
consequences of setting the fire, these fires can cease to be judged as
accidental and may instead be seen as arson fires.

An accidental fire is often set by a juvenile. In such situations, these juveniles may simply be
manifesting an innate human interest in fire. More than half of the people
arrested for setting fires of both types were under the age of 18 in 2003.
Children under the age of seven are generally not setting arson fires.
Accidental fires set by these children are almost exclusively the result of
curiosity.

In children ages eight to
twelve, fires are still sometimes accidental, but a greater proportion are
arson fires. The arson fires set by these individuals are often a manifestation
of deeper psychological problems, as seen by the fact that there are relatively
few accidental fires set by juveniles thirteen to eighteen years old. Fires in
this group are often intentional and criminal, meaning they can be properly
called arson fires as can those set by adults.

Accidental fires set by adults come in several forms. The most
widely depicted presentation of accidental fires in the media is the drunkard
who falls asleep while smoking a cigarette, which then sets fire to the bed.
Cigarettes represent the greatest source of accidental fires in the home. As a
result of widespread calls for reform, technology has been adopted to try and
prevent the rate at which accidental fires are created by cigarettes by
changing the composition of the cigarettes so that they are less likely to burn
if left unattended.

Another common species of
accidental fires involving cigarettes involved throwing a lit cigarette from a
moving car. This is a gray area, though, because negligence or disregard may
apply.

A type of accidental fires that
is not in dispute, however, involves campfires. Campfires at which every
reasonable effort is made to control the fire and contain its blaze, but still
spreads due to the spread of properly managed embers, can only be included in
the category of accidental fires no matter how large the blaze which results.

Accidental fires in the home can have several causes. The forensic
scientists employed to investigate fires are trained to examine whether a fire shares more similarities in burn
patterns with accidental fires or arson fires. Common sources of accidental
fires include cooking accidents, electrical appliances that have overheated,
been left on for too long, or short-circuited, sparks from fireplaces or
welding tools, cigarettes, or lightning strikes.

Bike
accidents can be classified as any accident that takes place involving one or
more cyclist. Although bike accidents can occur in a wide range of
circumstances, traffic-related bike accidents, such as those involving vehicles,
are amongst the most common within the legal spectrum.

Types of Bike Accidents

A. A contact bike accident is one that results
from direct contact between a bike and a vehicle, pedestrian, or other object.
As the name suggests, an accident can only be classified as contact accident
upon physical contact between two objects. An example of a contact bike
accident is a vehicle striking a cyclist on a street.

B. A stationary, contact bike accident is result
of a cyclist having impact with a stationary object. Some of the most common
stationary, contact bike accidents occur as a result of the opening of a car
door as the unsuspecting cyclist passes. This is known within the biking
community as “Dooring”. Dooring can not only be dangerous for the cyclist, but
can also injure the individual exiting a vehicle. Dooring can also result in
damage of personal property.

C. A non-contact bike accident results from indirect
contact between a bike and vehicle, pedestrian, or other object. Unlike a
contact accident, a non-contact accident can be caused in an attempt to avoid
an accident. An example of a non-contact bike accident is a vehicle unlawfully
operating in a driving lane, which causes a cyclist to swerve and fall.
Although there was no direct contact, the event has nonetheless resulted in an
accident.

Bike Lanes


In many cities, there exist bike lanes, which are
areas of roadways that are specifically designated for the operation of bikes
and cyclists. Due to the fact that bike lanes exclude automotive vehicles, this
allows for lessened opportunities for bike accidents to occur.

Identifying a Bike Lane

Although there are no nationwide, uniform
designating symbols for the identification of bike lanes, they can be found on
either side of the street. While some cities display a bicycle symbol in order
to designate bike lanes, other cities illustrate bike lanes with alternate
coloring.

Right of Way

The laws for safe cycling vary from state to state
and country to country. Adherence to safe bicycling protocol is the most
effective way to avoid bike accidents. In the busiest cities, cyclists must not
only adhere to all vehicular traffic laws, but must also ride “with traffic”. This
means that cyclists must operate their bikes in the same direction as the flow
of traffic. However, in residential areas, cyclists may be permitted to ride “opposite
traffic”.

Results of Bike Accidents

A. Bike accidents can result in both physical
injury and pain and suffering.

B. Bike accidents can result in damaged property.

C. Upon sustaining damage or injury as a result of
a bike accident, one is encouraged to consult with legal representation in
order to investigate options of recourse and compensation. Regardless of the
nature of the accident, compensation can be awarded without direct contact
between a bike and another vehicle.