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Accident

Car Accidents

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.

  1. 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.

Construction Accidents

Construction Accidents

Construction accidents are the result of injuries and/or damage sustained as a result of endeavors to build, improve, repair, clean, demolish, or generally construct that take place in a specific facility. Construction accidents can range from property damage to personal injury. 

Types of Construction Accidents

1. Accidents involving construction workers are one of the two primary types of construction accidents. These types of construction accidents result in injury and/or damage sustained by an employee who has been hired to perform construction site duties. These types of accidents can consist of injuries sustained by machinery, utility, or unsafe work zones.

One of the many precautions taken by construction companies in order to lessen the chances of construction accidents is the mandatory requirement for all employees to don protective headwear, such as safety goggles and helmets. Furthermore, all employees must be trained and certified to operate any construction equipment that is assigned to them for use.

2. Accidents that involve private citizens unaffiliated with the construction project differ from those involving employees due to insurance coverage, safety hazards, as well as negligent construction operations. Upon partaking in a construction project, the adherence to safety requirements with regard to surroundings and environment are the responsibility of the construction crew. Injuries and damage sustained as a result of the failure to adhere to safety protocols is one of the primary causes of construction accidents. Civilian-related construction accidents can range from property damage to death. 

What You Need to Know About Construction Accidents

Causes

Construction accidents are most often the result of negligence, either on the part of the construction crew or the private citizens. Construction accidents are some of the most common avoidable accidents.

Hazards and Safety

Due to the presence of heavy machinery, unstable foundations, and, at times, a hazardous environment for those untrained individuals, both injuries and damage can be sustained quite easily as a result of construction accidents.

Construction Zones

Construction sites must utilize signs, borders, fencing, protective gear, and clear documentation in order to alert civilians that they are entering or within the vicinity of a construction zone. The maintenance of the safety protocol surrounding the perimeter of a construction zone is the responsibility of the construction crew hired to perform the construction.

The failure to adhere to any regulations, as well as any damage or injury resulting in a construction accident, is the responsibility of the construction crew. However, civilians and private citizens are not permitted to enter construction zones without express permission to do so. In many cases, injuries and damage sustained by individuals unlawfully entering clearly and legally-defined construction zones will not result in negligence on the part of the construction company.

Recourse and Responsibility

Be it a scratch on the floor or bodily harm, a construction accident due to negligence is the responsibility of the negligent party. There exist strict and stringent guidelines with which construction crews and companies must adhere. Any injuries or damage resulting from the failure to adhere to these regulations can result in compensation to the victims. Construction accident lawyer will not only be able to research specific construction guidelines and regulations, but also determine whether or not those same regulations and guidelines were followed. 

Crane Accident

Crane Accident

Construction
accidents result in injury and damage, which oftentimes result from negligence
and/or the malfunction of construction or commercial equipment. Crane accidents
can be classified as a subgenre of construction accidents. Eponymously, a crane
accident results in any injury or damage resulting from the operation of a
crane.
 

What is a Crane?

A crane is a piece of mechanical equipment
that is utilized to lift and move heavy objects. Cranes consist of a large arm
that extends from a base. While the earliest incarnation of cranes were mounted
and operated by lever and pulley systems, the most advanced cranes can extend
hundreds of feet while being mounted from vehicles or various platforms. Due to
their large size(s), cranes can not only lift heavy objects, but also move them
to otherwise unreachable destinations due to locational restriction(s).
 

Why do Crane Accidents Occur?

Crane accidents can occur for a variety of
reasons, but the most common types of crane accidents result from two primary
causes: malfunction and negligence. Due to its height and complex mechanical
design, even the simplest flaw within a crane’s construction can result in a
crane accident, regardless of the integrity and experience of its operator.
However, in the event that an individual is not skilled in crane operation, or
is operating the crane in a negligent, unsafe manner, a crane can be an
extremely dangerous piece of machinery.


What are Some Types of Crane Accidents?

Damage or injury as a result of a dropped item is a
rather common crane accident. Although the causes for this type of crane
accident are vast, should a crane drop an item that it was being operated to
move, the results can be catastrophic. The weight of the object, in addition to
its elevation, can contribute to the severity of the damage or injury sustained
by the collision.
 

Damage or injury as a result from a crane’s hook is
another type of crane accident. Most cranes utilize a hook affixed to the arm
in order to grasp and lift objects. However, the hook itself can be quite heavy.
Unfastened hooks permitted to swing wildly can cause property damage, as well
as personal injury depending on the velocity.

Damage or injury resulting from an unbalanced or
improperly mounted crane has resulted in many crane accidents. In the event
that the weight of the object being lifted exceeds that of the mount, cranes
have been known to topple or tip. This type of accident not only poses a danger
for individuals and items surrounding the crane, but also to the crane operators
themselves.
 

How to Investigate a Crane Accident?


Cranes, akin to all types of construction
equipment and machinery, must be operated, inspected, maintained, and utilized
in proper fashion. Furthermore, cranes must operate within the legal parameters
of a construction zone. The unsafe or unlawful operation of a crane can not
only result in property damage, but injury as well. Attorneys specializing in
construction accidents will be able to assist individuals in assessing damage
and injuries sustained by crane accidents, as well as assist in the research
and accumulation of construction zone operational codes.
 

Fatal Accidents

Fatal Accidents

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.
 

Warning: Is it an Accident or Arson?

 Warning: Is it an Accident or Arson?

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.

Missing Information on an Accident Report

Missing Information on an Accident Report

Accident reports are used as an official record for car accidents in court and for insurance companies that are making determinations about a driver’s responsibility. Accident reports include information such as which driver is at fault, as well as the date, time and location of the accident. Accident reports may also include the names of all involved parties, including passengers in the vehicles that were involved in the accident.
When there is missing information on accident reports, officers may fill in the details. In general, missing information on accident reports can only be filled in by officers that were at the scene. The information required may come from further analysis of the accident scene and the vehicles involved, necessitating changes or additions to the accident report. Generally, the accident report will not be accepted by the court until all spaces have been filled in.

Don’t Get an Accident Attorney Without Reading This!

Don't Get an Accident Attorney Without Reading This!

Suffering an injury as the result of a car accident can be a trying and frustrating situation. However, there may be grounds for a legal remedy in certain car accident cases. Consulting an accident attorney may be a great way to learn about the possibilities of bringing a lawsuit against the party causing injury in order to gain damages and compensation to assist with medical bills and loss of income if a person is disabled.
The process of choosing an accident attorney can prove to be a confusing undertaking. However, there are various options available to find an accident attorney after suffering an injury as the result of a car accident. The internet may be a great source to find accident attorneys in the area.
It is important to not limit one’s options to just one possible accident attorney and consult with various lawyers in the area to find the most competent and experienced accident attorney possible. Furthermore, it is important to consult with various attorneys in order to find one that will be able to render legal services in accordance to one’s budget or financial needs. 

Don’t Try to Leave The Scene Of An Accident!

Don't Try to Leave The Scene Of An Accident!

If an individual is involved in an accident and leaves the scene, the police will pursue the individual responsible. Although it may take time to determine the make and model of the vehicle that fled the scene, officers can often make those determinations at the scene of the accident. For example, officers may note the color of paint found on the other vehicle. In addition, witnesses to accidents can generally help to determine which other car was involved.
Those that flee the scene of a car accident may also find that their auto repair shop is required to report an auto accident of the driver who does not have an official report on hand. Officers would then respond to the mechanic to determine how and when the damage was caused to the car.
Regardless of how an individual is caught leaving the scene of an accident, the charges will be increased because they fled the scene. Those charges can include fines, additional tickets and possible jail time.

Using the Best Accident Attorney for Free

Using the Best Accident Attorney for Free

Those that have been involved in an accident may require the services of an accident attorney. Individuals that wish to sue the responsible party will find that they require the services of an attorney to do so.
In many cases, individuals will not have to pay a fee unless their accident attorney wins the case. There are also accident attorneys available for those that are accused of being at fault.
Accident attorneys are very adept at showing who the responsible party is. They may bring in accident specialists to explain how the accident occurred and who may be at fault.
Accident attorneys are also able to explain why a financial compensation award would be appropriate. First, they will examine and explain all medical and other bills which arose from the accident. They will also examine pain and suffering which resulted from the accident, in an attempt to receive a compensatory damages awarded for the victim.

Bike Accidents

Bike Accidents

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.
 

Car Accidents

Sports Accidents