Car Accident – Trucker Charged in Fatality was Tired and Watching Porn Movie While Driving

Friday, January 29, 2010

Last December, while driving along the NY Thruway, a 33 year old mother of two had struck a deer and her car was wrecked on the road. She was able to dial 911 for help, but when the ambulance arrived, the caller had been killed. Shortly after the emergency call was placed, a distracted truck driver slammed into the car, killing both the mother and her two children. However, evidence discovered after a police investigation put a bizarre twist on this tragic story. According to New York State Police, the truck driver was not only tired, but, incredibly, was watching a pornographic movie on his lap top at the time of the car-truck accident.

On December 12, 2009 law enforcement officials did not make the connection that day upon their initial investigation. As a part of an investigation of truck drivers involved in accidents, all electronic devices that were within reach are thoroughly searched. In this case, investigators found a laptop in the truck, and performed routine searches checking logbooks to see that times are marked correctly to match all toll tickets, fuel stops, cell phone records, and GPS tracking.  Over a more in depth investigation of the lap tap activity, police officers discovered that at the time of the accident the driver was streaming a pornographic movie. There were no other reasons that he would not have been able to avoid the accident as it was clear weather at the time and the road was straight and clear.

Investigators also determined that the truck driver was in violation of  federal regulations which prohibit drivers from being on the road longer than eleven hours–then they must have ten hours off of the roads. It was discovered that this particular driver had only had four hours off of the road in the past twenty-seven and was therefore exhausted at the time of the accident.

Texting and driving for truck drivers was officially outlawed on January 26th, 2010. No matter how dangerous texting and driving may be, watching pornography movies while driving is downright egregious and outrageous.   And, as seen by this accident, any type of distraction for drivers on the road can cause severe personal injury or death. Truck-auto accidents such as these can be disastrous.  An experienced personal injury lawyer can help provide answers to the many questions that an injured individual will undoubtedly have. Sustaining personal injury as a result of truck accidents can qualify you to seek compensation or damages for pain and suffering. For the best legal representation and advice available, seek a hard-working and aggressive personal injury attorney. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of injured persons and are ready to fight for you.

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Personal Injury Law – American Lawyers Get Ready For a Fight

Tuesday, January 26, 2010

The rise of medical errors in hospitals and other medical facilities have prompted organizations from around the nation to take notice. One of these groups, The American Association for Justice has taken a very active stance against the widespread problem. The trial lawyers group has begun an aggressive grass-roots campaign to spotlight the problem of medicinal errors and how important medical malpractice litigation is.

One of the ways The American Association for Justice has broadcasted their cause is through a web site that they created. (www.98000reasons.org) This site encourages all visitors to contact their representatives encouraging them to keep patients their top priority. Additionally, there is a lot of information on the web site informing the public of how serious the coneseuqences of medical malpractice errors are. Each year, 98,000 people die from preventable medical mishaps–that is equivilent to two 737 airplanes crashing every day.

The organization of trial lawyers attests to their first-hand experience as witnesses to the devastating effects of medical malpractice–errors in the emergency room has consequences not only for the injured, but for the injured’s family as well. The blame is placed upon negligent doctors, physicians, surgeons, and nurses that made serious errors during procedures that caused personal injury. According to the web site, “The best way to have fewer medical malpractice cases is to reduce the number of medical errors.”

The American Association for Justice is petitioning regarding the creation of “medical tribunals” or special courts to hear the medical malpractice lawsuits. By designating specific courts for these cases, it deprives the plaintiff of their seventh-amendment right to a trial by jury. The petition states, “Any attempt to limit an injured patients’ right to their day in court should be voted down.” Additionally, the organization suggests that safety measures for patients should be the focus of legislation–not simply tort reform.

Medical malpractice incidents are especially  tragic because they violate the trust-based relationship between doctors and patients. A hard-working personal injury attorney can help answer many of the questions that an injured individual likely has regarding their case. Sustaining personal injury as a result of medical errors can be life-changing. For these injuries, you could be entitled to compensation. An experienced and aggressive personal injury lawyer can help provide the best legal representation for your suffering. The Law Offices of Bredell and Bredell have years of experience fighting to the rights of injured persons, and is ready and waiting to fight for you as well.

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Tort Law – Michigan Toxic Tort Suits Easier to Win

Saturday, January 9, 2010

The Michigan Court of Appeals recently ruled in the toxic tort case Genna v. Johnson that plaintiffs claiming injury from exposure to harmful bacteria (such as mold) do not need an expert witness to testify to the connection between the two. Previously, a medical expert would have to testify that personal injury was a direct result of exposure to bacteria.

The court decided that it was sufficient that bacteria was present and that the planitff’s had sustained personal injury that could be attributed to mold exposure. In this case, the court left the burden of disproving the allegations to the defendant–it became the defense’s job to show that there is no connection between the mold and the plantiff’s injuries.

Basic Facts About Tort Law

Torts is the area of law concerning suits for personal injury or property damage outside the realm of contract law. To file a successful claim, the plantiff has the responsibility to prove:

  1. That the plantiff was owed a particular duty by the defendant;
  2. That the defendant violated  or failed to meet the duty owed;
  3. That the violation by the defendant caused personal injury, and the plaintiff suffered as a result.

Without establishing each of these elements, the plaintiff has no viable cause of action against a particular defendant.  Normally, when dealing with confusing and difficult scientific and medical data, expert witnesses are important to explain the details to juries who likely do not have similar backgrounds in the field. In the Genna court, it was decided that it was not required to use expert witness testimony to connect plantiff’s claims to that particular type of exposure. However, the plaintiffs must have expert testimony verifying the connection of the particular ililness to bacteria exposure.  The latter is much easier to do than the former.

The doctors in this case could not specifically state that the plantiffs suffered direct harm as a result of mold exposure with medical certainty. However, the decision of the court determined that a lay jury could. Consequently, the burned of proof was placed upon the defendants to discredit the medical conditions without ever being introduced by the prosecution.

Therefore,  pursuant to this case, in toxic tort claims, the plaintiff’s proofs are simplified.   Now, it is sufficient enough to prove that symptoms with exposure are consistent  to that toxic substance, and that exposure has occurred at the negligence of the defendant.  This greatly eases the burden of proof placed upon the prosecution, and makes this type of personal injury suit easier to win.  It will be interesting to follow any further appellate decision which may be rendered by the Michigan Supreme Court.

Personal injury as a result of exposure to harmful bacteria can result in severe injury and/or death. An experienced personal injury lawyer would be able to answer all the questions the injured individual would undoubtably have concerning their claim. You may be entitled to damages, as under the stipulations of Michigan toxic tort law. To ensure that you and your family are protected contact a hard-working personal injury attorney or personal injury lawyer to represent you. Contact the Law Offices of Bredell and Bredell immediately for assistance navigating through the complex legal process.

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New iPhone Application Available to Assist in Car Accidents

With the invent of new mobile technologies such as the Blackberry, Driod, or the iPhone many computer programmers have been hard at work developing applications for these products, for the use of consumers. These apps cover everything from social networking, managing finances, language translators, or just downloadable games. However, as these personal data devices become deeply ingrained in everyday use, applications are now being developed to assist in tough situations, such as a car accident.

A study was conducted in 2008 showing that 38% of motorists who have been involved in a car accident do not receive appropriate compensation. Because of the stressful and/or traumatic nature of car accidents, many forget to ask important pieces of third-party information that could be required to successfully file a personal injury claim. Advancements in technology now provide individuals the tools to not only get the right information, but deliever it to the right people.

MORE TH>N, a software programming company, developed the application, Car Claim in order to help people who have been involved in car accidents. The software guides the drive through the legal process step-by-step, instructing the individual which pieces of information are needed. It also contains advice concerning roadside safety, as well as prompts to caputre vital information such as witness and accident information. Additionally, because these advanced devices have both cameras and global positioning services (GPS) users have the ability to upload photos from the car accident scene, as well as the general accident location. This information can then immediately be sent through email.

Car accidents can result in injury and/or death, and therefore always place stress upon the individuals involved. Integrating technology with safety tips of what to do in the event of a car accident is an excellent way for individuals to stay calm and gather all necessary information to file a claim. Should you or a loved one be injured in a car accident, it is important to seek out an experienced, trust-worthy, and hard-working personal injury attorney to fight for you. If this applies to your family, please contact us at The Law Offices of Bredell and Bredell immediately.

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Both Teen and Mother Arrested in Fatal DWI Accident

Monday, January 4, 2010

Driving while intoxicated has devastating consequences, especially when the drunk driver is just a teen. It is the responsibility of all parents to warn their children of driving age against the dangers of drunk driving. This particular instance is especially tragic, as the alcohol was given to the teen by his mother.

New York resident, Lars C. Haas is being investigated by police for driving while intoxicated no November 14th, 2009. According to official reports, the young man ran a red light and collided with the truck driven by seventy-two year old Robert Meehan. Unfortunately, Meehan was ejected from the vehicle upon impact and died shortly afterward.

Haas’ mother Susan is also being charged in this fatal drunk driving accident. She is being charged with furnishing alcohol to a minor. According to reports, the woman served alcohol to the both and his friends shortly before the incident occurred. Although she was not in the car at the time of the accident, Haas was driving his mothers vehicle when he struck Meehan.

Though an exact number has not been released by police, it has been confirmed that Haas’ blood alcohol content was well over the legal limit in New York. Additionally, blood tests revealed that the young man also had marijuana in his system. As a direct result of this accident, Haas has been charged with a DWI and aggravated vehicular homicide, among a slew of others. Susan Haas is being charged with unlawfully dealing with a child, which is considered a misdemeanor.

Drunk driving hurts not only those who are in the car with the intoxicated driver, but also those on the road. It is vital that all those who are intoxicated nominate a sober driver to ensure the safety of everyone on the road. This instance is tragic, as it was completely preventable. Parents are instrumental in ensuring that teenagers do not consume alcohol illegally, let alone drink and drive. Therefore, this case is even more upsetting as the mother was the one who supplied the alcohol. The Arrive Alive Foundation at the Law Offices of Bredell and Bredell is committed to raising awareness in the local community to the dangers of driving while intoxicated. If you or a loved one have been injured in a drunk driving accident, please do not hesitate to contact us.

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Michigan Drunk Driver Dragged by Train

Tuesday, September 29, 2009

Last week, a Battle Creek man who was already held on charges of drunk driving, resisting arrest, and driving under a suspended license, made another mistake. While driving home from the bar, he drove his car onto a railroad, right in the way of an oncoming train.

According to Battle Creek Police, the man’s smashed sedan was found on Kendall Street, near Dickman Road. It was apparent that it had been struck by a freight train. The girlfriend of the driver attested that they had been drinking prior to the accident. According to her report, her boyfriend was driving southbound on Kendall St. and mistook the railroad for Dickman Rd. He turned onto the rail bed and started driving east, on the northern side of the tracks, only driving about 200 yards before being stuck.

The driver called a relative to help free them from the tracks. However, before they could be helped a freight train approached at approximately 20 m.p.h., and was unable to stop. The train, 80-90 cars long, sideswiped the car, and dragged it for a great distance. Fortunately, the woman passenger only sustained a minor injury to her chin.

Driving while intoxicated is dangerous and destructive. It is very rare that instances such as these occur–generally, severe injury and/or death is the outcome of such accidents.  But this incident is a  prime example of why designating a sober driver is vital. Perhaps if these two had waited for a sober driver, they would not have mistakenly turned onto railroad tracks. The Arrive Alive Foundation of The Law Offices of Bredell and Bredell is dedicated to raising awareness in the local community of the dangers of drunk driving, and the accidents it can cause. Should you or a loved one be injured in a drunk driving accident, please do not hesitate to contact us.

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Michigan Cop Car Rolled in Drunk Driving Accident

Wednesday, September 23, 2009

Drunk driving accidents can occur at any time and any place, and no one is exempt from them. Michigan State Police are in the process of investigating a recent accident where a Pontiac police officer was hit while on patrol by a drunk driver.

According to the police report, the officer was driving his marked car south on North Perry Road, at approximately 11:00 p.m. While driving through a green light at Glenwood, his car was sideswiped by a 1998 Saturn that was traveling westward. When the in-car videotape was reviewed, it was confirmed that the police officer did indeed have a green light. When questioned by police, the driver of the Saturn admitted that he was intoxicated.

As a result of the accident, the police car rolled over. Luckily, the officer was able to get out of the overturned car. However, he sustained a separated shoulder and a laceration to his forehead. The drunk driver walked away with only one small cut. While the man’s blood was taken for analysis and further examination, he did admit at the site to driving while intoxicated. His name has not been issued by police, as charges are pending.

Driving while intoxicated is destructive and dangerous. It is unfortunate that drunk driving accidents effect not only those who drive intoxicated, by those impacted by accidents that may occur. It is imparative that one pays the utmost attention while driving, especially at night. Keeping an eye out for other drivers that are swerving or driving recklessly could keep you out of an accident. The Arrive Alive Foundation at The Law Offices of Bredell and Bredell is dedicated to raising awareness against drunk driving, and increasing public knowledge about the damage these accidents can cause. Should you or a loved on be involved in a drunk driving accident, please do not hesitate to contact us.

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Protect Your Children! The Top Car Seat Safety Mistakes

Friday, September 18, 2009

Using a car seat while driving with small children is crucial to keeping them safe, in the event of a car accident. However, many parents have great difficulty determining how to properly install the device and secure the child as he or she grows. Because of this, there are many common mistakes that can be made. Knowing how to properly buckle your child up in a safe car seat can be difference should a car accident occur.

Before a car seat is purchased, it is important to research the history of the product. The seat should be no more than six years old, and come with instructions, along with a label that states the manufacturing date and model number. There should be no visible cracks or missing parts and it should have never been involved in at least a moderate crash. Lastly, it is important to research if the model had ever been recalled. Unless sure of the car seat’s history, it is best not to buy nor use it.

Many parents are unsure of where to position the safety seat in the car. The most safe place to put the seat is in the back, where they can be away from active air bags. If a child is placed in the front seat, and the air bag deflates, it could hit the head of the safety device. This could cause serious injury and/or death. And, in the even larger picture, this concern makes it dangerous for parents of small children to travel with them in a two-seater car. Side airbags can present a problem as well if the impact is on the side of the car, rather than head-on. Reading the car manual will help decide where to place the seat.

When installing the seat, make sure it is tightly secured. There should be no more than one inch movement in any direction. If the seat is for a newborn, there are even more precautions to be taken. It is important to use the harness slots usually located at or below the shoulders of the infant. Then, put the straps through the shell and pad as well. Lastly, place the harness even with the child’s shoulder, not their abdomen or neck with no slack.

It is recommended that babies under forty pounds be placed in a rear-facing seat. Some parents get ahead of themselves and put their child in a different seat before they are ready. This is similar to parents who put their children in booster seats, and even with just a safety-belt harness to early. It is extremely important to wait until the child is of the proper age, height, and weight requirements before changing their transportation safety seat arrangements.

Remembering these few tips when buckling up your child could help prevent injury in the event of a car accident. It is paramount to take all safety precautions while driving–including ensuring that the car seat your child is in is properly installed and secured. Accidents can and do happen, and being prepared is important. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of people injured in car accidents. Should such an incident occur to you or a loved one, please do not hesitate to contact us.

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Michigan Semi-Truck Accident Kills Two

Last Monday, a fiery semi-truck and SUV accident closed down I-196 and Chicago Drive, leaving it inaccessible for several days. The truck crash, which happened on westbound I-196 on the overpass that crosses through Chicago Drive, left the SUV inflamed and the truck toppled over, also on fire. The driver of the sport vehicle was pulled from the wreckage. Unfortunately, the passenger in the SUV and the driver of the semi-truck were killed.

The Michigan Department of Transportation is unsure of how the truck accident exactly happened. What is known, is that as a result of the accident, oil and diesel fuel was splattered all over the road. Somehow, on impact, the semi truck was covered in fuel, causing it to burst into flames. Additionally, the truck accident caused debris to fly everywhere–both on the overpass and below it where the wreckage lay. Authorities believe that the semi-truck was not a tanker, but transporting pies. Therefore, the fuel covering the truck must have come from somewhere else.

In recent years, the diesel fluid used in large semi-trucks engines is now used as an injector coolant. When it returns to the fuel tank, it is at a temperature of over 200 degrees Fahrenheit. Therefore, should the pressurized hot return fuel line break, any spark or any hot fuel splashed on the exhaust system will turn the vehicle into an instantaneous ball of flames. Due to this change, everyday drivers are killed as a result of the fuel spark.

Truck accidents such as these are tragic, and especially deadlly because of malfunctions within the vehicle. Those who drove past the wreckage were in awe of the smoke and flames, almost completely engulfing the embankment under Chicago Drive. It is important to have your vehicle’s maintenance checked on a consistent basis. Additionally, paying attention to the road and one’s surroundings while operating a motor vehicle of any kind is crucial to keeping highways safe. The Law Offices of Bredell and Bredell have years of experience fighting for those who have been injured as a result of these incidents. Should you or a loved one be injured in a trucking accident, please do not hesitate to contact us.

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