Personal Injury Matters: Employee Accidents Can Leave Employers Liable

Friday, February 12, 2010

Throughout the career of a hard-working Michigan personal injury lawyer, it is likely to see claims of accidents caused by drivers who are not paying the utmost attention to the road. However, the situation becomes increasingly complicated when the car that caused the accident was a company vehicle–then, not only is the driver at fault, but so is the driver’s employer.

In recent years, personal injury claimants, as well as their personal injury attorney, have been pursuing lawsuits against both the driver of the company car, as well as the employer. In 1999, a motorcyclist was killed by an attorney who was on his company cell phone discussing sensitive legal matters with another lawyer. Because the attorney driving the car was using company resources, the firm paid the $500,000 wrongful death lawsuit settlement. A more recent example occurred in 2007, when an International Paper employee rear-ended a woman resulting in the loss of her arm. As the driver who hit her was in a company car using his business cell phone at the time of the car accident, International Paper was responsible for the multi-million dollar payout

As seen by the few examples above, employers are often held liable for personal injury caused to another due to their employee’s negligence while on company business. However, this could also hold true if the employee who caused the car accident was in a company car or in a personal vehicle. The real test for the court is whether the driver was engaged in “distracting” company business matters when the accident occurred. Additionally, if the company encourages or expects this type of business activity while in the car, then it could increase the likelihood that the organization will be held liable.

Basic agency law maintains that an employer is responsible for the torts that are caused by its employees if the worker was acting within the scope of his or her employment at the time. Additionally, many personal injury attorneys successfully argue that the employer is directly responsible for the negligent activities of their employer because they failed to implement proper practices or training techniques to prohibit this dangerous behavior.

The Law Offices of Bredell and Bredell encourages all drivers to pay attention to the road while driving, and to not use cell phones. Distracted driving can cause car accidents resulting in severe personal injury or death. Devastating injuries such as these can be life changing and have irreverseable consequences. For the best legal advice and legal representation, it is important to contact Bredell and Bredell,  experienced Michigan personal injury attorneys.

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Safety Matters – For Car Accident Safety, Nissan Frontier Rated Highest

As personal injury lawyers, we often see gruesome examples of rollover car accidents that result in severe personal injury or death. It is important that when buying a vehicle, a car is chosen that will keep passengers safe in the event of a car accident. According to tests conducted by the Insurance Institute for Highway Safety, a Nissan Frontier is one of the best choices–this pickup truck rated among the top five for having a strong, durable roof. The IIHS rated the vehicle as “good.”

Which are the cars to avoid? The IIHS tests show that the Dodge Dakota, Toyota Tacoma, and the Chevrolet Colorado all earned the second-lowest safety rating of “marginal.” The Ford Ranger earned slightly higher ratings from the safety testing center, recieving an “acceptable” rating.

According to the IIHS, in order to earn a rating of “good” the vehicle must have roofs that are double the strength of the minimum requirement under the current safety standard. To earn the highest safety rating, the car must recieve “good” ratings for protection in all areas of the car, including front, side, rear, and roofs for the event of a rollover accident. Additionally, the vehicle must have electronic stability control for additional safety.

The Insurance Institute for Highway Safety makes one futher recommendation–if possible, choose to drive a car, rather than a pickup truck. National reports show that rollover car accidents kill approximately 10,000 people each year, and the best chance of staying safe is in a small car or small SUV. ”As a group, small pickups aren’t performing as well as small cars or small SUVs in all of the Institute’s safety tests… no small pickup earns our Top Safety Pick award,” commented the Institute’s Senior Vice President, David Zuby. The Nissan Frontier is among one of the safest small pickup truck models on the market because it came so close to receiving the highest award–it was eliminated from consideration after recieving an “acceptable” rating for protection against catastrophic injury in rear-end car crashes.

Rollover car accidents can have devastating consequences, resulting in extreme personal injury or death.  For your injuries, you may be entitled to compesation for medical bills, damages incurred, and pain and suffering. An experienced and hard-working personal injury attorney can best explain all of your options, as well as provide top-notch legal advice and legal representation. The Law Offices of Bredell and Bredell have years of experience representing injured people, and is ready to help you.

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Safety Matters: NY Plane Crash Still Hasn’t Inspired Safety Reforms

Tragic incidents such as plane accidents are all too familiar to personal injury attorneys. Following any type of accident, safety matters is of the utmost importance as they have the potential to cause severe personal injury or death. Unfortunately, in the year following the crash of a regional airliner in Buffalo, New York, many of the main safety reformations have yet to be implemented–regardless of promises made by federal lawmakers.

The plane crash occurred on February 12th, 2009 when a regional connecting flight was approaching their destination airport when the twin-engine turbo-top experienced a sudden and unexpected stall. As a result, the plane plumted downward and crashed into a house. In total, all forty-nine passengers and one resident of the home that was hit died as a result of the plane accident.

During the hearing last May, it was determined that the two pilots made grave mistakes leading up to the crash. Both the captain and the first officer were unsure of proper safety techniques for every aspect of the plane they were flying and both were tired. In addition, the captain of the plane failed numerous pilot skill tests before flying the continental flight, and therefore was an unqualified candidate to operate the plane.

This crash is so significant because it displays how far behind regional airlines are from major carriers. Low-fare, commuter planes are often operated by pilots who are fatigued, have inadequate training, and have long distance commutes. Although  the carrier lines have been persuaded to make safety improvements as well as their inspection and consideration of performance during training programs. However, these safety regulations have yet to be implemented–the House of Representatives has passed the updated regulations, while the Senate has yet to take action due to unrelated problems.

Losing loved ones as a result of a plane crash accident is very difficult to bear, and can have life-changing consequences. An experienced personal injury lawyer can help provide answers to the many questions that you may have regarding your loved ones death. Depending on the circumstances, it may be possible to recover damages for the losses incurred as a result of the plane crash accident. To find out your best options, seek a hard-working personal injury attorneyfor legal advice and legal represenatiton. The Law Offices of Bredell and Bredellhave years of experience fighting for the rights of injured persons, and are ready to work just as hard for you.

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MI Safety Matters: Car Accidents Caused by Winter Weather

During the legal career of an experienced Michigan personal injury lawyer, it is common to represent clients who have sustained severe personal injury as a result of a car accident. Unfortunately, auto accidents are even more likely to occur in the slick and icy winter months. 

Michigan State Police Trooper Aric Dowling was one of the many police officers in the state who responded to numerous accidents during the recent snowstorms.  Included in that group is a tragic car accident occurring yesterday morning on highway I-94. A Ford Focus driven by Ypsilanti resident, Tracy Guest, 35, slammed into a BMW while traveling eastbound. Then, the vehicle was t-boned by a Waste Management truck. Two passengers in the car and truck were sustained personal injury as a result of the car accident, and were sent to the hospital. Guest was not as lucky–as a result of the impact, she died at the scene of the car accident.

On one recent snowy day over 2,800 phone calls were placed for emergency road side services to AAA. The great number of emergency calls highlights some important stafety tips regarding driving in Michigan winter weather. As the roads may be slick, icy, or not completely plowed it is possible for the car to spin out or slide. Therefore, it is vital that all drivers on the snowy roads pay the utmost attention to the road, reduce their speed, and keep an assured clear distance at all times.   All distractions, such as cell phones or iPods will only increase the likelihood of a car accident occurring.

The Law Offices of Bredell and Bredell encourage every Michigan driver to exercise extreme caution while on the roads this winter. Slower speeds, paying attention to the road, and wearing a seat belt are three important tips that can be the difference between life and death in the event of a car accident. As seen by the example of Tracy Guest, severe personal injury or death can occur as a result of car accidents in winter weather. Should you or a loved one sustain injury in an auto accident, it is important to contact us, your hard-working and trustworthy Michigan personal injury attorneys.

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Medical Malpractice Matters

For a long time, claims have been made that medical malpractice awards drive up health care costs. However, a recent study shows that the idea of big payouts for their mistakes has caused many medical practicioners to reduce the amount of hours that they are working.

According to the Journal of Law and Economics, when medical liability is increased by just ten percent, doctors end up working approximately 1.7 hours less per week on average. Economists Eric Helland and Mark Showalter try to keep these numbers in perspective. “This is roughly equivilent to one in thirty-five phsyicians leaving the workforce entirely, or about 21,800 physicians,” they commented.

The study is comprised of data from insurers about the medical liability risks in each state, divided by medical specialty. Additionally, the study has surveys from medical practicioners regarding their workload and income. The results of the study showed that when the risk of liability changes, doctors will alter their workload accordingly. One would assume that this is done in order to see fewer patients, and ultimately minimize the risk of a medical malpractice accident. However, it could also mean that physicians are reducing their availability in order to be more careful and thourough with their patients.

Some state courts, such as Missouri and Georgia  are challenging existing medical malpractice caps that are in place. For example, these two states limit the amount that can be awarded for pain and suffering to $350,000 regardless of the circumstances of the case. Legal representatives and patients alike are fighting against caps such as these around the nation. The intention of the study is to shed light on the trends surrounding that very debate. However, they highlight the importance of taking each state’s individual characteristics into account. Showalter explained, “If the cost of providing medical care varies by state, why should we have a national, one-size-fits-all approach? The same cap would have very different effects in Kansas than in New York.”

Medical malpractice injuries are particularly devastating because they are caused by those in which whom we place the utmost trust–doctors, nurses, surgeons, and other medical practicioners. An experienced personal injury laywer can help provide answers to the many questions a person injured in a medical malpractice accident will certainly have. Sustaining personal injury as a result of doctors mistakes can be life-changing and have irreverseable consequences. For these injuries, you may be entitled to compensation for your pain and suffering. To find out your options, seek legal advice from a hard-working and trustworthy personal injury attorney immediately. The Law Offices of Bredell and Bredell has years of exerience fighting for the rights of injured persons,  and are ready to provide the best legal representation possible for your personal injury claim.

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Safety Matters – Florida Has Most Pedestrian and Bicyclist Injuries from Car Accidents

Friday, January 29, 2010

While walking or biking in very populated areas, you take a risk of sustaining severe personal injury and/or death if struck by a motor vehicle. The state of Florida is particularly prone to bicycle-auto accidents and pedestrian-auto accidents as the weather is warm year-round.

Their track record with the injuries and deaths from car accidents is alarming–both national and state data show that there is a very high risk of injury or death for pedestrians and bicyclists in Florida. According to the National Highway Traffic Safety Administration, Florida has the highest rate in the nation of pedestrian fatalities because of car accidents in 2008, as well as the highest number of bicycle fatalities.

Like many other states around the country, Florida law requires all drivers to purchase and keep personal injury protection (PIP) insurance and property damage liability insurance in order to keep their driver’s license and registration current. This insurance covers a variety of things, including the medical costs of pedestrian and bicycle accident injuries or deaths occurring as a result of a car accident. Common injuries sustained in car accidents are concussions, broken bones, traumatic brain injuries, back or neck injuries, or sometimes death. Additionally, pedestrians or bicyclists may be entitled to other damages, such as financial support for pain and suffering or loss of wages. If a fatality occurs, it may be possible to recover payment for funeral expenses and loss of companionship.

Being involved in a bicycle-auto accident or a pedestrian-auto accident is a diffcult process for anyone to go through. An experienced personal injury attorney can help answer many of the questions that an injured person has regarding an accident.  Personal injuries sustained in car accidents have the potential to be life-changing. Therefore, it is essential to contact a hard-working and aggressive personal injury lawyer for the representation needed to conduct a successful claim. The Law Offices of Bredell and Bredell have years of experience providing legal advice and help to injured persons, and are available to help you today.

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Safety Matters – Questioning the Safety of Keyless Entry to Cars

Old fashioned car keys seem to be a thing of the past–automakers around the world are rushing to install wireless systems that allow key-less entry to new vehicles. The engine is started by pushing a button, instead of taking anything out of  pockets or purses. These devices were debuted ten years ago on luxury vehicles and are quickly spreading to all sectors of the automobile market. The number of cars manufactured in the past five years with wireless systems, standard or optional, has quadrupled.

However, because many drivers do not know how these safety systems work, there is great potential for safety problems to arise. Motorists have reported that they were unable to shut down their engines during highway emergencies. There were also reports of sudden acceleration when the car was pulled over. In some cases, parked cars accidentally rolled away because the engine was left on for hours without the driver realizing it.

Traditional keys work the same exact way–but automakers have different procedures of installing the wireless systems. Because of this, owners may not know how to handle their own cars in an emergency situation, let alone a borrowed or rented vehicle. Federal regulators and an auto industry trade group believe that the risk is so severe, that they are looking at adopting standard installing procedures.

Auto safety experts say that the car industry needs to do a better job of explaining the advanced technology to motorists, as well as adopt common operating procedures. Industry officials say that these glitches will be fixed over the course of technological improvements as the wireless systems are still a recent development. “As they become more widely adopted, I think we’ll find that they converge in how they operate,” commented Dave Proefke, a vehicle security engineer at General Motors Co.

Glitches in cars can cause devastating accidents resulting in severe personal injury. An experienced personal injury attorney can help provide the best legal representation for the case. Car accidents can result in life-changing personal injuries, for which you may be entitled to compensation. Therefore, it is important to contact a hard-working and aggressive personal injury lawyer for assistance. The Law Offices of Bredell and Bredell has years of experience helping injured people, and are ready to help you.

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Dog Bite – Police Encourage Owners to Keep Dogs Contained

Tuesday, January 26, 2010

Vicious attacks by neighborhood dogs can cause severe personal injury, as seen in a recent case of a Louisiana teen who sought medical treatment after being bitten. A fifteen year-old boy was attacked at a Libuse-area home by two pit bull dogs that were off their property.

Around 12:15 p.m. last Monday, the pit bulls attacked the teenager in the 100 block of Holiday Boulevard in the Libuse area. The teen was bitten in the leg by the unrestrained dogs, and was then taken to an area hospital for medical treatment. When a Rapides sheriff deputy tried to restrain the animals, they attempted to attack him instead. In response, the police officer fired his gun at them in order to protect himself. Eventually, the pit bulls were seized and the owner of the dog’s received a citation for owning dangerous animals and allowing them to run unsupervised throughout the neighborhood. 

Whether in Michigan or Louisiana, animal control officers encourage all dog owners to keep their pets,  properly contained and restrained because this protects others from being attacked and sustaining personal injury. Additionally, doing this will also protect the owner, as they are held responsible for any injuries and/or deaths caused by their pet.

Attacks from unrestrained dogs can cause severe personal injury and/or death. A hard-working personal injury attorney can help provide answers to the many questions that an injured individual would likely have regarding their case. Personal injuries sustained from dog bite accidents can be life-changing, and often hold permanent consequences. Therefore, it is important to contact an experienced and aggressive personal injury lawyer for the best legal representation possible. The Law Offices of Bredell and Bredell have years of experience fighting injured persons to receive the compensation that they deserve. Do not hesitate to contact us immediately for legal advice.

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Bicycle Accident – Fatal Accident on Highway Raises Safety Questions

This week, the Miami-Dade County commissioners spent a considerable amount of time investigating the death of a Florida cyclist who was struck by a car while riding on the Rickenbacker Causeway. The commissioners debated what caused the accident and what can be done in order to make Miami streets safer for all those who take to the road.

Bicyclist Christopher Lecanne, 44, was riding his bicycle Sunday morning when he was struck by a car on the Rickenbacker Causeway near Key Biscayne.  The bicycle was dragged almost the entire length of the village. The driver of the vehicle, Carlos Bertonatti, 28, was arrested the next day by Miami police and charged with an entire list of charges including: vehicular manslaughter, DUI manslaughter, not having a valid driver’s license, and leaving the scene of the accident. And, he certainly was no stranger to traffic violations either–his driving record boasts forty-two citations in the past twelve years.

Unfortunately, at the time of the accident the closest fire-rescue team was closed. Therefore, an emergency team from South Miami, ten miles away, was sent instead. Because they had to travel so far to get to the scene of the accident, the medical team arrived after Lecanne had died.

County Manager George Burgess was questioned by the commissioners about the station’s part-time hours. During the spring budget session, it was explicitly stated that no public safety concerns would be slashed. To combat this problem, the toll has been raised at the Key Biscayne entrance in order to fund the station and keep them open full time. Additionally, a variety of safety measures were discussed, including lowering the speed limit and having more officers on patrol. It was also suggested that the local police departments unify their radio systems in order to better respond to accidents. Yet the problem essentially remains the same–it has been increasingly difficult to find funding for all of the necessary changes.

Because bicycles, motorcycles, and automobiles share the roadways, it is increasingly important that they watch out for one another. As seen by the example of Christopher Lecanne, bicycle-auto accidents can cause severe personal injury and/or death. An experienced personal injury lawyer can help provide answers to the many questions that an injured individual would likely have regarding their case. If you have been injured in an accident, you may be entitled to damages–and an aggressive personal injury attorney can help you retrieve your deserved compensation. The Law Offices of Bredell and Bredell have years of experience representing individuals who have sustained personal injury in accidents, and are ready to help you as well.

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Accident – NTSB Determine Official Cause of 2008 Chatsworth Crash

Sunday, January 24, 2010

In 2008, a massive train collision occurred when a Union Pacific freight train crashed head-on with a Los Angeles commuter train while driving in the Chatsworth district. As a result of the accident, one hundred and thirty five passengers sustained personal injury, including forty-six critically injured passengers. Unfortunately, also because of the train accidents twenty-five people lost their lives.

Since the accident, the National Transportation and Safety Board has been investigating the devastating and tragic collision. Originally, two witnesses testified that the light was green when the Metrolink commuter change went through the intersection. However, these witnesses were determined unreliable, as they were located approximately one-mile from the traffic light. Police also took into consideration weather and lighting conditions, as well as human capabilities to the finding.

Further investigation has shown a very different story. Testing and records from different signals, as well as video from the Pacific Union freight train show that the final traffic signal that the commuter train last went through before impact was red. The Metrolink operator was text messaging and using his wireless phone–a prohibited activity for all commuter train engineers. His ability to “observe and appropriately respond” to the red traffic signal was compromised.

Furthermore, the board determined that field testing to ensure compliance with the rules by all employees was insufficient. A suggestion made by the board is that video cameras be installed in the train control cabs to monitor the activites of operators at all times. Members of the board commented, “We know this behavior is widespread and it’s getting more widespread.” It is clear that something needs to be done to prevent this type of prohibited behavior from happening.

As seen by the Chatsworth catastrophic collision, negligence of train operators who fail to pay complete attention to the tracks can cause widespread personal injury, death and misery.  An experienced personal injury lawyer can help answer all of the questions an injured person would undoubtedly have regarding their case. Because personal injuries sustained from train accidents can have life-changing repercussions, injured persons may be entitled to compensation for damages. An aggressive and hard-working personal injury attorney can provide the legal representation necessary to succeed in the court room. The Law Offices of Bredell and Bredell have years of experience representing injured persons, and are ready to help you.

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