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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Dog Bite – Personal Injury to Three Kids After Dog Attack

In our personal injury law firm, we frequently encounter  troubling cases of severe personal injury as a result of dog bites. Many of our cases are much like this recent case, where three young children, all under the age of 10, were attacked by a pack of local neighborhood dogs and sustained severe personal injury as a result.

On February 1st, the three siblings, aged 5, 7, and 8, were walking with their mother along the train tracks when they were attacked by five dogs. The dogs, mastiff and pit bull mixes, had escaped from their nearby home by digging under the fence in the yard and escaping. The two older children suffered large lacerations, including one leg laceration that required 237 staples to close. The youngest child, however, sustained the worst injuries as a result of the vicious dog attack. She was ripped from her mother’s grip by the animals, and she suffered a punctured lung, multiple broken ribs, and several lacerations. Additionally, she is currently still in critical condition in a local Los Angeles hospital, breathing with the assistance of a ventilator.

The dogs were found by law enforcement officials a short time after the attack by their home. One of the dogs was shot when it attempted to attack a police officer, however the other four animals were successfully contained.  Although the owners weren’t immediately ticketed, there is a great possibility that they could face citations and fines for failure to control their animals, resulting in personal injury.

Attacks by vicious and unruly dogs is a terrifying experience that often ends in severe personal injury or death. As experienced and hard-working personal injury lawyers  Bredell and Bredell can  answer the questions that an injured individual has  regarding their case. Dog bites can cause life-changing and irreversible injuries, for which you could be entitled to compensation. To find out all of your options, contact an aggressive personal injury attorney today. The Law Offices of Bredell and Bredell has years of experience representing persons who have been injured at the hands of ruthless animals, and are available 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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Michigan Accident – Snowmobile Accident Kills Detroit Sisters

In snowy Michigan, snowmobiling is a beloved past time for residents of all ages. Even though it can be a fun activity, it can also be incredibly dangerous. As a Michigan personal injury lawyer, it is common to assist clients who have sustained severe personal injury in a winter recreational accident–much like the tragic example of the two Michigan sisters who were recently killed in a snowmobile accident.

According to Michigan State Police, Karen Schwarck, 59, and Edith Bonno, 57 were up north enjoying an annual winter festival on the island. After the festivities, they took a snowmobile ride on the trails of historic Mackinac Island, attempting to take photographs of the beautiful winter scenery. Schwarck’s husband Donald reported the two ladies missing when they did not return home by 10:15 that evening. Law enforcement officials found the two bodies at the bottom of a steep hill. Mackinac Island Police speculate that the women lost control of the snowmobile due to the snowy weather conditions. Furthermore, it is not believed that alcohol played a factor in this tragic recreational accident.

Snowy, winter weather creates an ideal environment for fun and exciting recreational activities. However, because of the slick conditions, it also creates a prime situation for recreational accidents to occur. As seen by the example of the two Detroit sisters, severe personal injury or death can ensue, even with the most experienced riders. It is important to eliminate as many distracting factors as possible, such as cell phones. Taking your attention off of the road even for a split second could cause a tragic accident. According to Michigan State Police, there have been at least fifteen other snowmobile accident fatalities since December, 2009. Therefore, this winter The Law Offices of Bredell and Bredell encourages all those participating in recreational activities this winter to pay attention and play it safe!

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Wrongful Death – Hanging Death Results in Lawsuit Against School District

Wrongful death incidents are devastating for the family and friends that are left behind. Personal injury lawyers see and hear many examples of wrongful death accidents, much like the midwest fifth grader who died in a north suburban elementary school last year.

On February 3rd, 2009, ten year-old Aquan Lewis was found hanging on a hook in a bathroom stall at his local elementary school. When the boy was found by paramedics, he was taken to the hospital and physicians attempted to resuscitate him. Unfortunately, their efforts were in vain, and Lewis was pronouned dead on February 4th. The county medical examiner performed an autopsy, and ultiamtely determined the child’s death a suicide.

The family of Aquan Lewis filed a wrongful death lawsuit this year against the elementary school maintaining that the boy was the responsibility of the elementary school during school hours. On the day of the wrongful death accident, the boy’s classmates were lining up for gym class at approximately 2:30 p.m. when he went missing. According to the prosecution, no efforts were made to locate the boy when he did not show up for gym class. Additionally, multiple pieces of evidence were found at the scene of the wrongful death accidentwhen a young student found Lewis thirty minutes later.

There are currently four allegations against the school: wrongful death negligence, survival action negligence, wrongful death related to willful and wanton conduct, and survival related to willful and wanton conduct. 

Wrongful death incidents are irreversible, life-changing accidents that can leave friends and family with a lot of questions regarding what to do next. An experienced and hard-working personal injury attorney can help provide answers as well as the best legal advice for filing a successful suit. For your losses, you may be entitled to compensation for your damages, pain, and suffering. To find out all of our options, The Law Offices of Bredell and Bredell is ready help you with your case.

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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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Car Accident – Utah Patroller Alive After Freeway Accident

Joining the highway patrol in any state can be a frightening occupation–in the blink of an eye, it is possible to be “trunked,” or in other words, be hit from behind by an oncoming vehicle. When Rachel Zubal jointed the Utah Highway Patrol over three years ago, this was one of her primary concerns. She commented, “When you’re out in five lanes of 70-plus mile-per-hour traffic, you feel very helpless and out of control.”

Zubal’s fears were confirmed this past Satuday night when she was struck by a minivan as she stepped out of her patrol car in the left meridian on northbound I-15. According to law enforcement officials, the vehicle that hit Zubal was traveling twenty-five to thirty-five miles-per-hour and dragged the patrol officer over seventy five feet. When the minivan finally stopped about one hundred feet later, Zubal’s jacket was still caught on the front grille of the car. According to the driver, he moved into the middle lane but lost control of his vehicle when another car forced him to move into the left lane.

As a result of the accident, the mother of two sustained a broken pelvis and could require some skin grafts. Despite this, she is very lucky to be alive, given the circumstances of the crash. In response to this accident, and several similar accidents, the Utah Highway Patrol is pleading with drivers to slow down and proceed with caution when passing stopped vehicles on the highway.  In past years, two troopers would be on the scene of a pulled over vehicle–one officer would interact with the driver, while the other would alert traffic to the pulled over cars. However, according to to UHP Col. Daniel Fuhr, the Department of Public Safety had to lay off twenty-one troopers last year, and has been instructed to downsize another four percent this year. “We no longer have the staff to do that,” he commented. “Our troopers are working harder than they’ve ever worked before,” as they sometimes handle up to twenty accident on snowy days.

Snowy, winter weather creates ideal conditions for car accidents, as seen by the example of Rachel Zubal. It is vital that all motorists exercise extreme caution while on the road at all times, otherwise, severe personal injury or death can result. An experienced personal injury attorney can help provide answers to the many questions that an injured individual will undoubtedly have regarding their case. Car accidents can have life-changing consequences including irreversible and permanent personal injuries or death. For this, you may be entitled to damages and compensation for your pain and suffering. To find out all of your options, it is important to contact a hard-working and aggressive personal injury lawyer for representation. The Law Offices of Bredell and Bredell are ready to help provide help for you regarding your case.

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Catastrophic Injury – NFL Player’s Union Forms Brain Injury Panel

Friday, January 29, 2010

Participation in tough and aggressive athletic sports such as football can result in severe personal injury, including traumatic brain injuries. National Football League Hall of Famer Jack Youngblood has joked that he can not even remember how many concussions he has had since he began playing the sport at the age of twelve. However, he does not disregard the severity of the damage he has absorbed as a result of the game. 

The former football star was one of the speakers at the first meeting of the Mackey-White Traumatic Brain Injury Committee last week. The organization was named after two Hall of Fame football players that have been directly affected by brain injury: tight end John Mackey was recently diagnosed with Alzheimer’s Disease, while defensive lineman Reggie White died at age forty-three because of aggravated injuries. The group was formed by the NFL Players Association and is comprised of a variety of professional athletes, former and current NFL players, as well as numerous doctors and scientific experts. It was formed in order to have open discussion of the brain injuries that many players sustain as a result of playing professional football and has a goal of developing solutions to the safety issues players face in order to keep them safer during practice and games.

Since then, the National Football League has created stricter guidelines for players who are showing concussion symptoms. In order to ensure that players do not return to the field too quickly, each team must enlist the services of an independent neurologist for advice. Additionally, a partnership has been formed with Boston University brain researchers who have been very influential of the league’s rules governing concussions because of tests they conducted on football helmets. It is hoped that the committee will serve as a “superconductor” of information in order to spur decisive progress towards protecting football players from traumatic brain injuries.

Sustaining catastrophic injuries as a result of a recreational accident is life-changing and will likely have permanent consequences. An experienced personal injury attorney can help answer many of the questions that an injured individual will likely have regarding their case. If you have traumatic brain injuries as the result of an accident, you may be entitled to damages for your pain and suffering. A hard-working and aggressive personal injury lawyer can provide the legal advice and legal representation necessary to be successful. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of injured persons, and are ready to do the same for you.

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

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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