Tips on Rollover Prevention

Rollover accidents almost always involve vehicles with higher center of gravity such as vans, SUVs, and trucks. This is because the higher the chassis components are, the harder to control and less stable the vehicle gets.

This poses a great threat to families heading for long trips on their RVs and vans. According to a study, these vehicles are three times more likely to be involved in rollover crashes compared to regular vehicles and that these accidents are also accountable for taking 10,000 lives each year.

To avoid this, here are some helpful tips and reminders to drivers and occupants:

• Put seatbelts on – Most of the deaths from rollover accidents are caused by the ejection of the occupant from the vehicle and so the first thing that should be done after getting inside a vehicle is to strap in. Also, studies have shown that the use of seatbelts has greatly diminished the number of fatalities in accidents.

• Check tire pressure and condition – It is important that tires be checked before driving away to avoid possible problems that may arise while in the middle of the trip.

• Never overload – Overloading will upset the balance of the vehicle and make the maneuvering of the vehicle harder and will result to higher chance of being injured.

• Drive cautiously – Since driving vehicles with higher center of gravity is more dangerous and is prone to rollovers, drivers must be more careful in making turns or sudden lane shifting to avoid losing control.

• Maintain speed limit – With greater speed comes the difficulty of managing your vehicle. Motorists ought to be more careful and be wary of approaching road conditions so that they can prepare and be alert.

Aside from the reminders above, drivers must also never risk the lives of their passengers by driving while intoxicated. Driving under the influence of alcohol will further increase the possibility of rollover accidents as the driver will have a compromised sense of judgment because of the drugs or the alcohol intake.



Other Factors in Rollover Accidents

Aside from driver’s negligence, there are other factors that could cause injuries and even fatalities in rollover accidents. Here are some of them:

• Roof crash – Occupants often rely on the crashworthiness of their cars to protect them if ever their vehicle would turn over. However, studies show that some roofs of vans and SUVs are not designed to protect occupants from outside impact and be more harm than good as roof crash can also cause serious injuries such as head trauma.

• Seatbelt malfunction – Many people have died because the restraint of the seatbelt that they expect to keep them in their seats is not strong enough which can get them ejected. These safety belts and buckles must undergo tests before the public can access it so that they won’t cause life-threatening injuries.

• Child seats – There are instances when a child’s safety seat malfunctions causing the child to be thrown away in a crash even after their parents have tucked them in safely.

If victims of a rollover accident experienced any of the above problems, they may be eligible to file product liability claims from manufacturers and distributors. It would be wise to immediately consult with a personal injury lawyer.

Road Debris Causing Auto Accidents

Motorists are always at risk from auto accidents caused by road debris. Some of these victims are killed because of someone else’s negligence of letting road debris obstruct the path of unsuspecting drivers.

Road debris often gets launched by tires into the preceding vehicle causing it to hit the windshield or get inside the vehicle through the open windows. Many drivers have experienced this as they themselves have been hit by road debris.

There are instances when rubbles and other materials that are big enough cause drivers to suddenly apply brakes or shift lane which greatly increases the chances of colliding with another vehicle.

Liability

These road debris often come from loose cargos and fallen rocks from road fixtures. The government has the responsibility to remove road debris and keep motorists safe from these accidents.

The government can always say in their defense that they were not immediately alerted of the debris or that they had no time to remove it before the accident happened.

Finding the party responsible for leaving the road debris is a much harder task to accomplish in these freeways where vehicles are expected to travel at high speeds.

These accidents often lead to higher expenses and so it is important for the victim to consult with a skilled personal injury lawyer who can assess his claims and determine whether they have enough evidence to place the blame on the offender. These experts will help in determining the amount of compensation that will be sufficient enough for all the damages the accident had caused.

Preventing Accidents Caused by Road Debris

Deaths from these accidents are not unusual as the vehicle would suddenly and dangerously stop on his tracks because of road debris. This would cause him to obstruct someone else’s path and, consequently, be hit. Many families have suffered the loss of their loved ones because of these accidents.

Because of this, here are some helpful tips on how to prevent accidents caused by road debris:

• Make sure that loads are secured so that it won’t fall over when travelling on freeways

• Maintain a safe distance from other vehicle to avoid chain accidents

• Truck drivers should be trained to safely maneuver vehicles so that cargos won’t fall off

• Motorists must report road debris so as not to endanger other drivers.

• Keep your eyes on the road so that they will have time to react to road debris.

Importance of Strict Liability in Defective Product Accidents

The strict liability doctrine is a very important doctrine in tort law especially in dealing with defective product accidents.
Strict liability holds a person or an organization liable for the damages caused by a defective product accident regardless of culpability or fault.
It separates product liability cases from other personal injury lawsuits that usually use the negligence doctrine to prove the defendant’s liability.
Before the doctrine of strict liability, plaintiffs have to use the negligence doctrine to prove the manufacturing company’s liability for the accident.
However, investigating the manufacturing company’s negligence proved to be difficult and expensive.
Most manufacturing companies keep their production operations from outsiders and would not let just anybody, especially a person who plans to sue the company, see it.
So the strict liability doctrine was added into tort law specifically for product liability cases.
This is done in recognition that:
• The consumer or buyer cannot be expected to prove whether the manufacturer, seller or renter had the proper system to check for defects
• The consumer or buyer cannot be expected to prove that the seller caused the defect after receiving the product from the manufacturing company.
• The consumer or buyer cannot be expected to check every product for defects before using it.
So under the strict liability doctrine, regardless of the manufacturer’s claims that they took all the care in producing and handling the product, the person who got injured by the defective or unexpectedly dangerous product may recover compensation from the company.
However, like all personal injury cases, there are certain factors that have to be proven to make a successful claim.
Here are the factors for strict liability cases:
• The product had an “unreasonably dangerous” defect that caused injury to the plaintiff. There are three types of defects:
o Design Defect – defects that was inherent in the design
o Manufacturing defect - - defects that occurred in the production line
o Selling/Distribution defect – defects that occurred during handling, shipment or on the store itself
• The defect caused the injury of the plaintiff while the product was being used in the way that it was intended to be used.
• The product had not been substantially altered from the condition in which it was originally sold.
Victims of defective products are recommended to stop using the product after discovering the defect and report it to the US Consumer Product Safety Commission.
Plaintiffs may not be able to claim strict liability if he or she knew about the defect but still continued to use the product.

Overview of Head and Spinal Cord injuries

Head and spinal cord injuries are the leading cause of death and disability, not only in the US but also the whole world.
Head and spinal cord injuries are usually caused by vehicle accidents but can also be due to fall accidents, violence and other conditions that could cause trauma to the head or back.
Here’s an overview of the two injuries:


Head Injuries

Head injuries are usually caused by trauma to the head.
It becomes really dangerous for the victim if the injury reaches the brain.
Traumatic brain injuries or TBI account for about 200,000 deaths and about 500,000 more hospitalized for treatment in the US each year.
The severity of this injury is difficult to gauge.
The victim may feel better one day only to worsen the next.

TBI symptoms include:


• Headaches, dizziness and nausea

• Sudden loss of consciousness

• Loss of memory

• Alterations in the mental state of the victim

Spinal injuries

This refers to injuries to the spinal cord that could affect the communication of signals in the victim’s nervous system.
The most common spinal cord injury is paralysis.
Paralysis refers to the loss of sensory and motor functions in one or more muscle group.

The two most common types of paralysis are:

• Paraplegia – this refers to the paralysis or the loss of sensory and motor functions in the lower extremities or the victim’s legs.

• Quadriplegia – this refers to the total or partial loss of sensory and motor functions on all limbs and the torso of the victim.

These two catastrophic injuries could change the lives not only of the victim but their family as well.

Even if the victim survives the injury, the cost of medical treatment and therapy can take a toll on their finances.

Some of the options that can be pursued by the victim are:

• The victim may file a personal injury claim or lawsuit so he can collect damages from the liable party if the injury was caused by the negligence of another person.


• The victim may apply for worker’s compensation if he sustained the injury in the workplace. However choosing this option would also surrender the victim’s right to sue employer.

• The victim may file for Social Security Disability Insurance.
The victim may consult with an attorney to know the best legal course he may take.

Pursuing a Wrongful Death Claim

Compared to property damages and personal injury lawsuits, wrongful death damages are more costly. Aside from paying funeral and burial expenses, the bereaved family also needs to cope with the loss of their loved one. In such cases, they should pursue a wrongful death complaint against the responsible party.

Last week, a 45-year-old woman died after a truck crashed into her house, pinning her against the stove. The victim sustained serious leg injuries, which have caused her death says the police. According to the initial investigation of the California police, the suspect, a 19-year-old male, may have been trying to commit suicide because he ran a red light and hit a brick wall before smashing into the victim’s house.

The driver has clearly caused the wrongful death of the woman who was probably preparing dinner for her family when the accident happened. He should definitely be charged with vehicular manslaughter because of his actions. The bereaved family should immediately take legal action in filing a wrongful death complaint against the suspect.

While the police consider the driver’s actions as unintentional, his negligence still caused the death of an innocent woman. To pursue this kind of wrongful death case, the bereaved family should hire an experienced attorney to gather enough evidence against the driver who should be made to pay for the pain and suffering he caused to the decedent’s family.

There are numerous law firms in California that have competitive lawyers who can handle such cases. The family should just specify details regarding the incident to determine their chances of winning their lawsuit. Some of the damages they can claim compensation for the following losses:

• Their loved one’s household services.
• The decedent’s value to the family.
• The deceased’s love and support to family members.
Wrongful death complaints are usually more difficult to handle than property damage or personal injury claims. But once the bereaved family gets a reliable attorney, obtaining justice for their deceased loved one will become possible.

Safety Recalls – Are They Necessary?

Vehicles are useful devices that help people to transfer from one place to another. However, vehicles and their drivers should also ensure the safety of their passengers while transporting them to various locations. That is why it is crucial for vehicles to undergo a safety inspection. If a car or motorcycle has the potential to cause a safety hazard, it may be recalled. Safety recalls are conducted by manufacturers if:


• The defects pose a safety risk in the vehicle.

• The safety defect is present in a group of cars, causing a widespread safety hazard among drivers.


Usually, safety recalls are made if the car owner complains about a safety defect in the vehicle. If you also want to check whether your car has safety defects or not, here are some things you may examine:

• Steering wheel – If the steering wheel has defects, the vehicle would be difficult to guide.

• Fuel system – Poorly-secured gas tanks might explode right after an accident.
• Car seats – These should ensure that the occupant remains in an upright position, even in high-impact collisions.

• Wiring – Wiring defects may cause lighting problems. This can be dangerous especially at night, during heavy rain, hail or snowfall.

• Airbags – These components should be checked carefully to ensure that they can safely secure the occupants in the car’s front seats.

• Wheels – If the wheels are not durable enough and one of them breaks, the vehicle will get out of control.

• Brakes – The brakes makes sure that the vehicle stops at the right place and time. If the brake does not function well, there is a high possibility that the vehicle will be involved in a collision.


If you have discovered that your car has one of the following safety defects, report it immediately to the manufacturer. Under federal and state laws, if the product has safety defects, auto manufacturers should provide repair services for free.


However, there are instances where manufacturers refuse to conduct free checkups and repair. If this is the case, you may file a complaint with the National Highway Traffic Safety Administration (NHTSA). The NHTSA is an agency of the Department of Transportation that ensures the safety of all vehicles on every U.S. road. Handling vehicle safety defects is one of the NHTSA’s many responsibilities in making roads and highways safer for every motorist.



Once you report your case to the NHTSA, they will promptly take action against the manufacturer of your vehicle. They will carry out several investigations on your behalf based on your complaint and your car. If they found out that the manufacturer did not comply with federal and state laws regarding safety recalls, they would charge fines and take legal actions unless the auto producer agrees to repair or replace your car.

Taking Immediate Action for Defective Auto Parts

Defective auto parts should not be treated lightly. According to statistics, around 42,000 car accident fatalities each year are caused by defective auto parts. These accidents could have been prevented if their vehicles were in good condition. There are basically two types of car defects: manufacturing and design defects.
• Manufacturing defects – These are defects that do not pass the manufacturer’s standards. Compared to other products of the same type, a product that has manufacturing defects is different in terms of functionality and/or durability.
• Design defects – Unlike manufacturing defects, design defects are “correct” products of the manufacturer. The problem however is the design itself, which makes the product unsafe for its users. In cases like these, the complainant’s lawyer may suggest safer ways to design the product.

Depending on the type of defect, a car may cause a wide range of possible damages and injuries. If you want to avoid such unfortunate incidents, you should conduct a regular examination of your vehicle and see if it is safe to use. The following are some factors that you need to check to identify whether your car has defective parts or not:
• Steering components – The steering wheel lets you control where the car is going. If one or all of its components are defective, you are in great danger.
• Fuel system components – In the event of a car collision, fuel system defects may cause the vehicle to explode. In other cases, your vehicle may suddenly stop while you are driving on a highway, which can cause a chain car collision. Fuel system components should also be durable enough to endure crashes or collisions.
• Tires – Make sure that your automobile’s tires will not blow out in unexpected situations. One blown tire can cause a rollover accident.
• Wheels – Wheels are considered as the vehicle’s transporter. If a wheel breaks or loses its tread, the car may become completely out of control.
• Accelerator – The accelerator controls the car’s speed whenever it changes gear or decelerates. If the accelerator breaks or sticks, the car may get into a high-speed car accident.
• Wiring system – The wiring system controls the vehicle’s power when on the road. Ensure that there are no wiring system defects to avoid loss of car lighting and even fire.

If you found any defects in your car components, you can contact the National Highway Traffic Safety Administration (NHTSA) to act on it. According to the National Traffic and Motor Vehicle Safety Act of 1966, defective vehicles should be recalled by their manufacturers. The standards for vehicle examinations are established by the NHTSA.

You can also file a complaint against the manufacturer with the help of a defective product attorney. In case the defect already caused you some injuries, you can also seek legal help from a product liability lawyer.

Factors that may affect Property Damage Claims in a Car Accident

In car accident-related terms, property damage refers to the destruction or damage caused to a vehicle such as a car, truck, motorcycle or SUV, among others, as the result of an accident such as crashes or collisions.

Ordinarily, the payment for damages to one’s vehicle may depend on the type of car insurance coverage that one has purchased.

The amount of claim one may receive is often determined by cost of repair and the car’s worth. In some cases, a car is considered totaled if the repair costs exceed a certain percentage of the car’s worth which vary from 51% to 90%, depending on the insurance company’s terms.

Generally, an insured motorist’s insurance company either pays for repair or totals the vehicle. A vehicle is totaled when it is considered a complete loss or in total wreck, and the insured is paid cash value for the vehicle.

Under California law, if your car is damaged in an accident, you are entitled to file damages against the party at-fault for the loss of use of vehicle, during the time of repair, or until your car is replaced, if the car is a total loss.


However several factors may affect recovery of your property losses in a car accident and could help to maximize your recovery of damages in a car accident.
Actual Loss and Actual Use

According to California law, the damages in a car accident are limited to the loss of actual use. Therefore a victim or complainant who did not actually use the car cannot recover for loss of the opportunity to use it. In Metz v. Soares (2006) 142 Cal. App. 4th 1250, 1256-1258, a car owner was denied claim for loss of use of his damaged vintage car after the court found that the owner had not driven the car in five years prior to its destruction by another person.


Diminution of Value

When a car is damaged in an accident, its value is diminished – meaning it may not be worth the same amount as it was before the accident – and could affect the trade-in or resale value of the vehicle. However, in some cases, it can be recovered or compensated.

If a car is damaged and its value diminished, the owner may not be able to collect first-party claim against his own car insurance policy. Under California law, there is no first party claim for diminution of value in personal injury accidents such as a car accident. Similarly, once a car is repaired, the first-party claim no longer applies, which is also one the terms or conditions in most car insurance policies.


Damage Claims against Party at Fault

A car owner may file a claim for damages against another person who hits his car. But this recovery is only limited to the difference between the car’s value before the accident and its value after the accident and it has been repaired. According to law, the measure of damages is the “diminution in the market value” of the vehicle as a result of an accident.


In State Farm Fire & Casualty Co. v. Superior Court of San Diego County (1989) (215 Cal. App.3d 1435), the court stated that the measure o damages is “the diminution in the market value of the vehicle, and diminution of market value is not specifically excluded because it is not a ‘cause' of loss; it is the measure of a loss caused by something else.”


Pursuing a property damage claim in a car accident may require the services of a skilled car accident attorney. Having a lawyer to assist you in pursuing your claim is a great advantage.

How to Prevent Stair Accidents

Improperly structured stairways can prove to be a hassle not only with regards to your safety but in the legal aspect as well.

If somebody gets injured after a stairs accident within your property, you ca be held liable for all medical expenses that the victim may suffer.

That includes emergency medical bills, surgery, medicine and rehabilitation.
Aside from medical expenses, you may also be liable for any lost income if the victim have to take time off work.

Not to mention the pain and anguish that the victim may suffer from the injury.
So it is worth to know about the different dangers that can cause stair accidents.
The most common stair hazards are:

• Poor design
• Incorrectly structured staircase
• Lack of traction on stair steps
• Poor lighting
• Lack or improperly positioned handrails
• Slippery substances such as water spills
• Debris on the staircase such as toys and other personal objects
• Bad weather conditions such as snows and storms that can make the stairs slippery


If any of these hazards are present, you should take proper measures to address the problem.

To prevent stair accidents, you can follow the following steps:


• Provide adequate lighting to the stair area – it can either be on the ceiling or on the walls, as long as those who will be using the stairs can clearly see the steps.

• Provide more traction by adding treads to your stairs – You can ask a handyman or you can install the treads yourself. Just make sure that it is installed properly.

• Repair loose steps and rails ASAP – This rule is the most important. Any damage to the steps or the rail can easily cause a slip and fall accident. Better address those before it is too late.

• Follow city code – Each city usually has its own standards and this is strongly tied to the safety of the stair users.

• Help vulnerable walkers – Children, elderly and those with disabilities should be assisted walking up and down the stairs.
If you follow these steps you can prevent most stair accidents from occurring in your property.