Jonesboro Personal Injury Lawyer - Automobile Accidents

Bicycle Safety Tips and Resources to Avoid Serious Injury

Margaret Embry — Thu, 30 Apr 2009 13:55:30 GMT

According to the National Highway Traffic Safety Administration (NHTSA),

In 2007, 698 pedalcyclists were killed and an additional 44,000 were injured in traffic crashes. Pedalcyclist deaths accounted for 2 percent of all traffic fatalities, and pedalcyclists made up 2 percent of all the people injured in traffic crashes during the year.

Pedalcyclist fatalities occurred more frequently in urban areas (72%), at non-intersection locations (64%), between the hours of 5 and 9 p.m. (26%), and during the months of June (11%) and September (11%).

In order to avoid serious injury or death while riding a bicycle, it is important to take a look at safety guidelines for cycling. The NHTSA provides educational information on how to bike safely, called the 10 Smart Routes to Bicycle Safety. The Pedestrian and Bicycle Information Center (PBIC), a national clearinghouse for information about health and safety, engineering, advocacy, education, enforcement, access, and mobility for pedestrians and bicyclists, is also a great resource for learning more about bicycle safety.

The PBIC also has a Bikeability Checklist on their website which allows a biker to evaluate their neighborhood's bikeability. In addition to the questions, the Checklist provides both immediate answers and long-term solutions to a neighborhood's potential problems.

Originally posted at InjuryBoard by Margaret Embry

Wearing a Bicycle Helmet May Save Your Life if You are in a Bicycle Accident

Paul Ford — Tue, 24 Mar 2009 15:06:19 GMT

I have been an avid cyclist for years and look forward to Daylight Savings time so that the days are longer and I can get in a bike ride after work. Already this year I have seen many others heading out for a ride in the afternoon now that we have had a few warm days as well. Yet sadly, I notice many are not wearing a helmet.

Having had numerous crashes, I know well how important it is to wear a helmet. Over 10 years ago I had a bad wreck that broke my collarbone and wrist. And that was after I broke my fall with my head. But for my helmet, I have no doubt that I would have been killed.

"It is so important that everyone who rides a bicycle wears a helmet," said Sara Snelling, a physical therapist at HealthSouth Deaconess Rehabilitation Hospital. "The risk of brain injury from a bicycle accident could be reduced by almost 90 percent if a helmet is worn."

The next great mistake that is made is by cyclist who think they are too experienced to wear a helmet. I myself made that mistake one day. I missed being hit by a car at highway speeds by less than 100 feet. I have worn one everytime since. And don't think it cannot happen to you. The infamous Lance Armstrong was recently involved in a wreck. No one cam claim more expereience than that!

Armstrong reportedly remains hospitalized in Spain following a crash this morning. The seven-time Tour de France champ was participating in his first professional race on European soil since winning his last yellow jersey when he got caught up in a massive pile-up involving dozens of other riders.

Reports say Armstrong went down about 12.5 miles from the finish line during the first stage of the 5-day race. Sources say the star athlete broke his collarbone. Some reports say the father of three young children (and one more on the way) appeared to be in considerable pain as he was rushed by ambulance to the Rio Carrion hospital in Palencia. Other reports say Armstrong has withdrawn from the race and will be flying back to the United States to seek advanced medical care

So when you head out on your bike for a little exercise, wear that helmet. It may just save your life. And after you follow safety tip #1, make sure you obey all safety and traffic laws.

Originally posted at InjuryBoard by Paul Ford

What do I do After I Have been Involved in a Car Accident?

Paul Ford — Fri, 20 Mar 2009 15:16:43 GMT

In 2006, government statistics revealed that an automobile accident occurs every 11 minutes. That is a stagering statistic. Because they happen so often, it only makes sense to know what to do if and when you are involved in one. This is particularly true in today's legal environment of advertising, direct mail solicitation, aggressive and hostile insurance tactics, or even worse, runners.

What is a runner? A runner is an individual working with an attorney and/or a doctor (this includes chiropractors) to run down new clients using unethical and, many times, illegal methods. In the information age in which we live, these folks obtain your information from the Accident Report that is prepared by the police agency responding to the accident. They then contact you in a "race" to get the new client.

But not only are certain lawyers and doctors racing to the new "client/patient" for their own financial gain, insurance companies are, likewise, "racing" to the scene in an effort to "assist" you. Do not be fooled. These insurance adjusters are looking out for the best interests of the insurance company, not yours.

So, what should I do? First and foremost, seek medical attention from a trusted source. Your local hospital or a doctor (including chiropractors) you already have a patient/doctor relationship with. The recent death of actress Natasha Richardson is a clear reminder that some injuries are much greater than they may seem at first.

Secondly, JUST SAY NO!! Say "NO" to recorded statements. DO NOT let anyone record your version of the facts before you have spoken to an attorney. And when choosing an attorney, I suggest you choose one based upon a referral or reputation....not advertising or solicitation letters.

And finally, check out this link on the InjuryBoard.com website on what to do after a car accident. You will find some very helpful information in this article.

Originally posted at InjuryBoard by Paul Ford

A Car Wreck with an Uninsured Driver: What do I do?

Paul Ford — Wed, 18 Mar 2009 17:03:03 GMT

More and more drivers do not have insurance. The law refers to these people as uninsured motorists. And being in a car wreck with such a motorist can be extremely damaging to you, beyond the injuries you may have suffered. So, how can you protect yourself?

First, you should have full coverage. Both uninsured and underinsured motorist coverage. Having minimum "liability only" coverage can cost you significantly. For example, you only have liability coverage and you are hit by a driver who ran a red light; then to make matters worse, this negligent driver does not have insurance. Because you had liability coverage only, there will be no insurance proceeds to repair your car, nor coverage for your injuries.

If you had uninsured motorist coverage, there would be coverage for both your car repair and any injuries you and/or your family may have suffered.

So, why have underinsured coverage? The State of Arkansas only requires a minimum of $25,000 in coverage per claim, $50,000 per occurrence. If that same driver that ran the red light only had the minimum coverage and you or a passenger were (unfortunatley) seriously injured, there may not be enough coverage to cover your medical bills, much less any lost wages or pain and suffering. By having underinsured coverage, you have provided extra coverage to protect you from these losses.

While it is my sincere hope that you are never involved in a car wreck, you may very well be in one some day...I sure have. And if that unfortunate event does in fact occur, not having sufficeint insurance coverage will only make it worse. So, protect yourself and your family and discuss these matters with your insurance agent. And I bet you will be surprised how little this very valuable and added coverage will cost.

Finally, when driving, be safe and buckle up!

Originally posted at InjuryBoard by Paul Ford

How to Exercise Safely and Avoid Bicycle Accidents

Paul Ford — Wed, 18 Mar 2009 16:13:13 GMT

This past summer saw two tragic incidents invloving pedestrians/cyclists and automobiles. To make matters worse, both tragedies could have been avoided by the pedestrian/cyclist taking appropriate measures for their own safety. Having been an avid cyclist for nearly 20 years, as well as completing two Ironman competitions, I understand the safety issues involved and hope to share some insight to avoid yet another tragedy.

Always obey the traffic laws when riding your bike. The law in Arkansas treats cyclists and motorists the same. Cyclist must obey all traffic signals/signs and yeild the right of way just as if they were driving their car. If riding before or near sunrise/sunset, you should always have a flashing red light. You can get one at any bike shop and they are inexpensive. One of the tragedies I spoke of involved a cyclist riding on a busy highway near major factories right before sunrise. He was not using a light of any kind and was hit by a truck. It nearly cost him his life. A simple plan could have prevented this.

1. Get a headlight. If you're riding at night, you should absolutely use a front headlight. It's required by law, anyway. Even for daytime riding, a bright white light that has a flashing mode can make you more visible to motorists who might otherwise Right Cross you. Look for the new LED headlights which last ten times as long on a set of batteries as old-style lights. And helmet- or head-mounted lights are the best, because then you can look directly at the driver to make sure they see your light.

A second recommendation is to avoid major highways, particularly during heavy traffic times. If you must use a major highway, use the shoulder of the road. If there is not a shoulder, simply avoid the highway....period. And above all, use a flashing red light.

The second tragedy did result in the death of an experienced runner who was struck by a car. Sad to say, but this could have been avoided by simply following a couple of simple rules. When running, and/or walking, the runner should go against traffic....or in other words, in the opposite direction. This allows you to see oncoming traffic. And if it appears that they don't see you, be prepared to simply take a step or two to the left to get out of the way. And this method is only necessary if there is no sidewalk available. By all means, if a sidewalk is available, use it!

To conclude, use common sense safety. Use a light. Use the sidewalk. Choose the route and time of day you excercise taking into consideration the amount of traffic and available lighting, whether by sunlight or artificial light. In the early morning or in the evening, consider the impact of the rising or setting sun on the driver's ability to see. For example, don't ride directly into the rising sun as a driver may be blinded by the sun and not see you on the road. And last but not least, when on your bike, wear a helmet.....More on that subject to come!

Originally posted at InjuryBoard by Paul Ford

Underride: An Unknown Danger

Paul Ford — Fri, 16 Jan 2009 12:16:47 GMT

As we drive the highways of our state and nation, we come into contact over and over again with a great danger....vehicle underride. I am referring to the danger posed by tractor-trailers by the lack of underride protection. Underride is the common name in the legal arena to describe when a passenger vehicle crashes into a tractor-trailer and, due to the height of the "car" and the "trailer" , the passenger vehicle is crushed under the trailer.

The resulting damages are always serious and many times fatal because their is insufficient protection to prevent impact in the passenger compartment. Countless dollars are invested in safety design by automakers to protect us inside the passenger compartment. The progress in safety has been tremendous. However, it is based upon bumper heights of vehicles. Not when vehicles come into contact with tractor trailers whose side rails have no bumper or guard whatsoever.

The danger of underride collisions has been known for years. Yet only recently have the safety regulations applicable to tractor trailers addressed this serious problem. And unfortunately, the regulations only address part of the known problem. Current federal regulations require trailers to be equipped with a REAR underride guard. They act much like a bumper to prevent rear underride collisions.

Yet, despite the advance in regulations and safety design, the problem still exists. Although design technology allows for side underride guards, federal regulations do not require them. These guards are in use in other parts of the world, including Europe and parts of South America. Tragically, trucking companies and the manufacturers of the trailers know of the dangers, and because they are not required to install them by federal regulation, they chose not to implement them.

Further advancements in regulations need to be made part of the public discourse. Safety devices should be implemented when available at a reasonable cost and without compromising the overall effectiveness and safety of the transportation industry. Moreover, additional regulations need to be implemented regarding reflectors and reflective tape to improve overall visibility of these traveling dangers. More on that subject to come!

Originally posted at InjuryBoard by Paul Ford

Can I Afford To Have An Attorney Represent Me?

Frank Bailey — Mon, 28 Jul 2008 13:38:39 GMT

Attorney’s contingent fee agreements have recently been under attack by large multinational corporations and the insurance industry. It is important that victims of personal injury understand why an attorney that works on a contingent fee may be their only hope for receiving fair compensation for their injuries.

What is a contingent fee agreement? Attorneys know that people who have been injured are usually unable to pay an attorney by the hour to represent them, much less pay an attorney in advance. So, attorneys that represent victims of personal injury usually will agree to represent the injured person for a contingent fee. That means the attorney does not get paid unless there is a recovery from the wrongdoer or his insurance company. If there is a recovery the attorney is paid a percentage of the amount recovered. If there is no recovery, the attorney is not paid. It is that simple.

This arrangement allows an injured victim to hire well qualified legal representation, but not have to pay upfront costs. Attorneys who work on this type of arrangement are selective about the cases they accept. Obviously, if there is no chance of a recovery, there is no chance the attorney will be paid, and the attorney will usually decline the case.

The percentage charged usually depends on the perceived difficulty of the representation, the amount of costs the attorney anticipates having to advance, and the amount expected to be recovered.

If you have been injured and are seeking legal representation, InjuryBoard.com can put you in contact with an attorney who will be glad to talk to you about your rights, and usually will be willing to work on a contingent fee agreement.

Originally posted at InjuryBoard by Frank Bailey

State Senator Urging Extension for Rule on Roof-Crush

Drew Dixon — Mon, 23 Jun 2008 13:10:21 GMT

Each year more than 10,000 people are killed in rollover crashes making roof safety standards important. However, roof safety standards have not be revised in more than three decades. In a recent press release, Mark Pryor, the Chairman of the Subcommittee on Automobile Safety, Consumer Affairs and Insurance, stated that he would like to see a smart standard for all vehicles.

Senator Pryor held an oversight hearing earlier this month, in which the committee reviewed the traffic safety administration's progress on the rule making and public hearing process. Following the meeting Senator Pryor sent a letter encouraging U.S. Transportation Secretary Mary Peters, to extend the current deadline for the National Highway Traffic Safety Administration's proposed rule on vehicle roof strength.

In his letter Senator Pryor stated, "NHTSA should take all needed time to get this rule making right. Most importantly, the NHTSA should remove preemption provisions to ensure that vehicle manufacturers do not receive total immunity from claims brought by vehicle purchasers and users."

I praise Senator Pryor on his decision to give the NHTSA more time because making sure the rule is right the first time will ultimately save more lives.

Originally posted at InjuryBoard by Drew Dixon

Are Hands-Free Better Than Hand-Held Cell Phones In Preventing Accidents

Frank Bailey — Sun, 15 Jun 2008 13:11:13 GMT

Most people agree that cell phone use increases the risk of accidents. But, is there a difference between hands-free and hand-held?

In a recent study, a branch of the Brookings Institute found there was no real difference. What does this mean to the average driver? Don't use your cell phone when driving unless it is important...necessary...can't wait.

As a trial lawyer when a new case comes into the office, one of the first things I do is find out if the driver who caused the accident was talking on a cell phone. This is an extremely important piece of evidence. In our office, we believe, cell phone use and driving could be the basis for punitive damages. After all, if you can get punitive damages for DWI why aren't you entitled to punitive damages for DWT (driving while talking).

Originally posted at InjuryBoard by Frank Bailey

Cell Phones and Driving Don't Mis

Frank Bailey — Sat, 10 May 2008 17:18:32 GMT

Cell-phones are everywhere. It is common practice now for lawyers to ask about cell-phone use during an accident. Studies overwhelmingly show that talking on a cell-phone while driving increases the risk of having an accident multiple times.

When drivers use a cell-phone, they are taking their minds off the road and thinking about what is being said on the cell-phone. I wonder how many accidents are caused each year by an inattentive driver.

An attorney can easily access cell-phone records to determine if the driver of the vehicle that crossed the center line or pulled in front of oncoming traffic was talking on the cell-phone at the time of the wreck. Interrogatories and requests for production of the cell phone bill will show whether or not the driver was using the cell-phone at the time of the wreck.

If driving while intoxicated merits punitive damages, why shouldn’t driving while impaired by using a cell-phone merit punitive damages? I think with all the studies showing how cell- phones impair drivers; this is an area of the law that we may see expanding in the next few years.

Originally posted at InjuryBoard by Frank Bailey