Posted on

NEW JERSEY TURNPIKE ACCIDENT VICTIM NARROWLY ESCAPES DEATH

We have previously written that the New Jersey Turnpike is hot spot for serious crashes, including car and truck accidents. Factors like road construction only exacerbate the dangers already present from a high volume of traffic and dangerous drivers.

Yesterday, a commercial driver for a New Jersey company had his van destroyed on the Turnpike in an incident that was apparently caused by a nearby construction crew. Miraculously, he escaped relatively unscathed from a bizarre accident that easily could have been fatal.

The 63-year-old man was driving along the Turnpike in Mercer County at approximately 8 a.m. yesterday morning while a construction crane just off the highway was in the process of lifting a large piece of metal.

Suddenly, the metal beam swung into the line of traffic and smashed into the man’s Econoline van, completely taking off the vehicle’s roof, according to New Jersey State Police.

Amazingly, the man survived the accident. He did suffer injuries, including a broken thumb, cuts on his head that required stitches and cuts on his hand. His vehicle, however, was in much worse shape.

A tow-truck operator who responded to the accident said: “I can’t believe he walked away. I mean the entire passenger side and the roof were peeled off the van completely. It looks like a convertible.”

For now, the man and his family are simply celebrating the fact that he survived. However, attitudes may change as the incident is investigated. If the accident was caused by negligence on the part of the construction company or anyone else, the driver may be able to seek compensation for injuries and vehicle damage.

Posted on

Researchers create a formula to detect texting drivers

The dangers of texting while driving are now well known. Studies have shown that the level of impairment and distraction for a driver while texting is similar to that of an intoxicated driver. Reaction times are much too slow and we have seen countless car accidents caused by texting drivers. Regulators have struggled to create laws that act as an effective deterrent, although efforts in some states have had noticeable benefits.

Now, a physicist has found a way to stop the behavior at the source – the phone. Researchers have detected a pattern in finger movements for text messages being typed while driving. People apparently have more erratic typing motions while driving, much like someone stumbling while they walk.

Researchers have created an equation that predicts whether or not a phone user is driving that is 99 percent accurate. The equation would theoretically allow software developers to create an application that locks the phone or shuts it down if a user is driving and texting.

This is an exciting safety innovation and would help act as a deterrent to the dangerous behavior without necessary legal reform in every state. The physicist who developed the equation says that he thought of the idea when contemplating his daughter getting behind the wheel. He said that an application could help prevent accidents and help parents enforce safe driving habits for their teens.

It could also have applications in law enforcement, similar to the use of ignition interlocks for repeat DUI offenders. “Eventually you might see something like this required on the phones of distracted drivers who’ve been involved in accidents,” he said.

Posted on

INCOMPLETE EHRS MAY LEAD TO MEDICAL MALPRACTICE CLAIMS

The health care industry is a constantly changing field. New advances in science and technology have saved many lives. In an effort to provide more comprehensive treatment to patients, there has been a push for hospitals and patients to have an electronic health record (EHR) in place. These records would ideally provide all necessary information to medical professionals to enable them to provide better care for patients and reduce the amount of medical malpractice claims for missed medical problems.

Unfortunately, EHRs are not working as planned. A recent report by the Bipartisan Policy Center lists one of the major concerns with EHRs that New Jersey medical professionals need to know. Health care facilities have different types of computer systems, and this makes communication difficult. It may not be possible to transfer complete records back and forth between the different facilities.

This could cause uncertainty for medical professionals about the types of care that a patient has already received, and could also have a very negative impact on a patient in need of medical care. For example, if a patient needs to go to the emergency room, what happens if an incomplete list of medications is listed in the EHR? This could lead to potentially harmful side effects if the wrong drugs are used during treatment.

There may also be another reason why a health care provider may not want to receive a complete EHR. A patient’s record will list all the tests that he or she has already been administered, which would limit the amount of money that the hospital could collect.

The report states that one-third of all doctors are currently using EHRs, which shows a slight increase from 2010 numbers. While the focus seems to be on getting physicians to adopt the records, there is a lack of attention focused on better communication between facilities. Patient safety may be at risk if better data-sharing plans are not put in place.

Posted on

Philadelphia makes list of country’s worst drivers

Allstate Insurance Company recently took a look which metropolitan areas sport the worst drivers. Philadelphia residents are apparently more prone to truck accidents than much of the country. The city ranks high on the list.

The study was reportedly based on property damage claims from January 2008 and December 2009. Based on that information and adjusted for population, researchers determined how likely drivers were to get into a collision.

Washington D.C. is apparently not the place to live if you fear car accidents; it ranked number one on the list. Residents there are likely to get into a car accident once every 4.8 years. According to MSNBC, those drivers are 107.3 percent more likely to get into an accident than the average U.S. driver.

Other cities ranking at the top include Baltimore, Newark and Providence. Surprisingly, New York didn’t make the Top 10, and only ranked 20th. Drivers there were found to get into accidents on average once every 7.3 years. However, it should be noted that cab drivers were not taken into account.

The study found that the country’s safest drivers tend to live in smaller cities. Fort Collins, Colorado, ranks as the safest place for drivers. Those residents were found to get into accidents only one time every 14 years.

Other “safe” cities include Lincoln, Nebraska, and Boise, Idaho.
Even though there have been fewer collisions on average in recent years, car accidents still claim 32,000 lives in this country every year. That’s a scary statistic.

Posted on

Staff May Have Been Negligent In New Jersey Amusement Park Accident

Last month, we wrote about an accident at a New Jersey amusement park in which five visitors suffered injuries on a water ride. While riding the Gauley at the Mountain Creek amusement park, 11 people became trapped at the mouth of a tunnel, five of whom suffered scrapes and bruises requiring medical attention.

While Mountain Creek and its current owners seem to have a good safety record, that particular ride was left over from a previous amusement park on the same property that went bankrupt after a number of expensive and high profile personal injury lawsuits.

Further investigation into the incident reveals that not only is the 30-year-old Gauley unsafe, but also suggests that the current staff of Mountain Creek is ill prepared to respond to emergencies.

It was recently revealed that the accident occurred when the vinyl liner inside of a tunnel ripped apart. It ended up trapping 11 riders and causing injuries to five of them. Furthermore, the real hero responsible for coordinating the rescue of these trapped riders was not a member of the park’s staff, but rather an off-duty officer from the Bergen County Sherriff’s Department.

Upon observing the trapped riders, the off-duty officer first gave assistance to a 13-year-old boy and then went to alert the lifeguards about the situation. A report issued by the Department of Community Affairs explains that “The guards apparently at first did not comprehend the severity of the situation and did not react.”

One lifeguard finally did jump to the officer’s aid, and together they worked to free the riders trapped under the ripped lining. Meanwhile, it took other staff members approximately 20 minutes to shut off water to the ride. By this time, most victims had already been freed.

The officer’s actions were commendable, and it was incredibly fortunate that he happened to be there that day. However, the report of this incident casts serious doubts on the competency and training of the park’s staff, which should have been primarily responsible for the safety of guests.

Although injuries were minor in this case, things could have been a lot worse.

When customers suffer injuries because of a business’s unsafe property or negligent staff, they may wish to seek appropriate compensation through a premises liability lawsuit.

Posted on

Hit-and-run driver charged in fatal Pennsylvania car accident

In any hit-and-run accident, investigators must pursue all possible avenues to see if they can locate the culprit. Many times, however, victims of hit-and-run car accidents are left with the possibility of no one to hold accountable. When a wrongful death is involved, the scenario is even that much more difficult, because the deceased victim is unavailable to give any information as to who might be responsible for the accident.

In a recent Pennsylvania hit-and-run fatal car accident, the hit-and-run driver thought that he could get away with avoiding responsibility by claiming that his car was stolen. His report was filed just after his car was responsible for killing a 46-year-old woman in Wissinoming on Sept. 29.

The deceased victim was headed to work just before 7:00 a.m. All that police knew at that point was that the hit-and-run driver was driving a blue pickup truck with tinted windows.

Thankfully, within the hour, police located the truck nearby on the  River waterfront. The truck did have front-end damage consistent with the crash. At the same time, its owner, a 28-year-old man reported the vehicle stolen.

How did investigators locate the car involved in the hit-and-run accident? How did they figure out that the vehicle was not stolen and that the owner himself was responsible for the accident? These are the types of questions that investigators face whenever they are dealing with a hit-and-run accident.

Aside from facing criminal charges of vehicular homicide, involuntary manslaughter, Delray Beach DUI and making a false statement, this man will also possibly be facing a wrongful death lawsuit by family members on behalf of their loved one for her untimely death.

Posted on

Obtaining Professional Assistance

This book outlines your rights and gives you basic information about enforcing them. In many cases, exercising your legal rights is difficult because the applicable law and court procedures are complicated. You may need a lawyer or a nonprofit counselor to help you with enforcing many of your rights. You may also need help to apply material in this book to your particular situation.

An additional factor is that state instead of federal law governs many of your rights. These laws can vary substantially from state to state. You may need to get more information of the laws applicable to your state. We have tried to point this out whenever possible.

Hiring a Florida Consumer Lawyer. It can be difficult to get legal help when you do not have much money. A good place to start is any option in your area for free legal services. In most communities (or close by if you live in a rural area), there are organizations which provide free legal help to people whose income fall below certain amounts. Although Congress has unfortunately cut back on funding for these organizations, they continue to exist and should be sought out if you need help.

These organizations vary widely on the type of cases they handle. They also have strict income limits so that they are forced to turn away many cases. However, it can’t hurt to ask. If they can’t help you, they generally will make a referral to the appropriate legal organization (often called “bar association”), sometimes for free help from a private lawyer. They also may have special pamphlets or other helpful information on your state’s laws.

Posted on

Not guilty: DNA evidence clears wrongly convicted defendants

Can you imagine serving a prison sentence for a crime you didn’t commit? Dealing with overwhelming feelings of injustice and frustration as you continue to assert your innocence even though no one will listen, not even your trust DUI lawyer? The US legal system is far from infallible. Misleading evidence, false testimony, and social prejudice can all cause innocent people to be declared guilty by a jury of their peers.

A recent article from the Washington Post describes the extreme guilt which plagues one woman every day after her testimony in court helped send an innocent man to jail for 27 years. The woman endured a horrible ordeal when she was raped after arriving at the day care center where she worked. However, after DNA evidence proved that she accused the wrong man of assault, she realized that she was no longer the only victim in this crime.

Posted on

Car Accident Leaves Three Wisconsin Motorists Injured

truck accident involving a motorcycle over the weekend injured three Wisconsin motorists Saturday night in Sullivan, a town about 30 miles outside Milwaukee. The crash occurred around 7:30 p.m. on U.S. Highway 18, about a half mile west of Highland Drive.

According to recent news reports and the Jefferson County Sheriff’s Office, the crash occurred when a 1971 Chevrolet Corvette driven by Brain Hartig, of Waukesha, traveling eastbound on US 18 attempted to pass another vehicle by entering the westbound lane. While attempting the pass, Hartig’s Corvette struck the motorcycle of Timothy Thiel, of Jefferson.

Both Thiel and his female passenger, identified as Jody Orchel, of West Allis, were taken to Froedtert Memorial Lutheran Hospital in Milwaukee by Flight for Life, following the truck accident requiring a pittsburgh truck accident lawyer for one of the victims. According to authorities, neither Thiel nor Orchel were wearing a safety helmet while riding his Harley-Davidson motorcycle. Their current conditions have not been released to the public at this time.

 

 

Posted on

Kinds Of Consumer Law Services Available

A CONSUMER LAWYER in Florida currently offers a wide range of consulting services:

  • Brief consulting by telephone on legal issues and case strategy;
  • Analyzing loan/lease documents or other contracts for consumer law claims;
  • Conducting legal research with citations to the most recent case law in your jurisdiction;
  • Preparing expert affidavits (including availability of A CONSUMER LAWYER staff as trial witnesses or referrals to experts in your area);
  • Drafting or reviewing of discovery and pleadings in all phases of litigation from the initial complaint to appellate briefs.

HOW TO USE A CONSUMER LAWYER SERVICES
If we can help you represent a client, please call the Center, and ask or the intake attorney. Requests may also be made by mail or fax, and you should include the transaction documents and summary of any unusual facts. We will then contact with an estimate of our fee. Our services can often be provided on an expedited basis when necessary.

As a result of certain cy pres awards and funding grants, consultation remains free to legal aid and pro bono lawyers in Massachusetts, Illinois, and California, and elsewhere in cases involving pro bono representation of elderly consumers.

DISCLAIMER
A CONSUMER LAWYER’s consulting services are available only for attorney’s representing consumer clients. We do not provide case assistance directly to non-attorney consumers. By agreeing to a consulting arrangement, A CONSUMER LAWYER is not undertaking representation of your client and is not establishing any form of attorney/client relationship. A CONSUMER LAWYER does not provide any assurances regarding case outcomes and ultimate responsibility for the case remains with you.