The Bird’s the Word, But it Could Cost You

June 19th, 2013

tweetdriving The Bird’s the Word, But it Could Cost YouFirst they outlawed driving while on the phone, then texting and driving, now tweeting and driving?  Louisiana lawmakers are now amongst the first to attempt stopping the use of social media while driving.  The proposed legislation would “prohibit any device from being used to access, read, or post to a social networking site while operating a motor vehicle.”[1] Those caught violating this law could face fines upwards of $500.

 

The push to curb distracted driving comes with strong support.  Lawmakers are taking the necessary steps to ultimately eliminate the use of phones without the use of hands-free technology while driving.  Increasingly, hands-free technologies are experiencing exponential development and growth.  Tech companies like Apple and Google are heavily invested in the development of speech recognition software.  Today more than ever, drivers have much easier, safer ways of communicating while on the road.  Always use hands free technology when available.  Siri, can you tweet “OMG, this ticket costs how much!”

 

Next time you have the insatiable urge to tweet while driving, remember that 140 characters or less could end up costing you 140 dollars or more.

Most Common Reasons Motorcycle Accidents Occur

June 14th, 2013

moto accident1 Most Common Reasons Motorcycle Accidents OccurWhile riding motorcycles may be fun and convenient, offering riders more freedom between them, nature, and the road ahead, there are also more risks associated with them than other vehicles. In fact, there are approximately 104,000 motorcycle accidents every year[1], most of which transpire because riders are unaware of the common causes of accidents. The best way to enjoy your ride is to understand the potential threats and proactively take steps to mitigate them.

 

Below are five dangerous situations that riders should be cognizant of:

 

  1. Other vehicles cannot see the motorcyclist: Maximize your visibility by wearing light-reflective clothing and ensure that your bike’s lights are always on.
  2. Other motorists make a left-hand turn: This most commonly happens when a motorcycle is driving straight and another vehicle makes a left-hand turn through an intersection. The likelihood and severity of a motorcyclist’s injury in this situation is high, so it’s imperative that proper safety apparel and gear is worn.
  3. Reckless, impaired, or distracted driving: No matter what vehicle a driver is responsible for operating, it is never okay to drive under the influence, distracted, or recklessly. Doing so puts you and others in grave danger.
  4. Road hazards: Potholes, grooved or uneven pavement, and debris on the road may not affect other vehicles but it may be the cause of a potentially fatal accident for motorcyclists. Drivers should be constantly aware of their surroundings and the road that lies ahead to better prepare themselves for changes in their driving conditions.
  5. Motorcycle lane splitting: This dangerous maneuver occurs when motorcycles drive between other cars and in breakdown lanes due to traffic jams or slowed traffic. Serious injuries can happen because other drivers do not anticipate oncoming motorcyclists, they are in extremely close proximity to other vehicles, and the slower speed of the bike makes it harder to maneuver.

 

Any vehicle can be potentially dangerous. The likelihood of trouble is dependent on how you operate the vehicle, how aware of your surroundings you are, and knowing how to avoid common causes of accidents. However, when an accident does happen, it’s important to know your options. To protect your right to make a claim for injuries that occur as a result of a motorcycle accident, call the law firm of Martin, Harding & Mazzotti, LLP ® at 1800LAW1010 ® (1.800.529.1010) or click here to email us.

 

Head and Brain Injuries: Safety Tips to Help Keep Your Kids Safe

June 7th, 2013
trampinj Head and Brain Injuries: Safety Tips to Help Keep Your Kids SafeWith the weather getting warmer, kids are turning to outdoor activities to keep them occupied. While most parents will be relieved that their children will be out of the house and taking a temporary break from electronics, participating in physical activities leaves room for potential injuries.

Can you think of a kid who doesn’t love to jump and bounce? Two favorite warmer weather adventures that children appreciate most are the trampoline and bouncy house. While these activities can provide hours of fun and exercise, they also pose a threat to both the brain and head. A December 2012 study conducted by Pediatrics magazine stated, “1 in 5 injuries were caused to the head and neck” 1, and “30 children every day are treated in the emergency room for head injuries, including concussions” 2 due to bouncy house related injuries. Although safety features of trampolines have increased throughout the years, these shocking statistics prove that parents and guardians cannot be too cautious when it comes to protecting children in their care from potential accidents.

Consider these simple tips to keep your little ones safe:

1. Limit the number of bouncers at a time. Ideally, the trampoline should be enjoyed by one child at a time.

2. In addition to setting a lower entry limit, there should also be a “no touch” policy. Encourage kids to keep distance between themselves and others.

3. Empty pockets of anything loose and remove any potentially sharp items (jewelry, sunglasses, etc.)

4. Ensure the trampoline has adequate padding and is set to the lowest acceptable height; follow all use and insurance guidelines.

5. Set age limits. Unfortunately, trampolines and bouncy houses are not suitable for all ages. For the safety of younger children in particular, it’s best not to let them bounce with the older kids.

6. Parental guidance is a must! While these are kids activities, parents are still needed to monitor that rules are being followed.

The warmer weather brings with it endless possibilities for children to have fun, however, to make the most of summer activities, safety must come first. With these simple precautions, trampolines and bouncy houses can remain one of the trademarks of summer fun!

What’s My Injury Worth?

May 24th, 2013

Injury Worth What’s My Injury Worth?

If you’ve been injured from an accident and are subsequently considering filing a lawsuit, you’re likely wondering what your injury is really worth. Unsurprisingly, there is no straightforward answer – no simple equation that can provide an exact dollar sum.  That being said, a better understanding of the terminology and variables involved may help you determine if your injury, and the circumstances surrounding it’s occurrence, are substantial enough to warrant further action.

Compensatory Damages: the idea here is that the plaintiff can be provided a monetary amount that will essentially revert the damage or “make them whole” again. Such funds are strictly designed to replace what was lost.  Common personal injury compensatory damages include:

  • Cost for medical treatment
  • Lost income
  • Pain and suffering
  • Loss of consortium (negative impact on relationship with spouse)
  • Property loss

Punitive Damages: in such cases, the defendant’s actions are viewed as overtly dangerous or careless and, consequently, they can be forced to provide additional monetary gain to the plaintiff as a means of punishment. Punitive damages go above and beyond compensatory damages, although New York, Vermont and Massachusetts all have caps in place for such actions.

It’s important to remember that if you’ve experienced a serious injury and feel that a lawsuit may be appropriate, it’s important to contact a personal injury lawyer with experience in handling your injury.

Just as doctors warn against self-diagnosing, we also caution against deciding your potential eligibility for damages without consultation.  When potential plaintiffs do so, they frequently ignore their own role in the situation.  They may also engage in post-accident behavior that further reduces their award potential. By deferring to a professional, the injured party can more effectively determine the best possibility for compensation.

 

Google Glass: Safe for Use?

May 16th, 2013


google glass fashion hd 1 Google Glass: Safe for Use?
Google has done it again. The revolutionary company that brought you arguably the best search engine and owns YouTube is now unveiling its newest, innovative computerized feature yet: Google Glass. For those who don’t know, Google Glass is a wearable computer (as “glasses”) that streams social media, email, messages, calls, etc. Although this product is cool and cutting edge, how safe is it?

Currently, one of the biggest causes of accidents while driving is cell phone use. In fact, a study found in 2011 that 3,331 people were killed, and 387,000 were injured in crashes caused by a distracted driver. [1] Additionally, in 2012, 60,000 people were injured in vehicle-pedestrian accidents and 4,000 people were killed. [2] Clearly, preoccupied drivers aren’t the only ones at risk.

Like zombies walking aimlessly and nearly blindly due to “multi-tasking” with smart phones, these individuals are putting themselves and others in danger every day and with every step just so they can stay current with the latest updates. With chilling statistics such as these, people are left to ask, “Will Google Glass only add to the problem?”

Some states aren’t waiting for accidents to happen to fuel new laws and restrictions. The West Virginia Legislature has already proposed a law to ban the use a “wearable computer with head mounted display.” Gary G. Howell, a Republican member of the Legislature in support of the ban said “…We heard of so many crashes caused by texting and driving, most involving our youngest drivers. I see the Google Glass as an extension.” In a response to the growing safety concerns, Google stated that they are “putting a lot of thought into the design of Glass because new technologies always raise new issues. We actually believe there is tremendous potential to improve safety on our roads and reduce accidents.”[3] In addition to investing in new technologies, Google’s advertising campaign deflects from accidents potentially caused while wearing Google Glass by showing how this product is simply a human addition.

Ultimately it is up to the consumer to both purchase the product and regulate how they use it. Laws, bans, and restrictions can only go so far to protect the welfare of individuals. All users, no matter the device, must be accountable for their actions. With great technology, comes great responsibility; advancements such as Google Glass were bound to happen now, or later; innovation is coming – operating responsibly is key.