Mar 20 2013

The Role of Accident Reconstruction in Personal Injury Claims

reconstruction of accidentAccidents can happen within a blink of an eye; however, comprehending why or how it transpired can take days, weeks and even months of careful scientific investigation. It requires meticulous collection of evidence, as well as collating and analyzing relevant data.

Frequently Asked Questions Related to Accident Reconstruction in Personal Injury Claims

1. What is Accident Reconstruction?

Accident reconstruction is a scientific process. It involves an in-depth investigation and analysis of an accident in order to draw conclusions about its cause as well as the events that occurred during the collision.

Accident reconstruction engineers scrutinize everything that is related to a case. They help clients to be aware of the real causes and possible countermeasures of the accident.
Services utilized in accident reconstruction may include analysis of human factors, transportation engineering factors, understanding vehicle types, traffic signal analysis, and temporary traffic control.

2. How Can Accident Reconstruction Help Your Case?

There are two ways in which accident reconstruction may help your case. One, it establishes the main cause and contributory factors that can help pinpoint who should be held legally accountable for the aggrieved party’s injuries. If you are the complainant, the burden of proof in a personal injury case lies with you. With the aid of accident reconstruction, you should be able to prove that the defendant is at fault and has acted neglectfully or purposely to harm you.
Two, all parties (the defendant, the complainant, the judge, and the jury) will have a clearer picture of what happened during the accident. It will show what the victim underwent, and how his injuries were inflicted. This may be instrumental in establishing the validity of the claim.

3. Who Can Help You with Your Personal Injury Claim?

Since personal injury claims often involve legal action, complainants are better off if they hire a lawyer before they seek the services of an accident reconstruction company. Their personal injury lawyer will represent them, help them prepare for trial, and present their accident reconstruction in court.

4. How is Accident Reconstruction Done?

Three steps need to be taken when one is performing an accident reconstruction. Step 1 is completing an in-depth investigation. This will usually include taking photos and videos at the scene of the accident, checking physical evidence, going over police reports and asking questions to witnesses.

Step 2 is evaluating all the collected information and reconstructing the event. Accident reconstruction experts are able to input the data they collected into their computers and recreate the event. This is due to the creation of highly advanced technologies in computers and computer software.

The last step is presenting the findings based on the reconstruction. This may be done by writing a detailed explanation on how the investigation was done, how the accident was analyzed and how the experts came up with their conclusions. Documentation may also include diagrams, photographs and a video presentation of the simulation to show what transpired during the accident. The presentation is done in an easy-to-understand manner so that even those who have no technical know-how are able to understand it.


Sep 20 2012

Car Crashes Into Local Home After Striking 13-Year-Old on Bike

A former middle school principal has been arrested in Lealman, Florida following a crime spree that included strike a 13-year-old boy with his car and driving his vehicle into a private residence.

Once a highly respected Tampa educator, Anthony Giancola had been reportedly struggling in recent years with an addiction to crack cocaine that had brought his career to an end. In late June, Giancola appears to have gone on a dramatic rampage that involving multiple assaults and injuring five individuals with his car.

After assaulting a married couple that ran a nearby hotel, Giancola reportedly asked residents sitting on the porch of a home in Pinellas Park where he could find women from the seat of his car. After being asked to leave, Giancola returned and crashed his maroon Ford sedan into the porch, injury a man and three women.

Earlier that morning, Giancola appears to have intentionally attempted to run over a local 13-year-old boy by the name of Kole Price. Price was returning home on his bicycle from a morning spent fishing with his grandfather when he was struck by the Ford. Giancola allegedly hit Price again with his car before he was able to find safety hiding behind a telephone pole. The boy was not seriously injured in the incident.

Formerly known as “Mr. G.” by his students, police are at a loss to explain what may have overcome Giancola that day.

“There’s no nexus,” said Pinellas County Sheriff Bob Gualtieri in a statement to the media, “No connection between the suspect and the victims as we know it.”

Sources:

http://www.abcactionnews.com/dpp/news/region_pinellas/child-injured-after-car-crashes-into-house
http://www.sfgate.com/news/article/Once-popular-Fla-principal-accused-in-rampage-3656024.php
http://www.tampabay.com/news/investigators-on-scene-of-a-fatal-stabbing-in-lealman/1236728


Sep 16 2012

Pedestrian Killed in Largo Car Accdent

A local resident was killed Sunday in a Largo car accident involving a Ford Taurus and a pedestrian on Seminole Boulevard.

Shortly before 8:00 pm, 56-year-old Michael Patrick Bain of Largo, Florida was attempting to cross Seminole Boulevard at the corner of 110th Avenue when he was struck by a car. He was approaching from the east and heading west across the street when the accident occurred. According to a spokesperson from the Florida Highway Patrol, Thomas R. Lardani, 71, was traveling south on the boulevard when Bain stepped into the path of his 1997 Ford Taurus.

Bain sustained serious injuries in the car accident and was transported to Largo Medical Center. He later passed away due to the severity of his injuries, according to a report released by the police department. Lardani was not severely injured in the collision but did sustain minor injuries.

Although the Largo car accident is still under investigation by the Florida Highway Patrol, the driver has not been charged with any wrongdoing regarding the incident.

Sources:

http://largo.patch.com/articles/largo-pedestrian-killed-crossing-seminole-boulevard
http://www2.tbo.com/news/news/2012/jul/02/pedestrian-struck-by-car-killed-in-largo-ar-422910/
http://www.tbnweekly.com/pubs/largo_leader/content_articles/070212_lle-01.txt


Sep 13 2012

Retired Largo Biker Killed in Hernando County Motorcycle Accident

Friends and family members are mourning a Largo grandmother who was recently killed at the age of 71 in a local motorcycle accident.

Lu Hadderman was riding as a passenger on a blue BMW motorcycle with Clearwater resident George Talcott heading south on US 41 when the fatal collision occurred. While making their way through northern Hernando County, a 2006 Chrysler entering the highway from Lake Lindsey Road crashed into the pair.

Talcott, 75, was severely injured in the motorcycle accident and transported to Bayonet Point Hospital for treatment. Hadderman was also treated for serious injuries but passed away in a matter of hours due to the severity of her injuries.

According to statements that Hadderman’s family made to the press, motorcycles had always played a big role in her life. Her youngest son began riding a dirt bike at the age of eight, and she had enjoyed riding with Talcott frequently during the last two years. Hadderman had lost both an adult nephew and a fiance to separate motorcycle accidents over the course of her life.

The Chrysler that struck Hadderman and Talcott was driven by Richard Miller. His vehicle also struck a 2003 Chevy Tahoe driven by Christine Zoucha in a head-on collision, but no one was seriously injured in the accident.

Sources:

http://www.tampabay.com/news/publicsafety/accidents/71-year-old-largo-biker-killed-in-crash-loved-motorcycles/1236963
http://www.florida-injury-attorneys-blog.com/2012/06/lu-haddeman-killed-in-brookesv.html


Sep 10 2012

Family Angered by Closing of Fatal Brooksville Car Accident Case

Family members of a pedestrian who was killed in a Brooksville car accident are outraged that no criminal charges have been filed against the driver behind the wheel of the vehicle that struck and killed 73-year old Josefa Rodriguez.

During the morning hours of July 28, Rodriguez was walking south using a crosswalk at the intersection of Aerial Way and Spring Hill Drive. According to a traffic homicide investigator, James Paul Conaty was traveling at a speed of approximately 45 mph when he ran a red light at the intersection and struck Rodriguez.

Rodgriguez was killed by the force of the collision. Conaty was seriously injured and had to be transported by air to a local hospital. Although authorities had initially suspected that Conaty may have been under the influence of drugs at the time of the accident, they were unable to complete a reliable toxicology screening on the driver.

Investigators were unable to make this determination due to the fact that Conaty was administered medication by emergency responders following the accident, and this medication could have mixed with certain recreational substances that may have been in his system. As a result, investigators concluded that Conaty could not be charged with manslaughter related to driving under the influence.

Conaty has previously served time in prison due to a DUI with bodily injury charge and been convicted of driving under the influence on two other occasions. His hearing for the citation of running a red light was held earlier this month.

Sources:

http://www2.tbo.com/news/news/2012/jun/21/hanewso1-pedestrians-family-angry-about-closed-cas-ar-418575/


Sep 6 2012

Drunk Driver Arrested Following Sarasota Car Accident

A resident of Sarasota has been arrested for driving under the influence as well as other charges after apparently causing a car accident on Main Street.

According to Sarasota Police, 48-year-old Jacqueline Lee Azevedo had more than than double the legal limit of alcohol in her system to be driving when a blood alcohol test was administered following the collision.

Azevdeo was allegedly heading east on Main Street in Sarasota, Florida when she shifted her vehicle into reverse and collided with a nearby vehicle. Following the collision, Azevedo abandoned the scene of the accident and pulled into a nearby parking garage.

When police officers arrived on the scene, they soon found Azevedo on the 3rd floor of the parking garage. Azevedo was taken into custody by officers at approximately midnight on Saturday.

After administering multiple breath tests at the jail, authorities determined that she had been driving with a blood alcohol level of 0.17. According to Florida state law, a driver is legally impaired if he or she has a blood alcohol level of 0.08 or higher.

According to police reports, Azevdeo was held on three charges related to the Sarasota car accident. These charges included a hit and run, DUI involving property damage and DUI with a blood alcohol level of 0.15 or higher.

Sources:

http://www.heraldtribune.com/article/20120611/BREAKING/120619927
http://sarasotamugshots.com/mug-shot/jacqueline-lee-azevedo/


Dec 17 2010

Explaining the Thin Skull Rule in Personal Injury Accident Cases

Personal injury accident cases can be somewhat complex depending on the particular circumstances of the case. In some instances, a victim, or plaintiff, may have a pre-existing medical condition that can compound the injuries they’ve sustained as a result of an injury accident. The thin skull rule exists for the benefit of such injured plaintiffs. Corpus Christi injury attorney Michael Grossman helps to explain this rule in the following informational article.

The thin skull rule is a unique legal term that is brought into play when a victim with a pre-existing medical condition has been injured by the negligence of another party. In such instances, the defendant will still be held responsible for the victim’s injuries, even if those injuries are more extensive because of the victim’s prior medical condition. The rule is applied regardless of whether or not the defendant knew about the plaintiff’s prior medical condition. The rule requires, essentially, that a defendant takes a plaintiff “as they find them,” which ensures that a defendant cannot rely upon the plaintiff’s susceptibility to injury as a way to refuse their own liability for the injury.

Many victims in personal injury accident cases that have prior existing medical conditions are often unaware of the existence of the thin skull rule. This can sometimes mean that these particular plaintiffs are reticent to pursue legal action since they mistakenly believe that they’re likely not able to recover compensation due to their pre-existing conditions. Simply because a pre-existing medical condition causes a plaintiff’s injuries to be more severe does not mean that the person is less likely to receive compensation as a result. An experienced attorney, like a Midland injury lawyer, understands the thin skull rule and can use such a rule to help a victim seek proper compensation for their injury. If you or someone you know happens to be in such a situation, they are encouraged to contact a legal professional, like Fort Worth personal injury lawyer Michael Grossman,  in order to learn more about the thin skull rule and how it might apply to that particular personal injury accident case.


Apr 28 2010

OSHA Regulations on Construction Accidents

*A list of employees’ rights and employers’ responsibilities

*Basic rules on worker safety in the construction industry

As one of the most common sources of workplace injuries, construction accidents are among the main concerns of the Occupational Safety and Health Administration (OSHA). The OSHA, created by the Occupational Safety and Health Act of 1970, gives certain rights and responsibilities to workers and employers alike, and ensures that proper compensation is given to construction accident victims. This article provides a list of employees’ rights and employers’ obligations concerning construction accidents under this act. For more information you can check out these Dallas accident FAQs

Employee rights

These rights are meant to protect employees from working hazards and ensure that they are given safe working environments. Some of the main rights include:

-Access to workplace safety information. Construction workers have the right to get copies of standards and regulations governing their field of work. These materials should be available in the workplace at all times, and ideally given to employees as soon as they get signed on.

-Access to medical records. Before hiring a worker, most companies will require a medical report ensuring that a person is fit for the kind of work involved. Workers should be able to retrieve and review these records as needed, whether or not there was an accident.

-Requests for inspection. If a worker finds a potential work hazard or suspects a violation of standards, he or she has the right to contact the OSHA and request an inspection. Usually, a compliance officer from the OSHA will come to inspect the premises a few days after the request.

-Anonymity. Workers who file complaints or request investigations can choose to keep their names hidden from the employer to avoid retaliatory or discriminatory action. This is done by simply requesting anonymity from the OSHA representatives concerned.

Employer responsibilities

Much of a worker’s safety depends on the employer’s management, and the OSHA works to make sure they comply with state and federal standards. Among other things, employers are required to:

-Keep the workplace free from safety and health hazards at all times;

-Inform its workers of relevant safety and health regulations;

-Display the official OSHA rights and responsibilities poster in a prominent place;

-Implement an efficient communication program to manage workplace hazard (e.g. container labeling, data sheets on commonly handled materials, training programs); and

-Inform workers upon hiring that their medical records are available for retrieval and review.

This article is not intended as legal advice.


Mar 4 2010

Hearing Impairment

An individual’s hearing sensitivity is measured by the quietest sound that the person can detect – this is known as the hearing threshold. A behavioral audiogram can be used to accurately measure that threshold in humans (and in some animals). This process involves recording the quietest sound that elicits a response from the listener, on a consistent basis. Different frequencies are used for these sounds while recording the responses. Another hearing test involves electro-physiological responses that don’t require behavioral responses.

With regards to various animal species, normal hearing thresholds are not the same for every frequency. When sounds are played at different frequencies, and at the same amplitude, some of those sounds will heard as a loud noise, some will be perceived as quiet and some will hardly be recognized at all. However, for those frequencies that are barely perceived, increasing the amplitude will make them more audible. In general, the frequencies that are used for communication within the species (as in “speech” – for humans) are the most audible for that species. This fine tuning of hearing will appear at many different levels of the auditory system. This will also include the ear’s physical characteristics and the nerves and tracts of the auditory system which will convey impulses to the portion of the brain that decodes them.

When an individual is unable to exhibit sensitivity to sounds that are normally perceived by its kind – that individual is described as being hearing impaired. For humans, this term normally refers to those who are insensitive to sounds in the frequencies that speech is heard. The severity of this condition is measured in terms of how much louder (increased amplitude) the sound must be, before the sound is recognized. In cases of profound deafness, no level of sound amplitude will be heard.

The quality of a sound, as opposed to its amplitude, is another characteristic of hearing. For humans, this is measured by “speech discrimination” tests. These tests will require that the subject not only hears the sound, but understands it, as well. There are some very rare forms of hearing disorders that will only affect this aspect of hearing.

Please note that this article is for informational purposes only and is not intended as legal advice.

Hearing Impairment can sometimes interfere with a productive lifestyle. For further information, contact Social Security disability lawyer Gerard Lynch, regarding SSI/SSD claims in Galveston and other Texas cities.


Feb 26 2010

The Invisible Consequences of Traumatic Brain Injury

One of the most life-threatening bodily harms that can come to people is traumatic brain injury. This is a sudden, physical trauma to the brain acquired non-congenitally, through external force often typified in various catastrophic accidents and violence.  While the dangerous condition of a person suffering from an open head injury is readily perceptible, the consequences of closed head injuries are not. Nevertheless, all traumatic brain injuries often lead to an array of possible consequences that can persist throughout a person’s lifetime.

Primary and Secondary Injuries

Traumatic brain injuries are classified into primary and secondary types.

Primary injuries are those that directly occur at the moment of trauma. These include contusions, blood vessel damage, and axonal shearing where the long ends of brain cells are stretched and torn. In primary injuries, brain cells and tissues may deform and die, drastically altering brain function.

Secondary injuries are indirect results of the trauma, usually as results of complex cellular processes and biochemical cascades initiated by primary injuries. These injury aftershocks can damage areas previously unharmed in the initial trauma and occurs minutes to days after sustaining injury. Secondary injuries include reduced blood and oxygen flow to the brain, low blood pressure, edema or swelling of the brain, and raised pressure within the skull, all of which substantially likely to have further serious effects on the brain, the body, overall body function, and even on the life of the injured person itself.

Signs and Symptoms

While all these injuries can occur, they may not be readily apparent, invisible dangers that can sometimes elude even sophisticated medical technology. Nevertheless, there are physical signs and symptoms to look for to help confirm brain injury. Unconsciousness is one common sign. Other symptoms include dizziness, difficulty balancing, nausea, vomiting, blurred vision, unequal pupil size, ringing in the ears, and a bad taste in the mouth among others. Cognitive and emotional symptoms include changes in mood and behavior, and problems with memory, concentration, and thinking.

While traumatic brain injuries can be mild and do not cause permanent or long-term disability, all severity levels of traumatic brain injuries have the potential to cause significant, long-lasting disability that can affect overall quality of life.

Additional legal site: Personal Injury Lawyer Elan Wurtzel. Providing legal assistance in the Long Island area.

This article is intended to provide only general information on the topic and not as legal advice.