Tuesday, March 21, 2017

NHTSA Study Sheds Light on the Causes of Rear-End Accidents




We’ve all seen it--you’re driving down the road and, suddenly, traffic stops. You inch up a little further until you can see what’s going on. You see two vehicles; one that is relatively unharmed, and another, behind the first vehicle, that is crushed like a tin can. This is a rear-end accident--an accident when one vehicle, for whatever reason, is not able to stop in time and crashes into the vehicle in front of it.

There are about 1.7 million1 rear-end crashes on US roadways every year, in which 17,000 people die and 500,000 are injured. The National Highway Traffic Safety Administration (NHTSA) estimates2 that rear-end crashes account for 28% of all crashes on US roads.

Why are these numbers so high?

It is mostly because of distraction. Drivers easily become distracted when they are talking on the phone, texting, fiddling with the radio dial, or interacting with passengers. Rear-end crashes are such a major issue that the NHTSA is currently lobbying for forward crash collision technologies like Electronic Stability Control (ESC), pre-braking systems, and sensors to detect neighboring vehicles to come standard on all vehicles. The agency estimates that these kinds of technologies could eliminate about 80% of the injuries and deaths that result from rear-end collisions.
Most Common Causes of Rear-End Accidents

NHTSA published a study in 2007 titled “Analyses of Rear-End Crashes and Near-Crashes in the 100-Car Naturalistic Driving Study to Support Rear-Signaling Countermeasure Development.”3 In it, the agency studied 100 cars in naturalistic driving conditions and collected crash and pre-crash data, such as the timing and location of where drivers were looking, the timing of accelerator release and brake application, and the drivers’ time and force modulation of the brake pedal. The goal was to gain a better understanding of driver behaviors that contribute to rear-end accidents. A few of the most common causes and the NHTSA’s findings are outlined below.

Driver Distraction

Distracted drivers are by far the most common cause of rear-end accidents. The study estimated that 87% of the rear-end crashes and near-crashes in the experiment were distraction-related. Further, 47% of drivers exhibited no discernable crash avoidance responses like braking, indicating that they were so distracted they were not aware a crash was imminent. Some of the most common secondary tasks the drivers were engaged in were eating, checking mirrors, daydreaming, and adjusting controls.

Following Too Closely

The study found that 59% of rear-end crashes involved a lead vehicle (the vehicle that was struck) that was stopped, while 22% involved decelerating lead vehicles. Interestingly, the study found that the majority of drivers in rear-end crashes were not following too closely. Rather, the study hypothesized that striking a stopped or decelerating vehicle was most likely a result of late detection of lead-vehicle braking.



Intersections

Rear-end crashes were much more likely to occur in junctions, including intersections and entrance/exit ramps, than on straight sections. Accidents in these areas accounted for 60% of all rear-end crashes.

Driver Sex and Age

As with most types of vehicle accidents, males were overrepresented in the crash results, with 61% of participants being male but accounting for 75% of rear-end crashes. This made males 1.2 times more likely to be involved in a rear-end crash than females. Age was also a factor, as drivers who were in the 25-34-year-old age range were almost twice as likely to be involved in a rear-end crash as other groups.

Contact a St. Petersburg, FL Car Accident Lawyer

If you’ve been injured in a rear-end accident and believe you may have a claim against the other driver, please contact the attorneys at the Dolman Law Group for a free consultation by calling 727-222-6922.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922





Friday, March 17, 2017

How Much Can You Recover in a Slip and Fall Accident?



Chances are, you’ve slipped and fallen and hurt yourself at one point or another. Slips and falls are serious business. They are the leading cause of emergency room visits in the United States, accounting for 20% of all ER visits. They are also the leading cause of worker’s compensation claims. Each year, one out of every three people over the age of 65 will experience a fall, making slip and falls particularly dangerous for the elderly.

So what makes falls so dangerous? Depending on your age and physical health, falls can cause a number of issues, from scrapes and bruises to more serious injuries like broken bones, fractures, and head trauma. While doctors and hospitals can provide a remedy for the physical symptoms of a fall, the law also provides a remedy. If you slip and fall and are injured due to another person’s negligence, you may be entitled to recover damages.

Example of the Effects of a Slip and Fall

Let’s start with a hypothetical slip and fall to illustrate how a slip and fall case works. Let’s say that you pull up to your favorite shopping center to pop in and buy a few things. You go into a store and, as you are shopping, you decide to take a break and head to the restroom. While you’re walking to the restroom, your foot suddenly comes out from under you and you fall, fracturing your tailbone. It turns out that what caused your slip and fall was a pool of water on the floor that had come out of a nearby water fountain. Upon further investigation, it appears that this water fountain had been leaking for several days. The manager of the store was aware of the leak and that it was causing water to pool on the floor, but had not gotten around to having it fixed and had not installed a caution sign. Because of your fractured tailbone, you incurred several thousand dollars’ worth of medical bills and were forced to take a week off work to recuperate.

Do you have any recourse against the store? The answer in this situation is yes.
Slips, Falls, and Negligence
Slip and fall accidents are commonly the result of negligence, which requires a showing of four legal elements: duty, breach, causation, and damages.

Let’s take a look at each of these elements in light of your hypothetical case above to see if (and how much) you can recover.

Duty: A person who is invited to enter onto the premises of another person for a purpose that is connected with the business dealings of the owner of the property is known as an “invitee.” For invitees, the property owner must correct and warn of any dangerous conditions that the owner knows about but the visitor does not know about (or cannot discover through the use of reasonable care). A “dangerous condition” is one that must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party would not have anticipated under the

circumstances. So, in order to recover, you would have to show that the accident was caused by a dangerous condition on the property that the owner knew about that you did not know about. That would be very easy to show here since the water on the floor was a dangerous condition that the manager of the store had known about for several days, but of which you were unaware.

Breach: When dealing with dangerous conditions on real property, an owner’s breach can be shown through one of three ways: (1) The owner created the dangerous condition, (2) the owner knew the condition existed and negligently failed to correct it, or (3) the condition existed for such a length of time that the owner should have discovered and corrected it prior to the incident in question. In this case, the manager knew that water was pooling on the floor near the bathrooms but did nothing to fix it, nor did he take any steps to warn the store’s customers of the dangers. Therefore, it would be fairly simple to show that the owner breached his duty here.

Causation: Causation is also fairly easy to show here. The pool of water on the floor was the actual and proximate cause of your slip and subsequent fall—if there had been no water on the floor, you would not have slipped and fallen in that particular spot.

Damages: “Damages” in legal language refers to the monetary value of the injury you sustained. Because you incurred medical bills and were forced to take a week off of work, the money you paid for your treatment and the money you lost by not working are your damages.

Calculation of Damages
The goal of awarding damages in a personal injury suit is to make the plaintiff whole—that is, to put him or her in the same position he or she would have been in had the accident not occurred. Thus, the damages a court will award in a personal injury action are known as compensatory damages. Courts also have the authority to award punitive damages, but punitive damages are appropriate only where the conduct of the defendant has been especially malicious or intentional. Thus, they are not appropriate in tort actions based on negligence.

Some examples of compensatory damages in a slip and fall action include:

-Medical expenses
-Loss of earnings
-Loss of future earnings
-Loss of consortium
-Pain and suffering
-Emotional distress
-Disfigurement

Because these damages are compensatory, the actual dollar amount you could receive in a slip and fall action depends upon how seriously you were injured in the fall—the more severe your injury, the higher your damages award.

Owners and occupiers of real property owe visitors the duty to ensure that they are safe from harm and to warn them of potential dangers that are present on the property. If a dangerous condition exists on the property and the owner fails to correct it, he or she has breached this duty. If you are injured as a result of this breach and can show that your injuries were caused by the dangerous condition, you are entitled to recover damages from the owner. The amount of damages you are entitled to depends on the severity of your injuries, but, in all cases, damages in a personal injury case are designed to compensate you for your losses.

Contact a St. Petersburg, FL Slip and Fall Attorney for Help

If you've been injured in a slip and fall accident, please contact the attorneys at the Dolman Law Group for a free consultation by calling 727-222-6922.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Tuesday, March 7, 2017

Evidence in a St. Petersburg Motorcycle Accident Case




In many motorcycle accident cases, the cause of the accident is perfectly clear, such as when another driver blew through a stop sign or was obviously driving faster than the speed limit. When this is the case, liability1 is generally conceded by the at fault party and the case is very likely to settle.
In some cases, however, liability is not so clear, meaning that victims will need to gather evidence to establish fault on the party of the other driver or drivers. The information below is an overview of the kinds of evidence that may be relevant in your case and what you can do to improve your chances of recovering compensation. If you have any questions, call our office today to speak to a St. Petersburg motorcycle accident attorney.
Evidence You Can Gather at the Scene
Gathering evidence often starts at the scene of the accident. Of course, this is only the case if victims are physically able to do so, and you should never try and gather evidence at the scene of an accident in which you were involved if you are seriously injured. Always submit to an evaluation by emergency medical personnel and accept recommended treatment.
If you are able to stay and the scene and collect evidence, however, here are some of the things you should do:
  • Take photographs of the aftermath of the accident. Pay special attention to anything that may seem out of the ordinary, including damage to the other vehicles involved that may have existed before the accident and road defects. In addition, take photographs from multiple angles to give a sense of context and ensure that you collect as much evidence as possible.
  • Collect information from the other drivers, like their names, addresses, insurance information, and license plate numbers. In addition, try and collect obtain information from anyone who may have seen the accident happen.
  • Take notes. Document anything you think may have played a role in your accident. Examples of the kinds of facts of which to take note include the weather conditions at the time of the accident, whether the other drivers were acting in a way that may have suggested that they were drunk or on drugs, the time of day in which the accident occurred, and your immediate surroundings.

Your Attorney Will Gather Evidence on Your Behalf
Gathering evidence at the scene of an accident is usually just the tip of the iceberg when it comes to proving fault in a disputed accident case. As a result, it is important for victims to retain an attorney who is familiar with building a personal injury2 case and gather evidence is support of your claim. In some cases, finding evidence of negligence may require significant investigation and may even require issuing subpoenas to parties who do not want to hand over evidence that may be critical to your case. Some examples of the kinds of evidence that may be relevant in a motorcycle accident case include the following:

  • Vehicle maintenance records
  • Police reports
  • The results of drug and alcohol testing
  • Cell phone records
  • Medical records
  • Internal documents from the company that manufactured the vehicles involved
  • Surveillance footage

When you retain a lawyer, he or she will determine whether any of this type of evidence is necessary in your case and use a legal process known as “discovery” to compel other parties to obtain it.
Call a St. Petersburg Motorcycle Accident Attorney Today to Schedule a Free Consultation
If you have been injured in a motorcycle accident, it may be necessary to gather evidence indicating that the another person’s negligence was the cause of your accident. At the Dolman Law Group, our motorcycle accident lawyers have the experience required in a disputed motorcycle accident case and will review the circumstances surrounding your accident at no cost to you. To schedule a free case evaluation with one of motorcycle accident lawyers, call our office today at 727-222-6922 or contact us online.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Tuesday, February 21, 2017

Preventable Birth Injuries



Bringing home a bouncing new baby is one of the greatest joys that any parent can ever experience. When you are expecting your bundle of joy, you naturally put a lot of trust and faith in your doctor, who is responsible for helping you to bring your little one safely into this world. The vast majority of births go smoothly and mother and child both arrive home safely. But unfortunately, this is not always the case and injuries during the birth process do happen.

Common Causes

When birth injuries occur, they can cause extremely injurious circumstances for new and growing families. Birth injuries are different than birth defects - a birth defect is a health issue that is a result a child’s DNA or an illness, while a birth injury is the result of an outside factor that often could have been prevented. Many of the most preventable birth injuries are a result of medical error on the part of the doctor or another medical professional who is responsible for caring for or monitoring the mother and child. Some of the more common examples of medical errors that can lead to birth injuries include the following:

  • Use of improper and damaging twisting and/or pulling during delivery;
  • Improper and damaging use of birth-assistance apparatuses, such as forceps and vacuum extraction tools;
  • Improper and damaging administration of prenatal medications;
  • Failure to administer necessary infant monitoring (for such things as fetal heartbeat and mother and/or child distress) during delivery;
  • Failure to perform cesarean surgery (C-section) when necessary;
  • Failure to provide adequate prenatal counseling; and 
  • Failure to perform adequate prenatal testing.


Medical mistakes such as these can have serious and long-term consequences that are not only detrimental to your child’s health and your finances but that can also be emotionally devastating.

Types of Birth Injuries

Negligence on the part of a medical professional can lead to a variety of highly preventable birth injuries that can affect a child for weeks, months, or even for the rest of their life. Some of these conditions include:

Erb’s Palsy1 and accompanying arm difficulties;
Cerebral Palsy;
Brain injury due to trauma2 or oxygen deprivation;
Intellectual disabilities; and even

Wrongful death.

Giving birth should be a joyful occasion and a birth injury can send any young family into financial and emotional distress. If you or someone you care about has a child whom you believe suffered a birth injury, it is imperative that you engage the counsel of an experienced personal injury attorney who is skilled in birth injury cases.

Contact an Experienced Personal Injury Lawyer in the St. Petersburg Area Today

If you have a child with a birth injury in the St. Petersburg area, do not hesitate to call Dolman Law Group to discuss your legal rights and options as soon as possible. We are here to help families who have suffered losses due to medical malpractice and we have extensive experience with birth injury cases. Please call Dolman Law Group today at 727-222-6922 or contact us online for a free consultation.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922