Personal Injury: Accidents Involving Pedestrians

A car collision can cause severe physical injuries to the drivers involved and to the car’s other passengers (if there are any); imagine, however, the severity of harm it can cause pedestrians. Without anything to protect them from the forceful impact of an incoming vehicle, an accident will surely not leave a pedestrian unscathed: worst scenario is he/she may either suffer a severe injury or untimely death.

An article on the website of Habush Habush & Rottier S.C. ® airs the same concern, saying that the pedestrian will always be in the losing end; more so if the vehicle involved in the accident is an SUV or a truck as these vehicles’ bumpers can be higher than the pedestrian’s waist level [studies have shown that when a person is hit by a car (the bumper of which is below the person’s waist level), it would lift him/her onto the car’s hood; if the vehicle’s bumper is above the waist level, though, then the pedestrian can be thrown forward first and then possibly be run over by the vehicle].

Every year, around 70, 000 pedestrians figure in a car accident; about 4, 500 of these are fatal or end in death a few days after the accident. According to the National Safety Council, the greater majority of non-fatal pedestrian accidents happen in urban areas, where the volume of cars and pedestrian activities are always high. Fatal accidents, however, are more frequent in rural areas, where traffic is much lighter, allowing vehicles to run a greater speed; the absence of sidewalks, shoulders (as pedestrian facilities), paths and street lighting at nighttime (for greater visibility of pedestrians) also increase the risk of accidents.

Now, what makes pedestrian safety a concern for everyone? The fact that all Americans use streets and sidewalks longer and more often than driving their car. In fact, being a pedestrian is one thing that all Americans have in common. Besides walking, the description of a pedestrian also applies to joggers or to someone waiting for a cab or the bus at a street corner – it actually refers to anyone who is on foot.

To make streets safer for pedestrians and motorists, some car manufacturers have began introducing accident avoidance technologies in motor vehicles that will give drivers the needed capability to avoid crashing into anything or anyone. Among these modern safety features are the Forward Collision Warning system, the Pedestrian and Cyclist Detection with Full Auto Brake, and the Automatic Braking system. While there are features that simply slow down the vehicle to significantly reduce the force of impact (leaving the rest to the driver), there are systems that are capable of fully activating the brakes (without the need for driver input).

Accident avoidance technologies actually use car computers and sensors (radar, laser of video data) to detect any imminent collision with a pedestrian or another vehicle. Not all newly manufactured vehicles, however, are equipped with an accident avoidance technology, thus, one may consider choosing one (when purchasing a vehicle) that is equipped with a safety device.

A victim may be entitled to compensatory claims from the liable party/individual, but more often than not, however, it will be necessary to prove the other’s liability and support the injury with proper documents – a task that will definitely become easier and more orderly with the assistance of a personal injury attorney based in Santa Clarita.

Criminal Defense – Domestic Violence

The Violence Against Women Act (VAWA) was made into law by the US Congress in 1994. It gave the federal government the power to fight domestic violence, a problem of pandemic proportions in the US and around the world.

Based on the definition of the U. S. Office on Violence Against Women (OVW), domestic violence is a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner”. This abusive behavior can befall “anyone regardless of race, age, sexual orientation, religion, or gender”; it also takes different forms, including psychological, economic, emotional, verbal, sexual, and (the most common) physical abuse. (

Battering and abuses tend to worsen overtime, making the experience more traumatic and the effects, much longer lasting. Worst, even children suffer, by being directly harmed too and developing the attitude of tolerating violence or becoming violent as they become adults.

The legal remedies offered by the state and the federal government to battered individuals, however, have provided them hope, making them come to the open and break their silence. With the passing of the laws and making domestic violence (DV) a civil and/or criminal offense, many sexual assaults, stalking, dating violence, and domestic abuses have been prevented and perpetrators charged and convicted. Besides these, there have also been a 51% increase in domestic violence reports and 49.8% reduction in abuses and violent acts by intimate partners.

Criminal prosecution of those charged fall under assault and battery laws, menacing, harassment, or false imprisonment (a tort and a common-law felony due to the act of restraining a person in a restricted area without justification or consent).

Due to the severity of a domestic violence accusation, whether it is true or baseless, it will be wise for the accused to, first and foremost, obey any court order, including refraining from making any contacts with his/her accuser either directly or indirectly (through emails, texts, phone calls or a third party, such as a friend, relative or work colleague – violating this order can result to imprisonment and more difficulty in defending against the accusation). It is, therefore, safest for the accused to keep away from the accuser and to seek a competent lawyer immediately. An Austin criminal lawyer is one specific legal counsel who can help the accused fully understand his/her best options, as well as the nature of the litigation process. The litigation process can be long and complex, so having someone who knows what they’re doing on your side when you’re accused of a crime can be incredibly beneficial.

Option to act may either involve going to trial to fight the allegations (which can be costly, time consuming and which could result to an unmitigated sentence) or entering a no contest/guilty plea (which can mean more moderate punishments compared to the punishments after a conviction). While the accused is faced with not so favorable options, a criminal defense lawyer will be able to clarify everything and help him or her come up with the most favorable result.

Personal Injury Linked to Airbag Defects

This August 2014, Nissan North America is set to recall 226,326 more its cars (for a total of 664,628 vehicles) due to a defect in the cars’ air bag inflators. The inflators, according to the National Highway Traffic Safety Administration, were found to be at risk of rupturing when deployed during a crash. These can send metal fragments flying out and cause passengers serious injuries. Besides Nissan, other big car companies, such as Kia, Hyundai, Mazda, Toyota, Honda, Ford, Chrysler and BMW, have also made recalls (in recent years) on certain lines of their cars due to the same problem – faulty air bags.

Years earlier, in 2004, more than 1.4 million recalls were recorded by the NHTSA. These were all due to wiring problems that can make airbags suddenly deploy for no reason at all. An airbag, otherwise known as Federal Motor Vehicle Safety Standard 208 or FMVSS 208, is designed to provide cushion and protect the driver and occupants from hitting solid objects (like the dashboard, window or steering wheel) inside the car. Airbags, no doubt, are vital in car crashworthiness; but depending on how these have been manufactured and installed, these can either save thousands of lives or injure thousands instead. Three possible reasons for airbag-related injuries include: failure by the manufacturer to install the air bags inside the vehicle; the air bags do not deploy or deploy without cause; and, the airbags deploy despite a low-impact crash only, causing injury or death to the driver or passenger.

The most common cause of harm is due to airbags deploying despite low-impact crashes. This may be because of incorrect installation, the airbag itself was defective or there was no proper safety instruction. In this case, the victim and/or his/her family can file a claims lawsuit, especially if it can be proven that the product was really defective – a clear basis for a product liability lawsuit.

In the event of an injury, which can be linked to an airbag, it will be wise for the victim to immediately seek the assistance of an Appleton personal injury lawyer, who can help determine whether filing a lawsuit against the manufacturer is an action worth pursuing or not.

Personal Injury: Driving Distractions

According to the National Highway Traffic Safety Administration (NHTSA), there were about 6,800 fatal car crashes on US roads during the first quarter of 2014, a 4.9 percent decrease from the 7,150 fatalities recorded during the same time the previous year. Probably good news, but 6,800 is still definitely a very high number, considering the fact that car accidents can easily be prevented . . . if only all drivers will behave the way they should when driving.

A scenario of the possible consequences of a car crash: bruises and lacerations on different parts of the body; pain and soreness on the chest, neck, legs, arms and back; neck, head or spinal column injury; the need to undergo a surgical procedure to treat an injury; or, untimely death. The firm further explains that victims of negligent, at-fault, drivers may be able to receive compensation which will, somehow, help them go through the pains and the many damages resulting from the injuries.

The most common causes of road injuries and fatalities, based on NHTSA data, include driving while intoxicated (DWI) or driving under the influence (DUI), overspeeding, improper overtaking, tailgating, right-of-way violation (which is failure to recognize others’ right on the road), and texting or use of a handheld phone while driving.

Texting while driving is a form of distracted driving, another driving hazard which also includes other acts, like eating and/or drinking, applying makeup, fixing a tie, combing or styling the hair, reading as map for directions, reaching for something, adjusting the radio or any electronic device, and so forth.

Anything that will take one’s eyes or mind off the road, or will make one take his/her hand/s off of the steering wheel, is considered distracted driving. And while anyone can be guilty of committing this dangerous driving lapse, young drivers, aged between 18 and 25, are the ones identified to be the guiltiest, especially when it concerns texting or talking on a cell phone while driving.

A surprising research result very recently conducted by a private research firm shows, however, that majority of teen drivers who text or talk on their cell phone while driving have their parents, who are checking on them, at the other end of the line. Many are even left with no other choice but to answer their cell phone, which would not stop ringing until their parents hear their voice.

Regardless of the cause of the driving distraction, result will always entail property damage and/or harm to another individual (another motorist or a pedestrian). It is important that victims seek the help of Wisconsin personal injury lawyers to make sure that all things necessary for a personal injury case to prosper are acquired, that the case is filed properly and all evidences are in order. All these are to enable the victims to merit the compensation they legally deserve.

Employment Contract: An Important Consideration for Business Owners

After getting everything ready for your business to finally kick off or if your company has been around for some time, is doing good business and requires additional manpower, the basic question is always, “who to hire?”

With regard to hiring the right persons and landing them in the right position, this is no longer a worry to many firms, such as WorkSTEPS, Inc., a functional employment testing firm, which started in the early 1990s. WorkSTEPS, Inc. allows a business to focus on running its business for greater productivity; it also directs a firm’s focus on further developing the skills of its well-chosen employees instead of sorting through a bulk of application forms in the hope of finding someone who would be a perfect fit in the business.

It is the work of a functional employment testing firm to effectively identify an employee’s or applicant’s qualifications, strengths, skills, and physical and mental capabilities, to enable employers to match them with the right position. For companies that acquired the services of functional employment testing firms, what followed were substantial reduction in workplace injuries, group health costs, workers’ compensation premium and employee turnover, and a significant improvement in worker productivity and even workplace safety.

After identifying the right employee comes a business owner’s greater concern – the employment contract, which can be unique from one employee to another; this depends, of course on the specific type of work and the employee’s overall qualification or expertise.

While there is still the traditional written contract that an employee needs to sign, for formality and legality, there are also cases, like in smaller companies, when employers and employees simply agree orally with regard to the kind of work the employees will perform, the duration of the work, the amount of pay and the benefits that the employees will and can enjoy.

Preparing an employment contract is never an easy task, though, as it needs to ensure that no laws are violated and that both employer and employee will benefit from the terms of employment. While WorkSTEPS, Inc., with web address,, can take care of finding the right people that will satisfy employers’ requirements and standards, Cedar Rapids business lawyers can take care of the contents of the employment contract which employers are willing to provide and which the hired employees will find greatly interesting and inviting. These contents, besides the employment date, salary, and benefits, can also include vacation and sick leave, health benefits, grievance procedures, and employee behavior after the end employment, among others.

Made beautiful by the experts at Bergman Folkers Plastic Surgery.