O'Mara & Padilla, Attorneys at Law

Encinitas Legal Blog

Certain times of day might be worse for distracted driving

California readers know that distracted driving is a serious problem. In fact, it is one of the leading causes of car accidents in the state. This is a growing concern, and due to the amount of distracting technology in many vehicles and the widespread use of cell phones, it is a problem that is not going away.

In order to effectively confront this problem, researchers and authorities have invested significant time and effort into understanding more about this problem. Part of this is understanding what causes people to make the choice to drive while distracted and how to discourage this dangerous behavior. One things researchers now understand is that evening rush hour may be the most prominent time for distracted driving.

Vicarious liability claims may help cover full extent of damages

Many New Mexico residents find themselves driving in close proximity to semi-trucks on a daily basis. Fortunately, these individuals are usually able to avoid getting into a truck accident, but others are not so fortunate. Fatigued, intoxicated, and distracted truckers can swerve into oncoming traffic, fail to yield to oncoming traffic, or fail to stop in time to avoid a rear-end collision. Regardless of how these accidents occur, if negligence plays a role, then an accident victim may be able to recover compensation for his or her losses via a personal injury lawsuit.

Truck accidents often leave victims with damages that are so extensive that truckers are unable to cover those loses even when a court issues a judgement against them. Although this may be disheartening, the good news is that these victims may be able to recover compensation from a trucker's employer through vicarious liability. Under this legal theory, employers can be held liable for the negligent acts of their employees if certain elements can be met.

An open fracture could leave your life changed

Like most people, you understand that car accidents can have dire outcomes. Even if a person survives a serious crash, severe injuries could still have occurred that have life-changing outcomes. These injuries could even pose a threat of developing infections or other complications that could only make the situation worse.

Open fractures, or compound fractures, have a particular risk of developing infections as well as being difficult to treat. Unfortunately, this type of injury could easily occur during a car accident and have tremendous impacts on the injured party.

Were you surprised that a car accident led to your spine injury?

Injuries to various parts of the body could have life-changing impacts. In particular, if you suffer an injury to your spine, you could face issues with coordination, ability to move, ability to control certain bodily functions and numerous other effects. Often, a serious event leads to this type of injury taking place.

If you suffered a spinal cord injury in a car accident, you are not alone. In fact, car and motorcycle crashes account for nearly half of the spinal cord injuries that occur annually. Even if this type of injury did take place as the result of a crash, you could have had certain characteristics that put you at a higher risk of suffering this type of damage.

The severity spectrum of brain injuries

Just like any other injury, brain injuries can fall anywhere on a spectrum of severity. Determining the severity of one's brain injury is significant in that it allows medical professionals to prescribe an effective course of treatment. Additionally, those who are able to recognize the signs of traumatic brain injury may allow an individual or his or her loved ones to seek medical care much more quickly.

Minor brain injuries can present themselves in one of a number of ways. A sufferer may become dizzy or vomit, and he or she may be subjected to memory loss and lethargy. These brain injuries vary rarely, if ever, result in loss of consciousness.

What is the cost of caring for a traumatic brain injury?

A traumatic brain injury can leave an individual with serious physical and mental limitations. Oftentimes, those who suffer these injuries are unable to reclaim their normal pre-accident lives. As if this isn't bad enough, these individuals will usually wind up facing significant financial losses primarily caused by medical expenses and rehabilitation costs. But the damages don't end there. Instead, victims can also face lost wages due to their inability to work. These losses, when combined with physical and emotional damages, can be overwhelming.

But exactly how much does it cost to treat a traumatic brain injury? On average, those who suffer a traumatic brain injury will incur more than $150,000 in medical costs. Those who need acute rehabilitation services can wind up facing $1,000 every day. The average stay for those who need acute rehabilitation is 55 days. That's an additional $55,000 in costs for those who need this type of assistance. The true cost of treating a traumatic brain injury varies greatly from person-to-person, but it can wind up costing as much as $4 million when all is said and done.

3 levels of traumatic brain injuries

Because you were born healthy and with all average abilities intact, you may have assumed that you would go through life that way. You may not have given much thought to the idea that you could lose the use of certain body parts or that your body may one day function differently from what you consider normal. However, a sudden accident could easily result in your life completely changing.

In particular, a traumatic brain injury could quickly result in your body experiencing considerable changes. This type of injury has varying levels of severity, and different events could lead to your suffering. It is common, though, for serious car accidents to lead to head trauma that could affect the brain.

How workers' compensation benefits can be paid out

Californians who have been injured on the job know that their finances can take a hit. This can be especially challenging to cope with when one is trying to focus on reclaiming his or her health and get back to work as quickly as possible. Yet, the financial realities of the situation can't be avoided. This is why those who have been hurt in a workplace accident need to carefully consider their legal options.

Although a third-party lawsuit against a negligent individual or company may be justified, this will usually be in conjunction with a workers' compensation claim. Workers' compensation benefits, when successfully sought, can help an injured worker recover money to offset medical expenses and lost wages. While proving that one qualifies can be difficult enough, even those who wind up receiving benefits have to choose how they want those benefits to be dispersed to them.

Reckless driving could easily lead to an injury-causing crash

While traveling the roadways, you may have often felt that other drivers were not operating their vehicles in safe ways. Some people may drive too fast, and others may act aggressively toward other travelers. Unfortunately, these types of drivers are everywhere, and they may make you and others feel as if you face serious safety risks.

When a person operates a vehicle recklessly, he or she does increase the chances of a car accident taking place. Though this type of driver may not think too much about his or her own safety, he or she may also not understand the danger in which other innocent travelers are being placed by those reckless actions. Of course, authorities do generally consider reckless driving a criminal offense.

Ford issues auto recall over detaching steering wheel

Most product lines, if not all, are subjected to safety standards that are regulated by the industry and state, local, and/or the federal government. Although these safety regulations are meant to prevent dangerous products from reaching the market, the fact of the matter is that far too many hazardous products make it past these regulations and into the hands of unsuspecting consumers. When this happens, even those who use a product carefully and in accordance with its directions can be left seriously injured.

This holds true with motor vehicles, too. In fact, Ford recently issued a recall of nearly 1.5 million Ford Fusions and Lincoln MKZs due to concerns about steering wheels becoming detached during use. According to reports, the issue is that bolts used on the steering wheels have been found to loosen over time, as at least two accidents have been tied to the problem. Owners of these vehicles are encouraged to take their cars to local dealerships where the problem will be fixed for no charge.

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