Do Distractions Inside A Car Cause Road Traffic Accident Claims?

While personal injury solicitors may regularly see road traffic accident claims that were caused by distractions outside of the vehicle and dangers on the road, there are a lot of dangers within the car that can also lead to crashes.

Research by insurance company MORE TH>N found that inappropriate footwear, discarded coffee cups and dogs are the three most dangerous things people can have in the car. These lead to car accidents that end up costing motorists an average of £261.47 in vehicle repairs, as well as the associated expenses of road traffic accident claims.

A total of 44% of female motorists admitted that they have been unable to use the pedals properly because of high heels, with this risk particularly common among those aged 25 to 34.

Furthermore, 20% of those surveyed said that empty drinks cartons rolling under their pedals had led to a motor vehicle accident or a near-miss, while 12.5% said dogs seeking attention and running around the car had put them in danger or caused an accident.

It is thought that these problems and distractions could cause drivers to lose focus for more than three seconds at a time, but this will be no excuse in road traffic accident claims.

What cities see the most accidents?

The MORE TH>N research also revealed that Londoners could be at the greatest risk of car accidents, with 49% of respondents admitting that they have had a near miss or a scrape. Drivers in the West Midlands took second place with 44%, followed by drivers in Wales at 43%.

It is thought that high levels of congestion in the capital could be responsible for the heightened risk for drivers in London.

An estimated 13 million of the UK's 34 million driving license holders have been in an accident or a near miss caused by distractions within the vehicle, as around 38% of the 2,000 people polled by MORE THEN admitting to this.

No win no fee solicitors said that while motorists may be prepared for distractions outside the car, they might not spend as long preparing the interior and might forget about the dangers within the vehicle.

Despite this, it is not possible to completely control what happens outside a car, but drivers can deal with almost all of the hazards within vehicles. People ought to keep their cars clean and clear of any litter, should keep pets well-secured, and should wear sensible driving shoes whenever they get behind the wheel.

Responsible driving is not just important for motorists and their passengers, but is also vital in protecting the safety of everyone else on the road. While some people may be able to handle the stress of being liable in a road traffic accident claim, criminal sanctions can be even harder to cope with, and the guilt of being responsible for a death or serious injury caused by a car crash can be impossible to cope with. Keeping the interior of a car safe is vital if drivers are to ensure the safety of themselves and everyone else.

Article Source: http://EzineArticles.com/8036274




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Rear End Car Accident Injuries - Neck (Cervical) Injuries

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Those who walk away from a car accident without injury are certainly fortunate because even simple, rear end accidents can result in serious injuries. The neck and low back are two of the most common areas of injury in a rear end car accident. Generally speaking, cervical and lumbar injuries may require chiropractic treatment, physical therapy, injection therapy and even surgery.

In addition to neck and low back injuries, rear end accidents can cause other injuries, such as:

brain/head injuries,
arm/shoulder pain,
knee pain, and
severe bruising.

Depending on the extent of the injuries, medical bills may pile up and the individual may be required to miss work. A few days of lost work here and there can put a family in financial straits.

Neck Injuries in a Read End Accident

In a rear end accident, the body while in a seated position will move forward with sufficient force and back again. Assuming the individual was wearing a seat belt, the individual will come into contact with the seat belt, while being pushed forward. The neck, which carries the weight of the head (on average, 8 pounds), will snap forward and back again, against the head rest. This is commonly called whiplash.

In more severe rear end accidents, such as when an individual is struck from behind by another car or truck traveling at a high rate of speed, the body moves forward more violently. In other words, the more forceful the impact, the more forceful the body is pushed forward and back. In some situations, especially when the impact is severe, whiplash can even result in head injuries.

Because of the natural curve and bend of the neck, C4-5 and C5-6 tend to be common locations of injury. Common types of neck injuries which result from rear end car accidents include:

disc herniations,
disc protrusions, and
disc bulges.

In severe cases, discs may compress on nerves and nerve roots, causing extreme pain symptoms. In addition, annular tears can also occur.

*Disclaimer: The information contained in this website is no substitute for legal advice and does not establish any attorney-client relationship. The facts and legal issues of every case are unique. Therefore before taking any legal action, you should consult with a lawyer. Contacting or emailing the law firm does not create an attorney-client relationship. Confidential or time-sensitive information should not be sent through this website's contact/email forms.

Article Source: http://EzineArticles.com/8039091



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Personal Injury Lawyer: An Opportunity for Rightful Settlements

Personal injury lawyers have often been portrayed as ambulance chasing opportunists because of their very aggressive tactics for securing clients. While the characterization may be correct for a small percentage of these lawyers, the overwhelming number of attorneys in this field are honest, forthright attorneys who work hard to protect those people who have suffered damages through the negligence or defamation done by others.

Those damages may include bodily injuries as well as injuries to a person's emotions and mental state. The most common forms of these injuries occur from auto or traffic related accidents as well as tripping, slip and fall, medical negligence, industrial diseases and product liability issues. The injured person, through his attorney has the option of pursuing compensation by means of a settlement, usually out of court, or a judgment that involves a full trial. Many personal injury lawyers will take a case on a contingency basis, which means that the attorney will take a percentage of the settlement. If he loses the case, no payment will be required for his services.

Translated to real terms, it usually means that only those cases that are reasonably expected to produce a positive result will be taken on by the attorney. That supposition goes a long way in preventing frivolous, unwarranted and even fraudulent claims to be made by clients.

The system has its critics; but in the majority of cases, the law is well served. In recent years, many of the largest settlements ever recorded have gone against the tobacco industry and drug manufacturers in class action suits involving million paid to plaintiffs. The same can be said for the ongoing industrial disease cases involving asbestosis. mesothelioma, silicosis and other chronic obstructive pulmonary diseases. The large sums awarded to many of those plaintiffs contributed many millions to the coffers of large personal injury lawyer firms.

In spite of the precautionary measure, most reputable personal injury lawyer firms have set in place, there are those whose clients would attempt to benefit illegally from the process. It is not uncommon to read about a potential plaintiff claiming to find harmful objects in their food like mice or glass shards and other harmful substances. In virtually every instance, those types of claims are proven false. Some individuals are brazen enough to stage tripping incidents, then claim serious injuries as a result. These scams, more often than not, are discovered and the plaintiff become the perpetrator rather than the victim.

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Cobalt Poisoning From Metal Implants

Metal on metal hip implants have been in use for a number of years, with results that vary from patient to patient. While they can provide patients with good results and lessened amounts of pain and stiffness, they have come under fire, especially as of late, for causing a number of side effects and secondary conditions.

One of the main concerns with metal on metal implants is the issue of cobalt poisoning. Patients often report a ringing in the ears, which is a condition known as tinnitus. This is a common symptom of cobalt poisoning which could be cause by the material used in metal on metal hip implants. As bad as this condition can be, it is not the only complication that is associated with implants of this type. Metal on metal hip implants were originally introduced to the market as devices of an innovative nature that were meant to be more durable and last longer that other types of hip implants that were currently being used. Today, we know this is certainly not true.

The issue of these types of metal on metal implants causing cobalt poisoning, also known as cobaltism, is quite serious and can cause many different types of complications, including tinnitus as mentioned above. If tinnitus is not treated properly deafness, vertigo, optic nerve atrophy, blindness, headaches, hypothyroidism, convulsions, cardiomyopathy, cognitive problems (like dementia), and peripheral neuropathy can result.

There have been official reports linking metal on metal hip implants to cobalt poisoning. European regulators in April of 2010 stated that patients with metal hip implants, especially those who had a higher than average risk of tissue and bone damage need to be tested for elevated levels of cobalt, as well as other types of metals in the blood. The Journal of Bone and Joint Surgery found later that same year that two patients who received metal on metal hip implants definitively developed cobalt poisoning. Symptoms of this type of poisoning include the following: problems with hearing, hearing loss, headaches, tinnitus, a decline in cognitive function, irritability, a loss of coordination, depression, and fatigue.

All metal component hip implants are what the industry refers to as a metal on metal implant. The main materials contained in these devices are cobalt and chromium. The main issue with hip implants that are all metal is that experts have found that the two metal surfaces rub against each other causing them to discard debris into the body. The issue is so common that elevated cobalt levels are common complaints of those who take action against metal on metal hip implant manufacturers. Other common complications include the following: hip pain that is unexplained; clicking, grinding, or popping sensations; pain in the groin or thigh; pain when getting up from a sitting position; pain when putting weight on the affected area; extreme pain and discomfort; swelling; pain when walking; and loosening of the implant.

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Quick History of Maritime Wrongful Death Laws

Until 1920, the general maritime law did not recognize wrongful death actions for the death of any person in the absence of a statute. Wrongful death actions had to be based on state wrongful death statutes, but those statutes extended only so far as the state's territorial waters. Thus, the families of deceased seamen, or anyone else perishing at sea, were left without a cause of action or remedy for deaths on the high seas caused by a breach of one of the duties imposed by general maritime law.

In 1920, Congress enacted both the Death on High Seas Act ("DOHSA") and the Jones Act.

DOHSA provided a federal cause of action with uniform remedies where the states could not. DOHSA applies to deaths of all persons resulting from actions or omissions occurring more than three miles from the shore of any state:
whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent may maintain a suit for damages.
(46 U.S.C. §761 (now codified as 46 U.S.C. §30301)).

Courts in admiralty have construed "wrongful acts" as breaches of the duties imposed under the general maritime law, including the duty of seaworthiness owed by shipowner to seamen. In a DOHSA action, the personal representative of the decedent's estate may recover compensation for the "pecuniary loss" sustained by the persons for whose benefit the suit is brought. (46 U.S.C. §762 (now codified at 46 U.S.C. §30303)).

The Jones Act gives seamen a federal right to recover from their employers for negligence regardless of the location of the injury or death. 46 U.S.C. §30104. Congress intended that the Jones Act contribute to uniformity in the exercise of admiralty jurisdiction. The Jones Act cause of action is as follows:
A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. (46 U.S.C. §30104)

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The Importance of the Employer and His Report in a Worker's Compensation Case

The employer's report of injury form must be completed with care. The employer should not report that he knows of the accident if he does not. He is permitted to indicate that he is reporting that which is being alleged and not that which he knows of first hand. For example, where the question on the form asks that he indicate what the employee was doing when injured he can preface his statement with such phrases as "It is alleged that... " of "The employee claims... "

In the event the employer does not maintain a medical clinic and does not have a nurse on duty, the accident report kit should contain a list of the names of doctors who can be summoned; of to whom the employee can be sent, to promptly provide for such first aid attendance or treatment as may be required. A list of hospitals should also be kept.

In those jurisdictions where the employer is permitted to provide for an injure employee continuing medical or surgical treatment for the period required in order to effect recovery, the employer should have a list of names of competent physicians, in different specialties, located in areas in which his employees reside, to whom he can refer his injured employees. The employer should be able to request of the claims department of his carrier, assistance in developing such a medical panel.

In New York, employers are required to post and maintain in a conspicuous place, a printed notice prescribed by the chairman of Compensation Board stating that he has compiled with the law and that he has secured proper coverage to provide the payment of compensation to his employees and their dependents. This notice of compliance contains the name, address and policy number of the insurance company.

The printed form also instructs employees that, should they be injured or suffers an occupational disease out of and in the course of their job, that they promptly report it to their employer, his superintendent or foremen; that they are permitted to select a physician or podiatrist of their own choice who is authorized to treat Compensation cases. It also provides that should they wish to choose their own doctor, they are to so inform their employer in writing. The employer must then provide the medical care. Employees are permitted to exercise their right of free choice at a later date if they wish to do so.

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Wrongful Death and Taxes

Losing a loved one is one of the worst things we deal with in the course of our lives. Unfortunately, to compound pain with frustration, there is an additional layer to losing a family member: taxes. For hundreds of years, the government has required remittance by the families of the deceased into public coffers. Originally designed as a tithe from an incoming noble to a lord, in academic circles it is considered to be a method of prohibiting a noble class from arising. Whether or not that is effective, what's for certain is that estate and probate taxes, as they are commonly called, are difficult to understand and even more difficult to enforce.

Upon the death of a loved one, most people have a living will that describes how the deceased wishes their assets to be distributed upon their demise. If married, many wills grant most of the assets to the spouse with a few select items "willed" to sons, daughters, or grandchildren. If the property is willed to a spouse, no taxes are due. That is because in the United States, one spouse may gift the other an unlimited amount with no tax implications. On a side note, this was a significant part of the debate when deciding whether or not to legalize same-sex marriage. Many wills are very short for this reason; if you're just going to give everything to your spouse, in effect you are simply stating that everything remains in place!

If there is no living spouse, the situation becomes more complex. As of 2013, in the United States $5.25 million of the estate is excluded from the taxable estate. Past that amount, 40% is due to the government. "Wait!" you might say, "there's no way my grandfather has more than five million dollars!" While that may very well be true, the estate is calculated based on all of their assets. Many people hold investments such as real estate or securities which may be unknown to younger family members. In addition, many collector's items such as paintings and antiques may be worth a considerable sum of money. It can be quite a shock to discover that a humble relative had a taxable net worth of seven million dollars!

Once the net worth has been established, the family must determine the tax amount and how to liquidate assets, if necessary, to pay the estate tax. For example, let's assume that a deceased grandmother had $7M in assets. That results in a total tax of $700,000. It is unlikely that this person had a bank account with a million dollars in it, so it will be necessary to sell off some assets in order to meet the tax burden. A qualified attorney will draft a will while the person is still alive that takes care of this contingency. For example, the grandmother may have arranged for certain real estate holdings to be turned into highly marketable securities that can be easily sold to meet the estate tax. This process is done carefully by estate accountants, and formalized by attorneys experienced in the field.

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