Articles Posted in Catastrophic Accidents and Injuries

By :Douglas A. Petho

Traumatic brain injury (TBI) is a serious public health problem. Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Despite being often overlooked or undiagnosed, on average, approximately 1.7 million people are diagnosed as suffering a traumatic brain injury each year.

What is a Traumatic Brain Injury?

By :Douglas A. Petho

Most people don’t look for a lawyer until they need a lawyer. Unexpected events such as automobile accidents, on-the-job accidents or other injuries lead many people to seek out the best attorney they can find to represent them. Although there is no shortage of attorneys, figuring out who to hire can be a challenge. Television advertisements and junk mail solicitations are certainly one way to decide. A better method would be to evaluate the qualifications of the attorney you are considering before signing any paperwork.

#1 How long have you been licensed to practice law?

By :Douglas A. Petho

After an accident, a rental car may be provided in one of two ways. First, once a liability insurance carrier for an at fault driver has accepted liability, they are responsible for paying the cost of a rental vehicle from the date of the accident. The length of time, however, depends on whether the vehicle is declared a total loss or is repairable. If the vehicle is a total loss, once they have extended an offer for the value of the vehicle, their liability will end. Most insurance carriers will extend payment for a rental vehicle for two or three days to allow for payment to be received. If the vehicle is repairable, the liability insurance carrier is responsible for paying for alternative transportation until the repairs are complete.

If the liability insurance carrier for the at fault driver has not accepted liability, a driver may still be able to obtain a rental under their own automobile insurance. Rental reimbursement is often sold in connection with the collision coverage. Many carriers require however, that in order to obtain a rental under rental reimbursement that a collision claim must be made. The same time frames apply to a rental under rental reimbursement that apply to a rental provided under liability insurance.

By :Douglas A. Petho

Unless you are fortunate enough to have a videotape of an accident, a great deal of effort is often spent trying to reconstruct the facts of a collision. Usually, despite doing the best investigation, questions remain exactly how or why a crash occurs. Answers to many of these questions will soon be available from data of contained from the “event data recorders” otherwise known as “EDT’s”.

EDt’s are nothing new. The National Highway Traffic Safety Administration (NHTSA) estimated that about 64 percent of 2005 model passenger vehicles had the devices. By 2005, General Motors, Ford, Isuzu, Mazda, Mitsubishi, Subaru, and Suzuki were all voluntarily equipping all of their vehicles with EDRs, According to NHTSA, these devices are standard equipment from manufacturers including Chevrolet, Ford, Mazda, Mitsubishi, Subaru, General Motors, Isuzu, and Suzuki. The problem has been being able to gain access, understand, and use this information. With no standardized format, proprietary software and a wide variation in the types of information that were actually recorded, their usefulness has been limited.

A semi-truck driving southbound US Highway 221 outside of Marion crashed and flipped over, killing a passenger. David B Small, 53 of New Jersey was driving when he lost control of his vehicle and hit a rock. The truck came to rest on a runaway truck ramp and the trailer stopped against a rock wall. The accident is still under investigation by the North Carolina Highway Patrol, however it is believed that excessive speed could have been a factor. Sgt. Kevin Owens of the North Carolina Highway Patrol is also investigating whether the truck might have had faulty brakes. At the time of the accident the truck was hauling lawnmower batteries and dumped around 2000 batteries onto the road and nearby property. The name of the passenger was killed had not been released.

According to the North Carolina Department of Transportation in 2010, speeding was a contributing factor in 34%of all reportable motor vehicle crashes. In that same year 41,729 people were injured in speed related crashes and 452 people were killed. Only 2.3% of all crashes involved vehicle defects.