Car Crashes: Proving Alcohol and Cell Phone Use is Critical, Requires Prompt Action!
Here is how we will seek to provide client value by increasing the amount of damages awarded in a motor vehicle collision case.
First, we will have an investigator interview the other driver to see if a candid admission of cell phone use can be obtained. If the other driver denies it, we can subpoena cell phone records. However, most cellular providers destroy records of texting in 30 to 90 days, and texting is the most damaging type of cell phone use, in terms of a legal claim. Even if a text was sent prior to the crash-while stopped in traffic, for example-it can be argued that the driver was still "distracted" minutes later.
Cellular calls are also highly distracting. Records of cellular calls may be retained by the service provider for a longer time, but probably not indefinitely.
Our legal theory is that cell phone use while driving is the equivalent of being intoxicated at the legal limit. There is considerable scientific research to support this. Therefore, we believe that we can assert a claim for "punitive damages" if we can establish that the other driver was using a cell phone at or near the time of the crash. Punitive damages are damages above and beyond compensatory damages. The are intended to deter dangerous behavior by imposing a monetary "penalty."
If punitive damages are awarded, an injured plaintiff is also able to recover "attorney fees" from the other party, in addition to ordinary damages. While punitive damages will not be paid by the other driver's insurance company, that is not the case with attorney fees. The Ohio Supreme Court recently held that if punitive damages and attorney fees are awarded, a driver's motor vehicle insurance policy is obligated to pay the claimant's attorney fees.
Motorcycle Noise Emissions
The Noise Control Act of 1972 requires motorcycle manufacturers to label all of their motorcycles. The label must include the following statement:
"This (model year) (model specific code) motorcycle, (serial number), meets EPA noise emission requirements of (noise emission standard) dBA at (closing RPM) rpm by the Federal test procedure. Modifications which cause this motorcycle to exceed Federal noise standards are prohibited by Federal law. See owner's manual.
By Federal regulation, this label must be plastic or metal and be welded, riveted, or otherwise permanently attached in readily visible position on the motorcycle. The label must be attached by the vehicle manufacturer to the motorcycle in such a manner that the label cannot be removed without destroying or defacing it, and it must not be affixed to any piece of equipment that is easily detached from the motorcycle. Furthermore, the label must be of a color that contrasts with the background of the label-so, for example, the manufacturer cannot use a chrome label on a chrome exhaust system.
If you own a motorcycle that does not have a label that meets all of these requirements, you may have a claim. Your claim would include the cost of any repair necessary to bring your motorcycle into compliance with federal law.
For more information, please
contact us.
Arava (leflunamide) is a drug used to treat rheumatoid arthritis. Studies have linked Arava to severe liver disease. As a result, the FDA has issued a Black Box warning regarding severe liver injury and death. Clark, Perdue & List is investigating Arava claims involving severe liver injury and death. For more information, please visit our Arava page.
Insurance premiums NOT skyrocketing due to lawsuits
Your insurance premiums may be going up, but it has nothing to do with lawsuits. Look no further than the insurance industry's annual profit reporting. In 2007, insurance companies reported a near-record profit of $61.9 billion. In comparison, the insurance industry's 2004 profit was $38.7 billion, which broke all previous records. Their profits continue to rise, and unfortunately, your premiums are following suit.
The insurance industry has also made the argument that awards and damages should be limited; however, have later admitted that caps will not lower premiums. For example, American Insurance Association spokesman Dennis Kelly told the Chicago Tribune in 2005 that, "We have not promised price reductions with tort reform."
Kids and Cars: Tips for Parents
Every year countless children are injured or killed as a result of car-related accidents. Many safety tips can be found at www.KidsAndCars.org.
Life today can be so hectic that conscientious and intelligent parents can accidentally leave a child unattended in a car. But just one occasion of inadvertent distraction can be fatal. Below are tips to help parents and caregivers avoid accidentally leaving a child unattended in a car.
- Put something you'll need like your cell phone, handbag lunch or brief case, etc., on the floor board in the back seat. Get in the habit of always opening the back door of your vehicle every time you reach your destination to make sure no child has been left behind.
- Keep a large teddy bear in the child's car seat when it's not occupied. When the child is placed in the seat, put the teddy bear in the front passenger seat. "It's a visual reminder that anytime the teddy bear is up front you know the child is in the back seat in a child safety seat," said Janette Fennell, of KIDS AND CARS.
- Make arrangements with your child's day care center or babysitter that you will always call them if your child will not be there on a particular day as scheduled. Ask them to phone you if your child doesn't show up when expected.
- If you see a child alone in a vehicle, get involved. If they are hot or seem sick, get them out as quickly as possible. Call 911 or your local emergency number immediately.
For additional information about keeping children safe, visit the KIDS AND CARS website at: www.KidsAndCars.org.
For Parents: Proper Backpack Fit
Proper backpack fit
- It should be lightweight.
- It should not be larger than the child's back.
- Backpacks should not extend more than 4 inches below the child's waist.
- Wide, padded, adjustable straps distribute the load over the shoulders.
- A waist strap helps distribute the weight and transfer the load to the hips; this is especially important for students with thin bodies.
- A padded back adds comfort.
- A lumbar support in the padding will help prevent slouching.
- Separate compartments keep items organized and prevent shifting of weight.
- A strap between the shoulders prevents slouching.
- Bigger is not better because more weight can be carried.
- Backpacks on wheels may be advisable.
Correct backpack use
- Children should be instructed to use both shoulder straps.
- Tighten the shoulder straps so that the backpack hangs slightly below the shoulders with no more that 4 inches hanging below the waist line (belly button, not the hips).
- Use the waist and chest straps.
- Wear the pack only when necessary.
Safe backpack weight
Both the American Academy of Orthopedic Surgeons and American Physical Therapy Association recommend these backpack weight limits:
- 60 lbs. can carry a maximum of a 5 lb. backpack
- 60-75 lbs. can carry 10 lbs.
- 100 lbs. can carry 15 lbs.
- 125 lbs. can carry 18 lbs.
- 150 lbs. can carry 20 lbs.
- 200 lbs. can carry 25 lbs.
- No one should carry more than 25 lbs. in a backpack.
- Pack only the essentials.
- Pack heavier items at the bottom to transfer the weight to the hips.
- Separate compartments help keep the load from shifting.
- Flat items should rest against the back to keep bulky or pointy items away from the child's back.
- Determine whether additional weight of sports or musical equipment will be carried. Kimberly Dunn, RN, BSN, MS, School Nurse
