Personal Injury
Personal injury is a term used to describe a variety of physical injuries, often caused by the intentional or careless (negligent) acts of another. Personal injury cases include, but are not limited to, auto or vehicular accidents, falls, product and prescription drug injuries, work injuries, medical malpractice injuries, nursing home injuries, and wrongful death.
Road Accidents - 40,000 deaths each year
According to the National Highway Traffic Safety Administration (NHTSA) nearly 40,000 people are killed in crashes nationwide each year. Car occupants, pickup and SUVs, large trucks, motorcycles, pedestrians and bicyclists are among the motor vehicles crash deaths suffered each year.
CAR ACCIDENTS - leading cause of US deaths
According to the National Highway Traffic Safety Administration (NHSTA), each year there were an estimated 6-million car accidents in the US resulting in more than 3 Million injuries and more than 40,000 deaths. Motor-vehicle accidents caused more deaths among people aged 1 to 64 than any other injury and are responsible for the highest number of fatalities in the U.S. for people between the ages 6-27.
SUV ACCIDENTS - Record death toll in SUVs
Almost 10,000 are killed in SUV rollover accidents each year, accounting for about a quarter of all traffic accident fatalities. Sports Utility Vehicles (SUVs) are among the most popular and best-selling vehicles today. Many people think that SUVs are rugged and safe. Yet various studies and reports have indicated that many popular SUVs have a dangerous tendency to roll over in a collision or sharp turn, increasing one's risk of serious or fatal injury. SUVs' size, high center of gravity, narrow track width, and top-heavy designs make them up to three times more prone to rollovers than other vehicles. Moreover, some manufacturers fail to include important safety features (such as roll bars) on SUVs manufactured for consumer use on streets and highways. The rate of serious passenger injury in rollover crashes in 36% higher than in non-rollover crashes and rollover crashes are much more likely to result in serious head injuries than other types of accidents. Attorney state generals representing 40 states have accused automakers of running misleading ads promoting the safety of their SUVs. In response, the government is working on a better system to rate SUV stability and are considering requiring automakers to create safer SUV and pickup designs.
MOTORCYLCE ACCIDENTS - Death toll rising
A large number of serious or fatal auto accidents involve motorcycles. According to the National Highway Traffic Safety Administration (NHTSA), last year more than 50,000 motorcyclists were injured, and over 3,000 motorcyclists died in motorcycle accidents. Moreover, the NHTSA reports that motorcycle accidents are particularly devastating - an estimated 80% of all motorcycle accidents result in serious injury or death, compared to the 20% injury and fatality rate for passenger vehicle accidents. A significant number of motorcycle injuries and fatalities are the result of careless motorists who either do not see the oncoming motorcycle at all or do not see the motorcycle in time to avoid a crash. According to a recent report, 36 percent of motorcycle crashes were caused by a vehicle turning left while the motorcycle was going straight or passing.
TRUCK ACCIDENTS - Big increase in deaths
According to the federal government there are over 400,000 large truck accidents resulting in over 5,000 fatalities and approximately 42,000 injuries each year. More people die in large truck accidents than in planes, trains, ships and interstate buses combined. Reckless or careless driving, such as speeding and following too closely are usually the cause of rollover and jackknife accidents. Moreover, a significant number of large truck injuries are caused by truck driver fatigue. According to one study, over 20% of long-haul truck drivers admitted to falling asleep at the wheel within the past month. The NHTSA reported that driver fatigue plays a critical role in 30% of large vehicle accidents. In 1999 an estimated 800 large truck accidents were the result of driver fatigue.
PASSENGER VANS - increase in crash injuries
15-passenger vans are large vans that typically seat 14 passengers and a driver. There are more than 500,000 15-passenger vans used in the US, commonly used by colleges, churches, and other organizations to transport members on trips and outings. Tragically, 15-passenger vans have been involved in a large number of accidents resulting in serious injury and death. In the past decade, at least 600 people have been killed in crashes and 1,200 injured in passenger van rollovers. Most of the fatalities occurred in single-vehicle rollovers, in which the vans flipped over without colliding with other vehicles.
PEDESTRIAN INJURY-7000 deaths in a year
In 2022, pedestrian deaths in the U.S. reached a 40-year high, with over 7,000 pedestrians killed while walking. A high percentage of pedestrian deaths occur on or near roadways. In recent years, pedestrian deaths accounted for a significant percentage of vehicle-related deaths in Arizona, California, Colorado, Florida, Hawaii, Massachusetts, Missouri, Texas and other states.
PREMISES LIABILITY-Liability of Owners, Landlords, Managers
Premises liability law holds property owners, landlords, and managers legally responsible for injuries and deaths that occur on or near their property due to unsafe conditions or undisclosed known dangers. Depending on state laws, owners, landlords and manages may have an affirmative duty (legal obligation) to tenants and guest to maintain their premises in a reasonably safe condition and to warn tenants and guest of known hazards. Premises liability deaths can occur when a person dies due to the negligence of the owner, landlord or manager. Deaths can occur from various hazards on the property, and survivors may be able to file a wrongful death lawsuit.
DAMAGES FROM PERSONAL INJURY
persons and families to recover appropriate monetary damages and compensation from responsible parties, including damages for medical bills, property loss, pain and suffering, lost wages, and in some instances punitive damages (damages to punish the responsible party).
A party may be held liable for personal injury or wrongful death even if their harmful actions were unintentional or accidental. A defendant will be held liable if it can be shown that the defendant's negligent (careless) conduct caused the plaintiff's injury. A person will generally be found negligent (and therefore responsible) if it can be shown that they either did something that an ordinary, reasonable person would not do or the failed to do something that an ordinary, reasonable person would do, under the same or similar circumstances.
In some cases, a party may be held liable even without a showing of intentional wrongdoing or negligence, under the law of "strict liability". Such cases typically arise in cases involving injuries caused by unsafe or defective products. To recover in a products liability action, an injured party only needs to show that a product was defective when it left the manufacturer or distributor's control.
