Injured - The FindLaw Accident, Injury and Tort Law Blog

March 2014 Archives

3 Ways Truck Crashes Can Differ From Car Crashes

Any motor vehicle accident can lead to property damage or injury, but are there many potnetial ways in which a truck crash can differ from an "ordinary" car crash.

From special insurance coverage to commercial truck laws, there are actually several factors that can make truck accidents unique.

Here are three common differences between commercial truck accidents and standard car accidents:

When Can You Sue for Loss of Consortium?

Loss of consortium is a personal injury claim that can lead to damages for loss of affection and normal marital relations. In some cases, loss of consortium can also apply to a relationship between parents and children.

So when can a loss of consortium claim be made, and what will you have to prove in order to prevail in court?

Here are some general guidelines:

1 in 4 Car Crashes Involves Cell Phone Use: Report

More than one in four car crashes involves cell phone use, according to a new report by the National Safety Council.

Perhaps even more surprising, only 5 percent of crashes involve texting, while 21 percent involve drivers talking on handheld or hands-free cell phones, according to the report.

The findings serve as a grim reminder than talking on a cell phone while behind the wheel -- even on a hands-free device -- can be incredibly dangerous.

10 Things to Do After a Big Rig Crash

Big rig crashes can be unsettling for even seasoned drivers, so it's best to have a plan just in case.

Here are 10 helpful reminders for what to do following a big rig crash:

Strippers: San Diego Cops Violated Civil Rights

A group of San Diego strippers is accusing the city's police department of civil rights violations after a raid at the club that employed them.

Twenty-five dancers employed by Cheetahs, a "gentlemans club," have filed a claim against the city, alleging that 10 San Diego police officers held them for about an hour and forced them to "pose in various positions and expose body parts" while being photographed, reports U-T San Diego.

Police maintain the investigation was routine. But do the strippers have a case?

Iraq Vet to Get $4.5M for Occupy Oakland Shooting

An Iraq vet whose skull was fractured by a projectile shot by police during an Occupy Oakland protest has agreed to receive $4.5 million to settle a federal lawsuit with the city of Oakland.

During the protest, 26-year-old Scott Olsen was hit in the head by a beanbag round fired by a police officer standing less than 30 feet away from him, The Associated Press reports.

The large settlement amount stems from a variety of factors, including the nature and severity of Olsen's injuries and the negligent training of the officers.

Truck Accident Damages: How Much Can You Collect?

People often wonder how much they can get in truck accident damages. Every case is different, so there is no "one size fits all" approach to calculating damages in truck accident cases.

To determine your specific damages award, courts will examine a variety of factors.

Here are seven factors that can potentially shape the amount you can collect in a truck accident case:

NYC Inmate 'Baked to Death' in Hot Jail Cell: Report

A New York jail inmate was found dead in his cell in February, with officials citing malfunctioning equipment as to why he was "basically baked to death."

An autopsy performed on Jerome Murdough, 56, was inconclusive but initial findings indicated to officials that the mentally ill ex-Marine died of extreme dehydration or heat stroke, officials told The Associated Press. Murdough was in a cell that reportedly was overheated to at least 100 degrees.

What recourse do prisoners have for overheated cells?

'Affluenza' Teen's Family Settles With Some Victims

The family of the "affluenza" teen sentenced to probation after a fatal DUI crash has decided to settle lawsuits brought by some of the victims.

Ethan Couch's family has agreed to settle with the families of Breanna Mitchell and Hollie and Shelby Boyles -- all three allegedly killed by Couch, then 16, in June, the Dallas Morning News reports.

Youth pastor Brian Jennings was also killed in the crash, but a settlement with his family has not yet been reached.

1st GM Ignition-Switch Defect Lawsuit Filed

GM is facing a potential class action lawsuit over an ignition switch defect linked to the recall of more than 1.6 million compact cars.

The lawsuit was filed in Texas federal court on Friday, alleging that General Motors knew about the dangerous defect in 2004 but failed to fix it -- putting drivers' lives at risk and reducing the resale value of their vehicles, reports Reuters.

What does this suit mean for GM?

Who's Liable for Snowboarding Injuries, Deaths?

Although spring is right around the corner, snowboarders are still hitting the slopes. So what factors can affect liability in a snowboarding accident?

While snowboarding provides riders with an adrenaline rush, it can also result in injuries and even death. That's unfortunately what happened to a 22-year-old snowboarder who died after crashing into a tree in an off-trail area in upstate New York over the weekend, The Associated Press reports.

With that accident in mind, here are a few factors that can affect the outcome of snowboarding injury and wrongful-death lawsuits:

Miley Cyrus Tongue Slide Lawsuit Alleges Injury

Miley Cyrus' tongue slide has slid into a personal injury lawsuit. Alas, it's not the pop star's real tongue. The lawsuit involves a giant slide modeled after Miley's tongue that the performer slides down to the stage as part of her "Bangerz" tour.

So basically, she sticks out her real tongue as she rides down a massive plastic rendition of her tongue sticking out. Très meta!

A construction worker claims the tongue slide is a dangerously slippery slope.

After a Truck Accident, 5 Questions to Ask a Lawyer

After you're involved in a truck accident, choosing the right lawyer to handle your case is important. So what questions should you ask a truck accident attorney to make sure he or she is the right one for you?

Truck accident injuries and fatalities are on the rise, according to the latest government data. But unlike "regular" car crashes, pursuing a truck accident lawsuit often requires particular knowledge in areas such as vehicle codes, individual and employer liability issues, and how to deal with the trucking company's lawyers and insurance agents.

There are many factors to consider in a truck accident case, so here are five questions you may want to ask your prospective lawyer:

GM Recall Spurs DOJ, Congressional Probes

The DOJ is investigating General Motors for allegedly failing to address dangerous safety problems for years before issuing a recall.

Federal prosecutors have been joined by members of Congress, who are beginning their own investigation and will conduct hearings on GM's culpability in allegedly waiting a decade to recall 1.6 million vehicles, reports The New York Times.

With so much federal scrutiny, this may be a rough year for GM.

Ryan Ferguson Files $100M Civil Rights Lawsuit

Ryan Ferguson's attorney has filed a $100 million civil rights lawsuit on behalf of the Missouri man wrongly convicted and imprisoned for nearly a decade.

As you may recall, Ferguson, 29, was freed in November after spending more than eight years in prison for the murder of Missouri newspaper editor Kent Heitholt in 2001. The court overturned his conviction because the case was rife with evidentiary problems.

On the 10th anniversary of his arrest, Ferguson is at the center of a legal dispute again, but this time as a victim in a civil lawsuit.

Truck Accident Brain-Damage Suit Settles for $22M

A New York City woman who suffered brain damage after a hit-and-run truck crash has settled with the truck driver and his employer, Duane Reade.

The 2008 accident left Shirley Miller, 37, with brain damage, blindness, and very limited communications skills. The parties intend to settle the lawsuit for $22 million, according to Brooklyn Daily Eagle. If approved, it would be the largest personal injury settlement in New York state history, the New York Daily News reports.

Even though Miller was the only one injured in the truck accident, her parents are also a party to the lawsuit.

NYC Citi Bike Injury Lawsuit Seeks $15M

A Connecticut man and his wife are suing New York City and Citi Bike -- NYC's public bike-sharing program -- after a bike crash left the man with serious nerve damage.

Ronald Corwin, 73, of Westport, claims he flipped his Citi Bike when the front wheel struck a low barrier that was installed next to the bicycle docking station. As a result, Corwin now suffers from traumatic nerve palsy, according to the New York Daily News.

Corwin claims in his lawsuit that both the city and Citi Bike's private operator were negligent in installing the barrier. He's seeking $15 million for his injuries.

Top 10 States for Fatal Truck Crashes

The latest NHTSA report on truck accidents reveals the Top 10 states where large trucks were involved in fatal crashes. The data also shows that in some states, large trucks made up a significantly higher proportion of vehicles involved in fatal crashes than the national average.

Of the 45,637 vehicles involved in fatal crashes on U.S. roadways in 2012 (the latest year for which statistics are available), 3,802 -- or 8.3 percent -- were large trucks, according to NHTSA.

So where did most of the fatal crashes involving trucks take place?

Flushable Wipes Lawsuit Seeks Class-Action Status

The makers of Cottonelle and Costco-brand "flushable" wipes are facing a federal lawsuit that seeks class-action status.

Dr. Joseph Kurtz, a New York dentist, is spearheading the flushable wipes lawsuit effort, claiming the wipes caused major plumbing and clogging issues in his home, ABC News reports.

But what's the whole class action stink about?

Truck Accident Injuries Up 18%: NHTSA Report

Truck accident injuries are more common than you might think, with 104,000 people injured in truck crashes in 2012, according to the latest report by the National Highway Traffic Safety Administration.

That's an 18 percent increase in the number of injuries compared to 2011, when 88,000 people were hurt in truck crashes, according to NHTSA. Truck accident fatalities also increased by 4 percent, from 3,781 in 2011 to 3,921 in 2012, the latest year for which data were available.

So who fares worse in truck accidents: truck drivers or occupants of other vehicles?

Cyberbullying Victim? 3 Ways a Lawyer Can Help

Cyberbullying victims aren't just an invention of an overzealous news media. They're a reality.

According to a new FindLaw.com survey, nearly 1 in 12 parents say their children have been targeted by cyberbullies. The survey also suggests ways that a lawyer may be able to help parents deal with the issue.

Here are three ways enlisting an attorney can potentially assist a cyberbullying victim: