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Types
of 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.
Traffic
Accidents - NHTSA Report
The number of traffic deaths rose last year to its highest
level in more than a decade. According to the National Highway
Traffic Safety Administration (NHTSA)
an estimated 42,850 people were killed in crashes nationwide
last year. More than half this increase deaths were the result
of rollover crashes involving Sports Utility Vehicles (SUVS)
and pickup trucks, known for their propensity to flip over.
Heavy drinking and a greater number of motorcyclists on the
road were also significant contributing factors to the steep
rise in traffic accident deaths.
Cars
- Serious injuries on the rise
According to the National Highway Traffic Safety Administration
(NHSTA),
last year there were an estimated 6.2 million car accidents
in the US resulting in more than 3.1 million injuries and
more than 42,000 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. Careless actions by
negligent motorists account for a significant number of all
serious accidents.
SUVs
- Last year's death toll highest in over a decade
Last year 10,626 were killed in SUV rollover accident, 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.
Motorcycles
- Death toll rises for fifth consecutive year
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
3,276 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 2001 report, 36 percent of motorcycle crashes
were caused by a vehicle turning left while the motorcycle
was going straight or passing.
Trucks
- Significant increase in number of deaths
According to the NHTSA,
in 2000, there were 453,000 large truck accidents resulting
in 5,362 fatalities and approximately 42,000 injuries. 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 - 17% increase in number of 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 647 people have been killed in crashes and
1,200 injured in passenger van rollovers. Most of the fatalities,
492, occurred in single-vehicle rollovers, in which the vans
flipped over without colliding with other vehicles.
Work
Related Injuries
According to the U.S. Department of Labor (USDOL),
5,650,100 Americans suffered work-related injury or illnesses
and 5,915 Americans died as a result of work-related injuries.
Many of these injuries and deaths were the result of unsafe
working conditions, practices, or work environment brought
about by employer carelessness or wrongdoing.
Slip
and Fall Injuries
According to the National Safety Council (NSC)
over 540,000 slip and fall injuries, requiring hospital care
occur each year and account for 300,000 disabling injuries
and 20,000 deaths. Slip and falls are the number one cause
of injuries in hotels, restaurants, and public places and
the leading cause of death at the workplace.
Personal
Injury & the Law
The law allows 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.
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