Articles Posted in Uncategorized

Published on: Sunday night, a self-driving car operated by Uber struck and killed a pedestrian, 49-year-old Elaine Herzberg, on North Mill Avenue in Tempe, Arizona. It appears to be the first time a self-driving car has killed a human being by force of impact. The car was traveling at 38 miles per hour.

An initial investigation by Tempe police indicated that the pedestrian might have been at fault. According to that report, Herzberg appears to have come “from the shadows,” stepping off the median into the roadway, and ending up in the path of the car while jaywalking across the street. The National Transportation Safety Board has also opened an investigation.

Likewise, it’s difficult to evaluate what this accident means for the future of autonomous cars. Crashes, injuries, and fatalities were a certainty as driverless vehicles began moving from experiment to reality.

Published on:

bigstock-183366073-1024x683When a driver is involved in car accidents, after seeking any necessary medical attention, it is natural to start thinking about the costs that are going to be associated with the accident if there are any injuries or property damage involved. When the negligent driver involved is driving a company car, it is possible the driver’s employer may be responsible for the driver’s actions.

Under the tort doctrine of respondeat superior, an employer is responsible for the actions of an employee that are done in the performance of the employee’s employment duties. This means that if an employee is driving a company car, and is negligent in its operation thereby causing an accident, the employer is considered equally liable, and can be sued to seek compensation for injuries sustained in car accidents.

When determining whether or not an employer is liable for the employee’s actions, a judge or jury looks to whether the employee was within the scope of his or her employment duties, or if the employee was performing a special errand for the employer when the accident occurred. Just because an employee is driving a company car does not mean employer liability is automatic. If the employee was supposed to be driving to a specific place and instructed to return to headquarters, but instead deviated in the opposite direction at which point the accident happened, the employer might not be found liable. If the employer is not receiving a benefit from the trip, it is not likely that liability will be shifted to the employer. Additionally, if an employee is on the way to or from work, or on a lunch break, the employer is not likely to be liable under respondeat superior.

Published on:

texting-drivingTexting while driving now kills more teenagers than driving while intoxicated. Over 10,000 teens died in 2017 while they tried to send a text message when they were behind the wheel of a car. Approximately 2,700 teenagers died as the result of driving while intoxicated.

The Centers for Disease Control recently conducted a study, in which almost half of teenagers admitted to texting while driving.

Teens who admitted to sending and receiving text messages while behind the wheel also reported engaging in other risky behaviors as well. This includes driving under the influence of alcohol. Teenagers who texted while driving were five times more likely than others to drive after drinking. Young people engaging in the risky behavior were also found to be more likely to not wear seat belts.

Published on:

The TSA expects an estimated 65 – 70 million travelers this Spring Break. The week-long escape from school and work has become a tradition for some, and almost a rite of passage for college students. It’s no surprise that as the number of spring breakers rise, so do the numbers of injuries and arrests. While the worst most may suffer on Spring Break is a sunburn and a hangover, for others the damage can be far more severe.

The death toll in traffic accidents at spring break destinations spikes 9.1% higher among drivers under 25. The CDC also warns that someone is killed every 31 minutes in a drunk driving accident during normal times; during spring break, those numbers increase by as much as 23%. Binge drinking and Spring Break, unfortunately, seem to go hand-in-hand. A study by the American College of Health reports the average male will consume 18 drinks a day and the average female 10 drinks during this vacation. According to the National Institute on Alcohol Abuse and Alcoholism, during Spring Break 11% drink to the point of blacking out or passing out. Excessive drinking is responsible for more than 4,300 deaths among underage youth each year, according to the Center for Disease Control and Prevention.

A new study by researchers at the University of Miami found car-crash fatalities increase significantly at popular spring break destinations during the spring break season, from the end of February through early April .

Published on:


Drowsy driving plays a role in nearly eight times as many accidents as federal estimates suggest, according to a study released Thursday.

Using in-vehicle camera footage of thousands of drivers who had agreed to participate in the study, the AAA Foundation for Traffic Safety concluded that motorists are falling asleep at the wheel at alarming rates.

The AAA study examined more than 700 crashes, analyzing three minutes of video of drivers’ faces leading up to the accidents. They used a scientific gauge to determine whether the driver was sleepy.

Published on:

bigstock-meeting-6825017-1024x694We are all familiar with the normal ways in which insurance companies try to get us to pay more for coverage. There are fees for 24-hour service, fees for adding another car to your plan, and fees for just about anything.

According to a new law, if you happen to call your insurance agent with a question about a potential claim on your automobile policy in Texas, you could face an increase in your premium when your policy is renewed. This fun bit of Texas legislature makes it easier for the insurance companies to take more money out of your pocket, even if you don’t end up filing a claim. Texas Legislature passed a law that made it illegal for insurance companies to charge Texas insurance customers who ask questions about their homeowners policy, but insurance lobbyist pressured legislators to remove the part that protects your automobile policy.

State Senator Kirk Watson, Austin D, had originally written the bill to protect Texas insurance customers. However, he knew if he did not remove the part including automobile insurance, the entire bill would not have passed. During the proceedings to pass the bill, the insurance industry kept their opposition quiet in order to keep customers from discovering the bill. According to the legislative record, the insurance industry claimed, “Limiting the types of information that insurance companies can take into account could hinder operations and unfairly shift premium costs among policyholders.”

Published on:

More than six million car accidents occur in the United States every year. Many of them only involve superficial property damage, but it is still a jarring, emotionally taxing experience to go through.

But what if you suffer an injury? Do you know how to protect yourself and receive the medical attention you need? If you happen to get injured in a crash, the key is to remain calm and follow a few simple steps to ensure your own safety.

Seek medical help

Published on:

Hip-Death-1024x768When Dr. Stephen Tower’s right hip gave out in 2006, he asked his surgeon to implant an artificial one — specifically, a metal-on-metal hip called the ASR XL, made by Johnson & Johnson. He knew what he was asking for, but what he knew wasn’t enough to protect him from a defect in the device.

Five years after his surgery, and in excruciating pain, Dr. Tower underwent more surgery, this time to have the device replaced. When the surgeon sliced into his hip, what he saw looked like a crankcase full of dirty oil. Tissue surrounding the hip was black. Cobalt leaking from the ASR hip had caused a condition called metallosis, destroying not only local muscle, tendons and ligaments, but harming Dr. Tower’s heart and brain as well.

Johnson & Johnson withdrew the ASR XL model from the market in 2010, but continued to sell another similarly problematic model, the Pinnacle, until 2013.

Published on:

Ford Motor Co. is warning owners of nearly 3,000 older Ranger pickup trucks not to drive them after learning that a driver was killed last year when a defective air bag made by Japanese supplier Takata Corp. ruptured in a crash.

Ford said the death happened on July 1 in West Virginia and was reported to the auto maker on Dec. 22. Ford inspectors confirmed days later that a faulty Takata air bag inflater ruptured, “resulting in a driver fatality,” the company said in a statement.

The fatality brings the death toll from defective Takata air bags to 15 in the U.S. and 21 globally, along with hundreds of injuries. Defective inflaters cause the air bags to rupture with too much force, spraying shrapnel inside the vehicle.

Published on:

eggshell-300x292In personal injury cases, there are times where an injured party has had a pre-existing condition that was exacerbated by the accident.

As a result, the plaintiff’s injuries are more severe than they would have normally been had the plaintiff not had the pre-existing condition.

For example: suppose someone is rear-ended in a car accident. One week before the crash, the person had neck surgery.

Contact Information