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Horror On The Highway

By Glenn Wald

Monday, February 28, 2005

Our treasured highways can be deadly. You need to know that if you or someone you know has been affected by a road accident - and clearly another party was at fault then...

We are here for you but understand that many factors can contribute to car accidents, and sometimes multiple causes contribute to a single accident.

These factors include the following:

Driver distraction, including fiddling with technical devices as noted previously, talking with passengers, eating or grooming in the car, dealing with children or pets in the back seat, or attempting to retrieve dropped items.

Driver impairment by tiredness, illness, alcohol or drugs, both legal and illegal. MADD (Mothers Against Drunk Driving) is an organization made up of the families of the dead who were killed in car accidents caused by drunk drivers.

Mechanical failure, including flat tires or tires blowing out, brake failure, axle failure, steering mechanism failure.

Road conditions, including foreign obstacles or substances on the road surface; rain, ice, or snow making the roads slick; road damage including pot holes.

Speed exceeding safe conditions, such as the speed for which the road was designed, the road condition, the weather, the speed of surrounding motorists, and so on.

Many authorities emphasize speed as an inherent cause of accidents in itself, though most experts agree that speed alone is rarely a prime cause of accidents, though naturally a misapplication of speed can be a contributing factor, and higher speed in an accident resulting from whatever cause is more likely to have serious consequences. Critics of the "speed kills" mentality claim that this approach ignores the complex factors that are involved in accidents, and argue that it amounts to little more than a simplistic "quick fix" or political solution that does nothing to address the true causes of accidents.

Proponents state that going slower at least can do no harm, and that physics is on their side, since the outcome of an accident largely depends on the energy dissipated in a crash, and that energy rises with the square of velocity. The first person who died in a car accident, Bridget Driscoll, was killed by a car driving only 4 miles an hour.

Unsafe At Any Speed, a book by Ralph Nader, published in 1965, detailed his claims of resistance by car companies to the introduction of safety features, like seat belts, and their general reluctance to spend money on improving safety. One of the examples of the book was General Motors' Chevrolet Corvair. The criticisms of the Corvair were out of date by the time the book was published. It was true that 1960-1962 Corvairs had a suspension design which required drivers to maintain proper tire-pressure to within what some some considered to be an unreasonably fine tolerance, the suspension design was modified for the 1963 model year in order to address the issue.

GM responded in two ways, by trying to silence Nader and also by improving the Corvair's suspension. GM President James Roche was forced (on March 22, 1966) to appear before a Senate subcommittee, and to apologize to Nader for the company's campaign of harassment and intimidation.

Car accidents often carry legal consequences in proportion to the severity of the accident. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is the crime of hit and run.

Parties involved in an accident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly intoxicated or otherwise impaired at the time the accident occurred. Charges might include driving under the influence of alcohol, assault with a deadly weapon, manslaughter, or murder; penalties range from fines to jail time to prison time to death.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. Because these cases have been litigated often in the developed First World nations, the legal questions usually have been answered in prior judgments. So, the court most usually decide solely the factual questions of who is at fault, and how much they (or their insurer) must pay out in damages to the injured plaintiff.

Accidents are clearly on the rise and you need to know that we are experienced in handling all aspects of these serious injury cases. You speak to us now in fact, if you would like discuss a particular case that has affected you or someone you love. Fatal and serious injuries from automobile accident collisions require the immediate attention of an experienced lawyer. To prove the case to a jury or in a settlement conference, detailed medical illustrations and other forms of demonstrative evidence are often used to explain the collision and the injuries. We're prepared and ready to hear your story, please contact us now for a confidential and caring assessment - right now, online.

 

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Robert D. Kreisman is an attorney specializing in personal injury, birth injury, brain injury and medical malpractice.

MEDICAL MALPRACTICE   BIRTH INJURY   BRAIN INJURY   PERSONAL INJURY   MEDICAL MALPRACTICE RESOURCES   CONTACT US

Medical malpractice, birth injury and brain injury are all serious matters. If you believe that yourself or someone close to you has been the victim of medical malpractice then it is essential to contact an experienced lawyer so that you can better understand your rights and obligations without delay. Robert Kreisman is an experienced malpractice lawyer and we're here to help. Please discuss your situation with us confidentially right now, online. We're well experienced in all areas of injury and medical malpractice - and we're here for you right now.