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Parents Seek to Sue Text Message Sender in Accident

Wednesday, May 23, 2012

In spite of laws banning the use of cell phones and texting while driving in California, Thousand Oaks car accident lawyers have found that the practice continues. An interesting case out of New Jersey that is being widely watched across the country could have a dampening effect on the practice of distracted driving in that state.

Two persons, who were seriously injured in a motorcycle accident caused by a driver who was sending and receiving text messages while driving, are suing not just the driver, but also the person who was sending the text messages.

The couple was riding a motorcycle in 2009, when the motorcycle collided head-on with a truck. The driver of the truck was texting with a friend at the time. He was 19 years old.

The driver pleaded guilty to charges of using a hand-held cell phone, a practice that is banned in New Jersey. He was also charged with several other offenses, and was sentenced. The 2 motorcyclists meanwhile filed a civil lawsuit against him, claiming damages. However, they have now also added the girl who was texting with the truck driver at the time of the accident, to their lawsuit.

According to their lawyer, the girl can be held liable for damages in the accident, because she probably knew that the truck driver was texting while driving, and continued to text anyway.

Her attorneys insist that she cannot be held liable for any text messages that she sent to the driver because she wasn't the one driving the vehicle. She was not physically present in the vehicle, and she assumed that her text messages would be read only later when it was safe do so.

A judge will soon decide on the merit of the lawsuit. If the judge decides that the couple can sue the young girl for sending text messages to the driver, then it would send an entirely new precedent for action against persons accused of causing distracted driving accidents.

Older Drivers More Likely to Be Involved in Accidents at Intersections

Monday, April 30, 2012

That older motorists face serious challenges when they drive is no secret to any Thousand Oaks car accident attorney.; These drivers face physical challenges, including failing vision and hearing which can affect their ability to drive safely. A new study finds these that these drivers may be much more likely to be involved in accidents at intersections, because of their inability to scan and screen relevant information in certain regions in their environment.

According to the researchers, senior drivers seem to be much more likely to be involved in right-of-way accidents that occur at intersections. In these accidents, Thousand Oaks car accident lawyers typically find that driving hazards emerge from the driver’s side. Senior drivers seem to be less likely to process information that emerges from the side, possibly because they are concentrating so heavily on avoiding hazards on the road directly in front of them.

According to the researchers, senior drivers are at a high risk of accidents, because they have diminished cognitive abilities, like a narrowing of their useful field of view. Also, these drivers are more likely to be involved in such accidents, because they are less likely to judge a vehicle’s speed properly.

Additionally, the physical challenges that senior drivers face, like a lowered ability to control the movement of the vehicle, probably reduces their ability to avoid such collisions. Reflexes also have a lot to do with these accidents. Senior drivers may be less likely to turn their heads quickly to look for an accident hazard approaching from the side.

Interestingly enough, the inability to scan for accident hazards is one crash factor that is present in accidents involving teenage drivers too. However, among young drivers, the reasons for this are inexperience, and lack of driving skills. However, it’s slowing physical and mental abilities that prevent seniors from scanning for accident hazards adequately.

Older Drivers Are Safer Than We Believe

Monday, April 09, 2012

Older drivers are not just proud of their driving privileges, but are also able to avoid dangerous situations. This is probably one of the reasons why these drivers are involved in fewer auto accidents compared to many other categories of motorists.

Approximately 90% of senior citizens who participated in a recent survey by the AAA said that it was important for them to retain their driving privileges, and that they would do anything to keep themselves safe on the road in order to continue to retain their driving license. Contrary to what many people believe, many senior drivers do not take unnecessary risks with their safety, or the safety of other drivers.

Approximately 50% of the seniors in the study avoided driving at night, when visibility is poor, and the risks of an accident are greatly enhanced. More than 60% of the seniors in the study admitted that they avoided driving in poor weather. Slippery roads, fog and blinding rain can increase a senior’s risk of an accident. Fortunately, many seniors prefer to stay indoors when the weather is bad.

Approximately 42% of the seniors avoided driving in heavy traffic conditions. About 37% of them admitted that they avoided driving on unfamiliar roads. Driving on unfamiliar roads could lead to a senior motorist driving in the wrong lane, or being distracted trying to look for the road.

The study’s findings are extremely encouraging to any Burbank car accident lawyer. However, it is recommended that family members of senior citizens look for signs of deteriorating driving abilities, and take steps to prevent the motorist from driving anymore. However, taking away the driving privileges of a senior driver is a sensitive matter, and should be approached with great tact and caution.

Modesto Woman in Dog Bite Incident Wants Animal Put Down

Wednesday, March 28, 2012

A Modesto woman, who sustained serious injuries in a dog bite attack last week, is calling for the animal to be put down immediately.

The attack occurred when the woman was visiting a home in Oakdale. She was standing outside the house when she was attacked by the dog, a German shepherd. She suffered bite injuries to her hand.

Fortunately, her injuries were not life-threatening. The woman has filed a report with animal control. She is asking for the dog to be put down.

According to the owner of the dog, the dog is typically tied in the yard, but was outside on the day of the attack. The owner has apologized for the attack, but says that he will not have the dog put down, because it is not an aggressive or vicious dog. The owner also says that he is increasing fencing around his property, to make sure that the dog does not leave the property again. Under California law's, dogs that are involved in multiple injurious attacks must be put down.

The dog is currently in quarantine for 10 days, and is not allowed out of his owner's property. However, according to the victim, the animal has been out of the property during this quarantine period. A German Shepherd can be aggressive and strong enough to inflict serious damage during an attack.

There is no information about whether the animal was involved in any previous attacks. However, it seems clear to Burbank dog bite lawyers from this incident that the woman did nothing to provoke this attack. She did not approach the dog, and did not try to pet it or touch it. In fact, she had no warning of the attack at all. There was no growling, nor barking, before the animal attacked her.

Car Accident Victims with Brain Injury Could Benefit from Aggressive Treatment

Thursday, March 08, 2012

Expensive forms of treatment for brain injury like invasive surgery, could be costly in the short-term, but lead to better outcomes for patients in Burbank. According to a study by researchers at the University Pennsylvania’s Perelman School of Medicine, aggressive treatments on a 20-year-old patient cost as much as $100,000 less over the long-term, and led to better patient outcomes.

The results of the study have been published in the Journal of Neurosurgery. The researchers compared aggressive treatment with more routine care. The biggest focus was on the short-term as well as long-term costs of these treatments.

Burbank personal injury lawyers find that the kind of routine care that brain injury patients are typically subjected to is much less expensive, but is widely used. Aggressive treatment costs more, but, according to the researchers, could lead to a much better prognosis for the patient. Aggressive treatments like surgery also help contribute to a better quality life for the patient after the surgery. Additionally, these treatments ensure that the person has lower medical and other costs over the long term.

Invasive surgery as a treatment for brain injury is controversial. Surgeons have been performing decompressive hemicraniectomies for a while now. This is a surgery in which a part of the skull is removed to alleviate pressure on the brain.

The researchers found that the maximum benefits of aggressive treatment for brain injury could be seen in younger patients. However, that doesn't mean that elderly victims cannot benefit. Even patients in their 80s can benefit to some extent from aggressive treatment.

Approximately 200,000 people are hospitalized in the United States every year after suffering a brain injury. An overwhelming majority of these injuries occur in automobile accidents, as a result of slip and fall accidents or during violent assaults. These injuries cost the US economy approximately $60 billion a year.


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