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Westlake Village Personal Injury Blog

The Importance of a Childbirth Brain Injury Attorney

It is heartbreaking for parents to have their newborn infant diagnosed with brain damage. When faced with this painful reality, it is critical for the future that an experienced brain injury attorney is retained immediately. It is the job of the attorney to determine if the brain damage occurred during the time of birth or perinatal period and whether it could have been avoided. Disturbing fetal heart tracings that were not considered or ignored by heath care providers could be just cause for a medical negligence suit.

Permanent brain injury can result from a condition known as hypoxic ischemic encephalopathy (HIE) caused by the lack of oxygen for a brief period. 

Public Transportation Accident Injuries and Common Carrier Liability

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Public transportation ridership has shown a nationwide increase of approximately 35 percent over the past 20 years, as ground transportation systems have become more efficient and widespread. Higher fuel costs and parking issues have made the use of public transportation more attractive, especially in urban areas. Environmental awareness has added to the appeal of public transportation by reducing the production of smog from carbon monoxide emissions. With more commuters and travelers relying on public transportation, the number of accidents has risen proportionately nationwide. California has reflected that increase.

In California, businesses and government agencies that operate public transportation vehicles are considered common carriers. Their responsibility is to provide safety over and above what is considered "reasonable." They are entrusted to provide high safety standards to those who rely on them daily. 

I Was Injured at a Professional Sports Event - What Are My Rights?

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When attending a sports event at an arena, stadium or racetrack, one assumes it will be an enjoyable and safe experience. It should also be assumed that there are spectator risks involved that are inherent with the nature of each sport. This is called "assumption of risk" and it is the safety net that protects sports teams and venue owners from injury claims by fans.

Sports tickets contain fine print on the back, which rarely gets read, warning ticket holders that the team or facility will not be responsible for injuries by an occurrence which is connected to the sport. In addition, signs will warn of flying balls or pucks and announcers will ask fans to keep a head up. It is expected the fans to see the risk of injuries on the field, rink or track, as well as in the stands.

A Reasonably Foreseeable Occurrence

For sports fans waiving their right to sue for an injury, the key words are "reasonably foreseeable." 

How Much Insurance Should Trucks Carry Under Federal Law?

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There are many reasons that truck accidents happen. Truckers are often fatigued and inattentive from working long hours. Trucks require much longer braking distances than other vehicles and are not as maneuverable. Due to their high center of gravity they can turnover easily. When a large truck is involved in an accident the likelihood of injuries and extensive damage is much greater than with a passenger vehicle. Due to the potential for causing fatalities, injuries and extensive property damage, federal law requires interstate trucks to carry large amounts of insurance to shield the drivers and trucking companies from paying large claims while guaranteeing payment to innocent victims of truck accidents.

Who is Responsible for a Swimming Pool Drowning?

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Swimming pool drowning is a leading cause of death for young children ages 0-4 years old. Second only to auto accidents, it is a leading cause of death to all children under the age of 14. For every single child of any age that dies from a swimming pool drowning, ten more are treated for non-fatal submersion injuries with four requiring hospitalization according to the Centers for Disease Control and Prevention (CDC). Non-fatal submersion injury can result in brain damage from oxygen deprivation that often leads to long term disability. This disability may be permanent loss of motor skills, memory loss and learning difficulties.

Drowning is the fifth leading cause of unintentional death to people of all ages, but the highest risk group is, by far, children, ages one to four. This is followed by seniors over the age of 84. The lowest at risk are adults between 25 and 54.

How Common are Construction Site Injuries?

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Construction sites are the most dangerous workplaces in the nation. A Bureau of Labor statistics study for the U.S Department of Labor shows that there are between 5 and 6 thousand deaths as the result of construction accidents each year. Construction companies are committed to provide safety training to their employees, but despite these efforts, accidents still occur frequently. A typical construction site is a maze of hazards that can be anywhere. Picture a video game where Hardhat Harry must get from the site entrance to his station on the top of the building while avoiding ditches, dodging moving equipment and falling materials, then climbing up shaky scaffolding while watching out for exposed electrical wires the entire time. That fictional, animated, scenario would not be far from reality.

Hazardous Material Regulations and the Trucking Industry

On January 7, a truck carrying a cargo of both methanol and hydrogen peroxide, collided head on with a vehicle on I-90 near Beloit, Wisconsin. The fire from the trucks ruptured fuel tank lit up the dark early morning sky like broad daylight. Local firefighters called in a hazmat specialty team to assess the situation. Fortunately, the methanol drums did not rupture and mix with the hydrogen peroxide, sparing the emergency responders from facing a massive explosion. This was one of the most recent of many crashes involving hazardous materials on the nation's highways recently.

Hazardous materials, referred to as hazmats, are any material that has the potential to cause harm to people, the environment or property. The materials are classified as explosives, flammable gases, flammable liquids, flammable solids along with caustic liquid and solid materials. It is necessary to transport these materials and extreme caution should always be applied.

I Was Injured in a Fire Truck Accident - Do I Have a Case?

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There has been a nationwide increase in fire truck accidents and California is no exception. On June 30, 2016, an LAFD fire truck was involved in an accident involving three other vehicles, injuring four civilians, two critically. This was just one of many fire truck crashes reported in the state in 2016. The fault in that accident is undisclosed, but the investigation will show that someone was at fault.

The law gives responding emergency vehicles using lights and sirens, the right of way over all other vehicles. In other words, if a fire truck is responding to a call, get out of the way. However, emergency vehicles should not drive in a reckless manner, speed to where it endangers the public or drive through traffic signals without exercising caution.

Why Do Some People Get Injured by Airbags?

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Vehicle airbags are designed to save lives and minimize injuries in auto collisions. Airbags are designed to be a barrier between the driver or passenger and the vehicle. While some people are harmed by the airbag, it often saves their lives or prevents more serious injuries. CarandDriver.com states, "Airbags are hard enough to effectively lengthen the time of impact between you and automotive interior components. It's basic physics. The more time you take to slow a body (or head) in motion, the smaller the impact force. The airbag inflates and then immediately deflates as you impact it, decelerating you (relatively) slowly." In just 2012 alone, airbags saved some 2,213 lives, according to the National Highway Traffic Safety Administration or NHTSA. NHTSA also states about 2,000 lives a year are saved because of federal legislation mandating frontal airbags. However, not all car accident victims are so lucky. Airbags are also known to cause mild to serious bodily injury. So, why do some people get injured by airbag?

Should Seat Belts be Required on Buses?

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Should seat belts be required on buses? The answer is, "Yes" because it increases passenger safety, but there are some prohibitive reasons as to why they aren't installed on buses, not even school buses filled with youngsters. Statistically, school buses are approximately 40 times safer than regular passenger vehicles, like private cars, trucks, vans, and SUVs. Buses have advantages over other vehicles sharing the road such as riding high, having much heavier weight, and heavily padded seats. But, bus accidents aren't exactly rare and these do result in several injuries and fatalities annually.

It is now mandatory in all states to wear seatbelts while in a car as either a driver or passenger. In addition, it is also mandatory for infants and toddlers to be in specialized car seat. Given the restraint requirements in other vehicles, why don't buses have seatbelts? --About.com
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