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Injury Law Blog

Millenial drivers: they're the worst.

A common suspicion, finally backed by science: millennial drivers are the worst. 

A study by the AAA Foundation for Traffic Safety has confirmed the anecdotal belief that millennial drivers are highway hazards. In particular, the study finds that 88% of drivers aged 19 to 24 have admitted to engaging in risky behavior while in operation of a motor vehicle, including texting while driving, running red lights and stop signs, or speeding in one month alone.

End deaths due to medical error: a millionaire's mission

"How do we put an end to the preventable deaths that occur daily inside of hospitals and other health-care facilities?"

This question plagues a lot of people across the medical field. While many work day-in and day-out to reduce deaths due to medical error, Joe Kiani is attempting to take a huge leap forward, by galvanizing medical technology companies to come together and push for open communication. 

The changing landscape of workers' compensation

According to both doctors, lawyers and insurance professionals, the workers' compensation landscape has changed–and is changing–in significant ways.

In particular, some factors are responsible for the changing the face and application of the industry over the past decade, including the opiate epidemic and the increasing online presence of the everyday worker. 

The terrible imbalance of power on our highways

truckcrash2-T.JPGNothing gives a driver the chills like the shadow of a large commercial vehicle blocking out the sun. You know your chances of surviving a truck-altercation are slim.

Here are the statistics

Nearly five percent of all highway vehicles are commercial in nature. While you in your car are carefully transporting people, these are other vehicles are transporting goods, in a rush to meet delivery schedules.

You are using the highways for very different purposes, and you, the car driver, are at a distinct disadvantage. Fully loaded big rigs weigh in at 40 tons; your car is two tons at most. You are just a speck on a big truck's windshield.

It is no secret that people in passenger cars are much less likely to survive a truck crash than the drivers of the trucks. Auto passengers account for 97 percent of all deaths in car-truck collisions.

In the year 2010 (the most recent year we have statistics from), California was the state with the second highest level of fatalities. Of 2,715 fatal traffic accidents that year, 235 involved a commercial vehicle. Fully nine percent of highway deaths in our state were from car-truck crashes.

Audi recalls 600,000 automobiles after fire, airbag scare

German luxury automaker Audi is reportedly recalling nearly 600,000 vehicles due to blocked coolant pumps which could cause fires, as well as corroded airbag inflators, according to CNet.

Specifically, Audi is recalling some A5 and Q5 models, from 2013 to 2017. Safety concerns are the cause of the recall, with the company fearing that debris may clog some of the electric cooling pumps of their cars, leading to overheating and possibly even fires. 

OSHA under the Trump Administration. What can we expect?

The Occupational Safety and Health Administration (OSHA), the regulatory agency in charge of worker safety and health, will almost certainly take a new direction under the guidance of the Trump Administration, according to an article by Safety and Health Magazine.

While the new direction and the timeline of its implementation will almost certainly be decided by President Trump, labor-law experts and other professionals have made some predictions and educated guesses about the future of the agency, and what changes could be expected by employees and workers across the United States. 

Tesla's autopilot car not liable in deadly accident

On May 7th, 2016, Joshua Brown was driving his Tesla Model S car on a state highway in Florida, using the Autopilot system so he could drive hands free. However, on that day, the Model S crashed into a tractor trailer that crossed the road in front of Mr. Brown's vehicle at 74 miles per hour. Mr. Brown was killed in the crash.

The question then arose: how responsible was Tesla and the car's Autopilot system for Mr. Brown's death?

What's with all the Latin legal terms?

pillars-T.JPGHow did "people suing insurance companies" become such a thing?

First of all, it is important to think of "law" as an alternative to war and violence. Three thousand years ago, no one had rights. Powerful parties were free to pillage, rob and slaughter. You couldn't take these people to court.

A tooth for a tooth

In ancient Babylon, the ethic of "an eye for an eye, a tooth for a tooth" evolved. It appears in both the code of Hammurabi and in the Torah. It evolved not to protect the little guy, but as a way for competing factions to avoid bloodshed. If a henchman of one band lost an eye, he was able to literally "sue" for the plucking of his attacker's eye. Eye-for-an-eye established proportionality as a principle: one eye for one eye, and no more.

Gradually, a legal profession formed to represent these factions. In Greece and Rome, lawyers represented parties who were wronged or harmed, seeking satisfaction. Lawyers were seen as friends of the plaintiff who knew the right things to say in court. By the first century AD, lawyers were seen as an actual profession.

When the latest new product puts you on your back

stretcher-T.JPGDangerous products, also called product liability, is an area of law that is familiar to people, but at the same time surprisingly new.

Familiar cases involve defective tires and brakes, water heaters that cause fires and scaldings, and everyday products that fail to contain necessary safety instructions. Our firm has been effectively seeking compensation for such injuries for years.

But because ours is a dynamic and innovative economy, new dangers are always crowding onto the market. These new dangers have little case law behind them, so they can require new thinking and up-to-date knowledge of the law as it evolves.

Examples of these new issues:

Driverless cars. Five years ago, no one was talking about autonomous vehicles. Now we are on the brink of major rollouts of driverless cars and trucks. Litigation will swing from negligent drivers to negligence owing to poor design, a bug in the software, mechanical failures and unforeseen situations.

Flammable cell phones. You remember the massive recall of Samsung smartphones in 2016. Chances are, another product will cause similar injuries in the weeks and months ahead. Samsung this week announced that the firs were caused by batteries that were the wrong size,

Exploding e-cigarettes. Electronic cigarettes were supposed to be a safer way to get nicotine into your system. But they're not safe when they explode in your pants pocket.

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