One recent accident in the northeast part of the United States finally reached a settlement of $17 million, which will be given to the victims and family members of two people who died in 2010 after a crash on the Delaware River.
The settlement came following the incident that occurred when passengers in a small tour boat were plunged underwater and trapped after a large barge being towed by a tugboat crashed into it. Two of the 35 passengers, a 16-year-old and 20-year-old, were killed in the devastating crash. Two members of the crew were also on board and tossed in the water.
]]> Wrongful death suits were filed against the tour boat company and the company who operated the tugboat towing the barge. Accounts from passengers depicted the horrific event, recalling rescue attempts and the cries for help from the survivors of the accident. Some passengers even had small children with them on the tour boat.The judge initially presiding over the case asked the defendants and plaintiffs to attempt to come to an agreement on their own, and they did so after about 24 hours. According to the settlement, $2 million will be split among 33 passengers injured in the accident, while $15 million will be split between the families of the deceased.
The captain of the tugboat also admitted to being distracted by his laptop and cell phone while at the helm, and pled guilty to misconduct of a ship operator causing death. He is now serving a sentence in jail.
This case can prove to be a reminder to other boating companies to make sure their operators and crews are not negligent while working. In instances when a driver or crew member is reckless and an accident results, the owners of the company can be held responsible for the damage, in addition to the negligent party.
Source: CNN, "Families of Philadelphia 'duck boat' victims get $15M settlement," Sarah Hoye, May 10, 2012
]]>The Automobile Association of America's Foundation for Traffic Safety recently conducted a study to look at the risks associated with teen drivers. They focused on factors that may distract novice drivers, including cell phone usage and driving with other teenage passengers in the car. The results were quite worrisome.
]]> When compared to driving alone, the risk that a teen will get into a fatal accident increases 44 percent when just one other teenager is in the car. When there are two passengers under the age of 21, the risk of a fatal accident doubles. If three or more passengers under the age of 21 are in the car, the chance that a teen driver will get in a fatal accident quadruples.Many steps have been taken over the last several years to prevent teenage fatal car accidents. Since 2000, graduated driver's license programs, seat belt awareness and safer cars were factors in decreasing overall fatal crashes by 50 percent. For the first six months of 2011, however, data suggests that the number of teen driving deaths is increasing.
The fact that all drivers, not just novice drivers, are becoming more and more distracted behind the wheel has been an alarming trend. Putting down the cell phone and focusing on the road can prevent many accidents. Parents of teen drivers may want to reiterate this fact and also prohibit their young driver from driving with their peers in the car until they are more experienced. Without a focus on education and awareness, a teen can be involved in causing a serious, and sometimes fatal, car accident.
Source: The Town Talk, "Study: Crash risk soars when teens ride with teens," Warren Hayes, May 10, 2012
]]>In this case, the heavy truck was also speeding when it crashed into a school bus. The school bus driver is also named in the lawsuit that was filed by the victim's family because the driver failed to take proper precautions when attempting to cross an intersection. When the truck crashed into the bus, the bus spun around and smashed into a pole.
]]> There were 25 students riding on the bus, and a total of 17 of them were injured. The young girl, who was a triplet, was the only fatality. However, her two sisters were critically injured in the accident as well. They both require ongoing medical treatment. The tragic accident could have been prevented, the family says, had there not been such negligence and recklessness exhibited by a number of parties.Neither the bus nor the dump truck driver was impaired. However, the bus driver failed to properly yield at the intersection and the dump truck driver knowingly exceeded the allowable weight of his vehicle. While neither driver has been criminally charged for their alleged negligence yet, the family wants to hold them accountable for their daughter's death. They filed a civil complaint in order to attempt to collect compensation for the extensive damage that was caused.
Source: Register-News, "Parents of triplet killed in crash sue," Jen Samuel, April 28, 2012
]]>Passengers aboard one flight are claiming the pilot of a 2010 flight was reckless when he was operating the plane while drowsy. Several of the passengers say they suffered injuries when their transatlantic flight took a terrifying 46-second nosedive towards the Atlantic Ocean.
]]> Reports of pilot fatigue have been cited as the reason for the incident. Sources say that during the flight, the pilot fell asleep for over an hour. The airline has a policy that allows pilots to take naps, or "controlled rest periods," for up to 40 minutes during flights. Because he had fallen asleep during the night, his sleep was deeper and lasted longer than allowed.When the pilot woke up from his nap, he saw an object and mistakenly thought there was another aircraft coming directly at them. The object turned out to be the planet Venus. In order to prevent the perceived collision, the pilot sent the plane plummeting towards the ocean.
The lawsuit also claims that the airline company attempted to cover up the incident by saying it was caused by turbulence. The crew tried to have the passengers sign indemnity waivers afterwards, without explaining what had happened. They were also not properly trained in the controlled rest procedures and fatigue policies.
In a response to the alleged deceitful and reckless actions of the pilot, crew and airline the passengers are seeking $20 million in general and punitive damages.
Source: National Post, "Passengers sue Air Canada for $20-million after groggy pilot sent plane into terrifying nosedive," May 8, 2012
]]>Whether a pool is being maintained by a single homeowner or the owner of an apartment complex, preventing accidents near or in the pool is critical. There should be fencing around the pool, adequate lighting, proper covering of the pool if necessary, and other procedures that go into general pool maintenance. When a property owner fails to monitor the environment around the pool, a person can drown and die in the pool.
]]> Recently, two young boys were playing near a pool at their apartment complex in Alabama. The complex is owned by a Louisiana-based company called Fountainbleau Management. According to reports, the two boys entered the pool area through a hole in a fence. Both boys drowned in the pool. The family of the boys has filed a wrongful death lawsuit against the apartment complex.The negligence involves the hole in the fence which allowed the boys to enter the pool area. Few details are available, but if owners knew about the problem and did not do anything to fix the hole, they could be negligent for allowing the hazardous condition to persist.
By failing to maintain safe conditions around the apartment pool, the owners put residents in danger. The tragedy of losing not one, but two, children in the accident is bad enough. However, the possibility that the accident could have been prevented only makes it worse. Under Louisiana law, when a person dies due to the fault of another person or business, survivors have the right to recover damages.
Source: WAAY-TV, "Family of boys who drowned sue apartment complex," April 27, 2012
]]>According to the results of the study, drivers improperly use their turn signals when changing lanes about 48 percent of the time. When making turns, people do not use their signal 25 percent of the time. This means that drivers do not use their turn signals 2 billion times a day.
]]> What does this all mean to drivers in New Orleans, though? It means that you are more likely to get in a collision caused by a neglectful signal user than with a distracted driver. With these accidents happening so often, what can be done?Surprisingly, studying the effects of turn signal usage or neglect has never been done before. This recent study, however, suggests that the behavior has reached epidemic proportions. In order to remedy the situation, some suggest that auto makers should equip vehicles with smarter turn signals. The improved signals would alert a driver who neglects it, and would also turn it off automatically after a certain amount of time.
Not using a turn signal properly is the same as not wearing a seat belt or failing to stop at a stop sign. Drivers must pay attention to their signaling or they can be involved in a serious car crash.
Source: msnbc.com, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein, May 1, 2012
]]>A truck driver has an increased responsibility to operate his or her vehicle safely. Often, these trucks are extremely heavy, so if there is an accident, the force and power of the truck causes serious damage. Because of this, it is important that truck drivers strictly obey traffic laws. When they fail to do this, innocent lives can be lost.
]]> A truck driver who failed to stop at a red light is being sued for his role in the wrongful death of a 43-year-old woman. According to the claim, the woman was stopped at a red light. Her light changed to green and she started driving through the intersection. Ignoring his own red light, a truck driver plowed through the intersection and crashed into the woman's car. She was killed in the accident.The truck driver stated that he could not stop coughing and that is why he failed to stop at the light. However, the victim's family claims that he was negligent and careless in operating his truck. How could coughing affect a person's ability to stop his or her vehicle?
The family named the truck driver and the truck company in their lawsuit. They are requesting compensation in the amount of $10 million for the loss of the wife and mother. If indeed there was negligence on the part of the driver, he can be held responsible. Additionally, the trucking company that employs the driver can be held responsible for failing to properly train and monitor the driver.
Source: Post-Tribune, "Wrongful death suit filed for crash that killed Marla Fry," Teresa Auch Schultz, April 24, 2012
]]>Because they can be very complex, however, train derailments and accidents often take some time to examine. One year ago, a train collided into another train and two men were killed. Results of the investigation that took place following the accident have just been released.
]]> According to reports by the National Transportation Safety Board, the engineer and conductor on a Burlington Northern Santa Fe coal train had fallen asleep. Their train crashed into another BNSF train which was stopped on the tracks. Although there are systems available to stop a train should they get too close to another train, those control systems were absent in this case. Both men were killed in the crash.This tragic accident draws attention to the conditions that may affect the safe operation of these enormous and powerful vehicles. Fatigued workers and absent safety measures can seriously affect crewmembers' ability to safety operate trains, buses and other forms of transportation.
Much like other transit industries, railroad companies have a duty to protect workers and provide safe working conditions. In situations when a person is injured or affected by a train accident, there may be ways to pursue compensation from those responsible for the accident. Medical costs, lost wages as well as other related losses can end up to be substantial, so seeking payment for these damages could be very significant.
Source: CBS News, "Crew fatigue likely cause of BNSF train crash," April 25, 2012
]]>Recently, a woman's family filed a wrongful death lawsuit against a construction company who they say is responsible for a fatal accident. The suit claims that the company knew they were acting recklessly and did nothing to prevent an accident from happening at the time of the accident.
]]> According to reports, the construction company knew they had a problem with their combination of a backhoe and truck trailer. They took the trailer and backhoe out on the highway for a test drive on a busy Friday afternoon. Even though the company suspected something was wrong with the setup, they still used a busy, public setting for a test drive.During the test drive, the trailer jackknifed, confirming it was unsafe. After the truck lost control, the backhoe rolled off the trailer and crashed down on a minivan. The van was occupied by a 75-year-old woman and her family. The woman died in the horrible accident. The woman's daughter and two grandchildren were also hurt in the crash.
The family of the woman has filed the wrongful death suit against the company because they knew that the combination of those vehicles was dangerous. Still, the claim says, the construction company tested it out to confirm this on a public road. Had they performed tests on a closed road or using a different method, it is likely that the woman would still be alive. Instead, the negligent company put their own needs ahead of public safety.
The victim's daughter is seeking unspecified damages. She preferred to settle the matter out of the court, but the company has not responded to them yet. Hopefully the victim's family can collect compensation for the terrible loss they suffered.
Source: WHDH-7, "Couple files lawsuit after backhoe accident death," April 18, 2012
]]>According to a recent study, older females and young drivers are mistakenly stepping on the gas, not the brake and causing accidents. And in 77 percent of the cases when the wrong pedal is pressed, the accidents occur in a parking lot or driveway. Another surprising fact is that women, more than men, are the drivers at fault. In a study by the National Highway Traffic Safety Administration, women are only involved in 40 percent of total crashes. So why are they involved in more gas pedal accidents?
]]> The report on this study is careful to draw any firm conclusions, but they also note that the ages of the drivers hitting the gas instead of the brake may be a factor as well. More often than not, these drivers are novice drivers or over the age of 76. In these age groups specifically, the brains are not fully supporting executive functions. These functions are mental processes that include planning, attention and organizing.Stepping on the wrong pedal may not make a difference on the roads, when there is more time to react and adjust. In smaller, confined areas such as parking lots, however, hitting the gas instead of the brake can lead to a pedestrian getting hit or a crash with another vehicle. In either situation, the damage sustained can be very serious.
It may not matter if a driver is young or old, male or female. In any accident, injured parties may suffer broken bones, abrasions or catastrophic injuries that affect the rest of their lives. While it is most important to seek medical treatment for these injuries first, the next step may be to contact an attorney in order to recover damages.
Source: nola.com, "Women responsible for most mistaken-gas-pedal accidents, study finds," April 13, 2012
]]>There are many rules that apply when investigating a truck accident. Federal guidelines regulate the construction and operation of trucks that are used in interstate commerce. Those that travel within the state of Louisiana, however, are governed by state laws and regulations. This can be very important to note in the event of an accident.
]]> When a person dies as a result of a negligent truck driver, however, a victim's family may choose to file a wrongful death claim against the individual driver. Recently, a woman filed a wrongful death lawsuit against a truck driver after her husband was killed by the truck's unsecured cargo.According to documents, the victim was traveling behind a large truck that was carrying logging equipment. The truck driver swerved a little and came into contact with a guardrail. After this, the piece of the logging equipment came loose and crashed into the victim's car.
The truck driver, the woman claims, was the one responsible for making sure the equipment he was carrying was secured in place prior to transporting. If the woman and her attorneys are able to prove that the driver was negligent in securing the machinery, a judge may rule that she is owed substantial compensation for the loss of her husband. She could be awarded damages from lost wages, loss of affection, pain and suffering.
Source: Hannibal Courier-Post, "Widow suing truck driver," Dominic Genetti, April 11, 2012
]]>The Federal Railroad Administration released their 2011 findings recently. On a national level, the number of vehicle-train collisions dropped from 2,017 in 2010 to 1,956 in 2011. Statewide, however, Louisiana still has some of the highest number of fatalities, injuries and collisions associated with these accidents.
]]> While the trend towards fewer fatalities and injuries is certainly a positive sign, there is still much to be done in order to improve the numbers. Safety groups, law enforcement and railroads operating in the state are working together to improve the visibility, warnings and awareness at rail crossings.While some accidents are due to distracted drivers who may not be made aware of on oncoming train, in many train accidents, people can get hurt when the crossing warning system is not working properly. In other cases, a train derails and injures passengers and other bystanders. Trains can crash from excessive speeds, defects in the rail, and colliding with objects on the track.
The fact that Louisiana is among the most dangerous states for train accidents is a sobering statistic. Until the safety and prevention methods are improved, people all across the state may be at risk for being in a vehicle-train accident. Holding a negligent party responsible for the serious damage that can be caused by a train collision is very important.
Source: The Advocate, "Our Views: Train fatalities drop in state," April 8, 2012
]]>According to the lawsuit, the parents of the 19-year-old victim claim that the Pasadena police shot their son and then tried to cover it up. Police say that they approached the young man after he was accused of stealing a backpack. They allege that the young man reached for his waistband. The unarmed young man was shot in the chest multiple times by the police. He was eventually brought to the hospital where he died.
]]> There have been similarities noted between this case and the one in Florida. In both situations, supporters of the victims claim the excessive violence was prompted by racial discrimination. Both victims were young black men who were unarmed. Both involve conflicting claims of self-defense. And in both cases, law enforcement officials are facing allegations of improper police procedures.Another similarity may be that neither of these tragic situations had to happen. According to Louisiana state law, survivors of victims who die due to the fault of another person or business may recover financial damages. From pre-death suffering to the loss of love, affection, society and other damages, monetary compensation helps a family to continue to live through a difficult situation.
Source: nola.com, "Lawsuit alleges wrongful death in police shooting," April 4, 2012
]]>It happened when a semi truck stopped at a railroad crossing on Louisiana Highway 379, as they are required to do. Two cars passed the truck. The first one passed without incident, but the second driver misjudged the situation and ended up hitting an oncoming motorcyclist in the opposite lane as she tried to pass around the semi truck.
]]> The 57-year-old victim was riding a motorcycle and wearing a helmet, but the crash was so severe that the man died at the scene of the accident.The driver of the car is a 16-year-old girl who has been charged with improper passing. She may face additional charges because the accident resulted in the death of another person. Whether the young driver simply misjudged the situation or failed to see the motorcyclist remains to be reported.
Even when a motorcyclist is obeying the law, wearing a helmet and driving carefully he or she can be the victim in a car accident. Sometimes drivers are negligent and fail to look out for motorcycles. Because motorcyclists are more exposed and vulnerable in an accident, injuries are often severe and can be fatal.
When injuries are sustained in any type of car accident, it is always important to seek medical help right away. Medical bills, lost wages and other associated costs can be quite high, so it may also be very important to then contact an attorney in order to determine whether or not financial compensation may be appropriate.
Source: Sulphur Daily News, "Two vehicle accident claims life of Westlake man," March 27, 2012
]]>Truck drivers who are intoxicated can pose an even deadlier risk. The complex and powerful semi trucks can cause serious damage and injuries in the event of a truck accident. Add alcohol and poor decision making skills into that mix, and the results could be fatal.
]]> Recently, a truck driver apparently had too much to drink before getting behind the wheel of his semi truck. Due to the delayed motor skills that present themselves when someone has been drinking, the trucker failed to stop his truck or avoid an accident when he crashed into a vehicle stopped at a stop light. The semi continued plunging through traffic and hit a second car before finally stopping. The driver in the first vehicle was trapped in his car until emergency workers could get him out. He was brought to the hospital for his injuries.A family of six was in the second car that the trucker hit. Thankfully, none of them was seriously injured. However, as is the case in many rear-end collisions, the physical effects of a crash may not appear right away.
The truck driver was arrested for alleged reckless driving and intoxication assault. The fact that he was in command of such a powerful machine at the time he was drunk is quite worrisome.
Victims of truck accidents may suffer serious and long-term injuries as a result of a crash. Because of their size, trucks can cause massive amounts of damage in even the smallest of accidents. From paralysis to death, the victims may suffer immensely. Seeking compensation for injuries or fatalities is certainly possible in these cases. Truck companies and owners may try and do everything they can to limit their responsibility, even if the truck driver was completely at fault, so working with an attorney may be very beneficial.
Source: Victoria Advocate, "Semi-truck driver arrested on intoxication charges after striking 2 pickups," Erin Pradia, March 25, 2012
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