Brooks Law Group - Fall 2004 Newsletter

Our Newsletter

SLIP & FALL ACCIDENTS: NO LAUGHING MATTER
Fall 2004

When a cartoon character slips and falls on a banana peel, we laugh. When you slip and fall, it is not so funny. In fact, injuries caused by slipping and falling are the second leading cause of accidental deaths, ranking behind only car accidents.

Although we can lose traction and fall down almost anywhere, slips and falls often happen in public locations where a lot of people are coming and going. These accidents are caused by any number of different circumstances, including potholes in parking lots, spilled liquids on floors, defective stairways, and uneven sidewalks.

Generally, a property owner has a legal obligation to keep property that others may use in a reasonable state of repair and to warn and protect people from known dangers. This obligation may mean that the owner must rope off the cracked tile on the floor until it can be fixed, mop up the puddles that form around the front door when it rains, or clean up the spill on aisle six as soon as it is discovered. This sounds like common sense, but it is surprising how often property owners overlook such remedies, resulting in unnecessary injuries.

If you fall and injure yourself on someone else's property and you can prove that the property owner is responsible, you may have a legal claim for damages. You may be entitled to recover your medical expenses, loss of earnings, and compensation for pain and suffering, as well as other damages related to the mishap. However, there are many exceptions, special rules, and other factors that can affect a slip-and-fall case. If you are injured on someone else's property through no fault of your own, call us immediately. We will go to work for you and get you everything that you deserve under the law. Remember, in real life a slip and fall is no laughing matter.

IF YOU SLIP AND FALL AT A STORE
If you fall and injure yourself at a store, it is important to get as much information as possible to help you prove your case. Try to keep your wits about you. Although it is often hard to remember to do so after being injured:

• Get the names, addresses, and telephone numbers of witnesses--both customers and employees. If you cannot do this at the time of the accident, do so as soon as possible afterwards.

• Get a good look at whatever you tripped over or slipped on. Get pictures if possible.

• Pay careful attention to anything the employees might say. If any of them admit to knowing about the hazard, be sure to get his or her name.

• Do not give a statement about what happened and DO NOT SIGN ANYTHING until you have spoken with us.

• Call us. We have successfully represented many slip-and-fall victims and we are available to discuss your case with you.

TIRED TRUCKERS
We all know that feeling: the uncomfortable knot in our stomach we get when we look in the rear-view mirror and see a large tractor-trailer bearing down on us. Even though most trucks are driven safely, the fact is that no matter how big the car you drive, these big rigs are much bigger and will cause more damage in any accident. Unfortunately, the number of accidents involving tractor-trailers and automobiles is on the rise, increasing the danger to automobile drivers.

As you might expect, collisions between large trucks and automobiles are especially deadly for the people in the automobile. Federal statistics show that 14 people die each day (over 5,000 each year) in crashes involving large trucks. What is less well known is that the number one cause of large truck crashes is not defective equipment, traffic hazards, or drunk driving but, rather, driver fatigue--in other words, tired truckers.

Federal law both limits the maximum number of hours a truck driver is supposed to drive and prohibits truckers from driving if they are "impaired through fatigue." Even so, more and more big-rig drivers are taking to the highways without enough sleep. There are several reasons for this, including the relaxed industry regulation that has resulted in less-experienced truck drivers on the road. This same deregulation has also increased competition among trucking companies, escalating the pressure on drivers to complete their routes quickly. And, changes in the way goods carried by truck are distributed, such as "just in time" delivery, have resulted in tighter deadlines for truckers. All of these factors mean that the pressures on truckers to ignore the law and complete their deliveries even if they are too tired to drive safely will only increase.

Although recent cases involving truck-automobile accidents have resulted in tens of millions of dollars in damages, all of these cases have one common element: The automobile passengers are dead. If you are aware of the dangers tired truckers present, you can avoid becoming a statistic. Take a look at the box below for some helpful safety tips.

STEER CLEAR OF BIG RIGS
Remember that a large truck has a large blind spot. If you are driving in the truck's blind spot, the truck driver cannot see you. Either stay behind the truck or else pass it quickly.

Do not follow a big rig too closely. Large trucks block your view of hazards further down the highway, and a tired trucker might not brake soon enough to give you the warning you need to avoid a collision.

If in doubt, give the truck a wide berth. A car almost always loses in a collision with a large truck. The best way to avoid such accidents is to avoid the trucks.

WE APPRECIATE YOU
Thank you for choosing our firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away.

We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks!

CASE BY CASE
Sometimes an injury lawsuit has less to do with fault and more to do with the amount of damages that should be awarded. A professional violinist suffered severe injuries when a car ran a red light and crashed into the car in which she was a passenger. There was no question that the driver of the car that ran the stoplight was at fault, but the issue was what the future would have held for the violinist.

Although she had never made more than $30,000 per year and had been unemployed for 10 months prior to the accident, the violinist was considered world class with the potential of earning a spot with a top orchestra. The jury agreed that her bright future had been dashed by the accident and awarded her $5 million in damages.

WHAT IS MY CASE WORTH?
When deciding whether to sue for an injury caused by another's carelessness, the first question people usually ask is "What is my case worth?" The answer depends on what kind of damages were caused by the other party's negligence.

Some damages that are recoverable are easy to see. If a negligent driver runs into your car and injures you, you can recover the cost of repairing or replacing your car and the cost of your medical bills related to the accident. You can also recover any lost wages because of time you missed from work due to your injuries.

Other kinds of damages are harder to see. If you have been hurt, you can usually recover something for the "pain and suffering" caused by the injury. You can also recover for things that are likely to happen in the future because of the injury you have suffered. An example would be any permanent disfigurement or any ongoing impairment caused by the injury that is serious enough to permanently affect your ability to lead your life or earn a living. If the lingering effects of your injury mean that you cannot perform the same work or play the same recreational sports you did before being injured, this ongoing loss should be compensable, even though the amount of the loss is often hard to accurately estimate.

Your spouse and family may also be entitled to recover monetary damages because of the injury you suffered. If your injury prevents you from performing the "household services" you would have otherwise done, such as cleaning the house or mowing the lawn, these losses are worth something. So are the emotional damages to your relationship with your family caused by your injury. These damages are called a "loss of consortium."

In short, the damages that may be recovered in a negligence lawsuit include almost every kind of damage that is caused by the negligence. If you have any questions about whether you can recover for an injury you have suffered, please contact us. Every case is fact-specific, and we would be happy to discuss your situation with you.

TOY SAFETY
Although Christmas is still months away, it is never too early for parents to be thinking about toy safety. Given the number of toys the average child has, concerns regarding toy safety should never be far from mind.

• Before allowing your children to purchase a toy or giving a toy as a gift, you should read any warning labels. These labels usually carry recommendations about the minimum appropriate age for a given toy. The labels also tell what precautions should be taken when using the toy. Make sure to follow these recommendations.

• Use your own good sense. For example, bicycles are associated with 300 deaths and 400,000 injuries to children under the age of 15 every year. However, the danger of injury can be greatly lessened if parents simply require their children to wear a helmet.

• Infants and small children need special consideration. Look for sturdy, well-constructed toys without sharp edges. Don't buy toys for children under the age of three that have cords or strings, because they can become wrapped around the child's neck. Avoid toys with small parts that can be removed because small parts present a choking hazard. Deflated balloons can also cause a child to choke.

• Finally, never rely on someone else to determine which toys are safe for your children. Recently, a national fast-food chain had to recall a toy distributed as a prize in its children's meals because the toy presented a choking danger to small children. The toy was advertised as being safe for children as young as three years old.

WHY ARE MY RATES SO HIGH?
Have you ever wondered how insurance companies determine what to charge drivers for auto insurance? The answer is surprisingly complex, because the insurance companies consider many different factors in setting your rate.

The first factor encompasses "personal" matters, those that are based on who you are. Personal matters include your age (younger drivers are charged higher rates; older drivers often qualify for discounts) and marital status (married drivers often get discounts). The second factor is your driving record. Clearly, a driver who has been in a number of accidents will pay more than a safe driver who has never been in an accident. The third factor depends on the policy you buy. A commercial policy covering a delivery truck that drives around all day will usually be more expensive than a policy for the family car. Also, if you choose a policy with a higher deductible, your rate usually will be lower. Finally, the amount you pay depends on the kind of car you have and where you live. A luxury car costs more to insure than a clunker, and cars in urban areas are more expensive because they are more likely to be damaged in an accident or stolen.

Many factors determine how much you pay for insurance. Although you cannot control all of them, knowing what they are can help you lower your insurance rate.

If you are interested in receiving help on your potential case, please contact us for Free Case Evaluation (Secure Online) or call The Brooks Law Group at 1-888-We-Mean-It.

Please be sure to provide us with as much information as is reasonably available. The quality of our evaluation is dependent upon the accuracy of the information you provide to us.

Any initial consultation with the Brooks Law Group is free. For more information, call us at 1-888-We-Mean-It, or by e-mail.

Practicing In:

Wrongful Death

Personal Injury

Medical Malpractice

Auto Accident Injuries