Slipping and Falling Accidents

A property owner has the legal responsibility of making his property safe. If he fails to do this, and a person ends up getting hurt, he may be held accountable for the damages, such as the medical costs of treating the victim’s injury and the lost wages as the victim has not been able to work because of the physical limitation. This is called premises liability.

According to the website of these Tucson accident lawyers, slip and fall accidents are under premises liability. But what is a slip and fall in the first place? A slip and fall is just what those words suggest – you slip in the property and fall strong enough into the ground to get injured.

The main component of a premises liability case is the negligence of the property owner. This also applies for slip and fall accidents. If it can be proven that the property owner has been negligent, and this negligence has resulted into the injury of another, then it may be a legitimate premises liability case.

But how can a property owner be negligent? There are three conditions:

  • He has created the dangerous condition that has led to the slip and fall accident
  • The dangerous condition has been there long enough to be seen and fixed by a reasonable property owner
  • Because of the property owner’s failure to see or fix the condition, the condition ends up hurting another person

Most of these conditions are the result of the lack of maintenance, such as the following:

  • Buildup of ice, rainwater, or snow in the sidewalk
  • Buildup of leaves and other debris
  • Cylindrical objects that may rollover, like pipes
  • Defective facilities, like elevators, escalators, and stairs
  • Unattended slippery materials on the floor, like spilled drinks
  • Worn carpets, rugs, and other textiles on the floor

Property owners should regularly clean their premises, inspect their facilities, equipment, and furniture, and have enough security to see potential hazards like spilled water. They owe it to themselves and their visitors to make their premises safe.

It is a Property Owner’s Responsibility to Ensure the Safety of Their Premises

Slip and fall accidents are among the top causes of serious injuries in the U.S. Data from the National Safety Council (NSC) Injury Facts show that there are more than 8 million victims of this type of accident every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow), and the ones who are most prone to it are people 55 years old and above. Though it may just be a simple accident to many, it is enough to alter an elderly victim’s life and make him/her incapable of further enjoying years filled with worthwhile activities.

A slip and fall accident can occur in any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premises – to make sure that everything is safe. If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, the victim of such lack of concern, carelessness or negligence, is someone who is totally unaware of a possible slip or trip hazard.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident due to their negligence, a claim lawsuit is sure to follow. This is clearly indicated in an article posted at www.zavodnicklaw.com. This article says, whether you are visiting a store, walking along a sidewalk, or simply out and about, you expect a reasonable level of safety from environmental danger. At the very least, you want adequate warning when there are unsafe conditions. However, there are times when unsafe conditions crop up without warning and cause people to get hurt. It is a property owner’s responsibility to ensure the safety of their premises. When they fail to do so, injured people can hold them accountable for allowing dangerous conditions to persist.

Truck Driver Errors

Most traffic accidents happen because of driver error, and truck accidents are no exception to this. Most of the time, the truck drivers are at fault. It can be argued that truck drivers should actually be more careful compared to ordinary drivers, because the vehicles they operate are much heavier and larger. It will not be wise to trigger an accident.
The website www.kff-law.com mentions that those who have been hurt in truck accidents because of somebody else’s fault, like the truck driver’s, may pursue legal action against the responsible parties, such as trying to get compensation from the damages they have sustained.
This means that truck drivers are legally obligated to operate safely. But to do so, it is important to enumerate the most common truck driving errors, so they can cautiously avoid them.

Obviously Reckless Behaviors

Doing obviously reckless behaviors while on the wheel is just unacceptable. Firstly, the behaviors are known to be dangerous already, so there is no reason for truck drivers to do them. Secondly, choosing to do the obviously reckless behavior is also negligent, because they are operating vehicles that may have high impacts during road accidents. Below are the most common behaviors that are obviously reckless:

  • Driving while fatigued, especially when intentionally doing so just to fulfil a quota or a specific task
  • Driving while under the influence of alcohol, illegal drugs, medication, and other products that may cause impairment
  • Speeding, either by going above the speed limit or driving too fast when the road and weather conditions are considered
  • Blatant disregard of traffic rules, particularly right-of-way and turning issues

Faintly Reckless Behaviors

Some reckless behaviors are not as obvious as drunk driving and speeding, but they are just as equally dangerous. Some of these behaviors drivers know to be reckless but do anyway because they are not as threatening as other reckless behaviors, while some arise from the drivers’ ignorance. Below are the most common ones:

  • Driving with excessive weight, usually in the form of too much cargo in the trailer
  • Failing to maintain the truck, making it more prone to wear and tear and defects
  • Getting too close to other vehicles, like tailgating and weaving through traffic
  • Not considering blind spots while driving, considering that trucks have wider blind spots compared to other vehicles
  • Not using turn signals, especially during turning movements in intersections

When Employer Negligence or Truck Driver Error Leads to a Preventable Accident, They Believe Those Who Suffer Deserve Just Compensation

An 18-wheeler, also called semi-truck, big rig or tractor-trailer, weighs about 80,000 lbs., making it 20-30 times heavier than a passenger car. While this weight can make this type of vehicle incredibly tough in road crashes, the same feature is source of great disadvantage where braking or coming to a full stop and many other concerns are the issue.

Compared to other vehicles, especially an ordinary passenger car which, at the speed of 65 mph, will require about 316 feet before coming to a full stop, an 18-wheeler will take 525 feet to stop fully. This longer stopping distance alone makes big rigs threats on the road. Due to this, it is very necessary that truck drivers are fully trained, licensed, not feeling fatigued or sleepy, and totally sober and focused on the road whenever behind the wheel.

While the first three necessities (mentioned above) are never or seldom problems, certainty on truck driver sobriety is still a big question. As shown in a number of studies, many truck drivers have been found intoxicated or high on drugs while driving – a very serious traffic violation due to the high risk of injury they put themselves and, especially, other motorists in.

The blood alcohol concentration (BAC) limit for drivers of passenger cars is 0.08%; for truck drivers, however, the limit is much lower: 0.04%. Semi-truck drivers with a 0.04% BAC can result to DUI, while if caught with a 0.02%BAC, they can be suspended from operating their truck for a total of 24 hours.

Truck accident lawyers from the firm Mazin & Associates, PC, know that “Heavy haul trucks are by far some of the most difficult vehicles to operate. Their large size and mass lead to numerous safety hazards, including bad brakes and large blind spots. These safety hazards only worsen when the bitter winter comes and the already limited traction of the road decreases even further. Trucks are very accident prone and when a truck accident occurs it is almost always devastating for everyone involved.

Said truck accident lawyers also understand the “necessity for heavy haul trucks to deliver goods across the country. However, when employer negligence or truck driver error leads to a preventable accident, they believe those who suffer deserve just compensation.”

Factors that Greatly Contribute to Head-on Collision Accidents

For many years now, motor vehicle accidents in the U.S. have always gone beyond five million, resulting to more than 32,000 fatalities and more than two million injuries. About 2% of these five million motor vehicle crashes is head-on collision. Though this type of accident occurs much less frequently (compared to fatal alcohol-related accidents, for example), it, however, results to more than 10% of the 32,000-plus driving fatalities. Non-fatal head-on collision accidents can most likely result to life-altering injuries, such as spinal cord injuries, brain injuries, broken bones, and paralysis, among others.

According to the National Highway Traffic Safety Administration (NHTSA), head-on collisions are among the most dangerous types of auto accidents. Driver error is the major cause of car accidents, including and especially, head-on collisions. Factors that greatly contribute to this type of accident include: inattention or driving while distracted; a driver drifting into oncoming traffic; a driver who, knowingly or unknowingly, drives the wrong way on a highway or residential road; making a dangerous passing maneuver; driving at excessive speed; driving while intoxicated; or, falling asleep at the wheel. These, as well as many other possible causes of head-on collisions, are often due to negligence or reckless road behavior, which can easily be prevented.

Head-on collision is one type of accident that drivers never even want to think of possibly getting involved in – due to its severe consequences. To help make sure that this will never occur in large highways, where vehicles run at fast speeds, some local governments have installed stretches of steel wire cable to prevent vehicles from one lane from ever drifting to the other.

West Palm Beach car accident lawyers believe that a driver, whose negligence or recklessness causes a head-on collision accident, should be held liable for the consequences of his/her carelessness. Due to the difficulty and challenges facing authorities in determining fault in head-on collision accidents, however, one who claims to be a victim may find it necessary and advantageous if he/she would hire a seasoned personal accident lawyer who will be able to represent him/her well in court.