Auto accident
Every motor vehicle accident case raises at least three questions:
1) Who was at fault?
To be entitled to damages under Virginia law, you must prove that someone else was at fault in causing the accident. Sometimes the question of fault is easily determined, such as when someone for no legitimate reason drives through a red light and collides with someone who is lawfully in the intersection. What, you might ask, could be a legitimate reason for driving through a red light? Well, the answers are endless - mechanical failure, sudden illness, or anything else that the driver is unable to control. Until your opponent concedes liability for the accident, you should take nothing for granted. For example, contrary to popular belief, a driver who drives into the rear of another car is not automatically at fault under the law. Fault is a threshold question without first establishing fault, the case cannot proceed.
2) What are the injuries?
The amount that an injury victim is entitled to recover from a negligent driver is usually determined by the extent of the injuries, although in some cases the defendant’s conduct is so outrageous that the injured victim can also assert a claim for punitive damages. The most common elements of compensatory damages in motor vehicle cases include bodily injuries and their effect, past and future medical expenses, past and future lost wages, future lessened earning capacity, disfigurement, inconvenience, pain, and suffering. Virginia law sets no limit on the dollar amount an injury victim can recover in compensatory damages.
3) Is there adequate insurance coverage to fully compensate you for your injuries?
There are many potential sources of insurance coverage from which you might receive compensation for your injuries. The insurance coverage types (click here for more info) available to automobile accident victims fall into three categories: liability coverage; uninsured/underinsured motorist coverage; and medical expense coverage (also known as medical payments coverage or "med pay"). Sources of potential insurance coverage can be found in some unexpected places, so when you meet with us, be sure to provide us with a copy of every policy that might apply. Because Virginia law sets such low limits on the amount of insurance that motor vehicle owners must have, we see too many people who have cases of clear liability, substantial injuries, but grossly inadequate insurance coverage. To ensure that this does not happen to you, please review your own policies and consider increasing the limits on your uninsured and underinsured motorist coverage.
|
US Consumer Product Safety Commission - Recent Sports/Recreation Related Recalls
Sports/Recreation related recalls and product safety news from CPC
Hayes Bicycle Group Recalls Quick-Release Devices for Bicycles Due To Fall Hazard
Wed, Jul 2, 2008 11:00 AM
The quick release devices can unexpectedly fail or break when locked in position on the bicycle, causing the rider to lose control, which poses a serious fall hazard.
Paintball Gun Adapters Recalled by RAP4 Due to Impact and Laceration Hazards
Wed, Jul 2, 2008 11:00 AM
The remote line adapter can burst when over tightened, posing serious impact and laceration hazards to consumers.
E-Z-GO Recalls RXV Golf Cars Due to Fall Hazard
Fri, Jun 27, 2008 12:00 PM
The hip restraints on the cars can detach at the base, posing a fall and injury risk to consumers.
ATVs Recalled By KYMCO Due to Loss of Speed Control
Thu, Jun 26, 2008 2:30 PM
A manufacturing defect in the carburetor can cause the throttle to stick open, posing a risk of serious injury or death to the rider.
ATVs Recalled By Kawasaki Due to Loss of Speed Control
Thu, Jun 26, 2008 2:30 PM
The throttle can fail to return to the idle position when released or could fail to be at idle on start-up. This could result in loss of vehicle control, posing a risk of serious injury or death to the rider.
Arctic Cat Recalls Model Year 2008 50cc and 90cc Youth Model ATVs
Tue, Jun 24, 2008 8:30 AM
The speed controller on the recalled ATVs could fail to return to the idle position when the throttle lever is released, or the speed controller could fail to be at idle on start up. This could result in loss of vehicle control, which could result in serious injury or death to the rider.
Tucker Rocky Recalls Off-Road Motorcycle Clamp Kits; Bolts Can Break Causing Handlebars to Separate During a Crash and Cause Serious Injury
Wed, Jun 18, 2008 9:30 AM
Some of the bolts included in the clamp kits (or sold separately) if installed incorrectly can break under extreme force such as a crash. This can cause the handlebars to separate posing a risk of serious injury to the rider.
BRP U.S. Inc. Recalls Snowmobiles Due to Fire Hazard
Tue, Jun 17, 2008 9:00 AM
Friction between the fuel hose and the cylinder head cover can cause the hose to pierce. This can cause fuel to leak out, posing a fire hazard.
Polaris Industries Expands Recall of ATVs Due to Fire Hazard
Wed, Jun 4, 2008 10:00 AM
The ATVs can have defective Electronic Control Modules (ECM) that overheat, posing a fire and burn hazard to riders.
Batting Helmets Recalled by Rawlings Sporting Goods Due to Violation of Lead Paint Standard
Tue, May 27, 2008 11:00 AM
Surface paint on the helmets contains excessive levels of lead, violating the federal lead paint standard.
BRP U.S. Inc. Recalls Snowmobiles Due to Explosion Hazard
Wed, May 21, 2008 12:00 PM
Under extreme cold and dry weather conditions, an explosion could occur because of sparking in the fuel tank when it is partially filled with gasoline at a low vapor pressure and the engine is left idling. This could cause serious injuries or death.
K2 Sports Recalls Snowboard Bindings Due to Fall Hazard
Tue, May 20, 2008 9:00 AM
The cable that links the toe strap to the binding could break, posing a fall hazard to snowboarders.
Air Pistols That Can Fire Unexpectedly Are Recalled by Umarex USA
Wed, May 14, 2008 9:30 AM
The air pistols can accidentally discharge, posing a risk of serious injury if the air pistol is loaded and pointed at the user or another person when it discharges.
American Honda Motor Co. Recalls ATVs Due to Loss of Steering Control
Thu, May 8, 2008 12:45 PM
The electric power steering shaft of the recalled ATVs could break unexpectedly, resulting in the rider's losing steering control. This poses a risk of injury or death to riders.
TJ Power Sports Recalls Dune Buggies Due To Ejection Hazard
Tue, May 6, 2008 11:00 AM
The seat belt adjustment for the shoulder buckle can break during impact or stress, posing an ejection and injury hazard to driver and passenger.
|
All-terrain vehicle injuries in children.
Kirkpatrick R, Puffinbarger W, Sullivan JA.
Department of Orthopedic Surgery and Rehabilitation, University of Oklahoma, Oklahoma City, OK, USA.
PURPOSE: All-terrain vehicles (ATVs) were introduced in the early 1970s. Injury rates in children and adolescents were alarming. The Consumer Products Safety Commission 2002 annual report revealed 5239 deaths attributed to ATVs between 1982 and 2002. One third (n = 1706) involved children younger than 16 years. The Consumer Products Safety Commission entered into a 10-year decree with ATV manufacturers in 1988 in an attempt to decrease ATV injuries and deaths. The purpose of this study was to assess the experience at the Oklahoma University Medical Center Level 1 Trauma Center by review of the trauma registry for patients younger than 16 years injured in ATV accidents. METHODS: A retrospective review of the trauma registry was performed in children younger than 16 years who presented as a result of injury attributed to 3- or 4-wheel ATVs since 2001. RESULTS: A total of 73 patients fit the search description. The average age was 9.9 years. The average Injury Severity Score was 10.3 (Level 1 trauma, 20.0; Level 2 trauma, 8.3). All 4 deaths were attributed to head injury (average age, 12.5 years.). The most common injuries were extremity fractures (36 fractures), head injury (33 injuries), and facial trauma (20 injuries). Of the fractures, 8 were open (6 upper extremities all around the elbow and 2 lower extremity tibia fractures). Extremity fractures occurred in nearly half of our patients with a slightly higher number of upper extremity injuries. The rate and severity of fractures about the elbow is especially alarming. CONCLUSIONS: All-terrain vehicle injuries involving children continue to be a concern. Despite the 1988 decree, ATV injuries continue to be a significant source of morbidity and mortality among children. Orthopaedic injuries of the extremities are common in these patients. In this series, the only cause of death was head injury. CLINICAL RELEVANCE: Orthopaedic injuries are the norm in children and adolescents injured in ATV accidents. Although some legislation is in place, the level of compliance is unclear. Legislation requiring helmet use and age limits failed in Oklahoma this year. Perhaps a comprehensive community education program would be the most effective in decreasing ATV morbidity and mortality in children.
PMID: 17878773 [PubMed - indexed for MEDLINE]
source |
