Car, SUV, & ATV (All Terrain Vehicle) Safety

Truck recall: Ford F pickups may cause fires

2011-08-02T14:56:00.000-07:00

Truck recall: Ford F pickups may cause fires

Ford is recalling 1.1 million F-150, F-250 and Lincoln Blackwood pickups because their gas tanks can fall off and cause fires.

The models involved were sold in cold-weather states where road salt can cause metal straps holding up the tanks to rust. If the straps break, the tanks can hit the ground, rupture and catch fire.

Regulators began investigating the problem last year. This defect has been blamed for eight fires, three of which spread to the rest of the truck. One person was injured, suffering first- and second-degree burns.

Safe driving tips for 4th of July weekend

2011-07-01T01:10:00.000-07:00

Before you put the pedal to the metal this 4th of July weekend, think about the responsibility you have to yourself, your family, and your fellow drivers. And if you're in an accident, ask these questions.

The first week of July is typically one of the busiest American travel periods of the year, as many people utilize the holiday for extended vacation trips. It is also one of the deadliest.

“Every traffic crash involves three elements – the driver, the roadway, and the vehicle,” says Central PA Auto Accident Attorney Jim Ronca. “Nationally and locally the vast majority of all traffic crashes involve some kind of driver error so drivers can greatly impact July 4th traffic safety by driving defensively.”

Fourth of July images inspire fireworks, parades, picnics and barbecues, red/white/and blue, concerts, and baseball games. What about safe driving? Last year, ten people died, 361 people were injured in 712 crashes investigated by the Pennsylvania State Police during the four day July 4th holiday weekend. Almost 8,000 people were cited for speeding and more than 300 people for DUI.

Don’t ruin your weekend or your life or that of someone else.

Here are 10 safe driving tips to follow for a safe 4th of July:

Before leaving, ensure that your vehicle is in good working order. Get a tune up; check tire tread and pressure, oil and fluid levels, working lights and windshield wipers, etc.

Buckle up for safety. In the majority of accidents, seat belts save lives. According to the Centers for Disease Control (CDC), seat belts reduce serious crash-related injuries and deaths by about 50%. Adults who live in rural areas are 10% less likely to wear seat belts (78% usage) than adults who live in urban and suburban areas (87% usage). Also, secure your infants and children in properly fitted car seats and booster seats.

Don’t drink and drive. All 50 states and the District of Columbia have laws defining driving impaired as a crime with a blood alcohol concentration (BAC) at or above a specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood). According to the CDC, one 12-ounce beer has about the same amount of alcohol as one 5-ounce glass of wine, or 1.5-ounce shot of liquor. Drinking alcohol slows reaction time and impairs judgment and coordination, all skills needed to drive a car safely. The more alcohol consumed, the greater the impairment. If you drink, don’t drive or make friends with a designated driver who does not imbibe. A 4-day weekend is not an automatic pass to drink and drive.

Observe speed limits. Allow plenty of time to get to your destination. Most likely you will have to share the road with thousands of other drivers, road construction, and possible rain and summer storms, so get used to it. You’re not in a race. Speeders don’t win.

Stay alert. Take a break when feeling drowsy. Take advantage of rest stops. Drive defensively.

Put the distractions away. Don’t talk on your cell phone while driving. Worse, don’t text while driving. Both require focus. You can only do one well. Program your GPS prior to leaving or while stopped, never while driving. Ask your passenger to change the CDs. Comb your hair and apply makeup upon arrival at your destination never while driving. Don’t eat or open or close food packaging while driving. Other vehicles may be getting in your lane, turning, or slowing down. In-car distractions diminish your chances of driving defensively when you need to most. One or two seconds of distractions can negatively impact your life and the lives of others.

“Thousands and thousands die each year as a result of distracted driving on our nation’s highway,” urges Attorney Joel Feldman, father of a daughter who was killed by a distracted driver. “The death toll rises dramatically during summer months especially for young drivers. We can all make a difference if we just remember to keep our hands on the wheel, eyes on the road, and stop trying to multi -task while we drive. “

Load SUVs properly. When loaded down with additional weight -- such as passengers, luggage, and equipment -- SUVs become less stable. Compared to most sedans and station wagons, SUVs have a higher center of gravity. With the extra weight, which typically rides above a SUV's center of gravity, the vehicle can tip over more easily.

Drive cautiously on rural roads. According to the National Highway Transportation Safety Administration (NHTSA), more accidents occur on rural roads than other venues.

Secure your pet. Most likely you wear a seat belt. What about your dog? Cats and dogs should be secured in crates that are secured by straps or bungee cords in the event of a sudden stop. A loose pet or a hurling crate can crash through the windshield. Protect your 4-legged friends.

Act like your life depends on driving defensively. It does.

How safe is your rental car?

2010-11-24T10:26:00.000-08:00

How safe is your rental car?

Lots of car makes and models have been recalled lately.

The question that comes to mind is -- are car rental companies fixing recalled vehicles or are they (rental car negligence)ignoring the call to recall?

The National Highway Transportation Safety Administration is auditing the repair history of cars to get an idea how efficiently rental cars and leased cars are being repaired.

The Center for Auto Safety petitioned the Federal Trade Commission to investigate whether Enterprise was letting customers rent cars before recall repairs had been made on them.

School bus accident in New Castle, Delaware

2010-11-04T12:11:00.000-07:00

A school bus flipped over on its side shortly after 7 a.m. on the I-295 to Route 9 ramp in New Castle, Delaware.

32 students and one adult were injured but so far none have life threatening injuries.

An investigation is being conducted. The school bus driver may have been going too fast around a sharp curve in the road where the speed limit was 45 miles per hour.

Berks County Educates Teens about Distracted Driving

2010-11-01T10:56:00.000-07:00

Juniors and seniors at the Berks County School District had a simulated hands-on experience of what it was like to drive drunk or drive with a drunk driver.

To promote National Teen Driver Safety Week, PA DUI Association and State Farm Insurance brought a Safety SIMulator to Governor Miffin High School last month to demonstrate the dangers of drunk driving and distracted driving.

The students "drove" without alcohol and then "drove" after a few drinks.

The difference was remarkable as it hit home the dangers involved in teen drinking and driving. One in four driving fatalities involve 16 to 24 year olds.

Pennsylvania Lawsuits and Crashworthiness Litigation

2010-09-24T18:06:00.000-07:00

Pennsylvania Lawsuits and Crashworthiness Litigation

Anapol Schwartz and Larry Coben are proud to announce the merger of Anapol Schwartz and Coben & Associates.

Larry Coben, formerly with Litvin, Blumberg, Matusow & Young, will become a shareholder at Anapol effective September 30, 2010. Mr. Coben is nationally renowned for his expertise in brain and spinal cord injury cases, with special emphasis in helmet failure and crashworthiness, including seat belt and seat back failures, failure of air bags to deploy, ejection and sudden acceleration.

He has obtained many seven and eight-figure verdicts and settlements across the country and in this region for the catastrophically injured. Mr. Coben is the author of "Crashworthiness Litigation" and the American Association for Justice's 2010 award winner for consumer advocacy.

Wayward Philadelphia Bus Kills

2010-09-14T18:54:00.000-07:00

Wayward Philadelphia Bus Kills

Four Philadelphia passengers including a college student from Pennsylvania and a woman from South Jersey as well as two international passengers were killed over the weekend when a double-decker bus struck a railroad bridge in upstate New York on its way to Toronto.

Twenty passengers suffered injuries as well.

The bus driver got lost in the Syracuse suburbs while looking for the bus depot. The driver was using his personal GPS unit for directions which didn't allot for bridge heights. The double-decker bus at 13 feet, 9 inches was taller than the bridge clearance of 10 feet 9 inches. The crash ripped the bus roof.

An investigation is underway.

Chevy Camaro Clutch Disintegration Problems

2010-08-12T11:34:00.000-07:00

Clutches on V6 manual transmission Camaros are disintegrating. These Camaros have low miles and no abuse.

GM is aware of the problem but is not recalling. GM just announced that it earned $1.3 billion in the second quarter and cited sustained progress in rebuilding operations after emerging from its government-sponsored bankruptcy last year.

Disintegrating Camaro clutches are potentially dangerous problems, because if clutch goes out at the wrong time, big trouble could ensue.

Pa. Drivers Alert: SUV Loose Caboose

2010-07-16T20:39:00.000-07:00

Imagine driving down the road taking your kids to school or soccer or taking your family to dinner or taking your girlfriend out on a date when all of a sudden your car breaks apart and the SUV's rear detaches from the rest of the vehicle. Imagine if you're going fast or if the roads are wet or if you're in traffic.

While this sounds like a movie's special effects, it's true and has happened to Pa. drivers and other drivers across the United States.

It so happens that a local astute TV news team is leading the pack in reporting it.

According to one local Isuzu owner, her vehicle has rotted away specifically the linkage that connects the rear axle.

Hundreds of complaints prevail nationwide but so far this has been pretty hush-hush in the news because it's under federal investigation.

The federal probe includes Isuzu Rodeos and the Honda Passports built from 1998 to 2002. A recall may be on the way.

If you are driving one of these vehicles, please have it checked out by a reputable mechanic. If you have been injured or caused an accident because of rotted out frame, please contact a Pa. law firm car accident attorney.

2009-07-17T17:06:00.000-07:00

In two separate ATV accidents, two people needed hospitalization.

A 30 year old man suffered major head injuries and was airlifted to the hospital. He is in critical condition. He was not wearing a helmet. The man was driving a Honda Rancher at a speed too fast to properly control. The ATV drifted off the roadway edge and toppled a steep embankment into a rocky creek.

In another ATV accident, the two drivers crashed through a fence. One required hospital treatment.

ATVs Collide - One Dead

2009-07-02T17:29:00.000-07:00

Two ATVs going in opposite directions on a trail collided on a slight curve.

A 50-year old man was killed in the ATV accident. The driver of the other ATV was not injured.

Alcohol does not appear to be a factor in the ATV accident which is currently under investigation.

Defective Airbag Severs Woman's Neck

2009-06-05T11:22:00.000-07:00

A newly graduated high school senior girl was in a minor traffic accident when her airbag imploded, sending an object into her neck, and severing it. The freak act killed her when she was in the school parking lot to pick up her brother from football practice.

She was driving a 2001 Honda Accord which issued a recall in December for a malfunction in the driver's air bag inflator, known to throw metal pieces into the driver.

The girl's Honda was not part of the recall.

An investigation is in order.

A wrongful death lawsuit should be filed immediately.

Airbag Knocks Victim Unconscious

2009-03-23T17:08:00.000-07:00

While seatbelts may save lives, airbags can knock the wind from accident victims.

Two cars collided. A woman was knocked unconscious in one car and in the other car, an airbag exploded on impact and knocked the driver unconscious because of the airbag's sheer force knocked him in the head.

What was worse? The collision or the impact of the faulty airbag?

Brake Failure, Accidents, Negligence

2009-02-05T08:52:00.000-08:00

The feeling is one of helplessness. You’re driving along and all of sudden your car has brake failure. What happened? Don’t panic; stay calm. That’s easier said than done but here are guidelines for some quick thinking.

Downshift immediately but try to do it slowly to avoid skidding. Hopefully, you can slow down to where you can pull over. Don’t shut off your engine until you stop.

Don’t press the gas pedal.

Pump your brakes as they may still have some pressure to slow down.

Honk! Honk! Honk! Alert pedestrians to move away from your car.

Use the emergency brake; it won’t stop your car but if the emergency brake is in good working condition, it could slow it down.

Steer your car into something soft like a mud puddle or thicket of bushes.

Get help after stopping. Do not drive your car until you have seen a reputable car mechanic.

Brakes fail for lots of reasons -- lack or proper maintenance, negligent maintenance, recalls, bad car design, etc.

Elderly and Driving Skills

2009-01-30T19:06:00.000-08:00

It is essential to assess driving skills of the elderly. According to National Highway Traffic Safety Administration, crash rates for drivers 75 or older are second only to the crash rates of drivers under 24 years of age. This calls for an urgent need to develop a driving simulator to reduce elderly driving fatalities.

Undiagnosed cognitive impairment is prevalent in many older individuals who otherwise appear healthy. The Department of Motor Vehicles is looking for help to evaluate older drivers without penalizing them. For example, 28 states and the District of Columbia have passed some form of elderly driving restrictions. These include accelerated driving license procedures and frequent vision tests.

An associate professor for geriatrics developed a simulated driving assessment tool featuring a 30-minute driver evaluation program.

Blogger’s note: Let’s hope it’s not a game boy type of thing and more like driving a car than playing a video game.

Driving On Ice - Be Safe, Not Sorry!

2008-12-19T23:09:00.000-08:00

Winter driving and driving on ice requires a lot more care and safety than ordinary driving. If you're unsure , it can be all too easy to lose control of your car on an icy road. Unless it is absolutely urgent, it just makes sense to avoid driving in bad weather. But if you must drive on an icy road, make sure you keep these safety tips in mind.

It's always a good idea to be prepared for anything when driving on ice. Even if you know the way, take the time to plan out your exact route. Make sure you have some alternatives laid out so you don't end up stranded. Inform others of your travel plans as well - if something should happen, it will be much easier for them to tell the police where to start looking. Give yourself plenty of time when driving on icy roads, it's better to be slow and steady.

If you're on ice, it's also a good idea to drive with someone as a convoy. Traveling with more than one car is not only safer; you won't find yourself stranded if your car has an accident. Keep your eyes peeled for signposts, exits and mileposts so you can give accurate directions if something happens. Try and avoid driving over bridges - if you can't avoid them, then keep a vigilant eye out for icy patches. Finally, if you are driving through a storm and it gets too rough, pull over to the side and wait till it blows over.

ATV Recalls Abound

2008-11-30T09:25:00.000-08:00

Amidst their popularity, ATV's have been recalled due to various dangers.

The popularity of All Terrain Vehicles (ATV) remains somewhat strong. This is surprising because there have been a number of problems over the years with their safety. Probably the most common safety flaw is the fact that these vehicles are prone to rolling over. Of course, one of the most common reasons for these vehicles rolling over is the fact that the person riding the vehicle was not operating it in a safe manner. Again, these vehicles, very specific operational instructions and when you deviate from what is considered proper driving you run the risk of crashing.

But, if you believe the propaganda that the only reason accidents happen is because of poor operation then you are not approaching the situation with a critical eye. There are a number of manufacturing and design problems inherent in a number of models of ATV's. This statement is not made out of the clear blue sky. There have been a number of recalls issued for certain models of these vehicles. Obviously if a recall is being initiated there's definitely a problem with the vehicle.

Issuing a recall, however, does not immediately absolve the manufacturer of responsibility if anything happens to the rider. A flawed vehicle never should have made it to the marketplace in the first place. If you have suffered a severe injury due to the vehicle rolling over, you are not going to feel that everything is ok just because the manufacturer came clean and admitted to releasing a poor product. More than likely, you will probably sue damages due to the pain that has been inflicted upon you. Honestly, if you do this you are making the right decision. You do deserve to be compensated for your physical pain as well as any financial losses you have suffered as a result of an accident. Remember, the manufacturers are supposed to provide you with a quality product. If they do not they are negligent and no amount of recalls will rectify the situation.

Car and Motorcycle Accidents in Pennsylvania

2008-11-26T21:13:00.000-08:00

A motorcyclist died when his motorcycle collided with a pickup truck that failed to stop at a stop sign. First the 70 year old motorcyclist was critically injured and then later died. The 33-year-old driver of the pickup truck was not injured.

--

A pedestrian crossing the street at 8 p.m. was injured when hit by car. Neither saw the other coming.

Have you or someone you know bit injured by a car, SUV, motorcycle or ATV? Do you need a lawyer?

Brakes and Accidents

2008-11-02T09:13:00.000-08:00

Poor brakes create a major highway hazard.

When you are driving you need to have the ability to stop the car on demand. No, that does not mean that a car can be expected to stop on a dime when traveling at high speeds or that it should come to an immediate complete stop if a deer jumps out in front of a car unexpectedly. But, it is reasonable to expect that the brakes of a car operate properly. This is why when you require the use of a rental car, a taxi, an airport limousine service, etc it is also not without reason to expect the vehicle's brakes have been properly maintained so as to ensure safety. Yet, there are those services that do not maintain the car or truck safety via the vehicle's brakes. This is why a number of car accidents occur. Of course, it is also the same reason why lawsuits are filed.

To knowingly place professional service vehicles with poor brakes on the road is significantly negligent. Many times, companies will do exactly this with the intention of keeping costs low and profits high. They convince themselves that nothing will go wrong and hope for the best. Yet, they are placing many people deliberately at risk. This is why huge damages can be awarded to those injured as a result of such negligence.

Then again, the negligence does not have to be deliberate. Benign neglect is equally harmful and a company can be held liable in such an event. Honestly, it is benign neglect or lack of oversight that is often the reason for poor brakes to go without repair. But, such benign neglect is hardly a car accident defense and it would not stand up in a court of law.

If you have been injured as a result of a faulty transportation service placing at risk, then seeking counsel with a qualified car safety attorney would be recommended. After all, if you have been injured through no fault of your own you should be compensated for your situation.

SUV Safety or Not

2008-10-27T11:13:00.000-07:00

SUV safety is a topic that most people think about in a positive light. After all, an SUV is one of the toughest vehicles on the road today. If you were to ever get into an accident, there's a good chance that you'll be safer in an SUV, right? Not necessarily. A collection of recent reports show that SUV accidents are actually on the rise. In fact, the SUV accidents statistics are pretty surprising.

Psychology plays a huge role in why people buy an SUV in the first place. Research shows that 39% of people feel more secure and powerful when they are in an SUV. Four in ten people also believe that an SUV is far safer than an ordinary car. While this does speak volumes about widely-perceived SUV safety, what do the actual numbers say? Unfortunately, studies have shown that SUVs have a higher risk of being in rollover accidents.

In 2006 alone, over 8,000 people died in SUV accidents. The bad news doesn't stop there. Vehicle occupants have been found to be particularly at high risk in terms of SUV safety. In 2006, a study showed that SUVs had the highest occupant fatality rate as compared to trucks and cars. Even in terms of driver safety, an SUV is equally risky. SUV rollover accidents were found to be the cause of 47% of driver fatalities in 2006. It's also interesting to note that nearly 65% of SUV accidents were single-vehicle incidents.

So if you think that the SUV is the safest vehicle on the road, a re-think seems to be in order.

Public's Right to Know: Serious Car Accident Data

2008-10-21T13:27:00.000-07:00

The data on serious car accidents to be made public

Car accidents have been a serious bone of contention for a number of years. In fact, many people are unaware of the aggressive litigation that has been going on between car, tire, and other vehicle manufacturers regarding the release of accident information.

In 2000, a break-through of sorts was reached when a law was passed regarding early warning data stating that all companies would need to release data and information regarding defective products as well as deaths and accidents related to the usage of their products.

Many people assumed that this information would also be made available to the public.

But in 2003, the release of this information was stopped by lawsuits, which were filed by a number of industry groups claiming that even in the case of car accidents, the government had no right to reveal this kind of information.

This became an increasingly frustrating obstacle, especially after the incident of Ford Explorer/Firestone tires that killed several hundred people leading to one of the largest tire recalls in history.

The new court ruling will now make the data collected by the National Highway Traffic Safety Administration (NHTSA) available to the general public. Until now, this ruling has met with stiff opposition from the Rubber Manufacturers Association, representing companies that make tires which feel that releasing this kind of information can lead to misinterpretation and fears about rising car accidents. A number of these groups are working to ensure that some information is still withheld, like warranty information.

Groups like Public Citizen feel that absolutely no information should be held back and law firms are still fighting for wrongful death settlements.

Speeding with an ATV

2008-10-13T09:19:00.000-07:00

Speeding on an ATV can create a host of problems.

All Terrain Vehicles can be a lot of fun to drive, but they have to be driven carefully. Yes, sometimes we lose ourselves in the moment and decide to become a little bit more risky in our behavior. When it comes to such an exciting vehicle the desire to feel the wind in our hair might overwhelm good judgment and common sense. Remember, you are not riding a Volkswagen Beetle when you hop on an All Terrain Vehicle. Also, it is important to remember you are not riding on the road either. This means that good judgment must be adhered to in order to maintain your safety.

Possibly, the most common cause of accidents on these vehicles is driving the vehicle too fast. When the vehicle is driven in an unsafe speed the rear of the vehicle may rise up and this could lead to it flipping over. Since the terrain is often not stable, hitting a rock on the terrain at unsafe speed can lead to losing control of the vehicle and flipping. And so, it is important to always pay attention to safety when riding the vehicle. However, it is important at the manufacturer inform riders of these types of risks as well.

If the manufacturer has not clearly explain the dangers of riding an ATV too fast then the manufacturer may be liable for any damages that result. This is not an easy to type of suit to prove so the need for an experienced lawyer is critical. However, there are solid professional attorneys who understand the intricacies of such litigation. They might prove incredibly helpful in the instance where you've suffered a injuries as a result of an ATV mishap. This is an important point because such injuries can come with costs most never dreamed of…

SUV Danger

2008-10-06T13:31:00.000-07:00

Unacceptable SUV safety levels

The SUV has come under a lot of fire recently. In fact, sales of SUVs have dwindled rapidly. Many former owners of SUVs are finding it next to impossible to trade them in. This is because the car dealership has a very difficult time selling them. Probably the main reason is far less fuel efficiency. More than just excessive gasoline costs, there are a number of inherent problems with SUVs. They are prone to rollovers which can cause a major car accident.

When you drive a car you have a certain basic expectation for a level of safety because an unsafe car can lead to a serious injury, a crippling injury or even a fatality. It’s critical for car manufactures to ensure that any car in the consumer marketplace is a safe vehicle. While this is often the plan, it does not always work out that way as evidenced by the aforementioned SUV because of being prone to rolling over.

One of the reasons that Ford (the manufacturer of the SUV) is facing so many lawsuits is the vehicles was prone to rolling over. Why would Ford release a vehicle into the marketplace when it wasn’t safe? Apparently, consumer demand was strong enough that Ford felt the risk acceptable. While this may have satiated consumer demand, it did very little for providing consumer safety which is why Ford is in the position of SUV lawsuits.

If you have been involved in a SUV rollover accident there may be a number of class action lawsuits you could become involved with. Or, you could file your own suit. Ultimately, whatever course you take should be decided after careful review with an attorney.

The End of the SUV

2008-10-03T09:13:00.000-07:00

The problems Ford faces with SUV's never ends.

The automobile industry has long since been the pinnacle of innovation. This is why it has spawned so many popular cars. Of course, the industry has also had its misses as well. No, this does not only refer to those cars which didn't sell. The SUV was a tremendous seller for Ford but it is loaded with design and structural flaws that make it a very weak product.

The press has been particularly tough on SUV's as the press has been diligent in reporting the problems associated with this particular vehicle. Then again, when a number of state attorney generals file a series of lawsuits against the manufacturer of the SUV it comes as no surprise there will be a number of news reports on the vehicle. In addition to all the lawsuits that were filed, these state attorney generals promoted a major ad campaign directed at alerting the public of the safety flaws inherent with SUV's. This proved very damaging to Ford's ability to sell SUV's. But are all these state attorney generals piling up on Ford for no reason? No, not at all; SUV's may have been incredibly popular cars at one time (high gas prices have destroyed their sales figures) but they were also very dangerous as well.

The promotional ads were designed to admonish younger males from being reckless while driving an SUV. The underlying theme of these ads was that SUV's need to be operated in a safer manner because the vehicles come with greater risks that driving a "regular" car. To a degree, such an assessment is accurate as SUV's are prone to rollovers and roof compressions after said rollover. Granted, SUV's are not the only vehicles that come with rollover risks but this lack of exclusivity does not change the fact that these vehicles are dangerous. While driving in a safe manner will not eliminate all car accident risks, it will reduce most risks sharply.

Why File a Lawsuit after a Car Accident?

2008-09-29T14:04:00.000-07:00

Reasons for filing a car accident lawsuit

Some people have to do things their own way even if their way is dangerous. That is why you will constantly see people driving in a reckless manner. Often, weaving in and out of lanes results in no harm other than a few close calls. Then, there will be those instances where a major accident is the result. If there is an accident, a lawsuit may follow. This is understandable, yet there are people who do not see the logic in filing a lawsuit. Well, to not see the logic in filing a lawsuit involves a major lack of foresight.

Imagine if the person who was injured in a car accident suffered a back injury? This back injury now precludes them from the ability to lift heavy objects. Some may not see the "big deal" in this, but what if the person works in manual labor and is required to lift heavy objects? Then the ramifications of such an injury are severe. The person now may not be able to earn a living and that brings financial devastation for the individual and his family. It’s understandable that the person will seek financial compensation for the injuries.

When examining these facts, it becomes clear that such a car accident lawsuit is not frivolous nor is it based in any malice. On a baseline level, filing such a lawsuit makes solid fiscal sense. After all, the individual will be out of work and unable to earn a living. It would make perfect sense that the person who is legitimately at fault for the injury be compelled to pay damages as a result of such action.

This does not mean winning such a case is a guarantee. However, it does indicate that a process exists that can be used for remedying the situation

ATV Accident: Who is at fault?

2008-09-26T06:34:00.000-07:00

There may be dual negligence present in an ATV accident

Owning an ATV is a thrilling venture…..until an accident happens.

It’s no secret that ATVs need to be driven carefully. When you drive an ATV too fast, the rear of the vehicle has a tendency to ride up. If it rides up too high and then hits a bump in the road, the vehicle may flip over. If this is the case, would not the driver be completely responsible for any injuries that result? Well, not necessarily. Actually, the fault may lie with both the driver and the manufacturer. Even if the rider/driver is at fault this does not absolve the manufacturer for any liability.

It’s true that the driver must be responsible for his safety. Driving an ATV too fast is not wise. Making sharp, ill advised turns is also not wise. When you make these types of poor driving decisions you may have to face the consequences. Some may come with broken bones…or worse. But, once again, if your bad decisions were made worse by a poorly manufactured vehicle then you still may be able to recoup some damages.

Some ATV vehicles come with a severe risk of a rollover. This is completely unacceptable as no vehicle should come with such a safety risk regardless of the way the driver operates the vehicle. Anyone who rides an ATV vehicle that is prone to rollovers as a result of poor manufacturing can claim at least partial damages regardless of the scenario that lead to the accident.

No, this does not mean to absolve anyone from their reckless behavior. It is simply to point out the various legal issues regarding shared responsibility. But, this is a complex issue that needs to be discussed in depth with a qualified attorney.

The SUV Roof Crush Collapse Dilemma

2008-09-23T09:26:00.000-07:00

SUV's come with a dangerous propensity for collapsing roofs.

Here is a frightening scenario: imagine riding your SUV down a rain slicked road when you lose control of the vehicle. The car skids at a rapid speed and then eventually FLIPS OVER. Then, to your extreme horror….the weight of the car is too much for the roof and it collapses. Please note, this dramatic scenario it is not pure fiction. SUV's do come with an increased hazard in terms of potential roof collapses. This is the result of a manufacturer's defect that never should have existed.

If there was anything all the people in the world would agree with it would be that no one wishes to get in a car accident. But, car accidents happen and they can come with major, serious repercussions. Sadly, the history of highway safety is rife with major fatalities. Because of increased concerns for the safety of passengers, a number of modifications were made to vehicles that made them safer to drive. The first means of increasing safety was the development of seatbelts. Then, along came airbags which have also saved many lives. But, probably the most underrated – and sometimes grossly underappreciated – safety components have been advancements in design engineering. In other words, those who produce cars design them to be safer.

Unfortunately, SUV's are prone to having the roof of the vehicle collapse if it flips over. Sadly, this is compounded by the fact that SUV's are also prone to rollovers. Yes, the SUV has many more problems associated with it than just poor gas mileage. Honestly, it you are willing to pay more for gasoline that is your prerogative. But, are you willing to risk your life due to rollover and roof collapse hazards? More than likely, you are not. But, if you are involved in such an accident there are options available. They come in the form of an attorney experienced with SUV litigation.

Passenger in an Unsafe Car

2008-09-16T23:05:00.000-07:00

The driver has a duty to take care of passengers in their vehicle.

When a person purchases a car, they have free rein to do a number of things with the car. They can paint it any color and they can customize to their heart's content. What they can not do, however, is drive the car in any manner they see fit. Yes, the laws of the highway pertain to even the most narcissistic driver. Yet, there are those people who feel that laws do not apply to them. This is why they make illegal lane changes, drive at unsafe speeds, or conduct themselves in a manner that is thoroughly reckless behind the wheel. This lays the foundation for a potential car accident. When passenger complains, they will generally be ignored. After all, the derogatory term back seat driver is often relayed against those people who tell a driver how to drive.

There is a great deal of absurdity to be found here in criticizing a passenger who admonishes a driver about recklessness. First of all, anyone who gets behind the wheel of a car has a responsibility for driving safely. Even if they are not concerned with their own safety, they should be concerned with other people on the road as well as passengers. If you are a passenger in a car that is being driven in a reckless manner, you have a duty to say something. Seriously, do you really want your silence to yield paralysis after the car crashes? As the old cliché goes, the life you save may be your own.

Also, if you are an injured passenger as a result of reckless driving you may be able to sue for damages. Again, the driver has a responsibility to maintain your highway safety. If he is negligent and you are harmed, the driver is the one who should be held liable for the car accident.

The Problems with ATV Vehicles

2008-09-10T09:18:00.000-07:00

ATV Vehicles are not the safest vehicles to operate.

Imagine the life of an active ATV hobbyist. It sounds fun, doesn't it? Who doesn't like an exciting life? But exciting does not mean that you are looking to take a number of dangerous risks. What it means is that you like to take part in active pursuits. Of course, there will be a certain level of risk with such hobbies. And, yes, such risk is commonplace in the realm of All Terrain Vehicle riding. And looking at the world of ATV vehicles, there is some acceptable risk present and then there is also risk that is not acceptable.

One major risk with ATV's is that they are prone to flipping. Looking at news reports of ATV vehicles flipping over after hitting a bump in the terrain is scary. Even if the driver travels at a relatively moderate speed, this can lead to major injuries if the ATV vehicle flips. This is why the designers of such vehicles must take the extra care to make sure that the vehicles are safe. However, many manufacturers have released these types of vehicles with a number of inherent production flaws. That is the reason why there have been a number of accidents. Or, more accurately, they should be referred to as avoidable accident since they are the result of a design flaw.

Yet, many people assume that the accidents they suffer on an All Terrain Vehicle are the result of their own negligence. Well, this may be the case in some instances but it also may not be the case in every instance. If you have done nothing wrong and the vehicle flips over then more than likely it is the manufacturer of the vehicle that is at fault. So, they would be liable in for any damages resulting from your injury. Needless to say, seeking a reward of damages in such an instance would be understandable.

There is a Need for Quality Trucks

2008-09-06T09:27:00.000-07:00

When a truck is not properly maintained it is dangerous.

If a truck is placed on the road and in poor operational condition and an accident results, a great deal of blame can be placed on the parties that put such a dangerous vehicle on the road. When filing a lawsuit after a trucking accident occurs the sheer volume of defendants can be somewhat surprising. And, in some cases, those who we think are liable for the damages really are not. In fact, they may very have been misled into placing a defective truck on the road.

When a trucking company purchases tires it will usually demand the best quality tires available. This is to ensure the safety of the driver and others on the road. However, after only a few thousand miles, one of the tires blows out while driving. This leads to a very catastrophic accident. Upon the inspection of the tires, is revealed that these were actually used tires that already had many thousands of miles on them. They were very worn down and should not have been on the road. In short, the trucking transit company was lied to when it purchased the tires They were promised proper tires but were delivered inexpensive used ones. So, who is at fault here?

Well, the tire company that sold the faulty tires is definitely at fault. It would be very difficult for them to wiggle out of a negligence suit if they had falsified information in a bill of sale. But that does not automatically mean the trucking transit company is off the hook. Did they properly inspect the tires before putting it on the road? If not, then they may be held liable for their lack of due diligence. Again, a trucking or car accident lawsuit is complicated. This is why the need for a Philadelphia lawyer who is experienced in truck safety and car accident litigation is a must when bringing fourth such a lawsuit.

Teen Car Safety: History Repeats Itself

2008-09-02T21:37:00.000-07:00

The mother of a teenager who died in a horrible car crash hopes that other teens will honor her son and another dead teen by driving safely.

The woman's son and another teen died while two more teens were hospitalized and a fifth teen was not injured when the car they were driving and riding in slammed into a tree ripping out its engine and scattering debris everywhere.

Basically the teens were good kids but sometimes made bad choices -- like speeding.

This same stretch of road claimed the lives of two teenagers 27 years ago when they were speeding around a bend in the road, lost control, and slammed into a parked half-ton truck.

Unfortunately teens are filled with a sense of daring and bravado and often alcohol too. It's 2 a.m., do you know where your teen is?

Motorcycle Accidents Are on the Rise

2008-08-30T21:15:00.000-07:00

More motorcyclists are dying.

Chalk it up to not wearing a helmet, lack of experience, and driving when intoxicated.

In the past ten years motorcycle ownership has almost doubled. More motorcycles are on the road, and more are involved in accidents, deadly accidents.

According to records, the most likely person to die in a motorcycle accident is a 40 to 50-year-old man riding alone on a weekend.

Numbers elevate when riders don't want to wear helmets and lack experience.

Labor Day Weekend Safe Driving Tips

2008-08-27T22:30:00.001-07:00

Labor Day marks the end of summer and even with the high gas prices and questionable economy, millions of people will be hitting the highways trying to stretch their summer for one more extended weekend.

Here are a few safe driving tips to consider:

--Prepare you vehicle for long distance travel through preventative maintenance.
--Plan ahead and have your directions handy including the exit name and number. Plan your route in advance using a map or GPS.
--Don't rush. Leave early and don't let delays flumox you. Don't drive when sleepy.
--Show common courtesy to trucks. Don't cut in front of them because it takes them longer to stop.
--Trucks have blindspots. When sharing the road with large trucks, if you can't see the truck driver in his or her mirrors, then the truck driver can’t see you.

For a complete list of driving safety tips, visit the American's Road Team.

Drive safely as if your life depended on it...it does.

Seatbelt Malfunctions

2008-08-08T13:29:00.000-07:00

Improperly maintaining seatbelts can lead to unnecessary injuries after an accident.

Anyone who watches television has surely seen a number of commercials where cars display the rigors of road tests. These commercials are designed to make the buyer believe the car would be safe to drive. Such a marketing strategy is a very good one because people do place a high regard on the safety of their automobiles. But, it is not just the wheels, the brakes, and the body of the car that need to be in perfect shape. It is absolutely imperative that the seat belts installed in the car work properly as well. If not, then there is the potential for a very dangerous situation. Therefore, if the manufacturer is negligent is maintaining proper seatbelt safety then there may be the basis for a lawsuit.

The manufacturers are not the only one that may be held liable in the case of poorly maintained seatbelts. It is imperative that the car's owner also pay attention to whether or not the vehicle he is driving is safe. If the seatbelts in the car are not in proper condition then the driver of the car is being negligent. So, any passengers injured in the car during an accident as a result of improper seatbelts may have a claim against the owner.

Whether you are a driver of passenger in a car, it is always best to double check whether or not the seat belt remain secure when fastened. If anything seems out of the ordinary do not assume that the seatbelts will protect you from harm. Remember, since seatbelts are often the sole source of protection in a collision one should never make assumptions about their functionality.

If you are injured in a car accident as a result of faulty seatbelts, then you may have the basis for a negligence suit. If this is the case it would be best to discuss the situation with a qualified attorney as the need to recoup damages to cover medical expenses will be of paramount importance.

Proper Maintenance of Trucks

2008-08-02T13:30:00.000-07:00

Trucks need to be properly maintained to ensure safety.

With a recent spike in the high cost of fuel many people are finally starting to appreciate the value of those who work in the trucking business. If it were not for these professionals transporting goods across country, our economy would suffer severely. However, there are those who take the value of truckers for granted. Sometimes, it is the trucking transit company that places these drivers at risk. This often occurs by not properly taking care of the trucks these professionals are assigned to drive. Make no mistake about it to present a driver in a dangerous vehicle is to place the driver at enormous risk.

Imagine if the brakes on a truck are in poor condition and the trucking company knows about the problem but opts not to fix the brakes due to concerns over cost. In such a scenario, the trucking company may be held liable if at any accidents that occur.

Now, this is not to infer that only willful negligence can lead to liability. It is always the company's responsible to make sure the operation of the vehicle a safe. If benign neglect has led to the company not inspecting brakes or seatbelts and a car accident occurs, the company can clearly be held liable. Yes, the neglect has to be proven but this is not impossible with the right legal team.

If you have been injured as a result of a dangerous truck being placed on the road then you may have the basis for a lawsuit. As such, it is imperative to seek the counsel of an attorney if serious injuries occur. There will be hosts of expenses deriving from such an incident. Why not leave the responsibility for paying for the costs of the accident to those who are responsible for the accident? It is these costs that an attorney will seek to recover for you.

ATV Deaths - ATV Regulations - ATV Manufacturers

2008-07-30T16:01:00.000-07:00

ATV deaths have risen significantly in the recent years, thus prompting various groups to press for laws for stricter safety regulations.

ATV Deaths Bring Safety Debates In The Forefront
ATV deaths have risen significantly in the recent years, thus prompting various groups to press for laws for stricter safety regulations. In 2006, children under the age of 16 comprised nearly 30% of those who sustained serious ATV related injuries. This is why medical and consumer groups are pushing for stricter ATV regulations especially for children.

What Is Required?
Rise in ATV deaths have prompted consumer and medical groups to ask for a total ban on the use of ATVs by children below the age of 16. One such person is Renée Jenkins, who is president of the American Academy of Pediatrics. She believes that Consumer Product Safety Commission (CPSC) is putting more emphasis on training youth riders rather than banning the use of ATVs by this age group.

The Manufacturers Argue
The manufacturers of ATVs, on the other hand, contend that the rise in ATV deaths is due to the fact that the overall use of ATVs has increased in the recent years. They argue that even though the number of ATVs doubled between 2000 and 2005, the risk of death remained around one in 10,000. They also contend that rider education, parental supervision, and various state legislatures have already brought down the number of injuries in children under the age of 16.

However, the rise in ATV deaths shows that there is still a lot that can be done to bring down these numbers. First, the age for riding ATV should be set at 16 and above. Next, ATV manufacturers should be required by law to adopt uniform federal standards for breaking, speed controls, etc. This will ensure that the ATVs are safe for that particular age group. Driver education and parental supervision will further help bring down the accident and death rates.

ATV Protective Safety Gear: Wear It or Fear It

2008-07-27T20:37:00.000-07:00

Why is it that people skip the necessities and fail to wear protective gear when riding ATVs?

Worse, what about people (perhaps you) who fails to set a good ATV safety example for your teenagers?

High speeds, heavy equipment, rough terrain <---

The three above characteristics describe the ATV experience.

So where's your common sense?

Pay attention: This information could save your life or protect you, a family member of a buddy from a traumatic brain injury or traumatic ATV accident.

The most important ATV safety equipment is a helmet like that associated with a motorcycle or especially certified by the U.S. Department of Transportation. Do not skimp on an inferior imitation.

Additional ATV safety equipment includes:
--eye protection preferably googles to protect from flying debris, rocks, and dust

--hand protection preferably gloves

--feet protection - wear over the ankle boots

--overall protection - wear long pants and long sleeve shirt from debris

Airbags explode without warning when wet

2008-07-23T09:37:00.000-07:00

According to General Motors when certain airbags get wet, they can explode without warning in 1996 and 1997 cars such as Chevy Cavalier, Pontiac Grand Am, Pontiac Sunfire, Buick Skylark, and Oldsmobile Achieva.

GM recently mailed one million letters alerting owners but for some it was too late. The problem is not new but you have to wonder why wait more than ten years before notifying the public.

In these models, the airbag mechanism is under the passenger seat and during the heavy deluge of Midwest storms many cars were soaked from floodwaters.

Airbags deployed without warning stunning drivers, zapping them in the face further creating their ears to ring and their eyes to water. Fortunately, these drivers were not driving down the freeway at 65 mph at the time.

The letter from GM said, “Should your car ever become wet, the floorboards get soaked, don't drive your car, disconnect the battery and have it towed to a Chevrolet (or appropriate) dealership.”

But what about cars that were wet and are now dried out? Are they airbag time bombs?

Source: http://www.knbc.com/automotive/16946497/detail.html?rss=la&psp=news

ATV Safety - ATV Accidents - Vehicle Safety Legislation

2008-07-15T15:55:00.000-07:00

With thousands of kids getting injured and dying in ATV accidents, law makers need to come up with comprehensive ATV safety legislation. The law should seek to address all issues that contribute to ATV accidents and ATV related deaths.

ATV Safety- Need For A Comprehensive Safety Legislation
Authorities need to address ATV safety issues on an urgent basis. Thousands of kids are either severely injured or killed in ATV accidents. Moreover, there has been a significant rise in deaths in All-Terrain-Vehicle accidents. According to Consumer Product Safety Commission, there were 870 deaths in ATV accidents in 2005. In 2002, this number stood at 606.

Groups Fighting For Safety Legislations
Medical groups and other consumer groups have been fighting for stricter ATV safety regulations. One such group is the Concerned Families for ATV safety, a non-profit organization that was founded in 2005. Kim Smith is the coordinator for the group. She is also the mother of Bryan Smith, who suffered severe brain injuries while riding an ATV. The group wants Congress to pass a legislation that bans the use of ATV by children under the age of 16.

There are numerous debates that are going on in various state legislatures. In Massachusetts, there is a legislation pending that is seeking to increase the minimum age of riding from 10 years to 14 years. In 2005, North Carolina passed a comprehensive All-Terrain-Vehicle safety legislation. It focuses on parental supervision, educational requirements, and road and passenger prohibitions.

According to Specialty Vehicle Institute of America, there are roughly 8.6 million ATVs on US roads and there are approximately 25 million operators. With such wide spread usage, it is very important that the Congress and state legislatures come up with a comprehensive ATV safety law. The law should set adequate training requirements, age limits, require manufacturers to accept uniform federal standards for speed controls, braking and pitch stability, and ensure safety information to the consumers. Comprehensive safety legislation can bring down ATV accident and death rates.

Car Accidents and Traumatic Brain Injury

2008-07-09T09:00:00.000-07:00

Has a loved one been in a serious car crash or rollover? Has a defective airbag exploded in their face? Moving vehicle accidents are one of the leading causes of traumatic brain injuries. Caring for a loved one with a traumatic brain injury is an expensive and exhaustive burden. Don’t do it alone! Contact a law firm well versed in pursing traumatic brain injury settlements. Find out if you are eligible. Contact Anapol Schwartz law firm. 1710 Spruce Street Philadelphia PA 19103 * 866-735-2792

SUV & ATV - ATV Distributor - Terrain Vehicle Safety

2008-07-04T07:20:00.000-07:00

If your ATV distributor is found to be negligent with car, SUV, & ATV (All Terrain Vehicle) safety issues, you can file lawsuits against him, as it happened in 1996 when a woman sued a Yamaha Rhino ATV distributor because of the same reason.

Car, SUV, & ATV (All Terrain Vehicle) Safety - You Can Sue!

If you are traveling in a car, SUV, or other terrain vehicle, you must be aware of the various aspects associated with car, SUV, & ATV (terrain vehicle safety) safety. If you meet with an accident because of some manufacturing defect or negligence from your ATV distributor, you can sue the distributor and claim for compensation. Two years ago, in 2006, such a case was recorded in West Virginia when a woman sued an ATV distributor for manufacturing defects and for not installing in her vehicle a retrofit kit that keep the ATV passengers inside the vehicle even if it met with an accident.

In that particular case, the woman suffered serious and permanent injuries, as she got multiple fractures in her right hand and fingers. When the ATV (a Yamaha Rhino ATV in this case) rolled over, it severely crushed the upper extremities on her right side. This resulted in a permanent injury, and her right hand is still carrying a metal pin and other related hardware. This accident could have been avoided if the ATV distributor where she had purchased the Rhino from had installed the retrofit kit and other car, SUV, & ATV (All Terrain Vehicle) safety accessories.

It was not a rare case. Unfortunately every year, hundreds of people suffer injuries (some of them even die) due to ATV accidents. Therefore, it is important for you to understand the various issues associated with car, SUV, & ATV (All Terrain Vehicle) safety so that you can prevent accidents, and if one unfortunately happens, you know your legal rights.

SUV Safety - SUV Safety Concerns - Surface Transportation Reauthorization Act

2008-06-25T15:50:00.000-07:00

SUV safety concerns led to Congress passing the historic auto safety legislation in 2003. Hopefully this legislation will deal with the design flaws and other safety concerns related to SUVs.

SUV Safety- A Matter Of Grave Concern
SUV safety issue has become a cause of concern. SUVs were originally designed as work vehicles. The problem is that even today most of the SUVs are built using a truck chassis and have not been redesigned to be used as passenger vehicles, which is how they are mostly used today.

Design Flaws
Critics argue that it is the design of the SUVs that makes them so dangerous. SUVs feature a high bumper, stiff frame, and steel-panel construction. It is these features that prove deadly if a smaller vehicle crashes with a SUV. Moreover, SUVs have a weak roof and poor crash protection. This means that SUV’s occupants are at serious risk of death or paralysis in the event of a crash.

Safety Regulation
SUV safety concerns finally led the Congress to pass the Surface Transportation Reauthorization Act in June 2003. The law has set rollover crashworthiness measures, which will help reduce deaths in crashes where a SUV and other small vehicle is involved. It has also defined vehicle load capacity labeling requirements. This will educate the users about the load capacity of the SUVs and thereby prevent rollovers due to overloading. This legislation was passed after the Firestone tire saga in 2000 and 2001. After it was found that tread separations and blowouts were linked to 270 deaths, millions of tires were recalled. The investigation finally led to Congress passing the Surface Transportation Reauthorization Act.

Moreover, the industry has also acknowledged the SUV safety concerns. They have agreed to work on design changes that would reduce fatalities and injuries resulting from weight and size differences of SUVs. Figures show that fatality rate in rollovers is three times higher in SUVs than in other cars.

Do I Need An ATV Lawyer?

2008-05-27T09:07:00.000-07:00

Riding an all terrain vehicle can be an enjoyable time until a crash or rollover occurs. What began as an exciting afternoon can quickly turn into a nightmare, with painful months of recovery from serious injuries or, even worse, the death of a loved one. When something terrible occurs, you may be left wondering if you need an ATV lawyer.

While accidents can happen even to the most careful of people, in some cases, there is fault to be found. One prime example is the Yamaha Rhino ATV rollover problem. A defect in design can cause this ATV to tip over, even under the most perfect driving conditions. In cases where the vehicle’s design may be at fault, you should consult a rollover attorney to receive compensation for injury or wrongful death.

If you or a loved one has received ATV injuries, resulting from a defect in the design of an ATV like the Yamaha Rhino, the lawyers at Anapol Schwartz can help you get the money that you deserve. There is no need to suffer a financial burden due to the negligence of a large corporation; consult a reputable ATV lawyer as soon as possible.

New Generation of Airbags Save Costs at Trauma Centers

2008-05-26T12:05:00.001-07:00

When the new generation of airbags are used in conjunction with seatbelts, a new study shows that there is a significant reduction in the kinds of injuries previously seen as well as lower hospital death rates and infections caused by vehicle crashes which ultimately lowers expenses seen at trauma centers.

The study was published in a recent issue of the Journal of American College of Surgeons.

Motor vehicle collisions are a common cause of injury. The original airbag had a track record of injury and death especially small children and short people because of deploying at high speeds.

The study evaluated 14,390 victims admitted to a Level 1 trauma center. Patients were identified as unrestrained; airbag only; seatbelt only; or airbag and seatbelt. Victims who used both seatbelts and airbags were less likely to sustain severe injuries to the brain, face, spine, and chest and developed less ventilator-associated pneumonia and required less days in the hospital.

How to Protect Yourself during an ATV Crash

2008-05-25T09:06:00.000-07:00

With recent news regarding safety issues with such ATVs as the Yamaha Rhino ATV, in which rollover accidents occur without operator error, it is important to know what to do if an ATV crash does occur.

Many times these rollover incidents cannot be prevented due to design defects such as that with the Yamaha Rhino ATV, which is prone to tip over due to a narrow wheel base. However, Yamaha just recently offered to place doors on the ATV to prevent passengers from falling out of the vehicle in the instance of a rollover, but nothing has been done about the rollover issue itself.

With this said, what should you do if an ATV crash does occur? Control is quite difficult during a crash, but what is most important is that you do all you can to protect your head. Despite the fact you have on a helmet, tucking your chin to your chest can reduce the chance of neck injury significantly. Also, it is important to separate yourself from the ATV if at all possible, but that depends on the nature of the accident. Do not abandon the vehicle if you are not sure that you can do so safely.

So if your accident is one that is suspected to be the result of a manufacturing defect, such as the defects in the Yamaha Rhino, Anapol Schwartz can review the claim and let you know if you are entitled to compensation.

Why Should I Get a Lawyer?

2008-05-23T09:07:00.000-07:00

When accidents occur that are no fault of those who are injured or killed, something must be done to cover medical costs and the compensation that is paid to loved ones for the wrongful death of their family member. Such has been the case with all terrain vehicles and the many cases surrounding the Yamaha Rhino in particular.

When a manufacturing defect such as a narrow wheel base and lack of doors to further protect the passengers has resulted in an accident, it is only right that those injured seek an ATV lawyer to take care of their claims. Only an ATV lawyer has the necessary experience with ATV cases to determine that there is a case, take the case to court, and have compensation awarded to all parties involved.

You see, there is no need to have to foot the bill for medical costs associated with an accident that was in no way the fault of the injured. In addition, by filing suit, you can ensure that you are doing your part to raise awareness about the issue and send the message to ATV manufacturers that they need better safety standards.

Lawyers from firms such as Anapol Schwartz have the experience and the success record to get accident victims what they deserve to make their lives easier. Getting a lawyer can make a world of difference in a your life.

How do Wheels Affect ATV Safety?

2008-05-21T09:05:00.001-07:00

One would be amazed how the overall structure of an all terrain vehicle can have an impact on its safety. One of the most critical parts of an ATV’s design is the wheels. The wheels keep you on the ground, keep you rolling, and, unfortunately, contribute to many of the ATV accidents that occur.

Let’s look at the Yamaha Rhino ATV, for instance. It has a high incidence of rollover accidents because the wheelbase is too narrow. If the Yamaha Rhino had a wider wheelbase, it is believed that the ATV would have a less chance of rollover at low speeds.

Unfortunately, Yamaha has not issued any recalls on its ATV despite the wrongful death and personal injury lawsuits that exist against them and the belief that the narrow wheelbase has contributed to the increased chance of tip over. Instead, they made an offer to Yamaha Rhino owners to have doors installed for free to decrease the chance of injury without offering a solution for the rollover issue.

As an ATV owner, it is also important to maintain your ATV’s tires at all times to ensure that they are in good working condition, but if your accident was a result of faulty design it is important to talk to a lawyer today. Yamaha and other ATV manufactures need to be sent a message that safety is important to consumers.

ATV Lawsuits

2008-05-21T08:03:00.000-07:00

Every week, we’re hearing more and more cases of Yamaha Rhino ATVs tipping over, causing hundreds of injuries and even death. Have you been injured while riding in a Yamaha Rhino ATV? Call us at Anapol Schwartz today!

Our legal team is comprised of only the best and most experienced personal injury lawyers. If you need an ATV lawyer, don’t go with someone second-rate! Yamaha has experience attorneys fighting their case, and so should you. By calling Anapol Schwarz today, you can find out:

How to file a claim against Yamaha

Why Yamaha is responsible for the design defects causing your injuries

What to do if a loved one has been killed while riding a Yamaha Rhino ATV

The lawyers at Anapol Schwartz won’t lump you in with dozens of other ATV lawsuits against Yamaha. You’re more than a number to us – you’re a victim. We’ll review your case risk-free and help you determine if filing suit is right for you. At Anapol Schwartz, your needs are number one.

You have nothing to lose and everything to gain. Help us say “enough is enough” to big corporations like Yamaha who produce defective and unsafe items like the Yamaha Rhino ATV. Contact Anapol Schwartz today and tell us your story!

One Million Car Seats Recalled

2008-05-12T03:31:00.000-07:00

In the first quarter of 2008, the federal government announced that one million Evenflo Discovery child seats were being recalled. Why? Because they could come apart in a side-impact crash. Government insisted on a recall even though there is no standard that specifies how well such seats must protect children in a side crash.

This cause for recall is unprecedented. The problem was discovered only because the National Highway Traffic Safety Administration was working on developing side-impact regulations and conducted some child seat tests as part of that research.

The NHTSA felt the problem with the Evenflo car seat was so serious that, even in the absence of standards, a recall was in order.

For testing purposes, a ram struck the vehicle’s side at 38.5 miles an hour. The portion of the seat in which an infant would be strapped broke free of the base that anchored it to the car and was thrown around the interior. Testors called the results catastrophic.

The NHTSA asked Evenflo for a recall. Evenflo complied and decided to stop making the seats. Evenflo is not giving customers new seats. Instead, owners can request a dual-hook fastener designed to prevent the seat from separating from the base.

The number of child seats being recalled has increased in recent years. In 2007 there were 11 recalls of child seats, totaling about 3.35 million seats. That is slightly more than all the child restraints recalled during the previous four years.

Source: NY TIMES

Car Seat Safety

2008-05-12T03:29:00.000-07:00

A 2004 investigation conducted by the National Highway Traffic Safety Administration (NHTSA) found that eight infants died and 23 were injured in crashes after the Evenflo Discovery model 561 came apart.

That is the same problem responsible for the recall earlier this year of newer Discovery models.

Nevertheless, the NHTSA doesn’t want to reopen its 2004 investigation.

After four months, the agency closed that 2004 investigation, which covered about 2.6 million seats built from 1998 to 2004. Investigators said they could not find a defect and that some of the crashes occurred at high speeds. But the agency also noted that ending the investigation didn’t mean there wasn’t a defect and that they reserved the right to reopen the case.

Evenflo told the NHTSA that the Discovery seats were safe and that they had many reports of children whose lives had been saved in severe crashes.

The Discovery models are for infants and face the rear. They are designed to be more convenient because the portion in which the baby is secured has a handle. The newer Discovery seat came apart even though it was in a relatively protected spot, Evenflo agreed to recall Discovery models 390, 391, 534 and 552, produced from April 2005 to January 29, 2008.

Evenflo said the recalled seats are different from the ones investigated in 2004. The recalled models have an additional load-bearing structure including reinforced and new buttressing ribs and thicker walls.

For several years the Children’s Hospital of Philadelphia has studied what happened to children in thousands of real-world crashes. Some of those Discovery 561 models are now old, but they could still be in use.

There’s a simple way for the safety administration to get a handle on this. It could reopen the old investigation by taking one of the Discovery 561 seats, strapping it into a vehicle scheduled to go through a side-impact test and see what happens. If the Discovery 561 comes apart, the model could be recalled.

An agency spokesman said there were no plans to reopen the 2004 investigation because the Discovery model that was recalled is different from the model investigated in 2004.

Source: Child Car Seats Recalls, Past and Present (NY TIMES)

Central PA Lawyers and Costs

2008-04-16T11:29:00.000-07:00

There are many top of the fine lawyers in central Pennsylvania yet some may feel trepidation about seeing one. The reason for this is because they may be concerned about paying high legal fees. While cost should be a concern one should not assume what the fees will be without validating the exact figures. Often, many attorneys will provide free consultations and fee payments on a contingency basis. This makes legal services available to all and not inclusive. So, the notion that legal fees will always be excessive is far from accurate and there are a number of instances where legal fees could prove to be quite reasonable.

Central PA Lawyers and Costs

2008-04-11T06:11:00.001-07:00

PA Lawyer

2008-04-08T12:12:00.000-07:00

The selection of an attorney is an important decision during what is an already stressful time. A good first step is to seek the recommendation of friends or colleagues who have worked with an attorney. Alternatively, the Pennsylvania Bar Association at http://www.pabar.org/ can offer a referral based on location and case type. Another good website for you to locate a lawyer within the Commonwealth of Pennsylvania is http://pennsylvania.statelawyers.com/.

Once you have a few potential names, make some calls. Most attorneys will spend a few minutes on the phone with you to determine your legal problem and possible course of action. Select your attorney based upon information from the call and your comfort level.

The Ethical Pennsylvania Lawyer

2008-04-07T13:00:00.000-07:00

A truly ethical Pennsylvania lawyer will not take a case unless he or she believes that the case has a chance of being winnable. Truth be told, there are some folks who will file thoroughly silly lawsuits that are destined to be thrown out of court. A quality attorney will opt not to take such a case although if the plaintiff wishes to pursue the case until an attorney will take it up. If it is unwinnable then the attorney should announce to the client that such a case would be significantly difficult to win. What would be thoroughly unacceptable would be a lawyer who misrepresents the ability to win and accepts the client's money nonetheless. Thankfully, the number of such attorneys is relatively miniscule.

Wrongful Death Suits and Justice

2008-04-04T10:57:00.000-07:00

A common question that arises when it comes to filing a Pennsylvania wrongful death claim is what is the benefit of such claims? After all, no monetary settlement or judgment can bring anyone back to life. This is true, but such a judgment can also bring a sense of closure to the situation. When negligence is the result of a traumatic event there will be a desire for justice. A wrongful death verdict can provide that justice as well as a clear landscape of closure to what was otherwise a very trying situation. This is, of course, better than no action at all.

The Pennsylvania Lawyer who Understands the Locale

2008-04-01T03:34:00.000-07:00

When one hears the term Pennsylvania lawyer does this moniker assume that the lawyer's skills are limited by geographic location? Absolutely not and the notion that such a lawyer would be "limited" in skill is an erroneous one. What it does mean is that the lawyer is not only skilled in the law but also with the nuances of a law within a particular state. In addition to understanding the law in a particular state, a Pennsylvania lawyer also understands the people who make up the state of Pennsylvania and understands their own unique needs in relation to the law. As such, the moniker of "Pennsylvania lawyer" does not represent limitation as much as a wide range of specialized knowledge and that is clearly an attribute. It usually is used to refer to the licensing to practice law in the Commonwealth (State) of Pennsylvania

Fosamax Alert from FDA

2008-03-10T08:18:00.000-07:00

FDA alrerted healthcare professionals about severe bone, joint, or muscle pain occuring in patients taking bisphosphonate drugs such as Fosamax.

While some patients have complete relief of symptoms after they stop taking the drug, others have reported slow or incomplete resolution.

Doctors should determine whether musculoskeletal pain in patients on bisphosphonates might be caused by the drug.

FDA MedWatch Safety Alert.

January 7, 2007.

See Monheit Law For Information About Fosamax Lawsuits.