Tipton Law OfficesFairmont WV Personal Injury Attorney | Tipton Law Offices2024-03-07T22:12:46Zhttps://www.tiptonlawwv.com/feed/atom/WordPressOn Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476832024-03-07T22:12:46Z2024-03-06T22:12:14ZPoor road design
The number of fatal accidents in the United States connected to poor road design might be higher than people realize. A study that examined information compiled by the National Highway Travel Safety Administration suggests that poor road design may contribute to the chances of a crash. For example, poor marking on the road may confuse someone trying to stay in a lane. If the driver is intoxicated or distracted, the risks might increase further.
Neglected roads can lead to accidents
A road might also fall into a state of neglect, as evidenced by potholes and other imperfections. Suppose the local municipality doesn't perform critical repairs. In that case, people who suffer harm in a motor vehicle collision might file a lawsuit against the local authorities and others who might be liable.
Car accidents can occur in several ways when commuters travel on a dilapidated or poorly maintained road. A vehicle can hit a pothole and suffer a blowout, hitting another car. In such an incident, the local municipality may be liable for not repairing the potholes. However, if the vehicle's driver suffering the tire mishap knew the tires required replacing, the driver may be partially responsible for the accident.
Parties who are liable for motor vehicle accidents might have insurance to cover such incidents. A driver's auto insurance or a contractor's business liability policy may address claims. An insurance settlement may provide sufficient compensation to the victims.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476822024-02-19T19:50:00Z2024-02-19T19:50:00ZThe causes of fatal auto accidents
There are almost a limitless number of possible causes for auto accidents. Still, most accidents in West Virginia and other states fall into common patterns. This includes causes and contributing factors such as:
reckless driving
drunk driving
sleep deprivation
speeding
failure to yield
failure to wear safety belts
disregarding road signs and traffic lights
tailgating
poor road conditions
wildlife
At the top of this list is reckless driving. Not only is this a clear sign of negligence, it's also at bottom a misdemeanor that can rise to the level of a felony. While other items on this last may be unavoidable such as the appearance of wildlife on the road, reckless driving and the accidents it causes are certainly the fault of the motorist.
The repercussions of reckless driving
Reckless driving can have serious consequences, including fatal auto accidents. This in turn can lead to criminal prosecution including jail time, fines, community service and the loss of driving privileges. Even when there isn't a criminal prosecution, there can still be massive consequences. In addition to the guilt of causing a death, you may end up being sued. If reckless driving can be proven to a jury, the loss of a significant amount of money can almost be guaranteed. You probably won't be able to depend on your car insurance in this situation either.
Overall, deadly accidents can have a lot of consequences. This is true for the victims that don't survive. It is also true for those who caused the accidents. This is why drivers should always be defensive as opposed to reckless.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476802024-02-07T04:09:02Z2024-02-07T04:09:02Ztruck accident injuries.
The mechanics of an underride accident
Part of the reason that underride accidents happen is due to the engineering of vehicles, both trucks and passenger vehicles. The height of many truck trailers is such that the bottom of the trailer is roughly the same height as the top half of a sedan or smaller passenger vehicle.
The top portion of a sedan has very little substance relative to the mass of a truck trailer, meaning that the trailer can shear off the top of the smaller vehicle very easily, even at relatively lower speeds. Tragically, this can often cause great damage to the occupants of that smaller vehicle.
Why do underride accidents happen?
The most common cause of underride accidents is related to visibility. In general, they occur because the truck is attempting some maneuver (like crossing an intersection, changing lanes or making a turn) and a passenger vehicle doesn't properly see the truck.
Intuitively, it would seem like a massive truck/trailer is difficult not to see. But several factors can make it more difficult than you'd expect. The biggest factor is low-light conditions. Most underride accidents happen at night or when visibility is poor. Additionally, conditions where the truck tends to blend in with the surrounding background increase underride risk. An example might be areas near truck stops or fuel stations, where signage and lighting can provide a confusing backdrop for spotting a nearby truck.
Underride accidents are one of the more dangerous accidents, posing grave risks to smaller passenger vehicles. It's crucial to always pay extra attention to any trucks in your vicinity, especially in conditions that make visibility more difficult.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476782024-02-02T04:31:36Z2024-02-02T04:31:36ZDangers
In addition, the size of commercial trucks means that they have the potential to cause more damage in motor vehicle accidents than smaller car. This size also makes them more difficult to stop. There are other dangers as well. For example, a truck may jackknife, hitting more vehicles, or there could be an underride crash, in which a vehicle goes under a truck.
Driving while fatigued
Drivers may feel pressured by deadlines to work when they are ill or on medication, both of which could increase the likeliness of fatigue. Like any other driver, truck drivers might also get on the road after having a few alcoholic drinks. A drowsy truck driver may have a slower reaction time or might find their decision-making skills suffering. They may also simply fall asleep while behind the wheel.
Truck accidents
Drivers can take steps to protect themselves from trucks and other vehicles by staying alert and leaving plenty of space between their own vehicle and others. They should keep in mind the extra braking room that trucks require. If an accident does occur, drivers should note down as many details as possible and take photos if they can.
It is not known exactly how many accidents in the United States are caused each year by drowsy driving because in some cases, determining this relies on self-reporting. Truck drivers in particular may be reluctant to admit that they were sleepy while behind the wheel since it could affect their jobs. However, it is important for all drivers to be aware of the dangers of drowsy driving and to drive defensively.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476762024-01-29T06:59:04Z2024-01-29T06:59:04ZThe Vision Zero project
One such effort to eliminate wrongful death auto accidents is known as the Vision Zero project. Vision Zero began in Sweden and was adopted by the Swedish government in 1997. Many other European countries and American and Canadian cities have since adopted it. It involves redesigning roadways and works on principles such as:
lowering speed limits in areas with pedestrians
lowering contact points between pedestrians and vehicles
lowering frontal collisions between vehicles
lowering side collisions between vehicles
lowering roadside fatalities to zero
It has been some time since Vision Zero was implemented in different countries and cities, and it has had varying levels of success. In New York, it was implemented 10 years ago, and deaths have dropped by about 40% since that year, although the rates have fluctuated from year to year. Other cities that have tried to adopt Vision Zero, like Los Angeles, however, have seen increases.
The causes of roadway fatalities
It's good to understand just why such roadside fatalities happen in the first place. Most happen for very specific reasons such as:
drunk driving
speeding
distracted driving
failure to wear safety belts
reckless driving
poor weather
driver fatigue
improper turning
car malfunction
Vision Zero is mostly concerned with redesigning roadways to lower traffic accidents. However, as you can see, most accidents are caused by driver behavior. Redesigning roadways will probably never lower fatalities to zero alone. Instead, driver behavior must also be changed. That will have to require more education and convincing normal people to deploy more safe and defensive driving techniques.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476742024-01-15T04:44:07Z2024-01-15T04:44:07ZDownplaying injuries
It’s not uncommon for accident victims to downplay their injuries. That can include refusing medical aid at the scene of the accident. Or, downplaying the severity of their injuries. This type of action after an accident can interfere with future injury claims.
Missing vital deadlines
Many accident victims don’t realize there are deadlines to follow. There are deadlines for filing claims and for seeking medical attention. Missing a deadline can make it nearly impossible for victims to get compensation for their injuries.
Failing to file a police report can cause problems after a car accident. That’s why filing reports and seeking medical attention right away is beneficial for anyone who’s suffered injuries in a car accident.
Sharing too many details
A little information can go a long way after a car accident. Information that you share with the other driver could be used by that driver's lawyer or insurance company to challenge or minimize your claim. Share the information required by law and provide other details to your own insurance company, physician, and lawyer.
Admitting any type of fault
Emotions can run high after a car accident. Because of that, many accident victims wrongly admit to some type of fault. Unfortunately, admitting fault can turn into a costly mistake. It’s best to let the investigation determine who’s at fault for a car accident.
Accidents happen. Avoiding mistakes can prevent problems for people who get injured in accidents.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476722023-12-28T05:13:33Z2023-12-28T05:13:33ZDemographic analysis of fatal accidents linked to speeding
Over the years, research has been done to analyze factors that make the roads unsafe as well as who is more likely to get into accidents. As it concerns speeding, the data is as follows.
Type of vehicle
Passenger vehicles dominate road traffic, making them frequent contributors to fatal road accidents. They constitute 30.6% of the vehicles involved in deadly accidents. The popularity of light trucks in West Virginia is increasingly high. Over 40% of fatal accidents have been attributed to light truck collisions. Surprisingly, a mere 4.1% of fatal car accidents in West Virginia involve large trucks and tractor-trailers.
Most of the severe motorcycle accidents result from insufficient protective barriers. 15.5% of motorcycle riders have experienced fatal accidents.
Age
The ages of people who are in wrongful death auto accidents can vary. Nevertheless, individuals aged 35 to 45 face the highest susceptibility. Teen drivers may hesitate to speed due to a lack of confidence from limited driving experience.
Types of crashes
Accident severity depends on collision type, road classification, and conditions. In multi-car crashes, the death rate is around 32.1%, compared to below 30% in crashes involving two cars. The deaths were higher in dark road conditions.
Speeding is dangerous and can cause harm to you and others on the road. One of the best protections against careless drivers is using a seatbelt. Utilizing a seatbelt significantly diminishes the chances of a fatal outcome in a car collision. Another protection is to drive defensively and cautiously.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476692023-12-12T18:54:47Z2023-12-12T18:54:47ZMotorcycle accident injuries are often severe. Motorcyclists don’t have the same level of protection provided by most other motor vehicles. There’s no barrier between the motorcyclist and the road.
Motorcyclists are also less likely to have ABS-equipped motorcycles. In 2004, ABS became mandatory on all vehicles manufactured and sold in the United States. ABS allows drivers to steer during emergencies by restoring traction to the tires.
Concerns for motorcycle safety
ABS isn’t a requirement for motorcycles in the United States. The Insurance Institute for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI) are asking the federal government to remedy this situation by requiring ABS on all new motorcycles.
Some motorcycle manufacturers have started to equip their motorcycles with ABS. However, it’s a matter of choice and not required by law. About 59% of new motorcycles are equipped with ABS, as of 2023. The IIHS and the HLDI want to make that number 100%.
The benefits of ABS
There’s evidence that motorcycles with ABS are safer than those without it. The IIHS did a study that found motorcycles with ABS have 22% lower accident rates when compared to the same models of motorcycles without ABS. Research also shows that motorcycles with ABS account for fewer insurance claims than motorcycles without ABS.
Possible setbacks
There’s concern that ABS could make motorcycles less efficient on some surfaces, such as gravel. A possible solution is for motorcycles to have a switch that turns ABS on and off. The rider can turn ABS off on gravel and loose surfaces but turn it back on when on a paved road.
ABS might make motorcycles safer, but accidents will still occur. The hope is that if all motorcycles have ABS, it will result in fewer accidents and more saved lives.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476672023-12-04T03:01:01Z2023-12-04T03:01:01ZReducing T-bone accidents
When a vehicle collides with the side of another automobile, a term for this situation is a T-bone accident. That's because the angle of this collision is T-shaped. However, drivers on roundabouts don't have to deal with intersections or the possibility of a T-bone collision. That's because roundabouts have traffic moving together in one direction.
Fewer decisions for drivers
Drivers must make many decisions behind the wheel. Fortunately, traffic lights and stop signs are eliminated on roundabouts reduces decisions drivers must make. Instead, drivers can maintain a focus on safely entering or exiting a roundabout.
Reaching destinations faster
Besides motor vehicle accidents, high-traffic areas can also lead to congested roads. These roads create bumper-to-bumper traffic and many frustrated drivers. Fortunately, a roundabout can handle many more vehicles than traditional intersections. Plus, traffic circles keep vehicles moving at all times.
Quicker emergency response times
Understandably, drivers need to reach their destinations quickly. The same holds true for police and emergency medical services when traveling fast can mean the difference between life and death. A constant flow of vehicles in a roundabout makes it easier for ambulance or police car drivers to reach those who need them.
While roundabouts may seem intimidating, these roads can and often do reduce automobile accidents. The central island of a roundabout can also reduce accident-related injuries and deaths among pedestrians.]]>On Behalf of Tipton Law Officeshttps://www.tiptonlawwv.com/?p=476652023-11-30T05:40:10Z2023-11-30T05:40:10ZNew carriers and collisions
In 2021, a significant increase in registrations for new common carriers occurred. The monthly new registrations figures from 2021 are roughly double those from 2019. Such figures suggest more trucks are on the roads, which might factor into why more accidents involving trucks may happen.
A further examination by the Federal Motor Carrier Safety Administration shows that in 2018, new carriers contributed to 1.3% of all large truck and bus collisions. In 2021, those who entered the industry in 2018 contributed 3.5% of such crashes. Such figures are problematic because the trend may continue upward, suggesting more crashes on U.S. roads.
Reasons for truck crashes
The reasons for truck accidents vary based on individual circumstances. Even when a carrier emphasizes safety, a driver's negligence might lead to an accident. For example, the driver may become intoxicated or change lanes without checking a blind spot. The driver then may face a negligence claim for any harm inflicted, and the injuries could be severe considering the size of a massive semi-truck.
The carrier could be liable when it contributes negligence. Truck employers must log mandatory breaks to avoid accidents related to fatigue. Not following federal regulations could leave the employer responsible for a collision. Similarly, the truck carrier may be liable for accidents resulting from improperly maintaining the fleet and putting dangerous vehicles on the road.]]>