Ayerbe & Arnold, LLC Ayerbe & Arnold, LLC2024-03-18T13:31:21Zhttps://www.aainjury.com/feed/atom/WordPress/wp-content/uploads/sites/1503329/2021/10/cropped-Ayerbe-and-Arnold-site-icon-1-32x32.pngOn Behalf of Ayerbe & Arnold, LLChttps://www.aainjury.com/?p=477072023-08-01T19:15:01Z2023-08-01T19:15:01Zmajor car accident during your ride.
Getting hurt in a crash caused by an Uber or Lyft driver can make things complicated when the victim seeks compensation for damages like medical bills and lost wages. Besides the driver themselves, the rideshare company could share responsibility. For example, they might have allowed your driver to work for them despite a record of speeding tickets or DUIs.
Not the normal third-party liability for employers
Normally, when a negligent driver injures somebody in the course of their work duties, their employer can also potentially be liable. But Uber and Lyft argue that their drivers are not employees, but "independent contractors," and thus, they have no third-party liability for a car wreck involving one of those drivers. So far, most courts have sided with the companies.
However, both Uber and Lyft require their drivers to carry collision insurance. They also supply third-party liability coverage to drivers if their app was turned on when the collision occurred. Depending on the limits on each of these policies, you might be able to seek complete compensation for your financial and non-economic damages, such as pain and suffering.
Don't give up on getting compensated
Don't be discouraged by this. It is still possible to get the compensation you deserve after a Lyft or Uber driver seriously harms you. Discuss the details of your accident with a personal injury attorney for more information.]]>On Behalf of Ayerbe & Arnold, LLChttps://www.aainjury.com/?p=475322022-10-19T17:16:58Z2022-10-19T17:16:58ZSpeed
One of the reasons why Gray Highway is a concern is it has six lanes of traffic that move along at fast speeds. There are all sizes of vehicles barreling down the road, which increases the risks to pedestrians.
Condition
The walking areas around the highway are also not well-kept. They feature tall grass that makes walking difficult. But for many in the area, this is the best path to take to get to amenities, such as the grocery store.
Solutions
The Pedestrian Safety Review Board seems like it has the task of identifying and addressing areas that are dangerous for pedestrians, but they have yet to tackle Gray Highway. The reality is the group typically sticks with education programs and not addressing the actual risk factors or issues. The board is not likely to properly help with the problem, but it could appeal to the state for help.
Unfortunately, the state is managing a lot of roads, and money only goes so far. There is also a lot of bureaucracy to deal with. It can be tough to sway the state to tackle an issue like this. In addition, the PSRB hasn't taken much of an interest in tackling the Gray Highway issue.
Fixing this deadly pedestrian area may not be easy. It could take a lot of pushing by citizens to get some action.]]>On Behalf of Ayerbe & Arnold, LLChttps://www.aainjury.com/?p=475292022-10-12T21:46:44Z2022-10-12T21:46:44ZLocation
When first responders arrive on the scene, they will see where the wreck took place. An address is a great start, but having evidence of other details can corroborate your version of events. Some other things to consider photographing to show your location include the following:
Street signs
Surrounding restaurants or businesses
Position of each vehicle
The layout of the road in relation to the wreck
This type of information will be useful in situations where you have to retell your story. Not only will listeners be able to see firsthand what you describe, but you can also have the photos to preserve your recollection of events.
Damage
Vehicular damage can be a subjective topic. You might worry that the other driver will downplay the severity of the damage to your property. According to U.S. News, take pictures of your damaged vehicle from every angle. Also, take pictures of any other vehicle involved. Photographs of each vehicle from all angles will protect you from falsified claims about damages that did not occur in the accident.
Similarly, take pictures of any injuries you sustain. Document your recovery and whether or not you notice any new symptoms or if any injuries worsen. You can also include any medical notes from your doctor.
Save all of your photos and store them in a safe place. You will feel grateful to have them when the time comes to retell your story.]]>On Behalf of AA Lawhttps://www.aainjury.com/?p=461532022-02-17T15:09:22Z2021-10-20T20:53:31Zfatigued driving among truckers may be even higher, because 73 percent of those surveyed were short-haul rather than long-haul truck drivers. Much like alcohol intoxication, fatigue increases the risk of accidents by impairing a driver’s judgment, alertness, vision and reaction times. Because a semi can weigh up to 40 tons, or 16 times more than an average passenger vehicle, the danger of severe accidents caused by fatigue is especially high when commercial truck drivers are involved.
Sleep Apnea Increases Fatigued Driving Risks
While fatigue and drowsiness are a major safety concern for all commercial truck drivers, the risks are even greater among truckers who suffer from sleep apnea. Sleep apnea is a disorder that causes an afflicted person to stop breathing for brief, repeated periods while sleeping. The breathing disruptions may occur up to 400 times per night, depriving the individual of restful sleep and causing him or her to be drowsy or nod off at inappropriate times during the day.
The Federal Motor Carrier Association estimates that as many as 28 percent of licensed commercial drivers have sleep apnea. Studies show that truck drivers with sleep apnea are much more likely than other drivers to be involved in accidents, and federal regulations permit disqualification of drivers with moderate to severe sleep apnea. However, many people with sleep apnea are unaware that they have the disorder.
To help prevent truck accidents caused by drowsy driving, the National Transportation Safety Board has recommended stricter regulations aimed at identifying drivers at risk for sleep apnea and obtaining special medical certification for drivers affected by the condition.
Legal Help for Accident Victims
People who are hurt in accidents caused by fatigued driving may be able to receive compensation for their injuries, medical bills and other expenses. To learn more about the legal options available after a fatigued driving crash, contact an experienced personal injury lawyer.]]>On Behalf of AA Lawhttps://www.aainjury.com/?p=461512022-02-10T19:07:56Z2021-10-20T20:53:20Zlogging truck crash occurred in Washington State less than two weeks later when a 23-year-old man crashed his SUV into a disabled log truck while trying to bypass slow-moving traffic. Authorities believe that aggressive driving was at fault in the crash.
Driver Habits Can Raise Risk of Car Accidents
Car and truck accidents are the leading cause of death among people age 5-34 in the United States, according to the Centers for Disease Control and Prevention. In 2009, there were an estimated 10.8 million car accidents in the U.S., causing nearly 34,000 deaths and countless injuries. As illustrated by the recent logging truck accidents, many of these tragic accidents are the result of dangerous driving habits that could otherwise be avoided.
In addition to aggressive driving and fatigued driving, both of which create an unnecessary risk of accidents and injuries for both the driver and others on the road, distracted driving is another major cause of accidents.
Distracted driving involves any activity that takes a driver’s focus off the road, such as eating, changing the radio station or looking at a map while driving. In recent years, cellphones and text messaging have become a particularly dangerous and widespread source of driver distraction. Compared to other forms of distracted driving, texting or using a handheld cellphone is especially dangerous because it occupies a driver’s eyes, hands and concentration simultaneously.
Georgia Distracted Driving Law
In Georgia, text messaging is banned for all drivers and cellphone use of any kind is prohibited for drivers under the age of 18. A recent attempt to pass legislation that would have banned handheld cellphones for drivers of all ages was unsuccessful.
Distracted drivers in Georgia can be held liable when they cause accidents that kill or injure other people. To learn about the possibility of pursuing compensation for injuries sustained in a car or truck accident, contact an experienced personal injury lawyer.]]>On Behalf of AA Lawhttps://www.aainjury.com/?p=461492022-02-10T19:09:08Z2021-10-20T20:53:09Zdistracted driving and other dangerous behaviors that have become increasingly common in recent years.
80,000 Pounds of Potential Disaster
Distracted driving involves any activity that takes a driver’s focus off the road, such as eating, changing the radio station or looking at a map while driving. Recently, cellphones and text messaging have become a particularly dangerous and widespread source of driver distraction. While distracted driving is risky for anyone, the risk of catastrophic damage is especially high when the distracted individual is a commercial truck driver, whose vehicle may weigh up to 18 times more than the average passenger car.
Compared to other forms of distracted driving, texting or using a cellphone is especially dangerous because it occupies a driver’s eyes, hands and concentration simultaneously. According to a study by the Virginia Tech Transportation Institute, sending or receiving a text message distracts a driver’s eyes from the road for an average of 4.6 seconds. For a commercial truck driver traveling at 55 miles per hour, this is the equivalent of driving a 40-ton vehicle the length of a football field – blindfolded.
Laws Target Distracted Driving
In Georgia, text messaging is banned for all drivers, but it is not against state law for adult drivers to talk on a cellphone behind the wheel. Fortunately, a federal law that went into effect in January 2012 bans hand-held cellphone use for interstate commercial truck drivers, including those traveling through Georgia. However, despite the ban, some truck drivers continue to put the lives of others at risk by using cellphones behind the wheel.
Distracted truck drivers in Georgia can be held liable when they cause accidents that lead to death or injuries. To learn about the possibility of pursuing compensation for injuries sustained in commercial truck accident in Georgia, contact an experienced personal injury lawyer.]]>On Behalf of AA Lawhttps://www.aainjury.com/?p=461472022-02-10T19:09:35Z2021-10-20T20:52:58Zdriver fatigue, which leads to a high risk of truck accidents.
Under previous regulations, truck drivers could work up to 82 hours per seven-day week. The new rules reduce the maximum amount to 70 hours per week on average. The new rules also recognize that the body is most in need of sleep during 1 a.m. to 5 a.m. Because of this fact, the new rules dictate that truck drivers must rest during this time at least two nights of the week. The new rules also require truck drivers who have worked eight consecutive hours to take a 30-minute break before returning to work.
The new rules made no change to the current regulations limiting truck drivers’ daily driving limit of 11 hours.
The rules are set to go into effect on July 1. However, several trucking association groups have objected to the rules and filed a lawsuit in the U.S. Court of Appeals to block their implementation. The groups argue that the new rules were implemented in an arbitrary and capricious manner, without evidence to back them up. The court recently heard arguments. A decision is expected soon.
New rules could save lives
Although the new HOS regulations are receiving some pushback from industry advocates, they could help save lives, by ensuring that truck drivers are well rested. Studies by the FMCSA confirm that the longer the driver spends behind the wheel, the higher risk there is of being involved in a truck accident.
Truck accidents are a big problem on the nation’s roadways. According to the Insurance Institute for Highway Safety, in 2010, over 500,000 trucks and commercial vehicles were involved in accidents. As a result of these accidents, over 100,000 people were seriously injured. In addition, 5,000 people were killed, up from 3,200 from a year earlier.
If you or a loved one has been injured in a truck accident, contact an experienced personal injury attorney. An attorney can investigate the cause of the accident and advise you of your right to compensation for your injuries.]]>On Behalf of AA Lawhttps://www.aainjury.com/?p=461462022-02-17T15:10:11Z2021-10-20T20:52:47Zfatal injuries often result. Although each circumstance is unique, many motorcyclists find themselves in accidents caused by the driver of another vehicle. A new study has shed light on one possible reason that car drivers may be more likely to get into accidents with motorcyclists.
Judgment errors may endanger motorcyclists
A Texas Tech study suggests that some motorcycle accidents are due not necessarily to negligence on the part of either driver, but rather to an error in the way that the brain judges speed and distance. This error occurs more often with motorcycles than other vehicles simply because motorcycles are smaller.
Study participants were shown a computer simulation in which a large and small object were simultaneously approaching. The small object would arrive at the viewer first. However, when asked which object would hit first, participants consistently chose the larger one.
Researchers note that the brain has two ways of predicting how soon something will arrive. One way is to make a judgment based off of how an object’s size increases as it approaches. This is the most reliable way that the brain can gauge speed of approach. The less reliable way is more of shortcut: the brain perceives larger objects as being closer. The fact that participants in the experiment failed to appreciate how “close” the smaller object was indicates that they were likely using the shortcut, and using size – rather than changes in its size – to decide how soon an object would arrive.
The study theorizes that this error in judgment may adversely affect motorcyclists, since a motorcycle is smaller than a car and hence might appear farther away than it should. This could contribute to accidents like cars pulling out directly in front of motorcycles. It seems that even drivers who aren’t driving intoxicated or in a state of fatigue might be impaired when it comes to judging how to avoid accidents with motorcyclists.
Preventing motorcycle crashes
Motorcycle accidents remain a serious problem that deserves attention. The CDC reports the following statistics:
4,502 people were killed in motorcycle accidents in 2010.
Between 2000 and 2010, motorcycle-related death rates increased by over 50 percent.
Between 2001 and 2008, more than 1 million people received motorcycle related injuries.
From 2001 to 2008, the number of people injured annually also increased, from an estimated 120,000 to 175,000.
The CDC recommends that motorcyclists wear helmets and protective clothing, avoid riding drunk and use caution when closely following people or driving on unsafe surfaces. Sadly, though, some motorcycle accidents cannot be prevented just by changes in the motorcyclist’s behavior.
If you or a loved one has been injured in a motorcycle accident, you should meet with a lawyer to discuss compensation for those injuries.]]>