Now, two years after Boogaard's death, his family is suing the NHL for wrongful death. The lawsuit claims that the league is responsible for the bodily harm that Boogaard suffered on the ice (it was found, post-mortem, that Boogaard suffered from chronic traumatic encephalopathy, a dangerous condition that leads to the deterioration of brain tissue) and that the league was responsible for Boogaard's painkiller addiction.
]]> The family filed another suit late last year against the NHL Players' Association, but that case was dismissed. This new lawsuit seems to be more broadly constructed, and likely has a better chance of succeeding. The lawsuit alleges that Boogaard was given thousands of pills and numerous pain-killing injections to deal with the immense physical damage he suffered while playing hockey.An interesting note in this case is that the family have not requested a monetary sum. Instead, they want a jury to look at the case and determine what compensatory award the family should receive. Remember that with any civil lawsuit, there are caps on what the plaintiff can receive from the case, regardless of what the ultimate ruling is.
Source: New York Times, "In Suit Over Death, Boogaard's Family Blames the N.H.L.," John Branch, May 12, 2013
]]>A truck driver was operating his vehicle in Miami, Florida when he approached an overpass. There was no signage that indicated a low clearance, so the trucker just kept on going. The truck's cargo was too high to clear the overpass, though; and a bunch of boating equipment fell on top of a car that was trailing the truck after the inevitable collision happened. Somewhat miraculously, no one was injured in the truck accident.
]]> It does not appear that the truck driver was negligent in other ways: the police are considering charges, but they have not filed any, nor does it look likely that they will. This appears to be a simple accident.However, even without the signage about a possible low clearance, the truck driver in this crash should be able to act on the fly. He should know that an overpass is coming up, and it likely appeared to be a close fit. He should have made the appropriate decision to avoid the street.
Even without charges, and even though the driver of the other car was not hurt, there could still be a civil lawsuit that comes out of this case. The police could reach a conclusion in their investigation that provides the victimized driver with the means to seek compensation for her damaged property.
Source: Miami Herald, "Semi hits overpass on Biscayne Boulevard, cargo falls on car; driver unhurt," Margaux Herrera, April 10, 2013
]]>The car accident occurred here in Alaska, after a 26-year-old man lost control of his car and smashed into another vehicle carrying four people. The accident happened later at night, and weather likely played a factor. After the crash, helicopters were called in to take some of the badly injured passengers to the hospital; but some of them had to change their flight plan because of the weather.
]]> In total, one young boy was critically injured; and three others were seriously injured. The 26-year-old who caused the accident was treated for minor injuries.Just like after any car accident, police launched an investigation into the wreck. The post-accident investigation is critical for the injured parties. The findings of law enforcement officials can greatly support any civil lawsuit they file against the potentially negligent driver. They will comb over the driver's history; they will see if he was intoxicated or distracted in some way; and they will try to find out if some other reason caused him to lose control of his vehicle.
The determination of investigators goes a long way; but it is important to understand that you must give them time to complete the actual investigation. They are handling so much at any given time. While it would be nice if they would drop everything and make your case a top priority, that simply is not a reality. Have patience -- and the results could help you settle on what legal course of action you want to take.
Source: Associated Press, "4 seriously injured in 2-car crash outside Wasilla," March 24, 2013
]]>According to researchers -- who observed more than 1,100 pedestrians crossing the street at 20 "high-risk" intersections -- 29.8 percent of pedestrians they observed were distracted when they crossed the street. The distractions were centered on tech equipment: 11.2 percent were listening to music; 7.3 percent were texting someone; and 6.2 percent were making a phone call on a cell phone.
]]> Another major point from the study is that the texting pedestrians took substantially longer to actually get across the road than other pedestrians -- 18 percent longer, in fact. That means they are not only less likely to notice an oncoming vehicle, but they are also granting vehicles more of an opportunity to hit them.Certainly this study is alarming; it points to the need for improved pedestrian safety measures, in addition to a change in attitude of pedestrians. It may sound silly, but using your cell phone while walking is just dangerous. Take a step to the side, stop what you're doing and send a text or phone call if you absolutely have to.
However, this study should be taken with a grain of salt. The "distracted" label is being placed on these pedestrians simply based on appearance. It is certainly possible that many of these pedestrians were, indeed, paying attention to the road. It is possible to listen to music and still obey traffic signals or watch for oncoming cars. Motor vehicles need to be paying as much attention as they can while approaching an intersection so that they avoid a collision with pedestrians.
Source: The Atlantic, "Study: 1 in 3 People Is Distracted by Their Phone While Crossing Busy Streets," James Hamblin, April 15, 2013
In many cases, the aviation accident stays true to its name -- it is merely an accident. However, there are some cases where air traffic control makes a mistake; where a pilot makes an error; or where a mechanical failure, that either should have been caught or was caused by a faulty or defective part, causes the aircraft to go down.
]]> More often than not, the pilot is at fault -- and a recently completed investigation, into what many consider the first aviation accident that involved a texting pilot, has found this to be true.The pilot of a medical helicopter that crashed in 2011, killing all four people aboard the aircraft, was texting before he took off. As a result, he did not perform a proper pre-flight inspection of the helicopter. He actually covered up this fact by lying to air traffic controllers about how much fuel was remaining, claiming he had 45 minutes of fuel left when he really only had 30.
Investigators did not blame the whole episode entirely on the pilot's texting; but instead ruled that the texts "contributed" to the aviation accident. Clearly this pilot had some negligent tendencies, as shown by his misrepresentation of the truth to his superiors.
Source: Associated Press, "NTSB: Pilot's texting contributed to copter crash," Joan Lowy, April 9, 2013
This unfortunate accident is exactly that -- an accident. It is unlikely any fault will be involved with the wreck, though an investigation is under way. The vehicle the motorcycle struck had almost reached a stop. It appears that this was simply a tragic event, something that no one could have prevented.
]]> However, this story provides a couple of noteworthy factors for Alaska residents to consider in relation to motorcycle accidents. The first is that the motorcyclist in this accident was not wearing his helmet when the accident occurred. Not only is it a poor decision to refuse the use of a helmet while riding a motorcycle for safety reasons; but it could also bite you in other ways after an accident. Your insurer could use the incident as justification to raise your rates.The other element to this story -- and it should be obvious -- is that motorcycle accidents are very serious for the driver on the two-wheeled vehicle. Motorcyclists often suffer serious abrasions, broken bones and head injuries -- even if they are wearing a helmet. If negligence is involved with a motorcycle accident, the motorcyclist could earn compensation from a civil lawsuit to help pay for the medical bills involved.
Source: Alaska Native News, "Anchorage Man Involved in Head-on Collision Succumbs to His Injuries at Providence," GW Rastopsoff, April 3, 2013
Of particular importance here is pedestrian safety. Pedestrians are inherently more vulnerable than anyone else out on the road. When they enter a crosswalk, it is supposed to be a protected zone -- but nothing is going to stop a car that comes rolling through that crosswalk. Pedestrians are dealt catastrophic injuries when they are hit by other cars; injuries that can change their life forever.
]]> Bicyclists also fit in this category; though they are slightly more protected in the case of an accident (they should be wearing a helmet, after all). Still, they are very vulnerable out on the road.With these two groups in mind, federal lawmakers in Congress are requesting that the Department of Transportation implement some new protocols regarding bike and pedestrian safety. The call is being made at both the national and state level; the former would involve setting a goal for the number of national bike or pedestrian accidents, while the latter involves states implementing "performance measures" to reduce such accidents.
This all comes on the heels of a report that shows traffic fatalities dropping over a four-year period (from 2008 to 2011), while pedestrian and bike accident rates remain steady. Federal officials may also ask for increased funding to make our roads safer for bikes and pedestrians.
Source: Transportation Nation, "Dozens in Congress Press for Nat'l Bike and Pedestrian Safety Goals, Measurement," Martin Di Caro, March 28, 2013
Drunk driving accidents may never fall to the backburner in terms of national prominence. But recently, texting while driving has taken pole position as the most controversial driving-related topic. States are ramping up to stamp out this behavior. What that means is it is as important as ever for drunk driving accident victims to be aware of what kind of options they have in the wake of their terrible ordeal.
]]> Numerous financial elements will come into play for the negligent drunk driver after an accident. They will have fines to pay; their insurance rates will take an astronomical jump; and they will likely have a civil lawsuit hanging over their head.Drunk driving accidents usually deal severe injuries to victims. The intoxicated driver is not very aware of his or her own actions, causing swerving, speeding and erratic driving. In addition, since the drivers are desensitized, drunk driving accidents often occur at dangerous speeds because the drunk driver is unable to apply the brakes in time. This leads to serious injuries, and the victims deserve to be compensated for such harm so that they can pay for medical bills and earn other damages to make up for lost time at work and pain and suffering.
Source: DailyFinance, "Driving Drunk: One of the Most Expensive Mistakes You Can Make," Bruce Watson, March 19, 2013
As a result, local law enforcement rushed to the scene to help about 60 people on to buses so they could stay warm as the police cleared the apartment complex.
]]> The accident occurred in the early morning hours, so a number of factors could have affected the driver's ability to operate a vehicle safely. The most negligent of these factors is drunk driving. There are no initial signs that the driver was intoxicated; but a drunk driver opens himself or herself up to liability if anyone is injured or affected by the accident they caused.Another factor is that the individual could have been distracted or unable to see well, given that it was dark outside. Not being able to see well is much different from distracted driving (such as texting behind the wheel) -- it is more of a true "accident," but it can still be used to justify a civil lawsuit if the victim is hurt.
Distracted driving, though, is highly negligent. There can be a great burden of proof on the plaintiff in a civil lawsuit that alleges distracted driving. However, that is what your attorney is for -- investigating a person's phone records or sifting through the accounts of eyewitnesses can unveil key pieces of evidence that support your claim.
The last important thing to remember with this story is that the accident is under investigation, and will be for quite a while. Car accident investigations can take some time to complete. That is not necessarily a bad thing; it is just something to keep in mind if you want to file a lawsuit after being hurt in a crash.
Source: Anchorage Daily News, "Car crash causes gas leak, forces building evacuation," Casey Grove, Feb. 25, 2013
A few years ago, a young woman in Texas was attending a friend's party at a strip club. As she left the club in the early morning hours, another patron was preparing to leave as well. He had consumed about 10 drinks or shots in the 4-hour span he was at the establishment, and got behind the wheel of his "monster truck." Sadly, he ran over the young woman, resulting in her untimely death.
]]> The police arrested the drunk man at the scene and he is currently serving nine years in jail.The incident is extremely tragic, and the woman's family filed a wrongful death lawsuit. However, it was not against the individual who ran their daughter over -- it was against the strip club for continually serving the man and then allowing him to drive home. The lawsuit recently concluded, with a jury unanimously awarding a $10.5 million judgment to the family.
The first of three things to note about this story is that when a drunk driving accident happens, the victims can pursue dram shop liability against the establishment where the drunk driver consumer alcohol.
The second thing to note here is that even though the family has not formally pursued civil action against the man who ran over their daughter, it does not mean that they won't in the future. In many cases similar to this, the victimized family has to await the conclusion of an investigation or for more evidence to come out before they can pursue such a lawsuit.
Third and finally, parties that file wrongful death lawsuits and win can expect for their victory to be challenged by the defendants. The strip club in this case says they will be appealing the ruling. When this happens, sometimes the award can be reduced.
Source: NBC DFW, "Strip Club Must Pay $10.5M in Monster Truck Death," Ellen Goldberg, Feb. 21, 2013
Teenage drivers, who have grown up in this cell phone age, are more likely to find the texting while driving practice acceptable; but considering teen drivers are one of the most dangerous demographics out on the road, they certainly should not find it acceptable. And now, more data is showing that teens need to be as careful as possible when they are operating a vehicle.
]]> According to the Governors Highway Safety Association, traffic fatalities for all ages increased by 8 percent during the first half of 2012 when compared to the same time period in 2011. However, teen drivers were the most susceptible to fatal accidents during this period, especially 16-year-olds. Teen traffic fatalities jumped during the first six months of 2012 by 19 percent (again, compared to the same 2011 timeframe), and 16-year-olds saw a 24 percent leap using the same factors.It speaks to the important nature of focus on the road. Everyone needs to pay attention to their surroundings, not a cell phone, when they are behind the wheel. Improved graduated driver's license laws could (and should) improve teenagers' ability to acclimate to the road faster.
Source: USA Today, "Deaths Surge Among Teen Drivers," Larry Copeland, Feb. 26, 2013
You may imagine the vehicle eventually looking like a Zorb or some other cushioned ball of air if the system deploys -- when, in fact, the system is designed to prevent pedestrian accidents in the first place. If the system cannot achieve that, then a smaller airbag deploys on the hood of the car to hopefully prevent the pedestrian from suffering a serious head injury.
]]> These types of systems are actually somewhat common in Europe, after the European Union bolstered pedestrian safety laws. In response, some car manufacturers introduced sensor systems that could tell when a pedestrian accident was imminent.Volvo's design is similar to this idea, with the airbag deployment as the added bonus. The system senses if a pedestrian is near the car and if an accident will occur. If the driver does not respond in time, the car automatically applies the brakes; and if that won't be enough to prevent a collision, the system slightly pops the hood of the car and deploys an airbag that covers part of the hood and the windshield.
Unfortunately, it seems Volvo may not be releasing the vehicle that will carry this system in the U.S. But, such a creative solution could be incorporated into U.S. vehicles somewhere down the line, cutting down on the number of serious injuries pedestrians needlessly suffer in accidents that involve distracted or negligent drivers.
Source: POPSCI, "Volvo's New Exterior Airbags Protect Pedestrians," Shaunacy Ferro, Feb. 20, 2013
The car careened down highways and roads for the next hour at that breakneck speed before it ran out of fuel. The driver then swerved it into a ditch, where it finally came to a rest after a horrifying experience that surely left the man with an appreciation for life.
]]> You may be thinking "what in the world happened?" And the long and short of it is: nobody knows, at least not yet. The man is in the process of suing the manufacturer of his vehicle, Renault. That lawsuit will help to shed some light on the defect that occurred in the car.Obviously, there is a product liability case to be made here, and it is important to note even for those who have endured a much more "run of the mill" car accident. Mechanical problems in a vehicle can cause a crash, and that defect could be traced back to negligence on the part of the vehicle's manufacturer.
However, there is also a point to be made about driverless cars. As many Anchorage residents are probably aware, self-driving vehicles are currently being tested and could be the future of driving. They rely on GPS systems and external sensors to safely navigate the roads. But what happens if they break? The liability concerns surrounding these autonomous vehicles will be of utmost importance should they gain wider acceptance.
Source: The Atlantic, "This Guy's Car Got Stuck at 125mph -- for an Hour," Megan Garber, Feb. 13, 2013
The actual bite can be bad enough. Some dogs have incredibly powerful jaws capable of breaking bones and causing extensive internal injuries, some of which can be so bad that the injuries are fatal.
]]> But even if the bite is not very serious, it can spread diseases or bacteria to its victim. Some dogs are not well taken care of by their owners; and as a result, the animal is not vaccinated against dangerous diseases, such as rabies. Without treatment, rabies is fatal. After a dog bite incident, you should immediately seek post-exposure treatment to ensure you do not have rabies or other diseases commonly spread by dogs.Ultimately, though, the best defense against dog bites is prevention. This does not mean "avoid all dogs at any cost." That simply is not fair to dogs who truly are nice or dog owners who properly take care of their pet.
Instead, what we mean by prevention is that you need to respect and understand dogs. For example, dogs nowadays are domesticated. But they are descendants of wolves: wild, dangerous animals. Today's dogs still carry some of the instincts of their descendants, such as defensive and territorial instincts.
So, remember to respect dogs. Do not aggressively approach dogs that you do not know. You have to give them time to know you. This goes double for any children you may have. Kids may be tempted to play with a dog; but if the dog is not very social or if it is uncomfortable, it will defend itself -- even against a small child.
Source: Ravalli Republic, "Prevention is the best medicine when it comes to dog bite injuries," John Holtzen, Jan. 29, 2013
ยท Our law firm handles animal attack cases; so to learn more, please visit our Anchorage dog bite page.
]]>The officers soon found out why the man was resisting the breath test (besides his intoxication, of course): he was driving without a valid license because -- get this -- it was revoked until the year 2094. With two prior DUIs on his record, the man was deemed too dangerous to be out on the road. If he complied with his license revocation, he would get it back when he turned 122 years old.
]]> This brings up an important point about suspended or revoked licenses. A judge's ruling or law can say one thing, but there is no physical impediment that prevents someone with an invalid license from getting behind the wheel. Ignition interlocks help prevent notorious drunk drivers from getting behind the wheel while intoxicated; but no such system exists (or could ever exist) for people with suspended licenses. Even if you put a lock on the individual's vehicle, they could always borrow someone else's.Thankfully, this man did not get into an accident that caused serious injuries to innocent people. Either his intoxication or his suspended license alone would have been enough to constitute negligence -- but combined, this man acted in a highly negligent manner that would make him liable for a victim's injuries, medical bills and rehabilitation (in addition to compensatory damages for pain, suffering and lost work) if a crash had occurred.
Source: KTUU, "Sutton Man Arrested in Felony DUI on Glenn Highway," Chris Klint, Jan. 20, 2013