Train Collision Aftermath

Train accidents denote human fatalities and great devastation and ruins.

Just like any other accidents, train mishaps are inevitable. In fact, on November 20, 2008, a Metrolink train and a freight train collided with one another. Reports revealed that either human error or mechanical problems caused the collision.

According to Ted Turpin who supervises the investigation, Metrolink crew saw two lights before the red signal, which could have alerted them to stop. However, it continued until collision happened.

It was also revealed that the train was traveling 70 mph even after the engineer ran the red light. The engineer also failed to inform other trains and operators in the area that he was approaching a red light.

Consequently, a new rule is now being pushed which require train drivers to slow down to a speed of 40 mph or less when approaching a red signal.

The incident had also prompted Senator Dianne Feinstein to call upon Federal Railroad Administration officials to remove legal roadblocks that would hinder the passage of safety legislations for train operation.

Train accidents are preventable if only proper procedures are observed and authorities manning it as well as its crew and personnel are properly oriented.

Teen Killed in Rollover Accident

A teen was killed after a fatal rollover accident that happened very recently in west state Route 94.

The deceased was identified as Niamh Pownall, only 19 years of age of San Carlos. He was one of the four passengers of a car at the time of the accident. The driver of the car reportedly lost control of the wheel, causing it to go off the freeway.

The vehicle, a Honda, rolled several times and landed upside down in the intersection of Barcelona Street and Buena Vista Drive in Spring Valley. Pownall was pronounced dead at the scene of the accident.

Statistically, more than 28,000 roll over accidents happened each year in the US. 10,000 are fatal – meaning death resulted, while 24,000 are seriously injured.

Pile and pile of cases are being filed - against third party, insurance, car manufacturer, among others, across the nation.

This yet another accident is no exception. In this regard, help from a rollover accident lawyer must be had.

All vehicles have the tendency to roll over. However, study revealed that SUVs tend to roll over more easily than any other type of vehicle. They are usually made higher, and can go faster – the factors which make them more susceptible to roll over.

Among the vehicles that have received recent publications on rollover are: Ford Bronco II, Suzuki Samurai, Jeep CJ, Ford E-Series and Isuzu Trooper. Compared to them, the NHTSA investigation did not show the same evidence of risk in other types of vehicles.

Put the Blame on the Generics

If you take medications and something goes wrong, you blame either the doctor for wrong prescription or the maker for any misrepresentation or improper labeling.

If the doctor has no fault, then the blame devolves on the maker or the manufacturer. The liability is clear when something happens to a patient who is using or taking the product. As we all know, a manufacturer may be held liable for injuries incurred by consumers under the doctrine of product liability.

However, in the case of Conte vs. Wyeth, the outcome is different.

In this case, Plaintiff Elizabeth Conte (Conte) developed a rare and serious neurological side effect due to her long-term consumption of metoclopramide. Metoclopramide is the generic counterpart of Reglan, developed by Wyeth.

She alleged that Wyeth failed to adequately warn Reglan’s known dangers resulting from its use for more than the recommended twelve weeks.

When Conte filed a case against Wyeth, the trial court dismissed the same but the appeal court reversed. The court of appeal ruled that Wyeth is liable based on the foreseeability of the harm its product could bring.

With due respect, I disagree with the ruling. The plaintiff never ingested Reglan in the first place. Wyeth could never be held responsible for plaintiff’s taking Metoclopramide and experiencing serious effects in the process.

In effect, Wyeth or any manufacturer for that matter is being held accountable for any flaw that a generic brand may have.

Is this not unfair? I just hope the California Supreme Court would rule otherwise.

Surprising Places for Road Accidents

What could have been a picturesque and serene rural setting can sometimes be tarnished by road accidents to ruin its reputation – the exact thing to describe Fallbrook’s winding roads.

A road stretching over hills and sharp bends which can make drivers to lose control of their vehicles causing the following, to wit:

• Sustain damage to property

• Personal injury

• Wrongful death

In 2007 alone, the Fallbrook road to have recorded the highest number of collision is State Route 76. In that year, 117 collisions occurred in the highway, consisting of 23% of all Fallbrook collisions.

The place was reported to be particularly dangerous for drivers and pedestrians during mid morning and afternoons when more cars and people are on the streets.

Accidents were attributed to streets with sharp corners and turns that lead to fender benders.

A spokesman from the California Highway Patrol encouraged drivers to inch forward out of the intersection into a place to watch the traffic and pedestrians and expect that the other drivers don’t see their cars.

Another factor is the high volume of commuter traffic in the area, which, in turn, is attributed to the high rise of population. Some locals say another problem is road rage.

Other roads to have recorded high collision cases in 2007 were Alturas Road, Gird Road, Old Highway 395, Old Stage Road, Live Oak Park Road, Potter Street, Stage Coach Lane, Winterhaven and Green Canyon Road.

Drinking Plus Driving Equals…

Drinking and driving don’t really mix up right. Especially when you got too drunk you don’t even know you hit someone in the road, leaving the poor victim seriously injured.

Apparently, this was the case recently reported by News10.net. One lady got so drunk. And going home driving, hit another lady. She didn’t even notice it due to drunkenness.

Finally in the morning she got to her senses and turned herself in. She is now facing felony charges of hit and run.

In 2006, car accident fatalities in the United States totaled to 42,642. Out of that number, pedestrian accident kills a staggering number of 4,784 while nearly 70,000 pedestrians are injured.

Statistics show that at least 1 pedestrian gets killed in a traffic accident every 110 minutes, or so.

In order to avoid pedestrian accident, the US National Highway Traffic Safety Administration (NHTSA) recommended some helpful tips to follow, to wit:

• Use sidewalks

• Know and obey safety rules

• Cross only at intersections and crosswalks

• Look left, right and left again for traffic before stepping of the curb

• See and be seen

• Closely watch children and teach them the safety rules

• Use the “Walkability Checklist” available at the NHTSA official website

Pedestrian accidents are covered by tort laws, which make negligent person liable for injury, damage or death of a pedestrian. Compensation may include medical bills, lost wages and property damages, as well as compensation for your pain and suffering.

Pedestrian Death Caused by Reckless Driving

Road accidents involving pedestrians are common. More often than not, incidents like these usually involve an innocent bystander who happened to be in the way of a reckless driver who lost control of his wayward vehicle, resulting in unnecessary loss of life and damage to property.

Take the case of the “Teen Killed in Los Angeles County Pedestrian Accident Monday”, posted on November 3, 2008. The incident had all the marks of a tragic accident involving a pedestrian.

This time, the incident had a 15-year old pedestrian who was about to cross Ventura Boulevard when a car driven by a 42-year old woman, struck the boy then crashed into another car. The car had apparently run a red light before the accident.

Car accidents caused by recklessness have corresponding penalties under the torts law. In most pedestrian accidents, the injured party may recover damages for past and future medical expenses, loss of wage, and pain and suffering. In some cases where the erring party’s conduct is extreme, punitive damages may also be awarded.

If the pedestrian dies because of the accident, the victim’s survivors are entitled to receive full compensation for the economic losses that result from his death, including damages that arise from the “loss of society care and comfort”.

In fatal accidents involving pedestrians, the victim’s survivor may get compensation for their losses by filing a wrongful death claim against the erring driver. With the assistance of a personal injury lawyer, they can determine who is at fault and be able to establish liability in the case.

Pursuing claims in pedestrian accidents may not be easy, especially for the grieving relatives of a dead victim, thus the professional services of a lawyer is often necessary.

Recovering from Car Crash Injuries

Car accidents often result in serious injuries or sometimes, death. As accidents are sometimes inevitable, despite all the precautions people undertake, anyone may incur injuries from incidents like these.

Obviously, it helps when people observe road safety and try to adhere to the rules. But when laws are breached and a motorist commits error while driving, the results are often fatal.

The news article, “Woman and children killed in horrific Thermal car crash Sunday”, shows how lethal car crashes can be. Four persons died while one suffered from serious injuries in the accident that begun when a Cadillac driver allegedly ran a stop light, which result in a collision with another car, a Ford Taurus.

To complicate matters, the erring driver of the Cadillac was found to be drunk. Following investigations, the police arrested the driver for drunk driving and charged him with four counts of vehicle manslaughter.

Accidents due to recklessness often result in serious and tragic consequences. Victims of accidents like these are likely to suffer from head and brain injuries and spinal cord injuries, which could lead to paralysis and permanent disability. On the other hand, for fatalities of tragic car accidents, their survivors and relatives may file a wrongful death claim against the offending party.

Recovering from life-altering injuries caused by car crashes is often complex and may require the help of a professional, preferably a lawyer. A skilled personal injury lawyer can help a victim establish liability in an accident and help him recover claims for his injuries.