Articles Tagged with injury lawyer

A proposed class-action lawsuit alleges that vehicle manufacturer Tesla’s Model S and Model X are prone to unintentional, sudden acceleration. Several owners detail instances wherein their electric vehicles without warning barreled straight into a garage or wall, either as a result of human or computer error. More than two dozen cases of these unintended acceleration incidents are on file with the National Highway Traffic Safety Administration (NHTSA).drive

The lawsuit claims thousands of these vehicles have the potential to suddenly careen out-of-control.

Now, as the ABA Journal reports, the auto maker that specializes in high-end, fully-electric vehicles disputes the notion that it has a duty to consumers to design a vehicle that is fail-safe. The proposed class action lawsuit was filed in a federal court in Central California. It cited 26 reported incidents of sudden acceleration, 22 of which resulted in a crash. One of those crashes was accompanied with photographs in which a plaintiff reportedly was parking his vehicle in the garage and the vehicle allegedly propelled suddenly into the back wall of the garage. The wall collapsed partially into his living room. No one was home at the time, so the primary damage was to property. Continue reading

Based on data from four years ago, we know that at least one in nine bridges nationally is structurally deficient, meaning it requires significant repairs or maintenance or should be replaced. That was partially predicated on the fact that the majority of American bridges were designed to last 50 years, and the average age of a bridge in America was 43 years. Today, that average age is 47, and we haven’t made any significant progress on this front. The average age of structurally deficient bridges is 65 years. An estimated 260 million trips are taking place daily over bridges that are deemed “deficient.” By 2023, it’s estimated one in every four of our bridges will be 65 or older. bridge

But people tend to think of this as a problem that exists primarily elsewhere. However, a new analysis by The Washington Post allows users to examine county-by-county the bridge deficiency crisis. Nationally, 9.4 percent of all bridges are structurally deficient.

Here in North Carolina, we’re doing a bit better, mostly because much of our infrastructure is younger than what we would find in northern states. Specifically in Mecklenburg County, 3.9 percent of our bridges are structurally deficient. However, nearly 15 percent – or 95 total – are functionally obsolete. Bridges classified as functionally obsolete can’t handle the required traffic needs.

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In an injury lawsuit, a default judgment may be issued when there is some failure to take action by one party or another. Most often, we see default judgments issued in favor of plaintiffs when a defendant fails to respond to a summons or has failed to appear before the court. tractor trailer

Although it can seem like good fortune, plaintiffs should be forewarned that default judgments are not favored by the courts and can often be reversed upon an appeal by the defendant if a case can be made for the previous failure to act.

This was the situation in the recent case of Hilyer v. Fortier, before the Alabama Supreme Court. According to court records, this case involved a teenage driver who was injured after crashing into a tractor-trailer loaded with heavy logs that was being backed into a private driveway from a public road. The crash happened in 2013. At the time of the incident, the defendant was blocking both lanes of traffic on the public road. In the vehicle with the teen driver were her brother, her fiance, and a friend.

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Recently, the Associated Press updated its Style Guide – which is followed by news outlets across the country – announced a new policy whereby it will refer to automobile collisions in which negligence has been alleged or established as “crashes” instead of “accidents.” dictionary

The updated 2016 AP Style Guide does indicate that both “accident” and “crash” are technically acceptable terms for most wrecks. However, in cases where negligence is claimed or proven, the term “accident” should be sidestepped because it could be read as a way of indicating the accused isn’t really responsible. In those scenarios, the new guide notes, the terms “crash” or “collision” or other similar term is preferable.

Does it really matter what we call it, though? According to a number of sources quoted in a recent analysis by The New York Times: Yes. Continue reading

In December, the driver of a pickup truck was allegedly speeding and distracted when he smashed his truck into the front of a Greensboro bakery. Incredibly, none of the staff or customers inside were hurt, but the driver did cause about $70,000 worth of damage.storefront

Then last month in Wilmington, a 25-year-old driver involved in a domestic dispute was shot in the face by a 36-year-old man in a grocery store parking lot. The younger driver then crashed his vehicle into a Sam’s Food Mart. Also last month, four people were injured when a vehicle slammed into the front of a Quick Mart convenience store in Wilmington.

These incidents are reported on by the media as if they are somewhat rare. In truth, they happen a lot. In fact, the Storefront Safety Council reports such incidents occur 60 times daily in the U.S., injuring more than 4,000 people a year and killing more than 500.  What’s especially troubling about this is there are no state or national standards that require bollards in front of stores, though some municipalities do have their own ordinances. Only recently, the American Society for Testing and Materials (ASTM) set a new standard for identifying and labeling specially-tested, high-quality bollards and barriers. Continue reading

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