Category: Car Accidents

Common Mistakes In Personal Injury Cases

Whether you were injured in a car accident, from a negligent surgeon or other medical professional, or by a defective product, you may be eligible for financial compensation by The Law Offices of Donald D. Guthriefiling a personal injury lawsuit. And while utilizing the services of a personal injury lawyer is highly recommended and will also help you avoid making a number of mistakes with your case, it is important to know the most common personal injury case mistakes that are made on a daily basis.

When you suffer an injury due to someone else’s fault, the courtroom may be the last thing on your mind; however, it is important to take legal action so you can recover financial compensation to pay for medical bills and other damages. Your chances at recovering financially could be seriously hurt if you make any of the following mistakes:

  • Waiting too long to take legal action and allowing the statute of limitations time limit to expire. The statute of limitations restricts the amount of time one has to take legal action and if you wait too long, you could miss your opportunity.
  • Not seeking medical treatment immediately
  • Not going to treatment or doctor’s appointments. A defense attorney can use that information against you by claiming your injuries were either not that severe or made up.
  • Settling your case without fist consulting with an attorney. Before accepting any settlement offer, make sure a skilled attorney looks over your case.
  • Failing to properly document the accident through pictures or witness statements

By avoiding the above errors, you can increase your chances of recovering damages in a personal injury case so you don’t fall into serious debt.

Family Files Wrongful Death Lawsuit Against GM

There are often few avenues for fair compensation in the wake of a serious tragedy such as a fatal car wreck, but a recent lawsuit in Dallas County is an excellent example of how manufacturers may be held liable for negligence when they produce and distribute unreasonably dangerous products. In a 2010 accident, the driver Shonnie Bryan was driving a 2003 Chevrolet Impala through an Zandt County and lost control of the vehicle, crashing into a culvert on the side of the road. Contrary to the reasonable expectations of safety all drivers have while operating their vehicles, the air bags in Bryan’s Impala failed to deploy, resulting in serious injuries which lead to Bryan’s death.

Levinson Axelrod, P.A.By naming General Motors as the defendant in their wrongful death lawsuit, the plaintiffs are alleging that the car company is guilty of negligence in the design, manufacturing, and marketing of the Chevrolet Impala in question, which is alleged to be a “defective and unreasonably dangerous” vehicle. As with any wrongful death suit, there are a vast range of damages which the plaintiffs may seek, ranging from court costs and interest to funeral expenses, loss of companionship, medical expenses, and emotional suffering.

The full extent of the lawsuit includes Rodney Bryan as a representative of the Estate of Shonnie Bryan, as well as Shaila Bryan, Harold Pitts, Sheila Pitts, Johnny Tamez, and Dennis Yates, and is filed against General Motors, Watson Chevrolet Buick Pontiac, Scott Watson Chevrolet Buick Pontiac, and Watson Truck & Supply Incorporated. Reese P. Andrews of Andrews & Andrews in Nacadoches will represent the plaintiffs as their wrongful death attorney, and work to demonstrate the liability of the automaker and distributors.

The lawsuit was filed on November 21st in an Zandt County District Court before being removed to the Easter District of Texas, Tyler Division on January 7th by the defendant, allowing for the proceedings to begin in earnest as the family of Bryan hopes to recover full compensation for their losses and the death of Shonnie.

What You Need To Know About Vehicular Accidents

Defects in the design or manufacturing of an automobile can prove exceptionally hazardous to both the driver and passengers of a vehicle as well as anyone else who may be on the road. Because of the remarkable complexity of most modern automobiles, even a minor defect can have much broader consequences than might be expected. Therefore, the manufacturers of automobiles are held to a considerable level of liability for any defects which may occur in their vehicles.

Like most other forms of civil law, lawsuits brought against the manufacturers of defective automobiles are generally intended to restore damages that those who have suffered injury as a result may have incurred. However, because of the substantial public safety threat that a defective motor vehicle can pose, the manufacturer may also be assessed punitive damages to ensure that no such problems occur in the future.

Car AccidentIt is not, however, exclusively the part of the vehicle’s manufacturer to assume liability for every component of the vehicle. Because the actual production of many of the parts which make up a finished car are outsourced to other companies, a vehicular defect may leave the part’s manufacturer, and not the vehicle’s producer, legally liable. Generally speaking, car accident attorneys are capable of determining which party (or parties) should be held accountable for injuries caused by a defective automobile, but for the purposes of this article, a case-based examination of several well-known vehicular defect suits can help to clarify the issue.

Vehicular Defects: A Case-Based Examination

One of the most well-known recent incidents involving a vehicular defect related to vehicles produced by Toyota Motor Corporation. Between 2009 and 2011, problems resulting in sudden unintended acceleration of Toyota vehicles of a variety of different models came to light. In some instances, this led to the death of the vehicles’ occupants, as well as serious injuries to drivers of nearby vehicles. As a result, Toyota recently reached a settlement of more than $1 billion dollars for damages caused.

While the Toyota cases assigned liability solely to Toyota Motor Corporation, problems associated with the Ford Explorer in the 1990s involved multiple party liability. Both Ford Motor Company, which produced the Explorer, and Firestone Tire and Rubber Company, which manufactured the tires used on the Explorer, have been held liable for the many deaths and injuries that occurred in rollover accidents involving the vehicle throughout the 1990s, jointly and separately.