Smith Shanklin Sosa, LLCSmith Shanklin Sosa, LLC2024-03-12T12:43:21Zhttps://www.smithshanklin.com/feed/atom/WordPress/wp-content/uploads/sites/1503417/2023/01/cropped-smiht-site-icon-32x32.pngOn Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=491462024-03-12T12:43:21Z2024-03-12T12:43:21Zawareness and safety measures. Whether you're a driver or a pedestrian, understanding how these accidents occur and how to stay safe can help keep you and your loved ones protected.
Visibility matters
Pedestrian accidents are more likely to occur in low-light conditions, such as dawn, dusk and nighttime. Reduced visibility makes it harder for drivers to see pedestrians, significantly increasing the risk of accidents. Therefore, pedestrians should wear bright, reflective clothing whenever walking in low-light conditions. This can include reflective vests, jackets or even reflective bands on clothing or backpacks. Carrying a flashlight can further enhance your visibility, especially if you're walking on unlit roads or sidewalks.
Not all accidents happen in crosswalks
Many people mistakenly believe that pedestrian accidents only happen on crosswalks. The reality is that a significant portion of these accidents occur outside of designated crossing zones. This can happen in parking lots, driveways or even on sidewalks when drivers are backing out or turning corners. As such, pedestrians should always remain alert and aware of their surroundings, even in areas where they seemingly have the right of way. For instance, making eye contact with drivers, when possible, can help ensure they see you and slow down.
Children and seniors are especially vulnerable
It's important to recognize that certain demographics are more susceptible to serious injuries in pedestrian accidents. Due to their smaller stature and developing awareness of traffic dangers, young children are at a higher risk.
Similarly, older adults, who may have slower reflexes or limited mobility, are also more vulnerable. Therefore, extra care and supervision are crucial for these populations when walking near traffic. Adults can hold hands with young children or use brightly colored backpacks to make them more visible. Walking in well-lit areas and avoiding busy roads during peak hours can significantly reduce risks for seniors.
By understanding these concerns and taking preventative measures accordingly, travelers can create safer roads for everyone. With that said, even safety-conscious individuals can experience harm due to the negligence of others, should you or your loved one get injured in a pedestrian accident, it can help to have a dependable legal team by your side as you pursue compensation for your injuries.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=491312024-03-01T14:39:42Z2024-03-01T14:39:42ZThe challenge of visibility
Truck drivers face unique challenges when it comes to visibility. The sheer size of commercial trucks and their design features, such as high cabins and long hoods, create substantial blind spots around the vehicle.
The presence of blind spots significantly increases the risk of collisions. Common scenarios when truck accidents can occur due to blind spots include:
Lane changes
Wide turns
Merging onto highways
Motorcyclists are particularly vulnerable to accidents involving trucks and their blind spots. Due to their smaller size, motorists can easily be overlooked by truck drivers, especially in complex traffic situations or when truck drivers are making maneuvers.
Tips for driving safely around trucks
Driving safely around large trucks requires a combination of awareness, caution and understanding of the unique challenges posed by these vehicles on the road. If you’re a motorist, you should be well-informed about these best practices for sharing the road with commercial vehicles:
Avoid lingering in blind spots: Be mindful of staying out of a truck’s blind spots, which typically include the areas directly behind the truck, along the sides near the doors and slightly in front of the cab.
Pass safely and promptly: When passing a large truck, do so quickly but safely. Signal your intention, accelerate and move ahead of the vehicle to ensure you remain visible to the driver.
Maintain a consistent speed: Abrupt changes in speed can surprise truck drivers and make it difficult for them to anticipate your movements. Keep a steady pace, especially when driving alongside or in front of a large truck or bus.
All in all, you should remember that large trucks require more space to maneuver compared to passenger vehicles. Giving them ample room on the road can help prevent accidents and ensure smoother traffic flow.
By understanding how trucks’ blind spots contribute to accidents and adopting proactive measures to mitigate risks, you can reduce the risk of being involved in collisions involving large trucks. However, should you get involved in an accident involving a truck, you shouldn’t hesitate to seek legal assistance to determine if you are eligible for compensation, as accidents involving these vehicles can be devastating.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=491212023-12-20T01:39:52Z2023-12-20T01:39:52Zslip-and-fall accidents often extend beyond an initial mishap. Victims can sustain injuries ranging from minor bruises to severe fractures and even brain injuries. Additionally, these incidents may lead to emotional distress and financial burdens.
Seeking medical attention
If you are affected by a slip-and-fall accident, seeking prompt medical attention is paramount. Not only can this improve your prognosis, but it can also establish a clear link between the accident and your injuries. Delaying medical care may jeopardize your claim’s validity. Keep detailed records of all medical treatments and expenses related to your injuries. This documentation can serve as crucial evidence when calculating damages if you file a personal injury claim.
Legal implications and recourse
Private and public property owners are obligated to maintain a safe environment for visitors. This includes regularly inspecting the premises, promptly addressing hazards and ensuring proper signage for potential dangers. If a property owner neglects these responsibilities, you can potentially hold them liable for injuries resulting from slip-and-fall accidents.
Determining liability is crucial in slip-and-fall cases. Whether on private or public property, the responsible party may be held accountable. Negligence, such as failure to address known hazards, often forms the basis of legal claims.
Evidence to prove liability
If you’ve experienced a slip-and-fall accident due to someone else’s negligence, seeking compensation is your right. Immediately after a slip-and-fall incident, document the scene by taking photographs or videos. This visual evidence can play a crucial role in supporting your claim. Personal injury claims may cover medical expenses, lost wages and pain and suffering, among other losses.
Don’t forget to collect statements from any witnesses who saw the accident occur. Their testimonies can provide valuable perspectives and strengthen your case. Note down their contact information for future reference.
Slip-and-fall accidents are preventable yet prevalent in both public and private premises. By understanding the causes and being informed about opportunities for legal recourse, you can secure any compensation to which you are entitled to recover as a result of your slip and fall injuries.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490782023-10-17T03:12:15Z2023-10-17T03:12:15ZWhat does the research show?
When looking at nationwide reports of fatal crashes between 2017 and 2021, Baton Rouge stands out as the deadliest city for drivers based on population. During those four years, there were 284 traffic deaths. That means there were 25.49 fatal crashes per 10,000 residents. Memphis, Tennessee and Macon-Bibb County in Georgia took second and third place on the list respectively.
Factors including personal habits, such as chemical impairment and distraction, as well as road design, all play a role and the likelihood of a collision resulting in a tragedy. Obviously, those who live in Baton Rouge or nearby cannot simply avoid driving in the city because of the overall risk. However, they can take that heightened risk into consideration when making choices about when and how they operate motor vehicles.
Actively seeking to minimize one's collision risk is a smart move for someone living in a high-risk area like Baton Rouge. Ultimately, a failure to take heightened safety risks seriously can be the worst mistake that someone ever makes.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490772023-10-05T10:00:19Z2023-10-05T10:00:19Zone of the most dangerous for pedestrians and experiences plenty of crashes related to distraction and drunk driving.
Ultimately, the Baton Rouge area tends to report a high number of crashes annually when compared with more rural communities around the state. Certain streets have noticeably higher crash rates than others. The following are the most dangerous places to drive in the Baton Rouge area.
Five locations experience the most crashes
According to Collision research reviewing the crashes in Louisiana between 2018 and 2020, there are a few particularly dangerous locations where more crashes occur or where crashes tend to be more severe.
When looking at the crashes reported in 2021, six streets saw far more crashes than other roads in the area. Burbank Drive between Lee Drive and Bluebonnet Drive was the sixth most dangerous road, with more than 200 wrecks reported each year. Highland Road had even more crashes in between Perkins Road and Airline Highway, giving it fifth place on the list.
The fourth most dangerous road was Staring Lane between Perkins Road and Highland Road, followed by O'Neal Lane between Harrell's Ferry Road and I-12. Nicholson Drive takes second place, as it averages more than a crash a day throughout the year. The most dangerous stretch of road in Baton Rouge is the second most dangerous road in the state. Blues Highway between Hanks Drive and Delcourt Avenue saw dozens of crashes and 11 fatalities between 2018 and 2020.
I-12 and many of the roads connecting to it are of particular concern for motorists, although US-190 and US-61 both also saw quite a few fatal collisions. Many of the worst collisions reported in the area involved a driver under the influence.
Drivers in Baton Rouge can't always avoid the most dangerous roads, but they can focus more on safety when traveling on particularly hazardous streets. Knowing where crash risk is highest can potentially help motorists take the necessary steps to reduce their personal risk levels overall.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490762023-09-26T18:57:23Z2023-09-26T18:57:23ZLouisiana has a rear-end statute
Some types of crashes require that a police officer look carefully at the situation and make a decision about fault based on their own observations. Yet rear-end collisions actually have a statutory rule that applies when officers seek to allocate responsibility for the wreck. Specifically, there is a presumption that the rear driver is the one at fault for the crash.
In most cases, a rear-end collision is completely preventable if someone maintains a reasonable speed while operating their vehicle and stays an appropriate distance back from the vehicle in front of them. Too many drivers fail to leave an appropriate stopping distance when following others in traffic, which will ultimately be what leaves them at fault for a crash. But, in certain scenarios, such as when one motorist completely cuts someone else off when turning or merging into another lane of traffic, it may be possible for the driver in the rear to provide testimony or other evidence that counters the presumption that they are at fault.
Determining who is actually to blame for a crash is an effort of the utmost importance for someone hoping to pursue compensation or avoid a claim that could significantly increase their insurance premiums in the wake of a rear-end wreck. Seeking legal guidance is a good way to gain that clarity.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490752023-08-19T03:46:32Z2023-08-19T03:46:32ZPeople often overlook the early warning symptoms
The signs of a TBI can be very different for people depending on the kind of injury they suffer and even their underlying medical conditions. Some of the common TBI symptoms people may present include:
headaches
difficulty sleeping
a persistent sense of fatigue
dizziness
memory issues
changes in personality
blurry vision
ringing in the ears
challenges with motor function
Losing consciousness is also one of the most important warning signs of a possible brain injury, and it is often one that people overlook. Even a half second of unconsciousness during a crash could be an indicator of bleeding or bruising.
Many seemingly unrelated symptoms can be warning signs that someone may have hurt their brain in a car crash. Given the vast range of potential symptoms, it is often best for those who noticed they don't feel quite normal after a crash to see a doctor for medical evaluation.
If a crash occurred at height speeds, then the chances are better that the violent motion of the crash could have potentially caused damage to someone's brain. The same is true in cases where the vehicles suffer massive damage and are not safe to drive after a collision. Violent shaking, spinning or rolling over are all examples of crash circumstances that could very easily cause a brain injury even if someone doesn't hit their head.
Recognizing the early warning signs of a TBI can help people get a diagnosis and proper treatment more quickly, which may improve their long-term prognosis after a crash.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490712023-08-01T02:53:56Z2023-08-08T02:53:07ZA stable fracture or spinal cord injury
The blunt force trauma of a collision can break bones and pinch or tear someone's spinal cord. People expect that a fracture will be very obvious and that they will lose the ability to exit a vehicle or move their body if they suffer a spinal cord injury. However, if the injury is stable, someone might be able to continue moving and using the affected body parts until a secondary trauma worsens the initial injury. Fractures and spinal cord injuries may present a day or even several days after a crash when someone exercises or moves rapidly.
Traumatic brain injuries
There are many ways that someone could potentially hurt their head during a car crash, and mild or moderate traumatic brain injuries (TBIs) may require several days before there are obvious symptoms. Additionally, the adrenal response that people have to a car crash can mask pain and other warning signs that they may have injured their brains during the crash. Anyone who hits their head or loses consciousness during a collision may be at elevated risk for a TBI.
Internal bleeding
Safety restraints can sometimes cause injury when they prevent people from flying out of a vehicle during a crash. Seat belts can cause trauma to the chest and abdomen, and so can airbags in some cases. Internal bleeding may continue for days before someone realizes the extent of their injuries and seeks medical treatment.
For many people involved in motor vehicle crashes, especially those that cause significant property damage or occur at higher speeds, seeing a doctor after the collision to evaluate someone for these invisible injuries can be a very wise choice. Obtaining a prompt diagnosis can improve someone's prognosis and make it easier for them to seek compensation after a car crash.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490702023-08-01T02:47:52Z2023-08-01T02:47:52ZNegligent design practices
Simply coming up with a concept for a product or conceptualizing a way to modernize or change an existing product isn't enough to safely release such a design for public consumption. Proper testing will be of the utmost importance. From exploring ways in which consumers might misuse products to testing products rigorously for circumstances that might make them fail, there are many ways for businesses to prevent catastrophic product failure during the design stage.
Negligence during production
Even a well-designed product can fail if there are issues with the manufacturing process. Businesses sometimes increase the likelihood of releasing defective or poorly manufactured products to the public with improper manufacturing practices. Perhaps the company fails to engage in rigorous quality control testing of finished products or of the raw materials used to manufacture their products. They might also cut corners with employee training or machinery maintenance, which could lead to entire production batches leaving a manufacturing facility in unsafe condition.
Consumers who suffer financial losses because of defective products sometimes have the right to take legal action against manufacturers. Civil lawsuits can result in insurance payouts and other compensation for those directly affected by dangerous or defective products. Connecting someone's injuries and financial losses to a defective product may be the first step toward holding a company accountable for endangering consumers either due to negligence or – in some situations – strict liability.]]>On Behalf of Smith Shanklin Sosa, LLChttps://www.smithshanklin.com/?p=490642023-06-16T10:40:49Z2023-06-16T10:40:49ZRear-facing seats are the best for newborns
Young children who are not yet ambulatory have very little motor control, and they could suffer catastrophic injuries in a car crash in a forward-facing car seat. Rear-facing car seats are typically the best option for newborns for the first few months of life. Many safety systems will keep children rear-facing until they are toddlers. Older children may use convertible or forward-facing seats, and those at preschool age and in grade school often require booster seats.
Proper installation is a challenge
There's a reason that medical facilities help new parents install car seats, and it isn't just the sleep deprivation that comes from labor, delivery and caring for a newborn. Many people find the installation process confusing or tricky and make mistakes that mean that a car seat won't keep their child secure if a crash occurs. Parents may also face personal responsibility in scenarios where it appears they improperly installed child restraint systems in their vehicles.
Not all car seats and vehicles are actually safe
A surprising number of vehicles have design defects that make them less safe for certain people. For example, there was recently a massive recall involving hundreds of thousands of vehicles in the United States specifically because the anchor systems that connected to child safety seats were defective. There have also been actual restraints that have proven to be dangerous due to poor design or mistakes in the manufacturing process. Parents who do their best to install and consistently appropriate restraints could still lose a member of their family or need to provide care for an injured child indefinitely because of detective design and other product liability issues.
Pursuing a claim against a vehicle or child seat manufacturer can be one way for those affected by a car crash that injured a child to seek economic justice. Seeking legal guidance to determine if this course of action is warranted – given your family’s unique circumstances – is a good idea if you’re ever involved in an injurious crash.
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