Rolla Personal Injury Law Blog

Motorists can't ignore motorcycles in the roads

Even though the weather is cooler, motorcyclists might still venture out to enjoy some time on the open road. Unfortunately, drivers might not realize that they are still out and about. This can mean that bikers face an increased risk of injuries due to the inattention of the motorists. This can lead to devastating injuries that change the course of the biker's life. We don't want to think that the motorist can get away with this.

The last thing that a motorcyclist wants to happen at this time of year is to suffer an injury that might take them away from their loved ones for the holiday season. With this in mind, all drivers must take the time to look for these small profile vehicles. Not thinking that they are going to be out isn't a good reason to slam into one.

Falls in nursing homes might be due to negligence

When you think of someone being mistreated in a nursing home, your mind might turn to physical abuse. This is understandable, but there are other things that you also need to watch for. One thing that might signal that something is amiss in a nursing home is falling among the residents. Some might argue that the elderly population is unstable on their feet for the most part, but this isn't an excuse for falls in nursing homes.

One of the duties of a nursing home is to keep residents safe. An occasional fall by a resident might be understandable, but when falls are frequent occurrences, they can signal chronic neglect of the residents. When a person goes into a nursing home -- and periodically again throughout their time in the facility -- they must be evaluated for fall risks. If they are at a greater risk of falling than a normal adult, special precautions should be established for their care.

Trucker fatigue might increase near the holidays

As the nation enjoys the start of the Christmas season, truckers might be dealing with an increase in hours worked and miles driven as they carry merchandise and gifts all across the country. This is probably good for their bank accounts since they might make more money, but it can also be very dangerous for them and the other people who are on the roads with them.

One issue that comes up in these cases is trucker fatigue. While it is true that there are limitations to how many hours truckers can drive and how many they must rest between shifts, the constant strain on the body and mind might be more than what they expected. We know that no trucker gets into their rig with the intention of hurting someone, but it is still possible for them to be negligent if they are driving while fatigued.

4 strategies to avoid becoming a distracted driver

It's human nature to become distracted. We are juggling so many things at once that it's difficult to give the task at hand our full attention. However, this is an absolute must when driving a motor vehicle. Taking our attention off the road for even a second can result in a fatal accident that claims the lives of countless victims.

Fortunately, when we focus our attention in the right way, we can avoid the biggest risk factors for distracted driving. According to GEICO, here is what you can do to stay safe in this regard:

What's the car accident settlement process like in Missouri?

Most Missouri residents who suffer serious injuries in car accidents caused by the fault of another person may have the ability to pursue a claim for financial damages in court. The recoverable damages in these cases relate to medical costs, pain and suffering, compensation for temporary and permanent disabilities, legal costs and more.

As for the end result of a car accident lawsuit, plaintiffs will often settle their cases before going to trial. A pre-trial settlement like this can be advantageous as it allows both sides of the suit to stay in control and manage the outcome. The plaintiff benefits from settling because there is no chance a judge will unexpectedly deny the plaintiff's claims after the trial. The defendant benefits because a settlement saves money on legal fees and allows the defendant to retain some level of control over how much they will need to spend on the matter.

What is the legal basis for a wrongful death claim?

Sometimes an accidental death -- as tragic and difficult as it is to endure -- is nothing more than an accident and no one is at fault. Other times, someone acted in a wrongful, negligent or unlawful manner that caused the death. In these situations, surviving close family members can pursue a wrongful death claim in civil court against the at-fault party to seek compensation for their loss.

In order to prevail in a wrongful death action, the following for factors must be present:

  • Someone died: The death might happen as a result of faulty medical care, a car accident, a sporting accident, a slip and fall or any number of ways.
  • Someone was at-fault: The death was caused by another person or party that acted in a reckless, negligent or unlawful fashion. This might have been a criminal who attacked the deceased person during a robbery, a negligent person who caused a pedestrian or car crash or a reckless physician who committed medical malpractice.
  • Close family members survived and suffered losses: The death of the individual was survived by close family members who can show that they have suffered losses as a result.
  • A personal representative has been selected: A personal representative has been identified to manage the affairs of the decedent's estate.

What's the most common soft tissue injury in a car accident?

Soft tissue injuries involve problems relating to the soft areas of the body like muscles, tendons and ligaments. These injuries often include the sprained joints, bruised areas of the body and strained muscles and joints. The most famous and common soft tissue injury that results from car crashes is whiplash.

In medical terminology, doctors refer to whiplash as a cervical strain, a cervical sprain or a cervical hyperextension. Whiplash is common in car accident cases because when a vehicle comes to a sudden and violent stop, it may cause the head and neck to whip around. This can result in tearing, bruising and straining of the soft tissues in and around the neck area.

Car accident injuries: Healing a broken fibula

The fibula is the smaller of your two lower leg bones, and it is positioned parallel to your shin bone, the tibia. The fibula carries approximately 17 percent of your body's weigh and helps to stabilize your ankle and leg muscles.

A fibula fracture resulting from a car accident is not uncommon. Whether you were a pedestrian or bicyclist who was struck by a vehicle, or a driver or passenger inside a crashing vehicle, an injury like this is relatively minor compared to the more serious injuries that can occur. Nevertheless, every fibula fracture is different in its level of severity and some may require surgical intervention.

Distracted driving is a leading cause of teen fatalities

Missouri does not look kindly on those who are distracted behind the wheel. Did you know it is so dangerous that the state actually has the MO Eyes on the Road campaign and harshly penalizes those who violate the distracted driving laws?

There are so many benefits to being a safe driver that many people don't understand why drivers would choose to flout this common sense that imperils lives. There are several devices you can purchase, for example, to monitor your speed, braking and driving habits. Parents can buy these tools to monitor their teenager's driving habits, which could help identify dangerous habits before they lead to a crash.

Car accident injuries: How to heal broken ribs

Car accidents can cause a driver or passenger to break virtually any bone in the body. One common bone that crash victims break is the rib. If you've broken a rib in a collision, you're probably in a lot of pain and -- at the same time -- curious how doctors treat this injury.

Advice for healing a broken rib

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