Law Office of Richard J. Presutti, P.C.About | Law Office of Richard J. Presutti, P.C. | Car Accidents2024-03-14T22:14:06Zhttps://www.rjpresuttilaw.com/feed/atom/WordPressOn Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481462024-03-14T22:14:06Z2024-03-14T22:14:06ZObservations of the scene
As soon as possible, gather as much information about the circumstances surrounding the incident. This includes noting any signs that the other driver may have been drowsy. They include erratic driving behavior, drifting between lanes or failing to react promptly to changing road conditions.
Eyewitness testimony
Eyewitnesses at the scene can give valuable testimony about the behavior of the other driver leading up to the collision. They may be able to recount observations such as the driver appearing tired or struggling to stay awake. This may help establish a case of drowsy driving.
Police reports
In 2022, Texas had 15,299 crashes with serious injuries. Police officers who respond to the scene of an accident typically file detailed reports documenting their observations and findings. These reports may include information about any signs of drowsiness exhibited by the other driver, as well as any statements the driver makes indicating fatigue or tiredness.
Medical records
Medical records play a major role in establishing the extent of the injuries and the circumstances surrounding the accident. Medical professionals may document symptoms of fatigue or exhaustion in their assessments of the injured parties.
Smartphone records
Phone records can provide valuable evidence in drowsy driving cases. They may indicate whether the other driver was using their phone at the time of the accident. Excessive phone use, especially late at night or early in the morning, can contribute to driver fatigue and increase the likelihood of drowsy driving accidents. Phone use can also contribute to the other driver’s liability.
By gathering and presenting this evidence, injured parties can seek justice and compensation.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481382024-03-05T17:29:02Z2024-02-28T19:34:55ZSpeed-related risks
Large trucks, such as tractor-trailers and semi-trucks, are essential for transporting goods across the country. However, their size and weight make them more challenging to maneuver and stop compared to smaller vehicles. According to the Federal Motor Carrier Safety Administration, 119,000 large truck and bus accidents caused injuries during 2021. When a large truck is speeding, the risk of a serious accident increases significantly. Speeding reduces the driver's reaction time and makes it harder for them to control the vehicle, especially in emergency situations.
One of the main reasons why speeding is particularly dangerous in large truck accidents is the impact force generated by their weight. When a speeding truck collides with another vehicle, the force of the impact can be catastrophic, leading to severe injuries and fatalities. Speeding also affects the truck's ability to stop in time to avoid a collision. Large trucks require more time and distance to come to a complete stop compared to smaller vehicles.
Accident prevention
To prevent large truck accidents caused by speeding, both truck drivers and other motorists must be vigilant and follow the rules of the road. Truck drivers should adhere to the posted speed limits and adjust their speed based on road and weather conditions. It is also necessary for trucking companies to prioritize safety and provide proper training for their drivers on the importance of obeying speed limits. For other motorists sharing the road with large trucks, it is important to be aware of the dangers of speeding and maintain a safe distance from trucks.
By raising awareness about the dangers of speeding and promoting safe driving practices, all drivers can work together to prevent large truck accidents and make roads safer.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481372024-03-05T17:29:09Z2024-02-15T19:25:05ZHead and brain injuries
Head injuries are among the most prevalent in motorcycle accidents, ranging from concussions to traumatic brain injuries. Even with helmets, riders remain vulnerable to head trauma due to the lack of protection compared to occupants of enclosed vehicles.
Spinal cord injuries
The high impact associated with motorcycle collisions can lead to spinal cord injuries, which may result in partial or complete paralysis. These injuries have long-term implications for mobility and overall quality of life.
Fractures and broken bones
The force exerted during a motorcycle accident can cause fractures and broken bones in various parts of the body, including the arms, legs, ribs and pelvis. Recovery from such injuries often requires extensive medical treatment and rehabilitation.
Road rash
Road rash occurs when a rider slides across the pavement upon impact, leading to abrasions and lacerations. In severe cases, road rash can result in infections and permanent scarring.
Internal injuries
Internal injuries, such as damage to organs and internal bleeding, are common in motorcycle accidents, often due to the blunt force trauma experienced during the collision.
Promoting safety measures and adhering to traffic regulations are necessary steps in reducing the frequency and severity of such incidents on the road.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481352024-03-05T17:29:16Z2024-02-01T21:16:05ZIgnored crosswalks
One huge issue is drivers neglecting the significance of crosswalks. These designated areas provide a safe passage for pedestrians, yet some drivers fail to yield, putting walkers at risk. Ignoring crosswalks not only endangers lives but also contributes to the chaos on the roads.
Extra speed in residential areas
Speed limits exist for a reason, particularly in residential zones where pedestrians are likely to be present. Some drivers overlook these limits, jeopardizing the safety of those living in these areas.
Distractions
In this technology-driven era, distractions are common, and some drivers use their phones while behind the wheel. This not only compromises the driver's attention but poses a significant threat to pedestrians. Failing to stay vigilant increases the likelihood of accidents, underscoring the importance of undivided attention on the road.
Lack of attention to pedestrian signals
Traffic signals allow for the orderly flow of both vehicular and pedestrian traffic. However, some drivers overlook the importance of respecting pedestrian signals, either failing to yield the right of way or proceeding when they should not. Understanding and adhering to these signals is important for maintaining a safe environment for all road users.
Inadequate use of lights at night
Some drivers neglect to use their headlights properly at night, hurting their ability to spot pedestrians in low-light conditions. Ensuring that headlights are on and functioning correctly enhances visibility, reducing the risk of accidents.
Following common sense ideas and road rules can go a long way in fostering a harmonious relationship between drivers and those navigating on foot. Prioritizing pedestrian safety is not just a legal obligation but a shared responsibility for all road users.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481342024-03-05T17:29:21Z2024-01-25T10:44:45Zcomparative negligence finding can be significant, though. It can cut you off from much needed compensation to pay for medical care and rehabilitation, and it might leave you without the financial stability you need at a time when you’re unable to work. Therefore, as you prepare to head into your car accident personal injury case, you need to know how to address any potential comparative negligence arguments that you might face.
How to defend against allegations of comparative negligence
Your personal injury case can be stressful, and you might find yourself overwhelmed knowing that the defense could try to shift the blame back onto you. But you can alleviate some of your concerns by adequately preparing for the arguments ahead. This includes doing the following:
Utilizing an accident reconstruction: If fault is at issue, then you need clear evidence that indicates how the accident occurred. An accident reconstruction can help here. Through a reconstruction, an expert utilizes the principles of science to analyze the wreck and come to a sound conclusion as to how the events leading up to the crash unfolded. A formal report is generated, too, which can then be used during negotiations and at trial. Just be prepared to counter any contrary opinions offered up by the defense’s own expert witness.
Attacking witness credibility: When raising a comparative negligence argument, the defense will use both physical and testimonial evidence. However, if you can raise doubt as to witness reliability, then you might be able to diminish the impact of both. You can achieve this by deposing the defense’s witnesses to find inconsistencies in their statements, assessing their criminal records to see if they have a history of crimes involving dishonesty, and using contradictory evidence to make their testimony seem unbelievable.
Focusing on the comparative aspect of the law: If there’s little doubt that you contributed to the accident, then you’ll want to tackle the issue head-on and focus on minimizing the amount of fault that can be attributed to you. Expert witnesses might be able to help you here, and so, too, can eyewitnesses. Going into your case, make sure you have a sound story you can tell the judge and jury that will convince them that you’re truly the victim here, even if you did make a mistake.
Build a robust personal injury case to protect your future
There’s no doubt that the outcome of your personal injury claim is going to have a dramatic effect on your life for years to come. To protect your interests, then, you need to have strong legal arguments and solid evidence to support your claim. Improvising any part of your case could put your recovery in jeopardy, threatening to leave you without the resources that you need post-accident.
So, if you’re ready to get to work building the aggressive claim you want, then now is the time to research the legal strategies available to you and choose the one that’s right given the circumstances of your accident.
]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481332024-03-05T17:29:26Z2024-01-19T18:15:19ZMotorist responsibilities
Motorists should follow speed limits, especially in areas with heavy pedestrian and bicycle traffic. Slower speeds often enhance reaction time and reduce the severity of potential accidents.
Yielding the right of way to pedestrians at crosswalks and intersections is essential. Giving pedestrians enough time to cross safely promotes a safer environment.
Remaining attentive to their surroundings helps motorists anticipate potential hazards and take necessary precautions.
Pedestrian obligations
Pedestrians should use sidewalks and crosswalks when available. Crossing at designated locations increases visibility and reduces the risk of collisions.
Follow traffic signals, including walk and don't walk signs. Pedestrians should wait for signals indicating it is safe to cross.
Wearing reflective clothing or using flashlights to enhance visibility promotes awareness among motorists.
Bicyclist requirements
Bicyclists must follow the same traffic laws as motorists. This includes obeying traffic signals, yielding when necessary and riding in the same direction as traffic flow.
Utilizing designated bike lanes when available enhances safety for cyclists. Staying within these lanes reduces the risk of collisions with motor vehicles.
While wearing helmets is a recognized safety measure for cyclists, Texas does not have a law requiring their use. Regardless, using a helmet can help to protect you.
Why injuries are often severe
Pedestrians and cyclists are vulnerable in collisions with larger, heavier vehicles. Although cyclists may wear helmets, pedestrians and cyclists do not have enough personal protection to avoid injuries.
The high speeds of motor vehicles, lack of designated bike lanes and limited pedestrian infrastructure can also contribute to the increased severity of injuries sustained in these accidents.
Shared commitment
Motorists, pedestrians and cyclists must uphold their responsibilities to create a safer environment for everyone sharing the road.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481322024-03-05T17:29:32Z2024-01-05T18:48:01ZStay alert at all times
Vigilance is your greatest ally on the road. Pay close attention to road signs, signals and markings. Regularly scan your surroundings, especially at intersections and highway ramps. Being aware of your environment can give you an edge in identifying potential wrong-way drivers before they become a threat.
Drive in the right lane
Staying on the right path and driving in the correct lane, especially on highways, reduces the risk of encountering a wrong-way driver head-on. It provides an additional layer of protection, allowing you more time to react if a vehicle is approaching from the opposite direction.
Use reflective road markings
Road markings are not just for show. The reflective properties of these markings serve as a visual guide, even in low-light conditions. Pay close attention to the division lines, and if you observe a vehicle straying into oncoming traffic lanes, take immediate evasive action.
Trust your instincts, react swiftly
If something feels off, it probably is. Trust your instincts and react promptly. If you see a vehicle heading toward you in the wrong direction, take evasive maneuvers, such as slowing down, changing lanes or pulling off to the side of the road safely.
Report suspected wrong-way drivers
According to the AAA Foundation for Traffic Safety, between 2010 and 2018, wrong-way crashes were the cause of 3,885 fatalities. Unfortunately, with a number this high, there is a chance that you will cross paths with a wrong-way driver. If you do, be responsible by reporting them to the local authorities immediately. Provide as much detail as possible, including the vehicle's description, location and direction of travel.
By staying vigilant and following these tips, you will contribute to a safer road environment and community for everyone.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481312024-03-05T17:29:37Z2023-12-21T19:34:18Z1. Heavy eyes
One of the earliest signs of fatigue is the feeling of heavy eyelids or the need to blink more frequently. When you get tired, your body starts conserving energy, which can leave you struggling to keep your eyes open. It can also impair your reaction time, visibility and decision-making abilities on the road, putting you at greater risk of an accident.
2. Difficulty focusing
Fatigue can make it harder to concentrate on the task at hand, even when that task is driving, because your mind may wander or you could simply lose focus. If you notice your thoughts wandering or you struggle to remain attentive to your immediate environment, that mental fog is a sign that you may be too tired to drive. That inattention could make it difficult for you to spot a hazard on the road, which increases your risk of an accident.
3. Microsleeps
In extreme cases of fatigue, you might experience episodes of microsleeps. These short bursts of sleep last only a couple of seconds at a time but they can be dangerous when you are driving. Microsleeps occur without your awareness and put you at risk of losing control of the vehicle. They pose a significant safety threat for drivers because you cannot prevent them and you have no way to know when they happen.
Recognizing the signs of fatigue is essential for your safety and the safety of others. Drowsy driving contributed to more than 2% of fatal car accidents in 2021. Prioritize your well-being and that of others by paying attention to your body’s drowsiness clues so that you avoid getting behind the wheel when you feel too drowsy to drive.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481302024-03-05T17:29:42Z2023-12-12T19:11:40ZTruck driver responsibility
The first potentially liable party you might think about in a truck accident is, naturally, the driver. Reckless driving, fatigue or distraction can contribute to collisions. In some cases, a driver's lack of proper training or failure to adhere to safety regulations may be a factor.
Trucking company accountability
Trucking companies employ and oversee their drivers, so they also share liability. If a company neglects maintenance schedules, pushes unrealistic delivery timelines or fails to adequately train its drivers, it may be accountable for accidents resulting from such neglectful behavior.
Shippers and loaders liability
The parties responsible for loading and securing cargo bear a unique responsibility. Poorly loaded or unsecured cargo can shift during transit, causing the truck to lose balance and lead to accidents. Those handling the loading process may be liable if shipping problems are a factor in the accident.
Manufacturers and defective parts
Sometimes, the blame lies with the manufacturers of the truck or its components. Defective brakes, faulty tires or other subpar parts can contribute to accidents.
Statistics show that there were 168,320 truck accidents in 2022. The frequent occurrence of trucking accidents and the numerous factors that contribute to them make it easy to imagine that many of them are complex incidents with multiple liable parties.]]>On Behalf of Law Office of Richard J. Presutti, P.C.https://www.rjpresuttilaw.com/?p=481292024-03-05T17:29:46Z2023-12-05T06:51:24Ztips for driving in heavy traffic.
Watch for aggressive drivers and do not become one yourself
Aggressive driving can increase during heavy traffic, likely because the traffic slows drivers down and results in hasty, impulsive decisions out of impatience. Be patient and do not become an aggressive driver yourself.
This could be challenging if you are running late to work or another appointment or tired after a long day and just want to get home. However, aggressive driving is only going to increase your risk of an accident and overall will not save you much, if any, additional time.
Impatience also usually leads to cars driving bumper to bumper. This is extremely dangerous since it significantly increases the chance of a rear-end collision. Additionally, driving too close to other vehicles usually means you must use your brakes more often, which can wear them down.
Pay attention and stay focused
You should always avoid distracted driving, but this is even more important when you are driving in heavy traffic. Traffic jams can be unpredictable. You may be stuck at a slow crawl one minute and have clear roads the next minute only to hit another traffic backup the next.
This can cause constant slowing down and speeding up, which means you must have your attention completely focused on driving. Put your phone down and avoid eating, using your navigation system or talking to other vehicle passengers.
Keep an eye on the traffic directly in front of you as well as slightly ahead of you. Use your mirrors to check areas around you and always check your blind spot before changing lanes.
The sight of several brake lights ahead should be a sign for you to slow down and eventually put on your own brakes. Do not keep traveling at the same speed and slam on your brakes at the last minute.
Follow all traffic laws, even if it may seem unnecessary in slow traffic. Use your blinker when moving from one lane to the other and follow the posted speed limit.
You will get where you are going eventually
Feelings of frustration, anger and impatience and natural and understandable when you are stuck in traffic. Stay calm and remember that you will eventually reach your destination if you drive at the speed limit, pay attention and keep a safe distance between other vehicles.
No matter how safely you drive in Houston’s heavy traffic, you may find yourself in an accident because someone else was driving dangerously.
Injuries from a car accident can cause you major physical, emotional and financial damage. The driver who caused the accident should be held responsible for their actions and the legal system can help.
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