The Hayes Firm Legal Blog

As reported by NewsOK.com:

One man was killed and another injured Tuesday when something fell off a crane at a construction site, a police spokesman said.

The accident happened as the crane was being shut down for the night, Oklahoma City police Lt. Daniel Stewart said.

It happened about 8:35 p.m. on the Chesapeake Energy campus at 6100 N Western Ave., he said.

One man was taken to a hospital, but his injuries did not appear to be life-threatening, Stewart said. At least one person witnessed the accident.

Neither man’s identity was released by police.

The crane is owned by Rent-A-Crane and was being used on a Silvercliff Construction site. Stewart said he didn’t know if the two victims worked for either company.

Report coming out of Chattanooga this morning. WRCBTV.com reveals that a young boy was injured while attempting a fairly common stunt via a backyard pool and trampoline. More now:

“An afternoon at the pool went terribly wrong for a Chattanooga teenager.

First responders were called to a home on 1777 Sivley Trail in Walden’s Ridge around 2:15 Sunday.

A 16-year-old boy attempted to jump from a trampoline into a swimming pool.

He didn’t make it into the pool hitting his head on the ground, and suffered a spinal injury. The boy was conscious and alert but complaining of being paralyzed from the neck down.

The teen was flown to Erlanger by Lifeforce. Hamilton County EMS also responded.

No word on his condition.”

The summer may be on the tail end, but be certain not to let down your vigilance for the safety of your loved ones and anyone on your property.

When going to the hospital, patients hope to be cured of an ailment or injury. The thought of being exposed to even more dangerous circumstances is something every patient dreads.

A recent study by the New York Times has uncovered an unusually high amount of cases of high radiation in people receiving CT scans across the country. These individuals have symptoms including hair loss, headache, and confusion and could be at risk for much more serious health problems in the future, including cancer and brain damage.

CT scanning, sometimes referred to as a CAT Scan, is a method of taking internal pictures of the body so as to better identify potential problems. The CT Scan is recognizable by it’s circular opening in which a person is placed on a flat table and moved through the machine. The circular nature of the device allows for a complete scan of the body.

The Times offers some more insight into how and why these overdoses may be occurring:

“While in some cases technicians did not know how to properly administer the test, interviews with hospital officials and a review of public records raise new questions about the role of manufacturers, including how well they design their software and equipment and train those who use them.

The Times found the biggest overdoses at Huntsville Hospital — up to 13 times the amount of radiation generally used in the test.

Officials there said they intentionally used high levels of radiation to get clearer images, according to an inquiry by the company that supplied the scanners, GE Healthcare.Experts say that is unjustified and potentially dangerous.”

A full scale investigation is being conducted by the Food and Drug Administration, but those results have not yet been made public.

With a jumpstart of $3 billion dollars into an established account, BP has officially begun it’s project to compensate those individuals hurt by the big Gulf oil spill. This money will be used in a wide variety of ways to promote clean up and financial assistance to the areas surrounding the gulf.

As reported by Bloomberg.com:

“The U.S. completed negotiations with BP Plc to establish the $20 billion fund that will compensate victims of the Gulf of Mexico oil spill, the Justice Department said.

BP said today it deposited $3 billion into the escrow account, which executives at the London-based company agreed to set up on June 16 after meeting President Barack Obama and White House aides.

The deposit is “ahead of schedule” and shows the company’s commitment to “making it right in the Gulf,” said Robert Dudley, who replaces Tony Hayward as BP’s chief executive officer on Oct. 1. BP planned to make the deposit by Sept. 30.”

The industries affected by the oil spill are continuing to struggle and it will be unknown for months and perhaps years to come just how damaging to the ecosystem this spill will be. Nature, wildlife, and the smooth operation of modern economics are all in play here as time passes. BP intends to deposit billions of more dollars in the compensation account over the course of the next few years until $20 billion is reached, as agreed upon with President Obama some months before.

For individuals who have been injured or who’s business has been damaged by the gulf spill, consult our Louisiana oil spill lawsuit page to receive more information and guidance on how to get assistance and compensation.

Reports coming out of Massachusetts reveal a tragic story. Two young girls, age 4, drown in a backyard pool in the town of Brockton. Although the details are still surfacing, it is believed that the girls were unattended and found their way into the neglected pool where they were unable to escape.

When emergency services arrived on the scene, the girls were not conscious or breathing.

Fox News conducted a follow up report:

Sisters Leslie and Lindsay Bonsu were two of the three children in the household of Gyabaa and Prudentia Bonsu, Ghanian immigrants. It is believed that there may be previous grievances filed against the two parents for neglect in the past, although that paperwork has yet to be revealed.

From a legal standpoint, it is critical to remember the liabilities of a backyard pool. In this case, the tragedy occurred with the families own children. It could have just as easily happened with a neighbor’s child. There are state-to-state laws requiring different levels of protection against these accidents, including requiring gated fences.

Be sure to know the laws in your area.

Normally the police have to arrive after the scene of an accident, but last week one police cruiser became a part of it. As reported by MSNBC:

“A SEPTA bus and a Philadelphia police cruiser collided at about 1:30 p.m. in the Hunting Park section of Philadelphia Tuesday.

The accident left eight people with minor injuries including the officer who suffered a neck injury, authorities said.

The accident happened while the Route 56 bus was traveling eastbound on Erie Avenue and collided with a police car at Old York Road.

There were five medics at the scene of the accident. There were some detours in the area of the crash.”

One can only imagine the dismay of the bus driver after he/she realized that not only did were they involved in a crash, but it was with an actual police officer. Luckily, as of current reporting, there were no fatalities as a result and all parties are being properly treated for their injuries.

The bus system offers an interesting and perhaps concerning mix of accountability and pressure to maintain a schedule. We don’t know if this particular driver was behind schedule or particularly motivated to make up time, but that is a very tangible reality for these drivers.

In case you’ve been injured in New Jersey, please consult our bus accident pages. This Bergen County Bus Accident page is just one example, we provide service for the entire Pennsylvania and New Jersey area.

Lily Montoya, 41, was involved in a fatal car accident in the early morning hours. According to a KFOX14 news report, the deadly incident occurred in city of El Paso on Trawood near Lomaland street. Lily was a passenger of a 2001 Isuzu Rodeo that was backing out of a residence onto Trawood. A 2004 Pontiac GTO was traveling westbound at the same time and crashed into the 2001 Isuzu Rodeo.

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The collision caused the Rodeo to travel 140 feet, injuring three people and killing one, according to police. Police believe that the driver of the Isuzo Rodeo is not to blame in this case. They have charged Rosalio Rosales with intoxicated manslaughter and intoxicated assault.

My condolences go out to Lily Montoya and her family. Please keep her in your thoughts and prayers.

Texas Car Accident Statistics
According to the Texas Department of Transportation, there were 3,468 deaths due to motor vehicle accidents in 2008. During the same year there were 470 fatal DUI crashes.

Finding A Skilled Personal Injury Lawyer
When searching for an attorney it is import to find the best injury lawyer. Finding an award-winning lawyer with a successful record of accomplishment will help ensure that you receive fair compensation for your injuries. The best Texas personal injury lawyers will offer free consultations to injured accident victims.

The following is a guest post by Chicago wrongful death attorneys at Dolan Law Offices:

When a loved one is suddenly killed as a result of the negligent, destructive or illegal behavior of another person, it is hard to imagine how life could ever return to normal. Often times, the thought of taking legal action seems all the more difficult and traumatic. Yet, to not take legal action can result in a life of speculation, wondering whether there was more that could have been done on behalf of the victim, or there could even be regret and a feeling that justice was not served. Families should know when a wrongful death claim is possible.

What is a wrongful death claim?

Wrongful death cases vary. Commonly, wrongful death cases involve motor vehicle accidents. The reason for this is that most fatal accidents are the result of gross negligence, recklessness, a disregard for other people’s safety and illegal behavior. If a person dies because of any of these things, their death can most likely be argued to be a wrongful death. That is why other common wrongful death cases involve medical malpractice, accidents at work (such as construction accidents) and product liability (such as faulty cribs). The best way to determine if the death of a family member qualifies as a wrongful death is by speaking with an experienced wrongful death attorney.

Who can file a wrongful death claim?

In most cases, a wrongful death lawsuit is filed by a close member of a victim’s family including a spouse, sibling, child, parent and in some cases a grandparent, cousin, aunt or uncle. An experienced wrongful death attorney is able to determine if an individual might be able file a wrongful death claim.

Once a wrongful death claim has been filed, in most cases, you and your attorney will need to prove by a preponderance of evidence that your claim is valid. Therefore, you will need to successfully argue that the victim died as a result of negligence, recklessness, a disregard for human safety and / or illegal behavior.

If you think that a member of your family is the victim of a wrongful death, you should speak with a qualified and experienced wrongful death attorney immediately. Time is not always on the victim’s side when it comes to wrongful death lawsuits. Speak with a wrongful death attorney today about your case and to learn more about whether you have a claim to file.

Dolan Law Offices is a wrongful death law firm in Chicago that is committed to providing excellent legal services to its clients. Its experienced wrongful death lawyers represent families of wrongful death victims in Chicago and in the entire Illinois state.

Being a good negotiator is a vital skill in retaining a large settlement for an Irvine personal injury claim. To achieve a maximum settlement you will need to be aggressive, patient, smart, and composed. An insurance adjuster will have a number of tactics that aim to settle your claim for as little as possible.
If you decide to negotiate your own personal injury claim, you should keep the following in mind:

1. Do not submit your demand until after the adjuster’s first offer. Once the insurance adjuster gives an initial figure you may demand the policy limit or total your damages and send to the adjuster.
2. Ask for more than you expect to get. Be sure to leave room for the adjustor to negotiate you down.
3. Ask the insurance adjuster plenty of questions. Find out what his authority is. Get specific figures as to how much the adjuster allotted for each item. Do the math with him to confirm accuracy. Keep notes too.
4. Negotiate your settlement in small concessions. Negotiating your concessions in small increments could work in your favor so that you receive a larger overall settlement.
5. Be patient. Do not accept or counter an offer during the same meeting. Pushing the adjustor toward a quick settlement might make you appear desperate or in a hurry for money.
6. Maintain your composure no matter what happens. You can affect an outcome of a deal simply by your demeanor.
7. Do not show interest in the offer. Appear reluctant to settle.
8. Tell the adjuster that you will be resorting to a higher authority before making the final decision. This could be a spouse or attorney friend.

Following these eight steps can help you better negotiate your personal injury claim. Remember, it is always a good idea to consult with an experienced personal injury lawyer before you start your claim. The best injury lawyers will offer free consultations which I highly recommend taking advantage of.

As reported by Hugh Patterson:

Philadelphia – An amphibious duck boat loaded with 35 passengers and two crew members was struck by a barge Friday on the Delaware River outside of Philadelphia. Two passengers were killed as a result of the collision. The amphibious vehicle has been stopped because of possible engine trouble for five minutes before being struck. Just moments prior to the collision, crew members instructed passengers to put on their life vests. The body of 16 year old Dora Schwendtner was found by fishermen two miles downriver just before dawn the following day. The body of the second victim, 20 year old Szablcs Prem, was discovered later that day when the duck boat was retrieved from the river’s bottom. Both victims were from Hungary. Jeff Moran, a spokesman for the Philadelphia medical examiner’s office said the deaths were caused by accidental drowning.

Ride the Duck boats are a major tourist attraction in cities with active water ways. San Francisco has a branch of the nationwide business that offers tours around the city’s waterfront. Amphibious vehicle tours are a multimillion dollar business. This is not the first accident to plague this popular tourist attraction. Many companies offer amphibious vehicle tours. According to the Northwest Arkansas Times, 12 people were killed in 1999 when a duck boat started taking on water causing passengers to panic in a scramble to reach life preservers. According to witnesses, the boat took on water and sank within 30 seconds.

 Chris Herschend, president of the company whose boat was involved in Friday’s fatal crash stated that all Ride the Ducks vessels have been inspected and deemed safe. NTSB officials spent Friday interviewing crew members and passengers in an effort to understand the reasons for the crash. The crew members of the tugboat that was moving the barge when it collided with the duck boat were interviewed on Saturday.  According to Joseph Dady, president of the National Mariners Association, tugboats have blind spots when they are moving large barges. Dady is a former tugboat pilot himself.

The duck boat’s captain, 58 year old Gary Fox had sent out a distress signal on channel 13 which is monitored by other boaters. He also blew his air horn when the barge came within 400 of the stranded duck boat but the horn, which had worked when tested that morning, failed to work.

While Ride the Ducks have resumed tours in cities other that Philadelphia a question remains, are these boats Safe? The NTSB and Coast Guard will continue to investigate the accident. The question of why the barge collided with the duck boat will closely examined by authorities and determined at a later date.