Alameda Personal Injury Law Blog

Lawsuit against Walmart over slip-and-fall accident continues

Walmart is no stranger to headlines about customer safety issues in its stores. From Black Friday crowds trampling victims to dangerous individuals wielding weapons in the aisles, the retail giant has made the news for a number of deeply concerning episodes. Yet Alameda residents continue to read stories about even the most basic safety precautions being neglected, giving rise to hazardous conditions.

In one Walmart store, a woman was shopping when she slipped and fell in a puddle of salad dressing on the floor. Not only did she hurt herself in the fall, but pre-existing conditions from which she also suffered were aggravated by her injuries. The accident left her disabled, with lost wages from work, continuing pain and the inability to enjoy the life she had before slipping and falling at the retail store.

Should you opt to use that auto tech? IIHS weighs in.

Auto technology ranges from fairly simple lane assist mechanisms to the more advanced, fully autonomous vehicles of tomorrow. Many of these forms of tech are optional. Not only can driver choose if he or she wants to purchase a vehicle with these advances, but even those that have this technology often have an on/off option.

Should you turn off that lane assist or adaptive cruise control tech on your car? The Insurance Institute for Highway Safety (IIHS) dug into this question. The group analyzed employees' use of various auto tech to find the answer.

The latest facts about truck crashes

Big rigs, semitrucks and box trucks are dangerous when they get into crashes because of their sheer weight and size. Moreover, since they're slower moving and poorly maneuvering, they are more at risk of getting into accidents than other types of vehicles.

According to the latest statistics, there were approximately 415,000 commercial truck related crashes that happened in 2015. Let's take a look at a few more statistics from the Federal Motor Carrier Safety Administration.

CA truck driver pulled off the road as an "imminent hazard"

The Federal Motor Carrier Safety Administration (FMCSA) is tasked with many things, including the prevention of commercial motor vehicle related fatalities and injuries. The agency meets this objective in a number of ways, including the implementation of rigorous standards for commercial drivers' licenses as well as compliance and enforcement efforts.

These enforcement efforts were recently highlighted with a story involving a man with a California commercial driver's license (CDL). The FMCSA conducted an investigation after the driver was involved in an accident. The accident occurred when the driver lost control of his commercial truck, crossed a median and collided with another semi-truck. The driver of the second semi-truck died as a result of injuries sustained in the accident.

Study finds link between marijuana and fatal accidents

A recent study analyzed the impact of marijuana use on fatal accidents. Researchers reviewed car accident data with a focus on one specific day: April 20th. The significance of the day resides within the celebration of a counterculture holiday known as the "High Holiday."

On this day, a number of Americans partake in the use of marijuana. As a result, the researchers used car accident data from this specific date to speculate on the impact of marijuana drug use on a driver's ability to safely operate a vehicle. The results were recently published in the Journal of the American Medical Association (JAMA).

Brain injury victims at significantly higher risk of dementia

Sometimes, an injury suffered in an accident heals, and the victim makes a full recovery. Other times, the injury is something that the victim must adjust to for the rest of their life. In the case of a brain injury, the injury itself can lead to serious conditions that do not develop until many years after the accident.

A recent study of three million victims of traumatic brain injury has found a significant association between the injury and the onset of dementia. Specifically, the study showed that a brain injury victim's risk of developing dementia is 25 percent higher than that of a person without a TBI. While the connection is not proof that brain injuries cause dementia directly, researchers hope it will raise awareness of the dangers of brain trauma in society.

National Campaign aims to reduce construction injuries due to falls

The National Institute for Occupational Safety and Health (NIOSH) recently published a call to the construction industry to join their ongoing campaign: 2018 National Safety Stand-Down to Prevent Falls in Construction.

What is this campaign?

The campaign is an extension of an ongoing campaign that began in 2012. The efforts focus on encouraging work safety and wise equipment use to reduce the likelihood of a dangerous fall while on-the-job. The agency notes that falls remain the number one cause of death within the construction industry, accounting for one in every three construction work fatalities.

Will police officers get to use the "Textalyzer" in CA?

Technological innovations have made it easier to figure out everything from where to get dinner to the best investment options for retirement funds. One controversial area that is currently under development involves the production of a product referred to as the "Textalyzer" device.

What is the "Textalyzer" device? This device is currently present as a prototype by its developer, Cellebrite. Production is on hold until approval.

The manufacturers explain that the Textalyzer is a device that can connect to a cellphone. Once connected, it can determine whether or not the phone was in use. This could provide valuable evidence in the event of an accident.

The makers of the device note that the Textalyzer will not provide any actual content. Instead, it will simply confirm or deny the use of the phone.

Compensation for the loss of a child in a wrongful death case

The loss of a loved one in a fatal accident is something no Alameda family should ever have to endure. Sadly, far too many people face this reality on a daily basis. A wrongful death lawsuit can help a grieving family protect their financial interests by compensating them for their losses, but the amount of compensation depends on a number of factors.

One such factor is the age of the deceased victim. A court can look at the income earned by an adult and use that in calculating the family's losses, but what if the accident victim is a child? It's much harder to define what a child's expected earnings and contributions to the family would have been. It's even harder if the child victim was very young, compared to (for example) a teenager with an early track record of employment, educational performance and other activities.

Long hours on the set can lead to drowsy driving

The #MeToo movement has opened a dialogue throughout the country. The movement has resulted in more than an opportunity for victims to share stories of sexual assault. It has also led others in Hollywood to feel emboldened enough to voice concerns about working conditions.

One example: dangerous hours.

Certain careers come with long hours. Physicians are one example. In addition to having to work at all hours of the day, many of these professionals will work long, grueling shifts.

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