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Archive for the ‘Negligence’ Category

The Six Most Common Causes of Car Wrecks

Wednesday, August 17th, 2011

1.) Nearly 80 percent of auto accidents are due to distracted drivers. Examples of distraction include: cell phone usage, applying makeup, changing music, eating, etc.

2.) Most car accidents can be linked to traffic law violations. Common violations are: speeding, tailgating, improper lane changing, and the failure to yield the right of way.

3.) Driver error equally accounts for 80 percent of car accidents and is closely linked to driving while distracted. Some factors that contribute to driver error are: fatigue, drowsiness, distractions, and intoxication.

4.) Mechanical failures of a car such as brakes, tires, steering mechanisms, and suspension often lead to car wrecks and injuries. These are sometimes due to manufacturer design and often result in class action lawsuits which involve large settlements.

5.) Road conditions such as debris on the road or weather conditions like ice or rain can be an affording factor to car wrecks. Sometimes the government is the negligent party (for example a dangerous pothole that has been neglected for an extended period of time) and you may have a claim with that government entity.

6.) There are many flawed road designs that include intersections, merging lanes, traffic control devices, and other factors. The government may be held liable for such factors.

Was it a blow out or a defective tire?

Monday, July 11th, 2011

Hot pavement could reveal defect in tires

You’ve heard the old joke about it being hot enough during the summer to fry an egg on the sidewalk.

In Texas, this is very nearly true. Sidewalks and pavement can get incredibly hot. Not only can these surfaces do a number on eggs and bare feet, they can do a number on your tires. This is especially true if your tires already have a manufacturing flaw.

So, if you are driving down the highway on one of our hot Texas afternoons and suffer a blow-out, it might have as much to do with the fact that you may have defective tires as with the heat.

But, in order to make sure, you have to preserve the evidence. So, if you’ve had a wreck, and you think a tire defect had anything to do with it, you need to preserve the evidence.

What would be evidence? Well, the tire itself along with any parts of the defective tire that may have shed would be really important as Exhibit A in a trial. Showing how the tread separated on the tire is important to show liability.

The vehicle itself should also be preserved.  Never let the insurance company take the vehicle away as that may be the last you see of this important evidence. Even the wheel rims are important to prove that the tire, and not the wheel, was defective.

Also, save all the other tires including the spare so there is evidence that the owner took care of their equipment.  This is also important because most sets are sold off the same production line at about the same time.

Don’t forget that all records, including purchase and maintenance records, are important evidence.

Of course an expert would be helpful regarding not only the preservation of evidence but also the location of anything you might not think about. Experts like the accident reconstruction experts and defective tire attorneys at Cappolino Dodd Krebs LLP know what kind of evidence is needed for a solid case, and how to make sure that evidence is preserved.

The longer you wait to talk to an attorney, the harder it is to secure the evidence needed for a successful case. So do not delay. Call us right away for professional insight.

Jury recommends $14 million in Ford rollover case

Wednesday, January 12th, 2011

The Associated Press has reported that a jury  recommended  a San Diego Ford dealership pay more than $14 million to the family of a couple killed in a 2006 rollover crash.

The verdict was reached in early January against Mossy Ford. Three sons of Casey and Melanie Barber filed a wrongful death lawsuit against the dealership.

The couple were killed in July 2006 when their Ford E350 Sportsmobile rolled over near Page, Ariz., after a right-rear tire tread separation led to the crash.

Plaintiffs’ attorney Adam Shea told jurors the auto dealer performed a faulty tire repair on the van in August 2005 and it failed to take the tire out of service.