When Is a Pedestrian at Fault In a Tampa Pedestrian Accident?

jaywalking injury attorneyThe facts on pedestrian accidents are pretty shocking. According to a study done by the National Highway Traffic Safety Administration (NHTSA), almost 70,000 pedestrians were injured in such accidents in 2008, and over 4,000 died in them.

Many people are under the impression that pedestrians always have the right of way. However, that is often not the case. Let’s take a look at some scenarios where pedestrian accident fault comes into play.

Pedestrian responsibility in auto accidents

The law typically holds that both drivers and pedestrians are responsible for exercising caution when traversing the nation’s roads. If either party fails to do so, they can be held liable if something they do (or neglect to do) results in an accident.

Examples of pedestrian negligence include:

  • Not obeying traffic signals when crossing the street
  • Attempting to cross major highways that do not have traffic signals
  • Jaywalking (going outside a crosswalk while attempting to cross the street)
  • Walking in places where pedestrians are prohibited (except during emergencies), such as major highways

What happens if both parties are at fault?

Sometimes, car accidents are a clear-cut case of fault: either the pedestrian or the driver is to blame. But often, things are more complicated, and both parties may share the blame for an accident.

Each state has different laws that determine fault, as well as the effect this has on what compensation (if any) the parties may be entitled to. It is best to contact an attorney to get more information.

Talk to a Tampa pedestrian accident attorney today!

Do you or someone you know have further questions for our jaywalking injury attorneys? The staff of Abrahamson & Uiterwyk is available 24 hours a day / 7 days a week, and can be reached at 1-800-753-5203. Call us today for a free evaluation of your case.

Understanding Truck Owner Liability: Who is at Fault in a Truck Accident?

truck maintenance blameTruck crashes can be some of the most devastating and catastrophic accidents a person can endure.

Whether you were hit by a relatively small pickup truck, or monstrous eighteen-wheeler, you were completely outmatched if you were in a passenger car at the time. And if you were a pedestrian, the odds are you suffered even greater harm.

You may have serious, long-term injuries, a damaged or unusable vehicle, time and money lost from work, and physical and emotional suffering. The question is who is at fault in a truck accident? And, just as importantly, who will pay the damages for what you went through?

Truck accidents: the liability may be broad

There is no clear cut answer when it comes to truck accident liability (a.k.a. legal responsibility). The truth is, the blame may be shared across several different parties or organizations. Let’s take a look at a few examples:

The driver. One of the chief culprits to look at in trucking accidents is the driver. It’s possible the person who hit you was drunk, on illegal or prescription medication, tired, distracted, unlicensed, or had numerous citations but was still on the road.

The trucking company (if one was involved). There are numerous laws trucking companies are supposed to follow involving the care of their vehicles, the types of drivers they hire, and the rules those drivers must follow.

For instance, drivers are legally mandated to take regular rest breaks so that they don’t become overtired and get drowsy or fall asleep at the wheel. However, in their never-ending quest to make more money in less time, trucking companies often have drivers skip these crucial breaks in order to speed up their delivery rates or to avoid hiring more drivers.

The maintenance crew. Whether it’s a single mechanic or group of them, shoddy or incomplete truck maintenance is often to blame for accidents. If trucks don’t undergo regular maintenance or repairs and they go undone, it is only a matter of time before a serious accident results.

Talk to our Clearwater truck accident lawyers as soon as possible

If you have a case surrounding truck owner liability, our Clearwater truck accident lawyers may be able to help. The staff of Abrahamson & Uiterwyk is available 24 hours a day / 7 days a week, and can be reached at 1-800-753-5203. Call us today for a free evaluation of your case.

Understanding Head Injury Recovery: Why Brain Injuries Are So Complicated

head injury attorneyIf you were in an accident and had a serious head injury, you probably have a lot of questions on your mind. How long will my head injury recovery take? Will I ever be the same again? And why are different types of damage to the brain so complicated?

While the first two questions will likely depend on your individual circumstances, the last one we can at least try to answer. The long and short of it is, it’s hard to know how to predict and treat brain injuries because the brain is possibly the most intricate and complex part of your body.

How accidents affect your brain

One of the reasons brain injuries are so complicated is because they are so varied. Generally, there are two types of head injuries:

  • Open head injury: This is when an object or projectile (such as parts of a car or debris from a crash) penetrates the skull. In these instances, brain damage tends to be specific and localized. Doctors can see exactly what part of the brain was affected, whether it’s a section affecting motor skills, cognition, or even personality.
  • Closed head injury: Unlike an open head injury, a closed one is when the skull is struck by an object, but nothing penetrates the skull. While you may think this would make the damage less severe, unfortunately this is not the case. Closed head injuries can impact not only the specific section of the brain that was struck, but these injuries can also be diffuse. This means the injury can affect parts of the brain that were nowhere near the original injury.

In addition to the different types of harm the brain can suffer, things are further complicated by the fact that symptoms may not become apparent right away. Symptoms can also vary greatly from one injury victim to another.

For instance, some individuals seem fine right after a crash. However, over time, they may begin to develop long or short-term memory problems, or suffer intermittent headaches. At times, it can take a while before they attribute these problems to their accident, and begin seeking treatment accordingly.

Contact a St. Petersburg personal injury lawyer today!

Do you or someone you know need a head injury attorney? Our firm wants to help. The staff of Abrahamson & Uiterwyk is available 24 hours a day / 7 days a week, and can be reached at 1-800-753-5203. Call us today for a free evaluation of your case.

Why You Shouldn’t Ignore a Headache After a Car Accident Head Injury

head injury car accidentIf you’ve survived the trauma of a car accident, you know there’s a lot of aftermath besides recovering from your initial injuries. Even if it was only a “fender bender,” a crash can leave you shaken.

In addition to notifying the police, exchanging insurance information, and visiting a doctor or hospital, there’s a lot to be done before you can get your life back to normal. If you suffer a seemingly-minor ailment following the accident, such as a headache, you may be tempted to ignore it.

However, that can turn out to be a serious mistake.

Seek immediate treatment for car accident injuries

The biggest reason you should never ignore a crash-related headache is because many injuries – including suffering a concussion in a car accident – may not appear right away.

Don’t think that if nothing was bleeding or broken after the injury it means you’re home free. It’s very possible you may still suffer brain damage from a TBI (Traumatic Brain Injury) – and a lingering or intermittent headache can be one of the main symptoms.

In addition, any injury involving the head is one you’ll want to have looked at as soon as possible. Different types of injuries affect different parts of the brain, it is crucial to get immediate treatment. If you don’t, you risk losing mental faculties that you might never regain.

Don’t overlook concussions in a car accident

The most common type of head injury in car accidents is a concussion, often thought of as something that’s easily dismissed. But if left untreated, serious concussions can lead to long-term memory loss, cognitive problems, coma, and even death.

The majority of people with concussions go on to make a full recovery and lead normal lives. However, this may be because their concussions were not severe, or they received the medical attention they needed right away. In either case, it doesn’t pay to take chances by ignoring a headache after a car accident – even if the rest of your body “feels fine.”

Talk to an experienced car accident law team

Did you suffer a car accident head injury? Our Tampa car accident attorneys may be able to help. The staff of Abrahamson & Uiterwyk is available 24 hours a day / 7 days a week, and can be reached at 1-800-753-5203. Call us today for a free evaluation of your case.

When is a Slip and Fall Injury Not My Fault?

slip and fall personal injuryWhen you have been seriously injured on someone else’s property, proving fault can play a critical role in protecting your rights.

A property owner is not necessarily responsible just because you happened to slip or fall on their property.

In fact, they may not be responsible at all unless you can show that you fell or were injured as a result of their negligence.

Determining Fault in a Slip and Fall Lawsuit

In most cases, one of the following factors must be true in order to prove fault in a slip and fall lawsuit:

  • A property owner, manager or employee was responsible for a spill, obstruction or other dangerous condition that resulted in an accident.
  • A property owner, manager or employee knew about a dangerous condition but failed to do anything about it.
  • A property owner, resident or employee reasonably could have been expected to have discovered and fixed a dangerous condition before an accident could have taken place.

Of course, slip and fall accidents can sometimes occur due to reasons that are beyond the control of a property owner.

For example, a recent spill or poorly place shopping cart in a grocery store can be responsible for a serious accident before employees have a chance to notice and address the hazard. Similarly, guests are expected to have a reasonable amount of awareness of their surroundings in order to look out for their own safety.

Have you been seriously injured due to someone else’s negligence? Call the Tampa slip and fall lawyers of Abrahamson & Uiterwyk today.

If you’ve been seriously injured in an accident on someone else’s property, you may need an experienced Tampa slip and fall attorney who can stand up for your rights.

Call Abrahamson & Uiterwyk today at 1-800-753-5203 to speak with a member of our injury law team for a free case evaluation.

How Your Car Accident Shoulder Injury Can Become a Disability

seatbelt injuryDealing with any type of shoulder injury a car accident can be a major inconvenience a hardship for injury victims.

Unfortunately, some serious shoulder injuries can result in long term disabilities that may have lifelong consequences.

Types of Serious Shoulder Injuries

Some of the most common types of shoulder injuries include:

  • Rotator cuff injuries
  • Severe sprains & strains
  • Dislocation
  • Bone fractures

Symptoms of Serious Shoulder Injuries

Common symptoms of a seatbelt injury and other serious shoulder injuries include:

  • Pain: Discomfort ranging from sharp severe pain to dull aches can result from different types of shoulder injuries.
  • Limited mobility: Shoulder trauma can result in stiffness or complete immobility depending on the type and severity of an injury.
  • Abnormal appearance: Some shoulder injuries can result in severe swelling or increased prominence in different areas of the region.

Remember, symptoms of some serious injuries may not be present in the immediate aftermath of an accident. If you or a loved one develops the symptoms of a shoulder injury after being involved in a car accident, it’s worth seeking the attention of a medical professional.

While some of the aches and pains caused by an accident may clear up in a matter of days, early detection can be very helpful in the treatment of more serious injuries.

Call Abrahamson & Uiterwyk 24 Hours a Day / 7 Days a Week at 1-800-753-5203!

Have you or a loved one been severely hurt in an accident in our area? Our Tampa car accident lawyers may be able to help.

Call Abrahamson & Uiterwyk today at 1-800-753-5203 to get started with a free evaluation of your case.

Why You Shouldn’t Ignore Chest Pain After a Car Accident

chest injury car accidentIf you or a loved one experiences chest pain after a car accident, be sure to take it seriously. Chest pain can be a symptom of a serious injury or medical condition that may require prompt medical attention.

Causes of Chest Pain After a Car Accident

  • Bruising
  • Broken ribs
  • Fractured sternum
  • Swelling or inflammation
  • Other internal injuries

Symptoms Associated with Chest or Sternum Injuries

Trauma to the chest and sternum can result in a variety of symptoms depending upon the location and severity of an injury. Some common symptoms of chest injuries include:

  • Sharp, stabbing pain when moving or stretching
  • Severe pain when coughing, sneezing or laughing
  • Constant discomfort or pain, even while not moving
  • Pain or discomfort when even a small amount of pressure is applied to the chest

Remember, experiencing chest pain after a car accident may indicate that you have suffered a serious injury that requires the care of your healthcare provider. Take action and seek medical attention as soon as possible if suspect that you may have suffered a chest injury from a car accident.

Call Abrahamson & Uiterwyk today and put our Tampa car accident attorney’s 100+ years of experience to work for you!

Our Tampa car accident lawyers have served injury victims in Clearwater, St Petersburg and throughout Tampa Bay for over 25 years. If you’ve been hurt in a car accident in our area, call Abrahamson & Uiterwyk today at 1-800-753-5203 to find out how we may be able to help with a free case evaluation.

Does Following OSHA Rules Help Protect Clearwater Workers from Slip and Falls?

The Occupational Safety and Health Administration was created to protect workers throughout the country from being seriously injured on the job.

In order to accomplish its mission, OSHA has established clear guidelines that are designed to protect employees from a variety of workplace accidents.

OSHA Guidelines for Slip & Falls

When it comes to preventing slip and falls, OSHA guidelines require employers to take measures designed to address some of the leading causes of such accidents, such as slippery surfaces and improperly maintained elevated worksites.

These specific safety standards vary among different industries. Some examples of the types of protections that they are designed to address include:

  • Specific forms of fall protection for employees working above a given height.
  • Maintaining clean and dry walking surfaces.
  • Guarding floor and wall openings or holes.
  • Safety requirements for scaffolding.

Do These Guidelines Actually Protect Workers?

Slips, trips and falls are responsible for the majority of general industry accidents, according to OSHA. All too many of the serious injuries and fatalities that are caused by these accidents could have been prevented if employers and employees had been following OSHA guidelines.

Following OSHA guidelines plays a critical role in ensuring workplace safety and avoiding unnecessary injuries from accidents like slip and falls.

Call Our Injury Law Team Today & Put Our Clearwater Personal Injury Lawyers 100+ Years of Combined Experience to Work for You!

If you’ve been seriously hurt in an accident in our area, the Clearwater slip and fall lawyers of Abrahamson & Uiterwyk may be able to help. Call us today at 1-800-753-5203 to speak with a member of our injury law team.

3 Back to School Safety Tips for Avoiding Pedestrian Accidents around Tampa

safety tips back to school

With the summer all but over, it’s time for children to head back to school.

This means that there will be more young pedestrians on our roads walking and biking to and from school.

In our area, Tampa drivers can do their part in ensuring that our communities are safe for kids on the go by being extra vigilant for pedestrian safety during this time.

Be mindful of school zones

School zones are well marked and deserve extra care when you are commuting during certain times of the day. Be sure to drive below the posted speed limit and plan ahead to give yourself a little extra time if you know that you’ll be driving through these areas when school is starting or getting out.

Stay vigilant for young pedestrians, especially in residential areas

Remember, younger children can be harder to see due to their height, and they are often moving quickly when they are at play. Many young pedestrians also are not familiar with the rules of the road and may not be mindful of traffic. Be prepared to stop with very little notice if necessary.

Take the time to educate your own children about pedestrian safety

If you have children of your own, sit down with them and have an open conversation about the importance of pedestrian safety. Some important safety topics to consider include:

  • Following proper street-crossing etiquette.
  • Obeying all traffic signs and personnel.
  • Avoiding common distractions like smartphones and other devices.
  • Never darting into the street, especially from bushes or parked cars.

Call Abrahamson & Uiterwyk Today to Put Our Experienced Tampa Pedestrian Accident Lawyers to Work for You!

If you or a loved one has been seriously injured in an accident in our area, our Tampa pedestrian accident lawyers may be able to help. Call the injury law team of Abrahamson & Uiterwyk now at 1-800-753-5203 to get started today.

Will the NHTSA’s Move to Mandate Connected Vehicle Technology to Reduce Clearwater Car Accidents?

nhtsa connected car technology

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently announced that they are moving forward with establishing rules that will eventually require cars and light trucks to implement connected vehicle technology.

What is connected vehicle technology?

Connected vehicle technology allows vehicles to electronically connect to one another while they are on the road. This type of technology is designed to enable wireless communication between vehicles, as well as traffic infrastructure and personal devices.

Some examples of the different types of connected vehicle technology that are being developed include:

  • Safety applications that provide 360-degree awareness of obstacles and other hazards that drivers cannot see.
  • Mobile applications that provide a connected travel environment using anonymous data from all of the connected vehicles that are using a traffic system at a given time.
  • Informational applications that provide drivers with real-time data on traffic congestion and
  • other important updates.

What steps are the NHTSA taking toward implementing this technology?

The NHTSA has announced what is known as an Advanced Notice of Proposed Rulemaking concerning connected vehicle technology. This notice provides the public and the vehicle industry with the opportunity to provide input on how implementing this technology will be regulated. The notice coincides with the release of a research report on vehicle-to-vehicle communications.

Will connected vehicle technology help reduce accidents?

Although it will take time to be implemented, the Department of Transportation believes that connected vehicle technology will play a key role in creating safer roads in the years to come. This type of technology is hoped to significantly reduce highway crashes while providing traffic managers with the data they need to maintain road safety.

Call Abrahamson & Uiterwyk 24 Hours a Day / 7 Days a Week

Have you been hurt in an accident that was caused by another driver’s negligence? Call the Clearwater car accident lawyers of Abrahamson & Uiterwyk today at 1-800-753-5203 for a free case evaluation and initial consultation.