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Freak accidents, like a car and airplane collision, rarely happen but when they do, the consequences are often fatal. Some people may also find it odd to ask which accident law should apply to freak accidents.
It depends on the given situation and the contributing factors in the accident.
In one of these rare accident cases, such as the one mentioned in “Airplane and Car Collide on Interstate 40”, posted on August 13, 2008, a car collided with an experimental plane that made an emergency landing on Interstate 40 west of Needles.
The article, which was based on a news story regarding the accident, mentioned two conflicting facts. Initially, it said that the aircraft was “preparing to take off when it was struck by a vehicle”. In another part, it said the plane “was flying just above traffic, when it flew lower into the path of a vehicle”, when the accident occurred.
This motor vehicle versus aircraft collision seldom happens and in this case, the pilot incurred severe injuries and died instantly at the scene of the accident while the car driver and the three passengers suffered only minor injuries.
Although the accident is being investigated by both the Federal Aviation Administration and the National Transportation Safety Board, for the victim or his survivors, they may pursue their claim based on the applicable car accident law.
The claim for damages in this accident must be pursued under laws governing car or motor vehicle accidents because of the following elements:
• The accident happened on the road (Interstate 40)
• The aircraft happened to be “parked illegally” on a freeway, which is, traditionally, a conveyance for motor vehicles such as cars, trucks, and other motor vehicles.
• One of the parties involved is a motor vehicle
Vehicle accidents involving drunk drivers are commonplace occurrence and there seem to be no end to the number of innocent victims, harmed or killed, in DUI-related incidents.
In the article,”Woman Charged in Church Van Drunk Driving Accident”, posted on August 20, 2008, some factors tended to complicate matters as two elderly women were among those injured.
The collision involved a car driven by an intoxicated woman and a church van carrying seven members, most of them elderly, from the Light Oak Missionary Baptist Church.
Luckily, for the van passengers, including the two elderly, they suffered only minor injuries but the vehicle was damaged extensively.
According to the article, the female driver of the car that collided with the van had been charged with “drunk driving and driving left of center” before. When police confronted the suspect, the officers smelled her reeking of alcohol.
As an excuse, the car driver denied being drunk and said she just took a few sips of vodka before she left the house. She also claimed that she was only driving at 20 miles per hour, and was just trying to reach for something in the back seat when the accident took place.
Apparently, it was not the first time for the same driver to be involved in a similar accident and for all other accidents, drunk driving is the scourge of motorists.
Perhaps in the future, the authorities could implement stricter laws that will ultimately prevent occurrence of similar accidents.
At approximately 11.43AM on the 30th of July, officers from Bakersfield Police responded to 1900 Columbus Street, One Bakersfield reports.
It appears that 84 years old Charles Nowatzki was traveling east of said street. As it passed through the intersection on Baylor Street – his 1997 Ford Crown Victoria struck a pedestrian in the crosswalk.
The pedestrian suffered major bodily injuries and was taken to a hospital.
The old man wasn’t speeding, nor under the driving under the influence – both drugs and alcohol.
The question is, at his age, why was he driving? Or at the very least, why was he even allowed to drive? There is no law which prohibits an octogenarian from driving, yes. Only that study shows that the risk for drivers 75 years of age and above is higher.
If negligence is proven, Mr. Nowatzki, or his family, can be made to answer for damages he has caused. And I’m afraid, his age will not be considered favorably.
A person who figured in a car accident may suffer injuries such as spinal cord damage, fractured bones, injuries to lower limb and traumatic brain injuries, among others.
In 2006, car accident fatalities in the United States totaled to 42,642. Out of that number, pedestrian accident kills a staggering number of 4,784 while nearly 70,000 pedestrians are injured.
Statistics show that at least 1 pedestrian gets killed in a traffic accident every 110 minutes, or so.
Due to increasing popularity of car culture in the country, only 8.6% of the trips were recorded to have been made by walking. Despite this, 11.4% of all traffic deaths are pedestrians.
Pedestrian accident is the second leading cause of unintentional injury-related death for children within the age bracket of 5 and 14.
Airbag, as considered by many, is their last line of defense against serious injury in a car accident. With the proper airbags installed and working, people feel at ease riding their cars, and could make them feel a little immortal. These describe the import of airbags to people, as their sort of defensive protection, supplementing seat belt.
However, just recently, the airbag failure issues has been on the open line once again, as ever, where a certain Brooke Katz and her unborn child was killed in a car accident in Atlanta due to airbag failure.
The car involved in the fatal crash was a Chrysler car, which has been controversial lately in their airbag provisions. The controversy have grown when a testimony from a Chrysler employee reveals that some of the crashes involving Chrysler cars occurred in cars whose air bags were recalibrated by the company to not deploy at all. This revelation came in court papers presented in the lawsuit against Chrysler brought by Brooke Katz husband.
This case, along with so many others fatal front-impact car accidents after airbags failed to deploy, has long been an issue in our jurisdiction and as can be anticipated, would still continue to rise.
As can be gleaned then from these accidents, all evidence seems to point to yet another instance of auto manufacturers wanting of measures to deal with the airbags late deployment problem, totally compromising the lives of their patrons.
As I can relate with these, especially to those who may have suffered an air bag-induced injury, that they have the right to go against the auto manufacturer who failed to keep safe their airbag in good conditions. In these aspects, there is a great chance for those injured to recover financial compensation for their pain and suffering, medical bills, rehabilitation, lost wages or income, and property damage against the erring manufacturer.
Motorcycle accidents are not that often compared to other kinds of vehicular accident but it usually results to nasty injuries. In the US, statistics show that motor accidents are the leading cause of death of people between 6-33 years old, and almost 3,000 people are killed each year as a result.
Motorcycle accidents often result to serious injuries or death. Most victims of motorcycle accidents undergo serious life changes and permanent disability.
A new addition to the long list of motorcycle accident just happened yesterday. In a news report entitled “91 Freeway Accident Sends Motorcycle Rider to Hospital” posted on August 6, 2008 related an accident involving a motorcycle and three cars.
As of the moment, the authorities are still on search on the cause of the accident. The only report that has been released is that the driver of the motorcycle was transported to a hospital for treatment but his identity is still unknown.
Well, let us leave that matter to the authorities. My concern is on the victims of the incident. I encouraged them to file a claim for damages and other monetary benefits against the person who caused the injury. Such right is provided in the federal and state laws to victims of this kind of incident.
I also advise them to contact an experienced motorcycle accident attorney. These persons are adept in this kind of issue; therefore, you have higher chance of getting the right amount provided by law.
Yesterday, online news reported about a car chase, which caused some minor accidents in Los Angeles.
The report said the police have arrested the suspect who drove opposite freeway traffic that led to high speed chase between him and the police.
During the chase, the suspect’s vehicle figured in a collision accident with another vehicle in Mission Hills. As of the time of this writing, it wasn’t known yet whether the crash caused any injuries.
But, reading the news, I think one thing here is known and certain.
The law, to protect the motorists from their reckless and negligent fellow, requires the erring drivers to compensate their victims for any damage, bodily injury or damage to property, alike.
Therefore, for the collision this driver caused in the intersection in Mission Hills, irrespective of the fact that no injuries are known to have been sustained, he will have to face prosecution for the compensation of the other driver for the damage that the latter sustained from the collision.
Not to mention the certainty of the fact that the driver will be facing charges for his felonious act and violations of the existing traffic rules and regulation of the county or state.
The victim of the car collision may claim from his own or the suspect’s insurance company for the actual value of the repair of his vehicle together with other damages.
Good thing the person was arrested. His victim will no longer have the extra burden of looking for him.
