Was Negligence Involved In a Bad Weather Car Accident?

Bad weather greatly increases the risk of an accident. Determining who is at fault in an accident is usually an issue of negligence. East Texas is especially prone to bad weather. Severe thunderstorms and hurricanes can create flash floods within minutes. Driving in these conditions requires greater care to keep everyone safe. Keep reading below for some questions asked to determine whether negligence was involved in an auto accident.

How to Prove Negligence in a Bad Weather Car Accident

• What speed was necessary? Determining how fast the vehicles involved in the accident were traveling will help determine whether negligence was involved. In bad or severe weather, cars are expected to slow down for visibility and safety.

• Were the headlights on? Visibility can become scarce when skies darken in severe thunderstorms or heavy fog. Driving without headlights can cause accidents to other cars and pedestrians.

• What was the condition of the vehicle? Were the windshield wipers on and working? What about headlights? Were tire pressures at a safe level and in decent condition? Was there an engine failure that could be at the heart of the accident? These are all questions that need to be considered to determine the level of fault in an accident.

• How bad was the weather? The driving conditions at the time of the accident will also determine how the drivers should behave in that scenario. The less severe the weather, the less it would matter that you are driving slowly, with hazards on, etc.

What If Both Parties Are at Fault?

States have different laws that determine when a member involved in an accident can sue the other party for damages. In Texas, if a member is found to be 51 percent or more at fault for the accident, they cannot recover damages from the other party. Some states are 50 percent or higher; other states compensate on the exact amount of the percentage of liability they have in the accident, i.e., if you are 90 percent responsible for an accident, you can win the remaining 10 percent from the other insurance party. Car accidents can be expensive, and many complex factors go into determining whether drivers were negligent and who is financially responsible for the accident. Contact Mike Love & Associates, LLC today. Our team of Lufkin car accident lawyers can help you answer the hard questions in your auto accident.

Watch Out for Remarketed Defective Used Vehicles

Auto safety recalls are always important to follow. A recent recall involving Takata airbags has resulted in hundreds of injuries and affected almost 42 million cars. Is it possible that a used car dealer, aware of a vehicle’s potentially dangerous recalled products, could still sell the car to someone as long as they let them know that parts of the vehicle are on recall? The answer is yes, and this is the topic of a legal debate between General Motors and two used car dealers. Keep reading to learn ways that dangerous cars are being remarketed.

Ways Defective Cars Are Remarketed

Standard titles on remarketed recall cars include “repaired for safety issues” or “subject to inspection.” These titles are vague, and the real meaning of those terms can be lost in the sales process. The real danger of purchasing one of these vehicles should be made much more evident in the marketing. More like “car contains a potentially dangerous recalled airbag.” This would make it harder to sell the car, but the debate is whether these cars should be resold at all.Laws have been enacted against car manufacturers for selling recalled vehicles, and in 2016, a similar law was passed to regulate the sale of recalled vehicles by car rental agencies. There is no regulation of used-car companies. However, there are laws requiring the dealer to repair the recalled item fully or to disclose to the buyer that the car is still subject to recall.

 Is the Manufacturer or Used Car Dealer Liable?

In the event of a dangerous product recall, both the manufacturer and the used-car dealer may be found liable if certain conditions are met. The used-car dealer is not responsible for having cars with recalled parts. Still, they are responsible for clearly communicating to the vehicle buyer that the vehicle contains recalled products and has been repaired, or that the recalled product in the car is still pending repair. It’s when the remarketing is poorly explained to the buyer or uses overly vague wording to explain the problem clearly. This is where the means of a debate have arisen. The manufacturer of the recalled product is liable for personal injury lawsuits and compensatory damages. These remarketed cars are dangerous, and if you have purchased a used car with a defect, you may be eligible for compensation. Lufkin car accident attorneys at Mike Love & Associates, LLC are experienced in many kinds of auto accident cases. Injured? Call us today.

Could Drone Technology Keep You Safe in an Emergency?

New drone installations are being introduced in the emergency response field. Imagine that you are in a terrible auto accident on the way up a mountain to go swimming in a lake during the summer. Your car is hit on the left side by an errant driver, pushing you off the road, and your vehicle then careens down a rocky cliff to your right. You regain consciousness and realize your leg is trapped under the vehicle, and rocks surround you. You know that an outsider would have a tough time reaching your car, since boulders shroud the accident site; however, there is an opening overhead. This is where emergency response can fly a drone in the opening; the drone can then assess the damage after you verbally state your location and injuries. This could save the emergency response team countless hours and resources spent locating the crash site and preparing for the injuries you have. This is an extreme case, but advances in technology are helping to keep you safe in emergencies. Keep reading for tips on what to do if you are trapped in an auto accident and what to do after you are safe.

How to React if You Are Trapped After An Auto Accident

• Try to remain calm: This will be very difficult, but in this situation, panicking will drain you of the limited energy you have left. The more energy you conserve, the longer you will be able to fight to stay alive.

• Call out for witnesses: Even if you are in a very remote area, there could be more people listening than you think. Try yelling for help periodically until you get a response. If people saw your accident, they are most likely already calling 911, which is cause for optimism. Utilize your OnStar emergency assistance and hands-free calling technology if possible.

• Have a first-aid kit: Having one in your car could be the difference between life and death in a devastating car accident like the one we described above. Have a box with a flashlight, a blanket, a first-aid kit, and water.

Take Action to Get the Compensation You Deserve

New advances in technology are making it easier to save lives. Despite this progress, people are seriously injured in auto accidents every day that may not be their fault. Suppose you have been in a serious accident and were not the driver at fault. In that case, the car accident attorneys at Mike Love & Associates, LLC can help you recover the compensation you deserve for injuries sustained in an auto accident.

Are Chemical Companies Poisoning Our Environment?

A few years ago, Denmark faced the difficult task of replacing popcorn bags that use grease resistant fluorinated chemicals called PFOA’s. These chemicals have been found to accumulate in human organs if ingested. Chemical manufacturing companies can be at fault, such as Dupont in West Virginia, where over 3,000 people filed personal injury lawsuits after local water sources were tainted with PFOA’s from a chemical spill. Dupont had to pay over $670 million for damages while producing Teflon, the substance used to coat pots and pans. These chemicals have been linked to multiple cancers, thyroid disease, and high cholesterol after ingesting. Facing backlash, companies have started using alternatives that are often derivatives of the same chemicals. These can still be dangerous for human health. Keep reading below for how to keep yourself safe from contaminants in your area.

How To Protect Yourself From Local Chemical Manufacturers

• Know your environment: Knowing major chemical manufacturing companies, the products they produce, and keeping up with local product safety and environmental news can help you know if something hazardous is in your area.
• Chemical manufacturers misstate facts: Representatives for chemical companies have stated that the alternative “shorter bonded” versions of the PFOA’s are not harmful, and use them instead. However, studies exist on these newer versions of the chemicals that say otherwise. They cannot break down in nature, so they are found pretty much everywhere that is exposed to them.

If you live near a plant that produces products such as fast-food wrappers, Teflon, or other known dangerous substances, monitor your health. If you think your health may have been damaged by a local manufacturer, let us know your story.

5 Must-Have Activities on Your Spring Cleaning Checklist

Multiple aspects of your home should be checked each year during spring cleaning. For example, fire extinguishers, carbon monoxide detectors, and smoke detectors should be inspected and, when necessary, replaced. Failing to inspect or replace these items can be a disaster waiting to happen, so it is vital to include this activity on your spring cleaning checklist. It is also essential to check for product recalls on some of these items. The following tips can help you determine what to look for and when to replace everyday household items.

1. Check your smoke detectors: The U.S. Fire Administration recommends testing them once per month and replacing the batteries twice per year. There are different types of smoke detectors, so always check your manufacturer’s instructions before making any repairs.

2. Inspect carbon monoxide detectors: If your home has fuel-burning appliances, it should be equipped with multiple carbon monoxide detectors. Carbon monoxide is an invisible and odorless gas that can kill you within minutes. The National Fire Protection Association recommends installing detectors on each floor of your home and within 15 feet of fuel-burning appliances to reduce the chances of false alarms. You should ensure these alarms are clear of dust and debris. Replace batteries or ensure the detectors are plugged into wall sockets.

3. Inspect fire extinguishers: Depending on your home's size, you may need more than one. However, fire extinguishers can expire or deteriorate due to wear and tear. They must be checked regularly to ensure they have not expired. Inspect the pressure gauges and look for rips and tears in the hose and nozzle. The needle on the pressure gauge should be in the green area.

4. Replace first-aid kit items: Every home needs one. Unfortunately, items in this kit can expire and must be replaced periodically. You should also check for any missing items in the first aid kit. Any excess or expired medications should be tossed.

5. Replace dirty air filters: Check and replace them during your spring cleaning. Dirty air filters can become clogged with allergens and other particles that may be harmful to your health. It can also lower the spike in blood pressure you may experience after seeing your first electricity bill during the summer months.

Should You Check These Household Items for Product Recalls?

Always check for recalls on these products. For example, manufacturing defects can render smoke detectors and carbon monoxide detectors useless. Last year, Kidde recalled its combination smoke/carbon monoxide alarms due to a defect that prevented the devices from working. Check the manufacturer name and model, then enter them on the Consumer Product Safety Commission (CPSC) website.