ATV Safety 101

ATVs (all-terrain vehicles) are very popular in Gainesville and throughout Florida. They are fun, exciting, and enjoyable for off-road adventures. It’s no surprise that with this great fun comes great dangers. In fact, according to a study released by ATVSafety.gov, there were 376 reported deaths and 131,900 reported accidents in 2009 in ATV-related incidents. So what is the best way to keep you and your family safe during your off-road excursions? Follow these rules for a safe ride:

  1. Always wear a helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves when you ride your ATV in Gainesville, Florida.
  2. Never ride your ATV on paved roads except to cross streets or where permitted by law. Remember that an ATV is specifically designed for off-road terrain.
  3. Never ride under the influence of drugs and/or alcohol as it can impair your judgment similarly to driving a car.
  4. Never carry a passenger on a single-rider ATV and no more than passenger on an two-rider ATV.
  5. Ride an ATV that’s right for your age. If you’re unsure which ATV is right for you, ensure to talk to a professional who sells or maintains ATVs.
  6. Supervise riders age 16 and under. It is your responsibility to ensure an ATV is not treated as a toy.
  7. Ride only on designated trails and at a safe speed to protect you and those around you.

For more information about ATV safety, visit the ATV Safety Institute website to browse their tips and safety guidelines. If you or someone you know has been in an ATV accident, contact the legal team at Bagen Law to discuss your case.

Study Reveals Women Are Involved in More Accidents Than Men

Car AccidentsA new study developed by the University of Michigan found that car accidents are mostly caused by women. Researchers studied thousands of traffic accidents over a 20-year time span. The results are surprising: female drivers are far more likely to run into a car driven by another woman than a man.

The study is bound to add fuel to the man vs. women fire. Lead author Michael Sivak of the University of Michigan’s Transportation Research Institute said he and his colleague, Brandon Schoettle, wanted to determine if there was a gender interaction component in traffic accidents. In fact, Sivak called the results “astounding.” The team examined police reports of two-vehicle traffic accidents across the country from 1988 to 2007.

They focused in on cases where the drivers of both vehicles could “potentially” determine the gender of the other driver in the moments before the crash. The accidents occurred during “personal travel” and since men drive 60% of the time compared to a woman’s 40%, the researchers’ theorized men would be involved in more accidents.

The “expected” percentage of accidents in which both drivers were men should be around 36%, but the chances that a woman would run into another woman was expected to be less than 16%, because women drive less than men.

Crashes involving two female drivers were “overrepresented” in five out of six different crash scenarios: Variations on crossing another vehicle’s path, side-swiping, turning in front of another vehicle, and head on. But here’s the bizarre part – when both vehicles were driven by a female, the crashes exceeded the expected frequency by at least 50 percent in two scenarios, and more than 25 percent in three others.

At least one other study discredited the idea that men are better drivers than women are. Researchers at Johns Hopkins University revealed that female drivers were involved in more crashes then men, but the difference was not substantial – 5.1 crashes per million miles driven for men, compared to 5.7 crashes for women.

Social Media – The Smoking Gun in the Personal Injury Lawsuits

Technology has undoubtedly changed the world we live in. If you want to communicate with your friends as to your day or your plans that night, you more often than not use a social networking site as means of getting the word out. However, your social networking of choice could also be your biggest obstruction when you decide to pursue a personal injury claim.

Guard Your Privacy

When you are putting together a personal injury claim, it’s important to understand that anything private can be made public easily. The defense will stop at nothing to tear down your case. Oftentimes, you can expect to have different parts of your life presented in a court of law that you thought were behind you or were guarded by privacy settings. In recent years, courts have considered whether the information and photographs posted on websites like Facebook must be disclosed. In many situations, the injured party may be obligated to provide the contents of their Facebook account, including those sections that are categorized as private.

Keeping Your Case and Your Facebook Separate

Here are a few tips to ensure that your social media profile stays out of your personal injury case.

  • Disable all social media accounts – When you go into your initial consultation, your personal injury lawyer will advise you to disable all social media accounts. Your blog, your social media accounts, and any other internet medium that allows you to publicly interact with others.
  • Search for yourself – Use a search engine to perform a search on yourself. Type your name into a search engine to see what is available online in terms of your background and your past.
  • Monitor your friends’ activities – Keep an eye on the posts and topics your friends are discussing online. View location check-ins, comments, and photos to ensure that your name remains private and you’re aware at all times of what is being said about you online.

Why It’s Important

From jury selection to settlements, social media is playing an intricate role in how cases all over the Nation are being developed.  Although some courts are attempting to ban social media from entering the courts, it is impossible at the rate that social networks are growing.

Rachel Wade vs. the State of Florida

Rachel Wade is serving a 27-year prison sentence for the murder of her romantic rival, Sarah Ludemann. The two were fighting over Joshua Camacho, a 19-year-old, who was dating both girls at the same time. Wade, who was 19 years old at the time, blames social media for her conviction.  Rachel Wade used the social networking website MySpace to threaten Ludemann. Her threats toward Ludemann may have inevitably resulted in her guilty conviction.

According to Rachel Wade’s attorney, Jay Herbert, “There was an incubation period in which the case percolated and verbal and malicious threats went back and forth both ways between the two girls,” Hebert told AOL News.  ”The entire relationship played out in either a MySpace forum or instant communication back and forth, and that just led to a [much] heightened, very volatile [situation].”

It took a jury less than three hours to convict Wade of murdering Ludemann.

Social Media in Other Trials

Here are some other documented examples of how social media usage has played a part in recent court proceedings:

  • A juror posted details of a case on her Facebook page then polled her friends on how the case should be decided.
  • A Maryland juror looked up the definition of a word on Wikipedia one night after deliberations.
  • A New York juror requested a witness to be her Facebook friend after one day of deliberations.
  • A California defendant’s girlfriend tampered with a juror through MySpace.

It is scary but true, anything you post online can be used against you in a court of law. If you’re a plaintiff in a personal injury case, speak to a lawyer today about what you need to do to protect your privacy and ensure you receive the most unbiased case possible.

 

7 Things to Do after an Accident

Ambulance, Personal InjuryWhen you’ve been injured in a slip and fall, a car accident, or any type of personal injury incident, you’re probably feeling overwhelmed by the chaos and flurry of emotions.

With all of the confusion, it can be easy to lose sight of the proper steps to take next. However, if you have been in an accident, then it is essential that you follow these steps to ensure you have a solid case. Here are 7 things you need to do when you’ve been injured in an accident.

 

Secure the scene. When an injury occurs, the first thing you must do is prevent any further danger while you wait for help. Drag injured persons away from danger, move away from unstable debris, or put out any fires.

Call for assistance. As soon as the area is secure and any visible dangers have been removed, call for help. The sooner help arrives, the better your chances of survival and lessening the severity of long-term effects of your injuries.

Apply first aid. Accidents and injures occur everyday and those who are unprepared to handle them are often the ones who suffer the most. Keep a first-aid kit on you at all times to assist in times of crisis. Begin CPR, put pressure on bleeding wounds, and stabilize broken bones. Stay calm and ensure that all panicked parties remain stable as well.

Record details. Once emergency personnel have arrived and the threat of immediate danger has dissipated, it’s time to record as much information as possible about the situation and the accident. Take pictures, jot down details, and record the time sequence of the accident. No detail is too small and you would be surprised what information will assist law enforcement, paramedics, and doctors.

Get a medical evaluation. Even if you think you were fortunate enough to walk away from an accident, you may be surprised at the invisible, internal injuries you may have suffered. While you may feel fine, a severe injury may present itself within hours or even days.

Be honest. During your medical evaluation, tell the medical staff that your injuries may result in a personal injury lawsuit. Why? Every doctor and nurse should chart as if each case may be presented in a court of law. However, in mentioning the possible action prior to an exam, it will prompt the staff to spend a few extra moments documenting important details and verifying records.

Contact a personal injury attorney. When you’ve been injured in an accident and you’ve taken the necessary steps to protect yourself and the scene, the last step is to contact a personal injury attorney. The attorneys at Steven A. Bagen will provide you with a free consultation to help you decide whether you have a case.

When to Call a Personal Injury Attorney

Personal Injury, Car Accident
When you’ve been seriously injured in an accident, it can be a scary time for you and your family. There are so many questions, not enough answers, and too little time to decide what to do next. One of the first steps to getting your life back is to know when to call in a personal injury attorney to assist you in your case.

You’ve been told by a doctor that you’re seriously injured. If your injury has ultimately led you to the hospital and a medical professional has deemed your injury serious, then it’s time to call a personal injury lawyer. Just because you may be covered by insurance, does not mean you should trust they have your family’s best interest at heart. If you are losing time from work and you can not get the recovery you deserve, then it is time to bring in a qualified personal injury attorney. An attorney will work with your insurance company and the other parties involved to ensure you have less to worry about as you recover from your traumatic injury.

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