The days following a car accident can be scary. If you’re injured, you need to plan your recovery. If your injuries will keep you from working, you’re probably going to be worried about finances. And lastly, you’ll likely be looking for an attorney to represent you. But which personal injury attorney should you choose? You’ll have a lot of options to choose from, no matter where you live. Here are 4 factors that a personal injury attorney will typically use to evaluate your claim:
Medical Treatment. One of the largest factors for any personal injury claim is an actual injury. You can’t pursue a personal injury claim if an injury hasn’t occurred. If you are injured, you must have some sort of medical treatment in order for a favorable decision to occur. Medical evidence is the most important aspect of your case. Medical records from a credible medical professional are crucial.
Time. When did the accident occur? A lot of people will start searching for an attorney quickly after their accident happens. That’s good. However, some people may wait. You shouldn’t wait too long. Timing varies from state to state, but most areas have a statute of limitations. In West Virginia, the statute is two years.
Who is at fault? The police report will play a big part in determining who was at fault in a car accident. If you’re at fault for the accident you were in, you will have a difficult time receiving compensation or arguing your case.
Have you settled? Insurance companies are notorious for under-compensating you for your Injuries. They will send you an offer that will likely be far less than you deserve. These offers can be tempting for accident victims. But if you accept the offer, you may not be able to pursue a personal injury claim.
Car accidents can be scary, but seeing an attorney shouldn’t be. We offer free case evaluations by experienced, caring professionals. If you’d like to know more about the services we offer, call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so we can contact you at a better time.
Why Are Pedestrian Deaths on the Rise?
POSTED BY Jon Corra . July 06, 2018
A recent report from the Insurance Institute for Highway Safety (IIHS) sheds new light on the increasing number of pedestrian deaths. The article mentions an increase of 46% since 2009. Further, a February 2018 article by National Public Radio stated that pedestrian deaths have reached a 25-year high for the second consecutive year. The cars we purchase are safer than ever, but more and more pedestrians are being killed and injured.
Just how bad is this issue?
The NPR article listed above stated that pedestrian deaths have been at a 25-year high for the second year in a row. What’s even more alarming is the increase from 2016 to 2017. NPR claims the year-to-year increase is 27%. In 2017, nearly 6,000 pedestrians died. According to NPR, five states: California, Florida, Texas, New York and Arizona, accounted for 43% of pedestrian deaths during the first half of 2017, despite being home to just 30% of the U.S. population. Another alarming statistic reveals that 8 of the top 10 most dangerous areas were in Florida according to the study by Smart Growth America.
Why are deaths increasing?
If you look at the increased numbers, you might assume it’s because drivers aren’t paying attention. While it’s true that distracted drivers are one reason that pedestrian deaths are on the rise, it’s not the only one. The IIHS stated that there are many reasons. Some, like distracted drivers, are obvious, but others are more nuanced.
The IIHS found that pedestrian deaths are worse in urban areas. Larger cities are dense, with more people and more cars. However, rural areas are experiencing increased pedestrian deaths due to a lack of infrastructure. Large metropolitan areas are often set up in a grid pattern. There are usually crosswalks and traffic lights at every block, making it easier and safer for pedestrians to cross. However, most suburban areas aren’t set up this way, and instead, force pedestrians to walk long distances without crosswalks or traffic lights. The long distance between crosswalks encourages pedestrians to walk across busy traffic areas, leading to more individuals getting hit by oncoming traffic.
This cause of pedestrian death was brought to national attention recently when an autonomous Uber vehicle hit a pedestrian crossing a four-lane roadway. The individual who was struck was crossing traffic in an area not designated for pedestrians. The incident also occurred at night, which brings up another issue mentioned by the IIHS. Many pedestrians are hit at night due to low visibility. The problem with visibility is two-fold. The first issue is the result of poorly lit roadways. Street lights help with visibility, but the infrastructure in most cities doesn’t include proper street lighting. The other issue with visibility involves vehicle headlights. The IIHS states that current vehicle headlights may blind pedestrians, and they don’t provide good visibility, especially at a distance.
The things we drive most destroy us.
In a situation in which a pedestrian is struck by a vehicle, the pedestrian is always at a disadvantage. However, being struck by a small economy car is much different than being struck by a crossover, SUV or truck. The way in which a vehicle impacts a pedestrian makes a big difference, as well. For instance, a small car may strike a pedestrian in the leg or the knees. A crossover, SUV or truck rides higher than a car, meaning the point of impact is also higher. So instead of being struck in the knee or leg, a pedestrian may be struck in the chest or head. An impact near your vital organs is more likely to result in a fatality. In 2018, we have more large vehicles on the road than at any other time in history.
In their report on pedestrian safety, the IIHS also mentioned increased speed as a major factor in pedestrian deaths. Speed limits nationally have increased. The IIHS suggests a way to decrease this issue is to decrease speeds. They also suggest increased use of speed cameras as a way to deter speeding. However, there is a lot of opposition to this proposal.
The general public isn’t aware of the increasing number of pedestrian deaths. The IIHS and many other outlets are working hard to make the public aware, since raising awareness is one of the best ways to tackle this problem. However, some auto manufacturers are taking things a step further. Manufacturers like Subaru are creating crash avoidance systems which can detect pedestrians. Many automakers are starting to design their vehicles to minimize pedestrian injuries. Some cars now come equipped with explosive charges at the base of the hood. If your car hits a pedestrian, the base of the hood will pop up to push the individual back up. Volvo is currently offering this on some new cars with this feature.
We need to be more careful on the road. Too many people are dying because of these accidents. If you want to know more about the services we offer, or if you’d like to sign up for a free consultation, give us a call today. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so we can contact you at a better time.
RV Tires May Be The Cause Of Accidents, Deaths
POSTED BY Jon Corra . May 16, 2018
Summer is just around the corner and, for millions of Americans, that means it’s time to go camping. While the traditional image of a camping trip involves a tent pitched under a starry sky, these days more and more people are opting for recreational vehicles. According to the Recreational Vehicle Industry Association, 8.9 million households in the United States own RVs. For many, RV travel is considered safe. However, recent reports show that a potentially deadly defect could be putting a lot of RV owners at risk.
It’s safe to assume many people don’t pay too much attention to tire brands. However, if you were playing a game like Family Feud, and you were asked to name a tire brand, you’d likely guess Goodyear due to their successful branding efforts for decades, including the familiar blimp that floats across the sky during sporting events every year. You may be surprised to learn this brand is the third largest tire manufacturer in the world, behind Michelin and Bridgestone. You may also be surprised to learn that Goodyear’s actions may have led to several accidental deaths.
The National Highway Traffic Safety Administration claims it has received allegations that defective Goodyear motorhome tires caused crashes that killed or injured 95 people over a decade. The allegations were revealed in an information-seeking letter sent to Goodyear by the National Highway Traffic Safety Administration. Last year, the agency began investigating whether Goodyear’s G159 tires are unsafe. The probe began after a judge ordered the release of Goodyear data that had been sealed under court orders and settlement agreements. Lawsuits and safety advocates allege the tires were designed for delivery trucks and not for recreational vehicles that travel at highway speeds. The NHTSA states that the investigation covers about 40,000 tires made from 1996 to 2003.
Several news outlets are now sharing this news. However, one automotive website has been sharing information about the possibly defective tire for months. Jalopnik is a non-traditional online automotive news and culture journal. According to the website, there have been more than 40 lawsuits filed against the tire manufacturer as a result of the defective tire. They go on to state that Goodyear has admitted in court to receiving over 98 death or injury claims due to the G159 tire.
Jalopnik journalists bring up a good question in their article: why wasn’t an investigation launched sooner? They claim that nearly every lawsuit involved a settlement with plaintiffs which prevented the sharing of documents and findings with other plaintiffs, citing an excerpt from the NHTSA which states:
“…the data produced in the litigation was sealed under protective orders and confidential settlement agreements, precluding claimants from submitting evidence to the NHTSA.”
Jalopnik also found that Goodyear believed the tires to be safe for RV use, stating they (Goodyear) believed the tread separation was the result of user error. Goodyear believed it could be the result of underinflating the tire and/or overloading the vehicle.
The NHTSA investigation is ongoing.
Product liability claims or personal injury are common, you can get assistance from Personal injury lawyer. If you’d like to know more about this type of claim, give us a call today. Our number is 1-877-526-3457. Or, fill out this form so we can contact you at a better time.
What Is My Personal Injury Claim Worth?
POSTED BY Jon Corra . May 02, 2018
When someone meets with our Personal Injury lawyers, they often want to know what is my personal injury claim worth? While many law firms like to advertise big settlements and share how they were able to get specific clients a certain amount of money, that’s not something our firm advertises.
The main reason is that we don’t want to give anyone false hope about their case and what is my personal injury claim worth. It’s not fair to tell someone they’ll get a $100,000 settlement when we haven’t evaluated their case. The amount you will receive depends upon a lot of different factors, including:
Medical Expenses: Medical expenses that result from your injuries will play an important part in your settlement. If you have an extended hospital stay or must have multiple surgeries, this will likely result in a higher settlement. It’s also important to document any type of physical therapy that may result from the injuries.
If your injury is serious enough, you may require future medical attention, too. Your settlement should reflect any future medical expenses that may occur.
Property Damage: In most cases, property damage usually refers to something like a car that was damaged in an accident. If the car was a total loss or suffered substantial damage, the settlement should reflect the amount of damage that occurred.
Lost wages: If you’re injured in a car accident, there is a good chance you’ll miss work because of injury. If you’re off work for an extended period of time, your settlement should reflect lost wages.
Pain and suffering: This is one of the categories that can be hard to quantify. The Pain and suffering refer to any emotional stress and pain that result from an accident. Pain and suffering may be minor, but in some cases, it can include depression, anger, and even PTSD. For instance, let’s say you’re an avid jogger, but someone hits your car. The resulting injury may make it difficult for you to do something you enjoy by continuing to jog. That is also an example of pain and suffering.
Punitive damages: Punitive damages can be difficult to understand if you don’t have a background in law. Essentially, punitive damages are meant to punish the offender. For instance, if a driver willingly drives recklessly, the court may assign punitive damages. To learn more about punitive damages, read our previous blog here.
There are a lot of factors that go into a settlement. The categories above reflect just a small part of what you may receive compensation for.
Any law firm can advertise large settlements, but we like to evaluate each case on an individual basis. It’s important to keep your expectations realistic, and it’s important to know that an insurance company isn’t likely to be on your side.
If you’d like to know more about what is my personal injury claim worth or what we can do to help, call today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so that we can call you at a better time.
Most SUV and Crossover Headlights Fail This New Test
POSTED BY Jon Corra . April 18, 2018
When you are in the process of purchasing your next vehicle, there’s a good chance safety will be a top priority in your selection. Modern cars are safe. They have crash avoidance systems, blind spot monitoring, and some cars even have autonomous features. However, a recent study by the Insurance Institute of Highway Safety found that one of the oldest features of our cars could be making them unsafe.
Every street-legal car must have headlights. Headlights have been a part of passenger cars for more than a century, yet many manufacturers failed a recent headlight evaluation performed by the IIHS. Nearly 40 crossover vehicles were evaluated by the IIHS, yet only two completed the test with a passing score. This may seem odd to anyone with even a basic knowledge of the automotive industry due to the technology and advancements that have been made in headlight manufacturing over the years. For instance, many cars are now available with LED lights that burn brighter and use less energy than traditional bulbs. Other cars have lights that rotate with the car’s steering wheels. So, the news that so many vehicles didn’t pass the test is surprising, to say the least.
Why did so many vehicles fail?
The IIHS is known for their tough automotive tests. The organization also finds new ways to evaluate cars. The IIHS evaluated the headlights in the following manner:
During the Institute’s evaluations, engineers measure how far light is projected from a vehicle’s low beams and high beams as the vehicle travels straight and on curves. Glare from oncoming vehicles is also measured from low beams in each scenario to make sure it isn’t excessive.
The IIHS also stated that a car can be configured many different ways depending on trim level. Some may assume that a high-end model will perform better than its base counterpart, but that was not the case with the Kia Sorento. The high-end SXL trim of the Kia Sorento can be equipped with cure adaptive headlights. However, the IIHS found that the headlights failed to illuminate well on a straight stretch as well as left turns and gradual right turns. For instance, the Sorento’s low-beam headlights only illuminate a distance of 148 feet. In contrast, the Volvo XC 60, which was one of only two vehicles to pass this test, can illuminate 315 feet in the same scenario. The other vehicle that passed the test was the Hyundai Santa-Fe which, ironically, has the same parent company as the Sorento, and the two vehicles share a common platform.
Why is this important?
When you test-drove your last car, did you test it at night, or did you drive it during the day? Chances are you did the latter. Most consumers don’t test the headlights when purchasing a car. Did you know approximately half of all fatal accidents occur at night?
Keep the two cars mentioned above in mind for this scenario: the Volvo illuminates twice as far as the Kia. So, if you’re driving down the interstate at night, the Volvo will illuminate an object in the road 150 feet sooner than the Kia. So, let’s say you’re approaching a disabled car which has suddenly stopped. In the Volvo, you’ll have twice as much time to avoid the car than you would in the KIA. If you can see something sooner, you can stop sooner.
Car safety is very important. However, you cannot control what other motorists do. If you’ve been hurt in an accident, call our Car accident or Personal injury lawyers team to discuss your options. There is no upfront cost for our consultation. Our toll-free number is 1-877-526-3457. If you’d rather be called at a specific time, fill out this form so that a member of our team can call you at a time that’s best for you.
What Happens If You’re Injured On A Cruise?
POSTED BY Jon Corra . April 11, 2018
Here in West Virginia, we’ve had a tough winter. Mother Nature showed no mercy when she hit the Mid-Ohio Valley. It’s safe to say we’re all looking forward to spring, and that it’s time to start planning those early year vacations. For many people, this means taking a cruise this spring.
Cruises can be a lot of fun, but they aren’t without incident. Many news stories over the past 5 years have detailed a lot of the more dramatic accidents that have occurred on cruise ships. While those large-scale disasters are rare, it’s important to know what you should do if you’re injured on a cruise this year.
Some people may worry that they can’t pursue legal action against a cruise line because of the disclaimer they sign when they purchase a ticket. However, a legal disclaimer isn’t going to prevent all legal action.
There is a difference between getting seasick on a cruise ship and receiving a physical injury due to negligence. Proving negligence is an important part of many personal injury claims, and the same is true when you’re injured on a cruise ship.
It’s important to keep the statute of limitations in mind when you’re injured on a cruise. Don’t put off filing a claim too long because it could hinder your case down the road.
There are some roadblocks while you are on a cruise because there is a good chance that you are far from home. Further, unless the injury is serious enough to require evacuation by helicopter, you’ll likely have to wait a while until the ship returns to port before you can do much.
However, the statute of limitations for most personal injury cases is two years. In cases against a cruise liner, you may only have one year to pursue a claim. The best advice is to pursue action as soon as possible. Additional advice:
Seek treatment. Most ships have some sort of medical staff on hand to treat passengers. It’s important to be treated as soon as possible. Treating on the ship is important, but so is treating once you’ve returned to land. If your port is far from your hometown, you may want to treat with a local facility and also follow up with your primary care physician.
Don’t forget to report the incident. This may be more difficult depending on the severity of the injury, but reporting the accident will help with your case. Failing to report the injury will likely work against you. A report will help prove where the injury occurred. If you don’t report it, the cruise line may argue that your injury occurred elsewhere.
Seek witnesses. Most people don’t go on cruises alone. However, if you do, or if your family is not around, you may want to try to find witnesses. You’ll want to get their contact information in case you need their testimony later.
Don’t settle. The cruise line may want to offer you a quick gift or a free cruise to keep you from pursuing legal action, but a severe injury is likely worth more than a free cruise. It may be tempting to accept the first offer, but it almost certainly won’t make up for years of pain and suffering.
Does it matter if the cruise line is owned by a foreign company? For the most part, this shouldn’t be an issue. However, every case is different, and it depends upon which country is the home base for the cruise company. Regardless, don’t let the foreign ownership keep you from pursuing a claim.
Cruises are a lot of fun, but they can be hazardous. Knowing what to do if you’re injured can prove beneficial. If you’ve been injured on a cruise, contact our Personal Injury Lawyer ,call us today for a free consultation at our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so that a member of our team can call you at a better time.
Bike Accidents In West Virginia : What to Do After the Crash
POSTED BY Jon Corra . February 27, 2018
Today, more and more people are taking to the streets. Fortunately, more and more cities are adding bike lanes to encourage this environmentally-friendly and heart-healthy means of getting from point A to B. Of course, if you’re a biker, you have to be on your guard, otherwise you get a victim of bike accidents in West Virginia
The good news is that most bicycle accidents do not involve cars. However, if you are hit by a car, it is so important to keep your wits about you as what you do in the immediate aftermath may have a big impact on how much you recover for your injuries and damage to your bike. It may also affect the outcome of any lawsuits resulting from the accident.
Wait for the Police to Arrive
It is vital that you wait for police to arrive at the accident scene so that they can take and file a police report – even if you think you are not injured.
Some cyclists don’t realize they’ve been injured until several hours after the accident. And sometimes seemingly minor injuries later develop into serious and permanent problems. If you leave the Bike Accidents In West Virginia scene, you may never be able to identify the at-fault driver.
Don’t attempt to negotiate with the driver. Many drivers initially apologize and accept blame, only to later deny their negligence or even deny they were present at the accident.
Instead, wait for the police to come so they can document everything in the police report. Another advantage of waiting for the police: They may ticket the driver, which may be useful in settling the case with the insurance company.
Get Your Version of Events into the Accident Report
Sometimes, the police officer will take a statement from the motorist and not bother to talk to the cyclist. Do everything you can to get your side of the story into the police report.
And by all means, report all of your injuries, no matter how minor. Remember, those minor injuries may later become more serious.
If despite your efforts, the police refuse to include your statement in the accident report, you can later have the report amended.
Obtain Driver and Witness Contact Information
If possible, get the name of the automobile driver, as well as his or her address, phone number, driver’s license number, vehicle license number, and insurance information.
In addition, try to get names and contact information for everyone who witnessed the accident. Don’t assume the police report will include all of this information — it might not. If you are injured and cannot get this information yourself, ask a bystander to do it for you.
Document What Happened
If you can, make mental notes about the accident: what happened; how it happened; where it occurred; when it occurred; and road, traffic, and weather conditions. Then, as soon as you are able, write all this information down.
Document Your Injuries
Seek immediate medical attention for your injuries, even if they are minor. The fact that you sought medical attention will serve as proof that you were injured, and medical records will document the extent of those injuries. Have several photos taken of your injuries as soon as possible after the accident. Start a journal of your physical symptoms and make entries every few days.
Leave your bike and other damaged property in the same state as after the accident – don’t attempt to fix anything or have anything inspected. Don’t wash your clothing. And don’t send your bike, helmet, or any other equipment to anyone other than your attorney. Take photos of your damaged equipment.
Seek Advice from a Professional
Many accidents between bikes and cars involve complex legal issues. If you have any question, please contact West Virginia Car accident lawyer Jan Dils, Attorneys at law for a free consultation.
Anything you say to the insurance company could be used against you later. Sometimes a letter from an attorney to the insurance company will resolve issues while avoiding legal pitfalls. In fact, most injury cases are settled without ever going to trial.
If the case warrants it, we can hire a bike accident expert to investigate the accident. That expert might obtain skid mark measurements, photograph the scene, speak with additional witnesses, or measure and diagram the accident scene. In summary, if you ride, know that Jan Dils is always on your side!
Semitrailer Underride Guard Test Results Show Concern for Motorists
POSTED BY Jon Corra . February 15, 2018
80,000 pounds. That is the maximum weight of a semi-truck in the United States. The weight of the average passenger car in the US? 3,000 to 4,000 pounds.
It is common knowledge that bad wrecks and fatalities can occur when a semi-truck hits a passenger car. But what happens when the tables are turned? What chance does a regular car have when it impacts a semi-truck? More specifically, what chance does it have if it hits the rear of the trailer portion or the side of the trailer?
In recent years the Insurance Institute for Highway Safety (IIHS) has asked these questions on a “semi” regular basis. Many are familiar with the IIHS from their appearances on the hit television series Dateline. They originally created stricter crash tests that went further than government regulations, starting with a frontal offset test. Now, they test everything from roof stability in rollover accidents to pre-collision warning systems. However, they are currently making waves with their testing of semi-trucks. The IIHS has dedicated a lot of time and money to something they call “Truck underride guard evaluations”. In other words, this group investigates what happens to cars when they impact the sides or rear of semi-trailers. The IIHS recently held their 2nd national meeting and conference on the dangers associated with Truck underride accidents.
[youtube url=”https://www.youtube.com/watch?v=mrL7AUMT4To” width=”500″ height=”380″]So why is the IIHS is putting so much effort into studying these accidents? One look at the crash tests will provide a frightening answer. Impacting the side or rear of a semi-trailer can be fatal, even for a car with an excellent safety rating. While every manufacturer is hedging their bets on crossovers and large trucks/SUVs, many Americans still buy cars. Traditional cars, like family sedans for instance, ride lower than a crossover or a truck. It’s easy for a car to become wedged under the trailer if it impacts the trailer from the side or rear. Depending on which trailer manufacturer is impacted, drivers can be decapitated. What the IIHS argues is that these deaths and injuries can be prevented by stronger or reinforced guards.
Currently, there are federal regulations in place for semi-trucks. The rear of every semi-trailer on the road has a guard on it to prevent a car from becoming pinned underneath. Some cars are safer than others, and the same holds true for trailer manufacturers. Some current trailer guards work very well. Others fail. Tragically, those failures can result in the loss of life.
Recently, the IIHS tested trailers from 8 different manufacturers. Each trailer was tested in scenarios mimicking a full impact, 50%, and 30% impacts. The results showed that many trailer manufacturers have made vast improvements over the past several years. However, a few manufacturers failed the test. Complete results can be found here.
Another area of concern: the sides of trailers do not have guards. Some have aftermarket materials in place to increase fuel mileage, but they do not prevent a car from being trapped. The IIHS is currently working on raising awareness for side trailer guards, as well.
Pre-collision safety systems are another issue with semi-trailers that warrants further discussion. Depending on where the pre-collision warning camera or radar sensor is placed on a car, it may not detect the side of a trailer. If this is the case, the self-braking feature will not activate. This is believed to be the cause of a highly publicized accident involving a Tesla Model S and a semi-truck last year. Regulations for side-guards on trailers could help pre-collision systems work more effectively.
There is good news to report, though. Since the IIHS started their public awareness campaigns, several manufacturers have adapted their rear guards to pass the IIHS standards. Events like the conference bring together individuals with organizations that share the common goal of reducing accidents related to under guards.
To learn more about how the legal team from Jan Dils Attorneys at Law can help after an accident, call today for a FREE consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form and a member of the team can contact you at a better time.
How Risky Is Peer-to-Peer Transportation?
POSTED BY Jon Corra . December 20, 2017
The relatively new industry of peer-to-peer transportation is in the midst of an incredible surge in popularity and shows no signs of slowing down. Services like Uber and Lyft seem unstoppable, with the former even showing some immunity to recent bad publicity. Despite several national headlines about incidents with drivers, Uber is bigger than ever. When someone enters an Uber, they’re likely concerned about making it to their destination, their star rating, and what they have planned for that evening. Chances are, they aren’t wondering if the driver has insurance.
The Uber website takes a laid-back approach to selecting drivers. Under the requirements section of the website, Uber states that drivers must be at least 21 years
of age, have at least one year of driving experience in the U.S. (3 years if you are under 23 years old,) have a valid U.S. driver’s license, and use an eligible 4-door vehicle. It’s not until one reviews the required documents that Uber states that a driver has to have proof of insurance. In other words, Uber does require drivers to have insurance to become one of their drivers. However, it does not specify the minimum amount of coverage. It’s possible that a driver may not have enough coverage to pay your medical bills if they wreck while you’re a passenger. Further, some insurance policies are void if the driver is engaged in “for-hire” driving.
What about Lyft? Honestly, they’re just as vague. Their site does not list minimum requirements for insurance. They are, however, thorough on the vehicle requirements. Lyft also appears to be stricter regarding who can become a driver. They check a driver’s background and driving history. Uber does this too, but they aren’t as strict according to many online resources.
Both Lyft and Uber offer supplemental insurance for their drivers while they are using the app. They offer up to $1,000,000 in third party liability coverage. The collision coverage from Uber carries a $1,000 deductible. There are also a lot of rules depending upon when the accident occurs. For instance, if a driver is on his or her way to pick up a passenger, they may not be covered the same as they are with a passenger.
Some drivers may also acquire commercial vehicle insurance to help supplement their coverage. However, there is a steep additional cost for this type of insurance. Most estimate that a driver will have to pay an additional $5,000 to $7,000 per year.
Ridesharing isn’t going anywhere anytime soon. It’s important for users to be aware of how they’re covered during a ride. If you’ve been injured while in a ride-sharing car, give us a call for a Free Consultation. Simply dial (304) 888-8888. If you can’t talk now, fill out this form so that a representative may call you at a better time.
What Everyone Needs To Know About Talcum Powder Lawsuits
POSTED BY Jon Corra . December 05, 2017
For over 130 years people have trusted the brand name, Johnson & Johnson. The company is actually a conglomerate of multiple companies, including many well-known brands like Aveeno and Neutrogena, which are among the most recognized in the skin care community. However, the most well-known product Johnson & Johnson produces is also one of their oldest: baby powder. In recent months, there’s been a lot of coverage of lawsuits against Johnson & Johnson and the fact that their baby powder has been linked as an alleged cause of ovarian cancer.
One of the first lawsuits against Johnson & Johnson based on baby powder emerged in 2009. Diane Berg, a woman from Sioux Falls, South Dakota, was diagnosed with ovarian cancer in 2006, when she was only 49 years old. She claimed to have used the powder every day for most of her life. According to the Huffington Post, the pharmaceutical company offered a $1.3 million settlement to Berg in 2013. She declined and was eventually awarded nothing in the way of monetary compensation. However, a South Dakota jury confirmed the association between talcum powder and ovarian cancer. Soon after, two St. Louis judges awarded two families $127 million in similar cases. The Huffington Post went on to report one of these two sentences found the “Big Pharma” company guilty of negligence, conspiracy, and failure to warn women of the increased cancer risk linked to the use of cosmetic talc in the genital area.
More recently, the New York Times reported the story of another ovarian cancer lawsuit involving Johnson & Johnson. Eva Echeverria, 63, of east Los Angeles, was recently awarded $417 million by a jury. Many cases that go to the jury are successful. However, not all of the cases are favorable. In March of 2017, a St. Louis jury rejected a Tennessee woman’s claim that Johnson & Johnson’s powder caused her ovarian cancer, and a New Jersey judge dismissed two talcum powder lawsuits against the company.
The American Cancer Society states that talcum powder comes from talc. In its natural form, talc contains asbestos. In response to the question “does talcum powder cause ovarian cancer?”, the American Cancer states the following:
Many studies in women have looked at the possible link between talcum powder and cancer of the ovary. Findings have been mixed, with some studies reporting a slightly increased risk and some reporting no increase. Many case-control studies have found a small increase in risk. But these types of studies can be biased because they often rely on a person’s memory of talc use many years earlier. Two prospective cohort studies, which would not have the same type of potential bias, have not found an increased risk.
For any individual woman, if there is an increased risk, the overall increase is likely to very be small. Still, talc is widely used in many products, so it is important to determine if the increased risk is real. Research in this area continues.
There are a lot of people offering opinions on this subject, and there are thousands of lawsuits pending currently. Cornstarch-based powder is often recommended as an alternative, as there is no current evidence that cornstarch-based powder causes cancer.
To learn more about this subject, or to set up a Free consultation, call the team from Jan Dils Attorneys at Law today. Our toll-free number is 1-977-526-3457. For individuals who’d rather receive a call at a later time, fill out this form now and we will return your call when it is convenient to you.