El Dorado Personal Injury Lawyer - All Topics

Nautilus Exercise Units Recalled

Chrissie Cole — Sat, 15 Aug 2009 11:24:00 GMT

Nautilus Inc., announced a voluntary recall of 400 Nautilus F3 Chin Dip Stationary Exercise Units because the footpads can break, posing a fall hazard to users.

The recalled products were manufactured by Land America Health and Fitness Co., of China.

To this date, there have been no reports of injury associated with the recalled products. The model number can be located on the frame of the unit.

Nautilus FC Chin Dip Stationary exercise units, with model number F3CD are included in the recall.

To prevent injury, consumers should stop using the recalled exercise units.

Consumer Information: Contact Nautilus at (800) 935-7313 between 8 a.m. to 5 p.m. PT Monday through Friday or visit www.nautilus.com

Originally posted at InjuryBoard by Chrissie Cole

Primary Seat-Belt Law Approved In Arkansas

Chrissie Cole — Wed, 25 Feb 2009 11:06:00 GMT

The Arkansas House voted 60-31 on Wednesday in favor of a bill that would make seat-belt violations a primary offense.

Arkansas, like Missouri, now has a secondary seat-belt law, which means officers are able to issue citations for the violation only after stopping the vehicle for another reason. There are 26 states that currently have primary seat-belt laws, according to the National Highway Traffic Safety Administration (NHTSA).

Under the bill, by Sen. Hank Wilkins IV, (D-Pine Bluff) violators will be subject to a $25 fine. But it won’t be reflected on their driving record. Wilkins says the change will save lives and make Arkansas eligible for $9.5 million in federal funding.

A spokesman has said the governor will sign the bill.

Originally posted at InjuryBoard by Chrissie Cole

Important Information For Trucking Accident Victims

Frank Bailey — Mon, 28 Jul 2008 14:24:03 GMT

Trucking companies are dividing every department into a separate company to avoid liability. There is a separate company that qualifies drivers, a separate company that monitors logs, a separate company that leases the tractors and trailers, and a separate company that leases drivers…all done to avoid liability.

It is good to know this because often there is not enough insurance to pay for all the damages a negligent trucking company causes. Take a look at some of the damage big trucks cause.

If an attorney can show the separate corporations were intended to shield the parent company from liability, then attorneys for the injured victim can pierce the corporate veil and expose the assets of the parent company to pay for the harm.

In today’s world of GPS navigation and onboard computers, trucking cases involve hours of tedious discovery to show the trucking company and its driver were negligent.

If log books and tracking device information are missing, as is often the case, a judge can allow the jury to receive spoliation instructions, to infer the evidence would have been detrimental to the defendant trucking company had it been presented to the jury.

If you have been injured in a trucking accident, the most important thing you can do is to get well. The second most important thing you can do is to contact an attorney who is willing to work on a contingent fee and is experienced in trucking accidents. InjuryBoard.com has attorneys nationwide who are willing to speak to you at no charge and advise you of your rights.

Originally posted at InjuryBoard by Frank Bailey

What Is A Lawsuit

Frank Bailey — Sun, 13 Jul 2008 16:19:46 GMT

So far as I know, the United States is the only country in the world that allows a jury of peers to determine our rights when we are wronged. In olden days, it was an eye for an eye, or a tooth for a tooth. If someone crossed onto your land and broke your arm, you had a right to go onto their land and break their arm. That was not a civilized way to settle matters.

In our country we have a system of money damages. If a wrongdoer harms you, you have a right to present your case to a jury, a jury of 12 men and women. The jury hears the evidence and decides what an appropriate remedy for the harm you incurred is. And that makes sense.

That is what we call a lawsuit. It is a civil way to determine genuine disputes.

Lawsuits are under attack by big corporations and insurance companies, because lawsuits even the playing field. Big corporations and insurance companies have to answer to the jury’s verdict no matter how big they are. That is what big corporations and insurance companies hate about our jury system of justice. They can’t do whatever they want, they have to follow the law, and a lawsuit is what makes big corporations and insurance companies follow the law.

If you have suffered harm at the hands of a wrongdoer, a lawsuit is a means to compensate you for the harms you endured. It is one of the basic principals our country was founded upon. If someone says lawsuits are ruining our country, ask them what they would do if they lost their home and the insurance company failed to pay…or if a drug company made a drug that killed their child…You might be surprised…they would be the first one to the courthouse.

Originally posted at InjuryBoard by Frank Bailey

Basic Car Insurance Information

Frank Bailey — Sun, 06 Jul 2008 09:07:39 GMT

Car insurance is complicated. Attorneys don’t always understand policies that are filled with fine print. How can consumers be expected to understand what kind of insurance they are buying. This article is intended to offer some basic understanding of a car insurance policy.

Liability insurance provides money to cover damages you cause to other people or their property due to your negligence. The laws of most states require that every driver have this coverage. The problems come when the policy has minimum limits. In Arkansas that is $25,000 per person and $50,000 per accident. In many, if not most accidents, this is not enough to cover all injuries with today’s rising cost of medical care.

Consumers can purchase higher limits for a minimum amount. Some insurance companies or agents do not disclose this because the additional coverage means the insurance company will possibly have to pay more money out if you are the cause of a serious injury. If you only have minimum limits, the company is protected. It only has to pay the minimum limits, and you may be on the hook for the rest.

We recommend to all our clients that the safe thing to do is to have higher limits even if it costs a little more. What are higher limits? $100,000\300,000 is a good place to start. It doesn’t cost that much more, and will cover all but the most serious of accidents.

Originally posted at InjuryBoard by Frank Bailey

Why Uninsured or Under-insured Motorist Coverage is Necessary

Drew Dixon — Mon, 23 Jun 2008 16:59:42 GMT

With the cost of treatments for many injuries rising, people involved in accidents do not always have enough insurance to pay their bills after an accident. Almost every state requires a driver carry some liability insurance, but the sad truth is that not everyone does and chances are the ones that do are under-insured. It is estimated that the uninsured motorist population in the U.S. has grown to more than 15%. In fact, in some states such as California it is estimated that as many as one third of drivers do not carry insurance.

What that means is that nearly one out of every eight serious accidents in the U.S. is caused by an uninsured driver. And when an accident is caused by an uninsured driver, the victim may have to rely on their health insurance through work to pay their medical bills. And more often than not the victims lost wages and property damage go unpaid and uncollected.

A solution to this growing problem is the added insurance coverage for "uninsured" and "under-insured" motorists. When you select this on your policy you are covered when the tortfeasor either does not have insurance at all or doesn't carry enough to pay your medical expenses. With this in mind I would recommend that you contact your insurance provider and add both "uninsured" and "under-insured" motorist coverage because you never know when you might be in an accident.

Image source: Wikimedia commons

Originally posted at InjuryBoard by Drew Dixon

Abuse Ignores Age

Drew Dixon — Wed, 11 Jun 2008 17:32:19 GMT

Elder abuse is often defined as a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.[1] In 2006 the United Nations designated June 15th as World Elder Abuse Awareness Day (WEAAD) and each year an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse.

According to statistics released by the NCEA, more than 30 percent of all nursing homes in the United States have been involved in some form of resident abuse. Furthermore, more than 50 percent of the nursing homes in the United States are understaffed.

With the age of the population ever increasing, more people find themselves requiring the assistance of these facilities. In fact, it is estimated that the demand for beds will far exceed the supply by the year 2010.

Most people believe that nursing home abuse comes at the hands of staff members. However, many instances of abuse come from other residents or occupants. Thus, it is hard to make an exact definition of nursing home abuse because no two cases are the same. Nursing home abuse may be in the form of physical abuse, sexual abuse, financial exploitation, malnutrition, and neglect.

An increasing area of elder abuse stems from self-neglect. Self-neglect is a condition in which an individual neglects to attend to their basic needs, such as personal hygiene, appropriate clothing, feeding, or tending to their medical needs.[2]

For more information on elder abuse and events being held in your area check out http://www.inpea.net/weaad.html.

[1] Action on Elder Abuse, accessed June 11, 2008.

[2] Pathways Courses-Out of the Shadows, accessed June 11, 2008

Originally posted at InjuryBoard by Drew Dixon

Cell Phones and Driving is Deadly

Frank Bailey — Mon, 02 Jun 2008 14:37:34 GMT

Evidence continues to mount that talking on a cell phone while driving is deadly.

Friday’s edition of the Baxter Bulletin carried a story about the driver of a trolley who was killed when the trolley she was driving struck the rear of a parked train. Passengers saw the driver talking on a cell phone moments before the collision.

How many people have to lose their lives before something is done about this dangerous practice?

We know of studies and studies that show talking on a cell phone while driving is just as dangerous as driving drunk. In our courts we are entitled to punitive damages if we are injured by a drunk driver. Shouldn’t we also be entitled to punitive damages if we are hit by a driver talking on a cell phone?

Originally posted at InjuryBoard by Frank Bailey

IME And The "Fake Bad Scale"

Frank Bailey — Tue, 27 May 2008 09:06:57 GMT

Have you been injured and forced to undergo an examination by the defendant’s doctor (IME)? More and more we hear about the “Fake Bad Scale” being used by doctors to discredit legitimately injured people.

The test consists of a series of 43 true/false questions about pain symptoms. Some of the questions are, “Much of the time my head seems to hurt all over.” Other questions are, “I feel tired a good deal of the time,” or “I am not feeling much pressure or stress these days.”

Each positive answer counts against you. If you are truly injured and have symptoms the test tends to indicate you are malingering. A score of 23 is considered “suspicious.” If you answer in the negative, that means you aren't injured, so with this test, you can't win.

There is a great deal of diverse opinions about the validity of the test in the scientific community. It makes sense to me, that if you have a true brain injury, the test will show that you are a malingerer because you will have the symptoms that count against you.

The test was made up by a defense expert and is opposed by the American Psychological Association. I will be watching decisions from other jurisdictions to see how courts handle this new defense tool.

Originally posted at InjuryBoard by Frank Bailey

Is It Time For "Smart Cars"?

Frank Bailey — Mon, 26 May 2008 07:09:07 GMT

With gas prices almost doubled, consumers are looking for much needed relief. Maybe “Smart Cars” are the answer, but is it too soon? Every day we drive to work, to the store, or over to our friend’s house and we see these huge trucks on our highways.

I think the way to deal with the gas crisis is to drive smaller more efficient cars, but not to drive smaller cars until something is done about the huge trucks on our highways. Have you ever pulled up beside an eighteen-wheeler and just looked at the size of their tires? You can read the size of the tire out your window…What would happen if that truck hit you?

Our accident construction expert has always stressed that, “mass is important.” When you put a “Smart Car” up against an eighteen-wheeler, you don’t need to be a rocket scientist to figure out who wins. That is why truckers are held to high standards.

Now, it is about time the NHTSA did something about the diverse size of vehicles on our highways and protected consumers. Trial lawyers every day are working hard to increase safety on our highways. You can help these trial lawyers by contacting your Senators and Representatives and telling them it is time to take action to protect consumers.

Originally posted at InjuryBoard by Frank Bailey