Motorcycle Madness Seizes the Nation

When a recession hits those who want to downsize their cars or give them up to save on gas, they usually opt to buy a motorbike. Not a bad idea, but with that choice comes an increased risk of serious personal injuries or even death.

In Georgia alone in 2008 there were over 390,000 motorcycles registered. That shouldn’t come as any great surprise in light of the state of the American economy. Gas prices are ridiculous and people are hunting for alternative methods to get to work and other places. In other words, they want a cheaper ride. On the other side of the fence, even though the ride is indeed a whole lot less expensive than owning a car, there are a lot of distracted (cell phone and texting) drivers out there. Add reckless drivers into the mix and this is a guaranteed recipe for disaster.

Know the laws of the state chosen to bike in, as every state does have different laws passed that are intended to help protect vehicle drivers and motorcyclists. In most states the law reads that bikers have many of the same rights and duties as other vehicles on the road.

Some of the laws aimed at protecting people include protective equipment use where the biker is required to use protective headgear and eyewear, unless they are over 21 years old, have had a license for two years, and have completed a safety course. What difference the age of the rider makes when it comes to wearing safety helmets and eye protection is a bit baffling, since older riders are at risk for accidents as well, but this is one of the reasons you need to know the law.

The laws for lane use for motorbikes are the same as those for cars. In other words they may use the whole lane and must not pass a vehicle using the same lane as the car being overtaken. What is different is that motorbikes are allowed to drive two abreast in a single lane of traffic for added safety.

Headphones and earphones are not allowed unless it is a hearing aid or a single cell phone earpiece. Any passengers may only ride on a permanently attached seat on the motorcycle and the biker may not carry anything that would interfere with the bike’s safe operation. In many states as well any bikes built after 1982 must have lighted headlamps on at all times and when it comes to insurance, all bikes are required to have liability insurance to deal with any injuries or property damage sustained by another person in a crash. Interestingly, in some states bikers aren’t mandated to carry medical insurance to cover their own personal injuries.

If faced with a motorcycle accident, speak to an experienced personal injury attorney to answer any questions that have come up and discuss legal options.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Gas Nozzle Accidents May Be Negligence

If you’ve ever been totally soaked by gas while filling up your vehicle because the hose separated from the nozzle, you may have cause to file a personal injury claim.

Getting gasoline all over yourself including in your eyes and all over your face, not to mention your clothes, is an upsetting experience. It may also be one that causes serious harm unless you get help immediately. Depending on the circumstances of the gas splash, you may have grounds to file a personal injury claim against the gas station for having a defective gas nozzle. If you do find yourself in a position like this, make sure you speak to a skilled personal injury lawyer for advice.

Let’s say there was no emergency eyewash station or other solution on hand at the gas station and the painful experience of having gas in your eyes was only alleviated by using the washroom and washing it out with water. Let’s also say that the hose was very clearly defective and that the management of the gas station knew or should have known the hose was in such a bad state – bad enough that they would have reasonably expected your type of accident could and would happen.

Let’s further posit that there was no damage to your vehicle because you immediately washed it after the incident and it was fine. Now, depending on which state you happen to be in, negligence law may be different. This is one of the major reasons to consult with an experienced personal injury attorney for assistance. Knowing your rights is the first thing you need to do for yourself.

This type of an accident is not common, and assuming the hose was indeed “clearly” defective and that may be proven, then you will, as mentioned above, need to prove the station owner did know about the problem, or should have known about it. Nozzles don’t have a habit of separating from the hoses, so it’s likely the owner should have known about the problem, have seen it or had it mentioned to him or her by other patrons filling their vehicles.

The other argument in your favor would be the fact that the standard of care or maintenance at a service station would seem to dictate that the hoses be checked for faults on a regular basis. Given those factors, you may be entitled to some form of compensation depending on the severity of your injuries.

If they are not that serious, you may not get a lot of money in return. Many personal injury cases are expediently evaluated on the basis of the degree of liability the station owner has, the exact nature of the injury, the type and amount of medical bills you may have incurred now, and perhaps in the future and any pain and suffering you struggle with now and in the future. In addition, you may be able to claim lost wages now and in the future.

Based on the fact that there were no serious injuries but there was severe pain from gas in your eyes, you may have a claim for the pain, stress and inconvenience as a result of the nozzle separating from the hose and dousing you with gas. Contact an attorney as soon as you can and make sure that the attorney not only handles personal injury claims, but premises liability. You never know, this kind of thing might have happened at the same gas station before and this would be good for your case. If the facts of your case merit a lawsuit, your attorney will begin to preserve evidence, examine maintenance records, get photographs and determine what kind of liability insurance the station has. Don’t delay contacting an attorney, as time is of the essence.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Premises Liability Applies in Public Places

It’s the law that property owners must take every reasonable precaution to make sure there are no serious hazards that would harm or kill anyone coming on the property.

Premises liability applies to personal and commercial property and any owner or manager looking after property is legally bound to make sure the premises are safe for the public. If the property is poorly maintained and an injury, illness or death happens as a result of being on another person’s property, the plaintiff may be awarded compensation by the courts against the negligent property owner.

It doesn’t matter what kind of property is being discussed, although some properties are inherently more hazardous than others, e.g. industrial sites with power tools, toxic chemicals and heavy machinery. Commercial locations such as stores have high pedestrian traffic and anything may happen in a crowded store; for instance, items falling from shelves or items on display in the patio furniture department falling apart when someone sits on it.

While your home may very well be your castle it is also a place that must be safe for visitors. Other locations that people have a reasonable expectation that they will be safe are airports. Witness a recent case where a passenger was walking through O’Hare airport and slipped and fell as the result of an oily substance on the floor. The passenger sustained a broken kneecap and was unable to work for a long period of time. The settlement in that particular case was $800,000 for her injuries and damages. It was alleged in that case that the management of the airport should have known about the oily substance on the floor, as there was a high likelihood of spills of that nature happening in an airport.

Every case and accident is unique which means that in every case the circumstances of that particular case play a huge role in what the eventual outcome may be. A good example of this may be an injured construction worker who took a fall at the mall, slipping on spilled coffee, will have different needs to resolve his case than an office worker in the same situation.

While a slip and fall injury may be just around the corner in a lot of people’s lives, there are certain fairly common instances where premises liability comes into play. They include a porch collapse, stair collapse, elevator and escalator injuries, fires, swimming pool injuries, lead paint poisoning and mercury poisoning, and what is considered to be a “typical” garden variety slip and fall such as a wet spot on the floor in the vegetable section of a store.

Generally speaking, if there is existing case law for an accident a person has, this will assist the premises liability attorney in recovering any damages due to the victim for medical care, suffering, pain and other incidental damages.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.