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The Great Train Wreck of 1918 remains the worst railroad accident in the history of the United States. Two trains belonging to the Nashville, Chattanooga and Saint Louis Railroad were travelling on the same track in opposite directions when the head on collision occurred. One of the trains was coming into downtown Nashville as the other was leaving when the accident happened and 101 people were killed. Human error was blamed for the collision as the Interstate Commerce Commission determined that the railroad company was at fault. The ICC also blamed the high casualty total on the wooden construction of the passenger cars involved, after that crash the cars were constructed of steel.

 

All of the other worst railroad accidents in terms of death toll occurred outside of the United States. More than 1700 people died in the worst rail disaster of all in Sri Lanka in 2004. A crowded commuter train travelling a coastal route the day after Christmas was washed away by a tsunami. There was a similar railroad accident with a huge loss of life in India. In 1981, a passenger train plunged off a bridge over the Bagmati River ending up in the water below. The official death toll was placed at 268 with another 300 missing but some accounts say the death toll topped 800. The death toll was also around 800 in the Modane train disaster in France in 1917. In that case, soldiers returning from World War I were killed when their overloaded troop train derailed going down a hill.

 

One of the most famous railroad accidents of all time involved a circus train in 1918 in Indiana. The Hagenbeck-Wallace circus train was stopped on tracks in Ivanhoe, Indiana when it was hit by a troop train. The operator of the troop train which was headed for Chicago had fallen asleep at the controls and never saw the circus train. The troop train was empty but the circus train was carrying 300 passengers and 86 of them were killed in the collision and fire that followed the crash. Newspaper accounts of the tragedy say crowds had gathered to welcome the circus to town and they quickly went to the crash scene to try and help the circus workers injured in the crash.

 

If you or your loved one are a victim of a railroad accident, contact an attorney who specializes in personal injury to discuss your claim.

This articles answers what are premise liability lawsuits and also discusses how to file one. How do you know if you have a premise liability case? Read on to learn more.

Head, neck and back injuries are the most common injuries resulting from auto accidents. Although these are the most common injuries, internal organs, upper and lower limbs are affected many times as well.

 

Traumatic brain injuries due to a car accident happen when the external force of the car traumatizes the brain. If someone suffers from a traumatic brain injury, this is a very serious injury. This type of injury may lead to a permanent impairment of the brain being able to function. Other times the impairment is only temporary. One may suffer from a bruise or bruises of the brain, nerve damage and/or skull fracture(s).

 

If you have been in a car accident you may have a CT scan and/or MRI scan to diagnose if you have a brain injury.

 

Symptoms include dizziness, lack of concentration, seizures, memory loss, headaches, depression and/or anxiety.

 

When in a car accident you may suffer from whip lash. When the soft tissues that include the nerves, ligaments and muscles are injured you experience whip lash. You will have neck pain and limited movement of your neck. Whip lash can be permanent or temporary.

 

To treat whip lash that lasts for more than a few days, your physician may give you medication as well as information and a prescription to a chiropractor or physical therapist.

 

Another type of injury that may occur due to a car accident is TMJ also known as the temporalmandibular joint. When in a car accident, the TMJ can be injured and cause problems with eating, chewing and speaking correctly.

 

Back injuries due to a car accident include the discs becoming injured. The discs have an outer area that is called the annulus. If the annulus is torn, one can experience a herniated disc. Many times a person with a herniated disc needs surgery. Other disc injuries in a back and neck include a slipped disc, bulged disc or ruptured disc.

 

Other discs that may be affected due to a car accident include the thoracic discs, mid-back discs and lumbar discs.

 

The symptoms of a back injury or spinal injury include paralysis, difficulty breathing, arm and/or leg weakness, tingling, numbness and an irregular bowel/bladder control.

 

One may need to have surgery on the back if the above occurs. The types of surgeries that may be done include a spinal fusion or remove disc material.

 

You will be given medication and if the pain does not subside, you may be given a prescription to a physical therapist or chiropractor.

 

If you have been injured in a car accident, contact an attorney who specializes in auto accidents and personal injury to discuss your claim.

Product liability is law that holds product makers responsible for the injuries caused by those products. This area of law applies to manufacturers, distributors, suppliers and retailers, among others.  In the United States most product liability claims involve negligence, breach of warranty, strict liability as well as different types of consumer protection claims. Product liability laws are usually written at the state level of government and therefore, tend to vary from state to state. There is no uniform law, or definition governing product liability.

 

The most common claims involve defective manufacture, defective design, and failure to warn the public about serious risk involved in using the product. This is sometimes referred to as marketing defects. Defective manufacturing takes place during the making of the product and more often than not it involves low quality material and lousy workmanship.  Design defects speak to the way the product is designed, usually with attention paid to inherent dangers that might occur during use. Flawed or defective marketing occurs when the public is not adequately warned about possible risk and dangers that could be averted, if the customer is first informed.

 

Another form of product liability is breach of warranty. A warranty breach happens in three ways, breach of an express warranty, breach of an implied warranty and breach of an implied warranty of fitness for a particular use. A good example of an express warranty is the manufacturer stating that his reciprocating saw is great for cutting up chicken. An implied warranty covers the common expectations of all products, in other words that the tool or product is not dangerous when used properly.

 

Allegations of negligence in product liability suits usually focus on the behavior of the manufacturer, while strict liability suits focus on the product itself. Under strict liability statutes the manufacturer is liable if the product is defective even though the manufacturer may not be negligent. The trouble with alleging negligence is that the plaintiff, of the person bringing suit has to prove the company's conduct was below standard. This means the court will look at the standards of the whole industry in order to determine what is below standard, and this may well mean that the plaintiff will lose his or her suit even if they were seriously injured during the use of the product in question.  Because, if the whole industry is below standard, but the company charged is in line with the low industry standard, then under the law it does not constitute negligence.

 

This burden of proof which has existed for several years, and is widely held to be weighted in favor of manufacturers has slowly been changed by the courts to grant more relief to the consumer, especially if the consumer was very seriously injured.  Consumer protection has grown stronger with states enacting statutes providing certain remedies for a variety of different product defects. Probably the best known consumer protection product liability laws are the lemon laws. Lemon laws primarily apply to new cars that were defective in manufacture. Car makers must now make good on these bad automobiles.

If you feel you have a product liability claim, contact an defective products lawyer who specializes in personal injury to discuss your options.

Nationwide, auto accident statistics can be staggering. Research by the National Highway Traffic Safety Administration or NHTSA, shows that in 2008 almost 6,000 people died due to a distracted driver. This research also showed that over 800,000 cars or trucks had a driver using a cell phone on the road on any given day. Reports for 2008 show that Americans are using their seat belts now more than ever before, with a total of 84% of Americans wearing them.

 

Research by the above mentioned entities shows that an estimated 25% of all police reported accidents are due to distraction. Distractions would include stereos, cell phone use and external stimuli. Research also shows that even using hands free cell phones cause enough of a distraction that drivers can miss cues that would normally make them aware to avoiding a crash. It is found also that between eating and using a cell phone as well as operating the CD player in a vehicle that using the CD player was more distracting than either of the other two activities.

 

Older Population

 

When it comes to the older generation of drivers, it has been seen that most of the traffic fatalities that involved older drivers happen in the day time on weekdays, and most always involved another vehicle. 79% occurred in daylight hours, 72% on weekdays and 71% with other cars. When an accident involved a young driver and an older driver, the older driver’s car is almost double likely to be the car struck. Even though many people believe older drivers to be unsafe, it appears based on research that younger drivers are less responsible and accountable for more accidents than the elderly.

 

For the elderly population, 60% of pedestrian fatalities were on roads not located at intersections. On average, older females are involved in more traffic accidents than elderly males. The percentage of elderly male fatalities in a car accident in those over 65 years of age is about 9%, and for females of the same age group the percentage sits at 13%. However, in pedestrian deaths, males over 65 years old were the cause of 13% of accidents and deaths, with women only being responsible for 8%.

 

If you have been injured in a auto accident, contact an attorney who specializes in personal injury to discuss your claim.

Vehicle defects can significantly increase the likelihood of being involved in an auto accident. Some of the most common vehicle-related defective products that can lead to auto accidents are reviewed below.

You may have heard about someone being sued over another person's injury and been confused about what circumstances can lead to a personal injury claim. A personal injury lawsuit can arise when a person is injured as a result of another person's actions or inactions.

A medical malpractice lawsuit may be warranted if you can prove negligence on the part of a medical professional. Negligence in medical malpractice claims relates to the normal standard of care - if you did not receive medical treatment that met the accepted standard of care, you may have a viable medical malpractice lawsuit.

Have you lost a loved one in a tragic accident and feel that they may have been a victim of someone's negligence? You may be able to file a wrongful death lawsuit on your loved one's behalf. Review the following frequently asked questions to learn more about your rights.

The best way to prevent injuries and deaths associated with boating accidents is to prevent such accidents in the first place. If, however, you do become involved in a boating accident, the answers to the following frequently asked questions will help you determine the best course of action.

The severity of car accidents can range from minor inconveniences to life-altering events. In many cases, an auto accident ends up being a minor fender bender with little or no damage to either vehicle and no bodily injury.

If you plan on taking a cruise vacation, it is important that you familiarize yourself with the best ways to stay safe while enjoying life on the seas. It is not uncommon for cruise ship passengers to become so interested in having a good time that they overlook important safety precautions.

The Jones Act is a maritime law that was passed by Congress to protect the rights of seaman. This act is designed to cover the legal dealings between ship owners and crewmembers in the event of a personal injury or wrongful death during the course of employment.

There are many different types of personal injury cases. Knowing the type of personal injury case you have will assist you and your legal counsel in knowing when the statute of limitations started and when it will end, as well as the type of claims you can make.