Spring Means Motorcycle Weather – But Be Careful
Thursday, June 6th, 2013
By Jason R.L. Major – Concord New Hampshire Attorney
It’s finally starting to feel like spring in New Hampshire. The days are getting longer and temperatures are getting warmer. For a lot of us that means more opportunities for driving, and the opportunity to motorcycles.
Unfortunately, accidents involving motorcycles have been happening with more frequency in recent years. Being on a motorcycle is a more involving, and often more fun, way of seeing what our scenic state has to offer. However, that open air motoring has the obvious downside of making a rider more exposed, and therefore more vulnerable in any kind of accident. Even a “small” accident on a motorcycle frequently leads to serious injuries, including broken bones, skin lacerations (“road rash”) and head injuries. Therefore, motorcyclists must be even more attentive and aware of what is necessary to protect their safety and the safety of others.
The following are some quick tips borrowed from the Motorcycle Safety Foundation for Riding a Motorcycle Safely:
I. Be Visible – You’re much less likely to be hit if other drivers know where you are.
• Motorists often have trouble seeing motorcycles and reacting in time.
• Be aware of the blind spots cars and trucks have.
• If a motorist doesn’t see you, don’t be afraid to use your horn.
II. Dress for Safety – Experienced riders will tell you to “dress for the crash, not the ride!”
• Wear a quality helmet and eye protection.
• Choose long sleeves and pants (preferably leather), over-the-ankle boots and gloves.
• Remember – the only thing between you and the road is your protective gear.
III. Apply Effective Mental Strategies – Hope for the best but assume the worst of other drivers and road conditions.
• Give other motorists space and time to respond to you.
• Watch for turning vehicles.
• Avoid weaving between lanes.
• Know and follow the rules of the road.
IV. Know your bike and how to use it.
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• Get formal training and take refresher courses. The New Hampshire Department of Safety can provide information on courses available.
• Practice using your motorcycle before going into heavy traffic and be familiar with traveling on wet or sandy roads, high winds and uneven surfaces.
The attorneys at Douglas, Leonard & Garvey, P.C. have a lot of experience with motorcycle accidents. If you have been the victim of a motorcycle accident, you should consult an experienced personal injury lawyer such as one at Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form for a free case evaluation.
Texting and Driving – A Deadly Combination
Monday, May 20th, 2013
By Jason R.L. Major – Concord, New Hampshire Attorney
With the ever-increasing proliferation of electronic communications devices, “texting” or SMS messaging, has become as common a means of communicating as telephones and emails. The usefulness of sending short, discrete messages in text form, combined with our on-the-go lifestyles, makes it tempting to try texting while you’re driving your vehicle. However, doing so is incredibly dangerous.
It is not hard to understand the danger with a little simple math. At just 50 mph, your car will cover 73 feet every second. A three second text message saying something as simple as “OK” will require you to travel 220 feet – more than 2/3 of a football field – with you eyes off the road. At 70 mph, you would travel over 300 feet to type the same simple text. More complicated messages could have you covering great distances with your eyes only intermittently on the road, and even then distracted by your thoughts about what you want to read or type on your phone.
This distraction and inattention to the dangerous task of guiding a two-ton missile down the road will predictably lead to serious accidents. TEXTINGNDRIVING.COM reports that 80% of crashes, and 65% of “near crashes” involve some form of driver inattention in the 3 seconds prior to the incident. According to DISTRACTION.GOV, the official US Government website publishing statistics on distracted driving, 3,331 people were killed and 387,000 people were injured in crashes involving a distracted driver in 2011. That number was an increase from the 2010 figure of 3,267 people being killed. It also reports that texting while driving increases your risk of being in an accident by 23 times compared to non-distracted driving.
Because of the increasing number of and severity of accidents involving texting while driving, the State of New Hampshire is joining other states in prohibiting texting while driving by enacting RSA 265:105-a:
RSA 265:105-a Prohibited Text Messages and Device Usage While Operating a Motor Vehicle
I. A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation. A person does not write a text message when he or she reads, selects or enters a phone number or name in a wireless communications device for the purpose of making a phone call.
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In addition to a $100 fine for texting and driving, in the event a driver causes an accident while texting and driving he or she is at risk of being held “negligent per se.” Whenever someone causes another injury by violating a safety-based statutory standard like RSA 265:105-a, a jury is entitled to “presume” that they engaged in negligent conduct. That means that if you are the defendant who was texting and driving, you already have a strike against your ability to defend yourself from a finding of liability. If you are a plaintiff, it means that one element of your negligence case is all but proven right out of the gate, which puts you in a stronger position in a personal injury case.
The attorneys at Douglas, Leonard & Garvey, P.C. are well-versed in experienced auto accident cases. You should consult an experienced personal injury lawyer such as one at Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form for a free case evaluation.
Surgical Mistakes are Commonplace
Monday, January 7th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A recent study suggests that dangerous medical errors happen more frequently than you might care to believe. Researchers reporting their findings online in the journal Surgery note that “never events” occur frequently.
In the medical community, the so-called “never event” refers to certain medical mistakes that should never occur. These mistakes include leaving an instrument inside a patient, operating on the wrong body part or performing the wrong procedure. While some type of mistakes in health care are considered not preventable, these “never events” are preventable.
The study’s findings are based on research covering 1990-2010. It is estimated that a surgeon in the United States left a foreign object (such as a sponge) inside a patient 39 times a week, performed the wrong procedure on a patient 20 times a week and operated on the wrong body part 20 times a week.
When you undergo a surgery, you expect it to go smoothly. Most times it does. Based on the study, patients receiving the wrong procedure had the highest odds of death or injury and younger patients had a better chance of surviving a “never event” than those over the age of 60. Patients between the ages of 40 and 49 had the most “never events.”
If you believe you are the victim of medical malpractice, you should consult a medical malpractice attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Caps on Medical Malpractice Damages – Not in New Hampshire
Monday, January 7th, 2013
By C. Kevin Leonard – New Hampshire Medical Malpractice Attorney
With the problem of rising health care costs, in the news over the past couple of years are efforts in certain states to impose caps on the amount of damages a medical malpractice victim can recover. Those in favor of such caps argue that the limitation will help with health care costs. There are published studies that reveal such a claim is not supported.
While caps have been passed in other states, the New Hampshire Supreme Court rejected imposing such caps over 30 years ago in response to the New Hampshire Legislature’s law to limit the amount of damages recoverable for non-economic loss (pain and suffering) to $250,000.
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In 1979, Carsen v. Maurer, the New Hampshire Supreme Court ruled that the cap was unconstitutional. In Carsen v. Mauer, the Court noted such a law treated victims of medical negligence different from victims of other kinds of negligence by restricting the damages they may recover for their injuries.
If you believe you have been the victim of a personal injury or medical malpractice, you should consult an experienced medical malpractice lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Getting Your Medical Records – Know Your Rights
Thursday, January 3rd, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A patient is entitled to a copy of his or her medical record but not the original. The New Hampshire Board of Medicine requires that a physician maintain the original record.
State law, RSA 332-I, allows patients to obtain a copy of their medical records for a limited charge. RSA 332-I states the following:
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Medical Records. — All medical information contained in the medical records in the possession of any health care provider shall be deemed to be the property of the patient. The patient shall be entitled to a copy of such records upon request. The charge for the copying of a patient’s medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater; provided that copies of filed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost.
You are entitled to get a copy of your medical records even if you still owe your doctor money. The Board’s rules, Med 501.02, also address a patient getting copies of their medical records.
If you have been injured in a personal injury or medical malpractice, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
TWO HOSPITALIZED IN CAR CRASH
Monday, December 17th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Two men were seriously injured when their car slammed into a telephone pole and rolled over several times.
The driver suffered severe injuries and needed to be airlifted by DHART to Dartmouth-Hitchcock Medical Center in Lebanon. The passenger was thrown from the car during the accident and was taken to the Lebanon hospital. According to reports, both excessive speed and alcohol were contributing factors in the crash.
Wednesday, December 12th, 2012
Injuries suffered in a car accident or other personal injuries can change your life physically, emotionally and financially. Dealing with the aftermath can be challenging – dealing with medical treatment and bills, doctor’s appointments, calls from insurance companies and lost wages from missed time from work.
If you have been the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
SCHOOL BUS REAR-ENDS CAR STOPPED AT RED LIGHT
Wednesday, December 12th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Recently, a woman and her teenage daughter were transported to the hospital after their car was rear-ended by a school bus in Manchester, New Hampshire.
None of the children on the bus were injured. But the driver and passenger in the car complained of neck and back injuries and were taken to the hospital.
Wednesday, December 5th, 2012
Rear-end collisions are a frequent type of car accident in New Hampshire. These accidents happen even when, like the bus driver in this case, drivers are supposed to be paying attention and on the look-out. Like the victims in this accident, they were not at fault but now are injured and require medical treatment. This means they will also have medical bills and maybe lost wages.
Insurance companies hire adjusters and lawyers to protect them so it is important for accident victims to protect their rights. If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced personal injury attorney to help you. You should consult one of the car accident lawyers at Douglas, Leonard & Garvey, P.C. by calling us at 1-800-240-1988 or fill out our online contact form.
5 MYTHS ABOUT PERSONAL INJURY LAWSUITS
Wednesday, December 5th, 2012
By Richard J. Lehmann – New Hampshire Personal Injury Lawyer
MYTH #1: Courts are clogged with too many personal injury lawsuits.
FACT: Personal injury lawsuits have been on the decline for decades. According to the National Center for State Courts (NCSC), tort cases declined by 25 percent between 1999 and 2008. (National Center for State Courts)
MYTH #2: Winning a lawsuit is like winning the lottery.
FACT: Most lawsuits result in relatively small verdicts. According to the Department of Justice’s Bureau of Justice Statistics (BJS), the median award is just $31,000 and award sizes have actually decreased over the years. (Bureau of Justice Statistics)
MYTH #3: Corporations are hit with excessive punitive damage awards.
FACT: According to the BJS, punitive damages were sought in just five percent of all tort trials where plaintiffs won. In New Hampshire, punitive damages are not allowed.
MYTH #4: There is an increase in medical malpractice lawsuits against doctors.
FACT: The number of malpractice payments to have dropped over the last 10 years. According to the NCSC, medical malpractice cases represent well under 2 percent of all civil cases. (National Practitioner Data Bank; National Center for State Courts)
MYTH #5: Most medical malpractice cases are frivolous.
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FACT: Medical malpractice cases tend to involve severe injuries. For instance, medical malpractice cases involve the death of the patient. Researchers have found few claims that were without merit. Most negligence claims were meritorious, with 97 percent of claims involving medical injury and 80 percent involving physical injuries resulting in major disability or death. Because these cases are very expensive to bring, it is hard to find medical malpractice cases that are without merit. (National Center for State Courts; New England Journal of Medicine; Los Angeles Times)
If you have suffered a personal injury, you should consult an experienced personal injury lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
MAN SERIOUSLY HURT IN LONDONDERRY CRASH
Monday, November 19th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A three-car collision in Londonderry, N.H. left one driver seriously injured. Because of serious head injuries, the driver was flown to Boston for medical treatment.
While the cause of the accident is under investigation, this accident highlights how car accidents can change someone’s life forever. Recovering from injuries suffered in a car accident may take months to heal or be permanent, which causes physical pain and suffering along with financial stress from medical bills and lost wages from missed work.
If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced personal injury attorney to help you. Insurance companies have experienced adjusters or lawyers representing them. You should consult one of the car accident lawyers at Douglas, Leonard & Garvey, P.C. by calling us at 1-800-240-1988 or fill out our online contact form.
GETTING YOUR FACEBOOK ACCOUNT IN A CAR ACCIDENT CASE
Thursday, November 8th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Recently, a New York court limited a defendant’s access to an injured party’s social media accounts and postings. In Kregg v. Maldonado, the Appellate Division, Fourth Department, the defendant requested all social media accounts used or maintained by the plaintiff, who was involved in a motorcycle accident.
The defendant sought the “entire contents” from the plaintiff’s Facebook and MySpace accounts and any internet postings made in connection with those accounts. The plaintiff objected on the grounds of relevancy and stated that the request for the records was a “fishing expedition.”
The Court ruled that the defendant’s request was overbroad. In this case, there was no issue that any information in the social media accounts contradicted the plaintiff’s claims for damages. Instead, the Court held that the defendant needed to narrowly tailor its request to social media information that relates to the claimed injuries from the accident.
We have warned in many blogs on our website that defendants in personal injury cases demand access to a party’s social media accounts. This case, while correctly decided in my opinion, is another warning that anything you write or post on the internet may be discoverable in your case – and used against you.
Fighting for your rights in a New Hampshire car accident case takes an experienced lawyer. If you or someone close to you has been injured, please call Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out on online contact form.
