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Brennan & Kavouklis, P.A. Newsletter Archive |
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SPRING 2005 ISSUE
MOTORCYCLE CRASHES CAN BE DEADLY
Brennan & Kavouklis, P.A. Injury
Law Alert Newsletter
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The vision of driving down a country road with the wind in
your hair atop a large motorcycle is an attractive one for many
people, and the number of motorcycles on America's highways is
growing. Although motorcycles share the road with cars and trucks,
collisions involving a motorcycle are different and often more
serious than automobile accidents.
Collision Prone
Motorcycles (on average) are involved in more collisions than
other vehicles. In addition to all of the usual things that cause
accidents (speeding, bad weather, driving under the influence),
motorcyclists face certain other hazards. Motorcycles are smaller
than cars and trucks and they are sometimes harder to see. In
over half of the cases studied, the drivers of cars involved
in a collision with a motorcycle said that they did not see the
motorcyclist coming. The smaller size of a motorcycle also makes
it more vulnerable to road hazards. And, because motorcycles
are more maneuverable than cars, they are sometimes put into
unsafe positions.
Motorcyclists are also much more likely to be injured or killed
in an accident than someone riding in a car or truck. According
to the National Transportation Safety Board, a motorcycle rider
is 18 times more likely to die in a collision than someone in
a car. Motorcycle riders also are far more likely to suffer serious
injuries in a collision.
Head Injuries
A common kind of serious injury associated with motorcycle
accidents is a head injury. Because a motorcyclist is often thrown
off of the bike in a collision, traumatic brain injuries are
10 times more common in motorcycle accidents than in other vehicle
accidents. Studies have shown that the best way to prevent these
serious injuries is the most obvious one--WEAR A HELMET! Heavy
riding boots, gloves, vests, and long pants can also protect
riders if they do crash.
Take Extra Care
Because of the added danger a motorcycle presents, motorcyclists
need to take extra care when driving. They should drive safely
(as should all drivers), and they should wear the appropriate
protective gear. Motorcyclists need to understand the special
problems that their vehicles present for other drivers, and drive
very defensively. However, motorcycle safety is a two-way street.
Drivers of other vehicles need to "drive aware" and
should keep a careful eye out for motorcycles. Although motorcycles
are more maneuverable than other vehicles, motorcyclists have
the same right to use the road that cars do, and this right should
be respected. Other vehicles should give motorcycles a wide berth--a
small tap with the bumper probably will not hurt an SUV, but
it can be fatal to a motorcyclist.
If everyone obeys these simple rules, they can make riding
motorcycles less dangerous and more like the "open-road"
ideal.
CYCLE ACCIDENT DO'S & DON'TS
 Call the police
and an ambulance, if necessary.
Get the name,
address, and insurance information of the parties involved and
any witnesses.
Write down the
make, model, year, and license number of the vehicles involved.
Take pictures
of the damage to your motorcycle before it is repaired.
Do not make any
statement about the accident to anyone but the police.
Do not apologize
or admit fault.
Do not argue with
the other driver.
Call our office
to discuss your case.
BE CAREFUL WITH DIET DRUGS
As most of you know, many diet drugs can cause serious health
risks. One of the most publicized diet drugs, Fen-Phen, has been
banned from the market. Now the Food and Drug Administration
("FDA") has announced its intent to ban the use of
another well-known supplement promoted for its weight loss effects:
ephedra. So what is the real deal on diet drugs?
The Real Deal
As you might expect, the general purpose of all diet drugs
is to promote weight loss. The most common means of doing this
is by suppressing the appetite of the person taking the pills
so that he or she eats less. Although most of us want to lose
a few pounds for vanity, medical studies have shown that being
overweight is very bad for your health. Carrying too many pounds
is a leading cause of heart attacks, strokes, and high blood
pressure. Right now, over a third of adult Americans and 20%
of children are considered either overweight or obese and need
to lose this extra weight in order to protect their health. Because
so many of us need to lose weight, the diet pill business is
booming. However, the question must be asked: How much risk should
someone who wants or needs to lose some weight be willing to
accept from the pills that help shed the pounds?
The dangers presented by diet drugs are well documented. Although
some diet pills are available over-the-counter and others are
available only through a doctor's prescription, both kinds of
pills share one thing in common: a history of serious, dangerous
side effects, including disruptions of brain function, primary
pulmonary hypertension (known as PPH), and heart trouble. In
fact, in the past 10 years a number of different diet drugs and
dietary supplements marketed as promoting weight loss have been
linked to different kinds of serious health problems, including
Fen-Phen (serious heart problems), LipoKinetix (serious liver
problems), and now ephedra (strokes, heart palpitations, and
tremors).
While all of these drugs and supplements have either been
banned or are the subject of warnings issued by the FDA, for
every drug or supplement that is banned, 10 more remain for sale
in the pharmacy or the grocery store. For example, there is a
prescription weight loss drug available called Meridia. Despite
the fact that the FDA found it only "moderately effective"
in helping the seriously obese lose weight, the drug was approved.
Now a consumer group has petitioned the FDA to have Meridia banned
because of reports of a number of injuries and deaths associated
with its use.
Some would argue that diet pills themselves are only half
the problem and that the other half is the mindset people have
that a bottle of pills can solve their troubles. Although there
are many people who have a medical need for diet drugs to help
them control or reduce serious obesity, most doctors will tell
you that diet pills are intended for short-term use to help a
person who is overweight or even clinically obese bring down
his or her weight. However, doctors are not always aware of the
dangers presented by the drugs they prescribe; very often, a
doctor's main source for information about a drug is the drug
manufacturer. Ultimately, even safe diet pills are not a long-term
solution to a weight problem, and the only safe and sure way
for an obese person to lose weight and keep it off is to change
his or her lifestyle by eating less and exercising regularly.
If you suspect that you have been injured by one of the diet
drugs mentioned here, or even by one not mentioned here, contact
our office and we can help you to determine if you have a claim.
DIET DRUG WARNING SIGNS
Like all drugs, diet drugs have some commonly experienced
side effects that are usually not life-threatening such as headaches,
insomnia, dry mouth, or irritability. However, if you are taking
diet drugs, it is important to recognize the signs of more serious
problems. These warning signs include:
Unusually high
blood pressure;
Unusually elevated
heart rate (i.e., your heart is "racing");
Mental disorders,
such as depression, mania, or hallucinations;
Serious skin irritations,
rashes, or hives; and
Numbness.
If you are taking a diet drug and experience any of these
symptoms, you should seek medical help immediately. Failure to
do so could result in serious, permanent injury, especially to
your heart.
HIRING A LAWYER MEANS BETTER SETTLEMENTS
Despite what insurance companies say, hiring a lawyer often
results in more money in your pocket. More and more, insurance
companies are contacting people who have been injured in an accident
immediately after it happens and are offering to settle the claim.
If this happens to you, it is important to remember that the
insurance company is not looking after your interests but, rather,
its own.
Insurers have been known to suggest that a quick settlement
will net more money than if the insured hires a lawyer, but this
is not true. Studies show that victims who are represented by
a lawyer recover more for their injuries, medical bills, lost
wages, pain and suffering, and other damages than do those not
represented by a lawyer, even after the lawyer's fee has
been paid! Why? Because a lawyer knows the rules. A lawyer
knows what you are entitled to receive, and a lawyer knows how
to present all of this to the insurance company and, if necessary,
in court.
If you are injured in an accident, contact this office as
soon as you can, because having a lawyer on your side is better
than fighting alone.
WE PREFER YOU TO REFER!
The period of time following an accident is one of confusion
and uncertainty. There are many things to take care of. Hiring
a good lawyer is one of them.
Many times, people don't know where to go when they need
legal help. If you or a loved one has been injured in an accident,
call us. We will vigorously represent you and make sure that
you are justly compensated for your injuries. That's our job.
SAFE SHOPPING ONLINE
The explosive growth of the Internet is well-known. With the
growth of the Internet has come an explosion of Internet shopping.
The following tips will allow you to stay safe as you buy on
the web.
Make sure that communications between you and an online merchant
are conducted through a secure Internet browser. Using a secure
connection makes it far more difficult to steal private information
from consumers, such as credit-card numbers. An easy way to check
to see if your browser is secure is to look in the address line:
If you see "https" before the web address, that means
the connection is secure.
If the online merchant either requires or permits you to set
up a user account, keep the password to your account private
and do not use anything obvious, such as a phone number or birthday.
You would not tell someone your ATM pin number, and you should
not reveal your account passwords either.
The Internet is a lot like Main Street: Some merchants are
trustworthy, some less so. Make sure you buy only from recognized
companies that you know. Companies that have a regular store
or a catalog business are often safer than Internet-only companies
because you know they are more than just a webpage in cyberspace.
It is easier for a crooked merchant to close up his shop on the
Internet than it is to close up his shop on Main Street.
Read the merchant's shipping and return policies, so you know
what to expect in case there is a problem with your order. Read
the merchant's privacy policy if you do not want to receive a
flood of spam e-mail.
Always pay by credit card. Although some merchants allow you
to pay directly out of your checking account, federal law permits
certain credit-card charges to be put on hold while a claim is
being investigated, and it limits your liability for unauthorized
charges made on your card to $50.
Keep records of the transaction. Most Internet merchants will
send you an e-mail confirming your order, but also be sure to
keep a printout of the order, just in case the e-mail does not
arrive. Also keep track of any transaction numbers that you are
given, which will make it easier to track your order.
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For more information,
contact us at 813-254-7770, or by e-mail
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