Posted on October 19, 2012 by Fast Lawsuit Team
Not all road accidents are caused by erring, drunk or inattentive drivers. A lot of road accidents are sometimes caused by poor road construction or design. The Department of Transportation, the local government and the state all work together to help ensure that the road is safe and hazard-free for not just for motorists, but it some cases, bicyclists and pedestrians.
Elements of good road design and construction
Countless hours have been poured in research and studies to find out what makes for good road design and construction. Of course, there are still other factors that come into play when it comes to road accidents, but proper road design aims to prevent or minimize the damage caused by human error or defective cars.
Here are some things that are needed for “safe” roads:
- The layout should provide adequate time for a driver to react (i.e. no unexpected turns, etc.)
- The layout should not be confusing
- The roads must have the necessary signs and warnings (i.e. notice of merging traffic, exit turn signs well ahead of the turn, etc.). These signs should be visible, especially at nighttime.
- The roads should be regularly maintained (i.e. traffic signs should be working properly)
- The surface of the road is skid-resistant
- Ditches should be a safe distance away from the road so that a motorist can pull off the road
- Entrance and exit ramps prevent the car from speeding up unnecessary and these ramps are not too steep
- The roads are free of obstruction
- There is an emergency call box each for a reasonable length of the road. This call box should be at a safe distance from the road
- Guard rails and median barriers should be in place whenever warranted
- Enough warning signs for ongoing construction jobs on the road or other obstructions
- The roads are designed with hazardous conditions in mind (i.e. snow, rain, etc.)
- Curves should provide adequate visibility, especially of vehicles going at the opposite direction
- Presence of lane guides, edge lines, botts dots or other road guides on crucial areas of the road
- There should be adequate drainage to prevent the roads from flooding and getting too slippery
- Lighting should be adequate so that the road and the signs are visible
If the absence of these elements resulted in the accident, there is cause to file a Dangerous Roadway personal injury lawsuit.
Who is liable?
Depending on the road, it may be the federal, local or state government that has jurisdiction with public roads. For private roads (such as those inside private properties, i.e. subdivisions, golf courses, etc), the entity who owns the road such as the homeowner’s association, the developer or the property management company may be held liable.
There may be occasions when the drivers themselves bear some responsibility for the accident. But, if the poor design and maintenance of the road had, to some extent, contributed to the accident, the entity in charge of the roads may also be sued for compensation.
Filing a Dangerous Roadway Lawsuit
If you are a victim of an accident caused by poor road design, you should contact a lawyer as soon as possible. When you are filing a personal injury lawsuit against a government entity, remember that there is a strict deadline (or statute of limitations) for you to file your claim. Once this deadline has passed, you can no longer claim for any damages. Filing a lawsuit against agencies of the government can be tricky – that’s what the phrase “fighting city hall” denotes.
To build a dangerous roadway lawsuit, you should be able to show that:
- The car accident is a reasonably foreseeable outcome of the way the road was designed or maintained
- The erring party knows or should have known about the hazard
- The dangerous condition of the road directly resulted in the accident
To build the case, you will need to gain documentation such as police reports, pictures of the accident, and witness statements. It will also be helpful to get the opinions of road design experts or even conduct a survey of the road.
This means that such a lawsuit can be costly and time-consuming. This is on top of the expenses you and your family are already facing due to the injuries you sustained. At this point, you may need to think about getting some help, especially with your finances. If a loan is out of the question, lawsuit funding can be the option.
Also referred to a lawsuit loans, lawsuit funding provides quick and easy cash at the time that you need it. Unlike “normal” loans, a lawsuit cash advance is based on the details of your case, and not on your employment standing or credit rating. Also, unlike a loan that you have to pay no matter what happens to your case, this is only payable when you win the lawsuit and it is settled.
The settlement loans enable you to continue on with the rest of your life, without much worrying about your finances. With providers such as FastLawsuitMoney.com, you can lodge your application and once it’s approved, you can receive the proceeds of the lawsuit funding in as quickly as 24 hours.
Posted on May 25, 2012 by Fast Lawsuit Team
A hotel signifies luxury, comfort, a home away from home but only better (since you’ll be paying an arm and a leg for it). Depending on the number of stars in the hotel’s ratings, you know you can expect a certain level of services and amenities. A hotel gives you a haven particularly if you are away on business or on vacation. Some even opt to stay in a hotel nearby for a “staycation”. People stay in a hotel fully trusting that there will be no disruptions caused by accidents or injury.
However, accidents and injuries do happen in hotels. The question is, can guests sue for damages when these happen?
Premises liability and hotels
Hotels have a responsibility not only to see to the comfort and needs of its guests, but also to ensure that guests are safe and secure in their premises. Hotels and similar establishments can be held responsible if a guest gets injured due to the hotel’s failure to secure the premises from risks. This also includes negligent acts made by people under the hotel’s employ.
Guests are “invitees” under the premises law. The guests are invited or attracted to come to the hotel (i.e. dine in its restaurants, hang out in the coffee lounge or stay the night) so that the hotel can earn an income from these activities. As such, the hotel has the responsibility to provide the highest duty of care.
The hotel is expected to:
- Maintain the premises and ensure its safety
- Provide adequate security measures to prevent break-ins, theft and assaults. This includes making sure that guards are in key areas, there is sufficient CCTV monitoring and locks in hotel rooms and safes are maintained.
- Provide sufficient lighting and ensure that the floors and steps are clear from obstructions and are not slippery
- Make the necessary repairs to prevent defects and potential hazards, especially those that are known or are reasonably discoverable (i.e. repair loose carpeting that might cause someone to slip and trip). This includes stairs and elevators.
- Provide sufficient signs to warn guests of potential hazards (i.e. place a sign on a wet floor)
- Ensure that the pool has adequate safety measures (trained pool staff, warning signs on the depth of the water, enough rescue devices such as floaters)
The term “hazards” not only cover those that are visible but also apparent hidden hazards or dangers.
Showing Hotel Negligence
If you are a victim of an accident while you were in a hotel, you can file a lawsuit against the hotel to claim for damages. This includes:
- Food poisoning
- Slip and trips
- Drowning incidents
- Insect infestation
- Criminal assaults, including assaults made by hotel staff and other guests
- Thefts and break ins
- Accidents involving elevators, escalators, staircases and stairwells
- Injuries caused by poorly maintained equipment
However, you need to show that the hotel was indeed negligent and as a result of that negligence, you experienced bodily injury. What you need to prove is that the hotel was remiss in providing reasonable care corresponding to the level of care expected from them.
For the claim to be admissible, you need to show that it was the hotel’s actions or inactions that caused the injury. For instance, if you slipped on some water spilled by another guest, the hotel may not be liable. However, if some time has passed after the water was spilled and the hotel failed to wipe the spill up, then the hotel will be liable.
Another important element is that there should be harm suffered as a result of the negligence. You as the complainant should be able to show that you experienced injury or loss. This includes medical expenses for the injury, pain and suffering, lost income or wages, loss of use (of a body part) or loss of companionship.
Acts of hotel employees
A hotel can be held liable for its employees’ acts based on the legal theory of “vicarious liability”, that is, a hotel can be sued for compensation for the harmful actions of hotel employees while these actions were made within the scope of employment (i.e. the employee spilled some water on the floor and forgot to wipe it up, which caused a slip and trip accident). A hotel can be also made liable for assaults caused by employees who were hired without proper screening.
It is important to note that the liability stands even if the actions were contrary to hotel policy or hotel management did not have supervision or direct control of the situation and the employee at the time the injury occurred.
Limits of hotel’s responsibility
Depending on the law in the state you are in, a hotel is not liable
- When the hotel’s fault cannot be established for the injury
- For lost deposit amounts due to unconfirmed reservations
- When guests are evicted due to safety and operational reasons
- For lost valuables when these are not placed in the hotel safe and sufficient notice with regards to valuables are posted
- For drowning incidents when “no lifeguard” and other related warning signs are posted
- For natural disasters and calamities when there are appropriate safety and evacuation plans that were implemented
Suing for damages
The burden of proof lies on the one suing for damages. Hotels, most often than not, will deny liability with regards to their negligence. It may be challenging to provide the evidence necessary to back your claim for compensation. Before you consider filing for a lawsuit, it will be good to first consult a lawyer about it.
Also, filing a lawsuit against a hotel for your injuries may be a long and drawn-out process. You can expect to wait months and even years before you can get the lawsuit settlement. Meanwhile, you will have to pay for medical expenses and struggle to provide for your family’s daily needs even while you are recovering from your injuries.
Here is where lawsuit funding can help. With a lawsuit cash advance, you can start putting things back to normal while you await the settlement of the lawsuit. This means you are able to pay your hotel bills, mortgage and any other loans. This means you don’t have to worry about your family.
Another advance of a lawsuit loan is that it is non-recourse funding. Unlike a loan where you are required to pay regardless of the outcome of the lawsuit, a settlement loan becomes payable only upon the settlement of your lawsuit.
Posted on June 21, 2011 by Fast Lawsuit Team
A recent study by the University of Utah finds that driving while talking on the phone or texting is just as dangerous as driving while intoxicated. “Just like you put yourself and other people at risk when you drive drunk, you put yourself and others at risk when you use a cell phone and drive,” writes David Strayer, a psychology professor and the study’s lead author. “The level of impairment is very similar.”
With studies like this in mind, many states are working on new laws to make it illegal to talk or text while driving. Over 3,000 people each year are killed by someone who was talking on the phone or texting. And that number grows each year.
Many drivers do not realize this but if you are involved in an accident where someone is injured or killed, and you were talking on the phone or texting, then you are legally responsible. Even an accident where people sustain minor injuries can lead to all kinds of expensive legal action against the guilty party.
This is a growing concern for lawmakers but the general public still seems blithely unaware of just how dangerous it is. Very few drivers have the capability to concentrate on their driving while also holding a conversation or texting. People believe they can safely drive and talk or text, but studies show that just isn’t true.
At FastLawsuitMoney.com we often see people who are involved in massive automobile accident lawsuits because of injuries or deaths inflicted upon them by negligent drivers. Negligent driving is against the law and you can even be jailed or face stiff fines if found to be negligent for any reason while driving an automobile.
These lawsuits can drag on for years. Lawsuit funding can take weeks or months to come through. For those who’ve been injured or even lost a loved one because of a negligent driver, it can be painful to face years of legal proceedings. Bills can pile up. You may need ongoing medical care and not be able to work. How do you get your life back on track again?
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Lawsuit funding can be the answer for you. If you are struggling financially, you might be tempted to settle early for a lesser amount. At FastLawsuitMoney.com we want to put some money in your hands now so that you can afford to hold out for the big offer. We hope you’ll check out our lawsuit loan program. It’s quick and easy and you could have your money within 24 hours if qualified. We are your pre-settlement funding company.