Walborsky Bradley & Fleming, PLLCWalborsky Bradley & Fleming, PLLC2026-04-13T14:03:16Zhttps://www.walborsky.com/feed/atom/WordPressOn Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Brake-checking and rear-end collisions: Who’s at fault?]]>https://www.walborsky.com/?p=487092024-07-09T20:27:33Z2024-07-09T20:27:33ZLiability in rear-end collisions
The reason for many rear-end collisions is a following driver’s failure to maintain a reasonable following distance. Traffic regulations require drivers to keep a safe distance between themselves and the vehicle ahead. This is meant to preserve a buffer zone so that the following driver has sufficient time to react if the front car brakes suddenly.
Now, here’s where things get tricky. On the one hand, brake-checking is undeniably reckless behavior that can catch you unawares. As a result, you might inadvertently rear-end a leading driver. For this reason, the leading driver may be liable for this kind of accident.
On the other hand, if you were tailgating the vehicle in front, you may be found partially at fault for the rear-end accident despite being startled by the brake-checking. The logic of a safe following distance is that, even with a brake check, if you weren’t tailgating, you should have been able to avoid the collision.
The burden of proof
Since a rear-end collision in the face of a brake-checking scenario is unique, there is a need to determine the ratio of fault between you and the leading driver. Suppose your vehicle has a dashcam; you or your legal team can use the real-time footage it captured as powerful evidence to present in court.
Additionally, if the brake-checking incident was heated, there were probably witnesses who could give an account of what happened. Their accounts can help strengthen your case, especially if you were not tailgating. The police report could also corroborate your version of events, especially if it mentions the possibility of a brake check.
Rear-ending a vehicle that was brake-checking you is a complicated legal scenario. While the default assumption in rear-end collisions places the blame on the following driver, evidence of aggressive driving, like brake-checking, can shift or share liability. If you do find yourself in such an unfortunate situation, seeking legal guidance is critical to help ensure a fair resolution, given the complexities of these circumstances and all that is at stake.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Must-have protective gear for motorcycle riders during summer]]>https://www.walborsky.com/?p=487082024-06-01T02:38:06Z2024-06-01T02:38:06Zthe right protective gear that balances safety with breathability.
A DOT-approved helmet
No matter the season, a DOT-approved helmet should be a non-negotiable piece of motorcycle gear. During summer, however, motorcyclists should prioritize a helmet with a focus on ventilation. These helmets have multiple adjustable vents positioned strategically at the front, top and back. These vents allow for optimal airflow, keeping the head cool and comfortable without compromising safety. A breathable helmet with a removable liner can make sweat management easy.
Summer-specific jacket
The temptation to ditch the jacket in hot weather is understandable, but this can be a recipe for disaster. Instead, motorcyclists can opt for a summer-specific motorcycle jacket made from breathable materials like ventilated mesh or lightweight textiles. These jackets offer abrasion resistance while allowing for airflow to keep the upper body cool. These jackets should also have strategically placed armor at elbows, shoulders and spine for added protection.
Full coverage pants
Just like jackets, forego shorts and jeans in favor of motorcycle pants for summer riding. Textile pants with mesh panels offer great breathability while providing abrasion resistance in case of a fall. Leather pants are another option, but they tend to trap heat more. Motorcyclists can consider features like adjustable knee protection and a comfortable fit to allow for ease of movement.
Protective boots
Motorcycle boots are essential year-round. However, bikers are better off prioritizing breathability in summer. Boots constructed with perforated leather or mesh panels are excellent because they allow airflow. Features like ankle protection, a sturdy sole and a good grip are crucial for both safety and comfort. Bikers should avoid boots that are too loose or restrictive and aim for a snug fit that allows for the comfortable operation of the motorcycle’s controls.
By prioritizing the right protective gear and incorporating some thoughtful practices, bikers can help to ensure a safe and comfortable ride during summer. That said, bikers who get involved in road accidents shouldn’t pass up the opportunity to pursue compensation. An experienced legal group can assist in securing compensation whether the motorcyclists wore protective gear at the time of an accident or not.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Sharing the road safely: How motorists can increase visibility]]>https://www.walborsky.com/?p=487072024-05-22T22:22:07Z2024-05-22T22:22:07ZBe a beacon: Lights make a difference
Did you know that headlights are not just for nighttime driving? Daytime running lights (DRLs) are a fantastic safety feature, making your vehicle more noticeable, especially in low-light conditions like dawn, dusk or during inclement weather. Don’t forget to turn on your headlights whenever visibility drops, regardless of the time of day. Confirm your tail lights, brake lights and turn signals are all functioning correctly. Replace burnt-out bulbs promptly. A quick visual check before every trip can also make a world of difference.
The power of positioning: Avoiding blind spots
Blind spots are a major concern when sharing the road with motorcycles and bicycles. These areas are typically around the A-pillars (the pillars at the front windshield) and near the rear corners of most vehicles. Be mindful of where smaller vehicles might be positioned and avoid lingering in their blind spots for extended periods. Motorcycles, in particular, have a smaller profile and can easily disappear into these unseen zones. If you suspect a vehicle might be in your blind spot, perform a shoulder check before changing lanes.
Predictable maneuvers: Signaling your intentions
Imagine driving down the road, and a car in front of you slams on its brakes without warning. This unpredictable behavior can lead to accidents. Always use your turn signals well in advance of a lane change or turn. This not only alerts other drivers to your intentions but also gives them ample time to react accordingly. Similarly, avoid erratic maneuvers and sudden stops. Following the rules of the road and driving predictably can make the road safer for everyone.
By implementing these simple yet effective strategies, you can significantly increase their visibility and help ensure a safer driving experience for themselves and everyone sharing the road. But remember, even with these precautions, accidents can still happen. If you get involved in a motor vehicle accident, you can pursue compensation for the injuries you sustain if your harm was caused by another’s negligence.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[When tourists get hurt while visiting Florida]]>https://www.walborsky.com/?p=486702024-05-05T01:51:11Z2024-05-05T01:51:11ZTourist accidents are possible and can quickly ruin a vacation. Any tourist who suffers an injury should be prepared to get medical care and possibly take legal action.
Slip and fall accidents
One of the most common tourist injuries in Florida stems from slip and fall accidents. These incidents often occur in places like hotels, restaurants, theme parks and shopping centers. Wet floors, uneven surfaces, poorly lit areas and obstacles on walkways can lead to serious injuries.
Water-related injuries
Florida's abundance of water-related activities, including swimming, boating and water parks, brings with it a risk of injuries stemming from another's negligence. Lack of proper signage warning of dangers, insufficient lifeguard presence and improperly maintained equipment can lead to drowning incidents or severe injuries. Boat operators under the influence of alcohol or drugs or those lacking proper training also contribute to accidents that can cause harm to tourists.
Amusement and theme park injuries
Florida is renowned for its amusement parks, but these attractions can sometimes be the site of tourist injuries. Mechanical failures, operator negligence and inadequate safety instructions can lead to accidents on rides.
Wildlife-related incidents
Tourists in Florida are drawn to its rich wildlife, including alligator tours and marine animal encounters. However, insufficient warnings or safety measures from tour operators can lead to dangerous interactions with wildlife. Negligence can include failing to properly secure areas where tourists might come into close contact with potentially dangerous animals or not providing adequate guidance on how to safely interact with wildlife.
When an injury occurs due to the negligence of another party, a victim may opt to pursue a compensation claim. The time to do this in Florida is limited. It may behoove tourists to have a legal representative in the state to handle the matter since they’re familiar with the ins and outs of the civil court system here.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[How trucking companies can reduce semi-truck crash rates]]>https://www.walborsky.com/?p=486682024-05-16T05:08:17Z2024-05-05T01:50:08ZInvestment in maintenance and guards
Transportation companies often try to keep the cost of maintaining fleet vehicles as low as possible. In some cases, companies may cut corners on repairs or purchase cheaper underride guards even though they are less effective at protecting the people in smaller vehicles when crashes occur. Other times, transportation companies might delay making repairs or performing routine maintenance, such as replacing the tires on a trailer or cab. Delaying maintenance and cutting costs by choosing cheaper materials can affect vehicle performance and contribute to collisions.
Fighting against distraction
Federal rules prohibit semi-truck drivers from texting or otherwise manually using a mobile device while they drive. Still, many companies require that truck drivers respond to calls and text messages while on the road. Other times, companies send workers out with dispatching devices that can be just as distracting as personal mobile devices. Companies that have policies that actively reduce distractions instead of promoting them could reduce the chances of their drivers causing collisions.
Maintaining reasonable scheduling practices
All too often, transportation companies schedule drivers for incredibly long shifts with multiple stops. A truck driver may need to maintain optimal efficiency throughout a trip to make it to their destination on time without violating Hours of Service rules. Such practices may prioritize efficiency, but they leave drivers in difficult situations. They may need to speed or drive in an unsafe manner given road conditions to make it to their destination on time.
When there is a clear connection between the conduct of a transportation company and the underlying causes of a semi-truck crash, there may be grounds to take legal action. Pursuing a personal injury lawsuit could be a reasonable response after a preventable semi-truck crash puts someone in the hospital or causes a tragic death.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Securing compensation for lost services after a serious car crash]]>https://www.walborsky.com/?p=486692024-05-05T01:49:28Z2024-05-05T01:49:28ZWhat are household services actually worth?
People often do not understand how valuable the support of a stay-at-home spouse or parent can actually be. From child care and home maintenance to scheduling services and budget management, the work that they do can have a significant impact on the family's standard of living.
Their services can allow their spouse to focus on their career and earn competitive wages in a high-demand profession. They can help the children in the family optimize their academic performance as they prepare for college. If someone can no longer perform that work, the family may need to redistribute household responsibilities or bring in outside providers.
Estimates looking at the economic value of full-time home services indicate that a stay-at-home parent performs work worth nearly $180,000 per year. Families can calculate the market value of the services that a party injured in a crash provided to request an appropriate amount of compensation after a motor vehicle collision.
Just because someone does not earn wages for the work that they do does not automatically mean that their family has to absorb the losses caused by car crash injuries. Understanding the financial value of unpaid work can help people seek appropriate amounts of compensation following a serious motor vehicle wreck.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[3 preventable car crash causes]]>https://www.walborsky.com/?p=486722024-04-04T17:17:46Z2024-04-04T17:17:46ZDistracted driving
Distracted driving can lead to severe injuries or fatalities. Activities that distract attention from driving, such as texting, calling, eating or using in-car systems like navigation or entertainment, can dangerously decrease a driver's awareness and reaction times. The momentary lapse in concentration might seem minor, but it can have devastating consequences, such as collisions that could have been avoided with full attention on the road.
Impaired driving
Impaired driving, which is caused by consuming alcohol or drugs, is another entirely preventable cause of road crashes that continues to claim lives. Alcohol significantly impairs cognitive functions and physical coordination, rendering drivers incapable of operating vehicles safely. The effects of drugs, including prescription medications, can be equally debilitating, affecting judgment, reaction time, and motor skills.
Fatigued driving
Fatigued driving is a dangerous behavior that leads to numerous accidents annually. Similar to the effects of alcohol, lack of sleep diminishes a driver's ability to make quick decisions and react promptly to unexpected hazards. Long-haul drivers, shift workers and individuals with sleep disorders are particularly at risk, though anyone can fall victim to drowsiness behind the wheel.
While every car wreck can lead to devastating injuries, innocent victims of these kinds of crashes often have to deal with considerable medical care costs and lost wages as they heal from their injuries. They may opt to pursue a compensation claim against those responsible to help offset those costs. These cases have time limits set by state law, so seeking legal assistance right away is generally a good idea for these victims.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Why are motorcyclists at an increased risk of crashes?]]>https://www.walborsky.com/?p=486662023-09-28T15:36:34Z2023-09-26T11:10:26ZWhy it's vital to watch out for motorcycles
Motorcycles are way smaller than most vehicles. This means they can quickly disappear from view, especially if drivers aren’t actively looking for them. If they're behind a larger vehicle, they might be hidden entirely.
Quick stops and swerves are common for bikers
Due to their lightweight nature, motorcyclists often stop or change directions faster than cars. If someone is following a motorcycle, they must give them plenty of space. Rear-ending a motorcyclist can have catastrophic or fatal results. Motorcycle signals are often less noticeable than those on more oversized vehicles. If a motorcyclist extends their arm, they're likely indicating a turn. Drivers should be vigilant in watching for hand signals and lighted signals that indicate a motorcyclist’s intent.
Safety isn't just the biker's responsibility
It's easy to think that because motorcycles are risky, it's all on the biker to stay safe. But remember, driving is a shared task. Motorcyclists and their passengers can be seriously injured or killed when accidents happen.
Individuals who are injured in these crashes may incur considerable medical bills and other related expenses. Seeking compensation is possible, but there’s a limited time to get a claim filed. Seeking legal guidance is often critical because there are many nuances to consider when taking legal action against a negligent driver who has slammed into a motorcycle.]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[Who is liable for a semi-truck collision?]]>https://www.walborsky.com/?p=486642023-08-17T09:33:32Z2023-08-22T09:33:16ZThe driver
When looking at analysis of what causes semi-truck collisions, often a mistake by the commercial driver is ultimately to blame. They might get too close to other vehicles, travel too fast given current road conditions or wrongly estimate how much space they have when completing a turn at a tight intersection. Even though drivers are often to blame, they frequently are not directly liable. However, they may be financially culpable for a crash when they are an owner-operator driving as a self-employed professional.
The transportation company
Most truckers are employees working for large transportation companies. Under standard liability rules, employers are generally responsible for the negligence or mistakes of their workers while they are on the clock. Therefore, even when a truck driver is to blame for a crash, their employer will be the one to provide insurance for compensation for the affected parties in many cases. Transportation companies are also responsible for crashes that result from poor business practices or improper maintenance of their vehicles.
The clients that hired the transportation company
Often, companies that require transportation services will have a loaded trailer ready for a driver to attach to their cab and haul to a specific destination. Clients may therefore be responsible for crashes that occur because of maintenance issues with the trailer that they provide. Clients could also be liable in rollover or jackknife collisions that occur because of improperly loaded trailers or undisclosed liquid contents.
Those who carefully determine who is actually liable for a recent semi-truck collision will have an easier time pursuing compensation from an appropriate party or parties. Seeking appropriate compensation after a semi-truck crash may involve pursuing a large insurance claim or possibly even a civil lawsuit.
]]>On Behalf of Walborsky Bradley & Fleming, PLLC<![CDATA[How is lost earning potential calculated after a crash?]]>https://www.walborsky.com/?p=486622023-08-01T08:22:23Z2023-08-04T06:11:35ZAdjusting for changes in future income
Calculating future earnings is more challenging than people realize. If someone were to simply multiply their current salary by the number of years until they plan to retire, they would likely underestimate what they would have earned for the rest of their career.
Employers frequently give raises based on performance, and workers with decades of experience often have higher earning potential than younger professionals. Many people make the most during their final years in their professions before retiring. Raises, including cost of living adjustments, can add up over 20 years to significantly increase someone's annual salary by the time that they retire.
Additionally, workers have to consider the value of the benefits they currently receive and the enhanced benefits of those with more seniority or better positions within the company. Paid time off, supplemental insurance and other benefits can be worth 30% of someone's base salary or even more in some cases.
It is often challenging to put together an accurate estimate of what someone would have earned if they had not suffered a significant injury. Still, doing so is very important to the process of securing adequate compensation after a crash. Establishing the true economic impact of crash-related injuries is a critical step for those hoping to hold the party who caused their crash accountable for the consequences of their actions.]]>