Friday, May 8, 2009
Rear-end Collisions
Read end collisions are the most common type of accidents on the road today. There are approximately 2.5 million read end collisions each year. These accidents usually occur as a result of a driver becoming distracted. Many victims of rear end collisions suffer soft-tissue injuries. Although insurance companies may claim victims with soft-tissue injuries do not suffer significant injuries, we know that many suffer chronic and debilitating injuries. An example of a soft-tissue injury would be whiplash (a hyperextension of the neck). Whiplash can appear days or even months after the incident and can be very painful. Soft tissue injuries that have not resolved may mean there is an underlying cause. Your physician may refer you to have an MRI. An MRI will conclude if there is a more serious problem, such as a herniation or a bulging disc. In most cases, a rear end collision has clear liability, meaning the party responsible for striking the back end of a vehicle is usually at fault. A driver has the responsibility to maintain the proper distance from the vehicle in front of them.
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Sometimes it is apparent that a medical provider's actions were the cause of a patient's injury. When this happens, a claimant can use the doctrine of res ipsa loquitur to establish negligence. Res ipsa loquitur means "the thing that speaks for itself." When the injury itself presents a reasonable basis for the inference that the medical provider breached the duty of care, a claimant may use this doctrine to establish fault. The claimant must prove the following to establish medical negligence using res ipsa loquitur:
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2. The instrumentality that caused the injury was in the sole control of the defendant; and
3. The plaintiff's conduct did not produce or contribute to the injury.
Get more information by clicking on the link Medical negligence claims.