Residents may recall hearing about a string of pedestrian accidents within the past few months. One particular stretch of Highway recently experienced four of these accidents within four months.

At least one of the pedestrian accidents resulted in fatal injuries. In November, a 16 year-old girl died after being struck by a vehicle while attempting to cross the highway.

More than 40,000 drivers travel on the highway each day. In addition, it is a popular pedestrian route due to its proximity to several local stores and businesses. Unfortunately, this heavy traffic also makes it a prime location for both pedestrian and motor vehicle accidents. Because of this, the Department of Transportation plans to conduct a study examining the highway with the goal of making it safer for pedestrians.

Many area residents have suggested that building an overpass to separate pedestrian and vehicle traffic could increase safety. The mayor also supports the idea of an overpass. He says including the highway in a current bridge and overpass project would resolve numerous safety issues. They are also working on a plan to develop a separate road off of the highway designed to shield pedestrians from traffic.

Proving negligence in a pedestrian accident

Sadly, pedestrian accidents are occurring more frequently. According to the National Highway Traffic Safety Association, over 78,000 pedestrians are injured after being struck by a vehicle each year.

A pedestrian injured by a vehicle may recover damages if the negligence of another caused or played a role in the accident. All drivers have a duty to exercise reasonable care for the safety of others on the road. Those who don’t can be held liable for the injuries they cause. Examples of not using reasonable care include:

Speeding

Not using turn signals

Driving in poor weather conditions

Driving while under the influence of alcohol or drugs

Texting while driving

Driving while distracted

Steps to take after a pedestrian accident

There are several practical steps that an injured pedestrian should take after a car accident. If it is safe to do so, victims should stay at the scene and promptly call the police. In addition, they should obtain the names and basic information of everyone involved in the accident, including all witnesses.

It is common for drivers to attempt to place blame on the pedestrian. Since fault will need to be sorted out, victims should not make any statements about the accident except to answer questions from the police. This means refraining from discussing the incident individuals not involved in the accident or with insurance companies. Since these statements could be used to assign blame in the future, it is best to talk to a lawyer before making any statements. The lawyer will be able to review the facts of the case to help make sure the victim’s rights are well-protected.

The statistics for car crashes are out and the  Department of Public Safety reports that one of the largest factors in crashes was distraction. This is not likely to surprise anyone since drivers can often be observed with their attention placed on other things rather than the road in front of them. However, when a distracted driver causes a car accident, it can result in injury and death for the unfortunate victims.

The same report shows that over 29,000 people were injured and 395 people died in collisions in the state. It is unknown what percentage of those numbers involved distracted drivers, but, overall, distracted driving played a factor in a little more than 14 percent of all collisions in . Nationwide, 387,000 people were injured and over 3,000 people died because of distracted driving according to the National Highway Traffic Safety Administration.

Types of distracted driving behavior

According to the Centers for Disease Control and Prevention, there are essentially three types of distracted behavior. These are cognitive, manual and visual. While many people may automatically think about cell phone use when they hear about distracted driving, there are many things that can take a driver’s mind and eyes off the road. These distractions include:

Passengers

Road signs

Using vehicle features like navigation systems, seat controls, and radio dials

Reading maps

Eating/drinking

Doing hair/makeup

According to the NHTSA, using an electronic device to send texts involves all three types of distracted behavior. Drivers are often thinking about the conversation taking place on the device, they take their hands off the wheel to hold the device or touch buttons, and they often look down at the device to read the incoming messages or check the accuracy of the one they just typed.

Dangers associated with distracted driving

If a driver is traveling at a speed of 55 mph and is texting at the same time, that person is taking their eyes off of the road for about 4.6 seconds. That doesn’t sound like a lot of time, but in that moment, the car can drive the length of a football field. When someone’s eyes are off the road for that long, serious consequences can occur.

The NHTSA also quotes a study done that shows the risk of injury to a driver is increased by 4 times when they are holding a phone or other mobile electronic device. This is not surprising since collisions can happen at full speed, causing serious injury to victims. People injured in a car accident involving distracted driving often face months of recovery and financial challenges. If you have been injured in a car accident, you should learn what your rights are by talking to an experienced personal injury attorney.

The physician-patient privilege is designed to help each patient feel free to tell his or her doctor the whole truth about what he or she is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient passes away, however, what happens to the privilege?

If you want to take legal action because your loved one suffered a wrongful death, you may have questions about the privacy of the medical records involved. For more information on physician-patient privilege, speak with an experienced attorney from our firm.

Doctor-patient privilege

Doctor-patient privilege is the patient’s right to keep anything that the patient told the doctor in confidence, for the purpose of diagnosis and/or treatment, from being disclosed in a legal proceeding. If the patient wants, he or she can give the doctor permission to disclose the information. In most legal proceedings in which the patient is suing the physician, the patient will want the medical records to be disclosed, but this is not always the case.

When the patient has passed away, especially in a wrongful death, the patient’s family or representative may wish to present the medical records in court (or during settlement negotiations). These records could help the family prove its case — perhaps supporting an allegation that a doctor’s treatment caused the patient’s wrongful death, or showing how someone else’s actions ultimately caused the patient’s death.

This situation brings up the problem of who may stand in the patient’s place to waive the physician-patient privilege.

Waiving the doctor-patient privilege

The doctor-patient privilege does not automatically go away when a patient dies. As with most questions involving wrongful death, however, the laws on this issue vary from state to state. In the absence of the patient, the person who represents the deceased typically has the power to waive the physician-patient privilege; this may be the spouse, parent or child of the deceased. In some cases, the privilege may be waived because the plaintiff’s lawsuit centers on the medical condition of the deceased, when the medical information is key to how the case will be decided.

Naturally, if your lawsuit includes allegations against a doctor or hospital, the defendant may be reluctant to release the necessary medical records. The laws of your state will have rules to deal with this situation, and having a lawyer in your corner can make the process move more smoothly.

Speak with a personal injury attorney

An attorney who knows the laws can guide you in your pursuit of justice for your loved one. The question of how to access and use medical records may seem daunting, but a lawyer from our firm can offer advice on how to proceed.