Monday, October 25, 2021

Why Should You Ask for Future Medical Expenses After an Injury?

Everyone who is injured in an accident and who needs compensation for medical expenses should make sure their future medical expenses are included in their settlement. This is because once you accept a settlement, you legally cannot request more money later, even if the compensation runs out before your medical bills do.

Why You Need Compensation for Future Medical Expenses

It is likely that you will need more medical care than just the treatment you get at the hospital immediately following your car crash or other injury-causing accident. You may still need continuing treatment even after you’ve settled your claim.

If these future expenses aren’t accounted for in your settlement because you only asked for enough to cover your upfront medical expenses, you may be left paying for these future costs related to your crash out of your own pocket.

Some common ongoing or future medical expenses include:

  • Prescription medication
  • Injections
  • Surgery
  • Assistive equipment such as crutches or wheelchairs
  • Physical therapy or rehabilitation
  • Follow-up appointments with your doctor to check on the progress of your recovery
  • Transportation to medical appointments
  • Ongoing in-home care
  • Modifications to home and vehicle, such as a wheelchair ramp or lift

When your injuries are because of someone else’s carelessness, you deserve to be compensated for all of these costs.

How to Calculate Future Medical Expenses

Because of the difficulty in calculating future medical expenses, many attorneys will recommend waiting to settle a claim until after the injury victim has completely recovered. However, this isn’t always possible, especially when the victim may never get back to the level of physical health they were at before the accident.

There is no way to know precisely how much money you will need for all your future medical costs and pain related to your injury, but an experienced personal injury attorney will be able to help you determine how much money to ask for based on their work with previous clients who suffered similar injuries to yours.

Your lawyer will typically work with your doctor, who can make an estimate for how much and what kinds of treatment they think you will need and how long that treatment will take. In cases that require compensation for future medical expenses, your legal team may also hire expert witnesses, including medical professionals and/or economic experts, to testify on how much money you will need.

Some factors that may be taken into consideration when calculating your future medical expenses will likely include:

  • The effectiveness of treatment and whether additional treatment will be required (for example, a common injury for car crash victims is a torn ACL, which requires reconstructive surgery to treat. The surgery has a roughly 90% success rate, so there is a 1 in 10 chance that it will fail and you will need revision surgery)
  • Whether there are alternative treatment options that are as effective but more affordable
  • How much the cost of treatment may increase over time due to inflation
  • How much treatment the injury victim may need over the course of their lifetime based on their age, life expectancy, and general health before the accident

You are entitled to future medical expenses after an injury that wasn’t your fault, but insurance companies count on the fact that you don’t know that. That means they can offer you less money than you deserve and keep their own profits high. Don’t let them get away with denying you the full compensation you need and deserve.

Because the amount of compensation you need will likely be unique to you, you will need to speak to a lawyer about how much you should ask for in future medical expenses if you plan to pursue an injury claim. Call Joye Law Firm today for a completely free case evaluation.

When You’re Been Injured Through Someone Else’s Negligence, Call Joye Law Firm

After a serious injury that’s left you in pain and unable to do the things you normally do, the last thing you want is the headache of arguing with insurance companies and dealing with bills. That’s why you need an experienced lawyer on your side, and we want to be the ones to help.

We’ll carefully review all the facts related to your injury and the ways it’s affected your life, including the amount of pain it’s caused you, and help determine fair compensation. And we won’t settle for anything less.

Contact us today so our South Carolina injury lawyers can start fighting for you.

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Monday, October 18, 2021

Is it Medical Malpractice or Is It Medical Negligence?

When we talk about holding people liable when they harm other people, we often talk about “negligence.” The injury victim needs to prove that the at-fault party was negligent, meaning they didn’t take reasonable care to prevent harm. In a car accident, that might mean not using a turn signal before changing lanes. In a medical setting, that might mean not checking whether a patient was allergic to any drugs before administering them.

Does that mean all cases of medical negligence are grounds for a medical malpractice lawsuit? No. And not all bad outcomes are examples of medical negligence. However, if you’re seeking compensation after being harmed by a healthcare professional, you will need to hire a lawyer that knows and understands the difference.

What is a Bad Outcome?

A bad outcome can refer to any situation where a patient’s health worsens after treatment. But a bad outcome does not always mean negligence was involved. You are never guaranteed a successful medical outcome.

For example, a particular surgery may have a 90% success rate. Although that means the surgery is generally very safe, it still means 10% of people who undergo the surgery may experience complications, even if the surgeon, anesthesiologist, and attending nurses did everything right.

In another example, someone prescribed a medication could suffer no negative side effects, while another person with the same condition and level of general health could suffer from every negative side effect listed on the warning label. Healthcare providers must provide the treatment that they believe will provide the best likelihood of a good outcome.

Fault could come into play, however, if the surgeon did not inform the patient of the success rate of the surgery beforehand, or did not discuss alternate treatment options with less severe potential side effects.

What is Medical Negligence?

Sometimes bad outcomes are the fault of negligence. Medical negligence is when an entirely preventable mistake occurs that results in harm to the patient.

For example, many doctors perform examinations with latex gloves. If a patient was allergic to latex, but the doctor made an honest mistake and forgot to ask before beginning the examination which resulted in the patient developing an allergic reaction, it could be an example of negligence. Further, people who are allergic to latex are also often allergic to certain foods, including tomatoes. If a doctor sees that a patient’s chart lists a tomato allergy, they know that their patient may also have a latex allergy. If they decide not to ask about a latex allergy or to take precautions, and then the patient develops an allergic reaction to the latex gloves, this could also be an example of negligence because the doctor’s deliberate action (or inaction) caused the patient harm.

A more extreme example of medical negligence could be a surgeon, nurse, or other operating room medical provider accidentally leaving a sponge behind in a patient after a surgery.

Other extreme examples of medical negligence could include failing to order a necessary diagnostic test, leading to a delayed diagnosis that severely worsened a patient’s health, or ordering an unnecessary surgery to make more money off the patient.

What is Medical Malpractice?

In South Carolina law, the terms medical malpractice and medical negligence are interchangeable. However, that doesn’t mean that every incident of medical negligence rises to the level of needing to file a medical malpractice lawsuit. In fact, South Carolina law sets the bar  higher for bringing medical negligence suits than in other personal injury matters.

For example, before filing a medical malpractice lawsuit you must first go through a series of procedural hurdles, including filing an affidavit from a court-qualified medical expert witness saying they believe medically negligent action (or inaction) caused your harm and violated state laws.

If you are unsure whether the medical negligence that caused your illness or injury qualifies for a malpractice lawsuit, we recommend calling Joye Law Firm today. We’ll arrange a confidential consultation with a registered nurse, and an experienced South Carolina medical malpractice attorney will provide a free case evaluation.

How Do I Prove Malpractice?

To have a successful medical malpractice or negligence claim, the victim must be able to prove the following:

  • The victim had a doctor/patient relationship with the healthcare provider who harmed them.
  • The healthcare provider breached the duty of care owed to the victim (meaning they did not act how any other well-intentioned doctor with the same knowledge would).
  • The victim was directly harmed because of this breach of care (meaning it was not simply a bad outcome unrelated to negligence).
  • The victim suffered damages (usually meaning worsened physical health that required additional treatment, as well as worsened emotional health or even additional physical pain).

Health care providers are well-protected against medical malpractice claims, which means pursuing a lawsuit can require an intense investigation and a lot of evidence, making them almost impossible to win on your own. Having a personal injury lawyer specifically experienced with medical malpractice claims to navigate this process can make a huge difference.

Contact Us Today for a Free Medical Malpractice Case Evaluation

Medical malpractice claims are typically far more complex and difficult to win than other types of personal injury. For most victims of medical malpractice, you have three years from the date of the malpractice, or three years from the date you became aware of the malpractice (up to six years from the date of the malpractice itself) to file a claim. So, don’t let it pass you by and miss your chance for deserved compensation.

Medical malpractice is often expensive, and even deadly, for victims. If you or someone you love experienced medical malpractice, call our firm today to learn what your next steps should be.

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Monday, October 11, 2021

What Is Included in a Lawyer’s Costs and Fees?

One of the most common reasons why people decide not to hire a lawyer after they are injured through someone else’s negligence is because they think that they can’t afford it.

However, most personal injury lawyers, including the team at Joye Law Firm, do not charge an hourly fee. Instead, they work on contingency, which means you only have to pay your lawyer if you win your claim. And that means everyone can afford to hire a lawyer, since there are never any upfront costs.

At our firm, even your initial consultation is free. And you don’t need to pay out of pocket at the end of the day either, since your lawyer’s fees and any additional legal costs will be taken out of the settlement amount.

What Is a Typical Lawyer Fee?

The average lawyer fee for a personal injury settlement is between 33-40%, although this number can vary depending on the difficulty of the case. For example, cases that go to trial take longer than those that are settled out of court, so the lawyer’s fees will be on the higher side of that scale. This is compensation for your lawyer’s time and all the work put into your case.

However, you may also be responsible for paying some additional legal expenses. These are unrelated to your lawyer’s payment, and make up the costs required to move a case forward. It’s very rare for law firms to ask clients to pay these costs as they arise; instead, the law firm will typically pay them for you, and get reimbursement from your settlement.

This blog attempts to break down what costs you may be responsible for paying after wrapping up your personal injury lawsuit.

Costs and Expenses of Filing a Personal Injury Lawsuit

The majority of these costs only apply to cases that proceed to trial, because the U.S. court system passes many of the costs associated with conducting a trial onto the people requesting the trial. However, depending on the circumstances and needs of your own claim, some of these costs may still apply.

  • Police Report and Medical Record Fees – Police stations and hospitals often charge to release copies of these records, which are necessary evidence in most personal injury cases.
  • Filing Fees and Postage – It is no surprise that filing a lawsuit involves a lot of paperwork. Your lawyer can ask to be reimbursed for the postage and processing fees they paid to the court when submitting the lawsuit. Although it may chafe to be asked to pay postage when it seems a small expense to the firm, they do this because when paying small postage amounts many times over for many clients, it can add up to a significant expense in the firm’s operating budget.
  • Deposition/Court Reporter Fees – A stenographer will sit in on your deposition (which is a common part of many injury claims even when they do not proceed as far a trial) and a court reporter will sit in on your trial to make transcripts. You will be charged a fee for a copy of these transcripts (usually per page) to pay them for their time and for copy costs.
  • Witness Fees – This refers to expert witnesses rather than witnesses to the accident. Your lawyer may hire experts to testify in your case, and these witnesses need to be paid. Aside from your lawyer fee, this will likely be the largest fee associated with your case. Examples of expert witnesses in a car crash claim could include a doctor explaining why you needed a specific surgery for your injuries, an economist explaining how much income you will lose over the course of your lifetime if you became disabled, or an accident reconstructionist offering their expert opinion on how the crash occurred. If a witness needs to be flown in, you may also be charged for their travel expenses.
  • Jury Fees – When civil cases proceed to trial, jury fees (the amount paid to jury members while serving on the jury) are paid by the party seeking a jury trial.

There may be other fees in addition to these, but these are the primary fees that victims of negligence may be required to pay when pursing a personal injury lawsuit.

Making a Difference in the Lives of South Carolinians

Joye Law Firm has been serving our fair state for more than 50 years. We have five convenient office locations across the state, and we’re proud to work on a contingency fee to help South Carolinians get the compensation and justice they deserved after being harmed through the careless and negligent actions of others. We also pride ourselves on our  “no fee guarantee,” meaning our clients never pay a fee or costs if we can’t secure a financial recovery for them.

The last thing an injury victim who is already struggling with bills needs is to have to scrounge to pay for a lawyer who may be their only opportunity to get fair compensation.

If you have questions about whether a lawyer can help you and how much it may cost, don’t hesitate to contact our firm today and we’ll answer your questions and address any concerns you may have.

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Monday, October 4, 2021

How to Help Your Injury Lawyer Win Your Case

Personal injury cases are usually David-and-Goliath stories. They’re about average people hurt by the careless or deliberate negligence of a large corporation, or dismissed by a faceless insurance adjuster. So hiring a personal injury lawyer to defend you is already one huge step that you can take to massively improve your chances of fighting back successfully and getting the compensation you rightfully deserve.

That said, it helps to consider the relationship between you and your lawyer as a partnership. We’ll work hard to gather evidence, build a case, and make sure all the i’s are dotted and the t’s crossed so your case can’t be easily ignored or denied. But your own actions following an accident can also impact whether you win your claim and how much compensation you get.

Your lawyer will be able to advise you on what to do if you are unsure, but there are five major steps every injury victim should take. We address each below.

1. Act Fast

Every state has a “statute of limitations” on personal injury claims, which is a time limit on how long you have to file a lawsuit after an injury that wasn’t your fault. In South Carolina, this period is usually three years, starting from the day of the injury.

That may sound like a long time, but it can pass much quicker than you think. Maybe you were in a car accident but hoped your injury would recover on its own. When it didn’t and you discovered you’ll need surgery that you can’t afford without compensation, it may have already been weeks or even months since the crash. And you could lose even more time attempting to negotiate with the insurance company for the amount you actually need before finally determining that you’ll need to file a lawsuit.

In addition to that, evidence is cleaned up or lost, witnesses move away or can’t be found again, and memories naturally fade over time. It’s much easier for your attorney to put together a bullet-proof case proving someone else caused your injuries when the accident is still fresh than when it occurred a year or more earlier.

2. Document Everything

Everything related to your accident can be important in proving your case, including:

  • The police report
  • Photos of the damage to your vehicle, the scene of the crash, and of your injuries
  • Contact information and statements from witnesses
  • Receipts for medical treatment and vehicle repair
  • Notes on when you received treatment and what was discussed in each doctor’s appointment

You may also consider starting a personal injury journal or diary documenting your levels of pain each day and the ways your accident has affected your emotional health and daily life.

3. Don’t Make Guesses or Accusations

When you are asked about how the accident occurred, you should never admit fault, but you should also always be truthful. This means sticking only to the facts and never offering opinions or guesses.

For example, if you aren’t sure what time the crash happened or how fast the other person was driving, simply say “I don’t know.” If you say what time you thought it happened or how fast you thought they were driving, but later evidence proves you wrong, it can cast doubt on your entire story even though it was an innocent mistake.

4. Do Everything Your Doctor Says

Sometimes people don’t attend follow-up appointments with their doctor, never schedule physical therapy when it’s recommended by their doctor, or don’t finish taking their prescribed medications. There are many reasons this could be true, such as concern about the cost. However, when you are seen “avoiding” treatment, the insurance company will take this as proof that you don’t actually need the treatment and aren’t as injured as you say, and will use it as an excuse to deny you compensation or reduce the amount they give you.

5. Take a Break from Social Media

It’s natural to want to update friends and family on social sites like Facebook and Twitter after a major, potentially life-changing injury, but any type of social post could be damaging to your claim. And not just posts about your accident, either.

You will be under close scrutiny from the insurance company, who will be looking for reasons to deny your claim, and they are not above digging through your social profiles and those of people close to you. They may attempt to twist what they see as evidence that you are exaggerating your injuries. Even a photo where you look happy could be offered as evidence you are not experiencing pain or distress from your injury.

Let Joye Law Firm Get to Work for You

While all these actions can make a serious difference in your case’s chances of success for the better, they are primarily intended to give your lawyer a leg up. This is so that you can relax and focus on getting better after an accident, and leave all the frustrating work and communication with the insurance company to your lawyer, who is happy to fight for you.

After an injury, stand up for yourself by hiring an experienced South Carolina injury lawyer, and call Joye Law Firm today.

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Monday, September 27, 2021

Who is Liable if My Child is Injured by Another Child at School?

When someone is injured because of someone else, they can file a personal injury lawsuit to get financial compensation for their injuries, pain, and distress. But the situation becomes more complicated when a minor is involved, and even more so when a minor injures another minor, whether by accident or intentionally.

When both minors were supposed to be under the supervision of a teacher, playground monitor, or coach, it just adds another layer of complication to the problem, which can be made further complicated depending on whether it happened at a public or a private school.

To determine if you can get compensation after your child is injured by another child at school, and who can be held liable, you should speak to an experienced attorney. At Joye Law Firm, our case consultations are always free with no obligation to hire.

That said, this blog will go over a few of the main points to keep in mind about child injuries and liability.

The Parents of the Child Who Caused the Injury

Whether or not parents can be held liable for injuries their child causes to another student may depend on whether it was an accident or intentional, such as in the case of bullying.

In the case of “malicious or willful” harm, parents can be held liable for their children’s actions. However, the amount of compensation parents can be forced to pay when their child deliberately causes injury or property damage is limited to just $5,000 under South Carolina law.

Furthermore, parents can only be forced to pay economic damages, also known as actual damages. In this circumstance, a victim’s family could only recover the cost of their medical expenses up to $5,000, and they can’t sue the other child’s parents for added compensation for pain and suffering.

Parents might also be responsible for their child’s actions under common law if they had reason to believe that their child was dangerous, such as a past history of harming others, but didn’t take action to curb their child’s harmful activities and the child then went on to injure another child.

The Child Who Caused the Injury

Children, especially very young children, generally can’t be held liable for injuries or damage they cause because, in the eyes of the law, someone must be aware that what they were doing was reckless or negligent. And it’s commonly accepted that children can’t be held to the same standard of understanding that an adult can.

Exceptions can be made for older children, such as high school students, who could be expected to understand that what they were doing would or could cause harm to another student.

Minors can also be held jointly liable alongside their parents if the minor would have been considered liable if they had been an adult at the time of the incident.

Because minors usually do not have any or much money of their own, it makes more sense to get compensation from another source after an injury. However, when an injured child’s parents pursue a claim against a minor, it might be possible for them to get compensation from the minor’s parents’ renters or homeowners insurance policy.

The School Where the Injury Occurred

Schools have a legal responsibility to provide a safe environment for students. However, in most cases, whether parents of an injured child harmed by another student can pursue compensation from the school or a school worker depends on whether it happened at a public school or a private school.

South Carolina public schools and public school employees are generally protected from liability, even when there was negligence. This is because public schools are considered governmental bodies, and state laws protect the government from being sued in most circumstances except for gross negligence. That doesn’t mean you can never sue a public school, but it does make it harder.

However, the same isn’t true for private schools, which can be sued normally like you would a negligent business.

Examples of when a school might be held liable for failing to prevent a student from harming another student include:

  • Failing to prevent bullying or assault, but only if they were aware that it was taking place or could have predicted it would happen (for example, a student had made threats against another student before the assault)
  • Providing inadequate supervision to prevent intentional or unintentional injuries (for example, playground monitors failing to stop a child from throwing rocks)
  • Failing to stop sexual harassment when it deprives the victim of equal access to educational activities or programs under Title IX

Each child injury case is unique, and there is no exact checklist that will tell you whether or not your child’s case meets the requirements to be able to successfully hold the school accountable. Speaking to a lawyer about your claim could help determine your eligibility for compensation.

When Things Get Tough, Call Joye Law Firm

One of the most stressful experiences in life is knowing your child was injured, that it was someone else’s fault, and you don’t know how to or whether you even can hold them accountable.

At Joye Law Firm, we make it our mission to help injury victims and their families get the help they need so they can simply focus on their recovery, while we focus on getting them the compensation and justice they need to put their lives right again.

If your child was injured through the intentional or unintentional actions of another student, call our firm today to discuss your next steps.

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Monday, September 20, 2021

Why You Need Renters Insurance

Many apartment complexes require residents to purchase renters insurance in order to live there. However, unlike car insurance, renters insurance may be contractually required but it isn’t legally required. There’s no law that says you need to purchase it, so many people, when given the option, choose not to do so in order to save money on their monthly budget. In fact, 37% of renters go without, according to the Insurance Information Institute.

However, there are several very good reasons why you should purchase renters insurance, which we’ll go over today.

Renters Insurance Protects Your Property

Many people may believe they don’t need to purchase renters insurance because they are protected under their landlord’s insurance. This may be true for the building you live in, but it doesn’t apply to your personal belongings.

You may also believe that you don’t own anything valuable enough to be worth insuring, and while that may be true for any single item, the entirely of your belongings is likely a completely different story.

When combining the total cost of furniture, clothing, kitchen items, and personal electronics such as phones, laptops, televisions, gaming systems, and so on, renters insurance provider Allstate estimates that the average two-bedroom apartment in the U.S. contains roughly $30,000 worth of belongings.

If your apartment or rental home was damaged in a fire, the landlord’s insurance would only pay to repair their property, i.e., the building. Meanwhile, without renters insurance, you would be personally responsible for replacing everything you own. With renters insurance, you will receive compensation for your damaged property as well as money to put you up in a hotel, and usually food and transportation expenses as well, until your home is habitable again or you find a new place to live.

Most renters insurance policies also cover burglary, even if your belongings weren’t stolen from your home. For instance, if your laptop was stolen from your car or at a cafĂ©, it may be covered under your renters insurance policy.

Many renters insurance policies will even pay the replacement value for your items rather than their actual value. This means that you would receive the $1,000 it would take to buy a new couch and not just the $100 your couch was worth after 10 years of use.

Renters Insurance Protects You From Personal Liability

If you are willing to take the risk on your personal property, then the more important reason to purchase renters insurance is that it can prevent you from being sued if someone is injured in your home.

At Joye Law Firm, we deal with many cases where people are accidentally injured when slipping and falling not only in stores and other businesses, but also in private residences. When this occurs, your injured visitor will need compensation to cover their medical expenses, and when you have renters insurance, this compensation will come from the insurance company rather than your bank account.

Renters insurance can also protect you from personal liability if your dog bites someone, even if it happened at the park and not at home. Roughly 4.5 million people are bitten by dogs each year in the U.S., according to the American Pet Products Association, and about 885,000 of those bites require medical attention. If your dog bites someone and seriously injures them, you may end up on the hook for their medical bills and lost wages if you didn’t purchase renters insurance.

In fact, a joint survey between the Insurance Information Institute and State Farm discovered that one-third of all homeowners insurance claims are made as a result of dog bites, and the average claim came out to roughly $35,000.

Renters Insurance Is Inexpensive

One of the main reasons people choose not to purchase renters insurance is because they believe it’s too expensive, but renters insurance is actually far more affordable than a homeowners insurance policy.

In fact, the average cost for renters insurance in North Charleston is just $23 per month! When considering the $30,000 or more it may cost you to recover from an apartment fire or pay the medical bills of someone who was injured in your home, it’s well worth the price.

So, how much coverage do you need? Most insurance companies recommend purchasing enough coverage to match the value of your belongings, plus $100,000 of personal liability in case someone files an injury claim or lawsuit against you.

Joye Law Firm Is Here to Help

If you are dealing with a premises liability case, the South Carolina premises liability lawyers at Joye Law Firm can help. We can negotiate with your insurance company on your behalf regarding your claim, help protect your rights, and get you the full amount you are owed.  Contact us today for a free, no-obligation case review to get started.

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Thursday, September 16, 2021

The Hidden Danger of Big Pickup Trucks

Have you noticed that pickup trucks are getting bigger? It’s hard not to notice their size when a mega truck is blocking your line of sight. Since 2000, the hood height of full-sized trucks has grown by 11 percent, while vehicle weights have increased by almost 1,300 pounds on average, according to an analysis by Consumer Reports researchers. Many consumers have gravitated to these supersized pickups as a lifestyle choice.

Pickup trucks account for about one in five of all new vehicle sales today. Big pickup trucks such as the Ford F-Series, Chevrolet Silverado, Ram 1500, and Nissan Titan are popular. But big pickup trucks also pose certain dangers to others on the road, especially to pedestrians and drivers of smaller vehicles.

At Joye Law Firm, we’ve seen firsthand the serious injuries a vehicle occupant or pedestrian can suffer in an accident with a large pickup. For more than 50 years, our attorneys have worked to protect the rights and interests of injured victims across South Carolina and to advocate for a safer community. Our legal team has a track record of securing successful results on behalf of our clients.

When you need skilled legal representation to help with an accident claim, our attorneys are ready to assist you. Joye Law Firm has offices in Summerville, Charleston, Columbia, Clinton, and Myrtle Beach to serve you. Learn how Joye Law Firm may be able to help you hold accountable the driver of a big pickup truck who injured you.

Contact us today for a free case review.

The Market Wants Bigger

Although full-size trucks have always been popular among construction workers and craftsmen for the utility they can provide on the job, many consumers are purchasing full-sized trucks as a personal style choice. Consumers cite the practicality of pickup trucks, their rugged styling, and the feeling of safety that such a large vehicle provides passengers.

The growing consumer demand for big pickup trucks has been accompanied by growth in the size of the vehicles. Manufacturers understandably feel pressure to compete with one another to offer consumers the biggest, toughest, most rugged-looking truck on the market.

Deadly Dimensions

The growing dimensions and weights of full-sized pickup trucks have served to increase the danger to others on the road. For example, the hood of a Jeep Gladiator sits 45.5 inches high, while the hood of the Ford F-250 reaches 55 inches off the ground.

red Big Pickup Truck

This means that the hood of many full-size trucks sits higher than the roofs of many passenger vehicles and the hood is taller than most young children.

In addition, the weight of full-size trucks now regularly exceeds 4,000 pounds. That means that even in a low-speed accident, a full-size truck can impart a much greater force upon impact.

Blind Spots

The growing dimensions of big pickup trucks have also resulted in an increase in the size of the blind spots of these vehicles. Because of their height and hood length, full-size pickup trucks can have front blind spots between seven and 11 feet longer than sedans or SUVs, according to Consumer Reports.

This means an increased risk of the driver a full-size pickup driver not being able to see a pedestrian, vehicle, or other objects in front of their truck.

Pedestrians

Many victims in pedestrian accidents involving full-size pickups are children, particularly toddlers between one and two years old.

Given the height of pickup truck hoods and the blind spots they cause, young children standing in front of the truck may not be visible to a driver. The tall, flat surface of a pickup truck’s front end may also increase the severity of an impact with a pedestrian, who may suffer significant or life-threatening injuries.

Safety Sidelined

Safety advocates point out that large truck manufacturers have the option of designing safer vehicles. They could potentially lower the hoods of these vehicles and lower the bumpers to help reduce severe injuries.

They could reduce the weight of large trucks or design the front end to be less imposing. However, manufacturers are incentivized to try to meet consumer demand for a certain lifestyle image that these large trucks represent.

Technology

Many sedans and SUVs come equipped with safety technology, such as blind-spot monitoring, rear collision avoidance, and pedestrian detection. These technologies can provide audible warnings to a driver when a pedestrian, vehicle, or other object moves into the path of their vehicle, or even automatically deploy the vehicle’s brakes to prevent a collision.big truck travelling at night

However, many brand new full-size pickup trucks only come with these potentially life-saving safety technologies at an additional cost or don’t offer these safety features at all. For example, pedestrian detection systems are not available for the Chevrolet Silverado or Jeep Gladiator. The Ram 1500 has it as an extra-cost option. The Toyota Tundra, Nissan Titan, and Ford F-150 do come with pedestrian protection systems as standard.

Braking Distances

The increasing weight of full-size trucks also has meant that these vehicles’ braking distances have grown as well. Many truck models exceed two tons in gross vehicle weight. Because these vehicles are not designed for performance on the road, they don’t stop as quickly as a passenger sedan. This makes it harder for pickup truck drivers to avoid collisions with pedestrians or with other vehicles or objects if they even see them before the collision.

Contact Joy Law Firm Today

If you have been injured in a collision with a big pickup truck or struck by a big pickup truck while walking down the street or crossing an intersection, contact a pedestrian accident attorney at Joye Law Firm. Call at 888-324-3100 today for a free, no-obligation consultation to discuss your legal rights to pursue a claim for compensation against the negligent or reckless driver at fault for your injuries.

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from Joye Law Firm https://www.joyelawfirm.com/2021/09/the-hidden-danger-of-big-pickup-trucks/
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