Why You Might Need an Attorney This Summer If You Travel Posted on June 28, 2022 by dgilpin Travel is not a new notion to us; it can be traced back to wealthy Greeks and Romans who left for leisure to their summer houses and villas in places such as Baiae and Pompeii. According to Merriam-Webster, travel is “a journey, especially to a distant or unknown region.” We used to be able to travel without hesitation. Unfortunately, as we travel to new places today, we must be more aware of potential hazards. These faults may result in long-term consequences, including legal action. Some things that we will discuss in this article are auto accidents, cruise ship accidents, rideshare accidents, premises liability, and bed bugs. Auto Accidents Per Travel Pulse, nearly 80 percent (206 million) of Americans plan to take a road trip this year, and nearly 20 percent (47 million) will travel more than 500 miles by car. Having so many people on the road at any given moment makes you more vulnerable to vehicle accidents, and the chances of being in an accident increase as you go farther. That being said, there may come a moment when you are involved in an automobile accident and need to know what to do. So, in order to assist you further, we have outlined some of the most important procedures to take following an automobile accident. Never, no matter how little, leave the site of an accident.Set up flares or keep your flashers turned on to avert further incidents.Call the police regardless of how small the injuries appear.When the police arrive, make sure you tell the investigating officer(s) everything you know. If you are unaware of specific details, notify the police. Make no assumptions, guesses, or incorrect statements regarding the facts.Take photographs at the accident scene, but don’t interfere with the investigation.Exchange information with the other party involved, as well as any witnesses to the incident. Consult an attorney to protect your rights. This is possibly the most crucial thing you should do following an accident. Your lawyer can defend your rights and ensure that important evidence is not destroyed. Aviation Accidents The ability to use helicopters and airplanes is a fantastic tool to have on hand to enhance your vacation experience. The ability to fly gives you access to faster travel, lower costs, more comfort, and, in most situations, safety. When we board a helicopter or an airplane, we usually imagine our destination and the exciting activities that await us. However, aviation accidents are inevitable and are largely caused by safety issues, pilot shortages, and aged aircraft. While on vacation, you may come into contact with two types of aviation: helicopter tours and commercial flights. Helicopter Tours While helicopter tours are one of the most amazing things you can do whenever visiting new tourist destinations or popular locations like The Grand Canyon, Mt. Rushmore, or a picturesque tour over Manhattan, New York. There are some safety concerns to consider, such as pilot error, maintenance team error or misunderstanding, mechanical faults, and adverse weather. Who Is Responsible for My Helicopter Injuries? Depending on the cause, it could be more than one person who is liable. For example, in some accidents, it could be both the ground control and the pilot who are responsible. In other cases, it could be the tour company or the manufacturer who failed to maintain the plane or designed it poorly. Commercial Flights Per the Federal Aviation Administration (FAA), a total of 45,000 flights carrying 2.9 million travelers fly in and out of U.S. airports daily. Airport hubs alone account for a large number of injuries, including broken bones and neck injuries resulting from slips and falls. Injuries, however, are not restricted to the airport; situations that occur in flight, such as turbulence, falling in the jetway, or baggage falling from above, can all contribute to a bodily injury. Despite the fact that airlines must follow criteria established by the Federal Aviation Act, mishaps like this occur on a daily basis due to the sheer volume of travel. What Is The Federal Aviation Act? The Federal Aviation Act was created in 1958 to regulate civil aviation and U.S. commercial space transportation while also maintaining and operating air traffic control and navigation systems for both civil and military aircraft and developing and administering programs relating to aviation safety and the National Airspace System. This act alone helped pave the way for the Federal Aviation Administration we know today. Who Is Responsible for an In-Flight Injury? If you are harmed on a flight, you may be eligible to submit a compensation claim against the airline. Here are a few things to remember in order to achieve this: Airlines are common carriers. In terms of safety, common carriers use extreme caution and care for the sake of their passengers and cargo. Common carriers that fail to observe such regulations may be held legally accountable for any damages or losses caused by their negligence.Airlines cannot be held responsible for unanticipated and unavoidable circumstances. When unanticipated events occur, an airline cannot be held responsible for the repercussions. For example, flights are not always free of turbulence. If there is turbulence on a plane and you were warned to keep secure in your seat, but you go to the bathroom and fall, the airline is not responsible for the resulting damages.You’ll have to prove negligence. As with all personal injury cases, you must demonstrate that the airline broke the duty of care owed to you in order to hold it liable for your injuries. Cruise Ship Accidents The cruise industry received 29.7 million passengers globally in 2019. Unfortunately, no single governmental entity investigates and documents cruise ship incidents in the same manner that the FAA does with aviation accidents. However, this does not mean that personal injury accidents do not occur aboard cruise ships. Many passengers are unaware that the cruise line may be held liable for injuries sustained on the ship. You may be able to obtain a settlement or verdict for medical bills, lost work time, and other compensatory and punitive damages by suing a cruise line. Occurrences that cause injuries on a cruise ship: Collisions between shipsFire caused by technical issuesPassengers who go overboardPoisoning from foodSlip and fall accidents on wet decks These acts of negligence can lead to serious injuries such as broken bones, brain injuries, and internal organ damage. Rideshare Rideshare is a system in which passengers connect with drivers using mobile apps or websites such as Uber, Lyft, Juno, and others. Following that, you are picked up and driven to your destination alongside other commuters. Ride-sharing has expanded rapidly in recent years. Approximately 25% of the total U.S. population uses ridesharing at least once a month, and Uber alone employs over 3.8 million drivers globally. Ridesharing is on the rise in the United States and around the world, thanks in part to rising population and industrialization, particularly in larger cities, which means more road traffic and a higher need for efficient transportation. Directly Filing a Lawsuit Against Uber or Lyft If you’ve been injured in a rideshare accident, you’re likely wondering if you may sue Uber or Lyft for your injuries. After all, ridesharing businesses have more pockets than the average rideshare driver. However, directly suing Uber or Lyft can be difficult. Rideshare drivers are classified as independent contractors rather than employees by Uber and Lyft. As a result, businesses are more likely to be held legally liable for an employee than for an independent contractor. Nonetheless, you might want to file a lawsuit against Uber or Lyft if, for example: Your damages surpass the insurance policy limits of your ridesharing driver.Your ridesharing driver sexually abused you.You believe the company was negligent in hiring, training, and retaining the driver who injured you. Bed Bugs Traveling will introduce you to a diverse range of wonderful people and creatures. Unfortunately, we do become vulnerable to bed bugs. Bed bugs are reddish-brown, flat, wingless insects that hide during the day on beds and old furniture. These insects are most commonly found in hotel rooms because they can travel across multi-unit buildings by attaching themselves to baggage, purses, and backpacks. Legal Action with Bed Bugs In many states, you can sue the property owner if you were exposed to bed bugs while vacationing in a hotel or rental property. But first, you must confirm that you have been bitten by a bed bug. You will almost certainly need to consult a medical practitioner, such as a dermatologist, to confirm that you were bitten by a bed bug. If it is established that you were bitten by bed bugs in a resort or rental property and that your injuries were caused by the property’s owner’s negligence, you may be able to file one or more of the following causes of action: Intentionally causing emotional traumaPrivate annoyanceBreach of contractBreach of the habitability contractNegligenceAnd possibly other reasons, depending on the location of the incident. Bed bug lawsuits, on the other hand, could go in a different direction. If the host has cause to suspect you are responsible for bringing bed bugs to their property or failing to tell them of the problem, they may be able to sue you. Damages for bed bug bites often involve some of the following, depending on who is to blame: The costs of eradicating an infestationProperty damageMedical billsAnd other out-of-pocket costs What is Premises Liability Premises liability is where property owners have certain obligations under local, state, and federal laws to maintain reasonably safe premises under certain conditions and to warn others of any unsafe conditions under certain situations. Many different types of personal injury cases can be classified as premises liability cases, such as: Slip and FallBroken BonesDrowning Slip & Fall The most straightforward premises liability situations are slips and falls. Slips and falls, whether the victim is young or old, can cause tremendous damage. Fractures are among the most common results of falls, occurring in 5% of cases. More than eight million people visit hospital emergency rooms as a result of a fall. Slips and falls can also result in more serious tragedies, such as wrongful death for people over the age of 85. Broken Bones Some of the most common injuries caused by slips and falls include broken bones and fractures. According to The Ohio State University, approximately 6.8 million fractured bones/fractures are treated in the United States each year. Broken bones occur when a bone collides with a bigger force, causing the shape of the bone to change. These fractures can occur straight across the bone or up and down the bone. Some common breaks include: Closed or open fractures: an injury is said to be closed when it does not cause a break in the skin and open when it does.Complete fractures: occur when a fracture entirely separates the bone, resulting in two different portionsDisplaced fractures: when a gap develops where the bone has broken (often requires surgery)Partial fractures: when the fracture does not extend all the way through the boneStress fractures: occur when there is a crack in the bone (oftentimes, it is tough to find with imaging) Drowning Drowning accident claims come under premises liability since these injuries are typically caused by an inadequately maintained or guarded premise. This can include elements like: Lifeguard carelessness or negligenceImproper signageInsufficient safety equipmentDilapidated surfaces Victims or relatives sue the parties at fault in drowning lawsuits. Inattentive property owners and supervisors may be among them. Negligence and wrongful death are two common legal claims. Plaintiffs in drowning claims may be compensated for medical expenditures, lost wages, and pain and suffering, depending on the circumstances. In addition, if the victim dies, his or her family may be able to recover burial expenses as well as loss of support. Frequently Asked Questions Q: Can I sue the corporation that operates my cruise ship? A: Yes, you may be entitled to sue the cruise line that was liable if you were the victim of a cruise ship accident, excursion accident, or even medical negligence. Q: Do I need a lawyer to assist with my hotel liability issue? A: Yes, having an experienced lawyer will help you get the most compensation for your injuries or lost property. Q: Do I sue the rideshare company or the driver? A: In most situations, your claim will be filed with the ridesharing company, not the driver. Uber and Lyft, for example, have a one million dollar policy that protects all passengers. Q: When can a hotel be held accountable for my injuries? A: Every hotel is legally liable for premises liability because it is a business that provides services to consumers. Works Cited Agencies – Federal Aviation Administration. (n.d.). Federal Register. https://www.federalregister.gov/agencies/federal-aviation-administration Air Traffic By The Numbers. (2022, June 15). FAA. https://www.faa.gov/air_traffic/by_the_numbers/ Arm Injury Statistics | Aids for One Armed Tasks. (n.d.). The Ohio State University. https://u.osu.edu/productdesigngroup3/sample-page/ Christoff, J. (2022, March 25). Road Trips Will Be the Most Popular Type of Travel This Summer. TravelPulse. https://www.travelpulse.com/news/features/road-trips-will-be-the-most-popular-type-of-travel-this-summer.html Travel Definition & Meaning. (n.d.). Merriam-Webster. https://www.merriam-webster.com/dictionary/travel What is a Common Carrier? (2018, December 3). FindLaw. https://www.findlaw.com/injury/torts-and-personal-injuries/what-is-a-common-carrier.html
