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Can sleep walking be dangerous for us or anyone around us?

This was such the case for Christine Thomas when her husband killed her ‘during a dream’.

The couple had been together for 40 years and enjoyed a happy marriage. In July 2008 the couple decided to take a holiday in their motor home to Aberporth, Wales.

During the night Brian Thomas dreamt that intruders had broken in to their motor home and he was fighting them to get out. Earlier in the night a group of young individuals had come in to the car park screeching their breaks and tyres. Mr and Mrs Thomas moved their motor home to the lower car park in order to have some peace and quiet but during the night Mr Thomas experienced dreams that he was being attacked and as a result he killed his wife.
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I have authored a couple of articles recently regarding drink driving and the devastating effects; something which is all the more evident during the festive season. So, here’s a little more on dangerous driving for you!

Mobile Phones

According to a BBC report (source) the figure for people using mobile phones behind the wheel of a vehicle has, interestingly and rather worryingly, increased since tougher penalties were imposed back in 2006. The figure comes from the Transport Research Laboratory which claims 2.6% of drivers used mobile phones whilst driving when the fine rose to £60 with the possibility of three points on the drivers licence in 2006, compared to the figure now which stands at 2.8%. OK, so nominally it’s a small increase; but it’s still an increase nonetheless…
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We have previously explored claims for psychological injuries and how anxiety can affect us in different ways. But what causes anxiety?

Road traffic accidents often lead to bouts of anxiety experienced by many individuals as they experience situational anxiety whilst travelling in vehicles following accidents. This may be whilst travelling as a passenger or as a driver and it can be very debilitating for some.

Individuals often experience an increase in heart rate, hot flushes, a feeling of disorientation and nausea. Affects vary between individuals and some people experience far worse affects or much lesser.

It is not just physical events which can cause us feelings of anxiety as life events such as exams, work and family problems can lead to such affects.
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Drink driving – I discussed this yesterday. But it seems there is a lot more out there on road traffic accidents and the effects of drink related driving…

In the run up to Christmas the BBC have reported that the current drink driving limit is to be reviewed by legal experts following a recent move to lower the current limit, and laws are to be tightened on driving under the influence of narcotics (source).

The current drink driving limit is 80 milligrams of alcohol per 100 millilitres of blood or the equivalent of roughly (and by roughly we mean very roughly – this should not be used as a guide and is a very broad comparative spectrum!) two pints of ordinary strength a beer for a man. An independent research report is to be conducted by Sir Peter North and will be presented to the Transport Secretary Lord Adonis before April 2010.

According to the report, there is growing public concern over the driving under the influence of narcotics and there is support for lowering the drink drive limit to 50mg of alcohol per 100ml of blood, coming at the launch of the government’s £1.2m anti-drink-drive campaign for Christmas.
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There is a clear reason why driving under the influence of alcohol or narcotics is illegal; a person driving under the influence is in no way in full control of their vehicle. It’s no surprise therefore why so many accidents are caused as a result of a driver under the influence of alcohol or narcotics, and it’s the time of year when police step up their game to catch the Christmas and New Year law breakers.

And the results of a road traffic accident involving drink or drugs are often devastating, and sadly fatal.

The BBC  have reported of the story of a teenager left paralysed after a crash that killed three other teenagers due to the driver being under the influence of alcohol (source).
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10 passengers who survived a crash on a Boeing 777 aircraft which occurred near Heathrow airport are to sue the aircraft manufacturer. The flight was travelling between Beijing and London in January 2008. All 152 passengers survived the crash but several suffered injury as a result of the incident.

According to the BBC a report is being conducted by the UK’s Air Accidents Investigation Branch (or AAIB) in to the accident but it has yet to be finalised. However, in the interim reports which it has produced on the cause of the crash it appears that both of the vehicles engines suffered from a reduced fuel flow as the plane was coming in to land and there is a belief that it is possible that ice may have accumulated in the plane’s fuel system.

The allegation being put forward by the injured parties is that the vehicle was defective and the expert reports  indicate that the fault may be common to other 777s as well, making it an actual manufacturing deficiency, rather than a one off fault.
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What do you guys think; should advertising “no win, no fee” guarantees be banned?

Seems pretty extreme but it is a view which has been taken in New South Wales and Queensland, Australia!

The so called ‘ambulance chasers’ have been banned from advertising their services and it is a ban that Attorney-General John Hatzistergos is campaigning to have blanketed across Australia.
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Personal injury claims aren’t just about victims of accidents arising from negligence recovering the compensation they are entitled to for physical injuries sustained. In fact, there are more often than not psychological “injuries” sustained that can be included as part of the claim.

A big example is road traffic accidents. Past cases have shown that a lot of the victims we have represented have suffered psychologically as a result of the accident. Many people involved in a car accident suffer from initial shock and travel anxiety thereafter; these are elements taken in to account when it comes to valuating a claim for compensation.
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The Highways Agency has come in for criticism and faces legal action for failing in its obligations to road users in Cornwall. Although the Agency closed the A30 road between Devon and Cornwall following sheet ice in January of this year, but not before 40 accidents has already occurred.

The allegations put forward are that the Highways Agency, in failing to identify that the particular stretch of road would become dangerous at an earlier stage, fell below the standards expected of it to keep roads clear as much as reasonably practicable. This involves keeping roads free of snow and ice in so much as they might avoid endangering the safety of users or, alternately, acting to minimise the risk through actions such as closing the section of road.
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Ever heard of it? Its legalisation in place as the guidelines for legal disputes involving products and services sold. And it’s very important!

It covers everything from the liability a manufacturer of a product has to the consumer, to the liability a tradesman has for a service he/she provides. When it comes to personal injury, it is important when establishing liability if a person is injured as result of a defective product or a dodgy service for example.
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