Studies link cycling helmets to increased head protection for riders. Our Hampton cycling accident lawyers have seen helmets save lives on occasions or lessen the severity of a brain injury.
There are plenty of reasons why you should wear a cycling helmet. However, Virginia and other states do not require adult riders to wear cycling helmets in the same way as motorcyclists must wear helmets.
Although 21 states and the District of Columbia require minors to wear helmets when riding a bike, no state laws require the universal wearing of cycling helmets.
This is unfortunate. Cyclists are among the most vulnerable of road users. The U.S. Department of Transportation reveals about 45,000 bicyclists are injured in traffic with about 800 deaths every year. Wearing a helmet will protect you on the road.
In Virginia, the state allows localities to set up bicycle helmet ordinances. At last 29 Virginia communities have opted to do so. All bike riders and passengers under 15 are required to wear a bicycle helmet under local ordinances.
What Are Your Chances of Avoiding Injury if You Wear a Cycling Helmet?
According to the U.S. Department of Transportation, only 17 percent of cyclists who are killed are wearing helmets. This suggests many bicyclists die from head injuries and a helmet alleviates the seriousness of these injuries. The department says people who wear helmets reduce their chances of sustaining a head injury in a cycling accident by about 50 percent. They reduce their chances of sustaining a face and neck injury by 33 percent.
A recent study of 64,000 cyclists by Australian researchers found wearing a helmet reduces the risk of serious head injury by about 70%, the Guardian reported. The study stated:
“Helmet use is associated with odds reductions of 51% for head injury, 69% for serious head injury, 33% for face injury and 65% for fatal head injury. Injuries to the neck were rare and not associated with helmet use.”
How Many Cyclists Are Killed and Injured in Virginia?
In 2018, 13 cyclists lost their lives in Virginia. The number was the same as in 2017. The Virginia Department of Transportation’s Crash Facts report revealed 593 riders were seriously injured in 2018. Of these, 127 sustained serious injuries.
VDOT does not provide figures on how many of the riders were wearing helmets.
How Does a Bicycle Helmet Protect Your Head?
A helmet protects your brain when you fall or are involved in an accident. Most helmets have plastic shells on the outside and foam inside. The helmets also have chin straps. Cycling helmets are considerably lighter than motorcycle helmets. However, they are designed to absorb the force, protecting your head and your brain. Helmets are particularly important in protecting children whose brains are still developing.
The polystyrene foam in a cycling helmet crushes when you hit the road. By taking the impact, this helps protect the cyclist’s brain. The shell allows the helmet to skid along the pavement so as your neck does not jerk around. The shell also keeps the foam in one piece. If the strap is fitted incorrectly, your helmet can slip to the side or the back.
Retailers like REI can help you decide what helmet to buy. By law, all helmets sold in the United States must conform with standards set by the Consumer Products Safety Commission (CPSC). Some helmets are also endorsed by other organizations, like the nonprofit Snell Foundation.
Contact a Virginia Cycling Accident Lawyer
An experienced Virginia cycling lawyer can help you if you have been hurt on a bike through no fault of your own. Every year, bicyclists are injured by car and truck drivers who fail to give them space or fail to yield the right of way. Talk to the Smith Law Center about cycling injuries at (757) 244-7000 and read about our personal injury results.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.
Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.
Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.
Mold in Military Housing
Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.
Hypersensitivity pneumonitis in individuals with weak immune systems.
There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.
Understanding Exposure to Toxic Mold in Military Housing
The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.
Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.
Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.
People may be more likely to experience mold toxicity symptoms if they have:
Allergies,
An underlying lung disease,
Immune suppression,
Chronic obstructive pulmonary disorder,
Asthma, or
Another chronic respiratory disease.
Common Types of Military Housing Mold
When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
Who is Liable for Military Housing Mold?
Since 1996, most military housing has come under the management of private companies:
Belfour Beatty Communities: Fort Eustis and Fort Story/li>
Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
Hunt Military Communities: Fort Lee and Langley AFB
Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.
Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.
If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.
The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.
Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.
Other Hazards in Military Housing
Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:
Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.
Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.
Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.
Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.
What Happens When a Lot of People Get Sick?
Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.
Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.
Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.
Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away
Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.
Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.
Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.
You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.
Military Housing Mold Lawsuits: FAQs
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