Tuesday, August 11, 2009

Why are States Raising the Fine for Speeding in Work (Road Construction) Zones?

We have all seen the construction signs that are posted in construction areas around urban, suburban, and rural highways. Many of them state the construction zone is under 24 hour radar surveillance and that the fines for these tickets are doubled, tripled, or sometimes even more. This is because we are seeing so many construction crews report injury and death of workers who are struck by cars. Aside from this we are seeing more accidents happen in construction zones due to smaller lanes, unforeseen closures and rerouting.

States everywhere are increasing their strictness on work zone tickets and, while it is aggravating to be a commuter in construction traffic, we can all certainly see the need for this to be a serious issue. When people start getting hurt and potentially losing their life trying to support the infrastructure of this country, there needs to be something put in place to get these people protected. In 2006, there were 1,010 workers and motorists that were killed. This is a ridiculous number that needs to be deflated.

The best way to think about this is to put yourself in the shoes of a loved one or family member that has had to deal with death or injury because of a speeding motorist through a construction zone. If you can see it through the eyes of someone that has been through it, this puts it all into perspective.

Construction zone accidents are also on the rise because people have a tendency to speed on highways in which they travel day after day. This leads to people driving carelessly because they can tell you where every little curve, pothole, and dip is in the road. However, during construction season, they close lanes, reroute traffic, and close exits. So, if you are speeding and not paying attention, you have the potential to cause an accident.

There are many reasons that surround why we are seeing such a drastic increase of fines for speeding in a work zone. Some more obvious than others and, no matter what the reasoning is, this is something we should all be able to agree on.

Sunday, August 9, 2009

What Should I Look for In a Good Auto Accident Attorney?

The first thing you are going to want to do when looking for a good lawyer after an auto accident is to make sure you are speaking with a lawyer that specializes in representing auto accident victims. Lawyers are not able to practice all law because there is just too much to focus on. Finding one who dedicates their time to this field of law is going to be your best option.

Getting a lawyer that knows everything there is to know about auto accident law will put you in prime position to get fully compensated for your medical bills, time out of work, and any repairs that might have been needed after the accident. Just getting a good lawyer will not suffice because they are not going to know the ins and outs of what you need to do to get taken care of properly.

Another thing you want to inquire about is how long the attorney has been practicing auto accident law. Not to say that someone fresh out of law school is not going to be an efficient lawyer, but you want to know this case is going to be handled properly by an experienced professional. Just a simple inquiry about previous cases can fill you in a little better on how much experience the lawyer actually has.

Doing your research on anything is important before you put your trust in something and finding a good auto accident attorney after the unfortunate event of being involved in one is more than apparent. Using the Web and referrals are two great ways to start your search for the person or firm. Read forums and blogs online, ask around to other people at work or family members about good lawyers. Being prepared is the only way to go when confronted with this situation.

Friday, August 7, 2009

What is the Likelihood That I Could Get My License Back After a DUI Charge?

The one crucial element that matters when getting a DUI is how many times you have been arrested, charged, or convicted of driving under the influence. First time offenders have a lot more room to maneuver in the court system; however, this is starting to become an extinct notion as well. States are tightening their laws on every issue related to DUIs and, now, first time offenders are being made an example of just like 2nd and 3rd time offenders.

For example; in Illinois they have reformed just about everything that goes into being suspected of a DUI. If you are arrested, you are instantly going to lose your license for an unspecified amount of time. There is no way of getting around this. What started as a three month mandate has turned into a year in certain circumstances.

Getting your license back will take a lot of effort on your part to jump through the legal system and adhere to everything the judge wants you to do. This could be anywhere from serving a jail sentence to performing community service. Once you take care of the things which the judge has assigned you to do and you are a first time offender, you will have the ability to get your license back no matter what state you are in.

If you are a multiple offender, getting your license back will not be as easy. Florida and Illinois are two states that do not mess around anymore and, if you are caught multiple times driving while intoxicated, you are given a felony. Once you are given your third DUI in states as strict as these mentioned above, you are probably not going to ever be able to legally drive again. This will require countless appeals, thousands upon thousands of dollars, and massive amounts of time between the hours of 8am and 5pm.

If you are ever given a DUI, the best choice you can possibly make is to never put yourself in that situation of driving drunk again. If you are hit with two DUIs in a two year period, you are more than likely not going to be driving for a very long time. Legal counsel is strongly recommended if you are determined to get your license back; however, you should be aware that the process will be extremely expensive and could last, at the very least, 6 months but cases like this can last longer than a year.

Wednesday, August 5, 2009

What Are My Options as a Pedestrian Who Was Injured By a Driver?

Believe it or not, there are almost 5,000 pedestrian deaths every year that are a result of motor related accidents and close to 80,000 pedestrian injuries. This matter contains a lot of grey area concerning negligence, poor property maintenance, parking lot and sidewalk defects, or even construction debris that was not cleaned up properly. There are many things to take into account and the best resolution to any matter in this area should be handled by a professional personal injury law consultant.

A lawyer will help you come to a conclusion of who is at fault for the accident. Since there are so many aspects that go into a case of this caliber, the lawyer will start this process by determining who is at fault for the accident. This is true whether it’s negligence on the part of the motorist or pedestrian, or if it is a result of the above mentioned circumstances. Once this is figured out, you can start civil action against the party that is at fault.

Each incident will require a careful analysis of the reasons and facts of the accident. Typically, there is so much emphasis on the surrounding elements because there could be more than just one party responsible for legal compensation to the accident.

No matter what happens, the basis of determining the responsible party will lie on the adherence to rules of the road and if they were being practiced reasonably and correctly - this is the very essence of negligence. Whether this is in the hands of property owners, the driver, or the pedestrian will be a lawyer’s primary concern when getting you all the options that are available if involved in an accident as a pedestrian with a motor vehicle.

No matter what happens, you should always have the help of a personal injury lawyer at your side in a matter such as this. They will make sure you are not being blamed for something that was not your fault. With the ever changing rule of law, it is almost impossible to know what you will need to know to get the compensation that is deserved.

Monday, August 3, 2009

The Strictness of the New Laws Against Driving Under the Influence

The more we see people driving under the influence the more we see laws tighten their grip on impaired motorists. The ironic thing no one ever talks about is that there are bars, restaurants, and gas stations on every street corner that are filled with alcohol. Then we wonder why people are still drinking and driving. Add all the factors together, no matter what they are, and we see a very serious issue become even more serious.

Many states are adopting methods that make it almost impossible to get out of a DUI and it doesn’t matter if James Garrison is your lawyer. Many states have already put in place a suspension of your driving privileges for a minimum of three months if arrested for a DUI. We have now seen this added to and now we even watch it climb as high as a year just for being suspected of or arrested for driving while intoxicated.

For example, Illinois has mandated a new law that requires you to install and pay for a Monitoring Device Driving Permit (MDDP). This basically requires you to install and pay for a built in breathalyzer that does not allow your car to start unless there is no alcohol in your body. This is a standard procedure in IL since Jan 1st, 2009 and, if you refuse to get the device, you are automatically suspended of your driving privileges for 12 months. Since the beginning of 2009, Illinois has reformed their DUI laws and have made dealing with one result in going to alcohol treatment classes, community service, and spending thousands of dollars.

Most states have different laws pertaining to this subject. For first time offenders, this is typically a misdemeanor and can be charged as a felony if you are charged with a total of three or more. Most states are cracking down on people everywhere across the United States. The more accidents, injuries, and deaths that occur from drinking and driving, the more laws we are going to see. This, in turn, will make the consequences much more severe.

Friday, July 31, 2009

If I'm Injured in an Auto Accident Due to Negligence of a Police Officer, Who is Responsible?

If you are involved with a police officer in an auto accident you should be taken care of if the officer is found negligent of causing the accident. This, of course, varies from state to state since many of them practice different auto insurance laws. The unfortunate thing about being involved in an accident with a police officer is that this instantly becomes your word against the cop’s and this can be a bad place to be with certain officers. Negligence of an auto accident is what it is, no matter who is involved; however, police officers do have the ability to bend the truth to fit their needs.

An auto accident in March of 2009, in Florida, saw a 23 year-old woman struck and killed when a cop blew through a red light and slammed into her vehicle in the middle of an intersection. The police officer claims that he was in pursuit of another vehicle, though the officer did not have his lights or sirens on. Miami Dade Police is not taking responsibility because they are getting around the fact that the police officer was the negligent motorist involved in the accident. Who knows what the truth is as of now, but it seems suspicious to say the least. In cases like this, a family should contact a good attorney.

In the end, the determining factor is the negligence and fault laws that are in place in the state the accident happened. Michigan, for example, is a no fault insurance state so this means that, no matter what happens, your insurance pays for your damages and the other person’s insurance does the same thing. There is, of course, a lot of grey area in states like this but it determines how you will need to handle the insurance company.

Other states are going to require someone to be at fault and be responsible for the damage that was caused. This will typically be the negligent driver who gets the ticket and is responsible for the events that follow the accident. In the states where a motorist is held accountable, this applies to anyone whether you are a restaurant manager, off duty police officer, fireman, or truck driver.

Wednesday, July 29, 2009

If I Take a Trip in a Rental Car, Should I Opt for Their Insurance Coverage Even if I Currently Maintain a Full Coverage Policy on My Vehicle?

There are many things to consider when you think about getting insurance on a rental car. For the most part, your personal car insurance coverage will take care of anything that might happen to your rental car. If you possess renters or homeowners insurance, this will most likely cover any theft of personal property in the car.

However, car insurance with a rental car is not as cut and dry as we would all like it to be. If you are not paying for collision or comprehensive coverage you are not going to be covered in terms of your rental. This in turn means that, if something were to happen to the rental, you are going to be held responsible.

There are times when a gold or platinum credit card will cover the damage to rental car but this is not something you can rely on unless you are certain this is the case. There will also be many levels of fine print that will need to be understood because there are limits for this coverage as well.

- Some vehicles such as; SUVs, pickups trucks, vans, and luxury cars are usually not covered.

- Long rental periods – a few weeks for example – could not be covered.

- Drivers other than the holder of the credit card will also often not be covered.

- Also if you are in the unlikely event of getting a DUI or take the car out of the specified geographic area you probably will not be covered either.

In the end, the only thing you can do is your research. Find out the lengths of which coverage you have and decipher whether or not you are going to be covered. With the cost of rental cars on the rise, you do not want to be held responsible for damage because they are going to charge you an arm and a leg.

If you are caught in a scenario that sees a rental company trying to get money from you for damages, there is not much even an attorney can do if there is some legal clause stating you are not covered. However, if you take precautionary measures to find out whether or not you are covered with your insurance, you will know if getting their insurance is necessary.