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.

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.

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 2^nd and 3^rd 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.

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.

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 1^st, 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.

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.

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.

Be Aware When Purchasing Your Next Vehicle

There is a lot that goes into purchasing a car. Before you decide what to buy, you will need to think about who this car will be for and what purpose it will serve. If you are shopping for a new driver or a family vehicle, you will certainly want to make safety a top priority. Knowing which vehicles are not safe should be more important than the price.

Obviously this is common sense more than anything else but there are things that happen to smaller, safer cars which are unforeseen. Some of the new cars have deficiencies, as we see more and more car manufacturers search for a more economical way to make cars.

There are a good number of newer vehicles that are being recalled due to major and minor issues. Knowing what they are can be a good step to take in assuring yourself you are getting the safest vehicle possible if this is one of your primary concerns.

Even cars you would think are safe vehicles can have issues. For example; In November of 2007 a civil trial was opened up against the well known and reliable Toyota car company. A Toyota Corolla was involved in an accident that ultimately ended with Raminder Singh getting trapped in his car and burning to death when his seatbelt was jammed. He was unable to free himself before the car went up in flames.

Issues like this can open our eyes to cars that we all believe to be safe. Sometimes these vehicles can have things wrong that we don’t know about or see when we buy. Toyota is a reputable car manufacturer and has been known for its quality for decades. Yet, now we see this reputation being tainted by Lexus recalls and faulty equipment.

Lexus has recalled over 100,000 vehicles in the last couple of years and General Motors is also recalling countless cars. This goes to show that, no matter what you might hear about a well known car company, you are always better off doing your research first.

6 Tips for Motorcycle Safety

Driving a Motorcycle is one of the more dangerous activities that you can do, but there are a number of tips that you can keep in mind to help to minimize your risk. Keep these things in mind in order to keep yourself as safe as possible when riding a motorcycle.

1.NEVER ride a motorcycle while under the influence of drugs or alcohol. We all know how dangerous it is to drink and driver. Every danger of driving a normal car is multiplied when driving a motorcycle, and a vast number of fatal motorcycle crashes involve impairment.

2.Obey posted speed limits. Speed is a very high determining factor in the severity of an injury.

3.Drive as if no one can see you. The number one reason that there are collisions between other vehicles and motorcycles is because the drivers of other vehicles can't see the bike rider. Assume that you are invisible and that you have to watch out for the actions of all other drivers on the road at all times in order to stay your safest.

4.Make yourself as visible as possible. This is the corollary to the last point. That’s because visibility is such an issue for motorcycle riders that you need to make every effort to be visible. Large touring bikes with large windshields and fairings appear more prominent and are missed less often by other drivers on the road.

5.Wear proper safety equipment. The severity of an injury can be reduced greatly by wearing all of the appropriate safety equipment when riding. The most important element of this is obviously an approved helmet, but also a heavy duty leather jacket (or Kevlar), heavy pants or chaps, proper riding boots, and gloves.

6.Ensure your bike is in good working condition. Mechanical failure doesn't account for too many accidents, but tire punctures happen more frequently and can cause bad accidents which are easily avoidable by checking your tires before you ride.

Traffic Accidents in No-Fault States

Many people are familiar with the traditional model of vehicle insurance where one party is deemed by the system to be at fault and, in turn, has to pay (or rather, their insurance has to pay) for the damages caused by the collision. However, many States are now beginning to leave this model behind and move to an insurance model known as “no-fault”.

The reason this system was implemented was because the old system of insurance was taking up too much time and money in the court system. Parties were suing to find the other at fault and suing for damages. No fault insurance eliminates this problem.

So far, the states which have no-fault insurance include: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

The “no fault” part of the insurance refers to personal injury. Under this type of insurance you can be paid immediately rather than having to establish blame in the accident. However, suing for mental anguish and pain and suffering is not allowed under this type of insurance. Many people frequently attempt to gain extra benefits by suing under the old models of insurance for these types of benefits. The idea of no fault insurance is to provide the immediate healthcare that people need and aid in eliminating, in the eyes of the state, pointless lawsuits.

Different states do have different no-fault laws however. From state to state, there are different regulations and some may still allow you to sue the other party, even under no-fault circumstances, as long as certain criteria are met. These might include either the monetary value of the medical bills you are faced with, or the determined severity of the injury you have suffered. An experienced attorney will be able to discuss your options with you in much more detail and it is always wise to consult with an attorney in these situations.

5 Tips for Auto Safety

Car accidents are always one of the most prevalent causes of injury and death across almost every demographic, but there are many steps which you can take in order to help increase your safety when driving or riding in a vehicle. Keep these tips in mind for the sake of your safety and that of your family.

1.Always wear your seatbelts at all times. Most of the world has caught on to the importance of seatbelts now and seatbelt laws have proven to be large life savers. The seatbelt is definitively one of the easiest things which you can do in order to increase your safety in a vehicle.

2.Ensure that you are driving a well maintained vehicle. Cars that aren't looked after can become increasingly less safe to be on the road, especially when systems like the steering or the brakes are compromised. It is also important to be aware of the level of wear on your tires and to replace them when they require it.

3.Obey speed laws. Too many people treat speed laws as recommendations or as hampers to them completing their day on time. In truth, the likelihood of an accident causing serious injury or death is directly related to the speed at which a collision occurs. So, by minimizing your speed, you also help minimize your risk.

4.Drive defensively. Defensive driving will always be your best tool for keeping safe on the road. Aggressive drivers are in far more accidents and have a much more difficult time avoiding a collision when the possibility of one becomes imminent.

5.Never drive, or be a passenger, in a vehicle being operated by someone under the influence of drugs or alcohol. Nothing else will raise your risk as much as being in a collision involving chemical impairment.

Who Covers Courier and Delivery Drivers if They Are Hurt in a Job Related Auto Accident?

For someone who works in a bustling industry such as the courier industry, driving is an inescapable part of their work. This type of work unfortunately exposes them to many more possible accidents during the course of their working day than people who don't drive for a living. As such, there are insurance questions that they must think about beforehand, in the case of ever experiencing an accident.

All courier companies, (and most other companies which employee professional drivers) will have insurance policies out on their vehicles and drivers to ensure that they are not held liable in the event of an accident. This situation might be different for a courier company who subcontracts drivers. Those drivers would be responsible for their own insurance on their vehicle, although the courier company might require a minimum amount of coverage. This is the most common type of courier model with smaller companies. It helps protect the employer as it ensures that there is no way they would be held liable in the case of an accident. If they own their vehicles and maintain them, as is the case in many of the larger companies, an accident caused by mechanical failure could leave the courier company held at fault.

Fault is important to note. When injured as a courier driver, the accident will be treated much like any other and is subject to the particular laws of the state you are in. In a no-fault state, it will not matter who caused the accident in regards to auto damages and most medical bills. However, in a state without no-fault insurance, it might be possible that, if the other party is at fault in the accident, you can sue them for a variety of benefits relating to your injury. As mentioned above, the company that you work for might also be held responsible if the accident was due to negligence on their part. It is wise to consult a lawyer to learn the specifics of the possibilities and insurance laws in place within your state.

What Recourse Do I Have If I Am Injured In an Auto Accident?

If you are injured in an auto accident, you want to carefully document all details of the accident as soon as you are able. That means that if you are conscious and able to move without causing further damage to yourself at the scene, you should be sure to jot down all the details of the accident, even taking pictures if it seems practical to do so. If you were rendered unconscious at the scene you will still want to recount everything that you remember about the accident to someone upon waking. Your next step is to contact an attorney who specializes in auto accident claims.

The reason that you need to speak to an attorney is because, when injured in an auto accident, you have many more options available to you than simply getting insurance to pay for the damage to your car. The law may differ depending on what type of insurance policy is used in the state in which you live, but if the other party was at fault in the accident you can seek financial compensation to help pay for your medical bills, as well as paying for wages you might lose as a result of being unable to work due to the injury, and even more complicated financial payouts for other losses you may incur.

Self representation is not recommended for someone trying to get financially compensated for an injury suffered in an auto accident. The truth is that it is just too difficult, as this area of the law can be particularly complex. If you need to protect your family by ensuring that you receive some financial compensation for injuries suffered in a car accident, then you need to become proactive about finding an auto injury expert attorney and moving forward with your suit.

My Wife Is Hospitalized Due To An Auto Accident... How Long Can We Wait To Speak To An Attorney?

Auto accidents can be traumatic physically, mentally, and financially, and there sometimes seems to be no end to the repercussions that a serious injury can have across all aspects of your life. That is why it is very important for you to investigate any options that you may have as far as a lawsuit seeking damages for the injury. There are many personal injury lawyers out there who can help you with this, and help you get compensated for your financial losses, such as lost wages and your medical bills, as well as damages paid for suffering and other similar problems, (in some jurisdictions).

However, many times people wait for one reason or another to contact an attorney after they have had their accident, and then are no longer sure if they still have any legal recourse should they decide that they wish they had pressed the matter. This is why people wonder about how long they have after an auto accident to make a court case regarding the injury. The amount of time between when any incident occurs and when it is no longer legally relevant is called the statue of limitations. Once that amount of time has expired, you would no longer be able to make a case.

The statue of limitations on auto accident injury claims is different in every state. For example, in the state of Virginia, you could have up to two years to purse damages through a lawsuit in regards to an automobile related injury. Because this is a flexible number from state to state, your best bet is to always simply contact an auto injury lawyer as soon as possible to discuss both possible courses for you to pursue, as well as learning about the statue of limitations on car accidents in your region.

Our Family Was Involved In an Auto Accident, and the Insurance Company Wants To Write Us a Check

When a family is involved in an auto accident, there is always what seems like a never ending amount of paperwork to be filled out, and the legal matters can get extremely confusing in the best case scenario. If your family has been injured due to the actions of another party, you are able to sue that party for the financial damages incurred by your family, which includes both lost wages and medical expenses.

There are several things that may happen after you start pursuing damages sustained in an injury. One of those things is that the insurance company may offer to pay you a settlement immediately in order to waive any future financial responsibility in the matter. However, this is a very large mistake, and you shouldn't allow yourself to be pulled into this trap that the insurance companies have laid for you.

The reason that this is a trap is that it can take many months for doctors to fully assess the extent of an injury, and to decide how your ultimate prognosis might affect your ability to work in your chosen profession in any way. All these factors can affect the amount that you would ultimately be owed, so the strategy of the insurance company is to pay you a large upfront some in order to save themselves money in the long run in case more damages are assessed or your injury is discovered to be be greater than was previously imagined. This can lose you a great deal of money in many cases. In any case, no matter the amounts involved, never accept a settlement without consulting with an auto injury attorney at the very least, in order to make sure that you are accepting a fair amount, or if you are actually going to be entitled to much more money in the long run.

My Auto Accident Injuries Won't Allow Me to Continue Work at My Current Job

For many people, their job is entirely dependent on their body. Millions of people across the country work in jobs that involve severe physical labor and it is easy to see why an injury in an automobile accident might prevent a farmer, a machine shop worker, or a carpenter from being able to work. However, the nature of injuries which prevents people from working can be much more insidious than you first realize, and almost everyone is vulnerable. Someone whose back is hurt in an injury may find it very difficult to sit in a desk all day, someone with a broken leg would no longer be able to work retail, or you can even look at a more extreme example such as a surgeon whose hands became damaged.

In the cases where you can no longer continue to work at your job because of an injury received in a traffic accident, you will certainly have a good chance of being able to try and sue for lost wages due the injury you received. When you are unable to work, for any reason, it puts an extreme amount of stress on you and your family. However, when this leaves you unable to even return to your current employment, especially if you are unskilled for anything else, it leaves you in a very tight position. Luckily, there are a number of auto injury attorneys who are specialists in this area of the law and can do everything in their power to try and get you the compensation you deserve.

The important thing to do in this situation is to speak to a lawyer directly. Depending on the nature of both your injury and the accident itself they will better be able to advise you as to how best to proceed to ensure the maximum benefit possible for your family.

If Someone Borrows My Vehicle and Gets into an Accident, Am I Responsible?

People often wonder about lending cars to people and how this affects potential insurance situations in the event of an accident. The truth is there is no easy way to answer this, as it is entirely based on a policy by policy basis. There are many different types of auto insurance and many different ways in which your carrier may have structured your individual policy. However, it is important to realize right away that this means that there are situations where a borrowed car would be covered, as well as the driver, and those where they would not be. This is why it is always safest to contact your insurance provider directly in order to find out what kind of a policy you have in that regard before you lend out your car for the first time.

There are some insurance situations where your insurance will pay for the necessary benefits, but the driver’s insurance can also come into play. There are also situations where, if you do not have someone listed on your policy for the purpose of driving your car, then your insurance may not cover them and you may have to rely on any applicable insurance of the driver instead. This will also be different in states which have no-fault insurance, which can further complicate this kind of manner.

Regardless of the intricacies of insurance, in most states, if the person that you lend your vehicle to gets into an accident and there are injuries involved, you could be held liable because the vehicle is in your name. What this means is that you could be sued for damages if your insurance or the driver’s insurance doesn’t cover all of the damages. A skilled attorney would be a wise choice to call into the matter. You might be involved in a law suit with the injured party, but you may be able to shield yourself from a devastating loss with a good attorney. In fact, that same attorney might even be able to help you recover some of those funds from the individual that got you into the situation in the first place – the person you loaned the car to!

If I Am Injured on the Racetrack, Can I Sue the Track?

Many individuals work in the racing world. NASCAR, Formula One, IndyCar Series (once called CART), A1 Grand Prix, GP2, and various other racing series have achieved worldwide notoriety over the last 20 years. Hundreds of thousands attend the live race, while even more cheer on their favorite driver on television. The high speeds and intricate turns keep fans eyes glued to the track as the drivers cleverly maneuver their vehicle around the track. Unfortunately, accidents in this sport happen in almost every single race. At the average speed of 185, and many drivers surpass that, a driver could face multiple life threatening injuries in the event of an accident.

Unfortunately, drivers that choose to race on practically any given racetrack are said to be “assuming the risk”. This means that the driver realizes that what they are doing is dangerous and potentially life threatening but choose to do it anyway. These drivers usually sign a waiver prior to competing on the track. The waiver releases the track from any responsibility should injuries be incurred by the driver.

Now it all seems to look somewhat cut and dry at this point but looks can be deceiving. There are events that could allow a driver to sue the track, regardless of a signed waiver. For instance, if the track willfully allowed drivers to compete knowing that a portion of the track was in disrepair, the track could be sued.

Think about it; a vehicle traveling at speeds of 200mph hits a buckle in the track. At these speeds, it would be difficult to avoid, let alone control the vehicle once it made contact with the failed portion of track. Now, the owner of the track is supposed to ensure that it is meticulously maintained because they are aware of the speeds that these vehicles will be reaching while on their track, but they did not. The result could be a terrible accident that leaves one or more drivers seriously injured and out of work for nearly an entire year. So would this be a valid lawsuit? Absolutely. The track owner’s negligence deems them potentially liable for damages to not only the vehicles, but the drivers as well, if negligence can be proven.

As is the case with most injury suits, a skilled attorney is always recommended. You can discuss your options freely and find out exactly what you may be entitled to.

A Vehicle Hit Our Home and Injured A Member Of Our Family – Who Pays?

It can be confusing, to say the least, when a legal matter occurs that seems to involve overlapping or conflicting areas of the law or insurance. A perfect example of this is when a runaway vehicle crashes into a home; injuring someone. Many people are immediately confused as to whether this is something that they have to look at home injury insurance for compensation, or towards the auto insurance policy of the driver who crashed into the home. Understanding insurance seems difficult in the easiest cases, and this type of situation would be far from easy.

The truth is that this is obviously going to be the fault of the driver of the car, as your house did certainly not leap out in traffic and smash into the front of a car. That means that you are entitled to potentially sue the driver of that vehicle for the damages sustained as a result of the injuries to your family. This might not sound like a very common situation, but the sad truth is that it happens many more times that you might imagine, and there are auto injury lawyers who have familiarity with this type of case and will certainly be able to help you.

That is the most important thing in a situation like this – that you contact a lawyer who specializes in receiving payments for auto injuries. Whenever someone is injured there are always going to be medical bills, and these can mount faster than you can imagine at times. In other situations, the injury may create a loss of wages or work for someone in the family, something that in these hard times can be incredibly taxing for a family. That is why you need to seek out an attorney to be sure that your family is taken care of if they are hurt due to the reckless actions of another.

My Spouse Was Killed In an Auto Accident but the Person Had No Insurance, What Can I Do?

Unfortunately, when these types of situations take place there become very few options to the people who are struck by these tragedies. If another party is at fault in an accident which kills your spouse, and they have no insurance, you can certainly try to sue them, but you should always seek legal advice in this regard. Many people don't have the means to payout, even if you were to win the suit, so this might not always be the most advisable route for you to take.

However, it is important to think about the things that you can do BEFORE this type of situation occurs, and to make sure that others know about these options in case they should ever find themselves in this kind of a situation. The options available to you, first of all, are always going to be based both on the insurance laws of the state you live in, and the policies which you elect to purchase. As an example, states with no-fault insurance might have other options that we aren't going to present you with here.

However, there are many states which offer a specialized type of insurance that protects you specifically against being in an accident with a person who is uninsured or underinsured. Not all states offer this type of insurance but, in those that do, it is seriously worth considering. The added cost is well worth it because the consequences can be much worse if you ever find yourself in a situation where that type of insurance would have been useful and you elected not to take it. Save you and your family that trouble by always carefully investigating what options you have to protect against damages and injuries caused by uninsured drivers in your state. There may also be different degrees of these policies such as those which do include specific death benefits.

My Husband Was Hit By a Drunk Driver and I Cannot Support Our Family on My Income Alone

It is an unfortunate part of the reality of the automobile age that people are frequently hurt and even killed in car accidents. The emotional devastation a severe injury or death can have on a family are indescribable to one who has not experienced it themselves, and no amount of money can make some of those hurts go away. However, the financial pressures that such a situations can place on a family are huge, and even if they laws cannot remove the emotional suffering itself, there are laws in place to help provide people who are hurt, or who have loved ones hurt, in this manner to receive financial compensation.

Drunk driving is certainly not going to make a person exempt from you receiving damages from the accident, and if anything may leave them more culpable, as it is a serious crime in every state. It is possible for an auto injury lawyer to seek financial recompense for you and your family. This includes money which will cover the cost of any medical or funeral expenses, as well as lost wages and other financial losses.

The ability to seek payment for lost wages can be incredibly important for some families. Imagine the situation of a stay at home parent with one working parent, a single income family, especially if they have more than one child. Now, if that working parent become injured and can no longer support the family, the outlook could be incredibly grim for that family if they had no way of trying to receive support. That is why if your spouse is hurt in an auto accident, you should always seek legal help right away, as an attorney will let you know what legal recourse you have available to you in terms of seeking payment not only for the medical expenses but also for loss of income.

What States have Helmet Laws?

The helmet laws in the United States for Motorcycle riders are set by the individual states. The only national law that comes into play is the fact that, when a state requires a rider by law to wear a helmet, they must wear one which is sanctioned by the department of transportation as being a safe enough helmet to meet the safety guidelines.

As the helmet laws are set from state to state, they can be quite different from each other. However, it is safe to say that most states have at least some form of a helmet law. The only states which have no law whatsoever governing the wearing of a helmet while on a motorcycle are Iowa, Illinois, and New Hampshire. All other states have some form of a motorcycle helmet law.

From there, the motorcycle laws can be divided into two groups, those which require ALL riders, regardless of age, to wear a helmet at all times when riding a bike and those which require only riders of a certain age to wear a helmet. The universal helmet states, which have laws that force every motorcycle rider to wear a helmet, include Washington, Oregon, Nevada, California, Nebraska, Missouri, Louisiana, Mississippi, Alabama, Georgia, Tennessee, Michigan, North Carolina, Virginia, West Virginia, Maryland, New Jersey, New York, Vermont, and Rhode Island.

All of the states which have not already been mentioned have some kind of partial helmet law. Typically, these require that everyone under a certain age must wear a helmet, while for those over the age limit are left to their own judgment. States are divided into two different ages for helmet laws. Some states require all riders 17 and under wear a helmet, such as Arizona, while other such as Arkansas require that all riders 20 and under wear a helmet at all times when riding a motorcycle.

Tips for an Auto Accident

Having a car accident can be traumatizing. Well after the initial shock of impact, much of an accident victim’s anxiety comes from worrying about potential injuries, the state of the damaged vehicle, and dealing with an insurance company. Record keeping is an essential part of minimizing this anxiety. In any legal matter, the strength of your case depends on the nature of your evidence. Dealing with your insurance company is a legal matter, and so the document gathering and record keeping process is essentially the same.

The first step in the record keeping process begins immediately after your accident. Always record all information about the accident, including the date/time, the location, a description of events, a description of damage to your vehicle, and a description of damage to the other vehicle. It is now exceedingly common for drivers to own smart phones with cameras built into them. If you happen to have one of these at the time of your accident, take pictures of both cars, the location where the accident took place, and any other evidence (such as skid marks on a road).

It is also important to take down the contact information for the driver of the other car. This should include his/her name, address, driver’s license number, phone number, and the extent of any injuries caused by the accident. Additionally, before you leave the scene of the accident, note the contact information of any witnesses to the crash. Write down their names, addresses, driver’s license numbers, phone numbers, and any relevant additional information.

After you leave the scene of the accident, when you can get to a proper camera, it is important to take pictures of any injuries you may have suffered. Pictures are difficult to argue with, and they concretely demonstrate the severity of an accident. This is especially important if you have to undergo any surgery due to accident injuries. Some lawyers even recommend taking video of yourself in cases where everyday tasks have become more difficult due to your accident injuries. Sometimes demonstrating the complication that these injuries have brought to what used to be a simple task, such as doing laundry, can be a powerful way to relate the severity of an accident to insurance claims adjusters and jurors.

If your insurance company requires you to see a physician to have your injuries evaluated, always request your full medical file from the physician’s office. Keep your own records of all visits to your own physician and any specialists you may see. Also keep track of all billing for these visits and how the costs were covered.

Finally, when you speak with your insurance company, keep a record of all phone conversations. This record should include the date and time of the phone call, the topic that was discussed, and any agreements that were made. It should also include the name of the person speaking with you, and any reference numbers they provide you for these conversations. Keeping these comprehensive records make it more difficult for insurance companies to deal with you unfairly. Should your claim go to trial, this record keeping will also be very useful for the attorney representing your interests to build a compelling case.

How do I file a Claim for My Auto Accident Injury?

After any kind of an auto accident there can be a lot to think about. Once the obvious concerns are taken care of and you've made sure everyone okay, everyone's thoughts inevitably turn to the insurance concerns which must obviously be taken care of in all cases of a collision. However, most people aren't sure what they have to do to file an injury claim. Here are some steps to take when filing an insurance claim.

If you have been injured in an Auto Accident, the first thing you should do is contact a personal injury layer. The problem with trying to file a claim yourself with an insurance company is that there are many loopholes and back doors to even the simplest insurance policy that a non-expert would be totally unaware of. If you have been injured in an auto accident, in many cases you will be entitled to compensation for that injury, especially if the other driver was at fault. However, their insurance company may try to avoid paying out this claim which is why you need the services of a personal injury lawyer.

Whether you make your claim through a personal injury lawyer or if you decide to try and make your claim yourself, the important things remain the same in any insurance claim. Be sure to obtain all relevant information from the other driver about their insurance carrier and their contact information. Take detailed notes of what happened and about what the damage at the scene was. Also, if you have a digital camera, taking pictures of the scene immediately after the accident can be very helpful whether or not you contact the insurance carriers directly or if you decide to utilize the services of a personal injury lawyer. You may also want to obtain the contact information of anyone who was a witness to the accident.

Auto Accident Claims Can Be Difficult

For those individuals who have been involved in an auto accident before, you already know the struggles of filing an auto accident claim. Of course, there are many individuals who have not yet had to face the difficulties of filing such a claim. Many people just don't realize the utter frustration of it all.

When you file an auto accident claim, your information is provided to the other individual's insurance company for investigation and approval. What many of these insurance companies then attempt to do is call the victim. If you answer that call and speak with that auto insurance company's attorney, you will likely be asked a variety of questions regarding your claim; some of which could easily be misleading. Instead of just clarifying the instance, the attorney could be building up defense for the insurance company. You see, an attorney is hired to represent the interests of his or her client - not the interests of the opposing party.

In most cases, the insurance company's attorney will likely call again. Sometimes it is to offer a settlement - one that is usually much, much lower than what you are actually entitled to - but sometimes it is to try to get more information. Worse yet, if you are not knowledgeable of the law, you may not understand the questions that are being asked.

If you retain the services of an attorney, they can even check your claim forms, prior to you sending them away, to ensure that you have filled everything out properly. Your attorney can also be forwarded any telephone calls from the insurance company so as to ensure that your rights are preserved. The point is that, if you have a knowledgeable attorney on your side to represent your best interests, you will not be taken advantage of by the insurance company.

I've been Hurt in an Auto Accident - What Now?

You hear the screech of the rubber behind you. You know that sound; it’s the tires of someone’s vehicle trying to stop at the last minute. You look up into the rearview mirror just as their vehicle comes crashing into yours. The impact is so forceful that it forces your vehicle into the intersection ahead and you are hit from the side by another driver who was just as surprised as you were.

You know that you are hurt, but you aren’t sure how bad because the adrenalin is rushing through your body, temporarily numbing you to what just occurred. You hear the sirens, you see the flashing lights, and your body starts to allow you to feel the pain. You were just injured in an auto accident. What are you going to do now?

When you are injured in an auto accident, the first thing to remember is to assess your injuries before you ever think about moving. If you are conscious, you can tell someone where the pain is – even if you are unable to see the area that the pain is coming from, which is often the case when a limb is pinned within the twisted metal of a vehicle.

If you are injured, but able to move, you should try to remove yourself and any passengers from the vehicle. Accidents often cause punctures in several fluid reservoirs, including the gas tank, and you don’t want to be in a vehicle that is leaking anything flammable.

Once you and your passengers are safely away from the vehicle, you need to either call, or ask someone else to call 911 so that the proper individuals will be dispatched to the scene. You should then assess the situation and help any other individuals who were involved if possible.

Many auto accident injuries require several visits to doctors and some even require surgery. With all of this comes loss of work and likely the inability to care for your family during your recovery. You are entitled to compensation for this, which is why you should contact an attorney immediately.

10 Motorcycle Accident Fact - National Motorcycle Awareness Month!

In celebration of National Motorcycle Awareness Month, we've put together this top 10 list.

These facts represent research which has proven many trends in motorcycle accidents. By being aware of these trends and statistics you can take the necessary action that you need to in order to ensure that you stay safe while on the road.

1.Three quarters of all motorcycle accidents involve another vehicle. These are almost always a regular car or truck, not another motorcycle.

2.A full half of motorcycle collisions which are fatal involve alcohol.

3.The most common cause of an accident related to vehicle failure is a punctured tire.

4.Most motorcycle accidents involving another vehicle happen because the other driver doesn't notice the motorcycle.

5.Most of the motorcycle accidents involve people who are self taught or have no training. Generally, those with training are in a fewer percentage of accidents.

6.Motorcycle accidents increase in severity the faster the bike is going, the larger the motorcycle is and the more alcohol that is involved.

7.The single largest thing that a motorcycle driver can do to reduce the significance of an injury while riding is to wear an approved safety helmet. Full helmets with face shields are the most effective at preventing serious injury.

8.The most common location of motorcycle accidents is in intersections. The most common intersection accident scenario is when a motorcycle is proceeding straight through the intersection and another vehicle turns left in front of them.

9.A large number of motorcycle accidents show evidence that the driver applied incorrect techniques to avoid the collision. This refers to the overuse of the back brake and the under utilization of the front break which leads to the skidding of the rear wheel.

10.One of the common trends in motorcycle accidents is that the driver of the motorcycle was not paying full attention to driving at the time of the accident.

Reference:

http://www.newyorkbikerlawyers.com/top-motorcycle-accident-causes.html

Top Ten Things to do Immediately After an Auto Accident

These ten tips will help to ensure that if you are unfortunate enough to be in a vehicle collision that you deal with the situation as quickly and as efficiently as possible. These can help you avoid many difficulties with legalities and insurance down the road, so be sure to follow as many as you possibly can, depending of course on the specifics of your situation.

1. This is a pre-accident tip. ALWAYS keep your registration and insurance information in the glove box so that you have a copy at the scene of the accident. This is essential.
2. Check for injuries immediately following the accident. Insurance can always be sorted out later, and human safety always needs to be the number one priority.
3. Turn the hazard lights on in all involved vehicles to prevent further accidents.
4. If the accident is only a minor fender bender, after injuries are cleared, move the vehicles to a safe location so as to not cause any further traffic accidents.
5. Call the police. The authorities always need to be notified in the event of any traffic accident, even a minor one.
6. Swap all essential information with the driver of the other vehicle. This includes names, addresses, driver’s license and insurance information.
7. Do not try to assess blame or fault. Leave that to your insurers and the police.
8. Report the accident to your insurance company. It doesn't matter if the accident is larger or small, it will be in your best interests to directly report the accident to your insurance company as soon as you can with all of the details of the collision.
9. If possible, take a picture of the accident scene.
10. Try to not be the first person to leave the scene of the accident.
    

References:

http://www.statefarm.com/insurance/claim_center/auto/ins_claims_auto_afteraccident.asp

http://articles.moneycentral.msn.com/Insurance/InsureYourCar/WhatToDoAfterACarAccident.aspx

Auto Accidents Happen, Be Prepared

More than 18 million auto accidents occur each year. On average, that is 49,315 accidents per day. Therefore, the likelihood of being involved in an auto accident is much greater than that of any other form of transportation.

Auto insurance does protect the majority of us in the case that an auto accident should occur; however, there are many individuals who have elected to carry only liability insurance. This choice makes the allowable coverage available for victims relatively low. Then, there are also the individuals who disregard the law and choose not to carry any auto insurance at all.

Unfortunately, if you are involved in an auto accident and are lucky enough to only sustain even somewhat minor injuries, an individual who has only liability insurance may not have enough coverage available to pay for your medical expenses. Worse yet, if you are involved in an auto accident and the person at fault has no auto insurance coverage at all, you may be forced to foot the bill for any medical expenses that are incurred as a result of your sustained injuries.

In such instances, there is a way to protect yourself. Seeking the services of an attorney who specializes in auto accident claims can help to ensure that you will receive the proper compensation for your injuries as well as any damages to your vehicle, providing that the accident was no fault of your own.

It is always wise to contact an attorney in such instances because an insurance company is going to attempt to get you to accept as little as possible for your injuries. Your auto accident attorney should be one that you feel comfortable dealing with. Further, if your injuries are severe, your attorney can come to you and then act on your behalf to file your claim.

Don’t deal with the insurance company on your own. Instead, enlist the help of an attorney who has been involved in cases like yours before. They can get you the compensation that you truly deserve.

Should I Seek Legal Representation for My Auto Accident Injury Claim?

An auto accident occurs every 2 seconds in the United States alone. Of the vast majority of auto accidents that occur, about 64% result in someone being injured, whether minor or fatal. In 2005, auto accidents in the United States resulted in about a $625 billion dollar cost, which averages about $5,500 for each household. Keep in mind that this cost was for injuries and fatalities but does not include the costs associated with auto accidents in which no one was injured.

Of course, every auto accident is different. Individuals choose their own auto insurance coverage, and some choose none at all. Therefore, the amount of monetary compensation that a person’s insurance may be able to provide you if you are injured due to their recklessness could be limited, if any. In fact, there are several instances where a person’s insurance coverage is not enough to cover the victim’s medical bills. In this instance, there really is no way around it. This would be the point where a skilled attorney is definitely needed. There are just some areas that the average individual should not attempt to traverse alone and unaware. That is, unless of course, you want to foot the bill for the remainder of your medical costs.

Those individuals that sought legal help for their auto accident injury claim received, on average, 38% more in monetary compensation than those individuals who chose to deal with the insurance companies on their own. This fact alone should be more than enough to validate the statement that an attorney is very valuable in such circumstances.

In short, the choice to retain legal representation is yours. However, statistics show that individuals who do have an attorney working for them fare much better than those who do not. If you do choose to hire an attorney, make sure that you are comfortable with them. A good attorney should not only be sympathetic to your needs, they should be looking out for the best interests of you and your family.

Insurance companies are supposed to protect you when unimaginable things happen. If you lose you have a car accident, hurricane damage or homeowner liability. When you have a claim one of the first things you do is contact your insurance company policy. The first thing an insurance company does is to assign a claims adjuster to your case. Adjusters make the decisions on whether your claim is covered under the policy of insurance, whether to believe you, how much they should pay and how much they think they can pay based on the person making the claim, for example, the age, sex, education and past experience with claims. Of course this is unfair and it’s wrong that a claims adjuster would cheat a senior citizen or a young single mom, but the do.

Regardless of the experience, education, age, sex and any other factor, anyone with an auto accident claim should contact an auto accident lawyer immediately after having an a car wreck or any other insurance claim. We've got some more info for you over here too.

You should remember that insurance companies are an industry whose profits depend on not having to pay out on policies. There has been very little research on how these adjusters make their decisions. One study done in 2003 published in the Journal of Risk and Insurance examined claims adjuster practices and found inequities in the way that claims adjusters make their decisions. Sometimes these inequities are driven by a desire to avoid paying out on a claim. Other times, they are based on stereotypes surrounding gender and age. Like any negotiation claims adjustment discussions are highly influenced by how the adjuster views himself or herself, and how he or she views the claimant. This is a primary reason to consult an auto accident attorney after an accident.

Gender bias is one of the more common tactic of claims adjusters, whether the adjuster is male or female. The avoidance of risk or chance taking plays a great role in how successful a negotiator can be. People who do not like taking on risk are less likely to have a successful negotiation. This is because the emotional and psychic cost to a risk-averse negotiator is usually greater than the financial sum they will receive at the end of it. Simply put, they don’t want to deal with the headache of arguing with their insurance company. Negotiators who are willing to take on more risk are usually rewarded at the end of the negotiations with a greater financial payout. To these people, there is less emotional cost to negotiating and therefore a larger check at the culmination of the process is worth the risk. Generally, women are perceived as more risk-averse negotiators. Men are seen as typically more aggressive and willing to take on more risk for the possibility of a large pay out at the end of the negotiation. However, men also need to contact a personal injury lawyer after an accident primarily because of the disparity of knowledge between a consumer and an experience claims adjuster.

The elderly are another group of claimants who are seen as weak negotiators. Studies show that claimants above the age of 65 show a greater risk aversion than others. The elderly often have a more physically or emotionally fragile situation than younger claimants, making the cost of negotiation inherently higher and more taxing. When elderly claimants are involved in a vehicular accident situation with a younger claimant, claims adjusters assign more risk to the claimant who is over 65. The family of an elderly person should talk with them and help them find a reputable personal injury lawyer to handle a sometimes complicated settlement practice.

Claims adjusters, arguably are like all human beings, are influenced by perceptions and views that are not necessarily in their conscious thought process. Because these perceptions are never formally recognized in any company policies or procedures, they are very difficult to trace. Yet they can have a largely disparate impact on the daily lives of Americans. The same set of circumstances can lead to different payout results depending on the gender, age, or geographic location of the insured. It is imperative that consumers are aware of these discrepancies when negotiating with their insurance company, and are able to competently negotiate with full knowledge of all the subtle factors involved.

Insurance companies have set procedures and policies by which claims adjusters must abide when negotiating with claimants. However, in an effort to close files, resolve contentious negotiations, and save money for the company, adjusters develop unwritten rules of thumb that they use to make decisions. For example, a common rule of thumb when negotiating a vehicle accident is to assign fault to the driver of a car that rear ended another car. It is assumed that the car in the back of the crash could have avoided it someone. Claims adjusters rarely investigate whether the car in the front stopped too soon and caused the accident. Rules like this are usually enforced when the cost of negotiating is more than the amount of money at stake. With this kind of economic incentive, these rules become part of the culture of the claims adjustment, but are never officially adopted as standards or policies by the company.

State laws can also affect the way that claims adjusters are biased in a negotiation. In the United States, there are three different models for negligence when allocating fault. The first is the “50 percent comparative negligence rule.” According to this rule, in order for a plaintiff to collect damages against a defendant, the plaintiff should be no more than 50% at fault in the incident. The second is the “49 percent comparative negligence rule.” States that use this rule legislate that a plaintiff can only recover damages if he or she is less at fault than the defendant. That is, the plaintiff bears no more than 49% of the fault in the incident. Finally, some states use the “pure comparative negligence rule.” States that use this rule assign a percentage of fault to each party involved in the incident, and claims are paid out accordingly. For example, if a plaintiff were 60% at fault in a car accident, in a comparative negligence state, he or she would be entitled to 40% of the damages.

Research has shown that insurance companies charge higher rates in states that use the pure comparative negligence rule. In these states, the insured defendants are also assigned a greater percentage of the fault. These statistics are driven by a rule of thumb used by claims adjusters. When an adjuster in a pure comparative negligence rule state negotiates a claim, the best way to avoid a significant payout is to assign as much fault to the claimant as he or she can. In a state that follows the 49% or 50% comparative negligence rules, the claims adjusters do not have to analyze and assign fault in as much detail to avoid paying out on the insurance policy. Therefore, these insurance adjusters typically assign less fault to the claimant once they are sure that the insurance company will have to pay out on the policy because the threshold for fault has been met.

All of this to say, that settlement of auto accident claims is more complicated than you think. You should at least phone a lawyer and ask questions before you decide not to hire an attorney. Remember that auto accident attorneys do not charge for a telephone call or office visit and do not charge by the hour. They are only paid when they settle your claim based on an agreed percentage, usually one-third. Attorneys pay for all expenses (which can be significant) and they are reclaimed when the case is settled. Only expenses that help win your case and get you a fair settlement are authorized.

Humble Beginnings

I am starting this blog in hopes of helping people.  The focus of this blog specifically will deal in auto accidents and car wrecks.  Too many times we are taken advantage of by corporations that simply know better.  Sadly - it is usually in the name of the almighty dollar.  An insurance company that refuses to pay your doctor bill after a car wreck, the collision repair center used inferior parts or paint and sometime we are just plain lied to.  

It's a sad situation.

While I do not intend to use this blog as an advertisement for the law firm that I am Senior Partner at - Ogletree Abbott - I do want you to know that if you feel you need help, please contact us.  No money is required.  At bare minimum you will know if your rights have been violated and if you have legal recourse. 

Thank you.