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.

Monday, July 27, 2009

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.

Saturday, July 25, 2009

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.

Friday, July 24, 2009

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.

Thursday, July 23, 2009

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.

Wednesday, July 22, 2009

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.

Tuesday, July 21, 2009

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.

Sunday, July 19, 2009

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.

Friday, July 17, 2009

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.

Wednesday, July 15, 2009

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.

Tuesday, July 14, 2009

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!

Monday, July 13, 2009

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.

Sunday, July 12, 2009

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.

Saturday, July 11, 2009

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.

Thursday, July 9, 2009

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.

Tuesday, July 7, 2009

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.