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.
Showing posts with label auto accident lawyer houston. Show all posts
Showing posts with label auto accident lawyer houston. Show all posts
Wednesday, August 5, 2009
Monday, August 3, 2009
The Strictness of the New Laws Against Driving Under the Influence
The more we see people driving under the influence the more we see laws tighten their grip on impaired motorists. The ironic thing no one ever talks about is that there are bars, restaurants, and gas stations on every street corner that are filled with alcohol. Then we wonder why people are still drinking and driving. Add all the factors together, no matter what they are, and we see a very serious issue become even more serious.
Many states are adopting methods that make it almost impossible to get out of a DUI and it doesn’t matter if James Garrison is your lawyer. Many states have already put in place a suspension of your driving privileges for a minimum of three months if arrested for a DUI. We have now seen this added to and now we even watch it climb as high as a year just for being suspected of or arrested for driving while intoxicated.
For example, Illinois has mandated a new law that requires you to install and pay for a Monitoring Device Driving Permit (MDDP). This basically requires you to install and pay for a built in breathalyzer that does not allow your car to start unless there is no alcohol in your body. This is a standard procedure in IL since Jan 1st, 2009 and, if you refuse to get the device, you are automatically suspended of your driving privileges for 12 months. Since the beginning of 2009, Illinois has reformed their DUI laws and have made dealing with one result in going to alcohol treatment classes, community service, and spending thousands of dollars.
Most states have different laws pertaining to this subject. For first time offenders, this is typically a misdemeanor and can be charged as a felony if you are charged with a total of three or more. Most states are cracking down on people everywhere across the United States. The more accidents, injuries, and deaths that occur from drinking and driving, the more laws we are going to see. This, in turn, will make the consequences much more severe.
Many states are adopting methods that make it almost impossible to get out of a DUI and it doesn’t matter if James Garrison is your lawyer. Many states have already put in place a suspension of your driving privileges for a minimum of three months if arrested for a DUI. We have now seen this added to and now we even watch it climb as high as a year just for being suspected of or arrested for driving while intoxicated.
For example, Illinois has mandated a new law that requires you to install and pay for a Monitoring Device Driving Permit (MDDP). This basically requires you to install and pay for a built in breathalyzer that does not allow your car to start unless there is no alcohol in your body. This is a standard procedure in IL since Jan 1st, 2009 and, if you refuse to get the device, you are automatically suspended of your driving privileges for 12 months. Since the beginning of 2009, Illinois has reformed their DUI laws and have made dealing with one result in going to alcohol treatment classes, community service, and spending thousands of dollars.
Most states have different laws pertaining to this subject. For first time offenders, this is typically a misdemeanor and can be charged as a felony if you are charged with a total of three or more. Most states are cracking down on people everywhere across the United States. The more accidents, injuries, and deaths that occur from drinking and driving, the more laws we are going to see. This, in turn, will make the consequences much more severe.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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