So you’ve had a traffic accident now what?
Firstly is everyone alright. Preservation of life is far more important than the damage to your precious car, so first get a proper perspective and make sure everyone is ok. If any one is injured call an ambulance immediately. Property can be replaced, people can’t.
If no ones injured then fulfil your lawful responsibilities. Exchange your details. The easiest way to do this is to swap licences and give them a phone number and who your insurance company is.
Do not admit liability. Don’t lose your head and say, “I’m sorry” or “its my fault”. Insurance companies don’t always deal in absolutes in car accidents and partial liabilities may exist at a traffic incident i.e. a 40%-60% split, 10%-90%, etc. You will not help by talking when the adrenalin is pumping and saying something that may not help later in court.
If you have comprehensive insurance breath easy. Your next step is to inform your insurance company either by phone or in person to complete their required paperwork. They may ask you to go to the police station. Why? Because its makes their job easier. Insurance companies pay to have access to traffic incident reports and if the Police do an investigation it saves them having to do their own and saves them money and possible unneccessary litigation with other insurance companies/parties. If the police determine who is at fault (liability) then the insurance companies don’t have to argue with each other about who should pay. Problem is if Police investigate an accident and your at fault you may also cop a ticket or court appearance and get a fine or lost of licence. So before you go down to the Police station, consider if it has to be reported. If the accident involves an injury, then you are required by law to report it within 48hrs. Also if a vehicle had to be towed or people failed to exchange details, Police may need to be involved, otherwise, if you don’t have to report it, save time and don’t.
Once you have made your insurance claim sit back and let your insurance deal with chasing the other party for the money. Or if you are at fault, pay the excess and let the your insurer deal with it. If the other party contacts you personally refer them to your insurer and tell them not to contact you again.
Now if you don’t have insurance you have a problem. If your not at fault you need to send a letter of demand to the other party for the costs of your repair. If they fail to respond then you need to go to the small claims court, pay a small service fee and set the matter to be heard before a Magistrate. You give your version of events and they give theirs and the Magistrate determines appropriate compensation. If they fail to pay the sheriff can seized property to force payment.
However there can be numerous problems with this. Firstly its time consuming, also if the other party is a dead beat there will be no money and likely never be any money so you will be out of pocket. If your at fault and you have no insurance then you can be liable for the other vehicle and have your future earnings garnish for years, poor you if you hit a Rolls Royce, say goodbye to your dream of home ownership.
LESSON:- always have car insurance – preferably comprehensive. Less stress, less hassle. If you cars worthless at least have third party insurance to cover you hitting someone else. Don't confuse the third party insurance or CTP on your car registration with normal third party. This only covers injuries to other persons you might cause, it doesn't cover damage to other vehicles and property.
(Whilst this is applicable to Qld, Australia, the general principles would apply to most countries. This article should not be interpreted as legal advice or expert insurance advice).
Article Source:http://EzineArticles.com/?expert=Alastair_Harris
Tags:traffic accident,string cheese incident,incident
Thursday, June 28, 2007
Tuesday, June 26, 2007
Car Accident Damage
Everyone at one point or another has been, or will be involved in an auto accident. Many of the car accidents will result in injury or property damage. It is very important to know what you need to do in case you find yourself in that type of situation. If you have been in an accident in which you were hurt, or sustained property damage, you might be able to file a claim in order for you to be compensated for your loss.
Filing a Claim
Filing a claim with your insurance company can be a very difficult and long process. It is your responsibility to have all the necessary materials and paperwork ready to make the process faster.
The most important step of filing a claim with your insurance policy is to obtain a copy of the police report. It is also very important to know what type of policy you have, as well as what type of coverage is provided to you by your insurance policy. Your next step is to obtain estimates from auto shops for repairs to your vehicle. It would be helpful if you obtain more than one from different shops. If your car is considered totaled, you will need to get at least three estimates in order for you to file a claim with your insurance company. You should then present these estimates to your insurance agent. It may then be necessary for an insurance agent to inspect your car before they can approve your claim.
Important Tip
Dealing with insurance representatives can be very frustrating. There is nothing wrong with being persistent with your insurance company, but you should also remember to remain polite. Losing your patience and becoming rude can result in you losing compensation for what you would normally be entitled to.
Warnings
The value of the car is constantly depreciating due to many factors. High mileage cars are generally worth less than an identical car with less mileage. When determining the amount of compensation you will receive, they will do so using the current value of your car. You should not expect to receive the amount you spent to purchase the car.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:http://EzineArticles.com/?expert=Kent_Pinkerton
Tags:damage,liver damage,drunk driving
Filing a Claim
Filing a claim with your insurance company can be a very difficult and long process. It is your responsibility to have all the necessary materials and paperwork ready to make the process faster.
The most important step of filing a claim with your insurance policy is to obtain a copy of the police report. It is also very important to know what type of policy you have, as well as what type of coverage is provided to you by your insurance policy. Your next step is to obtain estimates from auto shops for repairs to your vehicle. It would be helpful if you obtain more than one from different shops. If your car is considered totaled, you will need to get at least three estimates in order for you to file a claim with your insurance company. You should then present these estimates to your insurance agent. It may then be necessary for an insurance agent to inspect your car before they can approve your claim.
Important Tip
Dealing with insurance representatives can be very frustrating. There is nothing wrong with being persistent with your insurance company, but you should also remember to remain polite. Losing your patience and becoming rude can result in you losing compensation for what you would normally be entitled to.
Warnings
The value of the car is constantly depreciating due to many factors. High mileage cars are generally worth less than an identical car with less mileage. When determining the amount of compensation you will receive, they will do so using the current value of your car. You should not expect to receive the amount you spent to purchase the car.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:http://EzineArticles.com/?expert=Kent_Pinkerton
Tags:damage,liver damage,drunk driving
Friday, June 22, 2007
Car Accident Law Firms
Every state has its own laws regarding car accidents and the various facets involved in them like litigation and insurance. Though the basic frame is the same all over the U.S., the variations in the laws are state specific, with a lot of them being unique to a particular state. Hence, it is essential for someone to hire good car accident law firms to represent him or her in case of an accident.
Car accident law firms specialize in fighting accident cases. What this means for the victims is that there are specialists who have the skill and expertise to fight car accident cases. These specialists know the ins and outs of the pertaining legalities. Victims will get a better representation in court and a better deal from the insurance firms. Not only will the attorneys fight tooth and nail for a ruling favoring the client, but will also negotiate with the insurance company to get the best possible compensation for the victim.
Not surprisingly, statistics show that car crash victims represented by car accident law firms often win more than three times the claims from the insurance companies.
The reason for this is that a car accident often involves many of complex issues that include various parties with an intricate connection existing between them. There are a lot of things that determine the final outcome of such a case. Only a car accident law firm knows well how each issue will impact each case individually.
Car accident law firms are aware of the tricks played by insurance firms. This means that they have garnered an expertise in beating them at their own game and at settling the cases fast, thereby avoiding prolonged litigation.
It is in the best interest for someone involved in a car accident to hire a car accident law firm and increase the chances of getting the best of the deal.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:all about your car
Tags:car accident,car accident lawyer,neko case,case
Thursday, June 21, 2007
Car Crash Recovery
The most common time people get injured the most is during a car accident. Even the most minor crash can result in major problems, even permanent disability in some people. Being involved in a car accident can be a very traumatic experience. People suffer from injury as well as property damage. Sometimes these types of experiences can cause a person to suffer from emotional distress.
Car Accident Statistics
Car accidents are the leading cause of injury and death for people between the ages of 6 and 27. In 2004, there were over 6 million reported cases of auto accidents in the United States, and over half of those resulted in serious injury. Nearly 38 percent of those car accidents with fatalities involved alcohol consumption.
How to Recover from a Serious Car Crash
Most Americans do not receive everything they are entitled to when filing a claim. This is because they do not really know how much they are entitled to. Insurance companies will always try to get away with paying you as little money as possible. Hiring a personal injury attorney will help you greatly in situations where you are unable to get what is coming to you.
An attorney can help you a lot with your situation if you are involved in an accident. They can help you gather evidence, interview witnesses, and make sure that you receive adequate medical care. This by itself will allow you to recover quickly and with proper attention from a medical professional. Understanding the law will help you further your case, ensuring that you have the proper funds to pay for your medical needs,and adequately compensate you for lost income due to your injury.
Sometimes the injuries caused by an auto accident cannot be easily seen. Auto crashes can sometimes cause mental injury that can be as detrimental as a physical injury. Receiving your full claim will allow you to obtain assistance from a mental health professional.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:http://EzineArticles.com/?expert=Kent_Pinkerton
Tags:recovery,car accident,car crash
Car Accident Statistics
Car accidents are the leading cause of injury and death for people between the ages of 6 and 27. In 2004, there were over 6 million reported cases of auto accidents in the United States, and over half of those resulted in serious injury. Nearly 38 percent of those car accidents with fatalities involved alcohol consumption.
How to Recover from a Serious Car Crash
Most Americans do not receive everything they are entitled to when filing a claim. This is because they do not really know how much they are entitled to. Insurance companies will always try to get away with paying you as little money as possible. Hiring a personal injury attorney will help you greatly in situations where you are unable to get what is coming to you.
An attorney can help you a lot with your situation if you are involved in an accident. They can help you gather evidence, interview witnesses, and make sure that you receive adequate medical care. This by itself will allow you to recover quickly and with proper attention from a medical professional. Understanding the law will help you further your case, ensuring that you have the proper funds to pay for your medical needs,and adequately compensate you for lost income due to your injury.
Sometimes the injuries caused by an auto accident cannot be easily seen. Auto crashes can sometimes cause mental injury that can be as detrimental as a physical injury. Receiving your full claim will allow you to obtain assistance from a mental health professional.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:http://EzineArticles.com/?expert=Kent_Pinkerton
Tags:recovery,car accident,car crash
Wednesday, June 20, 2007
How Much Car Insurance Do You Need?
The amount of car insurance you require will depend on several factors. The value of your car, whether your vehicle is financed or you own it, the age and type of car you own, and the state you reside in will all factor in deciding how much insurance you need. Another reason you might require more insurance is if your car has enhancements added that were not put on when the car was manufactured.
If your vehicle is new and in top condition, full coverage insurance is the best bet if you own it outright. This will cover the cost of providing the money to purchase another car in the same condition should you be in an accident that totals your car. Most finance companies require you to carry full coverage insurance. They like to make sure they will get the amount they lent for the purchase of a car back should it be totaled in an accident. If you own an older car, liability coverage is the best way to go. This insurance will prevent you from being sued in the event of an accident that is your fault and there are injuries that need to be compensated. It is a good idea to carry more than is recommended because, in the event of an accident with injuries to the other person, the minimum might not cover all of their injuries and, if not, they will likely come after you to collect the remainder. There are only 4 states at the present that do not require any type of insurance.
If you have had anything added to your vehicle, such as stereo systems or expensive wheels, you should add insurance to cover these add-ons in case of theft. Comprehensive insurance is usually required by finance companies and covers a variety of damages such as wind damage, falling objects, fire, flood, etc. If you are an antique car buff, you will want to insure your car to cover the replacement value. Using your car for business might require that you carry more insurance than you typically would. Basically, the price and the amount of coverage that you carry will be governed by the insurance requirements for the state you reside in and whether you want or feel you need extra insurance above what is required for your vehicle type. It is best to find out what requirements your state has and what you expect to be compensated for in the event of an accident.
According to car crash statistics there were 6,420,000 auto accidents in the U.S. in 2005 with a financial cost of 230 billion dollars. Nationally, a vehicle theft occurs every 27 seconds.
Auto insurance, regardless of what type you choose, is a must to protect you, your car, and your future. Go find out more about car insurance at http://onlineautoinsurance.best-info-on.com
Article Source:http://EzineArticles.com/?expert=Robin_Boddy
Tags:car insurance,auto insurance quote,auto cheap insurance,auto insurance company,car insurance rate,online car insurance
If your vehicle is new and in top condition, full coverage insurance is the best bet if you own it outright. This will cover the cost of providing the money to purchase another car in the same condition should you be in an accident that totals your car. Most finance companies require you to carry full coverage insurance. They like to make sure they will get the amount they lent for the purchase of a car back should it be totaled in an accident. If you own an older car, liability coverage is the best way to go. This insurance will prevent you from being sued in the event of an accident that is your fault and there are injuries that need to be compensated. It is a good idea to carry more than is recommended because, in the event of an accident with injuries to the other person, the minimum might not cover all of their injuries and, if not, they will likely come after you to collect the remainder. There are only 4 states at the present that do not require any type of insurance.
If you have had anything added to your vehicle, such as stereo systems or expensive wheels, you should add insurance to cover these add-ons in case of theft. Comprehensive insurance is usually required by finance companies and covers a variety of damages such as wind damage, falling objects, fire, flood, etc. If you are an antique car buff, you will want to insure your car to cover the replacement value. Using your car for business might require that you carry more insurance than you typically would. Basically, the price and the amount of coverage that you carry will be governed by the insurance requirements for the state you reside in and whether you want or feel you need extra insurance above what is required for your vehicle type. It is best to find out what requirements your state has and what you expect to be compensated for in the event of an accident.
According to car crash statistics there were 6,420,000 auto accidents in the U.S. in 2005 with a financial cost of 230 billion dollars. Nationally, a vehicle theft occurs every 27 seconds.
Auto insurance, regardless of what type you choose, is a must to protect you, your car, and your future. Go find out more about car insurance at http://onlineautoinsurance.best-info-on.com
Article Source:http://EzineArticles.com/?expert=Robin_Boddy
Tags:car insurance,auto insurance quote,auto cheap insurance,auto insurance company,car insurance rate,online car insurance
Tuesday, June 19, 2007
An Accident Reconstruction Primer
Traffic accidents are the elephant in the room nobody wants to talk about. We go about our daily lives without thinking for one moment about what might happen if we are involved in a serious crash, because we always believe that our vehicle will not be the one that is being craned out of a deep ravine, or loaded onto a flatbed truck in a heap of twisted metal. Unfortunately, statistics suggest it is more likely than not that some who read this will be involved in a serious accident at some time in their life. Further, in our increasingly litigious culture, there is exists a very real potential that we will become involved as plaintiffs or defendants in a civil or criminal action resulting from a car accident. When this happens, you should hire the best attorney you can afford, and preserve as much evidence as you can. Every driver should understand a little about what makes up a typical accident study, if only to protect his or her own interests in the aftermath of a terrible collision.
Generally speaking, accident reconstructionists are professional experts and consultants who are usually retained by legal advocates. We are oftentimes engineers, physicists, ex-police officers, or highway safety professionals, but we are specialized by experience and training in the analysis of traffic collisions. Though we usually work for the legal advocates defending or prosecuting a particular case, we are independent of any particular "side" in a legal action. The story of each accident study is different, but the efforts accident reconstructionists travel along well-worn paths to eventually arrive at our expert opinions.
At the first consultation with a potential client we may reject a case because it does not appear that we can offer any help (e.g. their client is clearly at fault, there is no legitimate accident to reconstruct, the deadline is too soon, etc.). Sometimes initial contact is made at the accident location so that the issues and circumstances can be better understood and an informed decision can be made as to whether or not we should become involved. Accident reconstructionists try to avoid being compelled to render opinions contrary to our client's case.
Determine the facts. Usually the first evidentiary item found in a typical file is the traffic collision report (TCR), as they are called in California; elsewhere they have other names. This documents the police investigation into the accident and usually provides most of the factual information necessary to conduct an analysis. Although some accidents are more thoroughly investigated by law enforcement than others, most reports identify the parties and their vehicles, provide witness statements and contact information, offer some description of the accident scene as it was found by the investigating officer, and may contain some measurements and/or diagrams that describe the locations of various items of physical evidence. This evidence might include any tire marks, gouges, dirt tracks, debris, and the vehicles' points of rest. Hopefully the investigation includes photographs of the scene, which are critical to any traffic collision report. It seems that police officers do not always think so because only about 50% of the crashes I investigate include scene photographs, and less than half of those cases include useful photographs because of the low priority most agencies put on accident investigation training. This is a terrible shame because peoples' memories fade with time, but photographs can preserve evidence that was not collected at the scene of the crash or memorialize temporary conditions that no longer exist.
If you are ever involved in a traffic accident, the best advice I can offer is that you do not provide a statement to the police at the scene. This may seem a little strange coming from a person who relies heavily on the information presented in the police report, but it is in your own best interest to provide a written statement at a later time. Immediately following an accident, emotions are high and a person might say inaccurate things because they feel guilty or feel bad for another party who was hurt. I have never read a statement that did anything to help the person making it, but I have read hundreds that led to their arrest. I suggest a written statement because police officers are humans who cannot be expected to paraphrase your statement perfectly. Any differences between your statement and what eventually is recorded in the report can completely change the meaning of what you said. Once the officer has filed his report, the statement cannot be taken back so choose your words very carefully.
Site Investigation. After we have the location and some details regarding the issues we have been asked to evaluate, we visit the accident site to conduct an independent topographic survey. We conduct a survey as it would be conducted by a traditional surveying firm with the obvious exception that we pay particularly close attention to any remaining physical evidence. The site is photographed comprehensively and the survey might also include surface friction tests, sight-distance measurements, video, radar speed surveys, illumination level readings, ball-bank measurements, and any other tests requested by the client or that we feel will help us in our investigation. Sometimes when the accident site is in another state or if we are severely limited by time, other surveying firms are contracted to provide us with topographic measurements. However, most accident reconstructionists prefer to conduct their own investigation at the accident site.
Vehicle Inspection. If the subject vehicles have not been destroyed or repaired, a reconstructionist will inspect them to collect evidence that is helpful in most studies and critical in product liability lawsuits. Inspections can occur at any time as the vehicles become available. My personal preference is to see the cars before the field review because sometimes questions arise during the vehicle inspections that can be answered by collecting evidence at the site. Without the clues sometimes discovered while examining the vehicles, I might miss the importance of something unusual or unique at the accident location.
Inspecting the vehicles can provide clues to the severity of the impact, the occupant motion, the crashworthiness of the vehicle, seatbelt usage, airbag performance, and may implicate the vehicle itself in the cause of the accident (e.g. tire puncture/blowout, electrical fire, brake failure). Most importantly, this information can sometimes be preserved by the owner of the vehicle through photographs. Any time you are involved in a traffic accident, you should take as many photographs of your vehicle as you possibly can before it is destroyed or sold for parts. The value of these photographs cannot be overstated, and one should not rely on 6, 8, or even 12 photographs to tell the story. Film is cheap and digital prints are even cheaper, so if you are physically able to do so, do not hesitate to take one-hundred or more photographs of your crashed vehicle.
A majority of vehicle inspections concern the recording of certain measurements that will later allow us to estimate the energy that was dissipated by the crushing of metal and deformation of structure that occurred at the time of an accident. Most people intuitively understand that the greater the level of permanent displacement to a vehicle's form, the greater the effort must have been to displace it. In strictly Newtonian terms, if we consider crash-related damage to be the result of work that is done at the time of the accident, and that the energy to perform the work is provided by the mass and speeds of the vehicles in the collision, we can develop formulas to estimate the amount of energy that was required to do the work. If we can determine a reliable estimate of this work energy, we can draw conclusions about the speed change that a particular vehicle may have experienced as a result of the damaging event. This might ultimately lead to some conclusions regarding the approach speeds of the vehicles.
Discovery. For a period of time, which varies by statute and the jurisdiction of the case, the legal minds conduct discovery and provide us with other forms of investigative information. The discovery material often includes depositions of percipient witnesses to supplement statements from the TCR, depositions of the appropriate highway officials that have knowledge about the history and design of the roadway, depositions of other experts retained by various plaintiffs and defendants, photographs of anything related to the crash, and basically any information not part of the initial police investigation. Discovery can sometimes drag on for years during which information trickles into our office in bits and pieces. We continue working during discovery and revise our opinions and conclusions, if necessary, as new information is received. Our investigatory services are considered part of the discovery process because the reports and opinions we produce for our clients, with certain exceptions, become part of the public record and must be provided to any party who asks for them.
Accident Reconstruction. Once we have gathered sufficient discovery, identified what we are to evaluate, and have been given authorization, we can finally proceed with the accident reconstruction. Usually this begins with developing a diagram of the accident site based upon our survey, the TCR, and any photographs of the scene taken at or near the time of the accident. When I first started in the field, before micro-computers were commonplace, I used to draft everything by hand with technical ink pens. That was quite time consuming and with advances in technology I am happy to say most no longer draft using technical pens and lettering guides. I do all of my diagram development using AutoCAD and various third-party add-ons to the program that have greatly reduced the time required to put a diagram of the roadway environment together.
Once there is a diagram, the accident can be plotted using the discovery information. This is where the police investigation becomes critical and its shortcomings and strengths will become apparent. Since it is nearly unheard of for a reconstructionist to visit the scene of an accident, we must rely heavily on the police investigation for accident scene data. If we visit the site within a short time of the accident, we can record the locations of evidence independently. When accidents occur on high speed expressways, it is oftentimes impossible to get this data without shutting down traffic lanes, which almost never happens. I cannot express how important the police investigation is to our work, nor how often it is not taken seriously by the investigating agency. It is hard to believe by the uninitiated, but an untrained or unmotivated officer is not held responsible for any errors, mistakes, or flat out wrong information that may be in a TCR unless it can be proven that it was intentional. Sadly, careless or slanted accident reporting is simply accepted as the status-quo by most police agencies. This is not to say that I do not see very good, well documented, well researched, and excellent police investigations; but it is unfortunate to accident victims that conscientious police reporting is by far the exception rather than the rule.
Our accident plot usually includes scale representations of the vehicles in their positions at the point(s) of impact, points of rest, and any physical evidence associated with the accident superimposed on the scale diagram. This allows us to measure specific items like the distances traveled before and after impact, the approach and departure angles of the vehicles, the deceleration forces that influence a vehicle (skids, gouges, etc.), and any other relevant facts with respect to the physics of the crash. This step is of critical importance because it provides the basis for everything that follows. To wit, it is very difficult to evaluate the deceleration of a spinning vehicle without a good accident plot because the forces compelling that vehicle to slow are transient and are a function of what is known as the slip angle. The only way to know the slip angle at a given point in time or space is to know where the vehicle came from, where it is going, and where it is now, based upon the physical evidence. All of the information obtained during discovery has its appropriate value as it is examined within the context of a traffic accident, but how much value it has requires some subjective analysis on the part of the reconstructionist.
Calculations. Usually we will be asked to determine vehicle speeds in a given accident, but this is not always possible from the data provided. There are various methods we employ to make this determination. Some methods are empirical, meaning they are based upon comparing the subject accident to physical models that have been previously developed by controlled testing. This is how we usually evaluate damage energy, vehicle deceleration when we cannot test the actual surface friction, and other points that we have been asked to address. Other methods are theoretical, which is to say they are based upon the theories and principles of physics and mathematics, rather than documented observations from testing. That is not to say that theoretical methods have not been tested, but that they were not developed from testing. In accident reconstruction, non-empirical methods are derived from Newton's Laws of Physics and from his formulas of uniform motion. Higher order math is employed to be sure; however, nearly all but the most esoteric theoretical analyses can be boiled down to Sir Isaac Newton's observations of our physical world. To simplify the concept, empirical methods employ inductive reasoning and theoretical methods employ deductive reasoning, but they both can help us understand the physics of accident reconstruction.
Some of the methods that are typically used to estimate speed include the theory of the conservation of momentum, conservation of energy, damage energy estimates using crash test data from the National Highway Transportation Safety Administration (NHTSA), and the myriad forms and permutations of Newton's particle kinematic equations (I have even derived a few new theoretical formulas using these equations that are useful in certain situations). Sometimes, due to a lack of the appropriate data, there is no other way to estimate a vehicle's speed in a crash than to consider the witness statements in the police report, or review the available deposition transcripts of percipient witnesses, and arrive at an estimate based upon the entire pool of knowledge one develops only through experience in crash investigation.
Sometimes it is not important to calculate the speed of a vehicle at all because it has been stipulated to, or because it is irrelevant to the immediate question at hand. It might be that what we really want to know is the time elapsed between events, or the distance a vehicle was from impact at the point in time that another party looked to see if it was safe to proceed. On other occasions, usually for highway design evaluations, we are more concerned with the operational speed or design speed of a roadway, so that we can evaluate the roadway using more objective criteria before comparing it to the subject accident. For example, if a roadway is designed for 65 mph traffic and we calculate that at 65 mph a car will loose traction around a curve on that roadway, then the curve should be engineered to reduce the high potential for run-off-road and head-on accidents at the deficient curve (e.g. curve specific signage, reduced speed limit + enforcement, increased illumination, advanced warning, etc.). In this example we do not need to know what the speed of a subject vehicle was to evaluate the potential for safety problems at such a location. Whether or not an analysis like the example is relevant to a particular accident situation is another matter altogether and that question is sometimes answered only through a synthesis of concepts from the fields of accident reconstruction, law, psychology, kinesiology, automotive engineering, highway engineering, and logic.
Conclusions. Now that everything has been brought together and thoroughly examined, we present our findings and recapitulate the facts that are most important to our analysis. This is probably where most reconstructionists will have disagreements between them. Depending on the hierarchy of facts, two analyses of the same accident may have different conclusions. If more weight is given to witness testimony and less to the police measurements, one conclusion may be presented. If the opposite is considered, another conclusion can be opined. It is not uncommon for the ultimate hierarchy of facts to be determined by a judge, legal referee, or the people asked to sit on a jury in a court of law. Few of these individuals are scientists, and even fewer are accident reconstructionists or highway engineers. They rely on the opinions and conclusions presented by experts on both sides of a case and must weigh which represents a more reasonable reconstruction of the events in a traffic accident. The presentation of opinions is therefore very important to an accident study, and the best scientific analysis by the research teams at JPL is worthless if it is not understood or believed by the people who must ultimately decide on its validity.
Sometimes the best analysis is not always the most accurate because automobile accidents rarely require extreme precision. Conclusions are often presented that consider ranges of speeds or distances that make very precise calculations impractical. For example, it makes little difference to most people if a vehicle is traveling at 54.2 mph or 56.1 mph, because they would say that car is going 55 miles per hour. Furthermore, I cannot think of a case where such a fine distinction could be discerned by the person in the car (or anyone else) at the time of the accident so what relevance could it possibly have on its cause? The obvious conclusion is that precision is important, but clarity and simplicity have their place in determining the hierarchy of facts that lead to a valid reconstruction.
Sadly, it should be mentioned that there are reconstructionists and engineers, driven by notoriety or money, that sacrifice their scientific integrity to achieve selfish ends. Sometimes reconstructionists are victim to the otherwise altruistic desire to do the best job possible for their clients, and can become blinded to the true hierarchy of facts. Other times, inaccurate or disingenuous conclusions are presented by experts who would rather not be bothered by the truth when it conflicts with the claims made by their "side" in a legal action. At one point or another every expert is presented with a difficult situation, and it is the character of the individual reconstructionist or engineer that determines how they will respond to it. As an individual accident reconstructionist, and as part of Krueper Engineering and Associates, Inc., I try to always be conscious of the greater responsibility consultants have as human beings and as trusted experts to present opinions and conclusions that we believe to be grounded in a pursuit of the truth, and by extension, the pursuit of safer ground transportation. Sometimes the truth is that a person has, whether through the actions or inactions of people or governments, been damaged in a crash; and they should be appropriately compensated. Other times we may conclude that a party was driving without appropriate care and is responsible for their injuries (and perhaps others' injuries as well). Rarely is it so black and white because frequently the truth lies somewhere in between the claims made by both sides in a legal conflict. Most accidents are the result of many disperse and seemingly unrelated circumstances that converge at a particular time, in a particular place, and ultimately result in a serious traffic collision.
This is what accident reconstructionists and highway safety engineers do. We pull all of the information and data from every source available to determine what the circumstances were, why they came together as they did, and how they are relevant to the cause of a crash. Most importantly, an opinion is almost always offered that describes ways that the accident might have been avoided, or made less severe for the injured parties. As professionals, most reconstructionsists feel that it is a matter of no small importance that we make positive efforts to improve our collective driving experience. Whether through the advocacy of improved methods of roadway design and construction, or by holding a company, or government entity, or careless driver financially responsible for their level of causation in a traffic accident, we hope to make vehicular travel safer with each accident reconstruction and investigation. It is not likely, or even possible, the investigation of traffic accidents might someday eliminate traffic accident injuries and fatalities. However, I believe that the majority of accident reconstruction professionals would consider their lives a success, and gladly look for new employment, if our services were no longer necessary because traffic accidents had become anachronisms of a bygone age.
Article Source:http://EzineArticles.com/?expert=David_Eisenbeisz
Tags:primer
collision
reconstruction
traffic
Generally speaking, accident reconstructionists are professional experts and consultants who are usually retained by legal advocates. We are oftentimes engineers, physicists, ex-police officers, or highway safety professionals, but we are specialized by experience and training in the analysis of traffic collisions. Though we usually work for the legal advocates defending or prosecuting a particular case, we are independent of any particular "side" in a legal action. The story of each accident study is different, but the efforts accident reconstructionists travel along well-worn paths to eventually arrive at our expert opinions.
At the first consultation with a potential client we may reject a case because it does not appear that we can offer any help (e.g. their client is clearly at fault, there is no legitimate accident to reconstruct, the deadline is too soon, etc.). Sometimes initial contact is made at the accident location so that the issues and circumstances can be better understood and an informed decision can be made as to whether or not we should become involved. Accident reconstructionists try to avoid being compelled to render opinions contrary to our client's case.
Determine the facts. Usually the first evidentiary item found in a typical file is the traffic collision report (TCR), as they are called in California; elsewhere they have other names. This documents the police investigation into the accident and usually provides most of the factual information necessary to conduct an analysis. Although some accidents are more thoroughly investigated by law enforcement than others, most reports identify the parties and their vehicles, provide witness statements and contact information, offer some description of the accident scene as it was found by the investigating officer, and may contain some measurements and/or diagrams that describe the locations of various items of physical evidence. This evidence might include any tire marks, gouges, dirt tracks, debris, and the vehicles' points of rest. Hopefully the investigation includes photographs of the scene, which are critical to any traffic collision report. It seems that police officers do not always think so because only about 50% of the crashes I investigate include scene photographs, and less than half of those cases include useful photographs because of the low priority most agencies put on accident investigation training. This is a terrible shame because peoples' memories fade with time, but photographs can preserve evidence that was not collected at the scene of the crash or memorialize temporary conditions that no longer exist.
If you are ever involved in a traffic accident, the best advice I can offer is that you do not provide a statement to the police at the scene. This may seem a little strange coming from a person who relies heavily on the information presented in the police report, but it is in your own best interest to provide a written statement at a later time. Immediately following an accident, emotions are high and a person might say inaccurate things because they feel guilty or feel bad for another party who was hurt. I have never read a statement that did anything to help the person making it, but I have read hundreds that led to their arrest. I suggest a written statement because police officers are humans who cannot be expected to paraphrase your statement perfectly. Any differences between your statement and what eventually is recorded in the report can completely change the meaning of what you said. Once the officer has filed his report, the statement cannot be taken back so choose your words very carefully.
Site Investigation. After we have the location and some details regarding the issues we have been asked to evaluate, we visit the accident site to conduct an independent topographic survey. We conduct a survey as it would be conducted by a traditional surveying firm with the obvious exception that we pay particularly close attention to any remaining physical evidence. The site is photographed comprehensively and the survey might also include surface friction tests, sight-distance measurements, video, radar speed surveys, illumination level readings, ball-bank measurements, and any other tests requested by the client or that we feel will help us in our investigation. Sometimes when the accident site is in another state or if we are severely limited by time, other surveying firms are contracted to provide us with topographic measurements. However, most accident reconstructionists prefer to conduct their own investigation at the accident site.
Vehicle Inspection. If the subject vehicles have not been destroyed or repaired, a reconstructionist will inspect them to collect evidence that is helpful in most studies and critical in product liability lawsuits. Inspections can occur at any time as the vehicles become available. My personal preference is to see the cars before the field review because sometimes questions arise during the vehicle inspections that can be answered by collecting evidence at the site. Without the clues sometimes discovered while examining the vehicles, I might miss the importance of something unusual or unique at the accident location.
Inspecting the vehicles can provide clues to the severity of the impact, the occupant motion, the crashworthiness of the vehicle, seatbelt usage, airbag performance, and may implicate the vehicle itself in the cause of the accident (e.g. tire puncture/blowout, electrical fire, brake failure). Most importantly, this information can sometimes be preserved by the owner of the vehicle through photographs. Any time you are involved in a traffic accident, you should take as many photographs of your vehicle as you possibly can before it is destroyed or sold for parts. The value of these photographs cannot be overstated, and one should not rely on 6, 8, or even 12 photographs to tell the story. Film is cheap and digital prints are even cheaper, so if you are physically able to do so, do not hesitate to take one-hundred or more photographs of your crashed vehicle.
A majority of vehicle inspections concern the recording of certain measurements that will later allow us to estimate the energy that was dissipated by the crushing of metal and deformation of structure that occurred at the time of an accident. Most people intuitively understand that the greater the level of permanent displacement to a vehicle's form, the greater the effort must have been to displace it. In strictly Newtonian terms, if we consider crash-related damage to be the result of work that is done at the time of the accident, and that the energy to perform the work is provided by the mass and speeds of the vehicles in the collision, we can develop formulas to estimate the amount of energy that was required to do the work. If we can determine a reliable estimate of this work energy, we can draw conclusions about the speed change that a particular vehicle may have experienced as a result of the damaging event. This might ultimately lead to some conclusions regarding the approach speeds of the vehicles.
Discovery. For a period of time, which varies by statute and the jurisdiction of the case, the legal minds conduct discovery and provide us with other forms of investigative information. The discovery material often includes depositions of percipient witnesses to supplement statements from the TCR, depositions of the appropriate highway officials that have knowledge about the history and design of the roadway, depositions of other experts retained by various plaintiffs and defendants, photographs of anything related to the crash, and basically any information not part of the initial police investigation. Discovery can sometimes drag on for years during which information trickles into our office in bits and pieces. We continue working during discovery and revise our opinions and conclusions, if necessary, as new information is received. Our investigatory services are considered part of the discovery process because the reports and opinions we produce for our clients, with certain exceptions, become part of the public record and must be provided to any party who asks for them.
Accident Reconstruction. Once we have gathered sufficient discovery, identified what we are to evaluate, and have been given authorization, we can finally proceed with the accident reconstruction. Usually this begins with developing a diagram of the accident site based upon our survey, the TCR, and any photographs of the scene taken at or near the time of the accident. When I first started in the field, before micro-computers were commonplace, I used to draft everything by hand with technical ink pens. That was quite time consuming and with advances in technology I am happy to say most no longer draft using technical pens and lettering guides. I do all of my diagram development using AutoCAD and various third-party add-ons to the program that have greatly reduced the time required to put a diagram of the roadway environment together.
Once there is a diagram, the accident can be plotted using the discovery information. This is where the police investigation becomes critical and its shortcomings and strengths will become apparent. Since it is nearly unheard of for a reconstructionist to visit the scene of an accident, we must rely heavily on the police investigation for accident scene data. If we visit the site within a short time of the accident, we can record the locations of evidence independently. When accidents occur on high speed expressways, it is oftentimes impossible to get this data without shutting down traffic lanes, which almost never happens. I cannot express how important the police investigation is to our work, nor how often it is not taken seriously by the investigating agency. It is hard to believe by the uninitiated, but an untrained or unmotivated officer is not held responsible for any errors, mistakes, or flat out wrong information that may be in a TCR unless it can be proven that it was intentional. Sadly, careless or slanted accident reporting is simply accepted as the status-quo by most police agencies. This is not to say that I do not see very good, well documented, well researched, and excellent police investigations; but it is unfortunate to accident victims that conscientious police reporting is by far the exception rather than the rule.
Our accident plot usually includes scale representations of the vehicles in their positions at the point(s) of impact, points of rest, and any physical evidence associated with the accident superimposed on the scale diagram. This allows us to measure specific items like the distances traveled before and after impact, the approach and departure angles of the vehicles, the deceleration forces that influence a vehicle (skids, gouges, etc.), and any other relevant facts with respect to the physics of the crash. This step is of critical importance because it provides the basis for everything that follows. To wit, it is very difficult to evaluate the deceleration of a spinning vehicle without a good accident plot because the forces compelling that vehicle to slow are transient and are a function of what is known as the slip angle. The only way to know the slip angle at a given point in time or space is to know where the vehicle came from, where it is going, and where it is now, based upon the physical evidence. All of the information obtained during discovery has its appropriate value as it is examined within the context of a traffic accident, but how much value it has requires some subjective analysis on the part of the reconstructionist.
Calculations. Usually we will be asked to determine vehicle speeds in a given accident, but this is not always possible from the data provided. There are various methods we employ to make this determination. Some methods are empirical, meaning they are based upon comparing the subject accident to physical models that have been previously developed by controlled testing. This is how we usually evaluate damage energy, vehicle deceleration when we cannot test the actual surface friction, and other points that we have been asked to address. Other methods are theoretical, which is to say they are based upon the theories and principles of physics and mathematics, rather than documented observations from testing. That is not to say that theoretical methods have not been tested, but that they were not developed from testing. In accident reconstruction, non-empirical methods are derived from Newton's Laws of Physics and from his formulas of uniform motion. Higher order math is employed to be sure; however, nearly all but the most esoteric theoretical analyses can be boiled down to Sir Isaac Newton's observations of our physical world. To simplify the concept, empirical methods employ inductive reasoning and theoretical methods employ deductive reasoning, but they both can help us understand the physics of accident reconstruction.
Some of the methods that are typically used to estimate speed include the theory of the conservation of momentum, conservation of energy, damage energy estimates using crash test data from the National Highway Transportation Safety Administration (NHTSA), and the myriad forms and permutations of Newton's particle kinematic equations (I have even derived a few new theoretical formulas using these equations that are useful in certain situations). Sometimes, due to a lack of the appropriate data, there is no other way to estimate a vehicle's speed in a crash than to consider the witness statements in the police report, or review the available deposition transcripts of percipient witnesses, and arrive at an estimate based upon the entire pool of knowledge one develops only through experience in crash investigation.
Sometimes it is not important to calculate the speed of a vehicle at all because it has been stipulated to, or because it is irrelevant to the immediate question at hand. It might be that what we really want to know is the time elapsed between events, or the distance a vehicle was from impact at the point in time that another party looked to see if it was safe to proceed. On other occasions, usually for highway design evaluations, we are more concerned with the operational speed or design speed of a roadway, so that we can evaluate the roadway using more objective criteria before comparing it to the subject accident. For example, if a roadway is designed for 65 mph traffic and we calculate that at 65 mph a car will loose traction around a curve on that roadway, then the curve should be engineered to reduce the high potential for run-off-road and head-on accidents at the deficient curve (e.g. curve specific signage, reduced speed limit + enforcement, increased illumination, advanced warning, etc.). In this example we do not need to know what the speed of a subject vehicle was to evaluate the potential for safety problems at such a location. Whether or not an analysis like the example is relevant to a particular accident situation is another matter altogether and that question is sometimes answered only through a synthesis of concepts from the fields of accident reconstruction, law, psychology, kinesiology, automotive engineering, highway engineering, and logic.
Conclusions. Now that everything has been brought together and thoroughly examined, we present our findings and recapitulate the facts that are most important to our analysis. This is probably where most reconstructionists will have disagreements between them. Depending on the hierarchy of facts, two analyses of the same accident may have different conclusions. If more weight is given to witness testimony and less to the police measurements, one conclusion may be presented. If the opposite is considered, another conclusion can be opined. It is not uncommon for the ultimate hierarchy of facts to be determined by a judge, legal referee, or the people asked to sit on a jury in a court of law. Few of these individuals are scientists, and even fewer are accident reconstructionists or highway engineers. They rely on the opinions and conclusions presented by experts on both sides of a case and must weigh which represents a more reasonable reconstruction of the events in a traffic accident. The presentation of opinions is therefore very important to an accident study, and the best scientific analysis by the research teams at JPL is worthless if it is not understood or believed by the people who must ultimately decide on its validity.
Sometimes the best analysis is not always the most accurate because automobile accidents rarely require extreme precision. Conclusions are often presented that consider ranges of speeds or distances that make very precise calculations impractical. For example, it makes little difference to most people if a vehicle is traveling at 54.2 mph or 56.1 mph, because they would say that car is going 55 miles per hour. Furthermore, I cannot think of a case where such a fine distinction could be discerned by the person in the car (or anyone else) at the time of the accident so what relevance could it possibly have on its cause? The obvious conclusion is that precision is important, but clarity and simplicity have their place in determining the hierarchy of facts that lead to a valid reconstruction.
Sadly, it should be mentioned that there are reconstructionists and engineers, driven by notoriety or money, that sacrifice their scientific integrity to achieve selfish ends. Sometimes reconstructionists are victim to the otherwise altruistic desire to do the best job possible for their clients, and can become blinded to the true hierarchy of facts. Other times, inaccurate or disingenuous conclusions are presented by experts who would rather not be bothered by the truth when it conflicts with the claims made by their "side" in a legal action. At one point or another every expert is presented with a difficult situation, and it is the character of the individual reconstructionist or engineer that determines how they will respond to it. As an individual accident reconstructionist, and as part of Krueper Engineering and Associates, Inc., I try to always be conscious of the greater responsibility consultants have as human beings and as trusted experts to present opinions and conclusions that we believe to be grounded in a pursuit of the truth, and by extension, the pursuit of safer ground transportation. Sometimes the truth is that a person has, whether through the actions or inactions of people or governments, been damaged in a crash; and they should be appropriately compensated. Other times we may conclude that a party was driving without appropriate care and is responsible for their injuries (and perhaps others' injuries as well). Rarely is it so black and white because frequently the truth lies somewhere in between the claims made by both sides in a legal conflict. Most accidents are the result of many disperse and seemingly unrelated circumstances that converge at a particular time, in a particular place, and ultimately result in a serious traffic collision.
This is what accident reconstructionists and highway safety engineers do. We pull all of the information and data from every source available to determine what the circumstances were, why they came together as they did, and how they are relevant to the cause of a crash. Most importantly, an opinion is almost always offered that describes ways that the accident might have been avoided, or made less severe for the injured parties. As professionals, most reconstructionsists feel that it is a matter of no small importance that we make positive efforts to improve our collective driving experience. Whether through the advocacy of improved methods of roadway design and construction, or by holding a company, or government entity, or careless driver financially responsible for their level of causation in a traffic accident, we hope to make vehicular travel safer with each accident reconstruction and investigation. It is not likely, or even possible, the investigation of traffic accidents might someday eliminate traffic accident injuries and fatalities. However, I believe that the majority of accident reconstruction professionals would consider their lives a success, and gladly look for new employment, if our services were no longer necessary because traffic accidents had become anachronisms of a bygone age.
Article Source:http://EzineArticles.com/?expert=David_Eisenbeisz
Tags:primer
collision
reconstruction
traffic
Monday, June 18, 2007
Choosing the Right Lawyer to Handle Your Catastrophic Truck Accident Claim
In the case of serious accidents involving large trucks (eighteen wheelers or semi trucks), the injuries and other damages sustained are frequently more extensive than those in passenger vehicle accidents. Because of the complex rules relating to the operation of large trucks on the highway, the legal claims arising from a trucking crash can also be significantly more complicated that usual.
This is why it is so important that you choose the right attorney to represent you in your truck accident claim. How do you know if the attorney you choose has the experience and the knowledge to handle your catastrophic truck accident case?
Does the lawyer handle only personal injury cases?
Every lawyer has his or her own areas of specialty. For accident cases, it is important to hire an attorney who handles only personal injury cases. Personal injury lawyers represent people who have suffered damages due to another party's negligence or failure. Robert W. Kerpsack limits his practice to personal injury cases, representing only people who have suffered damages as a result of someone else's negligence.
Does the attorney have previous experience with truck accident cases?
Truck accident cases are usually more complex than traditional car crash cases. Commercial vehicles are regulated more stringently than passenger vehicles, and they are more likely to be owned, operated, and managed by different parties. This can make the process of identifying the party who bears the ultimate liability for a trucking accident especially difficult. That's why it's important that you find an attorney who has extensive experience in handling catastrophic truck accident claims.
Is the attorney skilled and well-regarded in the legal community?
Choosing the right lawyer to handle your truck accident case can be difficult. It is essential, however, to choose an attorney with the right credentials and legal experience to win your case. Fortunately, there are several ways to research a personal injury lawyer's experience and credentials, including:
- Martindale-Hubbell National Law Directory. Martindale-Hubbell is an independent evaluator, which rates attorneys’ professional skill and integrity.
- Board Certification. The National Board of Trial Advocacy (NBTA) is accredited by the American Bar Association (ABA) and the Supreme Court of Ohio to certify lawyers in the specialty area of civil trial advocacy. NBTA board-certified attorneys are required to meet rigorous standards that include significant trial experience, judicial and attorney peer review, written examination, and continuing legal education.
- Million Dollar Advocates Forum. Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of U.S. lawyers are members.
- Super Lawyers. Super Lawyers is a listing of the top 5% of attorneys in each state, as chosen by their peers and through independent research of Law & Politics magazine.
- Experience. Most attorneys will provide prospective clients with an overview of their relevant experience. Look to hire a lawyer who has handled cases similar to yours in the past, and who has other relevant experience.
Questions?
If you or a loved one has been injured or killed in a truck accident, click here to contact a personal injury attorney.
Article Source:http://EzineArticles.com/?expert=Tara_Pingle
Tags:truck
rental truck
handle
Friday, June 15, 2007
Car Crash
There are an estimated 6 million road accidents in the US each year. About half of this number - 3 million people - are injured in these accidents. The injuries may range from minor scrapes to permanent disabilities. The number of mortal casualties in car crashes each year is estimated to be well over 40,000.
Car crashes are caused due to a number of reasons. Disobedience of traffic safety rules are the prime cause. Jumping signals, reckless driving and speeding are among the major causes of car crashes. Car crashes due to drunken and drugged driving are becoming an issue of great concern throughout the world. Use of mobile phones while driving diverts the attention of the driver and may cause an accident. Laws have been passed in several states forbidding drinking and the use of cell phones during driving.
Car crashes have been categorized according to the part that collides. They are head-on collisions, rollovers, side collisions, rear end collisions, level crossing collisions, etc. Head-on collisions are the most lethal and are almost always fatal to the people in the front seats. Head-on collisions lead to a shattering of the front glass which may cause more serious injuries. A rollover or ""turning turtle"" occurs when a car at a high speed collides with something. Such accidents may cause permanent paralysis of the victims, if not death.
The seriousness of car accidents has prompted vehicle manufacturers to devise and use new safety measures in their cars. Proximity meters are used in some recent cars. These meters can detect the safe distance from a vehicle ahead of it and can automatically change the acceleration of the vehicle to maintain that distance. Another invention is the built-in breathalyzer or the sobriety meter which locks the car if it detects over 10% of alcohol in the breath of the driver. There are other simple measures such as automatically inflating air cushions and seatbelts.
There is always some legislation involved with a car crash. The severity of the legislation depends on the impact of the crash. People involved in a car crash are supposed to stall their vehicle and inform the police immediately. The party responsible for the crash may have to compensate the injured victim. Suits are filed if the case is too serious; otherwise a roadside settlement may be done with the traffic policeman as the intermediary.
Several measures are being adopted to prevent car crashes. Efforts are on to make advanced driving classes compulsory. Hoardings are put up at prominent places and gruesome car accident clips are shown on television to make people wary of rash driving. Severe penalties are imposed on people indulging in driving when drunk or under the influence of drugs. The National Highway Traffic Safety Administration is constantly modifying these and other rules to reduce the number of car crashes in the country.
Car Crash provides detailed information on Car Crash, Drunk Driving Car Crash, Fatal Car Crashes, Car Crash Articles and more. Car Crash is affiliated with Car Accident Lawsuits.
Article Source:http://EzineArticles.com/?expert=Kent_Pinkerton
Tags:plane crash
crash kidman
crash test dummy
Car Accidents - When To Sue, Who To Sue, Why Sue At All
Don't you just hate it when you see those tacky TV ads about accident lawyers? How about that obnoxious billboard you just passed on the highway showing a crashed car and someone being taken away by ambulance? Or what about those endless yellow page ads where they show a car driving off a cliff, and someone smiling in the foreground holding a nice big fat check with lots of numbers on it? It all makes you feel warm and fuzzy inside, doesn't it?
Not. It makes me sick. Don't get me wrong. Every lawyer in New York is permitted to advertise according to the Court rules (which were recently made stricter at the beginning of this year). However, there is something to be said for tasteful ads, and ads that are trying to sell you something.
When you're in a car accident, the last thing you think about is finding a lawyer to sue the driver of the car that caused your accident. The first thing on your mind should be how to get better. You need to recuperate, regenerate and get your strength back. You need to worry about the important things in your life like putting food on your family's table, and going back to work.
Well how can you go back to work if you're still in the hospital after weeks of surgery and rehabilitation? Can you go on disability? Who will pay your medical bills? What if you don't have medical insurance? How can you feed and clothe your family if you can't work? These are all very important questions that often arise after a car accident.
In New York, your own car insurance will pay your medical bills- up to a maximum of $50,000. This is known as no-fault insurance. Once the details of the accident are resolved, to figure out who really caused the accident, the insurance companies settle up on their own regarding the medical expenses they had to pay.
But what about that often-heard phrase, "Pain & Suffering"? Aren't you entitled to that as well? The answer is yes. However, in order to obtain compensation for your pain and suffering you will probably need to start a lawsuit against the owner(s) and driver(s) involved in your car accident.
How much time do you have to start a lawsuit for your injuries arising from a car accident? In New York, you generally have only THREE (3) years from the date of the accident within which to start a lawsuit for your injuries. HOWEVER, YOU HAVE ONLY 30 DAYS FROM THE DATE OF THE ACCIDENT TO FILE A CLAIM WITH YOUR INSURANCE COMPANY TO GET THEM TO PAY FOR YOUR MEDICAL EXPENSES!
A car accident is traumatic- no question about it. Your road to recovery is the most important part of events after the accident. Whether you have a valid and meritorious case hinges on many facts that only an attorney should be evaluating. Don't rely on good-hearted friends and family to tell you their tales of woe when they were involved in an accident years ago. You need an experienced attorney who has handled cases like yours.
You need someone who has experience in Court and isn't afraid to go to trial if the insurance company refuses to settle for an appropriate amount of compensation. You need a lawyer who can guide you through the minefield of litigation. Hopefully, with good legal counsel you'll be able to make the right choices that will help you recover both emotionally and monetarily.
Attorney Oginski has been in practice for over 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com,or 516-487-8207. All inquiries are free and totally confidential.
Article Source:http://EzineArticles.com/?expert=Gerry_Oginski
Tags:car accident
crash
New York
MEDICAL EXPENSES
Tuesday, June 12, 2007
How to Find a Good Car Accident Injury Lawyer
When you have been in a car accident many times you will need to find a good Boston car accident injury lawyer regardless of whether the accident was your fault or not. Those who are at fault will need a Boston motor vehicle accident lawyer to help them get out of the charges against them while the victims will need a Boston motor vehicle accident attorney to help them get the payment they need for injuries and the like. So, regardless of which boat you are in you will follow similar methods to find a good car accident injury lawyer.
First of all, you want to find a lawyer whose main practice focuses on car accident injuries. When you find this type of lawyer you know that you will have representation knowledgeable of the ins and outs of car accident injury claims. If you get a different type of lawyer to represent you then it won’t be long before you find out how important a lawyer is who is knowledgeable about the specific problem you have. Now, once you find a car accident injury lawyer you need to find out their record of winning and losing similar cases. If you go with a lawyer who has never won a case like yours before then you don’t have a whole lot of hope that his luck will change. But, if you find a lawyer who has a high success rate winning cases similar to yours then you have a much better chance of winning your case. Don’t be embarrassed to ask questions when you are talking to accident injury lawyers. The more questions you ask up front the better informed you will be and the easier it will be to make a decision as to whether or not you want that particular lawyer to represent you.
Now, you may be wondering how to actually go about finding the accident injury lawyers for you to pick from. The yellow pages are always a good answer if you are looking for local accident injury lawyers but the Internet is another great way to find local injury lawyers. You may also find reviews on particular attorneys when you review the web and this is an excellent way for you to find out what attorney will be best to represent you. Always remember that when you are looking for a lawyer you need to find one you feel comfortable with and one that has the necessary credentials to support you.
Caitlina Fuller is a freelance writer. When you have been in a car accident many times you will need to find a good Boston car accident injury attorney regardless of whether the accident was your fault or not. The victims will need a Boston motor vehicle accident attorney to help them get the payment they need for injuries and the like. So, regardless of which boat you are in you will follow similar methods to find a good car accident injury lawyer.
Thursday, June 7, 2007
Car Accident Law Can Affect Your Claim
Every single state in the United States has its own different set of car accident law. From responsibility to how damages are paid, each issue has its own car accident law and it is very difficult for the average citizen to be aware of and understand how each of these laws might affect them if they are in an accident. Because every aspect of a car accident seems to have its own car accident law per each state, it is often a very good idea to hire a car accident attorney if you are ever involved in a car accident.
Car accident law often deals with the issue of fault in an accident. Some car accident law not only deals with how much an individual can be blamed for being at fault, but sometimes how much can be rewarded for damages. Other car accident law limits how car accident victims can receive compensation for their losses and damages. If you insist on filing out your own car accident claim, you are going to have to have an excellent understanding of your state’s car accident law regarding such issues.
Even before you are in a car accident, you should know that many states have their own car accident law setting minimums for what each driver can have on their auto insurance policy. If you are in an accident regardless of fault and you aren’t fully insured, you could have more trouble on your hands than you bargained for according to your state’s car accident law. While most insurance companies are well-versed in each state’s car accident law and can help you when you sign up for auto coverage, it is always a good idea to stay on top of such laws and make sure you are always fully insured.
You may live in a state where there is a car accident law that allows for something called “comparative negligence”. Do you know what comparative negligence is? Comparative negligence allows for each party involved in an accident to be compensated for a certain percentage of loses no matter which driver caused the accident. If the other party can prove that you contributed to the accident in any way even if he or she was the main party at fault, according to your state’s car accident law you may have to pay damages. It is a good idea to see if you are covered by your auto insurance policy in case this happens to you.
Depending on your state’s car accident law, you may have a limited time to file any type of insurance claim for your damages from the time of your accident. If you find that you do not understand or simply are unaware of your state’s car accident law, you can find that information in the library or even on your state’s official website. If you still have trouble locating information about your state’s car accident law, any competent auto accident attorney will be able to help you.
Brett Kruger owns and operates http://www.car-accident-lawyer-info.com
Article Source:http://EzineArticles.com/?expert=Brett_Kruger
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