Car Accident

How Car Accident Lawyers Can Help You

2007-08-08T10:03:00.000-07:00

Car accident lawyers can be your personal savior in times of crises. If you have been a victim of a car accident or subject to a claim for wrongful or negligent driving, a car accident lawyer can help guide you through the legal minefield and clarify your personal standing. Due to the growing complexity of motor law, separate state law jurisdictions and the ambiguity and complexity of insurance policies, a car accident lawyer can be your personal shield form aggressive insurance company representatives.

One of the most common experiences of individuals who have been involved in a motor vehicle accident, and who are entitled to compensation, is low initial offers. Car insurance personnel are adept at minimizing payouts by using delay tactics, attacking weak evidence and placing doubt into their victims over the right to entitlement. Intimidation tactics are part and process of the negotiation protocols they follow. Procuring the services of an experience and qualified auto insurance lawyer can shield you from this process. Not only will they protect your rights, they will be skilled to negotiate on your behalf to secure a better payout. Insurance companies who face the challenge of dealing with qualified personnel are more likely to be forthcoming with a superior offer out of respect and knowing full well the lawyer is aware of the common tactics used by insurance companies.

In cases where the victim has suffered emotional distress, physical injury or a debilitating injury that has resulted in loss of income or future earnings, car accident lawyers will possess the necessary expertise to mount and pursue a case. In some cases where the victims have limited knowledge of the law, the potential avenues for legal recourse remain unknown. Trying to determine the best course of action and knowing all the options can be very difficult for the layman who has no legal knowledge. By using the services of suitably qualified personnel, the avenues open to you will be fully examined and it is most likely you will be provided with a superior outcome.

Most legal firms provide free initial consultations. By making the necessary enquiries to secure an appointment, victims can present their case and determine the best course of action. The fees payable are not always required to be paid upfront. Some lawyers operate on a percentage of settlement or the fees are not paid until the case settlement takes place.

Get the necessary advice and peace of mind you need. Hire a car accident lawyer if you require specialized auto accident advice.

Andrew Winthorp is a freelance writer for http://www.caraccidents-lawyer.com Car Accident Lawyer Learn more about how car accident lawyers can help you.

Article Source:http://EzineArticles.com/?expert=Andrew_Winthorp

Tags:Lawyer,accident car

Car Accident Fatalities

2007-08-02T05:28:00.000-07:00

Traffic accidents are very common occurrences in today's world. In the United States, there were more than 6.3 million police-reported in 2004 that involved the use of motor vehicles. Of all those reported accidents, nearly a third of those resulted in injury, with less than one percent of total crashes resulting in a fatality.

Contributing Factors

In over 40 percent of crashes involving a fatality, alcohol was a contributing factor. However, during the hours of 12:00 a.m. to 3:00 a.m., nearly 77 percent of fatal crashes involved alcohol use. Most of the car accidents occur on Saturdays and Sundays during these times. This three-hour period has proved to be the deadliest period all day.

Accidents involving fatalities do not necessarily mean that it involved another vehicle. Nearly 57 percent of all fatal crashes involved only one vehicle. One-vehicle accidents are the most common type of accidents in which someone needs medical assistance. Nearly 30 percent of all accidents reported to the police did not involve another vehicle.

Speed is another factor when dealing with crash fatalities. More than half of all fatal crashes occurred on roads with posted speed limits of over 55 mph. While only 20 percent of crashes that occurred on these roads were "property-damage-only" crashes.

Victims

Victims in a fatal car crash are commonly children under the age of 15. The most surprising part of it is that these children are not necessarily inside the vehicle during the accident. Over 80 percent of the children under the age of 15 that were victims of an auto accident who died were either pedestrians or pedal cyclists who were struck by drunk drivers. In fact, nearly 20 percent of all children killed were victims of alcohol-related crashes.

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:fatality,accident car

Motor Vehicle Accident Settlements, Get A Good Settlement Without Paying Legal Fees

2007-07-29T03:59:00.000-07:00

I was the victim of an injury causing MOTOR VEHICLE ACCIDENT in 2005. What I learned about THE SYSTEM was very upsetting. I leaned that when an event like this happens THE VULTURES start to circle almost immediately. THE VULTURES include but are not limited to - insurance companies, medical service providers, rental companies, law firms, emergency transport companies, car dealers and others. There are lots of people who seek to profit from your misfortune when you are involved in a motor vehicle accident. You do not want to be taken advantage off.

My experience was that most of the entities I had to deal with had their best interest in mind and not mine! My insurance company tried to rip me off. An attorney tried to get me to have surgery I didn't need. I had to do battle with lots of people who wanted to profit from my misfortune. I have decided to share my experience with you so or those you care about won't be taken advantage of by the system that is in place to profit from your accident.

I was able to reach a very good settlement without having to pay an attorney. Lawyers do very little for their 30% of your money. You should learn how to protect yourself and your family prior to the accident happening. Everyday in the USA there are more that 5600 injury causing motor vehicle accidents. Just because your a victim doesn't mean you have to be victimized. You can settle your own claim and save yourself MONEY!

Copyright (C) John S. Corbin 2007

DISCLAIMER: The purpose of this article is to help folks understand the motor vehicle accident claim process. It is not required that you hire an attorney. If you feel you need professional help you must obtain it on your own. Neither John Corbin nor any publication offering his articles make any guarantee of any kind. John Corbin is not an attorney and does not offer legal advise. John Corbin's recent publication is titled MOTOR VEHICLE ACCIDENTS - A SPECIAL REPORT and is available at http://www.accident-victims.net

Article Source:http://EzineArticles.com/?expert=John_Corbin

Car Insurance - California, Do You Have Auto Coverage?

2007-07-24T06:36:00.000-07:00

Trying to find an alternate route to work when nearly 280,000 other commuters are scrambling to find their way into the city can definitely increase the odds of getting involved in a fender-bender. San Francisco Bay area interstate travelers will be the first to tell you that you cannot predict accidents or catastrophes. Whether you are involved in a natural disaster, auto accident or other catastrophe, insurance plays an important role in securing your funds for the future. Californian or not, it’s always important to see what auto insurance coverage your state suggests or requires.

There’s a long stretch of road between Redding and San Diego, California – which means many opportunities for unexpected auto accidents to occur. The Bay Bridge between Oakland and San Francisco, for example, is a hotbed of confusion and congestion that travelers are trying to navigate and conquer.

Between the excitement of summer and trying to secure your vacation plans, preparing for an auto disaster is probably the last thing on your mind. But the summer heat and unexpected bumps in the road can both wreak havoc on your auto and put you in jeopardy if you’re not prepared. If something happens while you’re driving down that long California interstate, are you covered? Let’s sift through your car insurance policy to consider your options:

What coverages are included in an auto insurance package?

When you purchase auto insurance, you usually have several options – you can purchase medical, liability, property and under/uninsured motorist coverage.

Medical coverage in an auto insurance package will take care of treating injuries to those in the policyholder’s automobile. Medical coverage will be provided if the person is a passenger or hit as a pedestrian.

Liability is your financial responsibility to someone for damage you cause – whether the damage is to another person or to someone’s property. When you purchase liability coverage, the insurance company agrees to defend you in court and/or reimburse the other party for damages you cause.

California state laws require motorists to purchase the following liability insurance amounts.

$15,000 - bodily injury liability for one person injured in an accident
$30,000 – bodily injury liability for all injuries in one accident
$5,000 – property damage liability for one accident

Covering property damage includes comprehensive and collision insurance.

Comprehensive coverage insures accidental damage to the auto including fire, wind, sleet, theft, vandalism and similar damages.

Collision coverage reimburses for damage caused by colliding with another object, regardless of who or what is at fault.

What happens if the person that hits you is uninsured or does not have proper coverage to take care of your entire loss? Purchasing uninsured and/or underinsured motorist coverage will cover both of those situations.

If you have not glanced through your auto insurance policy in awhile, it’s time to consider reviewing it. The warm summer weather means your air conditioning will be running longer and your engine will be working harder. It’s important to take time right now and make sure you will be covered if you find yourself stuck on that long stretch of California road between Redding and San Diego.

*Please note that this article is not a professional consultation. This article is for general information only. Always seek specific information from a licensed insurance professional.*

Publishing Guidelines: This article may be published with permission by sending a request to krista@hometownquotes.com

HometownQuotes, a Franklin, Tennessee company, provides a quick and easy way for consumers to compare multiple insurance quotes. To learn more, visit http://www.hometownquotes.com

Article Source:http://EzineArticles.com/?expert=Krista_Farmer

What to Look for in an Auto Accident Attorney

2007-07-19T12:31:00.000-07:00

So, you’ve been in a car accident – now what do you do? Did you remember all of the steps you’re supposed to take at the scene of the accident, like exchanging information and documenting the scene itself? Have you done the proper follow up? Is the insurance company for the driver who was at-fault giving you the run around? Were you injured and now missing time from work to recover? Have you decided that it’s time to hire an attorney to help you?

If so, do you know what to look for in a personal injury attorney?

First, you should look for one that specializes in auto accidents. Every state’s laws are different and often very complicated, so it is essential for the success of your case that your attorney be a specialist in this area of practice.

Second, you need to consider the experience of your attorney. He may advertise that he’s an auto accident attorney, but has he actually settled or won cases for his clients? You may want to ask how long he’s been in practice and ask for a list of client referrals you can call. Also ask for a list of cases settled and the amounts awarded to his clients.

The third item may be one of the most important that you consider. Does your attorney have any litigation experience and how many of his cases has he won?

Brian J. Glick, Esq. of Boca Raton, Florida comments on the subject by saying, “If your attorney doesn’t have litigation experience, you need to look for someone else. Not all insurance companies are going to settle with fair compensation to the victim, so your attorney must be prepared to go to court on your behalf. And win.”

A fourth quality your attorney needs is compatibility and chemistry with you, the client. Does your attorney listen carefully to your concerns? Does he encourage your feedback as well? If you don’t feel you can communicate openly and honestly with your lawyer, it’s time to look for another lawyer to help you win your case.

Please click here for more information regarding auto accident law in the Boca Raton, Florida area.

Article Source:http://EzineArticles.com/?expert=Sara_Goldstein

Tags:accident car,accident car lawyer,attorney

Auto Insurance - Accident With An Uninsured Motorist

2007-07-17T10:26:00.000-07:00

Even though it is the law in most states and provinces to have a minimum amount of liability insurance, there are many people on the road that cannot afford, or simply do not have insurance. The main reason that motorists choose to drive without insurance, is that they want to save money or cannot afford to pay the premiums.

Liability coverage covers injuries to third parties, which result from accidents for which you are at fault. If you are found to be at fault for an accident, you are liable for all damages that you cause to others. These damages include both bodily injury and property damage, and could end up being several thousands of dollars! Without liability insurance, the injured parties could sue you for pain and suffering, medical expenses and property damage, which could cost you much more. It is a much smarter idea to pay the premiums and get liability coverage.

If you are involved in an accident which you are not at fault, and do not have insurance, the at-fault rules still apply. You will be still covered by the other motorist’s liability coverage, for your injuries and damages. Being compensated for injuries that were caused by other motorists has nothing to do with whether or not you have insurance. Of course you may be charged with driving without insurance and forced to face the penalties associated with that charge in your state or province.

If you have insurance and were in an accident with an uninsured motorist who was at fault, this can be a real headache, unless you have uninsured motorist insurance. If you have un-insured motorist insurance, then your insurance company will cover you up to your limit that you set for uninsured motorist insurance. The insurance company would then sue the uninsured motorist to collect for their damages. If you do not have uninsured motorist insurance, it would be fully up to you to collect for damages. You would have to sue the uninsured motorists, and invest the time and money to do so. An important thing to remember is that even when you win the lawsuit, no payment is guaranteed. If they could not afford auto insurance in the first place, how are they going to afford paying for your medical bills? This is the reason that selecting un-insured motorist insurance is a wise decision. You are covered for your losses immediately and the insurance company deals with the hassle of the lawsuit.

In close driving without insurance is not a good idea. In the long term, the small yearly premium for auto insurance will protect you from the large bills, or possible wage garnishments that may be applied if you are at fault for an accident. Un-insured motorist insurance is a wise addition to anyone’s coverage to avoid the headache that can arise from an accident involving an uninsured motorist.

Remember that the information presented above is general information, and each state/province has different laws dealing with insurance. Also each auto insurance company and policy is different, so it is best to check with your company to see exactly what your policy covers.

For more information visit http://www.auto-insurance-knowledge.com/uninsured.html Auto Insurance Knowledge at http://www.auto-insurance-knowledge.com/uninsured.html

Article Source:http://EzineArticles.com/?expert=Bill_Wannop

Tags:car insurance,auto insurance quote,auto cheap insurance

Repairing Car Damage

2007-07-10T04:05:00.000-07:00

The business of repairing car damage grows as the number of cars grows. This is because of the likelihood of accidents on the road. Thus, if you want a blue-collar job that earns you like a company executive, you may opt to develop yourself from a novice car repairer to a skilled car repairer.

Skilled car damage repairers earn almost four folds of what novice repairer gets. Statistics show that of the 223,000 automotive repairers in 2004, 10% of them, the skilled automotive repairers earn more than $28.45 per hour. This is about four times what the less skilled repairer’s get, which is about $9.42 per hour.

If we then compare it to the median per hour rate of company executives which is about $29.75 per hour, you probably pair enough in take-home money because being in the business of repairing car damage, you do not need to wear a suit and tie, and get stressed to much thinking of how you will run the business. You may also need to worry about the life of all the people in your company. You thus sport a stressful lifestyle, although from a distance, you may look far better than blue-collar workers. You may have the power to command as a company executive but you do not have the coziness of a blue-collar job. You may be more stressed as compared to skilled car damage repairers.

On the other hand, as a skilled car damage repairer, you go to work in noisy body shops with clatters of hammering and whining of power tools. You also will be dirty at the end of the day. You are also working in a condition where there is great possibility of being hurt while repairing car damages.

In addition to this, you will need to have at least 3 to 4 years of hands-on experience in all the paces of automotive repairing before you reach a receive a handsome pay.

Therefore, to ensure that later on, your business of repairing car damages will go up to the level where you will earn like those handsomely dressed company executives, it may help to have yourself certified by the National Institute of Automotive Service Excellence. Once you are certified as an ASE Master Collision Repair and Refinishing Technician, you may already command your price.

However, before you get this far in your business of car damage repairing, you may need continuing education on the modern and technically advanced quality of cars that manufacturers introduce to the market.

Formal training will help you develop your skills and attending seminars sponsored by automotive manufacturers will keep you at the top of your business.

It may also help to understand the government requirements and that of insurance companies so that you will be able to assist your clients well enough.

Your business might be slapped by the total loss assessment of insurance companies. However, this may be masked by the fact that you can buy these total loss cars, study their parts, and even use some of them for your future repairs. Understanding the requirements and the logic behind these requirements will be able to give you an edge in assisting your customers, whether to have their cars repaired or ask the insurance company for a total loss assessment. Being an authority in all the paces of owning a car may help you in your business as well.

Keeping pace with the modernity of today’s automotive industry will keep your business of repairing car damage such a lucrative business.

You may be dirty at the end of the day, but if you are able to provide for the needs of your family, I think repairing car damage is not such a bad idea.

Start by having formal education on automotive repairing and slowly go up to the being skilled in collision repair, straightening bend bodies, removing dents and replacing crumpled parts. Later on, you will be one of the most sought-after Master Collision Repair and Refinishing Technicians, and a booming business, as well.

B.A. in Mathematics and Computer Science - Master in Business administration - Founded DingIT in 2004. dingIt.com The only service that lets car owners receiving detailed estimates for reparing the damage in their cars,over the Internet, from competing body shops in their area. This free online service saves them time and money, and the hassle of going to the body shops. The idea came from a personal experience.

Article Source:http://EzineArticles.com/?expert=Eyal_Golan

Tags:Car Damage

What Should I Do If I'm In A Car Accident?

2007-07-03T09:41:00.000-07:00

It’s a beautiful day and you’re driving down the road taking in the scenery. The wind blows through your hair and the breeze feels good beading down your face. You see there is a red mustang convertible traveling directly ahead of you. The license plate on the mustang reads you think FIN..??LY. You have difficulty reading the plate so you speed up to get closer to the rear of the vehicle. As you press down on the gas of your vehicle it accelerates from fifty to sixty-five in a flash, and before you know it you have rear ended that little red mustang. At this point your heart races and you feel angry, scared and frustrated at what just happened.

You say to yourself what am I going to do and how did I manage to cause this accident. I could kick myself for what just happened.

You now think about the consequences and try to determine what you should do next. You then decide to exit your vehicle to see how the driver of the mustang was doing. The mustang driver whose name was Manny, appeared to be doing physically fine, however he was upset that I had hit his classic red prized possession with license plates which you discovered read FINALLY.

If you’re in a car accident, first and foremost, try to obtain as much information from the other party involved in the accident which would include the following: drivers license information(name, date of birth, license number, address), telephone number, license plate number, vehicle type(year, make, model & color), insurance information(policy number, insurance company name, & address if possible). If the other party has no insurance, be sure to obtain the license plate number and all other information previously mentioned. In addition, if there is a witness or witnesses at the scene, obtain their name, address and telephone number if at all possible. This will be very helpful in determining who is responsible for causing the accident in reference to liability.

If the police department is called to the scene of the accident, a report may be taken. If this is the case, the police officer taking the report may separate the parties involved and the identification information previously listed may be difficult to obtain. If this is the case, then make sure you obtain the police report number so that you can provide this information to your insurance company. Your insurance company will obtain a copy of the report, wherein the identification and accident information will be listed for all parties involved.

Contact your insurance company to report the accident as soon as possible. Regardless if you plan on going through the other person’s insurance company for the repair of your vehicle. Most insurance companies require their policy holders to report accidents.

If you fail to report the accident to your insurance company, you may find out at a later date when you try to apply for another insurance policy that you are listed on what is called a CLUE report for not reporting a particular accident to your carrier. This may have a negative impact on you obtaining a new policy. You may be listed on the CLUE report even if the accident is not your fault.

The CLUE report is a specialized report which is used by most insurance companies concerning licensed drivers who are trying to obtain a new policy. It also provides information on your driving history.

Nocita Carter is a writer and web designer that creates websites providing informative tips on various subject matter including personal finance tips on your personal finances at http://www.personal-finance-tips-for-you.com and dating tips at http://www.mydating-tips.com.

Article Source:http://EzineArticles.com/?expert=Nocita_Carter

Tags:Car Accident

Does Dynamometer Testing Damage the Car?

2007-07-01T05:00:00.000-07:00

There is no actual proof that dynamometer testing might damage the car in any certain way.

While performing tests, dynos don’t interfere with the engines performance and more importantly, don’t do any damage to it. Some of the things that may cause damage to engines are over-revving, excessive heating, shock loading or incorrect fuel or ignition settings. If however your engine malfunctions after performing a dynamometer test, it’s almost certain that the testing, if properly done, wasn’t the cause of the damage.

It is more likely to damage your engine when you drive your car on the road than when you test it by the means of a dynamometer under controlled artificial conditions. You should always make sure that the dyno operator is a trained professional and that the dynamometer has an appropriate cooling system. A 60 centimeter diameter fan is appropriate for a power run. It will prevent the vehicle from overheating.

However, you should keep in mind that dynamometer testing and setting up race cars and bikes require more controlled testing conditions. A bike or car that heats up after a few hours testing suffers from heat soak into the transmission, bodywork, engine block, oil, and so on. This interferes with the amount of power produced, and influences the accuracy and the objectivity of the performance test.

To make sure everything will go smoothly while performing your tests on engines, you actually need a wind tunnel in which you should manipulate your dynamometer. When you are driving on the road at full power there is a lot of fresh air that surrounds and cools the entire vehicle, and you should do your best to recreate some of these natural conditions when you perform your tests.

If your dynamometer or the place you go to in order to get your car or bike dyno tested does not have suitable working conditions or lacks an appropriate cooling system, it is not advised to perform any tests. The problem concerning the damage done by dynamometers on the tires is more debatable. Tire manufacturers recommend dynamometer owners to replace tires after every test performed. They claim that the tires design is not intended for purposes like dynamometer testing and say that the heat or tire deformation could damage the interior structure. Due to these facts, they strongly recommend replacing the tires after testing.

However, this should be done more as a precaution, and if the tires are rather new, well designed dynamometers should not damage them. Just to make sure that everything is in order, remember to always check the tires condition after every test you perform.

This fine article is one of Groshan Fabiola's newest works. Also if you would like to find out full dynamometers or chassis dynamometers details please enter this web site.

Article Source:http://EzineArticles.com/?expert=Groshan_Fabiola

Tags:damage,damage car,dynamometer,car

Doh! You've Had A Car Crash - Now What!

2007-06-28T07:54:00.000-07:00

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

Car Accident Damage

2007-06-26T03:57:00.000-07:00

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

Car Accident Law Firms

2007-06-22T03:12:00.000-07:00

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

Car Crash Recovery

2007-06-21T01:09:00.000-07:00

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.

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Tags:recovery,car accident,car crash

How Much Car Insurance Do You Need?

2007-06-20T02:46:00.000-07:00

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

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Tags:car insurance,auto insurance quote,auto cheap insurance,auto insurance company,car insurance rate,online car insurance

An Accident Reconstruction Primer

2007-06-19T01:39:00.000-07:00

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.

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Tags:primer
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Choosing the Right Lawyer to Handle Your Catastrophic Truck Accident Claim

2007-06-18T05:35:00.000-07:00

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.

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Car Crash

2007-06-15T14:03:00.000-07:00

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.

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Car Accidents - When To Sue, Who To Sue, Why Sue At All

2007-06-15T04:23:00.000-07:00

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.

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Tags:car accident
crash
New York
MEDICAL EXPENSES

How to Find a Good Car Accident Injury Lawyer

2007-06-12T04:47:00.000-07:00

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.

Car Accident Law Can Affect Your Claim

2007-06-07T05:02:00.000-07:00

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

Strategies for Winning a Car Accident Injury Claim

2007-05-30T08:58:00.000-07:00

If you are filing a lawsuit for a car accident injury claim you certainly want to win it. Fortunately, there are some strategies to help you win your car accident injury claim. First of all you will want to find a Boston car accident lawyer who has the no win no fee strategy. This means that if you don’t win the case then you don’t have to pay the lawyer. This is a great way to go because you don’t have to pay any money out unless you win a settlement and this is especially important for folks who have been injured and are out of work.

Once you find your no win no fee Boston motor vehicle accident lawyer then you are ready to develop your strategy. The first thing you will want to do is come up with a number to include in your lawsuit. The amount you will sue for is a combination of damage to your vehicle, medical bills, pain and suffering, and the like. Once you come up with that number then you are ready to file your lawsuit. Keep in mind that the insurance company for the individual you are suing will very likely want to settle. This may be in your favor as well because you know a certain amount of money will be coming your way however if the number isn’t high enough you may feel like taking it to court. This scares most insurance companies because they can lose millions of dollars in a hurry and it is because of this as well as the expensive and drawn out process that makes insurance companies want to settle. If you are offered a settlement review it, consider it, and offer a counter settlement if you are so inclined. Just don’t decline a settlement until you have reviewed it and considered your chances at winning the case in court.

If you do take your claim to court keep in mind that you will need to convince the judge and maybe even a jury of your monetary losses and emotional anguish. You can prove the damage to your vehicle, medical bills, and even lost income by bills and previous paychecks. However, the big money comes in with the pain and suffering so if you get on the stand you need to convince the judge of your emotional health and how the wreck has made you depressed, changed your personality, and the like. If you practice with your Boston motor vehicle accident attorney then you will be able to express your feelings and emotions in a way that will help you win the money you deserve from your car accident injury claim.

I Was In An Accident, Will My Car Insurance Rates Go Up?

2007-05-30T08:55:00.000-07:00

You were on the phone, got distracted and before you knew it traffic had stopped, giving you no room to stop and you rear end the girl in front of you. Or, let's say you're driving along and a deer jumps out and rams into the side of your door.

Now, let's say you need to file and claim and get your car fixed. But, are your rates going to go up?

In the first case, more than likely they will depending on how much your insurance company pays out to fix both cars and medical bills if anyone was injured.

But, in the second example, since this will be a comprehensive claim your rates should not see an increase at your renewal. Unless you have a long history of hitting deer then the people from PETA will be out to get you. Or if you file a lot of small glass damage claims then your rates could be affected or you may have to pay a higher deductible for comprehensive in which case small glass damage will be less than your deductible and you will pay out of pocket.

Part 2: How long does an accident stay on my record?

Ok, so back to the example where you rear ended someone. We have already established that you are going to see your insurance rates go up. Now, we need to find out how long and how much will they go up.

State insurance boards usually allow insurance companies to charge for a accident for 3 years from the day they started charging for it. Not from the time you got into the accident. You got in the accident in December and your policy runs from October to April. Your rates won't be affected until April of the next year and the surcharge will drop off 3 years from that April.

How much will your rates go up? Are they trying to get back the money they paid out for my claim? You can usually expect a rate increase of between 20-40% on average per six months. They could go up even more if you lose some discounts you were getting, such as a claim free discount.

The increase is not a recoupment of the monies paid out by your insurance company. It is designed to charge you a premium based on the risk, or chance, that you will get into another accident in the next 3 years. You are a higher risk to the insurance company and they are able to charge you for the higher risk you present to them.

If it was based on how much the insurance company paid out then you wouldn't be able to afford it if you totaled out your 2004 Nissan Maxima at $25,000 and you had to pay that back within the 3 year surcharge period. Makes sense? Good, now get off the cell phone!

Car Accident Statistics

2007-05-25T02:16:00.000-07:00

Car accident statistics indicate that at least four people involved in car accidents die every hour. These accidents could be due to the fault of the driver, the other driver, or due to a faulty vehicle. The important thing to consider is the number of deaths occurring every day, excluding the people involved in car accidents and sustaining severe personal injuries.

The main causes for car accidents are reckless and negligent driving and alcohol. Teenagers, according to the statistics, cause most car accidents Inexperience coupled with irresponsible behavior and a lack of respect for the safety precautions are the main causes for such a high number of teenage car accidents.

Another reason is the inattentiveness of the driver. Many people talk while driving, which might prove to be fatal because it distracts the driver from the road. Even though hands free mobile phones are the latest craze, the driver would be unable to concentrate on the road while on the phone. The best option would be to park and then take the call, or not take the call at all while driving. These rules have already been implemented in a number of states.

Inattentiveness can also be caused due to alcohol, drugs, or the driver being distracted by music in the car. This might prove to be perilous to other drivers on the road and might result in either distracting them with reckless driving or causing side or rear end collisions due to inattentiveness. Such negligence can even cause pileups in highways and must be avoided at all costs.

Car accidents can be very traumatic, sometimes affecting the person for the rest of their life. Other than the physical injuries that may result due to the accident, mental pressure might also result. A few precautions can eliminate the prospect of accidents on the roads and provide a safety net. It is advised to follow the safety road rules and not drive while on the phone or while on drugs or alcohol.

Car Accidents provides detailed information about car accidents, car accident injuries, car accident lawsuits, and more. Car Accidents is affiliated with Drivers Ed Games.

Auto Insurance Accident Fraud - A Crime of Defrauding Insurance Companies

2007-05-24T10:03:00.000-07:00

Crime is everywhere and all around us. Not all crime is requires the use of stun guns or pepper spray to thwart a potential assault or robbery. Some crimes are perpetrated by white collar or blue collar people who take advantage of others when they least expect it.

Many car accidents are merely insurance schemes designed to get the consumer to pay through higher premiums.

You are driving down the interstate when all of a sudden you are involved in a car accident. However, this is not just any car accident. You become a victim of a scheme to defraud your insurance company out of thousands of dollars. Nationally, insurance companies fork over millions of dollars a year to defend against misleading car accident claims by people profiting from these claims. How do car insurance schemes affect you? Who do you think pays for the cost of insurance scams? YOU DO!

You can prevent possible car insurance accident fraud by educating yourself on the techniques that are practiced today. Call your insurance provider if you believe you have been scammed or witnessed a scam. An insurance provider could reward you for your efforts in providing such information.

Here is a list of schemes used today by many white collar criminals.

Paper Accident

A paper accident is when a criminal actively solicits other people in the car repair and salvage industry to partake in accidents that only exits on paper. Crooked lawyers, doctors, and insurance agents are normally part of this scheme as well. The perpetrator will knowingly keep the claim less than $1,000 because most insurance companies will not investigate a claim less than this amount.

Hit & Run

A “hit & run” is when a perpetrator reports a false hit and run to their insurance provider.

Swoop & Squat

Swoop & squat is when a perpetrator abruptly pulls in front of a car (the swoop) and quickly slams on the brakes (the squat). An accomplice moves to the side of the targeted vehicle to prevent the trapped car from swerving out of the way. This is called “boxing in” a vehicle. Then all the passengers in the squat car report injuries that are supported later by a crooked medical doctor or chiropractor.

Sideswipe

This is a technique used in multiple turn lanes at an intersection. A perpetrator will continue to take multiple left turns until another car suddenly moves into the lane in which the perpetrator suddenly accelerates to force impact.

T-bone

This procedure is normally done in the absence of any hostile witnesses. The perpetrator sits and waits at an intersection and knowingly rams into a car as it passes. When police arrive to take an accident report, bogus witnesses show up all of a sudden and tell the officer that the victim ran a stop sign or a red light.

Wave

This tactic is normally done in heavy traffic and when there is a merge. The perpetrator waves to the victim and pretends to yield the right of way. As the victim begins to merge into the lane, the perpetrator accelerates his car to force an impact. When police arrive, the perpetrator falsely reports ever giving up the right of way.

Shady Helper

This could happen after an honest auto accident. A stranger accosts you after an accident and gives you phone numbers to an auto body shop, lawyer, or doctor. This could be a scam. The auto repair shop often fattens your repair cost, and the doctor may give you less than the required clinical treatment or none at all. A lawyer may try to convince you to sue the insurance company.

Most insurance schemes are performed by experts who role-play before actually committing the crime. They are normally very professional and skillful in their deeds, but that does not mean that you can take steps from becoming a victim. The following is some measure than can be taken to shift the advantage to your side.

Keep a disposable camera, pen and paper in your glove compartment. If you have a cell phone with a camera feature, this is perfect! A picture can be a valuable tool in an auto accident. After an accident, take a ton of pictures of every car including the passengers. Get as much information about every person in the accident including names and phone numbers of witnesses. The pictures along with your notes will leave little room for perpetrators to lie about the damage to their car and injury to their passengers afterwards. If you believe an accident was a setup, get good details about the accident! Protect yourself always!

What should you do if you are involved in an auto accident?

1. Exchange information with the driver.

2. Have your driver license, vehicle registration, and proof of insurance ready.

3. Count the number of people in the car and get their:

• Names

• Address

• Telephone number

• Note if they were wearing seatbelts

• Note if they acted injured only after the police arrived at the scene

4. Get the names, address, and phone numbers of anybody that witnessed the accident.

5. Contact police if you believe the accident is staged.

Remember. Even if you are not a victim in an auto insurance fraud, helping insurance companies deter insurance fraud crime benefits you, the honest consumer. The consumer will end up paying for the cost of auto insurance via higher premiums. This is something that many people do not want to do.

What these auto insurance scams can cost you

Record Blemished--Many insurance companies keep records of your driving history to measure the risk of insuring motorists. The driving history is what determines your eligibility to be insured by the insurance company. Whether an accident is faked or not, your driving record will be affected.

Victims Terrorized, Killed--Staged accidents for insurance claims is very dangerous to your health. It only takes one mistake by you or the perpetrators to take your life of the lives of your loved ones.

Premiums Increased--Everybody’s car insurance premiums go up because the cost of fake insurance claims is passed on to you, the honest consumer.

Car Accident - Do You Need a Lawyer?

2007-05-23T04:55:00.000-07:00

The need for a lawyer in a car accident typically depends on the circumstances surrounding the event. However, in view of a highly litigious environment, it is essential to look at the degree of the car accident and judge accordingly. A simple fender-bender can be settled through your insurer but an accident involving bodily harm or injury may require a lawyer. If no one is hurt, then one can usually do without the services of a lawyer.

The need for a lawyer will thus arise if one has suffered some kind of permanent injury as a result of the car accident causing loss of time away from work, school or household chores. In such an event you may want to consult a lawyer for representation in a claim against the person responsible for such injuries.

An attorney or a lawyer that deals with personal injury is who you need to contact for getting your case resolved. There are some cases that need the immediate attention of a lawyer such as:

Serious injuries resulting in broken bones, permanent injuries and

hospitalization.

The result of the car accident is death.

When there are other parties involved like pedestrians and other vehicles.

The question of who is at fault has not been adequately answered.

Inaccuracies in the police report making you the party at fault.

Involving technical, medical and legal issues.

Insurance matters like low limit on liability insurance, having no insurance, not having paid insurance premiums and problems with the insurer himself.

In some other cases, an attorney can be helpful but not necessary are:

Seeking advice on settling a claim, handling negotiations with an insurer

Requiring clarifications on terms of policy and confused on what rights you may or may not have

Seeking expert advice for paperwork

Determining if insurer is acting in bad faith.

When fault is an issue.

If there is an insurance claim process, it might necessitate the hiring of a car accident lawyer. Typically, lawyers in their advertisements will urge you to contact a car accident attorney so as not to lose your right to sue at a later date. They however, hardly ever specify the circumstances under which you would be required to do the needful. So then, how does one decide whether or not the advice of a car accident attorney is necessary.

Usually, the clear-cut claims do not require much advice or consultation from a car accident attorney. This would be in cases where the liability has been clearly defined and the person has admitted his fault, wherein injuries are only minor and medical and other expenses are negligible. It would also be applicable if there are no extenuating circumstances requiring investigation such as uncertainties about insurance coverage, questions about statute of limitations, previously existing injuries to the same body parts and complicated accident scenario. Most people do not know of these problems when they happen and prefer to handle their claims on their own and only later realize the need for a lawyer to clear out the mess.

The car accident lawyer will help when you are uncertain as to who is liable, how to handle your claim or even when you are unsure of negotiating your own settlement. Similarly, if the adjuster asks you to provide medical records prior to the accident, or makes you an offer that is not in consonance with your claim or even offers to pay you in parts rather than a lump sum, you may need to consult a lawyer for further clarifications.

It is however imperative that you consult a car accident lawyer when:

The insurance company denies your claim

You are seriously injured with huge medical bills or have only

residual disability

The injured person is a minor

Your claim is valuable but proof of loss is intangible

Liability is in question

Complicated facts and circumstances surrounding your accident

The injured party has slapped you with a lawsuit.

William Brister
http://legalproguide.com -An Answer to All Your Legal Needs.

Article Source:http://EzineArticles.com/?expert=William_Brister

How to Prevent Car Accidents & Pedestrian Injuries

2007-04-08T10:19:00.000-07:00

Pedestrian Safety Tips & Safe Driving Tips for Everyone Be Safe & Be Seen!

Did you know that more than 5,000 pedestrians die each year in the United States because they are hit by motor vehicles or bicycles? To be safe when sharing sidewalks and streets, it's important to be aware of your surroundings. By taking simple precautions, you can prevent injuries and possible death.

Three of the most common accidents involving vehicles and pedestrians are caused when pedestrians make the following mistakes:

1) Cross a road not at the intersection (jaywalking).

2) Walk in the road, not the side of road.

3) Walk in the road in the same direction as moving vehicles.

To help prevent these accidents, follow these simple Pedestrian Safety Tips:

BE SEEN: Avoid common traffic dangers.
Wait for drivers to stop and make eye contact before crossing a street. Don't assume they see you.
Cross at a corner or marked walkway, following traffic signals.
Sidewalks obviously are safer than roads, but watch for driveway traffic.
If there's no sidewalk, walk on the left side of the road, facing traffic.
Bicyclists should ride with the flow of traffic, preferably in marked lanes.
Look left-right-left before crossing any street, and keep looking until across.
Don't start crossing if a red signal is blinking.
When crossing on a green light, watch in all directions for turning cars.
Put a safety flag on a wheelchair, motorized cart or stroller for visibility.
Sharing public spaces with vehicle traffic takes extra care and attention by everyone. When everyone is courteous and cautious, it's safe to get around on foot, by bike, with skates, in wheelchairs or even via scooters. We all need to avoid risky situations, and when drivers follow these safety tips we all get where we're going safely!

BE SAFE: Slow down, look, anticipate.
Careful driving starts when you turn the ignition key.
Driveways and parking areas are hazardous. Pull out slowly, watching on all sides for pedestrians or any passers-by.
In public garages, drive-through businesses and commercial lots, watch out for those on foot or two wheels. Look in each direction, especially when they are crossing sidewalks and marked paths.
Before turning right on red lights, drivers must stop fully.
Make sure no pedestrian, jogger, bicyclist or wheelchair user is crossing or waiting to cross. They have the right of way.
Motorists turning left on green lights also must yield to anyone crossing.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

Article Source:expert=Marya_Sieminski

Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

2007-01-17T05:18:00.000-08:00

Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn’t register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim’s health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims’ care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away
having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)
slowness in thinking, speaking, acting, or reading
getting lost or easily confused
feeling tired all the time, lacking energy or motivation
changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *
feeling light-headed or dizzy, losing your balance
increased sensitivity to sounds, light, or distractions
blurred vision, eyes that tire easily
loss of the sense of smell or taste
ringing in the ears
mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily
irritability or crankiness
changes in eating or sleeping patterns
changes in the way the child plays
changes in performance at school
lack of interest in favorite toys or activities
loss of new skills, such as toilet training
loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Michael E. Williams is the Chief Marketing Officer for California Attorney Group. Mr. Williams leads the Firm’s Marketing Department and serves as a consultant to the Firm’s management, practice leaders and partners focusing on business planning and new business development. He has successfully integrated marketing and business development systems, programs and behaviors into the Firm's culture and operations. For more information, visit http://www.californiaattorneygroup.com

Article Source: expert=Michael_Eric_Williams

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Common Questions About Car Accident Claims

2007-01-17T05:06:00.000-08:00

Q: Do I have to be a U.S. citizen to make an insurance claim? A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally.

Q: How long do I have to file a lawsuit? A: Each state varies. In many states, you only have two years from the date of accident; minors usually have more time (they have until they are 20 years old in the state of Nevada, for example). It is critical to check with an attorney to make sure you know the right time limit for your case. Failure to file in time will forever bar your case and your recovery.

Q: What is the minimum automobile coverage I must carry in my state? A: In many states you have to carry a minimum of $15,000 per person $30,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $50,000/$100,000 liability policy.You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don’t wait until you are in an accident before realize you needed more coverage. These rules are governed by each state. Some states are “no-fault” states, meaning you only insure yourself. Check with state officials or your insurance agent to determine the minimum coverages and the types of coverages you need to carry.

Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement? A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident—that is, more than 50 percent at fault. This is true if you live in a comparative fault state (like Nevada). Some states are pure contributory states, and even if you are primarily at fault, you can still obtain a settlement. Again, check your state’s statutes.

Q: Does the insurance company have to pay for all of my medical bills? A: The insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, they are not required to pay for more than they contracted with their insured. For example, a $15,000 policy means they only need to pay $15,000, even if the case is worth $60,000.

Q: What if the other driver does not have any insurance? Can I still collect? A: If the other driver has no insurance, it will be much more difficult to collect unless you live in a no-fault state. Sometimes DMV can require that person to post a bond with them or they can no longer have a driver’s license. If the at-fault party has money, you may still recover, but it will be harder. The best thing is to carry uninsured and undersinsured motorist coverage on your own policy and let your insurance company worry about that.

Q: Will using my own insurance increase my rates? A: No in some states (such as Nevada): if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you. States like Nevada expressly prohibit this by statute.

Q: How long can I treat for my injuries? A: In most states, as long you need to. But there other considerations, including the amount of insurance coverage available and whether the treatment you are receiving is helping you get better.

Q: Do I have to hire an attorney to help me with my claim? A: No, any person can represent themselves, but there are many good reasons why you should. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an attorney.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

Article Source:expert=Craig_Perry

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How to Avoid a Car Accident

2007-01-17T04:53:00.000-08:00

Every year, thousands of people are involved in automobile accidents. In almost every accident, somebody acted negligently, and could have avoided the accident by exercising more caution.t

I have represented thousands of accident victims and seen over and over again common accident mistakes. Most of the time, only one person is at fault. Sometimes, more than one drive shares the blame.

The following suggestions are given to help you avoid causing or contributing to an accident. This is not a hypothetical list. This is a list gleaned from years of seeing thousands of situations occur in the lives of my clients.

Driving Under the Influence of Alcohol or a Controlled Substance. It’s never a good idea. Some of the worst accidents I’ve seen are caused by drunk drivers. Most people who consume alcohol do not think they are too impaired to driving. Alcohol impairs reaction time, and those fractions of seconds can make a difference in driving situations.

Falling Asleep at the Wheel. If you get tired while driving, pull over and take a quick nap. I drive long distances frequently, and I pull over when I get tired. Don’t fight hrough it.

Overcorrecting. Many of the accidents I see are people who overcorrect. People see something in the road they don’t want to hit, and they swerve to miss things that would not hurt them if they hit them. Road cones. Tumbleweeds. Rubber from tires. My advice is to hit the object, and brace yourself. In most cases, the consequences are far less severe than swerving at a high rate of speed. My wife just lost a friend who was ejected from her Hummer (she was not seat-belted, either) when her husband swerved to miss a road cone, rolling vehicle several times.

Running a Red Light. Don’t enter an intersection after the light turns red. Ever.

Turning Left on a Yellow Light. When the light is turning yellow, vehicles going straight try to beat the light. But the person who needs to turn left has been waiting in the intersection. The fatal mistake I have seen time and again is the turning party turns on the assumption that the speeding car going straight is going to stop. That is a risk you should not take. Assume nothing. Even though the light turns red, you are already in the intersection. Most street have a delay between when the light turns red the opposite lights turn green. Besides, you face far less risk with cars that see you ahead of them that are accelerating from a stopped start than to pull in front of a car going 45 miles an hour.

Following Too Closely. It is hard in crowded traffic to keep a safe distance between you and the car in front without someone cutting in front of you, but you have to discipline yourself to do it. Think of space as a big cushion or pad of safety. That buffer of space will save you from many accidents that occur when people in front of you have to slam on their brakes or take evasive action. Many of the rear-ender accidents I handle could have been avoided if people just gave themselves more space between them and the car. The rule of thumb is one car length per 10 miles an hour, or a 2-second buffer between you and the car in front of you.

Driving in the Parking Lane. The shoulder of the road is not a lane, even though many people use it. I have seen many accidents occur as people try and use this as a travel lane. People turn into them all of the time. Any lane to right of a white line is not a driving lane.

Failure to Adjust Speed Given the Road Conditions. Too many people travel too fast, ignoring speed limits. Also, people fail to adjust their speed when hazardous conditions exist. Speed limits are maximum speeds, and if hazardous conditions exist, drop your speed below the maximum so you can have time to react to approaching conditions.

Failure to Pay Attention. Many accidents also occur because people get distracted, talking on their hand-held cell phones, leaning down to pick something up, eating, talking to someone in the car, etc. Your car is not a restaurant, phone booth or office. Force yourself to avoid distractions and remember that fractions of seconds matter if you are going to avoid or prevent accidents.

Changing Lanes without Looking. Always check your and blinds blind spots when changing lanes. I have seen a number of side swipe cases because people failed to do this.

Making Illegal Traffic Maneuvers. Don’t’ make maneuvers, such as U-turns, in places where they are not allowed. The double dashed center lanes on many of our roads are not merge left lanes, they are left turn only lanes. Only use them for their intended purposes.

I know if everyone followed the rules, I would probably be out of a job! Most people will not take my advice--but I hope you do.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultations. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

For more information about this article or the services he offers visit www.craigperry.com

Article Source:expert=Craig_Perry

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Car Accident Do's and Don'ts

2007-01-16T06:05:00.000-08:00

A car accident can permanently change your entire life in the blink of an eye. If you have been seriously injured in a car accident through no fault of your own, you deserve to recover compensation to help you recover from your injuries.

“I hear about people all the time that put their car accident claim at risk simply because they either failed to do something, or did something else that they shouldn’t have,” says Jonathan R. Mani, a Charleston, West Virginia car accident lawyer, “the best thing to do is be aware of the different thing you should and shouldn’t do after a car accident.”

The time period immediately following you car accident is the most important time concerning your car accident claim. After a car accident, you should:
- Call the Authorities – The police will help sort out the situation and they will also create a police report about the car accident that will identify who they believe is at fault.
- See a Doctor – Injuries often arise months after car accidents occur, so it is important that you see a doctor immediately to determine if you have suffered any injuries that you are unaware of.
- Obtain Information – Get the contact information for all drivers, passenger, and witnesses of the car accident. Also, be sure to get the insurance information, VIN number, and license plate number of all the vehicles involved in the car accident.
- Take Pictures – You should have a disposable camera in your car that you can use to take pictures of the car accident. You should take as many pictures as it takes to get a good representation of what occurred.
- Call a Car Accident Attorney – An experienced car accident attorney will help you deal with the insurance companies and their adjusters, they will speak with the other drivers, and they will help you identify what injuries you have suffered from the car accident.

There are also certain things that you should absolutely avoid after a car accident. After your car accident, you should not:
- Admit Fault – Car accidents are confusing and complex, and you should never admit fault because after an investigation into the car accident circumstances, it may be shown that you were not actually at fault. By admitting fault, you may not be able to receive the appropriate compensation.
- Leave the Scene – This is not only illegal, but even if you are not at fault for the car accident, you will drastically limit your ability to recover from your car accident claim.
- Wait – Many people choose to wait for the insurance companies to contact them, or take their time to call an experienced car accident lawyer. This can severely impact the outcome of your car accident claim. If you have been involved in a car accident, it is important that you contact a car accident lawyer as soon as possible and get the ball rolling on your claim.
- Sign Anything – If you are presented with any papers from your insurance company or the other driver’s insurance company, make sure you have an experienced car accident attorney review them before you sign anything. Signing the wrong papers may prevent your ability to recover from your car accident claim.

If you have been involved in a car accident, one of the most important things you can do to benefit your car accident claim is contact an experienced car accident attorney to help you file your claim and recover the compensation you deserve.
Article Source:expert=Sara_Goldstein

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Winning Auto Accident Personal Injury Claim 101

2007-01-16T05:53:00.000-08:00

When someone harms us or prevents us from living a normal life, we are often desperate for vengeance. It is a normal feeling to be so overwhelmed with frustration, especially when an accident leaves us claiming workers compensation or getting nowhere when our insurance companies just don’t seem to listen.

If you have been harmed by another person – whether it is emotional pain or strictly an auto accident injury, you have every right to file for a personal injury claim. However, you must keep everything on file. From doctors files to medical bills and fees; this is the only way you are going to back up that you really do need compensation. Due to the person’s fault, you do not only have to leave work, but you also have financial burdens piling up.

When you do end up in an accident and acquire an auto accident injury, you must follow the following steps. Make sure you write in full detail what happened. Also take a lot of photos documenting the accident. If you don’t do these things immediately, chances are you will forget minor details days later. These minor details could actually help your personal injury claim, thus it will benefit you down the road. Additionally, find witnesses who may have been around the accident. This will help you pick witnesses for your case and will also be a major resource against the defendant.

Once you have documented all of this information, you must get a medical examination. The doctor’s notes will prevail in court, especially when there are photos that go along with the record. After you get checked by a professional, ask to get a copy of the billing, to make sure you document the amount of money you have been spending.

While all of these things are vital, you will never win a case unless you have a personal injury attorney. Hiring a personal injury lawyer will not only increase your chances of compensation, but insurance companies tend to negotiate quicker when they see that you have support. The last thing an insurance agency wants is any bad publicity. They want to avoid all law suits, especially ones that could leave them bankrupt!

If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. However, make sure you find their references, call their former clients, and read up on what cases they have done. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

Just because you have an auto accident injury, doesn’t mean that you will be scarred for life. File for a personal injury claim, hire a lawyer, and keep your head up high. If you have followed the above tips when you get into an auto accident, you will be more than prepared.

Natalie Aranda writes on family and law. If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

Article Source:expert=Natalie_Aranda

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The Necessity In Preserving Post-Car Accident Evidence

2007-01-16T05:29:00.000-08:00

The least known and most crucial step in preserving evidence after a car accident is to collect as much information as possible immediately following the car accident. By collecting such information at the time, you are helping preserve evidence that may be lost, or more difficult to collect, later on in your car accident claim.

The following information could prove critical to a satisfactory resolution in a car accident claim you may wish to pursue:

· Names and contact information of drivers
· Names and contact information of the vehicles’ registered owners
· Driver's license numbers
· Names and contact information of all passengers
· Names and contact information of any witnesses
· Names of drivers’ insurance companies and policy numbers
· The location of the car accident
· How the car accident occurred (you should write this down with as much detail as possible while your memory remains fresh)
· Your impression of whether any of the drivers seem to be under the influence of drugs or alcohol and the reasons for your suspicions (red eyes, slurred speech, lack of balance, etc.)
· A description of all injuries and damage to vehicles and property
· The names of police officers that responded to the scene
· Whether anyone claimed responsibility for the accident
· If you have a camera, take many photographs of the scene of the accident and of your injuries

As in most car accident claims, it will be in your best interest to obtain skilled legal representation by an attorney that specializes in car accident cases. You should also limit the information you share with anyone other than your attorney to the first three items in the list above. Do not admit any responsibility for the accident to anyone at the scene, as evidence recovered later may prove you to not be at fault.

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What is a Wrongful Death Case in California?

2007-01-04T13:59:00.000-08:00

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within one (1) year from the date of the wrongful death.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor’s support. As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.

Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES

Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.

Funeral and Burial Expenses - The cost of funeral and burial expenses.

The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided

The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.

The loss of the enjoyment of sexual relations with the victim.

The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.

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New York Civil Law's Collection Provision

2007-01-04T13:48:00.000-08:00

In civil law the idea of reckless disregard is often the foundation for many civil cases. A party that acts in a way that endangers the general health and well being of others is a principle for many of our nation’s lawsuits.

To win a civil case, a defendant must prove that by a preponderance of the evidence, the plaintiff is at fault. New York has a special law that can come into play for civil cases.

First of all we must look at the idea of contributory and comparative negligence. Lets say you own a small car and you go for a drive to your favorite recreation spot. Suddenly out of nowhere your car hits a pothole and destroys one of your tires. You pull over to the side of the road and while changing your tire you notice a large chunk of gold on the other side of the road.

Thinking its your lucky day you begin to walk towards it only to be hit by a speeding truck that shatters your pelvis and tears a couple of your knee ligaments.

In some states if you sued the truck driver you would lose because the state uses strict contributory negligence guidelines. Basically since you walked in front of the truck you lose your case because you personally contributed to the accident. Others say that if you were more than 50% responsible you will lose your case.

However some states use contributory negligence which means that while you walked in front of the truck, the fact that it was speeding contributed to your injuries and will award damages based on the facts of the case.

Suppose this happened in a school zone and the truck was estimated to be traveling at 50 mph. It is reasonable that while you walked in front, the truck’s speed and subsequent inability to avoid the collision make the driver 75% at fault.

Percentages and how they are decided are for the most part much more difficult to explain so I chose an arbitrary number.

Now lets take that concept and apply it to a case with multiple defendants.

Lets say the driver tried to stop but his brakes failed. Let’s say you decide to name the brake manufacturer in your case.

You also discover the car manufacturer knew of brake failures but failed to remedy the situation.

So this presents a case of 3 parties you’re suing. A jury can then decide comparatively how much each company must pay. In this scenario, its likely the driver and brake companies would be the most liable and the auto manufacturer would be the least liable.

Now lets also suppose that the brake manufacturer went out of business but they are found to be 50% liable for your injury. In most states you have no legal recourse for their share of the amount simply because of the fact that they don’t exist.

Now remember I included that the car manufacturer knew of the brake manufacturer’s problems and failed to remedy them.

Under New York law they can be held responsible for the brake company’s share because they acted with “reckless disregard” towards the situation.

They would be forced to pay the brake company’s share because the company is labeled as a non-settling defendant because there is no way to recoup from them.

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Stoke-on-Trent No Win No Fee

2007-01-03T06:41:00.000-08:00

The City of Stoke-On-Trent is well known for the ceramic industry. It is better known by the locals as “the potteries”. The history of the production of pottery dates back to the 17th century. The area was ideal because of the abundance of clay and coal. Also salt and lead were needed used for the glazing and there was plenty of this in the area. In 1769 Josiah Wedgwood built one of Britain’s first large factories which became a famous name in the world of ceramics and is still in operation today but on a smaller scale. There are many museums around the city that go into details the whole history of the ceramics industry.

There were lots of disease and illnesses in the ceramic industry and many people died due to the toxic substances that they were exposed too. Lead was one of the worst and is the most toxic to man. It was used to create colours on pottery and the painters and glaze-dippers accidentally absorbed the lead into their blood streams though their skin and through licking the tips of their paint brushes. This eventually with enough exposure would tern to lead poisoning which was known as “potters rot” in the industry. This could result in paralysis or even death.

Other illnesses potters were susceptible too were serious respiratory diseases. Silica was another dangerous mineral that the potters were exposed too. Silica is a common mineral which is made up of sand and rocks and is the main ingredient to ceramic glazes. Inhaling silica dust can cause silicosis which is a fatal lung disease and many people suffered as a result. It is one of the oldest known occupational hazards.

Workers compensation was available to those who suffered as a result and rightly so. These days we are a lot more health and safety conscious and aware of dangers that we previously were oblivious too. And if we have even the most minor accident that was not our fault we can and should try to claim compensation. This is every person’s civil and legal right.

No win no fee agreements took over from legal aid in the late 90’s and is now available for everyone who has a personal injury and wants to be compensated. The good thing about no win no fee is that solicitors will not take on a case unless they are sure they will win it.

If you have had an accident in the Stoke area and would like to find out if you are entitled to compensation then you should look for a competent solicitor with experience in personal injury. There are many solicitor firms in Stoke but the best ones are those that offer free professional advice. With the technology of the internet now, we can shop for car insurance, loans, cars and even no win no fee solicitors. So just because you live in a little town without any solicitors you can log on to the internet and find the best one suited for your particular claim. You need a company that offers free advice over the phone and can tell you exactly what your chances are.
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Whiplash Compensation Claims

2007-01-03T06:25:00.000-08:00

Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards. People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue.

The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays. Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.

To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation. For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilizing disability. And if the accident was not your fault then you would be daft not to take legal action. There are now “no win no fee” agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.

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Hiring An Accident Lawyer Takes Consideration

2006-12-30T05:29:00.000-08:00

If you've been injured in an accident that's serious enough to require legal representation, you owe it to yourself and your family to ensure that you hire a good lawyer. This means being cautious about ambulance chasers and taking the time to check out backgrounds before hiring an accident lawyer.

Whether it's a car accident, a slip and fall or some other form of catastrophe that led to the injury, a good accident lawyer will work for you, not just for money. Hiring a lawyer takes time, consideration and patience to be certain the best person for the job has been hired. For those who are uncomfortable hiring a lawyer, when a serious injury is involved, lost wages, medical bills and other needs might stack up and require the hiring of an accident lawyer.

If you've been injured in an accident, there are some things to consider before evening making the decision to hire an accident lawyer:

* How serious is the injury that resulted from the accident? Litigation over a minor scrape or bump might not be wise, but if you've been side-tracked from your professional or personal life, hiring a lawyer makes good sense.

* Are the damages you've suffered enough to require the hiring of an accident lawyer? For example, if your injuries are very minor and your expenses are covered completely by your own insurance, is it really necessary to hire an accident lawyer? Clogging up the legal system with unnecessary cases doesn't do anyone any good. A good lawyer won't take a frivolous case.

* What do you have to gain?

* Do you have a solid case?

If you've answered these questions and feel you need to hire an accident lawyer, don't run out and hire the first one you find. You need to consider some things first. Before you agree to hire a lawyer make sure:

* The lawyer you're hiring has experience in both in and out of court cases. If you case should go to trial, getting a rookie might not be the best.

* The accident lawyer only charges if your case is won. This is very important, especially if you've been out of work due to the injury. If your lawyer doesn't offer this agreement, don't consider hiring. A good accident lawyer has confidence in his or her ability to win and will therefore hold off charging until a victory has been obtained.

* Free consultation. A good accident lawyer should be willing to hear your case at no charge. Take advantage of this so you can decide if you want to work with this person. It's important you feel comfortable with the accident lawyer you're considering hiring. A good line of communication is important to help a case along.

* Check into the accident lawyer's background. Make sure he or she has proper licensing within your state and is in good standing with the bar association.

Hiring an accident lawyer is a very big undertaking. Since you're likely injured and have suffered financial loss, it's important to ensure you hire the best professional for the right reasons.
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Understanding Accident and Injury Claims

2006-12-28T08:55:00.000-08:00

For most people understanding and filing claims can be frustrating and confusing, mainly because there not something we usually have to deal with in our day to day lives unless we are directly involved with a mishap like an auto accident or a job injury. While we may have heard about compensation claims, accident claims or injury claims more than likely we did not pay much attention because they aren't very important unless tragedy falls upon us or a family member. If you find your self unable to work because of a job related injury or from an accident you are now faced with figuring out hat you can do to file a compensation claim for your accident.

Unless you just happen to be a lawyer, you will need to get a professional to handle your compensation claim to get all the benefits that you are entitled to receive. Fortunately you can get all the help you need when you use the professional services of a solicitor. They are the perfect solution use by thousands of people every year to handle their claims for them. Interesting enough most people are not even aware of all the types of claims for compensation that they could file and often miss compensation they are due.

Accident and injury claims are possible for; injury or death caused due to medical accidents, work related accidents, automobile accidents even on public transportation like on buses or in subways. The list is endless and can include slipping or falling down in restraints or office building due to things like a wet floor that posted to warnings. Often time people have purchased defective merchandise or products that may caused an injury and over look or miss out on benefits because they never filed compensation claim.

So what constitutes being able to file a compensation claim you may be wondering? And the answer is simple, in general claims are derived for the fact their were damages and

Compensation amounts are what an individual would receive for the pain, suffering and loss of amenity the person had to go through because of the accident injury. For you to make this claim a solicitor would have to obtain a medical report confirming your medical history in connection for what you are claiming for.

The circumstances of the misfortune, the injuries you received and further cures you have to under go have to be explained. A professional solicitor would then be able to give you an estimate as to how much money you should be awarded.

More over when you visit professional solicitor for counseling they will want you to tell them all about what happened. So it's always great and important that you made some detailed documentations of your accident that will come in handy as you can make use of these notes to explain your injury claim to the solicitor providing them with specific details of the accident or injury.

If possible, you should also hand over any photos you may have of the injury scene of the accident and a copy of your medical report, if you have one. Don't be overly concerned if the professional solicitor doesn't say too much on your first visit and don't worry if you see them taking notes from time to time. Professional solicitor do this to jog their recollections of facts they may want to ask you more about later or use against the responsible party.

No Win No Fee Accident Claims

2006-12-28T08:42:00.000-08:00

When someone has an accident and the cause was someone else’s negligence there is the question, should I try and sue for damages? Thousands of people every year have accidents that were no their fault but they don’t claim for compensation. This is madness!

The accident may have been quite minor, like a slip on a wet floor which caused you to fall and break your leg. Your leg may have healed well so alls well in the end. You could have lost a lot of earnings and missed out on a special occasion. What about if your accident was a lot more serious, like being run over by a car and having your leg so badly damaged it had to be amputated. Either way you do have a moral and legal right to claim compensation. The trouble with all legal wrangles is that they can be very stressful, long lived, expensive and not always successful.

Up until the late 90’s Legal Aid was available for personal injury claims. If you had had an accident you could go to a solicitor and they could claim their fees and expenses by applying for Legal aid. The claimant would end up paying nothing or very little fees. Because of the amount of cases for personal injury the government abandoned this and withdrew its funding. It was replaced with conditional fees agreements or “no win no fee” agreements which is putting the risk onto the solicitor. Now solicitors will work for free under the agreement that if they don’t win the case they wont get paid. This makes solicitors only take on cases they know they have a good chance of winning. None of the winning compensation goes to the solicitor, the total award goes to the victim and the solicitor gets his fees and expenses from the insurance company of the losing party.

As much as this sounds great, there is still the issue of the trauma of a possible court case. It is a decision you have to take early on, are you prepared to go to court? What if I loose? How will I pay my solicitor if we do lose? You can obtain insurance in case you loose the case and you should find this out from the start. A good solicitor will tell you all the possible outcomes and how to be prepared for them.

Things to remember are not all “no win no fee” agreements are all the same. You need to be sure you understand the contract you are signing. Legal jargon can be quite baffling but you should not be put off. Find a solicitor who can explain everything to you in simple English.

If you can find a company that offers a consultation free of charge then make an appointment, if you not happy and don’t understand what was said, visit another. Keep looking until you are happy with your solicitor. Find one with experience in dealing with personal injury claims and maybe even a similar accident to your own. Finding a good solicitor will make the whole process less traumatic and stressful and give you some piece of mind that everything is getting taking care of and your best interests are foremost in the solicitors mind. A company that offers no win no fee is a must but you must make sure there are no hidden costs. The last thing you want to spend months going through the procedures only to loose and be stumped with a bill. Make sure you completely understand what the no win no fee agreement means.

If you are ready to put in a no win no fee compensation claim then accident consult may be able to help you. They are experts dealing in compensation claims and will give you free impartial advice.

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Why You Need a Truck Accident Lawyer

2006-12-28T07:31:00.000-08:00

Commercial trucks are massive vehicles that can weigh tens of thousands of pounds more than average passenger cars and trucks. If you are involved in an accident with a commercial truck, the damage inflicted can be devastating.

Thousands of people every year are involved in serious truck accidents. For many truck accident victims, their lives are changed forever as a result of the injuries they have suffered. There are also many families whose lives are turned upside down when their loved one is killed in a truck accident.

Truck accidents are difficult incidents to handle without the aid of an experienced truck accident attorney. Not only are they usually much more serious than regular traffic accidents, but truck accidents almost always involve multiple parties, including:
- Truck Drivers
- Trucking Companies
- Truck Owners
- Other Car Drivers
- Insurance Companies

Commercial trucks are required to follow unique laws and regulations that can be difficult to understand and handle without an attorney who is experienced and knowledgeable about all the applicable laws. These unique laws and regulations often help prove that you are not at fault for the tuck accident.

An experienced truck accident attorney will not only be able to help you file your claim and preserve key evidence, they will work with the insurance companies and any other drivers to help you show who is at fault for the truck accident and who should be held liable for your losses.

An easy way to find customized, detailed information is by contacting a personal injury attorney in your area.

Claiming Compensation for Motorcycle Accidents

2006-12-25T06:46:00.000-08:00

Motorcycle accidents can kill and it is hardly surprising. As a motorbike rider you are 40 times more likely to be killed than car drivers or passengers. You are more likely to be killed on a motorbike than any other means of transport. In 2004 over 500 people were killed in road accidents and over 6000 were seriously injured. These are scary statistics but they are facts and need to be addressed seriously. Another important statistic is that 80% of motorcycle accidents were caused by the negligence of another. Obviously motorcyclists are very vulnerable because of the lack of protection they have and the fact they only have 2 wheels to keep the bike on the road. If a bikes crosses a man hole or some oil on the road it is a lot more difficult to keep control of a bike than it is a car. Also the injuries you are likely to sustain will be a lot worse than a car accident.

So why are motorcycles so appealing to people when they are so dangerous? Well unless you have driven a bike this can be hard to understand. Having driven motor bikes in my youth I can understand the thrills. For me it was a case being a bit of a tom boy and not being old enough to drive a car and I needed transport to take me to work and back. It was only when my second bike was stolen from my front garden that I decided to learn to drive a car and leave my biking days behind. The cold weather in winter was another factor which convinced me to learn to drive a car. But I will never forget the feeling of being astride a motorbike with just your clothing and helmet as protection. There is nothing better to get the adrenalin going than riding a bike. To this day even though I have had a motorcycle accident I still would like to get another bike if only for the summer.

To have an accident on a motorbike is quite a scary experience. Back in the late 90’s I was involved on the back of my boyfriends motorbike when a car came out at a junction and drove straight into us, obviously not seeing us at all. We were both thrown from the bike several feet. Luckily for us we were not traveling very fast and the injuries were not too serious. It could have been a lot worse as I was stupidly wearing a short skirt. Normally I would have been wearing jeans and leathers but that night it was a warm summer evening and my boyfriend was giving me a lift just one way so I thought I would chance wearing a skirt! Big mistake! My arms and legs were badly scratched from the tarmac but I was lucky not to receive more severe injuries.

Our injuries may have been minor but the accident was not our fault and there was damage to the bike, our selves and the leather coats we were wearing. Also once you have had an impact on your crash helmet you are supposed to replace it. With all this in mind we went to see a solicitor and started proceedings. The driver of the car admitted to not seeing us at all so it was a simple case and we won a substantial amount of compensation. It took about 3 months but it was worth it as we replaced our crash helmets, fixed up the scratches to the bike and I bought some much need leather trousers.

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