Public Transport Accident Claim

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Public transportation accidents are accidents involving public airplanes, buses, trains, subway, taxis, and rideshare vehicles like Uber or Lyft. These accidents are taken more seriously than others since these vehicles hold more than one person, usually a mass group of people. If these public transportation vehicles, or “common carrier” vehicles, get involved in an accident, more than several people can get injured.

What are Common Carriers?

A common carrier is a type of transportation vehicle that transports one or more persons in exchange for money. Popular examples include Greyhound and Metro buses, airplanes, yellow taxis, and rideshare vehicles.

The Texas Supreme Court defines common carriers as:

“A common carrier is under a duty to exercise such a high degree of foresight as to possible dangers and such a high degree of prudence in guarding against them, as would be used by a very cautious, prudent, and competent man under the same or similar circumstances.”

Finding Negligence with Common Carrier Accidents

When proving negligence with regular motor vehicle drivers, lawyers look for “ordinary” and “reasonable” decisions. With a common carrier driver or operator, they must be “cautious,” “prudent,” and “competent.” It’s easier to determine who remains at fault when it comes to public transportation accidents.

The people who could be responsible for these wrecks including:

  • The driver
  • The owner of the common carrier
  • The manufacturer of the common carrier*
  • The company or individual who failed at maintenance of the common carrier

*These people are only liable if there are defective parts. 

Unlike with typical motor vehicle accidents, determining fault may be difficult with public transportation accidents if the entity is owned by the state or municipality. Finding out whether the entity is public or private will help you in your public transportation accident case.

If the common carrier is owned by a government entity, restrictions may apply regarding these cases including:

  1. Statute of limitations
  2. A 180-day timeline for Texas
  3. A written notice of the lawsuit before filing the lawsuit.

Each state handles government entity lawsuits differently, and most time, they are difficult. Contact your lawyer to see if you are able to file a government entity lawsuit in your state.

Common Injuries with Common Carrier Accidents

Like all other accidents, common carrier accidents have injuries of the same nature, like:

  • Traumatic brain injuries
  • Neck injuries
  • Back injuries
  • Spinal cord injuries
  • Burn injuries
  • Slip and fall injuries
  • Lacerations and amputations

What to Do If You’ve Been in a Common Carrier Accident

Because there’s more at stake with these kinds of accidents, it’s important you stay protected. Collect all information you can from the accident. This includes statements, photographs, contact information, the company of the vehicle you were riding in, etc. The more information you collect, the more you can provide for your attorney for your case.

After that, seek medical attention immediately. Obtain all medical evidence and reports. Some injuries take weeks, even months, to appear, and once they do, people won’t believe that it came from the accident. Documenting your injuries as they come will help build your case. Once all this has been taken care of, it’s best to contact a lawyer for your public transportation accident.

Conclusion

Remaining vigilant on the road isn’t just for commuters in their own vehicles. Staying safe goes for all vehicles, especially common carriers. If you have been involved in a public transportation accident, don’t hesitate to contact your personal injury lawyer right away. Most insurance companies don’t wait to collect information that could damage your case if you go to trial and it’s vital that you protect yourself as soon as possible.

Hank Stout

Hank Stout co-founded Sutliff & Stout, Injury & Accident Law Firm, to protect and pursue the rights of people who were harmed by the carelessness of others. Mr. Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel.

Oklahoma Construction Site Injury

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As of 2018, 85,600 people were working in the construction field in Oklahoma, building and maintaining our infrastructure, workplaces, homes, and more. Unfortunately, the risks associated with working on a construction site are high, and people are getting injured every day.

Construction Site Statistics

Working on a construction site is a risky endeavor. Every day, construction workers handle hazardous building materials and electric wires, scale tall buildings, and operate heavy machinery. It’s no wonder that research has found that construction work is one of the most dangerous industries.

According to data by the Occupational Safety and Health Administration, or OSHA, one in five worker deaths is in the construction business. These deaths were primarily caused by what OSHA calls the “Fatal Four.”

The “Fatal Four” indicates the following:

  • Falls: 33.5% of construction site fatalities happen due to serious slips and falls. This can include incidents such as tripping over improperly placed construction equipment, falling into hazardous material, or falling off of poorly secured scaffolding and ladders.
  • Struck by an object: 11.1% of construction site deaths happen when the worker gets hit by an object. This can include being struck by a flying object, like a misfired nail gun, or being struck by a falling object, such as a tool. This also includes being struck by a swinging object, such as heavy machinery, or being struck by a rolling object, such as a vehicle in motion.
  • Electrocution: 8.5% of construction-site fatalities occur because of electrocution. This can occur when wires and other electrical conduits are not safely used or secured, or when workers are improperly trained in electric work.
  • Caught in or in between an object: 5.5% of construction site deaths occur when a worker is caught in or in between an object. This can include cave-ins, body parts being pulled into machinery, or when the worker gets caught between the equipment and a fixed object.

OSHA has said that eliminating these causes would save almost 600 lives a year. While the “Fatal Four” are the most dangerous types of construction-site accidents, there are countless ways in which someone can be hurt while working on a construction site.

In the event of an accident, workers could suffer severe injuries that could have a lasting impact on their lives and livelihood. When this happens, they may need to turn to an experienced injury lawyer to help them get the workers’ compensation benefits they’re owed, or help them file a third-party injury claim. While not all workers are aware of their rights and legal options, a personal injury firm like this one, Abel Law Firm in Oklahoma City, could help them recover compensation. The firm lists the following as types of construction cases they handle:

  • Construction Equipment Defect
  • Construction Company Negligence
  • Slip and Fall Accidents
  • Repetitive Motion Injuries
  • Lifting Injuries
  • Exposure to Toxic Substances
  • Head/Brain Injuries
  • Amputations

For injured workers, an accident could mean not just physical pain, but also serious financial stress and strain. For those whose paychecks are the primary or sole means of supporting themselves and their families, an accident could have a devastating impact on their life and livelihood.

For this reason, it is recommended that all employers provide a safe workplace and reinforce safety procedures. Employees should also pay attention to proper safety procedures and processes to keep themselves and their co-workers safe.

Jessica

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How Do You Get Motor Vehicle Accident Benefits and When Do You Hire A Lawyer After A Collision?

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Nearly thousands of people are injured in a motor vehicle accident due to misconduct or negligence. Generally, all motor vehicle owners should be insured. If a person suffers an accident and seeks compensation for reimbursement of financial loss to the insurance company, the company reimburses the loss. Thousands of people suffer from motor vehicle accidents every day, and half the accidents are cases which are not recorded and who don’t hire Ottawa motor vehicle accident lawyer. If you have been the victim of such an accident, then you have every right to demand compensation with the help of Ottawa motor vehicle accident lawyer.

WHAT ARE THE ACCIDENT BENEFITS

If you have been injured in a motor vehicle accident, you may be entitled to financial benefits. If you have suffered a lot due to the accident, you can ask for compensation for it, and the company compensates you for the damage without any argument. If you are still unable to get the benefit, you can request an Ottawa personal injury law firm.

WHEN SHOULD YOU HIRE A LAWYER

If a person is injured due to an accident and is suffering from psychological and mental injuries, they are entitled to compensation. If a person is experiencing the following problems after an accident

  • Long-time health affected
  • Death in accident
  • A hospital stay or broken bones
  • If the accident happens in the construction zone
  • Medical bills costing very high

WHY SHOULD HIRE A OTTAWA MOTOR VEHICLE ACCIDENT LAWYER

Being injured in a motor accident can undoubtedly be a cumbersome experience. When paying for physical injuries and property damage, you forget where to start the process. If you have been a victim of a motor accident, you may need to hire an Ottawa motor vehicle accident lawyer to claim compensation. Ottawa motor and vehicle accident lawyer tells you how to deal with the compensation claim process.

If you have been injured in an accident due to the negligence of another person, you should take the Ottawa motor vehicle accident lawyer in your interest as soon as possible. They will represent you in your accident process.

  • Determine the compensation claim

If you determine a lawyer, it helps you know how you are qualified to claim accident insurance and which applications give you a big chance.

  • Handle the insurance compensation

No ordinary person has the experience of interacting with other insurance companies, so it becomes difficult to know how to represent your best interests and get the value of your claim. If an ordinary person interacts with an insurance combination, then they give you the wrong details. Still, if you make compensation claims for the insurance companies by the lawyers, then the insurance company gives you full compensation, and Ottawa personal injury lawyer fights for your rights.

  • The true value of injuries

You are entitled to compensation if you are facing complications due to a motor accident. Lawyers know the real value of claims made in a motor accident. Lawyers protect you from future victimization due to accidents.

  • Injury lawsuit if necessary

The most crucial benefit of getting an Ottawa motor vehicle accident lawyer in a motor accident is that you can get advice on legal options. If the insurance company does not offer you the appropriate compensation amount, the lawyers prepare you to file a lawsuit and entitle you to the compensation amount.

Mike

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Steps to Take If Injured in Car Accident in New Jersey

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If you have been injured in car accident, take immediate steps to protect your rights by contacting a New Jersey car accident attorney. 

When it comes to car accidents, no one is immune. The average driver will be involved in three to four crashes during their lifetime. That is a startling statistic to say the least. Best case scenario, you have a fender bender and everyone goes home safely. Worst case, you are left with severe injuries and fatalities occur. Callagy Law’s Paramus car accident lawyers are committed to fighting for your rights in the aftermath of a crash.

To ensure you can make a strong claim and maximize a potential settlement, it is important to take the following steps:

What to Do Following a Car Accident: A Quick Checklist

  • Stop and Check for Injuries
  • Call 911 or Local Law Enforcement
  • Try to Document the Scene
  • Seek Medical Attention As Soon As Possible
  • Report the Accident to Your Insurance Company
  • Contact an Experienced New Jersey Car Accident Attorney

Stop and Check for Injuries 

New Jersey law requires you to stop and stay at the scene of any accident until law enforcement responds or you are cleared leave, even if damage is minimal and there are no injuries.

If you can, move your vehicle to a safe location (e.g. the side of the road, a parking lot) so it does not put other motorists at risk. If you cannot, set up flares if you have them and/or turn on your hazard lights.

Check to see if you or any passengers have injuries. Remember, your injuries may not be visible, and adrenaline may be masking them. More on this in a moment.

Call 911 

You are required by law to report the accident to law enforcement as soon as possible. If there are injuries and/or extensive damage, call 911. Be sure to tell the dispatcher your location (street, intersection, mile market, etc.), whether there are any injuries or anyone is complaining of discomfort, nausea, or pain, or if there are hazards, such as traffic problems or overturned vehicles.

The police will respond if there are injuries, hazards, and/or if any driver is suspected of being impaired.

If you can, exchange insurance information with the other driver. Do not apologize or admit fault; you may say, “Are you injured?”

When you talk to law enforcement, give them the facts and only the facts. Do not guess or speculate: if you do not know the answer to a question, simply say, “I don’t know.” If you are asked if you are injured, tell them that you are going to the emergency room for an evaluation.

Try to Document the Scene 

Your safety is the top priority, but if you are able, try to take photos or video of the scene. Document damage to the vehicles, location of vehicles, visible injuries, the road conditions, weather conditions, any road obstructions (potholes), street signs, signs of intoxication, demeanor of the other driver, passengers, and witnesses, etc. You may not need all of this evidence but is better to capture everything you think may be useful later.

Seek Medical Attention As Soon As Possible 

Some injuries are obvious: a broken bone, lacerations, etc. Others are more subtle. Symptoms may not present themselves for hours or even days after the accident, but they can be serious or life-threatening. Conditions like head/brain trauma, spinal injuries, and internal bleeding, for example, can be dangerous if not treated.

It is also important to seek medical attention immediately so you can build the strongest case for compensation that you can. Even if you do not plan on taking legal action, it is a smart idea to leave the option on the table. You need documentation regarding the nature and extent of your injuries. Be sure to go to the emergency room as soon as you can.

Report the Accident to Your Insurance Company

Many insurance companies require you to notify them of an accident within 72 hours, and many require you to do so immediately. Just as you do when talking to law enforcement, do not guess or speculate. Stick to the facts about what happened. Do not admit fault, either at the scene or later.

Contact an Experienced New Jersey Car Accident Attorney

The other driver’s insurance company is likely to contact you as well. Their primary concern is not for your safety and certainly not for your financial situation. They want to minimize their payout. They may offer you a low ball settlement figure or even try to get you to admit fault so they can deny or reduce compensation.

It is best to contact a New Jersey accident attorney as soon as you can. We can negotiate on your behalf with insurance companies – and we never back down. Our team will work with you to develop a compelling case and maximize your settlement.

Dealing with an injury is difficult enough; trying to wrangle with insurance companies and the justice system on your own can be overwhelming. Let us help. Contact us today for a free consultation.

Mike

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Steps to Take If Injured in Palm Beach County

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Personal injury law is a wide umbrella under which many different types of accidents and incidents fall. Whether slipping on a poorly maintained floor or being struck by a distracted driver, an injury can wreak havoc on your life. Not only do you experience physical pain and discomfort, you often contend with significant financial consequences, not to mention stress and anxiety. You may be entitled to compensation – but the clock is ticking. Consult with an experienced personal injury lawyer as soon as possible.

Injured in Palm Beach County?

Countless personal injuries occur every day; claims and lawsuits are, not surprisingly, common. Accidents happen. People make mistakes. While true, this does not mean that you need to suffer physically, emotionally, and financially because of the wrongful, reckless, negligent, or careless actions of another party.

Personal injury can result from:

  • Car accidents
  • Bus or truck accidents
  • Motorcycle accidents
  • Cyclist and pedestrian accidents
  • Slip and falls
  • Defective products
  • Workplace accidents
  • Dog bites

Regardless of the type of incident, if you have been injured in Palm Beach County, it is essential that you take the following steps:

  • First and foremost, ensure your own safety. If you have been in a car accident, for example, assess yourself (and passengers, if applicable) for injuries. If possible, move your vehicle to a safe spot, such as the side of the road, so it does not interfere with traffic or contribute to further incidents.
  • Report the incident to the appropriate parties or authorities. Again, in the case of a motor vehicle accident, call 911 or the law enforcement agency that has jurisdiction over the area in which the collision occurred. For a dog bite, contact animal control; for a workplace accident, report it immediately to a manager or supervisor; and for a defective product, inform the Consumer Product Safety Commission (CPSC). If you are not sure to whom you should report your injury, contact LaBovick, LaBovick & Diaz’s team of experienced personal injury attorneys. We can help you take the appropriate next steps.
  • Document the Injury. Recollections can change and shift; memories become fuzzy or uncertain over time. It is critical to write down everything you can remember about the incident as soon as you can. Describe the situation and conditions, what you were doing, who else was there, what time of day it was, and any other details you can recall. Take pictures of any visible injuries or damage to property as well. It is helpful to turn on your camera or phone’s timestamp function as well.
  • Request the Names and Contact Information of Witnesseses. If there are witnesses to your injury, ask for their names and contact details. You cannot compel them to provide this information, so always be polite and respectful.
  • Contact a Personal Injury Lawyer. After you report your accident or injury to the appropriate authority or party, consult an experienced attorney. It is vital that you do so before speaking with the third-party’s insurance company. They will often offer a lowball settlement, hoping to “cut their losses” and dispose of your claim as quickly as possible – and at the least cost for them.

While an offer might sound attractive initially, if your injuries worsen, if you are out of work for an extended period of time, and/or if you require more extensive treatment, this will dwindle rapidly.

“Personal injury” is an exceptionally broad term. These are general steps you should take after an injury. Even if you do not initially want to pursue legal action, it is still important to set yourself up for success if you change your mind later.

How a Personal Injury Lawyer Can Help You

A consultation with a personal injury lawyer can help you accomplish a number of important goals. Primarily, they will listen to you and help you determine if you have a viable claim.

Sometimes, as cliche as it is, accidents really do just happen. In other cases, injuries are the result of another party’s negligence. Your attorney can walk you through the situation and guide you towards the next steps.

If you do have a claim, personal injury attorneys are trained to negotiate with insurance carriers, communicate with other third-parties on your behalf, gather the required documentation, and build a compelling case that gives you the best chances of receiving the compensation to which you are entitled.

While just five percent of personal injury cases go to trial, it is critical that your attorney have court experience. This gives them a “leg up” in the negotiations process, as insurance companies make it their business to know which lawyers they can persuade to settle quickly and which will fight aggressively on behalf of their clients.

If you have been injured in Palm Beach County, do not hesitate to contact an experienced personal injury lawyer. Doing so positions you most favorably to ensure your rights are safeguarded and get the justice – and compensation – you deserve.

Mike

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Pedestrian Accidents Continue to Be an Issue in Beaumont and Across Texas

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According to KBMT-TV, a Lumberton man was recovering in a Beaumont hospital after being struck by a Buick LeSabre while helping firefighters clean up debris from another crash that morning. The 37-year-old man told KBMT that he was grabbing breakfast at Gator’s convenience store at the corner of Fannett Road and Cardinal Drive when the first crash occurred and was then struck by the Buick after it ran a red light at about 6:15 a.m.Pedestrian Accident Attorneys Beaumont

The man suffered a serious head injury and lacerations to his hand and knee. He told KBMT that he had no recollection of the accident even occurring, stating that he remembered helping firefighters clean and then awoke in a hospital.

Pedestrian Accidents in Beaumont

The Texas Department of Transportation (TxDOT) reported that there were 604 fatal pedestrian crashes causing 614 fatalities in 2017 as well as 1,107 suspected serious injury crashes causing 1,144 suspected serious injuries, 2,198 non-incapacitating crashes casing 2,312 non-incapacitating injuries, 1,634 possible injury crashes causing 1,760 possible injuries, 221 non-injury crashes causing 255 non-injuries, and three unknown severity crashes causing 70 unknown injuries.

According to TxDOT, there were 16 fatal motor vehicle crashes in Beaumont causing 19 fatalities in 2017, 121 suspected serious injury crashes causing 136 suspected serious injuries, 401 non-incapacitating crashes casing 554 non-incapacitating injuries, 158 possible injury crashes causing 261 possible injuries, 405 non-injury crashes causing 1,356 non-injuries, and 72 unknown severity crashes causing 404 unknown injuries.

TxDOT also reported that disregarding a stop light or sign was blamed for 55 fatal crashes in 2017 as well as 164 suspected serious injury crashes, 437 non-incapacitating crashes, 499 possible injury crashes, 1,575 non-injury crashes, and 100 unknown severity crashes. Disregarding a stop and go signal was cited as the cause of 22 fatal crashes, 107 suspected serious injury crashes, 390 non-incapacitating crashes, 569 possible injury crashes, 1,310 non-injury crashes, and 11 unknown severity crashes.

After any pedestrian accident, your first step should be to contact the local law enforcement agency to report the crash, but you also need to seek medical attention.

If you wait days or weeks to have injuries that develop symptoms later examined, the insurance company will very likely use your delay in treatment against you. They may claim that you did not properly care for your injuries, or they could argue that seeking medical treatment later is proof of injury claims being exaggerated.

Another beneficial step you can take at the scene of a pedestrian accident is photographing everything that was involved, getting pictures of cars, people, and other factors from different angles and distances. When other people saw your accident, ask them for contact information such as names and phone numbers in case these individuals are needed as witnesses.

You should always avoid speaking to an insurance company after your accident. You will generally be told that a claims adjuster has been assigned to your case, and then that claims adjuster will inevitably ask you to provide a recorded statement that is presented to give your side of the story regarding the crash.

Never agree to provide any recorded statement to an insurance company without a lawyer. Insurers will use a variety of tricks to get people to unknowingly make very damaging statements that could harm their personal injury cases.

Jessica

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Tennessee Car Accident Statistics Every Driver Should Know

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The reality is that, regardless of which state you live, car accidents are bound to happen. Whether it’s out in sunny California, across the nation in the Empire State, or even as you’re traveling throughout Tennessee, there’s always the latent risk of being involved in an accident for any number of reasons.

But by being aware of the circumstances under which car accidents happen, as well as the statistics, Law Offices of Seaton & Bates, PLLC hopes to help you avoid becoming one yourself. The more you know, the better you can protect yourself as you travel across this gorgeous state of ours.

Should you, unfortunately, become involved in a serious car accident, remember that help is just a phone call away. Contact the dedicated Johnson City car accident lawyers of Law Offices of Seaton & Bates, PLLC today at 423-282-1041.

Car Accident Facts You Should Know

Our car accident lawyers of Johnson City have thoroughly investigated statistics and facts regarding car accidents in Tennessee utilizing multiple sources. In their research, our experienced and committed attorneys found that:

  • According to the Tennessee Government website:
    • In 2018, there were 5,691 fatal and serious injury crashes.
    • One of the largest demographics involved in car accidents was senior drivers between the ages of 65 to 99; accounted for 1,148 crash victims.
    • Fridays and Saturdays saw the most crashes throughout the year with 1,020 and 1,061 respectively.
    • The hours of 3:00 p.m. to 5:59 p.m. saw the most crashes.
  • According to the Tennessee Highway Safety Office 2018 Annual Report:
    • There were 1,040 traffic fatalities in 2017.
    • There were 7,126 serious traffic injuries in 2017.
    • There were 251 alcohol-impaired driving fatalities in 2017.
    • The state saw 166 speeding-related deaths.
    • There were 124 pedestrian fatalities and 8 bicycle-auto accident fatalities.
    • There were 6,679 impaired driving arrests made in 2017.
  • As per the organization, Mothers Against Drunk Driving(MADD), in the state of Tennessee:
    • There were 7,917 crashes involving alcohol-impaired drivers in 2017.
    • In 2017, there were 5,375 injuries involving alcohol-impaired drivers.

While studies are showing that the overall number of Tennessee car accidents are steadily decreasing, the reality is that traffic accidents do occur on a regular basis, and often times leave many physical and emotional wounds.

 

Common Types of Car Accident Injuries

Serious car accidents can cause truly horrifying injuries that can cause permanent damage and even result in lifetime disabilities. Regardless of the severity of your injury, it is in your best interest to visit a doctor immediately after a car accident to prevent further issues.

Some of the most common car crash injuries suffered include:

  1. Head and Neck Injuries. Among the most serious car accident injuries, head injuries can range from simple strains to severe concussions. If the victim’s head comes into contact with an object such as the steering wheel, dashboard, or window, a concussion or lacerations may occur. These types of traumatic brain injuries can lead to concussions.

In more serious cases, surgery may be required to alleviate any issues that may result in long-lasting cognitive problems. Symptoms such as disorientation, vomiting, and headaches after an accident are reasons to seek immediate medical attention as these may be related to a serious brain injury.

  1. Back Injuries.A sudden impact at high speeds can cause damage to the spinal cord. Reduced sensation and/or loss of control of the limbs are possible symptoms of nerve damage to the spinal cord.

Serious back injuries may result in partial or total paralysis. Herniated discs are also a possible injury, and though often less severe than spinal or head injuries, will still cause pain and discomfort.

  1. Chest Injuries.The most typical forms of chest injuries are contusions or bruises. However, high-impact or improper passenger or driver positioning may lead to broken ribs or internal injuries. Because of their position behind the steering wheel, drivers are more likely to suffer chest injuries. For passengers, the force of impact coupled with the seatbelt locking in place can cause some bruising in the chest area. 
  1. Broken Bones.Car accidents that occur at high-speeds, or which involve roll-overs, can lead to broken bones. Broken bone injuries include broken legs or arms, broken or fractured wrists or ankles, hip fractures, broken ribs, spinal injuries or skull fractures.
  1. Scrapes and Cuts.These types of penetrating injuries can vary in severity. Any loose object inside the car or broken glass caused by the collision has the potential to cause a scrape or cut. Airbags may cause similar injuries to passengers.

Injured in an auto accident? The Johnson City car accident lawyers of Law Offices of Seaton & Bates, PLLC are here for you. 

If you or a loved one has suffered injuries from a car accident caused by a negligent driver, we are here to help you get the justice and compensation you deserve. Contact us today at [phone-number] for legal guidance you can depend on.

Jessica

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Statistics and Statutes Relevant to South Carolina Motorcycle Accidents

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The vast majority of motorcycle owners are defensive drivers who recognize the dangers of using this type of vehicle. Unfortunately, other negligent drivers on the road can easily turn a Sunday ride into a life-changing experience.

As per the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to perish in a traffic accident than riders in a traditional passenger vehicle. Cleary, motorcycles do not offer the same level of protection as cars and because of this, motorcyclists face real dangers when out on the road.

Your Myrtle Beach motorcycle accident attorney at [firm-name] would like to remind South Carolina motorcyclists about the importance of safety as well as inform them about statutes relevant to motorcycle accidents.

Motorcycle Collisions Statistics in South Carolina & the U.S.

According to the South Carolina Department of Public Safety-Quick Facts

  • In South Carolina, there is one motorcyclist killed every 3.1 days.
  • There were 116 motorcyclist fatalities in 2017.
  • There were 2,278 motorcycle collisions statewide in 2017.
  • Of the 2,278 crashes, nearly 2,000 individuals were injured.

In terms of national motorcycle collision accident rates, the Insurance Information Institute reveals some startling facts that all motorcyclists should be aware of, including:

  • In 2016, there were 5,286 motorcyclist fatalities.
  • In 2015, there were 88,000 motorcyclist injuries.

The importance of defensive driving techniques and the use of proper safety gear cannot be overstated. The Centers for Disease Control and Prevention (CDC) note that:

  • Helmets reduce the risk of death by 37%.
  • Helmets reduce the risk of head injury by 69%.
  • Helmets saved an estimated 1,859 lives in 2016.

Safety tips that all motorcyclists should follow as they travel throughout the beautiful state of South Carolina include:

  • Riders should always wear a helmet with a face shield and protective eyewear.
  • Motorcyclists – like any other drivers – should never get behind the wheel if they have been drinking.
  • Protective gear and clothing such as boots, gloves, reflective tape, and leather apparel should be used to help protect the body in case of an accident.
  • Motorcyclists should avoid riding in bad weather including in heavy rain, snow, or sleet.
  • Always follow all traffic safety rules including following the speed limit.
  • Motorcyclists should drive defensively by following right-of-way rules, avoiding constant lane switching, signaling well in advance, and watching out for turning vehicles – especially left turning vehicles.
  • Drivers should be licensed and take safety riding courses to develop their driving skills.

If you or a loved one have suffered a motorcycle accident, seek the Myrtle Beach motorcycle accident attorney of The Law Office of William J. Luse to begin the process of securing your recovery.

South Carolina Laws Regarding the Safe Operation of Motorcycles

Keep the following laws in mind to lawfully operate your motorcycles safely on South Carolina roads. These statues can also be used for reference when determining liability in a fatal motorcycle collision.

As per South Carolina Motorcycle Statues:

  • SECTION 56-5-3610. Rights and duties of the operator of a motorcycle generally.
    • Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the drivers of motor vehicles, except as to special regulations or other provisions of law which by their nature would not apply.
  • SECTION 56-5-3630. The manner in which motorcycles must be operated.
    • Passengers are limited by the number of firmly attached seats belonging to the vehicle. If the motorcycle has two firmly-attached seats then two riders are permitted.
    • Proper sitting etiquette on a motorcycle is faced forward, legs on each side of the vehicle.
    • No individual can carry any package, object, or article that inhibits the use of two hands on the handlebars at all times.
    • No person can operate or give a ride to another if interrupting operation or control of the motorcycle or view of the operator.
    • No person can attach themselves or the motorcycle to another vehicle on the roadway.
  • SECTION 56-5-3640.Motorcycle entitled to full use of lane; riding two or more abreast; overtaking and passing; operation in other instances.
    • No motorcycle should be deprived of the use of a full lane but does not apply to motorcycles operated two abreast on a single lane.
    • If a vehicle has overtaken a lane, a motorcycle cannot overtake and pass on that same lane.
    • Motorcycles should not be operated between or adjacent to traffic in lanes.
    • No more than two motorcycles may ride abreast per lane.

South Carolina Personal Injury Laws and Statutory Rules

In the state of South Carolina, the statute of limitations for filing a personal injury claim is three years from the date of the accident at hand. Personal injuries include motorcycle accident-related damages.

Under the Modified Comparative Negligence Rule, you are entitled to damages after they have been reduced according to the percentage of liability you held, except for when you are more than 50 percent at fault.

Trust in the Myrtle Beach motorcycle accident attorney of  The Law Office of William J. Luse to help you secure the compensation you need to begin healing.

Jessica

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Kentucky Personal Injury Laws and the Significance of Evidence When Making a Claim

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A personal injury claim is a dispute that arises when an individual suffers an injury as the result of another party’s negligence.

If you have sustained an injury as the result of a traffic accident, workplace accident, amusement park accident, sexual assault, or any other type of traumatic accident, contact the Lexington personal injury lawyer at [law-firm] today for the personalized attention your case deserves.

In the state of Kentucky, you may pursue damages against a liable party.

Kentucky Statute of Limitations for Filing a Personal Injury Claim

As stated in Ky. Rev. Stat. Ann. § 413.140, individuals have one year from the date of the accident to pursue legal action under Kentucky’s Statute of Limitations.

Any claim made after the one-year time limit will likely be dismissed by a civil court. Personal injury claims are extremely time sensitive in the state of Kentucky, therefore, if you or a loved one have suffered a serious personal injury, it is imperative that you act fast.

What You Should Know About Comparative Negligence Law

If the defendant claims – and is able to prove – that a plaintiff holds partial liability in the accident which caused the personal injury, then the plaintiff may have a portion of their compensation reduced by the percentage for which they are at fault.

For example, if the plaintiff suffered $100,000 in damages but were deemed 20 percent at fault, they could only recover $80,000 of those damages.

The Importance of Evidence in Personal Injury

The trustworthy and committed Lexington personal injury lawyers at [law-firm] understand how to help you recover fair compensation for your personal injury claim. One of the most important steps to developing a strong claim is securing evidence.

The more (official) evidence you are able to obtain, the higher the likelihood of procuring the recovery you need to begin the process of healing. Key pieces of evidence you will want to collect include:

  • Physical Evidence– Depending on your specific case, you may be able to obtain a number of tangible objects such as clothing, tools, vehicles, equipment, and the likes, which can prove to be vital pieces physical evidence.

 

  • Evidence from the Scene of the Accident– Whether you have suffered a slip-and-fall at work or a car accident, there is likely to be evidence that an incident took place. You may be able to photograph or record video of this type of evidence to help build your case.

 

  • Documentation – Documentation is just as important as physical evidence and can include a number of forms and reports such as but not limited to:
    • Your personal written recollection of the events that led to the accident.
    • Police report (in car accidents).
    • Medical paperwork and reports.
    • Medical bills and treatment expenses.
    • Insurance forms.
    • Eye-witness statements.
  • Expert Witness– Expert witnesses are individuals who may not have been at the scene of the accident but who have special knowledge in a particular field relevant to your case. Expert witnesses can provide important pieces of evidence through facts and experience, providing testimony on your behalf.

 

  • Submit a Letter of Spoliation – In certain scenarios, such as a truck accident or workplace injury, the party responsible for your injury may have access to evidence. In an effort to keep the truth from coming out, they may attempt to get rid (i.e. destroy) the evidence to hurt your claim. Your lawyer can help you to put together a letter of spoliation which requires them to preserve certain evidence pending litigation.

Not only will collecting these forms of evidence help to strengthen your claim, but they can also be used as a defense against the negligent party and any insurance company that attempts to place blame on you.

It’s important to remember, however, that if you are partially responsible for the personal injury, your compensation will be reduced by the percentage of liability you hold. Quality evidence should be able to successfully limit your liability, however.

Consult the personal injury lawyers in Lexington at [law-firm] to secure your claim. Our law firm has been providing meaningful legal care for over a century and we have developed the most effective strategies to successfully obtain compensation for those who need it most.  

Kentucky has many complex laws and sets of rules pertaining to different types of personal injuries, so it is pertinent you work with a legal team who has the experience necessary to handle your unique case.

Jessica

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Auto Accidents: Steps You Should Take After a Collision

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As of 2010, there were 1.015 billion motor vehicles on the road, making it 10 times likelier for someone to end up in a car crash than in previous years. In fact, the National Highway Traffic Safety Administration found that in 2016 alone, there was an average of 102 auto accident related deaths per day. That’s about 37,461 deaths for the entire year.

To make matters worse, the number of car crash fatalities was higher than the total amount of motor vehicle crashes in 2016. Not only are you at more risk of an auto accident in the year 2019, but your fellow passengers are as well.

Auto accidents can be traumatic, especially because they can happen at any time, without warning. People can be seriously injured and find themselves saddled with extensive medical bills, vehicle repair o replacement costs, and other expenses. That’s why it’s important to learn the precautions you can take before an auto accident and know what steps you should take if you’re hurt in a crash.

What Should I Do After a Car Accident?

There are multiple, necessary steps to take after a car accident:

Check for Injuries and Get Medical Help if Necessary – Though this step is obviously a given, it’s still worth mentioning. After a collision, pull over immediately and render assistance to anyone who may be hurt. Be cautious, and don’t hesitate to contact emergency assistance before trying to move someone who seems badly hurt. If you need to head to the emergency room, do not worry about skipping the following steps; your health is most important.

Exchange Contact Information – If you’re involved in a car crash, it’s in your best interest to stay level-headed and simply exchange the necessary information, without becoming apologetic or argumentative. Drivers should ask each other for their full name and contact information, driver’s license and phone number, insurance company and policy number, and any other information you think your insurance might want. You might also want to record the exact location of the accident and the make, model, and color of the other driver’s vehicle. The more information you can collect about the accident (eye-witness accounts, police statements, pictures) the better off you will be. Be careful during this process that you do not apologize for the accident or make any kind of statement about your injuries, including saying you are “fine.”

Document the Accident – Acquiring the above information is only the first step in documenting the accident. Once the police arrive at the scene of the crash, you will want to write down their name and badge numbers so that you can identify them later if necessary. Afterward, you will also want to ask for a copy of the accident report for insurance purposes. Then, take pictures of anything and everything at the accident scene, including any injuries, vehicle damage, skid marks, road conditions, weather, and more. This step is essential, especially if you decide to pursue a lawsuit or file a claim later on.

Notify Your Insurance Provider – You may call your insurance agent while you are at the accident, or you may wait until you have received medical attention and contacted a lawyer. Most insurance policies require that you report an accident within a certain timeframe, so be sure not to skip this step.

If you were so badly hurt in your accident that you were immediately transported to the emergency room, don’t panic. If possible, ask a friend or family member to travel to the accident site to take these measures for you. You can also contact a lawyer and have them take these steps on your behalf.

How Do I File a Personal Injury Auto Accident Claim?

There is no reason that you should have to pay for all your medical expenses or vehicle damage if you are not responsible for the crash. Plenty of people pursue personal injury claims so that they do not end up in unnecessary debt and so that they can recover any damages they incurred because of another driver’s carelessness.

The first step for filing a personal injury claim is to prove the negligence of another driver. There are four components of negligence. You must first demonstrate that the driver had a duty to care for your safety on the road. This step is easy, as all drivers have an inherent responsibility to keep all other drivers safe on the road. Then, you must provide sufficient evidence that the driver failed to uphold this duty. Careless or reckless behaviors such as texting while driving, drinking, and disobeying traffic laws can all demonstrate a violation of the duty of care. Next, you must prove that the driver’s violation directly caused your injuries. You can usually prove this step with medical records and evidence from the accident scene. Finally, you must show that your injuries resulted in significant damages. Your bills from the hospital, vehicle repair, and more can demonstrate this aspect.

A lawyer will be able to help you gather all the necessary evidence to prove all four components of negligence. From there, they can help you file a successful claim with the other driver’s insurance.

What Damages Might I Receive?

You can receive compensation, or damages, for any losses you incurred as a result of your accident. These may include:

  • Medical expenses, past and future
  • Lost wages from missing work
  • Property damage to your vehicle and other belongings
  • Rehabilitative costs
  • Disfigurement and disability
  • Pain and suffering
  • In cases of wrongful death, funeral expenses and loss of consortium

An experienced attorney can help guide you through the appropriate steps to make sure that you are not stuck paying out of pocket for anything after an auto accident caused by someone else’s negligence.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.