Is it worth hiring a lawyer for a car accident in West Palm Beach?

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When you’re in a car accident, the last thing that you want to worry about is how it will impact your finances. Unfortunately, in some cases, this can’t be avoided. When the accident was caused by someone else’s carelessness, you may need to hire a personal injury lawyer for help with going after them for compensation for medical expenses and lost wages.

In certain cases – such as when an injury from a car crash becomes progressively worse – hiring West Palm Beach Car Accident Lawyer might be worthwhile. But there’s no one-size-fits-all answer to this question. Talking over your situation with an experienced attorney will help determine whether or not hiring a personal injury lawyer is necessary or worth it for your situation.

In some cases, it may be determined that you don’t need a personal injury lawyer. This is especially true if your injuries are well documented or your medical expenses have been handled by your health insurance company.

Sometimes, though, hiring a personal injury lawyer might be the best option for you. In these cases, the money spent on an attorney could save you thousands in the long run – and allow you to get back on your feet after the accident quickly.

Hiring the Right Car Accident Lawyer

When you’re in a car accident, it’s important to have representation that understands your situation and will fight for you. You don’t just choose a personal injury lawyer based on price. They must be one that is experienced in dealing with the specific injury you’ve sustained.

Does your attorney understand when the accident occurred? Are they experienced handling cases involving car accidents, or are they new to representing clients? Do they remember details of past cases that are similar to yours? These are just a few questions to ask, but it helps ensure that you’re getting someone who will fight hard for your case.

How to Hire the Right Car Accident Lawyer?

You should talk to your family, friends, and your neighbors who have been in accidents before. They might have some good recommendations for you. You could also speak to other attorneys who are familiar with cases like this one.

An experienced lawyer will be able to thoroughly explain how the accident occurred. If it happened because of the negligence of someone else, they’ll help you to understand how they can put together a case that proves that it was not your fault.

They’ll also be able to give you a general idea of what kind of compensation you might expect from the person or company responsible for the accident. Here are 7 tips to consider while hiring the right car accident lawyer for your claim:

1- The lawyer you hire will be working under your direction. They’ll discuss all aspects of your case with you.

2- The personal injury lawyer you choose should not only be able to give legal advice and understanding of the law, but they’ll provide you with emotional support through the process as well.

3- You should ask if the attorney has experience working on cases similar to yours. Ask how many years they’ve practiced, and how many cases like yours have they already handled that were successful.

4- Do your research to find a qualified attorney who understands insurance companies and understands how long it takes to resolve a claim.

5- If you have a case with a high potential for success, it might be worth hiring a firm that specializes in car accident cases as well.

6- The lawyer you hire should provide positive and realistic expectations of what you can expect to receive from compensation.

7- Your attorney will work on your case until they get all the money they can for you. Car accident cases are difficult to win – so if the price tag was a factor in hiring your attorney, it may be worth waiting until there’s a better chance of getting money when you come back to court.

How Car Accident Lawyers can help you?

Hiring a car accident lawyer is something many of us are worried about, just because it can be very difficult to find the best personal injury attorney in the area without a lot of research. Here you will find some advice on how to choose the right one for you.

Don’t Hire the First Attorney Who Offers Their Services

Many people make this mistake, but don’t rely on what they say. Be sure that you know what they are offering before you agree to hire them. Ask as many questions as necessary and make sure that you understand what they have told you so that there is no misunderstanding later on.

Know the Basic Legal Terms with a Lawyer

When your lawyer explains how the case will proceed, be sure to know what they are saying. This is also important because you will be explaining all of your medical histories to them. Make sure you understand every single word that they have said so that there are no errors in their paperwork.

Don’t Be Restrained or Burdened by Insurance Companies

Although it may seem tempting, do not allow insurance companies to pressure you into paying for medical expenses out of pocket until after you have settled with the other party involved in the accident for compensation for your injuries and lost wages.

Don’t Be Afraid to Ask the Right Questions

Once you have found your car accident attorney, make sure that you have the answers to all of your questions. If there are things that you do not understand, don’t be afraid to ask them. If they cannot explain it in a way that makes sense to you, then you should consider hiring someone else who can.

Check for Past Successes

In order for an attorney to be successful in these types of cases, he/she must know how the insurance companies operate and all of the legal forms needed in presenting a case. Some attorneys will work on a contingency basis and work for only a portion of what is won if there is a settlement.

Mike

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How Long Does A Car Accident Settlement Take?

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A car accident is a very traumatic experience for anyone. Not only does it cause physical injury, but can also lead to a lot of financial troubles. The mental and emotional problems that follow as a result of the accident don’t help either. Not only are you affected by the accident but your family members and close friends as well. And if another person caused the accident, then the pain and trauma are that much higher.

Car accident cases are generally straightforward, and the settlement happens quickly. However, in some situations, the settlement may take longer than expected. Fighting for a settlement can be very stressful for an accident victim and his/her family.

But even before we go into why a settlement could get delayed, it is necessary to know all the steps involved in litigation for a car accident.

  • The plaintiff files a complaint against the opposite party.
  • The defendant gets served a copy of the complaint by the plaintiff. This will generally take a few weeks, but this step can drag on for months in some situations.
  • The defendant will then have to respond to the complaint. Generally, he/she gets about a month to file the response.
  • The collection of information begins at this stage. Each party will have to give all the information they have about the accident. This step generally takes a few months as there could be a lot of information to collate.
  • The trial begins once the information is in. In most cases, the trial will take one or two days.
  • Any party who is not happy with the result of the trial can appeal to the court. Appeals could be filed at many levels.

Why Would A Car Accident Settlement Take Long?

While most people expect car accident settlements to not take too long, in some situations, these cases may go on for a long period of time. There could be several factors that may affect a car accident settlement.

The Severity Of Damages

How severe and what type of damage the accident has caused can influence the time taken for the settlement. Damages can be of two types – damage to your vehicle as well as your physical injuries and mental trauma. Let us look at an example:

You own a regular car and it gets totaled in an accident. You also fracture an arm in the same accident. In a situation like this, where the damage and injury are straightforward, the settlement may not take too long. However, if the car involved in the accident was a brand new, high-end vehicle, and you suffer injuries that require multiple surgeries and months of recuperation, then the settlement may get complicated and take a longer time.

Also, if you suffer serious life-threatening injuries like brain damage, paralysis, loss of limb, or something similar, then the car accident settlement amounts could be massive, and this can cause further delays.

Cooperation From The Opposite Party

This has a significant influence on the amount of time an accident settlement could take. If you have severe injuries with high medical bills, then the opposite party’s insurance company will try to minimize the settlement amount and may not be very cooperative. In addition, if the opposite driver refuses to accept his mistake, then the insurance company will also make it tough for you to get a settlement. It is important that both parties cooperate with each other for an accident settlement to be concluded quickly.

Time Taken In Legal Proceedings

Legal proceedings can take a long time, especially if the initial settlement talks don’t go very well. Your lawyer will have to file a legal complaint if the responsible driver doesn’t accept fault and if his/her insurance company doesn’t cooperate. While, in principle, the litigation is supposed to speed up the process, it can do just the opposite, especially if the opposite driver’s insurance company decides to fight the claim, dragging the proceedings further.

Lack Of Clarity For Fault

If it is not clear who was really at fault at the time of the accident, the opposite driver or his/her insurance company may not agree to settle. Or even if there is a slight chance that you were also responsible for the accident, then again, the opposite drive may decide to fight the case. This can further delay the settlement.

Car accidents are by themselves very traumatic, and you will take a long time to heal from them, not just physically but mentally as well. Every car accident is different from the other. Some may get settled quickly while some may go on for months or years. There could be several factors that affect the time taken to solve the case and come to a settlement. In some situations, the cases could drag on for years. At such times, not having good counsel can cost you greatly. A good attorney will not only gather all the information on your behalf and represent you in a court of law but will also fight to handle the insurance company and ensure you get the compensation amount you deserve.

If you or a family member has been involved in a car accident, then leave the worrying about the settlement to Rector Stuzynski LLC. We have been dealing with car accidents for decades and know what it takes to get a fair settlement for our clients. We will ensure we collect all the information about the accident from you and will look at each and every detail thoroughly. Not only will we guide you every step of the way, but will also represent you in the court of law. We will fight till the end for your settlement and ensure you get justice. Our team will not rest till you get a fair settlement that you are satisfied with. Contact Rector Stuzynski LLC for a free case evaluation today. You can either opt for a virtual consultation or give us a call to book an appointment.

Mike

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What to do After a Hit and Run Car Accident in New Hampshire?

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WHAT IS AN ACCIDENT HIT AND RUN?

A hit and run accident are one in which the driver (usually the one at fault) deliberately leaves the scene of the accident without providing contact information. Such examples of hit-and-run collisions are as follows:

1.A vehicle strikes you and drives off without stopping.

2.A driver strikes your parked car unattended, leaving no contact information for damage recovery.

Our New Hampshire Personal injury lawyers are very effective in helping people get compensation let understand with this article article.

TAKE IMMEDIATE ACTION

The other driver has walked away, leaving you in a state of shock and panic. In the immediate moments after your accident, it’s extremely important to keep your mind on you and follow the same steps you would have taken in a normal accident:

  1. Pull over if You Can: You can never leave the scene of an accident because it’s a hit and a run that may trigger a criminal charge if someone was injured or killed. However, as a courtesy to other motorists, you will step out of the street and, if possible, to the side of the road. If your car is inoperative, at least put your hazard lights on to alert others. If you’ve pulled over, don’t leave your car until it’s safe to do so.
  1. Find out if there were any witnesses near: Ask around to see if anyone was observing the incident in the area. When you encounter any witnesses, be sure to provide them with contact details if the police or the insurance firm wants to locate them.
  1. Check for Damages: Incidents sometimes lead to injuries, so check to see whether you or your passengers have been injured. If so, please call 911. You should consult with the other parties involved in the incident, even though they are at fault. Being sure others are Safe would in no way impact your responsibility.
  1. Share Information: As a next move, you may want to exchange information with the other parties involved. Make sure you have their addresses, insurance numbers, driver’s license details, and license plate number. When you make a claim, you’ll need this detail for your insurance policy.
  1. Record the hit and go to the police within 24 hours: Even though no injuries have happened, a police report will provide reliable documentation to the insurance provider. The police officer will log the scene and assess responsibility. When the police are unable to come to the scene of the incident, go to the police station. Without a study, it’s your word against someone else’s, and it can trigger people to be dishonest.
  1. Report of the Accident and Snap some Photo: Take notes about the location of the person who was there and lists any witnesses and contact details. Write down the name of any police officers at the scene and get a copy of the police report. Take images of the damage to the car, your injury, and the general location of the crash.
  1. Contact the Car Insurance Company: contact the agent to let him know that you were in an accident. You’re going to get help with the next steps.

What you not supposed to do After A Hit and Run Accident?

In the event that you are involved in a hit and run accident, there are some things you can avoid doing:

  1. Don’t leave the accident scene to approach the incompetent driver.
  2. Don’t wait in your vehicle’s travel lane; consider pushing the car to a safe location, if possible.
  3. Do not leave the scene of the accident without collecting sufficient details.

Don’t block the traffic while waiting for the officers.

Auto accidents can be difficult, as there are always several factors involved. You may be concerned with car damage and serious injury, all of which can be expensive.

Paul M. Monzione P.C.

Get the legal by calling Nashua’s Personal Injury Lawyer at NEW HAMPSHIRE LAW FIRM. We’re going to review your situation and help you get the money you need. Schedule a free consultation today with Auto Accident Lawyer Manchester.

Car Accidents Caused by Rain

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Common Causes of Car Accidents in the Rain Fall

   “Accident never arrives with a sign, it just happens with the unconscious mind.”

Bad weather is a common cause of automobile accidents, with rain being a leading cause of many such incidents. There are many reasons why rain ranks as a top contributor to road and highway accidents every year and some of them might be surprising. Los Angeles auto-accident lawyers noted that drivers must first recognize that rain can cause unsafe driving conditions and be prepared to tackle any potentially hazardous driving conditions to prevent an accident involving a motor vehicle.

  • Ratio of weather-related crashes.

Every year there are on average over 5,891,000 vehicle crashes. … The vast majority of most weather-related crashes occur on wet pavement and in rainfall: 70% on wet pavement and 46% in rainfall.

Common Causes of Car Accidents in the Rain Fall

  1. Drive slowly:

It is an obvious but important tip as it allows faster reaction times. Rainwater allows the build-up of grease and oil on the asphalt to surface, resulting in tire friction suffering. When you drive slower, the strength of your tire will increase and you’ll also have more time to brake.

  1. Wet roads and less traction:

Wet roads are quite often slippery. For a variety of reasons, even roads in the best condition may become slippery during a rainstorm. A water layer on the roadway reduces tire traction which causes cars to slide.

On the ground, oil from the vehicles on the road can develop some surface oily that will be loosened during the first part of a rain shower and produce a greasy driving surface that can be surprising for many drivers. In colder weather, rainfall can fall as rain but turn to ice creating dangerous driving conditions.

In order to avoid rain-related accidents, lawyers treating auto accident injuries warn that all drivers should be aware of the specific details about wet roads and be sure to know the correct driving skills for such conditions.

  1. Wet lane, visibility reduced and windshield wipers decent:

Rain increases poor visibility, a common cause of road accidents. Water splashing up outside the vehicle may prevent drivers from clearly seeing the cars in front of them or even the lane. Heavy rainfall limits visibility still further. Rain inside a car can cause foggy windows, which also diminishes visibility. A car must have good windshield wipers and a working defogger to help maintain visibility, as this is the cause of many incidents that require drivers to seek auto accident lawyers ‘ assistance.

  1. Wet highways and driving competencies:

Aside from the way rain affects a road and driving visibility, many car operators simply lack good driving skills when it comes to traveling on wet roads, particularly in drier climates. Auto accident lawyers agree that accidents rise when it rains in drier areas because people are not used to driving conditions of that kind.

Even in places where rain is normal, seasoned automobile accident lawyers point out that both timid and reckless drivers are more likely to be involved in an accident because they do not understand how to navigate wet, rainy roads. Too slow driving creates risk to other vehicles and increases the chance of an accident. On the other hand, drivers who do not slow down or fail to exercise due caution increase the probability of an accident. Safe driving in wet weather requires smooth braking and steering and a slower speed than other traffic.

  1. Rain Makes the Road Slippery:

Rain can make remaining on a roadway, stopping or preventing collisions with other vehicles more difficult. It is particularly true when it begins to rain because, at the beginning of a rainstorm, roads are their slipperiest. If the ground gets soaked first, the oil comes up to the surface and produces a greasy surface.

Bio:

Safe driving is an important skill for every driver on all types of roads. Being more aware of how rain impacts both roads and vehicles will help avoid accident situations. If you’ve been involved in an accident related to rain, be sure to seek the assistance of an experienced person. Our Los Angeles personal injury attorney has almost two decades of experience and we look forward to providing good advice so that you can make smart decisions on your case.

Mike

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What Should I Do After I’ve Been in a Car Accident?

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In my personal injury practice, I’ve handled countless car accident cases. While an injury claim hinges on factors such as determining which driver was at fault, the insurance laws of the state in which the accident occurred, and the extent of your injuries, the steps you take after an accident can weigh heavily on an injury claim. This article is a brief discussion of what you should do after a car accident.

What To Do After A Car Accident

Although being involved in a car crash is a frightening experience, it is important to remain calm. As difficult as maintaining your composure may be, especially if you or another passenger are injured, the actions you take in the wake of the accident can have lasting repercussions.

Therefore, it is critically important to avoid these mistakes after a car accident:

  • Remain at the Scene — After a car accident, the law requires you to stop and remain at the scene. You must also check on the other driver and exchange information. If anyone has been injured, you are also required to seek medical assistance. Depending on the circumstances, fleeing the scene of a car accident can lead to misdemeanor or felony charges.
  • Call the Police — It is also crucial to call the police and file a report. The police report will serve as evidence if you decide to pursue a personal injury claim. Failing to contact law enforcement after a car accident opens the door to disputes that could jeopardize your claim.
  • Seek Medical Attention — Even though you may feel fine, adrenaline may mask your injuries, which may not surface until days or weeks after the accident. Failing to seek medical attention immediately after a car accident may cause your injuries to worsen and also prevent you from recovering damages. The at-fault driver’s insurer or attorney may claim that your injuries are unrelated to the accident.
  • Collect Documentation — After a car accident, take photos of the accident scene, damage to the vehicles, and your injuries, if you are able to do so. It is also important to get the other driver’s contact and insurance information, as well as the names and contact information of any witnesses. Your personal injury attorney will be able to use this documentation to support your claim.
  • Do Not Admit Fault — Under no circumstances should you apologize to the other driver, admit fault to the police or make a statement to the other driver’s insurance company. Simply saying “I’m sorry” at a car accident scene can impact the value of your claim. Determining fault is best left to law enforcement and the attorney handling your personal injury case.
  • Do not speak to an Insurance Adjuster — Shortly after the accident, you will likely be contacted by a claims adjuster from yours or the other driver’s insurance company. Claims adjusters represent the insurer’s interests, not yours, and they will attempt to pay as little as possible or deny your claim. You should not speak to anyone from an insurance company or sign any papers, such as a release, before you have contacted a lawyer.
  • Immediately Contact an Experienced Personal Injury Lawyer — The best way to protect your rights after a car accident is to contact a car accident lawyer as soon as possible. Personal injury attorneys generally offer free consultations during which you can receive an assessment of your case and explore all your options for compensation. If you have a valid claim, your attorney can help to collect evidence, examine the accident scene, interview witnesses while their memories are still fresh, and handle all the details of your claim, including filing a civil lawsuit. Ultimately, failing to contact a lawyer will make it more difficult to obtain the full value of your claim.

Why This Matters

After a car accident, it is important to avoid the foregoing mistakes so that your interests will be protected. The wise thing to do is stay calm, contact the police, collect evidence if possible, and then call a personal injury attorney. Some car accident victims believe they do not need an attorney because they have automobile insurance which will cover their injuries and property damage.  As mentioned above, insurers often put profits ahead of injury victims and seek to pay injury claims for as little money as possible. By working with the right lawyer, you can obtain compensation that considers all of your medical and financial needs.

Robert W. Levin’s

Robert W. Levin’s primary area of legal expertise is concentrated in the field of personal injury law, with a strong emphasis on civil litigation. He has earned a distinguished reputation in the legal community representing clients who have received millions of dollars in compensation for injuries caused by accidents. He is respected by the large insurance companies for his negotiation skills and for achieving major financial settlements for the injury clients whose cases he accepts.

What compensation should I get after a car accident in Los Angeles?

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Any new or experienced driver will tell you their biggest fear is getting into a car wreck. From fender-benders to full-on collisions, the types of accidents you have and the injuries you sustained dictate how much compensation you are paid.

Depending upon injury and loss or damage to vehicles compensation could be the state minimum or it could be more. Again, it comes down to the injuries sustained and the damage to your vehicle. But, with the help of a Los Angeles car accident lawyer, you can rest easy knowing someone is fighting to make sure you get the max amount owed to you, and maybe enough money for a brand new Lexus.

When you are injured in a car wreck

the process of getting paid is as lengthy as it is arduous. So, while it is tempting to go it alone and deal with the insurance company alone; it is an unwise choice. You may ask why? Because chances are, you’re not a lawyer, and you don’t know what you deserve under the law. Insurance companies love to not payout, so if you find yourself in a wreck in the LA area, then please consult a Los Angeles car accident lawyer for a consultation and case review.

Compensation you should get after a car wreck

In terms of what compensation you should get after a car wreck, you should be compensated for the loss of your vehicle or repairs to the vehicle. Moreover, you should be compensated for any medical bills associated with your injuries and the cost of a rental vehicle or other expenses incurred by the loss of your vehicle and the injuries sustained such as lost wages.

When looking at monetary amounts, the state minimum insurance is required for all vehicles and breaks down to the following figures:

  • Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum
  • Property damage liability coverage: $5,000 minimum
  • Uninsured motorist bodily injury coverage*: $15,000 per person / $30,000 per accident minimum
  • Uninsured motorist property damage coverage*: $3,500 minimum

While it might sound like a lot of money, the minimum insurance payout would not be enough to pay your medical bills. An average trip to an emergency room is around $14,000. Also, your main medical insurance would be unlikely to cover any of the bills because they fall under your car insurance coverage. But, with the help of a Los Angeles car accident attorney, you can get the max amount of money you deserve! There is no way we can put a price on how much you should get. Every case is different and as such the compensation varies. Only an expert lawyer can tell you what you deserve so using a Los Angeles personal injury lawyer is a great idea for anyone who plans to fight an insurance company for what is rightful theirs. Don’t go it alone, call a lawyer now!

Mike

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Fort Lauderdale Car Accident Statistics

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There are shocking statistics in regard to car accidents in the city of Fort Lauderdale. Believe it or not, this is a city where lots of accidents happen every single day. The best thing to do is to consult a Fort Lauderdale car accident lawyer if you have been in an accident. They can work to get your case taken care of as fast and efficiently as possible. They have many firms throughout the city that you can reach out to for more information.

With Fort Lauderdale being one of the most populated cities in Florida, many accidents tend to happen. This also makes for a huge crowd and mix of tourists as well as everyday commuters around the city. The city welcomes roughly 12 million tourists each year. Fort Lauderdale has some of the most dangerous roads in the state with numbers to back it up.

There were more than 41,300 car accidents in Broward County alone reported by The Florida Department of Highway Safety & Motor Vehicles in 2017. Fort Lauderdale alone had about 5,400 crashes in 2017. Out of that 5,400, 2,100 resulted in injuries and 26 of those were deaths. Fort Lauderdale crashes happen to be very fatal very often even though these numbers don’t seem that high. Of course, this has all resulted in families and loved ones reaching out to a Fort Lauderdale car accident attorney.

There are many intersections in Fort Lauderdale that should be avoided if at all possible, by both pedestrians and drivers. This is due to a high tendency of car accidents happening there. There have been more than 1,000 injury-related accidents at the intersection of A1A and Las Olas Blvd in 2015. There have also been more than 6,000 accidents between Atlantic Blvd and U.S. 1 in 2015. These intersections are not far from the beach. Road congestion is at its heaviest within these intersections because of that. A Fort Lauderdale car accident lawyer can assist with anything injury related.

Local officials are well aware of the accident’s issues in Fort Lauderdale. They do plan on improving a lot but as you know it will take some time. They just want everyone to be aware and cautious. The plan on improving a lot for biking, driving and even walking. They have already launched Vision Zero Fort Lauderdale which is aimed at making streets safe again. There is one ultimate goal in mind and that is to have zero fatalities in one single year.

Statistics are pretty much accurate when it comes to accidents in this city. Again, if any issue shall arise, a Fort Lauderdale car accident attorney should be contacted to help out with any and all issues.

Mike

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Ways to Reduce the Risk of Becoming a Car Accident Victim in Illinois

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There is no real way to fully eliminate the risk of getting into an auto accident, but plenty can be done to reduce your chances. Some people depend mainly on public transportation, others opt for bikes, and there are even people who walk almost everywhere they need to go. The reality is that you are going to need to travel in a car at some time for one reason or another. So, what can be done to reduce your risk of being injured while traveling in a car? Pay attention to find out more about how you can make traveling by car safer for drivers and passengers alike.

Only Get in Vehicles with Drivers You Trust

Being driven around in someone else’s car is enjoyable because you just get to enjoy the ride. The driver is the party who is responsible for having a valid license as well as insurance. They are the party that needs to make split-second decisions – decisions that could potentially leave both of your lives hanging in the balance. This is the primary reason that you should only ride shotgun when you explicitly trust the motorist. If you have ever observed a driver operating a car erratically, driving aggressively, or even using their cell phone, you should exit the vehicle as soon as possible.

Avoid Driving During Bad Weather or Busy Times of Year

Although accidents can happen in broad daylight during the middle of the workweek, the risk of injury increases during peak periods. On the weekends, you will find more people on the road in general. The same can be said about traveling at night or operating a vehicle during rush hour. During the summer, there is going to be more traffic and thus, more opportunities to get into a wreck. Car accident attorneys and other experts in the industry recommend avoiding car travel during the winter holiday season, particularly Christmas Eve and New Year’s Eve. These are believed to be the two deadliest days of the year when it comes to auto collisions.

Take Defensive Driving Seriously

When you sign up to take a defensive driving course through the local DMV you also get the benefit of saving a bit of money on your car insurance rates. Realize that defensive driving isn’t just a means of getting a discount. Driving defensively is one of the top ways to avoid getting into an auto accident, especially if you do so as a regular occurrence. Let aggressive drivers pass, look around all sides of your vehicle cautiously, and always brake well in advance of stopping your vehicle. Driving defensively will keep you and your passengers safer, and even if you do get into an accident there is a lesser chance of serious injury. You can also help your lawyer to prove your case in case you are accused of being at fault in an auto accident when you have taken a defensive driving course. Things That Could Ruin Your Personal Injury Case

Not all accidents are avoidable; however, the circumstances leading up to most auto accidents are certainly something you can control. If the weather is messy, avoid driving until visibility and road conditions improve. Never agree to ride with someone you know is a reckless driver. Last of all, learn how to operate your car in a defensive manner.

Mike

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Cell Phones and Distracted Driving

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Distracted driving causes thousands of car crashes each year. While in-vehicle phone-sync systems assist with hands-free use, many people think these technological advancements are indicative of safety improvements as well. Unfortunately, hands-free technology is more about convenience than safety. Studies examining the distracted brain call into question how effectively drivers can actually multitask. Ultimately, when it comes to safe driving, avoiding all distractions and focusing on the road is the best way to ensure the safety of all people.

Pledge Programs

Since smartphones have become such an integral part in managing daily lives, drivers have been using them behind the wheel. Telecommunications companies and non-profits have invested in programs to raise awareness about the devastating consequences that texting while driving can have. In addition to providing practical information and victims’ accounts of the dangers, these programs often invite participants to pledge to abstain from texting while behind the wheel. Despite the popularity and engagement of these awareness campaigns, the problem persists.

Hands-Free Regulations

In attempts to curb texting while driving, many legislators have begun to implement hands-free laws. These laws, as the name suggests, requires drivers to use headphones, Bluetooth, or the audio system built into their car, to use phones while driving. Unfortunately, this solution is limited and misses the point of promoting truly focused driving.

According to a report by the National Safety Council, multitasking is more of a myth when it comes to the human brain. The study suggests that the brain really can’t perform two tasks at once. Though it can quickly switch from one task to another, it can’t process multiple activities concurrently. While hands-free cell phone use may be an improvement from dialing and texting, drivers who use their phones are still splitting mental energy between safe driving and communicating on their phone.

Solutions

Reaction time, focus, and general awareness suffer when drivers use their phones. While hands-free laws can be a deterrent, they are not the ultimate solution in safety. For many drivers the impulse to respond to text messages while driving is powerful. Despite knowing the dangers, many drivers can’t help it. An effective way to eliminate this impulse is to prevent drivers from seeing incoming texts and calls while behind the wheel.

Cell blocking technology prevents incoming calls and texts from pinging drivers while they are behind the wheel. Large telecommunications companies like Sprint, Verizon, and AT&T all have developed apps for this purpose. When downloaded, the applications detect when the car is in motion, and intercept incoming texts and calls. Through the app, users can customize automatic responses to incoming calls and texts that they receive while driving. While cell blocking apps have proven to be a useful way to prevent accidents, drivers still must make a concerted effort to dedicate themselves to focused driving.

Jessica

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Liability in Car Accidents Involving Rental or Moving Trucks

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One of the questions that often arise when it comes to car accidents involving moving vans and rental trucks is “who’s actually liable?”

When you think of truck accidents, your mind likely goes to collisions involving big rigs. While 18-wheeler accidents are unfortunately common in the US (with over 418,000 in 2016 alone), other types of commercial trucks can cause substantial amounts of damages as well.

In general, if a moving truck is being driven by the person who rented it, accident victims can only hold that person responsible for their injuries. However, there are circumstances where an injured person may have a claim against the auto manufacturer or rental company (e.g., U-Haul, Penske, Budget, Enterprise, Ryder) for their negligence.

If the driver of a moving truck causes an accident while they were on the job at the time (acting within the course and scope of their employment), the matter can be much more complicated than simply filing a claim with his or her insurance company.

Liability When it Comes to Rental Truck Accidents

If the driver of a commercial truck caused an accident that left you injured, the first step in determining liability is figuring out who the driver is. If the driver happens to be an employee of the company that owns the vehicle, then the employer may very well be vicariously liable for your injuries under the doctrine of respondeat superior.

However, in many cases involving rental trucks, the driver would not be employed by the rental company. Instead, the driver would be someone with no experience driving a large truck at all. Generally, companies like U-Haul are not responsible for accidents caused by drivers who rent their vehicles. In most cases, you will probably only be able to bring a claim against the at-fault driver’s auto insurance policy — but there are exceptions to this.

If the rental company was clearly negligent in vetting potential drivers, you could potentially hold the company liable for their portion of negligence. For example, if U-Haul rented a truck to a driver who had a history of DUIs or who did not have a valid driver’s license, you may absolutely have a valid negligence claim against U-Haul. The same goes for accidents caused by trucks that were not properly maintained.

Alternatively, if the truck or van itself had a defect that led to an accident or resulted in more serious injuries, then you could seek compensation directly from the manufacturer through a product liability claim. Consider a situation where the driver was acting responsibly — but the truck’s brakes hadn’t been replaced in years despite heavy use. If the accident was a result of the brakes failing rather than driver negligence, then your only option to recover compensation may be with the rental company. Each case is unique, which is why we recommend speaking to a car accident attorney before you make any decisions regarding your claim.

Which Insurance Company Should I Go Through?

If you’re in an accident involving any kind of large truck, your damages should likely be covered by one of three insurance policies:

  • Supplemental Liability Insurance (SLI) — First, you or your attorney will need to investigate to determine whether or not the driver purchased supplemental liability coverage from the rental company. This type of insurance is commonly offered by U-Haul and other large rental companies and is designed to cover accidents with third parties.
  • The Driver’s Auto Insurance Policy — Most of the time, you should look to the driver’s personal automobile insurance to cover the damages from the accident. When you buy car insurance, it covers both your vehicle and you as a driver. That means that the driver who rented the truck will have coverage through his or her own car insurance for the accident, potentially on top of any supplemental liability coverage that they may have purchased.
  • Uninsured Motorist (UM) or Under-Insured Motorist (UIM) Coverage — If the driver does not have car insurance or their policy does not provide enough money to cover your damages, you or your attorney may be able to file a UM/UIM claim through your own personal auto insurance provider.

The Value of Having an Attorney on Your Side

Accident claims involving rental truck drivers can be quite complex. The burden of proof is unfortunately on you, and recovering the compensation you deserve not only requires that you have a full understanding of how liability applies but so much more.

While you may be concerned about the cost of hiring a lawyer, understand that these types of cases are always handled on a no-win no-fee basis. The only way your attorney gets paid is if (and when) he or she puts money in your pocket.

Not only will your attorney look out for your best interests, but they will also handle all communication with the insurance companies while you focus on getting back to your life. Insurance companies have teams of on-staff attorneys working against you. Without the legal representation of your own, they simply have no reason to play fair when it comes to your claim.

Sadat Montgomery

Sadat Montgomery is a Dallas personal injury attorney who takes pride in getting his clients the compensation they deserve and the medical care they require following a serious injury.