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.

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.

2. 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.

3. 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.

4. 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.

5. 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.

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!

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.

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.