Saturday, October 18, 2014

How Long Does A Car Accident Lawsuit Take?

Unfortunately, there is no preset schedule for car accident lawsuits; as with any litigious action, the amount of time required is dependent on the specifics of the case in question. There are, however, certain factors that commonly influence the total duration of a court case.


One of the most pertinent considerations in a car-accident liability lawsuit is proving fault. Victims and plaintiffs may present a variety of sources of evidence, such as police reports and surveillance footage, in an attempt to prove beyond reasonable doubt that they were wronged. In some cases, they may even use traffic laws specific to their state to support their argument that the other driver should be held responsible. Because juries and judges must evaluate the validity of such arguments, the plaintiffs’ ability to represent themselves in court plays a big role in how much time they spend waiting for a decision.


Another important factor is whether the defendant can actually be held liable for the damages. For instance, a commercial truck driver who causes a wreck may not be the only individual at fault; employer liability or negligence may mean that the driver’s boss also contributed to the accident. Lawsuits that do not account for such situations may take longer or be more open to counterarguments.


The amount of settlement a victim requests also plays a role. In some instances, plaintiffs and defendants will go back and forth for months or years as they negotiate award amounts, and when insurance companies are involved, things can take even longer as damaged property, medical bills and other claim evidence are assessed. It should be noted however, that insurers and lawyers are typically governed by finite time limits requiring them to disburse funds to victims within around three months after a successful settlement agreement.


In the end, the amount of time car accident lawsuits require is directly related to the amount of preparation plaintiffs put into them. It is important to consider the specific civil and tort laws of the jurisdiction in question to ensure that all actions have been taken properly and prevent administrative or technical delays. To learn more about how a settlement might play out or potentially discover additional factors that might reduce the wait, contact a lawyer.



How Long Does A Car Accident Lawsuit Take?

How Much Is My Car Accident Settlement Worth?

The value of any given car accident settlement is dependent on the damages that the plaintiff claims or pursues. As a result, it is important to consider the individual factors that go into a claim or lawsuit in order to calculate the worth of a settlement accurately.


Most car accident settlements reflect a few kinds of damage. These typically include immediate and ongoing medical expenses, present and future lost wages and the costs associated with repairing damaged vehicles or property. By adding these different amounts, it is possible to come up with an approximation of the economic compensation an accident victim or motorist might be able to request, but economic compensation is not the only factor one should consider.


Other damages may not have a well-defined dollar value, but they still affect people. For instance, a driver may experience significant emotional or mental trauma following an accident that results in the loss of a loved one; some support groups even maintain that car accidents are a common cause of post-traumatic stress disorder. Such effects can make life far harder to enjoy, and their ramifications may negatively impact victims’ abilities to make healthy recoveries and could increase the cost of dealing with daily responsibilities.


Also, remember that insurers can use various formulas to calculate the value of a specific settlement. Though policy providers do not typically publicize which methods they employ, their calculations often account for factors like medical bills, pain and suffering and lost income. Furthermore, settlement calculations are dependent on the laws in the jurisdiction where the accident claim was made, the details of the insurance policy and the validity of the claimant’s liability case. For instance, a motorist who was partially at fault in an accident that caused them serious physical harm may not be eligible for as large an insurance settlement.


Accurate calculations of the worth of car accident settlements may play a role in negotiations with insurers and court proceedings. Contact a lawyer to learn more about what one should take into account.



How Much Is My Car Accident Settlement Worth?

Wednesday, October 15, 2014

How Long After a Car Accident Can I Claim?

Those seeking insurance settlements following car accidents don’t have unlimited time to make claims. Most jurisdictions specify hard time limits for filing and completing claims, and these maximums depend on a number of critical factors pertaining to the accident in question.


In many states, car accident claim limitations are determined by the statute of limitations for the type of incident in question. For example, in Illinois, adult motorists who want to claim compensation for bodily injuries have two years after the time of the accident to accept settlements. If they’re under the age of 18, they have two years from their 18th birthday. Illinois bodily injury claims for accidents that were caused by government entities or agents, on the other hand, are restricted to specific limitation statutes for the government body in question.


Note that many laws pertain to the date by which a claim must be concluded. As such, it’s critical to file an insurance claim sufficiently early enough to gather necessary evidence, complete all negotiations and come to an acceptable settlement agreement.


The minimum statute of limitations for personal injury car accident lawsuits is around one year in Kentucky, Tennessee and Louisiana while states like Oregon provide up to a decade. Because the clock starts ticking as soon as the accident occurs, survivors should generally prepare any evidence they may need immediately. Even if they don’t foresee needing to file a claim, the fact that damage or medical issues may be discovered later makes it prudent to get preliminary actions out of the way early. Steps like reporting the incident to the authorities and obtaining a medical exam don’t usually require that much time, and the documentation they generate can be used as evidence later.


Motorists who want to file claims after car accidents are typically limited by the laws in the jurisdictions where the accident occurred. To learn more about dealing with insurance firms and making a claim in a prompt enough fashion to still have time for negotiations, contact a lawyer.



How Long After a Car Accident Can I Claim?

Sunday, October 12, 2014

What to Do in a Car Accident When It"s Not Your Fault?

No matter how careful a driver may be, statistics indicate that most drivers will be involved in a car accident at some point in their lives. Most states require that drivers carry some type of automobile insurance or evidence of financial responsibility. Having proper insurance and knowing how to handle an accident will help to lessen the worry and stress if an accident occurs.


No matter who was at fault, there are ways to handle an accident to ensure that proper procedures are followed. This protects a driver by documenting the situation at the time of the accident and is particularly helpful if the driver is sued later. First, make sure that the driver and passengers of each vehicle are unharmed, and call for medical help immediately. Place reflective cones or flares around the vehicles to warn moving traffic that there has been an accident. If possible, move the vehicles out of the roadway. Report the accident to the police.


Do not discuss who was at fault even if it is certain that the other driver was in error, never agree to a friendly settlement or discuss terms of an agreement, and take pictures of the condition of the vehicles. This ensures that the other driver cannot make false or exaggerated claims afterwards. Exchange names, contact information and insurance details, and record the license plate number and the make and model of the other vehicles involved. If possible, write down what happened. If there are witnesses who saw the accident, get their names and phone numbers if they agree. When the police arrive, give an accurate and honest account of the accident.


Even if the accident was caused by the other driver, report the accident to the insurance carriers as soon as possible. Although an accident may seem minor, damage to vehicles may be greater than appeared at the time, or injuries may become apparent after a few days. If a dispute arises later about who was at fault, talk to an attorney who can assist in establishing the facts.



What to Do in a Car Accident When It"s Not Your Fault?

Sunday, October 5, 2014

How Long Do I Have to Report A Car Accident?

After car accidents, the incident should be reported to the authorities as well as the insurance policy providers of the drivers in question. Some jurisdictions require motorists to report accidents to law enforcement officials immediately. However, uniform laws do not typically govern the time frames for making reports to insurance providers.


The main determining factor in how long an individual has to report an accident to their insurer is how long their policy gives them to do so. For instance, most policies do not penalize motorists for failing to report accidents right away or even more than 24 hours after the incident. However, some suggest that a person should begin the process of filing the claim as soon as possible because if they are unable to meet deadlines that were previously determined, they might not be able to obtain benefits.


On the other hand, most states apply the statute of limitations to determine how long an individual has to file a lawsuit against the at-fault driver in court. These periods vary for different kinds of settlement cases, such as personal injury and property damage, and they are also contingent upon the local laws governing the parties involved in the accident. As such, it is usually best to notify insurers promptly to account for time required to assess damage, review supporting evidence and negotiate a satisfactory settlement amount.


Finally, remember that waiting overly long to report accidents may affect the viability of the claim even if the statute of limitations does not come into play. For instance, in claims involving vehicles that sustained so much damage they were declared as total losses, insurers may decide to deduct rust and other damage from the actual cash value of the vehicle. Although this usually only applies to damage that occurred prior to the accident, delaying a report unnecessarily could make determining the extent of the damage difficult. To learn more about reporting accidents and filing claims, contact a lawyer.



How Long Do I Have to Report A Car Accident?

Thursday, October 2, 2014

How Long Do Car Accident Settlements Take?

Like the incidents that prompt them, car accident settlements can vary dramatically. After a claim is filed, the insurer usually retains the right to review the evidence and request further information as needed, and claimants do not necessarily have to accept the first settlement offer they receive from an insurer. As such, the amount of time it takes for a person to receive an insurance payout is difficult to estimate.


Although there is no universal schedule for accident settlements, one hard limit is defined by the statute of limitations for lawsuits in the state where the accident occurred. For instance, courts may throw out cases if plaintiffs file after the statute of limitations has expired. Because most of these laws specify the date by which a case must be finalized, they generally serve as maximum limits on the total duration of a given settlement claim.


Other important factors pertain to the specifics of the case in question. For instance, claimants are responsible for providing evidence that another party was at fault, and insurers can contest claims on such grounds if they do not believe sufficient evidence was proffered; the nature of the information given in support of a claim thus affects its viability and duration. Such back and forth can extend the amount of time it takes to complete a settlement, especially when claimants exercise their right to dispute the offers they were presented. The settlement negotiation process generally involves offers and counter offers, so it is wise to initiate claims early to account for such delays.


Technicalities may also increase the wait times people experience when pursuing settlements. For instance, claiming something that is not covered in addition to damages that are a part of the policy may prompt the insurer to respond by rejecting the claim, which can prolong the process. To reduce the likelihood of such avoidable setbacks, it is wise to review the details of the case as well as any policy agreements and filing procedures prior to actually making a claim. Discover more about recovering from a car accident by contacting a lawyer.



How Long Do Car Accident Settlements Take?

Tuesday, September 30, 2014

How to Determine the Diminished Value of Your Car After an Accident?

Vehicle accidents often result in the values of cars depreciating more than they would otherwise, even if the vehicles in question seem outwardly functional or bear relatively few cosmetic defects. In order to determine the post-accident worth of such vehicles, owners and insurance assessors must take a number of factors into account.


When computing the value of a damaged vehicle, which is also known as the Actual Cash Value, assessors usually look at three major components. In addition to referencing the value that a comparable, non-damaged vehicle would have in an auto book, like Kelley Blue Book, insurance firms also calculate the fair market value of the vehicle, which accounts for its wholesale or retail cost after the accident damage is taken into consideration. Finally, insurers may or may not decide to account for the total replacement cost of the vehicle; note that such calculations are usually only applied when vehicles are relatively new.


Remember that different states have specific rules governing ACV calculations and insurance payouts. For instance, the Washington State Office of the Insurance Commissioner notes that insurance taxes on totaled vehicles must be calculated in a way that compensates the vehicle’s owner for the yearly taxes and fees that have already been paid but remain unused. Regional laws may also address who is held responsible for the diminished value of a vehicle following an accident. In jurisdictions like Connecticut and other states, third party claims can be submitted against negligent drivers and their insurers.


Although drivers can get a general base for their vehicle’s diminished value by looking it up in Kelley Blue Book or the National Automobile Dealers Association, this is only a preliminary step. In order to compute an exact value, most motorists have their cars assessed by a professional insurance claims adjuster who can calculate the costs of specific kinds of damage. To learn more about adjusting the value of a vehicle following an accident, contact a lawyer familiar with the laws in the state where the accident occurred.



How to Determine the Diminished Value of Your Car After an Accident?

Are Cars Getting Noticeably Safer? Motor Vehicle Accident and Injury Incidence Rates from 2000-2009

According to data published last month by the NHTSA car accidents involving injuries have been on a steady decline, which makes sense when you consider how much technology is in new cars to protect and assist the driver. This trend should only continue as safety equipment and collision avoidance systems continue to evolve to the point where IHS, a global information company, expects 2035 to be the year most vehicles will be self driving.


While the data is certainly about 5 years old, it represents some of the most comprehensive data the NHTSA has published, and we can use this to determine what trends were present for a 10 year period, which even now can tell us which way things are going.


When you consolidate all of the number from the individual states and lump them together based on PDO (Property Damage Only), Non-Fatal Injury, and Fatalities, you come up with the following spreadsheet of data…


CarAccidents


There are a couple of highlights to call out here.



  1. Overall, Car Accidents declined from 5.8 million to 5.1 million from 2000-2009 (This represents a 12.26% decline)

  2. Property Damage Only Vehicle Accidents declined from 3.8 million to 3.5 million from 2000-2009 (This represents a 7.79% decline).

  3. Injury Accidents declined from 1.9 million to 1.5 million from 2000-2009 (This represents a 20.9% decline).

  4. Fatalities fell from 31k to 26k, representing a 15.71% decline.


What is happening here is overall there are less total accidents nationwide, but what’s more is the data shows only an 8% decline in property damage only car accidents.  What this means is some of the accidents which involved injuries (whether fatal or not) earlier in the cross section of data had to have moved to the property damage only classification.


Long story short, there are fewer total accidents (12% fewer as of 5 years ago), and 20% less accidents involving injuries, therefore both collision avoidance systems as well as the safety equipment within our vehicles are getting better and better.



Are Cars Getting Noticeably Safer? Motor Vehicle Accident and Injury Incidence Rates from 2000-2009

Saturday, September 27, 2014

Should You Get A Lawyer After A Car Accident?

After a car accident, injured drivers should seek immediate medical attention. If the accident occurred due to another driver’s negligence, the next step should be hiring a competent lawyer. Assuming that the other driver’s insurance company will provide fair compensation can be a bad idea, and attempting to square off against an insurance company without legal representation may lead to a less than desirable settlement.


Insurance companies go to great lengths to keep settlements as low as possible. In many cases, injured drivers receive no compensation or far less than they should because they choose to go without representation. Therefore, anyone who sustains serious injuries in a car accident through might consider retaining legal counsel. However, working with a lawyer after sustaining minor injuries should be avoided. The legal costs will most likely surpass any payouts or settlements that are received.


Drivers might consider consulting lawyers after sustaining serious injuries in car accidents. This is especially important if those injuries could involve long-term repercussions that will result in ongoing medical costs. Certain scenarios make it even more urgent to retain a skilled lawyer. For instance, if the other driver is uninsured or underinsured, the odds of being fairly compensated can be very low. Similarly, if the involved parties do not agree about who was at fault, the injured driver should protect his or her interests by seeking competent legal counsel. In some cases, an insurance company might pressure a victim into taking a settlement quickly, but a lawyer might be able to help a client negotiate.


By hiring an lawyer after being involved in a car accident, injured drivers can reduce the risk of being awarded an unfair settlement by other drivers’ insurance companies. Many times, the statute of limitations for contesting a settlement is brief, so it might be a good idea to speak with a personal injury lawyer soon after an incident occurs. In other cases, the proceedings might continue for a long time, but legal counsel might help a person keep track of the case over time. If you have been seriously injured in a car accident, it might be best to speak to a lawyer about your case.



Should You Get A Lawyer After A Car Accident?

Wednesday, September 24, 2014

How Long After A Car Accident Can You Sue?

After a serious car accident, pursuing a lawsuit might be the furthest thing from the minds of individuals who suffered serious injuries, but it’s important to begin investigating possible legal options as soon as possible. For those injured on account of another motorist’s negligence or recklessness, a personal injury lawsuit could yield much more substantial compensation than a standard insurance claim payout, but time is of the essence. Every state has a deadline, known as the “statute of limitations” by which certain types of lawsuits must be filed.


The statute of limitations for personal injury lawsuits varies by state and can be as long as six years from the date of incident or injury or as short as one year, but most states permit two or three years to file a claim, and this deadline can be extended in certain circumstances. Since some serious car accidents may involve latent injuries, such as concussions, which may take time to be diagnosed, many states have a “discovery of harm” rule in place, meaning that the clock starts ticking for filing a lawsuit from the moment a person discovers or should have reasonably discovered that he or she suffered harm. This standard can complicate matters, however. For instance, if a car accident victim experienced symptoms consistent with a severe concussion soon after the accident but refused to be examined by a physician until several months after the symptoms appeared, the discovery of harm rule may not be applied.


The statute of limitations may also be extended if the plaintiff was a minor when the accident occurred. As an example, if a teenager in Tennessee was injured on his 16th birthday, he will have three years rather than one year to file a suit since he will not turn 18 for two years, and the state’s statute of limitations is one year.


Special extensions may also apply for disabled or mentally ill patients or in cases in which the defendant leaves the state for an extended period of time. Since cases vary considerably in their circumstances, a personal injury lawyer could evaluate a case involving latent injuries, a minor or other special circumstances to see if it would be possible to extend the statute of limitations. If not, the lawyer could assist in ensuring that the lawsuit is filed in a timely manner.



How Long After A Car Accident Can You Sue?

Thursday, September 18, 2014

How to File an Insurance Claim for a Car Accident?

When a driver is involved in a traffic accident, there are several steps to take immediately, including calling the police, documenting the accident and filing a claim with the insurance companies even if the accident appears to be minor. By filing a claim after the accident, policyholders are better protected if circumstances change. Damage to vehicles may be greater than originally documented, those involved may have injuries that were not noticed at the time, or other parties may later claim to have suffered injuries or sustained damages.


Drivers should note what happened, take pictures of the cars involved, exchange contact and insurance information, and get the make, model and license plate number of vehicles involved. Insurance companies recommend that drivers do not discuss fault or admit guilt.


Within a day after the accident, drivers should contact their own insurance carrier and the insurance company of the other party, and a claims adjustor will be assigned to handle the claim. The adjustor may require that forms be submitted, and he or she might take a statement about the incident. At that time, drivers should be factual and honest when relaying the circumstances of the accident because the companies determine fault based on evidence that they collect. The claims adjustor negotiates with the other driver’s agent and determines what monetary compensation should be offered based on injuries, medical treatment, damage to property and cost of repairs.


Most policies carry a deductible to be met by the insured. Policyholders should review their plans to ensure that they understand what is covered and what compensation may be offered. They should also keep records about repairs to vehicles, medical bills, other expenses and conversations with agents or others involved in the process.


After evaluating the claim and adjusting for deductibles, a claims adjuster may make a settlement offer. It is important that the policyholder estimates the value of the claim to evaluate whether the settlement offered is fair. If the settlement appears to be too low, claims can be negotiated. If there is a dispute, lawsuit or a settlement that appears low, call an attorney who specializes in insurance claims to negotiate the claim process.



How to File an Insurance Claim for a Car Accident?

Monday, September 15, 2014

How Much Compensation Can You Get for a Car Accident?

Car accidents can result in injuries, property damage, employment ineligibility and other lifestyle disruptions. Those who experience accidents may find that recovery takes time and places a strain on their financial resources. Although many seek fiscal compensation to facilitate the rehabilitative process, the amount of compensation motorists and victims can expect following a car accident varies based on a number of factors.


Accident survivors and their families commonly seek compensation to offset medical expenses, property damage and lost wages. As such, victims may present courts with various types of evidence, such as hospital bills, former pay stubs, insurance claims, police reports and other documentation. In these instances, the amount of damages an individual is ultimately awarded is typically reflective of the losses they can prove.


The amount of compensation a motorist can legally pursue depends partially on the laws of the state they reside in. For instance, some states have implemented no-fault insurance regimes where insurers pay their own policyholders regardless who was at fault for the incident. Most of these laws, however, are written to explicitly exclude liability for property damage, meaning that property owners must pursue separate litigation against drivers who damage their property. In other states, insurance laws specifically limit the maximum amount an individual can sue for in small claims courts and other kinds of legal settings.


Finally, the way a lawsuit or insurance claim is structured plays a big role in determining compensation sums. For example, targeting the incorrect motorist following an accident involving multiple vehicles may result in no judgement being awarded, and the legal costs of such a failed effort can chew into successive compensation claims. Similarly, some motorists who operate commercial or government vehicles may benefit from employer indemnification; victims who want to pursue litigation might have to go through administrative tort processes that affect their cases’ compensation potential.


The wide breadth of factors that impact car accident compensation mean that it’s important to undertake insurance claims and litigation in an appropriately planned fashion. To learn more about seeking car accident compensation, contact a lawyer.



How Much Compensation Can You Get for a Car Accident?

Friday, September 12, 2014

What To Do In A Minor Car Accident?

Taking appropriate action in the first few moments after a minor car accident can greatly affect how well victims recover physically, legally, and financially from this traumatic event. Victims should act promptly to minimize the effects the wreck will have on their lives and that of any other victims involved in the situation. These steps should be taken to ensure that everyone affected by the accident receive the help they need.


The first step involves calling 911 to alert the police about the accident. Even if the wreck appears to be relatively minor, people should still make a police report so that the circumstances of the accident are clearly documented. This documentation could be vital to filing a claim against an insurance policy or being reimbursed for towing, repair, and medical expenses later.


Along with calling 911, victims should also exchange insurance information with any other motorists involved in the accident. Regardless of whether they caused the wreck, everyone affected by the event should provide their insurance details so that the victims can be compensated either by their own insurer or by the insurer of the person deemed to be responsible for the accident. Necessary details to write down include the other people’s insurance company names, policy numbers and contact information.


Additionally, people who have suffered scrapes, bruises, sprains or other accident-related injuries should either call for an ambulance or be examined by their doctor within the first few days after the wreck. Having these injuries documented can be vital when victims need to make a claim against the responsible driver’s insurance company to have their medical bills paid. The medical reports, photographs and other documentation can ensure that these claims get paid promptly.


Moreover, even if the wreck appeared to be minor, victims should contact a lawyer for proper advice and help. A lawyer might work to make sure that a victim’s best interests are protected and could pursue compensation for the client’s accident-related expenses.



What To Do In A Minor Car Accident?

Tuesday, September 9, 2014

How Much Does Car Insurance Go Up After An Accident?

Car accidents are expensive. Although insurance covers major damages, many drivers see the cost of their policy increase after an accident. In order to know how much car insurance will change after an accident, it is important to understand how premiums are determined in the first place.


A range of factors, including the driver’s age, the type of car and his or her location, determines the cost of an insurance policy. In addition to these variables, insurance companies will also factor in driving history. Driving history includes any previous moving violations a driver has had, such as speeding tickets and other traffic offenses. Any pervious accidents are part of that history.


After an accident, it is difficult to be definitive about specific increases because circumstances are different in each case. The cost will vary based on the type of plan and the other factors. Increasingly, many insurance companies offer some type of forgiveness policy. With a forgiveness policy, drivers are not penalized after their first accident, which means their rates will stay the same.


However, almost all insurance companies will raise rates after a second accident. To determine the increase, the insurance company will look at the driver holistically, assessing the overall risk of covering that driver. This will use previously mentioned factors like age and type of car, adding those risk factors to the increased accident filings. Because these factors vary so much from driver to driver, it is impossible to know definitively in advance how much an accident will impact the cost of coverage. On a whole, however, the average rate increase after a second accident is 86 percent.


It is important to note that while this increase may seem dramatic, it is not necessarily a lifelong cost. Most states only allow insurance companies to look at the last three to five years of a driver’s history, which means that rates should normalize again if drivers remain accident free for that period.


After a car accident, it is important to get appropriate legal advice. Be sure to contact a lawyer to handle all legal implications as soon as possible.



How Much Does Car Insurance Go Up After An Accident?

Friday, May 16, 2014

Wrong-way driver involved in fatal I-5 accident

A 42-year-old cab driver was killed after a wrong-way accident in California on the Interstate 5 freeway in the early morning hours of April 19. The fatal crash occurred around 2:30 a.m. near the Washington Street exit in San Diego in the highway"s southbound lanes. Reports say that after being struck by the wrong-way driver, the cab driver exited his vehicle and was run over several times by oncoming traffic. He was pronounced dead at the scene.

While the cab was stopped on the freeway, a white Honda Accord crashed into it and pushed it over an embankment. It careened through a chain-link fence and ended up nose-down in a nearby parking lot. The driver of the Accord was transported to a nearby hospital and treated for minor injuries.

The wrong-way vehicle that initially caused the crash made a U-turn and took the Washington Street exit and fled the scene. Authorities later located the vehicle, which had been abandoned in downtown San Diego. Around 10:15 a.m., California Highway Patrol officials arrested a blonde woman in her 40s who is alleged to have been driving the wrong-way vehicle. It was a rental car, and authorities are investigating whether the woman may have been driving under the influence at the time of the accident. CHP officials were forced to close all of the freeway"s southbound lanes for a time, and traffic was restricted to one lane for several hours while road crews cleaned up the scene.

If the deceased victim"s family wishes to collect compensation for damages related to the death of the cab driver, they might work with a personal injury attorney. After reviewing the evidence gathered by police investigators, that attorney may be able to determine if the family is able to hold one of the drivers involved in the accident liable in court.

Source: NBC San Diego, "Cab Driver Hit Several Times After Head-On Collision," Diana Guevara, Monica Garske and Vanessa Herrera, April 20, 2014

Monday, May 12, 2014

Authorities search for driver of red station wagon

After a 29-year-old man almost lost his leg in a serious car accident, Denver authorities released video footage of the woman they think was responsible for the crash. Two other people were with her, and police are asking that anyone with information on the case come forward. Police do not know the extent of the friends’ involvement in the incident.

The young father was at a convenience store on Jan. 3 buying snacks for his children when his son swung a bag of chips and accidentally hit his daughter. A stranger waiting in line spoke up and said she would have spanked the child if she were the parent. A friend of the victim said that the stranger should stay out of it. After the father went outside to rent a movie at a vending machine, the stranger drove her car, described as an old red Subaru station wagon, into him, trapping him against the movie kiosk. She then fled the scene, but store video cameras had captured her image while she was inside.

He said he could see her face as she hit him, with the impact breaking his leg and causing additional serious damage. He suffered from an infection and nearly lost his leg after undergoing 15 operations. Still required to use crutches, he lost his job as an electrician’s apprentice and can no longer work. The man’s lawyer said that he feels that while the injuries are devastating, seeking justice is even more important for his client, and he hopes that someone might have heard her talk about what happened.

Holding the responsible parties accountable for their actions after an accident might help bring closure to the incident for a victim. A personal injury lawyer may be able to pursue compensatory damages including medical expense reimbursement and recovery of lost wages.

Source: The Denver Channel, “Police release photo of hit-and-run suspect who nearly cost young father his leg,” Lance Hernandez, March 29, 2014

Saturday, May 10, 2014

Tow truck accident leaves 4 injured on New Jersey highway

Officers from the North Caldwell Police Department and paramedics from the Pine Brook Fire Department responded to a report of an auto accident on Route 46 on Sunday, March 30. According to police reports, the collision occurred on a two-lane section of Route 46 when a flatbed truck struck a passenger car as both vehicles were traveling eastbound.

Authorities further elaborated that a 2014 Nissan sedan was traveling on the right lane toward Fairfield Township at around 2:51 a.m. when it was allegedly sideswiped by the truck, which was owned and operated by Passaic Towing. The collision sent the tow truck careening off the highway into a pole supporting an information road sign maintained by the New Jersey Department of Transportation.

When first responders arrived on the scene, they realized that the tow truck driver and a passenger were trapped in the cabin. Police officers pulled the driver out and took him to Morristown Memorial Hospital. The passenger was also extricated by paramedics from the West Essex First Aid Squad and the Fairfield Fire Department. She was also taken to the hospital.

The driver and passenger of the sedan were transported to Pequannock, where they received treatment at the Chilton Hospital. Police officers reportedly have not yet written any traffic tickets or issued any summons in this case pending the finished investigation. While many drivers believe that unsafe driving citations issued after a car accident are indicative of liability, this is not always the case, but a civil case does not need to depend on the fact that criminal sanctions were imposed to be successful when evidence such as a completed police investigation or witness accounts may be put to use to prove negligence.

In this case, an attorney assembling a case on the behalf of the injured parties in the passenger vehicle may look to a completed investigation report for indicators of the tow truck driver"s negligence. If the tow truck driver indeed sideswiped the Nissan, it is possible that he may have been attempting an unsafe passing maneuver or distracted by a mobile device while driving, which caused him to fail to maintain his lane.

Source: The Progress, “Route 46 crash injures four,” March 31, 2014

Monday, April 28, 2014

Driver cited in connection with 5-vehicle accident in Dallas

A 30-year-old Texas man has been cited for failing to control the speed of his vehicle and for not having proof of insurance after his 2007 Ford F-350 caused a multi-vehicle accident. As the driver traveled west at a high speed, authorities said, his truck hit a westbound Nissan Armada, initiating a chain-reaction collision that ultimately involved five vehicles. The Nissan, in turn, stuck a Dodge Ram also traveling west, and the Dodge truck then hit a 2012 Ford F-350 in the westbound lanes. Meanwhile, the Nissan crossed into eastbound traffic and was hit by another Dodge Ram that was traveling east. This Dodge truck rolled multiple times as a result of the impact with the Nissan, also striking the 2012 F-350.

Although several individuals were affected by the incident, only the driver and passenger of the eastbound Dodge truck were transported to local medical facilities for care along with the 30-year-old driver thought to be responsible for the incident. Their injuries were not deemed life-threatening, and the men have since been released from the hospital. A family, including four children, occupied the Nissan, and all reportedly escaped injury in the auto accident.

According to officials, the driver of the speeding truck has been cited but not arrested. A recent announcement by local officers indicated intentions to arrest more individuals involved in reckless driving incidents. However, officers investigating this case indicate that none of the witnesses reported reckless driving on the part of the individual cited in the case. Texas laws do not provide for arrest for speeding. Reckless driving in Texas is the operation of a vehicle with willful disregard for the safety of individuals or property.

While the driver in this case hasn"t been arrested, his actions have caused a great deal of damage and stress for others involved. Those injured may face unexpected medical costs as well as loss of work because of the automobile accident. An attorney assisting an injured plaintiff in such a case could examine accident investigation results and the responsible driver"s previous driving record to paint a picture of negligence to prove liability in a personal injury suit.

Source: OA Online, "Man cited with failure to control speed after five-vehicle accident," Audris Ponce, March 20, 2014

Saturday, April 26, 2014

Motorcycle crash kills California man

According to the California Highway Patrol, an accident between a motorcycle and a pickup truck resulted in the death of a 63-year-old Cottonwood man. The fatal motorcycle accident occurred in Happy Valley on the night of March 24.

A driver in a Ford F-350 was headed westbound at an undetermined speed on Palm Avenue when he attempted to turn left into a residential driveway. The truck allegedly turned into the pathway of an oncoming motorcycle, causing the collision. The rider was thrown from his motorcycle, according to officers with the CHP.

The driver was reported by police to be under the influence of alcohol when the collision occurred. Officers took him into custody on suspicion of gross vehicular manslaughter while intoxicated and driving under the influence causing injury. Police will be requesting the charges to be filed by the Shasta County District Attorney"s office as their investigation progresses.

The accident described in this article can be fairly common as drivers can sometimes have a difficult time judging an oncoming vehicle"s distance when making a left turn. Motorcycles have a smaller profile than motor vehicles, which makes their distance more difficult to judge. Lastly, impaired drivers have slower reaction times than non-impaired drivers. These factors can increase the odds for a serious accident.

If the police report concludes that the driver was intoxicated at the time of a fatal accident, the victim"s family may have substantial grounds to file a wrongful death lawsuit against the driver. A personal injury lawyer might assess the accident report and answer questions regarding California personal injury law.

Many lawsuits can be resolved out of court through negotiation with the at-fault driver and his or her insurer. However, there are some instances in which a case may move into the litigation phase in civil court. This can happen when an insurer repeatedly denies a legitimate claim or is not willing to pay a fair settlement. It may also be necessary to litigate the case in civil court if the plaintiffs want to pursue exemplary damages.

Source: The Redding Record-Searchlight, "UPDATED: One dead in Happy Valley car vs. motorcycle crash," March 24, 2014

Thursday, April 24, 2014

Pennsylvania woman killed in 2-car accident

According to police, a Lancaster woman was killed in a two-car collision that took place on the night of March 13 in East Lampeter Township in Lancaster County. The accident took place about 8:20 p.m. in the 1800 block of Old Philadelphia Pike near Chateau Hill.

A driver reportedly crossed into the path of a 1978 Chevrolet Caprice after hitting the right curb at the intersection and struck the vehicle almost head-on. The Caprice"s driver was taken to Lancaster General Hospital where she was pronounced dead. Police say that a passenger in the Caprice suffered severe injuries and was transported to the hospital where he was listed in serious condition.

The driver of the car that struck the Caprice suffered non-life-threatening injuries and was taken to the same hospital for treatment. At the time of the report, law enforcement officers were continuing to investigate the accident and sought information from the public.

It may be several weeks before investigators complete the accident investigation and report. Law enforcement officials may perform an accident reconstruction for accidents involving fatalities and critical injuries. The reconstruction might answer questions such as whether speed or alcohol were factors in the accident. In addition, the reconstruction may help officials determine whether a particular area of the road or intersection may be dangerous or has contributed to an accident.

The family of an accident victim seek compensation from an at-fault driver. The state or county might also be requested to pay compensation if the accident was at least partially caused by unsafe road conditions. A personal injury lawyer might interpret an accident report and determine the family’s eligibility for filing a claim according to Pennsylvania statutes. Additionally, the lawyer may work with the at-fault driver"s insurance company to negotiate an acceptable settlement. If the insurer will not pay a fair settlement or denies the plaintiff"s claim, the lawyer might file a request for a trial in civil court.

Source: ABC 27-WHTM, "Woman dies after 2-car crash in East Lampeter," Myles Snyder, March 14, 2014

Sunday, March 9, 2014

Colorado lawmakers targeting hit-and-run drivers

Hit-and-run accidents are an area of serious concern in Colorado. Seventeen times every day in the city of Denver alone, a hit-and-run accident is reported to police. Hit-and-run fatalities occur almost three times every month in Colorado, figures from 2012 reveal, and pedestrians are the most likely to be killed.

In 2012, 34 hit-and-run deaths were reported statewide. This number is nearly twice the 18 hit-and-run fatalities reported in 2011. Between the years 2008 and 2012, 104 people died in hit-and-run accidents; 64 of them were bicyclists or pedestrians.

In an effort to put an end to what a former Denver police officer called a "tremendously huge problem," Colorado lawmakers in 2012 passed legislation establishing more severe criminal penalties for hit-and-run drivers if the victim sustained serious bodily injury. Additionally, several Colorado cities have adopted the Medina Alert program, which is designed to enlist the help of the public in apprehending hit-and-run drivers. The program, which began in Denver and is named after a hit-and-run victim, is based on the federal Amber Alert system for locating missing children. The Colorado legislature will decide, during the current term, on a bill to make the Medina Alert system part of state law; it would then be managed by the Colorado Bureau of Investigation.

A study conducted in the 1990s by a University of Vermont economics professor showed that hit-and-run drivers make a decision to flee because they feel they have "more to lose" by staying than by running. The driver may be driving on a suspended license, for example, or he or she may have been drinking. Alcohol is commonly a factor in hit-and-run cases. Hit-and-run drivers are likely to be young and male and have previous criminal convictions, according to a second study, this one conducted by the University of California at Berkeley.

Many of the cases never get solved. As the former Denver police officer described it, looking for a hit-and-run driver is like "looking for a ghost." Lawmakers hope their legislative efforts will have an effect in years to come, but they caution that public perception and awareness must change before the incidence of hit-and-run accidents changes. At least one state representative has suggested a public awareness campaign similar to those that have been effective for seat belt usage and litter prevention.

Those who have been injured in hit-and-run accidents often deal with feelings of anger and helplessness because the identity of the at-fault driver is unknown. Even in hit-and-run cases, however, a personal injury attorney may be able to secure the victim compensation for medical expenses, pain and suffering, lost wages or other damages if the driver at fault can be found before the statute of limitations for personal injury and wrongful death cases runs out.

The Durango Herald, Careful being a pedestrian in Colo., Burt Hubbard, Feb. 15, 2014

Saturday, March 1, 2014

Two people killed after being stuck from the rear in Pennsylvania

According to a recent news report, a husband and wife from New York were killed after being struck from the rear by a tractor-trailer. The accident happened in May 2013 on Interstate 81 north in Pennsylvania’s Silver Spring Township near Route 581 at about 4:02 p.m. The truck’s driver, a …
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Automobile recall expanded as more fatalities are uncovered

South Carolina drivers should be aware of an expanded recall by one major car manufacturer, adding four new models to the list of affected vehicles. The problem with the vehicles has already resulted in multiple fatalities and dozens of accidents. Automaker General Motors has announced an …
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Brother of Salma Hayek involved in deadly automobile crash

Anyone from Illinois who knows of famous Hollywood actress Salma Hayek may have heard that her brother was involved in a fatal car crash in Los Angeles. Aside from the 40-year-old, one other was injured in the accident, and one person died. Media sources unsuccessfully reached out to Salma …
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Voice to text can be just as dangerous

Georgia drivers should be following the debate on distracted driving. Experts say that one out of ten <a href=”http://atlanta-caraccidentlawyer.net/car-accident/”>car accidents</a> on the road is caused by a distracted driver. Texting while driving is considered one of the most …
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California man dies in traffic accident

A 34-year-old male passenger was killed after the red sedan that he was in was T-boned by a silver Chevy pickup. The accident occurred during the early morning hours of Feb. 15 at South Flower Street and West Pico Boulevard. The Metro Blue Line that runs parallel to the street had to be shut...
California man dies in traffic accident

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Salma Hayek"s brother involved in fatal crash

Massachusetts fans of actress Salma Hayek may be interested to learn that her 40-year-old brother has been involved in a fatal accident in Los Angeles. Although the precise causes of the crash remain under investigation, both Hayek"s brother and the 20-year-old driver of the other vehicle were ...
Read the rest of "Salma Hayek"s brother involved in fatal crash"

Friday, February 28, 2014

California driver taken into custody

A 28-year-old man accused of drunk driving while travelling the wrong way down a highway in San Diego has been arrested. The car accident occurred on Route 94 near Federal Boulevard when the alleged drunk driver crash his BMW head-on into a Nissan sedan. The Nissan’s driver suffered fatal…



California driver taken into custody

Man killed in early morning accident in Florida

A 58-year-old man was killed in a pedestrian accidents that involved three vehicles. The incident took place at about 5:20 a.m. on Commercial Boulevard by the Turnpike entrance in Tamarac.


According to police, the victim, from Villa Rica, Georgia, was driving his Nissan truck when he collided with a Chevy Avalanche. It is unknown who was at fault for this accident. After this crash, the man got out of his truck to check the damage. His wife and son remained inside. As the man was inspecting the damage, a Dodge truck driven by a 32-year-old man from Tamarac crossed the intersection after getting a green light. The driver of the Dodge apparently did not see the victim and hit him.


The first responders were Tamarac Fire Rescue firefighters. They had heard the crash at their station house, which is located about a block away. The victim was transported to Broward Health Medical Center where he was declared dead. The driver of the Dodge stopped to wait for police, who continue to investigate the incident. The Chevy Avalanche left the scene before the second accident, an police are still searching for the driver of that vehicle.


The man’s family might consult a personal injury lawyer to find out if they are eligible to file a wrongful death claim. The lawyer might use the information provided by the completed police investigation and by eyewitness accounts to determine if there was negligence involved. If negligence is determined and the family chooses to file a claim, they might be compensated for hospital, funeral and burial costs as well as for loss of support.


Source: CBS Miami, “Driver Struck, Killed By Truck After Crash“, Maggie Newland, February 16, 2014



Man killed in early morning accident in Florida


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Car accidents and Fails Collection: Cars on the road Compilation October 2013

Over 5 minutes of various accidents at various speeds.  Just goes to show it only takes a split second to happen.



Car accidents and Fails Collection: Cars on the road Compilation October 2013

Driver tried to walk away after killing pedestrian in California

A 27-year-old man who had just hit and killed a pedestrian at the intersection of Van Ness and Pacific Avenues in San Francisco was arrested after he tried to walk away from the early morning accident. Witnesses identified him to police as he tried to leave the scene of the crash.
According to...
Driver tried to walk away after killing pedestrian in California

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Using a Car Accident Settlement Calculator

If you have recently been injured in a vehicular accident, you may be entitled to compensation for pain, suffering, and bodily injuries if the collision was not your fault.  Sometimes figuring out how much you should be awarded is a difficult and painstaking process, so you might consider using...
Using a Car Accident Settlement Calculator

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Driver crashes into Arizona apartment, injures couple

A 20-year-old man allegedly drove his truck through the wall of an apartment in a Phoenix Arizona suburb during the early morning hours of Feb. 18 as two people slept inside. Authorities think that the motorist was traveling between 40 and 45 mph when his truck hit the wall of the Chandler...
Driver crashes into Arizona apartment, injures couple

Thursday, February 27, 2014

Michigan accident kills four, injures five others

According to authorities, a pickup truck hit a sport utility vehicle with six occupants after the SUV lost control on an icy roadway in western Michigan on Jan. 31. Four of the six people in the SUV died as a result of their injuries. The two other occupants from the SUV and three people in the...
Michigan accident kills four, injures five others