Hit and Run Accidents: What Happens in the Aftermath?

Posted by on Jul 30, 2015 in Car Accidents | 0 comments

Hit and run accidents are among the most alarming incidents that happen in American roads and highways. The fact that these accidents are becoming more and more prevalent contributes to this concern. As noted by the National Highway Traffic Safety Administration or NHTSA, vehicular crashes where the driver at fault flees the scene have resulted in 1,449 fatalities in 2011. This is a significant increase from the 1,274reported hit and run fatalities during the year 2009.

While specific provisions may differ from state to state, traffic laws in America generally require drivers that have been involved in an accident to stop and wait for traffic enforcement to arrive at the scene. Drivers that have caused injury to another motorist or to a pedestrian are also required to provide assistance and share all information necessary to do so. Driving away from the scene of an accident is a gross violation and is usually met with severe punishment. Those charged with a hit-and-run violation may face license revocation or suspension, imprisonment, costly fines, and even the cancellation of one’s liability insurance.

Still, the aftermath of a hit and run accident is far grimmer for the victims involved in the crash. An injury caused by a major car collision is already dangerous on its own. It’s easy to imagine that such dangers increase when the victim is left at the scene extremely vulnerable and with little means to seek out medical assistance. When victims do receive the medical attention they need, they are often left financially burdened by the expenses required for their treatment. Injuries caused by major car accidents are also known to leave victims incapacitated. In most cases, victims will need to take time off from their jobs in order to recover properly and are left with no means of income for the time being.

Because of these consequences, the website http://www.truslowlaw.com/ emphasizes that car accident victims have the absolute right to pursue legal action against those who injure them in such a grave manner. This is especially true for victims involved in a hit and run accident. Aside from criminal charges, a driver who flees at the scene of a car wreck can also be pursued through a civil lawsuit where victims can claim just compensation for the damages they’ve incurred.

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What Constitutes Reckless Driving?

Posted by on May 1, 2015 in Car Accidents | 0 comments

Car accidents are frequent events that affect millions of people every year. Negligent driving is one of the most common reasons that an accident occurs. Even more dangerous that negligence when operating a vehicle is recklessly or carelessly driving. This is defined as willfully and wantonly disregarding traffic laws and placing other people and property in direct danger of injury.

Although intent is not an element of reckless driving, the act of dangerous driving exceeds negligent driving. For example, speeding or driving while under the influence of drugs or alcohol constitutes negligent driving. However, these charges are separate than reckless driving as they do not explicitly establish excessively dangerous driving behavior.

Instances when these charges would fortify each other would include when speed exceeds over 30 miles per hour over the given speed limit or when the debilitating effects of drugs and alcohol causes the driver to carelessly operate a vehicle. Other driving decisions that would result in a reckless driving charge would include racing a vehicle in a prohibited manner, eluding an officer, and dangerously passing another vehicle with poor visibility.

Reckless driving is generally a misdemeanor, resulting in fines and possible jail time. However, the legal ramifications of reckless driving are far less severe than the possible injuries or fatalities resulting from an accident. Reckless driving can cause serious emotional and physical damage to drivers of cars and motorcycles as well as pedestrians.

If you or a loved one was involved in an accident due to the reckless and dangerous driving of another individual, consult a personal injury lawyer in your area to discuss your legal options. You may be entitled to financial compensation for your medical bills, vehicle repairs, and emotional distress.

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Texting While Driving: A Dangerous Activity While Behind the Wheel

Posted by on Mar 1, 2015 in Car Accidents | 0 comments

While DWI, which stands for driving while intoxicated, is a serious traffic violation that involves either alcohol or drugs, the website of Online Schools.com found a unique way of using the same acronym, but with a rather amusing meaning – “driving while inTEXTicated.”

There is definitely nothing wrong with texting or talking with someone over the phone, but do any of these chores while driving, then the effect can even be fatal.

The Danger of Using a Phone While Driving

Records from the National Safety Council, a non-governmental and non-profit public service group established to help promote health and protect life in the United States, show as many as 1.6 million car accidents annually all due to the use of a cell phone while driving. Injuries and deaths on a daily basis, according to From the Centers for Disease Control and Prevention (CDC), are 1,153 and 9, respectively. The sadder part of the reports, however, rest on the fact that majority of those involved in the accidents were young drivers, aged from 18 to 20, who admitted to have been texting someone at the time of collision.

The use of cell phone while driving is considered to be the worst and most dangerous form of distracted driving. Despite the recorded dangers it presents, states still vary with regard to the prohibition of the use cell phone while behind the wheel.

State Laws on Cell Phone Use While Driving

A total of 44 states, as well as Puerto Rico, Guam, the U.S. Virgin Islands, and D.C., strictly prohibit text messaging (but not talking on the phone), for all types of drivers; D.C. and about 37 states, on the other hand, ban new drivers and teens any form of cell phone use.

Texting, though, is not the only dangerous activity behind the wheel. Talking with someone, whether using a handheld or hands-free phone, is even found to be more dangerous, actually causing more accidents than texting. This is because talking greatly increases the chance of keeping a driver’s eyes and attention off the road and driving task.

According to the website of the Abel Law Firm, accidents due to cell phone use are definitely preventable. While the federal government has ruled the use of a bluetooth headset for truck drivers to avoid their use of a cell phone, this mandate is yet to be required to drivers of smaller vehicles.

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Pedestrians – Victims with the Worst Injuries in Car Accidents

Posted by on Jun 19, 2014 in Car Accidents | 1 comment

Though not everyone in the US may own or drive a car, there is one sure thing that all Americans have in common – everyone is a pedestrian, even for just a particular time within a day. A pedestrian is any person on foot. He/She could be walking, jogging, running, just standing at a street corner or waiting for the bus or a cab to arrive, and so forth.

In a car crash wherein pedestrians are involved (as victims), they are the ones who always sustain the most severe injuries, such as broken bones, neck injuries or spinal column injuries. Just when one would think that walking may be the safest thing to do on the street, wait until a reckless or negligent driver comes along as his/her arrival may and can change the whole scenario.

In 2013 different car manufacturers, in improving their brand of cars, began introducing built-in safety features that will make driving not just safer and more enjoyable, but which will make the vehicle an active factor in significantly reducing incidences of accidents wherein pedestrians get severely injured or die. Some of these modern safety features are the Obstacle Avoidance technology which, with the aid of a camera that has up to 660 feet scanning capability, will automatically stop the car or make the car steer around pedestrians to avoid hitting them, the Pedestrian and Cyclist Detection with Full Auto Brake, and the Forward Collision Warning system and the Automatic Braking system.

With about 76,000 pedestrian injuries and 4,743 pedestrian deaths in 2012 alone, people on the street are considered no longer safe. It an article posted on its website, Houston Lawyer Ali Mokaram from The Mokaram Law Firm states that an accident resulting to an injury can very well affect an injured victim negatively by reducing his/her employment opportunities (due to the injuries), changing his/her life for good, at the same time.

There are many accidents caused by the negligence of other people and to this, Habush Habush & Rottier S.C.® state that victims have the right of recovering compensation from at-fault parties or individuals. Compensation usually covers lost wages (present and future wages), cost of medical treatment and even damage to property. Thus, it is necessary that victims seek legal counsel, who can fight for their rights and help them get that compensation that they legally deserve.

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Causes and the Challenge of Dealing with Insurance Providers

Posted by on Jun 12, 2014 in Car Accidents | 0 comments

With the continuous increase in the number of automobiles on U.S. roads and highways, the need to make sure that all cars, with all their parts, are manufactured according to industry and government standards is an absolute necessity.

The National Highway Traffic Safety Administration has been consistently strict in its campaign to significantly reduce the number of car accidents in the US. With more than five million cars getting involved in accidents, whether minor of serious, every year, the NHTSA has passed new laws, made punishments heavier, and the presence of traffic enforcers, more visible.

With drunk-driving, reckless driving, overspeeding, and driver error and distraction, being the top causes of car accidents, enforcement of laws have been stricter and enforcers more determined in apprehending violators of traffic safety rules, especially those who violate laws that are intended to greatly lessen the major causes identified above.

With regard to drunk-driving, the NHTSA has already made moves to lower the legal limit of blood alcohol concentration (BAC) from 0.08% to 0.05%; and the Administration is confident that its move will be recognized and approved by US law-makers. Besides this, there is also the conduction of sobriety tests, the imposition of the 0.04% BAC limit for truck and other commercial drivers, and the zero tolerance level to individuals who are below 21 years old.

While advocating the use of seatbelt, the use of cell phone, while driving, has been illegalized, as this is one of the major culprits in many car accidents which involve young drivers. In connection to this, the use of the Bluetooth headset has been required, especially for commercial drivers, as their vehicles’ present more danger on the road due to their size.

Studies based on surveys reveal the fact that many drivers still act negligently on the road, even without intending it. One result of this carelessness while driving is letting different forms of distractions take their focus from the road. Checking a map for directions, adjusting the controls of a GPS, lighting a cigarette, eating or drinking, fixing a tie, combing the hair, shaving (may be isolated, but this still happens) or changing a shirt, are examples of these distraction – there are so many others besides these.

Any act that will reduce a driver’s focus on driving always spells danger for that particular driver and for all others who may be sharing the road with him/her. And despite carrying liability car insurance coverage (to cover damages to property and injury caused on the victim), many victims have found out just how hard it is to deal with insurance providers and parties/individuals who were at fault in the accident.

It is important that victims are always represented by competent lawyers who are very familiar with the stipulations of tort law. A determined Columbia personal injury lawyer will fight for an accident victim’s rights and seek just compensation.

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On-the-Job Car Accidents: The Benefits the Injured Employee is Entitled to Receive?

Posted by on Jun 9, 2014 in Car Accidents, Worker Injuries | 0 comments

Studies show that besides the private use of cars, more Americans have also been found to be driving for reasons that are related to work. Needing to make a delivery or pick up a package, transporting a co-employee or employer, meeting with a client, making an ocular visit to a job site and so forth, are just some of the reasons and factors that make work no longer just confined inside the office.

Studies also show that a large number of those who get involved in auto accidents are people whose time behind the wheel is part of their job. Thus, it is necessary that these people, as well as everyone else, understand their legal right, especially if the accident they are involved in (or get involved in) results to property damage and/or injuries, or worse, disability or death.

People who sustain job-related injuries, especially injuries that lead to temporary disability (which may last for weeks or months, but less than a year) are entitled to receive financial aid provided by the workers’ compensation benefits program. Going to, or heading home from, work is no longer part of job, thus getting involved in an accident during any of these times is non-job-related. If at any time, however, an employee was required by his/her employer to pick up office supplies or run any errand, and ends up in an accident along the way, then such may be considered as still part of the job (this may be based on the Portal-to-Portal Act of 1947, which recognizes any act performed in behalf of the employer, even outside work hours, as part of work and requiring pay).

The workers’ compensation benefit, which is financial assistance given to employees who sustain work-related accidents (or illnesses) is intended to cover cost of medical treatment, lost wages, vocational rehabilitation, disability, and, in the event of death, funeral expenses and usually wage replacement benefits for the family. In cases wherein permanent disability is sustained, and if disabled employees have earned the required number of merits, then they may file a claim with the Social Security Disability Insurance. Besides the workers’ comp and SSDI, if the accident was not the fault of the injured employee, then he/she may also file a civil case for compensation from the driver at fault.

Experienced Des Moines, IA workers’ compensation lawyers will be aware of how to prepare all required documents and applications, and will know the proper procedure for submitting them. While this may seem like an easy task, applying for workers’ comp or Social Security are never simple matters. Thus having a highly-competent lawyer’s assistance through all this is an important matter.

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