Assigning responsibility is a critical part of personal injury cases. When a car hits a pedestrian, the courts will look at what both the driver and the pedestrian were doing at the time of impact. The more at fault the motorist, the more of the costs associated with the injuries the driver will have to pay. If the pedestrian was careless or irresponsible, the motorist’s insurance company will likely fight a personal injury claim in court.
Here are some of the most common ways in which a pedestrian can cause an accident.
• Crossing against a traffic light or pedestrian signal
• Jaywalking and/or taking a diagonal path to cross the street
• Straying outside of the crosswalk
• Walking on a high-speed road
• Not using the sidewalk
Of course, cars must always yield to pedestrians. However, that does not give pedestrians the right to simply walk anywhere on roadways. For example, if a pedestrian suddenly walks into a busy traffic lane and is struck by a car, the driver is not likely to be held responsible for the accident. Pedestrians must use common sense, maintain general awareness of their environment, and follow local laws.
If you’ve been in an accident involving a pedestrian and car (as either the driver or as the pedestrian), call a personal injury lawyer immediately. The lawyer will guide you on how to process with the case and ensure that you will see a fair settlement based on reason and responsibility.Read More
If there are any serious medical problems from the accident, you should hire a lawyer.
Luckily many lawyers will work on contingency. On contingency basis, fees range from 25-40% depending on the case. The attorney will cover costs up front, making it possible for the client to seek justice without worrying about losing their own money.
While your insurance company is required to fairly represent your interests, there are built-in limitations to your insurance policy. There are also built-in limitations in the other driver’s insurance policy. If those limitations don’t cover all of the medical costs, the insurance companies walk away leaving you with thousands of dollars of unpaid medical bills. Or even worse – a lawsuit by the other driver requesting that you pay his or her medical bills as well.
Perhaps you aren’t worried because you (and perhaps the other driver) have health insurance. The health insurance companies don’t want to pay medical bills caused by unnecessary car accidents. Now, people are suing insurance companies and insurance companies are suing each other and you. You need a lawyer.
A person injury lawyer will protect you from unfair claims and help you get the money you deserve for your medical bills and your lost wages.
Medical bills add up quickly. And lost wages can have a devastating effect on your long term earning potential. These costs can quickly exceed the limits on your (and the other driver’s) insurance policy. If a reckless driver destroys your ability to use your hands to work, your lawyer will help you collect his or her future earnings.
Because insurance is highly regulated by each state, it’s unlikely that your insurance company will try to scam you out of money. However, they are likely to want a quick and easy settlement. While an insurance company probably won’t say, “Don’t hire a lawyer,” they might send you a letter explaining why lawyers complicate and delay the settlement process.
Insurance settlements without lawyers are fast. Once you hire a lawyer, you become just another case in the backlog of your regional legal system. Using a personal injury lawyer may mean years of waiting for additional settlement money. However, the lawyers are the experts. If a personal injury lawyer takes your case, patience and trust will yield the best settlement.Read More
If you’ve been in an auto accident and need to seek damages from the other driver, you need to first find out if you have a valid claim.
There are multiple considerations that can affect the validity of your claim. That’s when it’s a good idea to seek assistance from an experienced personal injury attorney who can help determine if your claim is valid.
It’s also important to notify your insurance company, police, and if necessary, the department of motor vehicles following any accident that resulted in injury.
Depending on the state you live in, rules can differ regarding specific time frames to report an accident. If you neglect to report to the DMV within a designated time frame, you may limit your chances of a claim.
The term no-fault means that insurance companies pay the costs related to an accident a policy holder without the need to prove the other party was at fault. No-fault stops accident victims from filing claims against the other party unless expenses are beyond the determined amount of money.
Every personal injury case is different, but they all center on two basic issues. Liability and damages. To have a valid claim, you need prove that you suffered an injury. You need to show that the other person was responsible.
You need to prove that effects of the injury can be measured by money or damages. To show liability, you need to prove that the other driver was legally obligated to use care while driving. You also need to prove that they violated that responsibility. Your auto accident must be directly related to the injuries you received.
It’s important that you have a personal injury attorney to determine the circumstances of your claim and make a valid decision about it. If your attorney believes that your claim is valid, they will work with to develop a strong case that supports indisputable evidence for your claim.Read More
As we approach the upcoming Labor Day Holiday, we reference AAA’s recent study that projects a significant increase in highway traffic over the holiday weekend. AAA predicts more than 30+ million Americans will travel more than 50 miles away from home over the holiday.
This rise in auto traffic is determined to be at its highest since the recession. The study projects that the increase is due to both the economy and increasing costs for air travel.
The major factor this year is more people will be traveling by car rather than air. This increase in auto traffic can bring an increase in accidents, injuries, and deaths as more people are trying to get to their destinations.
Labor Day is considered by most Americans to be the final fun event before school begins. Unfortunately, there is a noted flux and increase in the number of drunk drivers and related accidents.
Approximately 300+ travelers lose their lives in accidents. Approximately 40% of wrongful death accidents will involve alcohol. On that note, we offer some helpful safety recommendations to help keep you and your family safe through the holiday weekend:
Abstain from using your cell phone when behind the wheel – leave your phone alone when driving.
Make sure all passengers in your vehicle are buckled up and children are in age-appropriate safety seats.
Children 12 and under should always be seated the back seat.
Allow plenty of travel time to avoid frustration and diminish any impulse to speed.
Always drive defensively, stay alert, and exercise caution, especially during bad weather.
Never drive when drowsy. Pull over to rest often as needed in order to drive safely.
Designate a non-drinking partner to drive when appropriate.
Keep in mind even moderate consumption of alcohol impairs reaction time and driving judgment.
We urge all drivers to stay alert, drive defensively, and stay safe.Read More