Feb 19, 2018

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Motorcycles, The Dangers of Sharing the Road with Other Vehicles


When riding a motorcycle, having a quick response is vital in order to prevent an accident from occurring. Motorcycle fatalities are among the most common types of vehicle accidents. In the majority of these situations, the person driving the other vehicle was at fault. Although being a motorcycle enthusiast is an enjoyable activity, it comes with its fair share of risk. To avoid accidents, a motorcyclist must be able to respond quickly and ride preventatively.

Road Conditions

Having an awareness of road conditions will help prevent an accident from occurring. When riding a bike, it’s vital that you are alert and aware of road conditions to ensure that you do not slide your bike and lose control. Avoiding the following conditions will help prevent accidents:

  • Always be sure to have good visibility, never ride a motorcycle when it’s raining.
  • Stay away from areas of the road that are covered with debris
  • Bypass any manholes, debris such as gravel or oil slicks

Vehicles on the Road

Motorcycles are mostly at risk of accidents when another vehicle on the road does not see them.

  • Distractions: Present day driving can prove to be more dangerous than ever with the number of distractions on the road such as: cell phones, texting, and technological amenities in our vehicles. As a result, motorcycles must use extra caution and always be on the alert.
  • Blind Spots: Motorcycles are much smaller than a car- being aware that you may be in the blind spot of a car is crucial to preventing an accident. Make sure that other drivers can always see you and that you are not blocked by anything that would inhibit their ability to see you.
  • Never ride between parked cars and traffic. You risk someone who is not paying attention opening their car door and hitting you!
  • Watch for cars turning out into intersections. It is highly likely that a car may not see you and pull out right in front of the bike. Always pay attention to signs and when you may be near an area where cars may be pulling out.
  • Pay attention to the wheels of other vehicles. It is the best way to see what their next move will be.  
  • Bikes can stop faster than cars. If you come to a stop too quickly, and the car behind you isn’t paying attention, you risk being rear-ended. At times, it may be appropriate to sit between cars rather than in a line of them.

While there are many dangers when riding a motorcycle, there’s no reason why it can’t be an activity that should be enjoyed by those who are interested. Educating oneself and taking the appropriate precautions will leave a motorcyclist as prepared as possible. Contacting a motorcycle accident lawyer trusts is vital if you have suffered a biking accident and would like guidance regarding whether or not to file a personal claim. Often the first meeting is free in order to assess the information before moving forward with a plan.


Estate Planning: Will Revisions After Personal Injury Settlements


When an accident results in injury, individuals may seek compensation from another party. For a victim of an accident to be awarded compensation, they must prove the defendant displayed negligence or gross negligence; which was responsible for the victim’s injury. Should the victim receive compensation, it may be issued in various formats. The victim may receive one large lump sum paid following the hearing. Or, the award may be divided into smaller payments issued periodically. Though it may be ordered by the court to issue a monthly check, precautions should be established to provide a plan for the assets in the event of an emergency. There are methods available in revising a trust or estate plan to include the personal injury settlement.  

Contact an Attorney

Revising a will or trust may contain legal hurdles that could be difficult to overcome on your own. The guidance and advice of an estate planning attorney may be beneficial when revising an estate plan. Inform them of the details regarding your personal injury award. The lawyer may ask the following questions to help better understand your situation; which may help provide them with a baseline to begin revising.

  • Will you be changing any beneficiaries who were named in your previous will?
  • Will you have any money left over after paying your medical expenses or any other costs that were related to your injury?
  • Will there be any residual medical expenses left over after you pass away? In some cases, you could end up with more than you realized if your settlement award extends far beyond your life expectancy.
  • Will you be adding any additional beneficiaries that are not currently listed?

Break Ups, Separations and Divorces

After a severe accident, you may be subject to long term disability. The accident may have resulted in decreased mobility and function; which may require you to alter your living situation. The change in living situation, as well as the effect the injury may have on your career, can be taxing to not only you, but your partner as well. In the event that you and your partner separate after an accident, you may wish to alter your estate plan. An attorney, like an estate lawyer Sacramento can rely on, should be familiar with the necessary steps required to change beneficiaries.

Regardless of the changes to your estate plan you wish to make, an estate planning attorney may be able to provide insight on whether the change is feasible, legal, and the steps that may be required. Unfortunate events may occur in your life, such as a personal injury suit or a divorce; thankfully, there is help available when it comes to planning your estate.

Thanks to our friends and contributors from Yee Law Group for their insight into estate planning and will revisions after a settlement.


Negotiating Medicare and Medicaid Liens


One portion of dealing with any personal injury claim, whether it is a wrongful death claim or a claim for bodily injury, is dealing with subrogation claims from medical providers, as a personal injury lawyer Little Rock, AR trusts can explain..

In the U.S. Supreme Court case of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), the court dealt with the right of Medicaid in a subrogation claim.  The court held that Medicaid must reduce its claim on personal injury or wrongful death recovery by the percentage that the Plaintiff reduced its claim in accepting a settlement.

Benefit of Ahlborn: Wrongful Death Lawyer Little Rock, AR

What does the Ahlborn holding mean?  It ultimately allows for the Plaintiff in a personal injury or wrongful death claim to keep more of the settlement, giving less of it back to Medicaid/the government.  The subrogation claim made by Medicaid to recover its costs provided to the Plaintiff must be reduced if the Plaintiff had to reduce its own recovery in settlement.

Whether Medicaid has historically recognized Ahlborn is a different matter.  In a practical sense, having dealt with Medicaid subrogation claims, Medicaid will claim not to recognize the case but will negotiate a reduced recovery on the merits of the case (same thing as Ahlborn, basically).  This has generally been very helpful to assist settlement in large or risky claims.

Death of Ahlborn – Wrongful Death Lawyer Little Rock, AR

The Bipartisan Budget Act of 2013 statutorily modifies Medicaid subrogation and allows for Medicaid to recoup all of the money it expended on a Plaintiff rather than the reduced formula allowed by Ahlborn.  However, the effective date of the Act was extended to October 1, 2016 and then extended again until October 1, 2017.  This implementation will create a ‘super lien’ in favor of Medicaid greatly affecting an attorney’s ability to negotiate a subrogation claim by Medicaid in order to resolve a case amicably without court intervention. 

This means that negotiating Medicare and Medicaid liens will become increasingly difficult, if not impossible, as time progresses.  For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in wrongful death cases for years.  


Dos and Don’ts After a Truck Accident


Car accidents are already a devastating ordeal, but when a large truck is involved in an accident, the impacts and damages are often much greater. Commercial trucks, such as 18-wheelers and semi-trucks, are much larger and heavier than most vehicles, so they are harder to control on the road and can cause severe damage and injuries in an accident.

If you or a loved one was injured in an accident involving a large truck, you may be entitled to receive compensation for your injuries. Before moving forward, it is imperative to speak with an experienced truck accident lawyer who can review your case and help determine the best course of action to take. In the meantime, there are important steps to take and consider.

Give an Accurate Statement

After an accident, the police will take a statement from everyone involved to ultimately determine the cause of the accident. When you speak with the officer, make sure you are calm and composed so that you can provide an accurate, thought-out statement. This is your chance to report your side of the story, which will be imperative evidence in an insurance claim or even a civil or criminal case. In order to protect yourself, it’s important that you don’t admit fault in the accident.

Collect Necessary Evidence

After an accident, you should gather the necessary information and evidence from the scene. You should obtain the name, address, phone number and insurance information of the other driver or drivers, get witness testimony and document the scene of the accident. If injuries were suffered, you should also gather medical records and bills. Proper evidence is needed to build a strong case.

Avoid Speaking with the Defendant

After the time of the accident, you should avoid speaking with the truck company, their lawyers or insurance company. Everything you say can carry weight in the case, so if you accidentally say something wrong, you could hurt your chances of receiving compensation. Instead, it is advised that a truck accident lawyer works with the other party on your behalf to negotiate a fair settlement. They can ensure the necessary components are handled and prevent potential problems.

Negotiate the Settlement Offer

If the other party offers a settlement early on, you may feel inclined to take it in order to cover medical bills and other expenses. Most insurance companies, however, start by offering a very low, unfair settlement for this reason. The first settlement usually won’t even cover the full extent of damages. Allow a lawyer such as the truck accident lawyer Central Phoenix, AZ locals turn to to negotiate the settlement offer on your behalf so they can get you the highest settlement possible.


Thanks to authors at Kamper Estrada LLC for their insight into Personal Injury Law.