May 2018

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Six Contributing Factors of Fatal Rear-End Crashes

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An experienced attorney, like the skilled Auto Accident Lawyers Indianapolis, IN trust, devote a good deal of their practice to representing victims injured in rear-end collisions. According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for approximately one-third of all collisions.

In a study conducted by the National Highway Traffic Safety Administration (NHTSA), the factors contributing to fatal rear-end crashes in light vehicles and motorcycles were analyzed. Here are some of their findings:

  1.     In 27 of the 38 cases reviewed, the speed of the striking vehicle was the primary factor contributing to the fatalities.
  2.     The highest secondary factor contributing to 18 (48%) of 38 fatalities was the size of the striking vehicle in relationship to the lead vehicle; thirteen or 37% of the cases involved truck-trailer underride.
  3.     The highest secondary event contributing to the fatalities was the involvement of multiple vehicles in 4 of the cases; followed by the third highest event of post-crash fire in 3 of the cases studied.
  4.     In fourteen of the thirty-eight cases reviewed (37%), alcohol was a significant factor.
  5.     Improper restraint was responsible for the fatalities in 11.4% of the cases studied with the size of the lead vehicle (similar size or smaller than) relative to the striking vehicle
  6.     A medical condition accounted for one occupant’s death or .03%.

Based upon the data assessment, NHTSA concluded deployment of collision warning systems in future vehicles would save lives. Since this report was published, both front and rear warning systems are becoming standard equipment in all newer vehicles making our roads a much safer place to be.

Hire a Dedicated Car Accident Attorney

When you hire a car accident attorney who limits their legal practice to the recovery of compensation for injured clients, your claim may be worth much more than you realize. I am always taken aback when I hear from injured people who thought they could maximize their compensation by negotiating and settling their own injury claims. When matters become complex and start to go awry, people seek the counsel of competent legal representation.

An experienced car accident attorney has made injury law their life-study by staying current on local, state and federal legislation and regulations that may affect the financial recovery of their injured clients. A dedicated personal injury attorney studies current Court of Appeals and Supreme Court opinions to fully grasp the issues and evaluate the merits of each and every potential client’s claim. All cases differ by the facts. And unless you can put your trust into the hands of a skilled accident attorney, what you don’t know about the law and civil procedure may negatively affect your case.


Thanks to our friends and contributors from Ward & Ward Law Firm for their insight into car accident cases.

 

Can I Sue for Personal Injury if I’m in an Uber Accident?

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An experienced uber accident lawyer can help you determine your rights if you’re injured in an Uber or Lyft accident.

Uber and Lyft accidents are occurring more and more frequently as rideshare technology becomes increasingly popular. However, the laws regarding Uber and Lyft accident is relatively new and still evolving. For this reason, you will want to speak with a personal injury lawyer who regularly handles Lyft and Uber accidents and is up do date on the applicable law. The Wieand Law Firm is proud to represent Uber and Lyft accident victims through Pennsylvania and New Jersey.

In Pennsylvania, rideshare companies including Lyft and Uber are required to carry certain minimum levels of insurance. This insurance may help pay for medical bills, pain and suffering, as well as other economic and noneconomic damages that occur in an accident. An experienced lawyer can help you determine what coverages are available to you if you are injured in a crash.

What should I do if I’m involved in an Uber or Lyft Accident?

If you are hurt in an accident, try to get as much information as possible. This includes your uber drivers name, insurance information and make and model of the car. In addition, try to get the other driver’s contact and insurance informant. Take photographs of the accident scene. If police come, ask for the police report DC #. If there are witnesses, request their name, address, telephone and email address. This may be important information in the event you need to litigate a claim.

At your earliest opportunity consult with an attorney, like an uber accident lawyer Philadelphia, PA trusts. Experienced personal injury lawyers can help guide you through the claims process and make sure you don’t succumb to pitfalls along the way.

Go to the hospital if you believe you need medical treatment. Do not avoid medical treatment for fear that you will be stuck with an expensive ambulance or emergency bill. Automobile insurance policies provide PIP coverage which is meant to protect you and pay for emergency treatment after an accident.

Your ride-share app may request that you report the accident to Uber or Lyft. It is recommend that you hold off reporting accident details until after you consult with an attorney. The insurance companies for Lyft and Uber, similar to other auto insurance companies, want to minimize the amount of money paid out in the event of the accident. They will try to trick you into making statements against your interest while you are in shock after an accident. Therefore, it is recommended that you consult with an attorney after a crash who can represent your interests when providing a statement or information to an insurance company.


Thanks to our friends and contributors from Wieand Law Firm for their insight into uber accident cases.

Disclaimer: This article is for informational purposes only and is not legal advice. It may not be up to date or contain errors.

 

Family Suing American Airlines After New Bride’s Tragic Death

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Nurse.org is reporting that the survivors of 25-year-old nurse Brittany Oswell have begun a wrongful death claim against American Airlines in connection with her April 15, 2016 death while on a plane.

On the date in question, the young nurse became ill while flying on an American Airlines flight from Hawaii to South Carolina. She was returning from her honeymoon with her new husband, Cory. According to the lawsuit filed, Oswell became disoriented and dizzy on the trip, fainting while the plane was midair. A doctor on the plane examined her and believed she was having a panic attack at the time.

Around one to three hours after the assessment by the doctor, her husband found her on the floor in the plane bathroom, where she had vomited. The doctor tried to take her blood pressure, and she briefly regained consciousness while he was doing so. When the plane neared Albuquerque, New Mexico, the doctor asked the crew to land at the nearest airport possible, and he reportedly made this request three times. Allegedly, the pilot spoke to another doctor and decided the plane would not be diverted. Instead, it flew for another hour and a half to the airport at Dallas-Forth Worth, Texas, its original destination.

Shortly after the plane resumed its trip, Oswell became unconscious again. The doctor could not find a pulse and took emergency actions, including CPR, defibrillation and the administration of epinephrine. Court documents state the defibrillator failed to administer a shock and the young nurse never regained consciousness during this time. She was taken to Baylor Medical Center in Dallas, where she was pronounced brain dead and died three days later. According to reports, Oswell suffered a massive pulmonary embolism and her heart was unable to pump enough blood throughout her body.

In the wrongful death claim, her family alleges that American Airlines’ failure to divert the plane and make a landing as soon as possible resulted in Oswell not receiving proper care in a timely manner, which ultimately led to her death. It also cites the fact there was no properly functioning medical equipment on her flight.

Tina Starks, Oswell’s mother, says the family felt the matter was not taken seriously. She noted her daughter is no longer with her family, and it’s because a person made a business decision to keep a plane flying when Oswell needed emergency medical care the airline staff could not provide because of inadequacies on the plane itself.

American Airlines has since released a statement about the tragic incident, saying that their prayers and thoughts are with Oswell’s family at this time. The company also reiterated that passenger safety is something they take very seriously, and that the details of the complaint are being investigated.

When one party behaves negligently toward another party, losses, injury and even death can result. If you have lost a loved one due to the actions or inaction of another entity or person, speak to an experienced attorney, like Denver personal injury lawyer, about your case.


Thanks to our friends and contributors from The Law Offices of Richard J. Banta, P.C. for their insight into airplane accident cases.

 

Reckless Driving Charges in the Event of an Accident

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If you were at fault in an accident and charged with reckless driving, you likely have a number of questions about what you can expect as your criminal case progresses. If someone was injured in the accident, you may also be facing a civil lawsuit, alleging personal injury. Reckless driving charges stemming from an accident and personal injury claims stemming from that same accident often go hand-in-hand. You are not alone in your situation; many people have faced these related legal problems. This article aims to give you some basic information that can help you navigate basic procedure in these cases. It is important to understand, however, that this article is not a substitute for legal advice. If you are facing criminal charges or a civil lawsuit, it is always in your best interest to consult with an experienced and competent attorney who can help you make the right decisions as your cases progress.

One of the first questions you may have is, how can I have two cases about the same accident? You may have heard about the concept of “double jeopardy,” and you may be confused about why you are being contacted by two attorneys about the same accident. The answer is that there are two main court systems in the United States: a criminal court and a civil court.

Criminal Court: Criminal court is where your reckless driving charges are pending. This court hears some traffic violations and other crimes, ranging from theft, to fraud, to murder. The burden of proof in these cases is higher, meaning that the opposing party has to have more proof to establish a case against you. Your opposing party is the government, led by a prosecuting attorney. If you lose your criminal case, you may pay a fine to the government, and you may also face jail time.

Civil Court: Civil court is where the personal injury case against you is pending. This court hears disputes between private entities: citizens, corporations, and other companies. The burden of proof is lower; your opposing party needs less proof to establish their case. The opposing party is the person injured in the accident or, sometimes, that person’s insurance company which paid money to the injured person under an insurance policy. If you lose a civil case, you will likely owe money to the plaintiff, but you will not face jail time.

“Double jeopardy,” or the idea that you can only face trial for the same event one time applies separately to each court. So, the government can only try a case against you for a specific crime one time. Likewise, a plaintiff in an civil personal injury case can only file one lawsuit against you about the same issue.

This may sound confusing and intimidating, and it can be. It is important that you manage the deadlines of your cases, make sure you show up for the hearings, and that you are respectful and helpful to your judges. It is also important that you take the time to talk to and hire an attorney that can help you with both your criminal and civil case. Do not delay in hiring a car accident lawyer Bronx NY residents can count on to relieve some burden from your shoulders and help you make the most effective case possible in both criminal and civil court.