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Poll Reveals Distressing Rise in Distracted Driving

Dallas News reports that distracted driving is on the rise, alongside accidents on the nation’s roads. The US Department of Transportation’s data shows in that in 2011, there were about 5.3 million accidents, and the figure jumped to close to 6.3 million accidents for 2015. While the accident rate increase has more than one cause, a primary factor that is worrying safety advocates is driving while distracted. A recent Harris poll that was carried out for NerdWallet seems to support this concern completely.

According to the Harris poll, about 67 percent of Americans have driven in the last year while using a cellphone. It’s worth noting that 14 percent of all fatal crashes with distracted driving as a factor involved mobile phone use in 2015, according to the US Department of Transportation’s data.

Among the people who admitted to using their phone in the poll, 38 percent said they texted while they drove, and 13 percent said they almost went off the road, weaved in and out of lanes and nearly had an accident or did have an accident.

In addition to cell phone use while driving, 62 percent of respondents said they were distracted by things beside a cellphone while driving over the last year. The leading category by far in this section was eating, with 58 percent saying they did it, followed by 10 percent of drivers admitting to grooming while driving. Caring for a child in the backseat accounted for 9 percent, while laptop use made up 7 percent. Changing clothes came in at 5 percent, and drinking alcohol clocked in at 4 percent. Other reported distractions included reading, putting feet outside of the car while using cruise control, and playing an instrument.

While it appears likely that the rise in electronic use will continue to be a problem on the roads, the tech sector is now taking some proactive measures when it comes to curbing distracted driving. As reported by Tech Radar, the new operating system for Apple devices coming this fall, iOS 11, has a feature that will detect when someone is driving and silence all notifications. Users can even set it so that their Apple device sends an automatic text message response to incoming messages that indicates they are currently driving.

Smartphone apps that help people avoid distracted driving are also available for many devices. SafeDrive, for example, lets safe drivers earn points to use to discounts on services and products. AT&T’s DriveMode silences alerts and sends auto-replies to messages received on a driver’s phone. For parents with teen drivers, there’s LifeSaver, an app that locks the phone when the teen is driving and sends automatic messages when he or she has arrived at the destination. This app is also available for businesses that have fleet vehicles.

Distracted driving has resulted in minor, major and fatal accidents all over the country. If you’ve been injured because of a distracted driver, speak to an experienced auto and motorcycle accident lawyer Denver CO trusts as soon as possible about all of your rights.

Thanks to our friends and contributors from Richard J. Banta, pc for their insight into distracted driving.

If a Self-Driving Car Causes a Fatal Accident, Who’s Responsible?

Self-driving cars are not commonplace at this juncture in time. Nonetheless, the number of self-driving cars on U.S. roadways is beginning to increase. As the number of self-driving cars on roadways grows, accidents involving these vehicles will become more common as well. There will likely be an increase in the number of self-driving cars that cause fatal accidents.

 

If you have lost a family member in an accident involving a self-driving car, you need to understand your legal rights and appreciate the necessity of retaining the services of skilled, experienced wrongful death lawyer.

 

Determining Liability in a Self-Driving Car Accident Case

 

A primary element of a wrongful death case is ascertaining who is responsible for the accident. When it comes to a self-driving car fatal accident, a number of parties may be responsible for the event.

 

Examples of parties who may be held responsible legally for a self-driving accident include the designer of the vehicle. Another responsible party may be the manufacturer of the car. A parts manufacturer may also be deemed responsible for causing a self-driving vehicle accident if a specific part of the car malfunctioned.

 

The owner of the self-driving car may be deemed responsible for an accident, as might the individual in the “driver’s seat” in the vehicle. Although the vehicle is autonomous, these cars include override systems that can be activated, when necessary, by an individual positioned in what would traditionally be the driver’s seat.

 

The Elements of Establishing Legal Liability in a Wrongful Death Case

 

There are four primary elements underpinning a successful wrongful death claim, including one involving a self-driving car. First, a duty of care must exist. In this case, the operator of a self-driving vehicle must operate it in a reasonably safe manner.

 

Second, the duty of care must be breached. Running a red light in a self-driving car would represent a breach of the duty of care. Third, the conduct must be the actual and legal cause of the accident. Finally, a person pursuing a claim involving a self-driving car must sustain actual injuries. In the alternative, a death must have occurred as a result of the accident.

 

Compensation in a Self-Driving Car Wrongful Death Accident

 

The compensation potentially awarded in a wrongful death case arising from an accident involving an autonomous car depends on the circumstances surrounding the accident. The relationship between the deceased individual and a family member making a wrongful death claim also comes into play.

 

Examples of losses and damages that are compensable in a wrongful death case can include final medical bills, funeral and burial expenses, property damage, mental anguish and emotional distress, and lost income or financial support.

 

In some cases, punitive or exemplary damages may be awarded in a wrongful death case. These represent additional compensation awarded in a wrongful death case. Punitive or exemplary damages are awarded if the conduct of the party causing an accident is determined to be particularly egregious or reckless.

 

Understanding that very few accidents occur involving self-driving cars at this juncture in time, personal injury lawyer Milwaukee WI trusts work more frequently with clients who have sustained injuries in accident involving traditional motor vehicles. The same holds true for wrongful death cases.

Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into car accident and personal injury practice.

Sports League Injuries: How to File a Personal Injury Claim

Millions of people of all ages across the United States participate in a wide range of sports. Many of these individuals are involved in one or more types of sports leagues. Some of the most popular are football, basketball, baseball, and lacrosse.

If you are a participant in say a sports league or lacrosse camps athletes favor and have sustained an injury while playing, you may have some questions about compensation for your medical costs. Specifically, you might want to know how to file a personal injury claim against a party you believe was responsible for the accident which caused your injuries.

It’s important to understand your legal rights before you begin pursuing a personal injury claim. This includes understanding the potential benefits of working with a skilled and experienced personal injury lawyer.

Preparation for Filing a Claim with an Insurance Company

Before you submit a claim to the appropriate insurance company, there are crucial steps that must be taken.

  1. You should make every effort to appropriately document the accident scene and your injuries. Documenting the accident scene ideally includes taking photos or making a video of the accident itself. For example, if you were injured playing league basketball, you should photograph or make a video of the area of the court in which the accident occurred, including any defects in the court surface that may have contributed to the accident. In addition, you should obtain images of the injuries you sustained.
  2. You also need to obtain the names and contact information for any witnesses of the accident. If possible, obtain a concise statement from any witness to the accident. Have them date and sign the statement.
  3. Before filing a claim for damages, you need to obtain a thorough evaluation of your injuries from a reputable healthcare provider. For health reasons, it’s important to get medical care and treatment for your sports league-related accident. For your accident claim, it’s important to get written documentation of that care from your attending physician. Be sure the documentation specifies the nature and extent of your injuries.

Taking on an Insurance Company

One you complete the preliminary steps associated with pursuing a claim for damages, you are in a position to file an actual claim for damages or compensation with an insurance company. You need to make sure you are aware of any claim filing deadlines established by the insurance company, within the insurance policy, and state laws.

The manner in which insurance companies deal with claims and injured people underscores the benefits of immediately after the accident retaining legal counsel. Very often, the presence of legal counsel increases the odds of a fair and comprehensive settlement.

At your request, a personal injury attorney can schedule an initial consultation with you. During that consultation, you can obtain a thorough evaluation of your case. If the lawyer agrees to take your case, the evaluation might include an analysis of possible strategies intended to optimize potential compensation in your case.

Allergic Reaction to Sunscreen – Do I Have a Personal Injury Case?

If you are like most people, you regularly use of some type of sunscreen. If you are like a smaller number of individuals, you may have suffered a serious allergic reaction to a sunscreen you have used. In the aftermath of an allergic reaction to sunscreen, you may be wondering whether or not you can pursue a personal injury case against the manufacturer.

The Basis for Liability in a Personal Injury Case

If you have suffered injuries due to an allergic reaction caused by a sunscreen, you may have what is called a products liability case. A products liability case is a type of personal injury claim. There are four elements that must be in place to successfully make a personal injury claim.

First, you must establish what is known as a duty of care. In the case of sunscreen, the manufacturer of the product has a duty of care that requires its product to be reasonably safe for use. The manufacturer also has a duty to disclosed any possible negative consequences that can arise from the use of the sunscreen.

Second, you must demonstrate that there has been a breach of the duty of care. An example of a breach of a duty of care in the sunscreen case could involve the proper disclosure of a potential issue with the product. If the manufacturer knew that the sunscreen could cause an allergic reaction and failed to properly disclose the fact, that could be considered a breach of the duty of care.

Third, the breach of the duty of care must be what is called the proximate cause of the accident and injury in question. This means that the breach of the duty of care must be the legal and factual cause of the accident and your injuries. In other words, you did not know of the potential of the allergic reaction because the manufacturer did not disclose it. You used the product and you suffered an allergic reaction.

Finally, you must suffer actual injuries, damages, or losses because of the breach of the duty of care. In this case, you need to demonstrate that you had an adverse reaction when you used the product. As an aside, you need to bear in mind that a sunscreen with natural ingredients is less likely to cause an allergic reaction.

Who is Responsible for Your Injuries

Products liability governs who is responsible for the injuries you sustained. Products liability determines who in the chain of manufacturing is responsible for an accident and associated injuries.

In the case of sunscreen that caused an allergic reaction, the manufacturer is a likely responsible party. You need to keep in mind that the store that sold you the product might also be a responsible party. The store has a duty to sell you safe products.

Compensation in a Sunscreen Personal Injury Lawsuit

Potential compensation in a sunscreen personal injury case depends on the facts surrounding the injuries you sustained. With that in mind, there are certain injuries, damages, and losses that oftentimes result in a compensation in a successful sunscreen personal injury case. These include compensation for medical bills and expenses, pain and suffering, mental anguish and emotional distress, and lost wages.

Retain Legal Representation in a Sunscreen Personal Injury Case

You can protect your legal rights and interests in a case involving an allergic reaction to sunscreen by retaining the services of a skilled experienced personal injury lawyer. The first step in retaining legal counsel is scheduling an initial consultation. As a general rule, a personal injury lawyer does not charge a fee for the initial consultation.

The Legal Do’s and Don’ts of Depositions

Court Reporter

Depositions typically take place at an attorney’s office with the assistance of reporter, like a court reporter, and are usually several hours. During a deposition, an attorney will ask you several different questions about a legal case. A deposition will help the attorney understand the case better and prepare for trial. What you say during a deposition is very important, so you should listen to each questions carefully and provide honest and detailed answers.

If you have to give a sworn testimony soon, you may feel pretty nervous. Just about everyone feels apprehensive about providing depositions. However, if you prepare yourself for the deposition, things will go a lot smoother.

How to Prepare for a Deposition

If you have any questions or concerns before a deposition, do not hesitate to bring them up to your lawyer. He or she can explain the process more thoroughly so that you know what to expect. Your lawyer may even bring up questions that will be brought up at the deposition.

No matter what, you should always provide accurate and truthful answers to the questions you are asked during a deposition. Keep your answers brief and do not offer up information beyond the scope of the questions. If you do not understand a question, do not be afraid to ask for clarification. If you don’t know the answer to a question or can’t remember something, say so. You never want to make any information up during a deposition.

Try to be as calm as possible during your deposition. The more relaxed you are, the easier the process will be. If you start to feel overwhelmed or tired, don’t hesitate to ask for a break. You can take a few minutes to get a drink of water and compose yourself.

Giving a testimony may seem scary at first, but it is not so bad. It will be over before you know it. Just make sure to answer each question truthfully and do not be afraid to speak up if you don’t understand something.

It may be in your best interest to hire a lawyer to guide you through the deposition process and protect your rights. He or she will attend the deposition with you and make sure that you are not asked any illegal questions. Having a knowledgeable and experienced lawyer on your side might make you feel a lot better about the situation.

How Important Are Seat Belts?

In the last thirty years, all the way across the country, states have been enforcing seat belt laws to assist with bringing down traffic fatalities. But are seat belts really that important, or do they contribute to more injuries than they prevent?

Seat Belt Legislation

Seat belt laws began in 1968 with a federal law mandating that vehicles be equipped with seat belts (except for buses). Use of the seat belts was still voluntary in all 50 states, however, until New York State began requiring residents to wear seat belts in 1984. Younger people will consider seat belts to be a given when riding in a car, but some older people still forget to put their seat belts on from time to time.

As of 2017, New Hampshire is the only state that does not require occupants to wear their seat belts. In many states (18 out of 50), not wearing your seat belt is considered a secondary violation — meaning that you might only receive a ticket if you are in the process of a moving violation, e.g., a primary violation. The CDC has recommended that states begin to treat all seat belt refusal as a primary violation in order to lower the death toll.

The Statistics

Though most of us are doing what we can to bring down the fatalities, motor vehicle crashes are still one of the leading causes of death for those under 30. According to the CDC, in 2009, 33,000 people died and 2.2 million more were injured in motor vehicle accidents. Most individual who die in these crashes were not wearing their seat belts at the time of the crash: over half of all drivers and passengers who died in 2009 were not wearing their seat belts.

On average, seat belts lower your risk of death by 45%, and your risk of injury by 50%. Most notably, they protect drivers and passengers from vehicle ejection. In fact, if you are not wearing your seat belt, you are 30 times more likely to be ejected from a car in a crash.

Seat Belts and Injuries

There are, however, risks of abdominal and chest injuries from seat belts. It is important that you sit in the correct position and use your belt correctly to avoid needless injuries. Some people may argue against seat belts because of these injuries, there’s no doubt that the injuries would be much worse without the seat belts. In the event of an accident, a seat belt that works properly can still cause brush burns, bruising, and lacerations.

When terrible things like car accidents happen, we are often very stressed and worried. Even a safety mechanism like a seat belt can cause harm while still being effective and important. If you’ve been injured in a car accident, a personal injury lawyer Milwaukee WI trusts might advise you to seek compensation for all of your injuries, including those that result from using a seat belt.

Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into car accident and personal injury cases.

Personal Injury Settlements and Estate Planning

If you’ve won a personal injury settlement, this money could affect the value of your assets.

This money could be immensely beneficial for accident victims, as any experienced personal injury lawyer could attest, but it’s wise to understand how a settlement may affect your own estate.

What is estate planning?

Estate planning involves dividing your assets among your dependants. You have the ability to state which individuals should receive which assets, and when they should receive them. You can divide your assets between family members and close friends, or you could even leave your assets to a charity. Proper estate planning can help reduce (or even eliminate) certain state and/or federal taxes on your assets and income when you pass away.

Collecting Financial Documentation After an Accident

The typical personal injury settlement can account for many financial losses. An injured victim might end up collecting hundreds of thousands of dollars in a settlement, especially if he or she suffered disabling injuries. This can have a major impact on the individual’s personal income or assets. In order to document expenses and compensation, the individual may need to adjust certain documents to reflect their current state.These documents may include wills, documents pertaining to estate planning, and other paperwork that may be necessary in a legal setting.

It is important to be wary of over-reporting assets in this case. If expenses are not recognized accurately, the estate may be assessed at a higher value and therefore may receive higher federal estate taxes.

Federal and State Taxes and Estate Planning

Some federal estate taxes can be exempt, but there is a set limit for exemption. Once a settlement reaches the limit, the recipient may need to change their estate plans to comply with federal regulations. State estate taxes are not fixed — some states charges no property tax at all — so it’s important to know the laws in your own state. You could have to pay both types of taxes or only one.

Creating a Solid Investment Plan

After receiving a settlement, you may want to hire someone who can invest your money in a safe and effective fund. It’s important to work with someone who will make sure that you are able to pay for current expenses, while still keeping your award safe from unnecessary fees and taxes.

It may be very beneficial to your family and loved ones to plan out your estate thoroughly with an estate lawyer Sacramento trusts, especially if a personal injury award is involved. If you’re ready to take control of your assets, contact an estate planner today.

Thanks to our friends and contributors from Yee Law Group Inc. for their insight into estate planning after a personal injury.

“Does a Personal Injury Award Affect my Estate Planning?”

If you’ve recently received a settlement or won a case with the help of a personal injury lawyer, it may be time to update your estate planning. Because a settlement will often increase your net worth, it can make your estate planning more important than ever.
When people think of hiring an estate planning lawyer, they usually are thinking about a simple will. However, limiting yourself to a will can be a mistake.
In some states, probate is an expensive, court-supervised process, and the more assets that are involved, the more expenses and delays occur. In those situations, it makes sense to have an estate planning attorney draft a revocable living trust. A revocable living trust is a tool that removes your assets from the probate process, saving your loved ones many expenses and delays.
Should your injuries worsen over time and you become incapacitated, a revocable living trust will make management of your assets much easier. If you are unable to care for yourself, the successor trustee you appoint in your revocable living trust can manage your settlement proceeds on your behalf, and use them as necessary to pay for your care.
An estate planning attorney will also likely want to draft a medical power of attorney for you. The person you appoint in your medical power of attorney will make your medical decisions for you in the event your injuries progress to the point where you are unable to make your own decisions. This can help prevent ugly family fights regarding your medical care.
If your award is very large and increases your net worth over $5 Million, your estate planning lawyer will likely want to discuss planning for the federal estate tax. If you don’t plan for this tax, up to 40% of your assets could be lost to the government rather than being passed down to your loved ones.
Lastly, since your award may need to finance your care for the rest of your life, you may need to find an investment advisor. This can be very tricky, as many investment advisors seek to maximize their own commissions rather than provide the best advice. It is important to look for an advisor bound to a fiduciary standard, such as a Certified Financial Planner or fee-only advisor. A trusted estate planning lawyer can make a referral to such an advisor to make sure your award lasts for a lifetime of care.

Common Workers Compensation Claims for Construction Workers

Workers compensation refers to a type of insurance that helps employees receive compensation for injuries they sustain at their workplaces. The laws regarding workers compensation vary from one state to another. In most states, employers must have workers compensation insurance.

According to a 2009 report by the Centers for Disease Control, 9% of non-fatal injuries and illnesses are experienced in the construction sector. Let us look at the most common workers compensation claims that result from construction site accidents.

Slip and Fall Accidents

A slip and fall claim most often results from an employee who slips on a wet surface at the workplace. Some of these cases arise when individuals slip and fall on snowy or icy surfaces at the workplaces. Construction zones at least partially open and vulnerable to the elements. In winter or in the rainy season, workers may be more susceptible to slip and fall accidents which can cause serious injuries.

Overexertion

Employees involved in lifting, pulling or pushing heavy objects are likely to suffer from overexertion. When your muscles are stretched beyond their limit, or when a joint extends beyond its usual range, you are likely to suffer from severe injury. In some cases, overexertion requires a lengthy recovery time.

Machinery Accidents

Machinery accidents often occur when heavy and large machinery injures a worker by mutilating or crushing them. The costs associated with these injuries are immense. Many states have laws requiring employees to be specially trained before permitting them to use equipment. Employees should be educated on the use and maintenance of equipment in an effort to protect them from a serious or fatal injury.

Falling to Lower Levels

Falling to a lower level occurs when a construction worker falls from a ladder or a roof, or when they fall down stairs. These accidents can result in broken limbs and other long term injuries.

Liability for Accidents at Construction Worksites

In a third-party construction injury, liability rests on the general contractor, subcontractor, site owner, the manufacturer of defective equipment, and other third parties who might have contributed to the accident or injury because of gross misconduct or negligence.

The level of control that contractors and construction site owners exercise over the premises and the work that is being done will determine to what extent they are responsible for a construction worker’s injury. If they are held even partially liable, they may be at least partly responsible in paying workers comp benefits such as death benefits, medical expenses, rehabilitation services, and lost wages.

According to the rules set out by the Occupational Safety and Health Administration, contractors must provide a safe work environment to construction workers. Furthermore, contractors are required to warn workers if there are any dangers inherent in a particular task. Equipment manufacturers also have a duty to provide machinery that is not defective and that has sufficient labeling instructions on how to operate or use equipment safely.

If you have been injured while working on a construction site, a qualified workers compensation lawyer Queens, NY trusts can help you determine who is liable for your damages. He or she can also help you obtain maximum compensation for your accident related losses.

Thanks to my friends and contributors from Polsky, Shouldice & Rosen, pc for their insight into personal injury and workers compensation claims.

Can a court mandate funds set aside in a Trust be used to pay a personal injury judgment or settlement?

The short answer is MAYBE.

In most personal injury cases (i.e. – car accident cases), the person at fault often is insured, and any settlement or judgment in the case gets paid by the insurance company. But sometimes there is no insurance to pay a judgment or settlement, and other times the insurance policy has a maximum pay-out that doesn’t cover the entire amount owed. In those instances, it’s good to know what your options are for getting the money you’re entitled to.

Many people think getting a judgment or agreeing to a settlement is the same thing as getting money when that’s not the case. Both a judgment and an agreed settlement order in personal injury lawsuits (or most lawsuits) are enforceable court orders that often mandate that the Defendant pay a certain sum of money to the plaintiff, but Defendants aren’t always quick to pay the money they owe. In those cases, it’s important to understand what you can do to make sure you get the money you’re owed.

If you’re the victim of a personal injury and you find yourself with a settlement or judgment, collecting on that judgment or settlement can be tricky and it would be best if you consulted with a Chicago collection attorney for specific advice. An entire separate blog post (or several) can be written on the various methods of collecting on a judgment, but the most relevant ones for our purposes are as follows:

1) Citation to Discover Assets

This is a post-judgment proceeding in which the judgment debtor is ordered to appear in court, get sworn under oath, and answer very probing and personal questions about his/her finances, assets, and anything else that can lead to information on sources to pay the outstanding personal injury judgment. Ordinarily, judgment debtors are also required to bring in hard copies of requested documents to Citations to Discover Assets hearings as well – things such as tax returns, pay stubs, etc. It’s through this judgment collection method that you are likely to discover that the Defendant has a Trust that could potentially be used to satisfy the judgment.

2) Citation to Discover Assets to a Third Party

This is a proceeding you can use to discover whether a third party is in possession of property or money belonging to the judgment debtor, and then request the court to order that it be turned over to you. This is most commonly used against banks where the debtor is believed to have accounts.

Assuming that you learn that the Defendant from your personal injury lawsuit has a Trust with funds in it that can satisfy your outstanding judgment or settlement – can you get a court to order that such funds be turned over to you?  ANSWER: It depends on the type of trust.

Revocable Living Trusts are one of the most common types of trusts due to their ability to save families the expense and hassle of probate after a person’s death, but they are also a trust that creditors (such as people with personal injury judgments) can get to. The reason is that although revocable living trusts are considered legal entities, the person who owns the trust often names him/herself as the trustee, keeping complete control over the trust assets, and the trust is revocable – which means he/she can revoke it at any time (once again putting the trust’s assets in his/her name). In other words, the money or property in a revocable trust is always in the control of the trustee, so creditors are able to get to it.

In contrast, money that’s in irrevocable trusts, those that are not controlled by the judgment debtor and cannot be revoked, is generally unavailable to judgment creditors. Some people even go as far as to create complex trusts with a trustee located overseas or offshore, or set up limited liability companies for the purpose of protecting their trust assets.