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Tag: car accident lawyer

What are common traffic ticket defense strategies?

Depending on the nature and gravity of the traffic ticket you have been charged with, a lawyer will recommend one or more defense strategies. As a traffic ticket lawyer from a firm like the Law Offices of Mark T. Hurt may tell you, the optimum scenario will result in a dismissal of the ticket or tickets. However, in more extreme cases, such as if someone was alleged to have been hurt because of your actions, a plea bargain to a lesser charge is more likely than a complete dismissal. With a seasoned traffic ticket lawyer by your side, the outcome will depend in large part on the severity and complexity of the charges and your alleged role in the incident.

Here are some of the most common legal defenses used by a defense lawyer in traffic ticket court:

  •         The police officer who issued the ticket failed to make an appearance in traffic court. In addition to failing to appear, they did not notify the court in advance. Though this scenario does not occur often, it does happen, and your speeding ticket lawyer may be able to use this as a valid reason for having your ticket dismissed or reduced.
  •         The traffic camera or radar gun that was used to determine you were speeding is considered invalid. For example, your lawyer may be able to present proof based on the police department’s maintenance logs that the device was not calibrated recently as required and therefore cannot be considered accurate. Many radar guns are found to be inaccurate due to malfunctioning, misuse by the police officer, not calibrated within the required time period prior to use, or some other valid reason. Your lawyer will use every legal means possible to vigorously defend you in traffic court.
  •         You win the court’s judgement in a trial by declaration. Otherwise known as a trial by mail, in some states you have the right to choose this option rather than appear in court. The process involves you submitting a letter to the Court that explains why you are innocent of the charge against you. In response, the police officer who charged you must do the same. Because many police officers are overworked and too busy to bother with the additional paperwork, they may neglect to respond. In that scenario, you will probably get your ticket dismissed. Talk to your lawyer about whether or not this strategy may work in your case.
  •         An error was made in the issuance of your traffic ticket. If there is a mistake regarding your ticket, such as the road you were on had been misidentified, this may be cause for having your ticket dismissed. A minor mistake may not qualify, but carefully review the ticket to be certain that the information provided is completely accurate. Your lawyer can determine if any mistakes are potentially cause for dismissal.

If you were issued a ticket and would like to fight it, call an experienced traffic ticket lawyer today.

What to Do After a Rideshare Accident

Car Accident Lawyer

As rideshares like Uber become more popular so do accidents involving Uber drivers. If you were in an accident with a rideshare driver, what should you do? The truth is that the steps you take are similar to what you would do in any other accident.

Visit a Medical Professional

After any accident, regardless of who the other driver is, you should see a medical professional. Not everyone needs to go to the hospital directly from the scene of the wreck. While it is smart to call the paramedics, no matter your physical state, you may not have to go to the hospital right away.

If you do not go to the emergency room right away, it is crucial that you look for signs and symptoms of serious injuries. Some injuries may show symptoms later. You may not experience pain or discomfort for hours or days. For instance, whiplash, spinal injuries and head injuries may not reveal themselves right away. If you have headaches, muscle pain or any other discomfort caused by the crash, you should see a doctor right away.

Odds are you will see an emergency doctor. He or she may send you to see a specialist afterwards. You can set up an appointment with your primary care physician, but there is a risk that he or she won’t see you. Not all doctors are willing to testify in court and may not want to deal with your insurance company. Make sure to keep record of your injuries and all treatment costs associated with your injury.

File a Report

If the other driver worked for a rideshare company like Uber, you have to file a report. Rideshare companies provide forms on their website to report an accident. Once you do this, you will most likely hear from the insurance company. If you are worried about the insurance company’s phone calls, you may want to speak to a lawyer in advance. He or she can advise you on what to and what not to say to the insurer. A mistake in what you say could lead to a lesser settlement.

If you were in a wreck with an Uber driver, you may have a claim if the driver was at fault. When it comes to rideshare companies, you may be able to file a lawsuit against the company too. It depends on the nature of the accident. To determine who you should file suit against, consult with a car accident lawyer, like from Davis & Brusca, as soon as possible.

How to Handle a Drunk Driving Claim

Car Accident Lawyer

After an accident with a drunk driver, it’s normal to ask whether the claims process would be different if you were in an accident with a sober driver. Some of the basic steps are the same, no matter the reason for the accident. It can be a more complicated process, though.

When to File the Claim

In most cases, it is advisable to file the claim right away. In a drunk driving case, however, it is more common to wait to see if criminal charges are pending. If the other driver has criminal DUI charges pending, you can wait until after the conviction. The reason you want to wait until after the conviction is that their conviction is going to be proof of your case and it will be easier for you to win your settlement.

How to Handle Insurance Companies

Often, insurance companies will pay up to the policy amount if their policyholder drove while drunk. Once the claim is over, the company will typically cancel the policy or raise the premiums. While damages to the drunk driver’s vehicle do not usually get paid by their insurance if they were driving while intoxicated, their liability policy may pay for you, your car’s damages, and medical bills.

While an insurance company will rarely reject you if their driver was intoxicated, you still do not want to accept the first offer. The insurance company wants to settle as quickly as possible and will often offer you less than the policy amount. Do not accept any settlement right away. If you’re unsure about whether you should accept an offer, then you need to discuss the terms with your lawyer. He or she can gauge whether it is a fair settlement or if you need to continue negotiations.

Why Hire an Attorney

Whenever you choose to file a drunk driving claim, you may want to hire an attorney. Drunk driving cases can be complicated when you deserve more compensation than the insurance policy provides. You may even want to use specialty laws for a DUI. For instance, in some cases, you can file a claim against a bar who served the drunk driver.

If you were hit by a drunk driver, you have every right to file a claim against the other driver. It is important to remember that most car accident claims can become complicated and you may need assistance receiving the settlement that you deserve. Consult with a lawyer, like a car accident lawyer from Ward & Ward Law Firm, for questions about your claim.

Hire a Attorney After a Car Accident

Car Accident Lawyer

Every time you get behind the wheel, you’re taking a risk. You may not think of it that way because you almost always arrive at your destination without incident. However, the possibility of getting into an accident is real. If you’re on the wrong end of a car collision and you suffer injuries, you need to take the right steps to protect your health, rights, and finances. In some situations, it may be best to hire an attorney to advise you.

First Thing’s First

In the immediate aftermath of a car accident, be sensible and keep your emotions under control. Do not admit fault or place blame. Call the police and calmly exchange insurance and contact information with the other party. Once police officers arrive, give your account of what happened. Be accurate and honest. Let the officers do their job as they investigate the scene and fill out a report. In the meantime, you can take photos of the accident and speak with eyewitnesses to get their view of what caused the wreck. You should then call your insurance company to file a claim. If the accident wasn’t your fault, call the other driver’s insurance company to report the incident.

Next Seek Medical Care

Before you consider taking legal action, let a medical professional examine your injuries. If they are severe, you should go directly to the emergency room from the accident scene. You can take care of the insurance steps later. If the injuries are minor or moderate, go to an urgent care center or to your family doctor’s office. Don’t ignore your symptoms and pass them off as inconsequential. Some injuries won’t manifest for a couple of days. Let a qualified physician check your vitals signs and assess your health. Once you’ve taken this step, it’s time to speak to an attorney. Don’t wait too long, though. Most states require that you file a personal injury lawsuit within a year of the accident.

Signs That You Need a Lawyer

Not all car accidents warrant a personal injury lawsuit. There are times, however, when this makes sense. If your insurance company and the other driver’s provider are being difficult to work with or denying your claim, you should involve your attorney. If the other driver is at fault but denies responsibility, you should get legal help to intervene. Also, if your injuries are severe, resulting in mounting medical costs and lost time at work, you should consider filing a lawsuit. You could get compensation for your financial responsibilities.

Follow these guidelines as you consider whether to make a personal injury claim. Speak to a car accident lawyer, as soon after your accident as possible.

 

 

 

Ways to Pay Your Medical Bills After a Automobile Accident

Car Accident Lawyer

Depending on the severity of a car accident, your injuries can span the gamut from minor to severe. For significant injuries, you will need medical attention and possible rehabilitation, but how do you pay for it.? Not everyone has adequate insurance or the finances to cover hospital costs, but there are ways to get the treatment you need.

Personal Insurance Coverage

If you have auto insurance or individual health insurance, it is possible to receive the care you need without having to pay much out of pocket. However, if you are looking to recover any losses through a lawsuit, then your health insurance provider will probably want to get paid back too. 

PIP

Personal injury protection is usually covered through many auto insurance policies. If you have PIP coverage, then you can use the funds to help cover some of your expenses, but you do not get to pick what it pays for. 

Medicare or Medicaid

The government insurance programs, Medicare and Medicaid, will cover you in the event of a car accident. However, before you can use your policy for any medical coverage, it requires you to use any existing PIP coverage you have. Once the funds from the PIP policy are exhausted, your Medicare or Medicaid plans will kick in.

Loan

You may find luck with a conventional loan for your medical treatments. Some lenders will provide funding for costs, but the interest rates in these loan programs may be significant, so be careful.

Family and Friends

If you are in dire need of funds, you can look to your loved ones for help. Maybe you have family or friends who can front you the money and agree to repayment over time.

Personal Savings

If you are lucky enough to have a personal savings account, then you may want to dig into what you have. While it’s difficult to spend your savings, if you are suing the at-fault driver, then you can recover your money.

Attorney Liens

If you have no alternative sources of income, you can request an attorney lien. Attorney liens are promises from your attorney to the hospital or medical center where you receive treatment. The promise is that the medical center will receive payment first from any settlement or award for your case before they release the funds to you.

While a car accident injury is frustrating, and it’s challenging to find the funding to cover medical costs, there are several ways for you to get the treatment you need. Contact a local car accident lawyer, for help.

 

 

What is a Free Consultation?

Car Accident Lawyer

I’m sure you have seen lawyer advertisements offering a “free consultation”. It is quite common for lawyers to do this, especially for personal injury or wrongful death cases.  A free consultation should be exactly what it says – an opportunity for you to meet with the lawyer free of charge, explain the facts of your case, answer the lawyer’s questions, and ask whatever questions you might have. After the meeting, the lawyer and client can decide whether there is a case worth pursuing.

 I have always believed these meetings are of critical importance to both the client and the attorney. It gives the lawyer an opportunity to meet the client, evaluate the facts, and determine whether the lawyer wants to take the case. There are many factors that weigh into this decision, such as the extent of the injuries, the circumstances surrounding the negligence, the credibility of the client, and whether he or she will make a good witness if the case proceeds to trial.  When a lawyer takes a case, he should be sure he is willing to take the case all the way to trial, if necessary. These decisions can usually be made at the initial consultation.

Perhaps more importantly, this consultation is an opportunity for you to interview the lawyer and decide if he or she is someone you want handling your case. Of course, you want someone who is experienced and will aggressively pursue your claim. There is no substitute for someone who has been there and knows what he is doing. However, it is also important that you trust your lawyer. Keep in mind that you will be working closely together as the claim proceeds. Do you feel comfortable being completely open with this lawyer and do you trust he will maintain client confidentiality?  Will the lawyer be available to speak with you and answer your questions as the case moves forward? Unfortunately, some lawyers rarely speak to their clients after the initial consultation. You need to be sure your lawyer treats you with respect and candor, and maintains an open line of communication with you throughout your entire case. The dynamics of a case often change as new facts are discovered and depositions are taken. You will need to be advised of new developments as they occur. 

Make sure you take full advantage of the free consultation. Be sure to truthfully answer the lawyer’s questions, but also make sure to ask your own questions. Ask the lawyer to describe his experience. Has he had any cases similar to yours? Find out if the lawyer believes in open and continuing communication. How often will the lawyer update you on the status of your case? Will he be available to take your calls if you have questions or will he just pass you off to his staff every time you call?  By the time the consultation ends, you should have a good feel for whether the attorney is someone you want handling your case. Trust your instincts. If you don’t feel comfortable, go meet with another lawyer until you find the right fit for you. Remember, the consultation is free, whether you end up hiring the lawyer or not.

Call Jeff Murphy Law, an auto accident lawyer, today for a free consultation regarding your injury claim. 

Thank you to Jeff Murphy Law, for their input into legal settlements in Florida.