Accident Info

Do You Know What To Do In the Event Of an Auto Accident?

admin — Tue, 20 Mar 2012 22:38:31 +0000

Automobiles are far safer than they were just twenty years ago; yet automobile accidents are still a fairly common occurrence. Recently, distracted driving has been one of the more cited reasons for causing accidents, and texting while driving and cell phone use have been prominent subcategories of distracted driving. Despite campaigns to make drivers aware, driving under the influence is still a common cause of auto and motorcycle accidents, especially around holidays and weekends. Finally, drivers who do not maintain their cars regularly can undermine the new safety features that have been recently introduced in low and mid-range vehicles, which can lead to accidents as well.
Since there is always a chance that you might be involved in an auto accident, it’s important for you to know the best steps to take if one occurs:
- First and foremost, make sure that everyone in the accident, including yourself, is getting the medical care that you might need on the scene. Call 911 if needed.
- If the damage to any vehicle is more than $500, or if fault needs to be determined, call the police. The police will file an accident report and will provide an official record of the incident.
- If possible, take pictures of the accident scene and damaged vehicles.
- Document as much as you can at the accident scene including location, time, traffic conditions, weather, etc. Make sure to make notes about any conversations with the other drivers and note their demeanor.
- Exchange driver’s license, license plate, and insurance information with the other drivers involved in the accident.

When it comes to optimizing your protection, hiring an auto accident attorney like The Clement Firm, The King Law Firm, Barker, Rodems & Cook, P.A., and Berenson & Associates, PC can be your best move. Whether you or another driver are at fault, an auto accident attorney can make sure that your interests are protected so you either get the compensation that you deserve or you that you don’t have to pay the penalties that you shouldn’t have to. Make sure that you have the phone number of a trusted attorney on hand in case you need it.

Driving Distractions: Recognizing Risks and Finding Solutions

admin — Thu, 09 Feb 2012 18:06:02 +0000

Driving distractions cause most auto accidents and near-accidents. According to a 2011 study by the National Highway Traffic Safety Administration, distraction-related accidents account for 80% of car accidents annually, and 65% of near-accidents, in which a driver narrowly avoids a crash by last-minute action. If you are the victim of a distraction-related accident, contacting helpful attorneys like Barker, Rodems, & Cook, P.A, and The Clement Firm can be extremely beneficial in recouping the many expenses of an auto accident.

Drivers can be distracted by many factors. Anything that takes a driver’s hands off the wheel and eyes off the road can cause a potentially fatal accident. Typical driver distractions include:

o Being on the phone while driving
o Texting while driving
o Reaching for objects in the car
o Looking at objects or situations outside the car
o Reading
o Eating
o Applying makeup or other grooming tasks

Of these distractions, cell phone use and texting account for the highest number of crashes and near-misses. The NHTSA study notes that simply dialing the phone doubles the risk of a cell phone-related accident, and talking on the phone makes a driver 1.3 times more likely to have an accident than a non-distracted driver.

Although cell phone conversations raise accident risks, texting while driving poses the greatest risk of distraction. The highest risk of a distraction-related accident is linked to texting – 23 times higher than that of a non- texting driver. And while distractions can plague drivers of all ages, teen drivers are most at risk.

Since cell phones and other devices have become increasingly indispensable to modern life, the risk of distraction-related accidents is likely to remain high, and many cities have instituted public service programs to raise awareness of driving distractions, and enacted laws to eliminate the worst offenders. Bans on cell phone use while driving carry stiff penalties, and special restrictions on cell phones pertaining to teen drivers, especially new ones, aim to reduce the risk of potentially fatal crashes in that age group.

However, the most obvious solution for reducing distraction-related accidents is to educate drivers about the dangers of distractions and to take active steps to remove them: don’t text, take or make phone calls while driving, wait until the vehicle is stopped to eat or do other tasks, and keep attention focused on the road while you’re behind the wheel.

Auto Accidents that Require Legal Representation

admin — Thu, 05 May 2011 16:17:16 +0000

Car accidents are certainly not all the same. You generally hear about fender benders on the interstate in the mornings during your commute. Unfortunately accidents do happen, but when car accidents happen as a result of reckless and negligent behavior, you may have a legal case.

While there are no guarantees to compensation, after an auto accident you’ll want to contact an Albuquerque auto accident lawyer to review your case. If your accident was a result of recklessness, you may have a legal case. Here are some examples of reckless or negligent behavior that can cause car accidents:

Speeding

While most people never admit to it, virtually everyone has sped at some point in time while driving. A “harmless” five miles over the speed limit may not seem like a big deal, but this reckless behavior can have serious consequences if it causes an auto accident. If you were injured in an accident that was determined to be the result of speeding and reckless driving, contact an Albuquerque or Santa Fe personal injury attorney. They can review your case and may be able to seek compensation for any injuries sustained due to this reckless driving.

Cell Phones

Cell phone distractions are becoming commonplace in American society. It seems everyone is always talking or texting while driving. Any use of a cell phone without a hands free device is illegal in Albuquerque and Santa Fe and is negligent behavior. While fender benders during rush hour happen, if they are the result of someone being distracted by their cell phone, this reckless behavior may be cause to seek legal representation. If you were injured in a car accident by someone using their cell phone in Albuquerque or Santa Fe, personal injury lawyers can represent you in the event of possible legal action against the reckless driver.

Driving Under the Influence

Unfortunately, driving under the influence is an epidemic in New Mexico. Despite tough DUI laws, these accidents happen frequently and with tragic results. Albuquerque and Santa Fe personal injury attorneys can represent you if you’ve been injured as a result of a DUI car accident. DUI is one of the most extreme examples of recklessness and negligence and if you’ve been injured in one of these accidents, a personal injury attorney can review your case and may be able to seek legal compensation on your behalf for medical bills and pain and suffering.

No single auto accident is like any other. With some accidents, there is no legal recourse because some auto accidents are just that. But if further investigation reveals the accident was a result of someone else’s recklessness and negligence, an Albuquerque auto accident lawyer can represent your interest and try to win compensation for your injuries, medical bills, and pain and suffering.

Steps To Take Following a Car Accident

admin — Thu, 05 May 2011 16:07:09 +0000

An unfortunate reality in life is that everyone, at some point, is involved in an auto accident. Those first moments after an accident are crucial to your health and well-being. Unfortunately, after an accident everyone involved is probably not thinking as clearly as they should. This blog post will provide a basic list of steps you should take after an auto accident.

After being involved in an accident, your adrenaline will be racing and your nerves will be frayed. The following tips are some common sense tips, but also wise advice to keep in mind following an accident:

Safety First

: Stop your vehicle. If at all possible, move your vehicle out of traffic lanes and to the side of the road. When your vehicle is secure, check for injuries among yourself and passengers. If you or any passengers are injured, do not move. Dial 911 immediately and wait for an ambulance. If you are uninjured and it is safe to do so, check on the other driver(s) and again dial 911 if there are any injuries.
Exchange Information

: You’ll want to call the police for a police report, but before they arrive, you’ll also want to exchange information with the other driver. Albuquerque and Santa Fe car accident attorneys may recommend you exchange the following information: full name, address, phone number, insurance information (including company, policy number, and expiration date), driver’s license number, license plate number, and the make, model, and year of the other person’s vehicle.
Take Notes

: If later you must contact an Albuquerque personal injury attorney as a result of your accident, you’ll want pictures, notes, and contact information for witnesses. This can help an attorney determine what kind of case you may have by being able to look at some of the initial evidence.
Inform Your Insurance Company:

Your insurance company will look at your accident claim and communicate with the other driver’s insurance company. Insurance companies will generally offer you a sum of money for repairs and medical expenses. Before you settle, contact an Albuquerque or Santa Fe personal injury lawyer to review the facts of your case and ensure you’re getting a fair settlement to help you get your life back on track.

The actions you take after an auto accident are crucial. You want to ensure your safety and get immediate medical attention for any injuries. After the accident, it can take time to get your life back on track and you may need the assistance of a Santa Fe or Albuquerque personal injury lawyer to help you seek any possible compensation you may be entitled to.

SUV Rollover Information

admin — Fri, 29 Apr 2011 22:33:02 +0000

Due to their rugged construction, size and versatility, SUVs are often a popular choice for families and adventure seekers across the country. Unfortunately, many have a false sense of security in such vehicles—not realizing that SUVs are more likely than any other vehicle to be involved in serious rollover accidents.

While rollovers are the least common type of auto accident, they are responsible for about thirty percent of all traffic fatalities. That means, when rollovers happen they are most likely to be deadly.

Rollovers can happen for many reasons, including driver inattention or error, manufacturer defects, emergency maneuvering and hitting loose soil or gravel unexpectedly. With a high center of gravity and narrow wheel track, some believe the vulnerability of SUVs to rollover is inherent in their design.

Albuquerque SUV rollover lawyers can help you determine the root cause of your, or a loved one’s, accident and help you hold the accountable party responsible for their negligence. If it turns out that a manufacturer is ultimately responsible for your rollover accident, a good personal injury attorney in Albuquerque, Chicago or anywhere else in the country should have the skill and resources to take on large corporations and fight for justice on your behalf.

If you or a loved one has been involved in a serious rollover accident, contact an experienced personal injury attorney near you as soon as possible. An experienced SUV rollover should be able to help you recover the money you need for medical and living expenses incurred as a result of your injury.

Common Symptoms of Brain Injury

admin — Fri, 29 Apr 2011 22:30:16 +0000

Brain injury occurs whenever the brain sustains trauma through direct force (i.e., making contact with an object) or indirect force (i.e., whiplash). Since traumatic brain injury can vary in degree and in the symptoms that it presents, diagnosis can be difficult.

Commons symptoms of traumatic brain injury include things like:

Headaches
Neck pain
Poor memory
Slow thinking
Difficulty finding words
Difficulty concentrating
Easily confused
Fatigue
Nausea

It is important to see a medical doctor as soon as possible after a head injury so that traumatic brain injury can be discovered and treated early on. Seeking medical attention also ensures clear documentation so that you can link your injury to a specific accident should you need to seek legal damages in the future.

Traumatic brain injury can change a person’s life forever—affecting an individual’s personality and the way he or she relates to other people. If you or a loved one has sustained a traumatic brain injury as the result of another person’s negligence, contact a personal injury attorney. Brain injury attorneys can be effective advocates for injured victims and help you fight for the maximum compensation to which you may be entitled under the law.

What to do When You’ve been Involved in a Slip and Fall Accident

Jen — Wed, 05 Aug 2009 20:48:44 +0000

Falling is a normal part of living in a world with gravity and accounts for millions of injuries every year. When a person is injured in a slip or trip and fall accident on someone else’s property, he or she may be entitled to seek damages. Common damages that injured slip and fall victims may seek to recover include:

Medical bills
Rehabilitation expenses
Prescription drug costs
Time missed from work
Affect on ability to earn an income
Pain and suffering

Only an experienced attorney can tell you exactly what damages you are eligible to seek compensation for after thoroughly evaluating your case. A thorough evaluation includes an investigation of the accident scene, collection of evidence, tracking down witnesses and securing expert testimony as to the dangerous conditions present at the accident scene.

Keep in mind that just because you fall on someone else’s property does not mean that you can automatically seek to recover damages for your injury; you must be able to prove that a property owner was aware of a hazardous surface condition, had time to address the problem and did not take the appropriate action to correct the problem or properly warn people of the hazardous area. This is not always easy to prove; hiring an experienced attorney can greatly increase your chances of receiving the money you need to recover from a slip and fall accident.

If you or a loved one has been involved in a slip or trip and fall accident, it’s important to take proactive measures to ensure your chances of a successful case. Below are some actions you may want to take after being involved in a slip and fall accident:

Seek Medical Attention

It is a good idea to see a medical doctor soon after a slip and fall accident so that you can be made aware of the extent of your injuries and get the care you need. A doctor can not only diagnose and treat your injury, but make you aware of how your injury may affect your life.

Take Pictures

It is important to take pictures of the accident scene as soon as possible after the accident. Pictures should be taken from a variety of angles and distances to properly document the accident scene. Failure to take pictures promptly after the accident can make it difficult to prove that hazardous conditions ever existed as property owners can clean up or fix the problem before you get a chance to document the problem.

Get Witness Contact Information

If anyone witnessed your slip and fall accident, it is important to write down their name, address and phone number so that you can contact them in the future if such testimony is necessary for proving a property owner’s fault.

Report the Accident

If your accident occurred at a retail store or place of business, be sure to alert the manager of your accident before you leave the store. It is important to have documentation of your accident immediately after it happens.

If you or a loved one has been involved in a slip or trip and fall accident, be sure to contact an experienced slip and fall attorney for the advice and legal representation you need to pursue a successful case against a negligent property owner.

When to Hire a Car Accident Attorney

admin — Tue, 21 Jul 2009 20:24:37 +0000

Car accidents are a daily occurrence in the U.S. and affect millions of Americans every year. While minor fender benders or accidents resulting in damages less than $500 probably do not warrant the help of a car accident attorney to recover losses, you will want to think about utilizing the expertise of an accident lawyer if you are offered little or no compensation for your damages, if your damages are significant, or if you have been part of a personal injury accident.

If you are involved in a car accident where you sustain personal injury or significant damages to your vehicle, you will want to seriously consider hiring a car accident lawyer. An auto accident lawyer can help you recover losses by negotiating with insurance claims adjustors and/or taking your case to court. While you may choose to negotiate with an insurance claims adjustor yourself, remember that claims adjustors are trained to settle your claim for as little money as possible. Also, once you accept money from an insurance company, your claim is settled and there is little an attorney can do at that point to recover more money if your injuries are more extensive than you originally thought.

Keep in mind that insurance claims adjustors record conversations and try to establish liability and limit damages. A car accident lawyer is experienced in negotiating with insurance companies; therefore, it is best to consult a car accident lawyer early to avoid financially painful mistakes. Also, people who utilize a car accident lawyer typically receive higher settlements than people who negotiate their own claims—even after paying legal expenses.

Paying an attorney is a concern that many car accident victims worry about. Most attorneys will take car accident cases on a contingency fee basis. That means that you do not have to pay the attorney upfront as the attorney will receive a percentage of the money they recover for you—usually 1/3 of the amount awarded to you. This provides accident lawyers with tremendous motivation to be an effective advocate for you in the settlement of your insurance claim or car accident case. It is important to be aware that contingency fees do not cover costs of litigation and you will be responsible to pay your car accident attorney for things including, but not limited to copies, expert witness expenses, filing costs, and court reporter fees for depositions.

It is important to contact a car accident lawyer soon after your auto accident so they can speak to your insurance company on your behalf, protect your rights, and inform you of the options you have to receive the money entitled to you for your damages and/or injuries. Also, you may need money to pay medical bills and cover lost wages—the sooner you contact an attorney, the sooner you can financially recover from your car accident. Contacting a car accident attorney promptly after an accident will also help you avoid missing out on just compensation due to statutes of limitations, or deadlines (which vary from state to state), that prevent you from making a claim. It is, therefore, in your best interest to contact a car accident attorney sooner than later so they can help you obtain the recovery you are entitled to.

When You’re involved in a Car Accident with an Uninsured or Underinsured Motorist

admin — Tue, 21 Jul 2009 20:23:55 +0000

While most states require a minimum amount of liability insurance to be carried by motorists, the Insurance Research Council’s most recent report of uninsured motorists (2001) estimates that 14 percent of the motorists in the U.S. do not carry auto accident insurance. That means that if you are involved in a car accident, there is a 1 in 7 chance that the at-fault driver is uninsured. And this does not take into account the extreme disparity between states which may make your chances of being involved in an accident with an uninsured motorist much more likely in one state than another.

Even if you carry auto accident insurance, recovering the damages from a car accident can be difficult if the person who caused your injury and/or damages does not carry liability insurance, or is underinsured and, therefore, cannot cover the full cost of damages you sustained. In most cases, a driver is uninsured for economic reasons. That is, they do not carry auto accident insurance because they do not have the financial resources to do so. This being most often the case, if you seek to pursue legal action against the uninsured motorist for your damages and/or injuries, even if your case is successful, you may still be responsible for covering your accident related expenses if the uninsured motorist does not have the financial means to compensate you.

If the motorist who caused the accident you were involved in does not carry auto accident insurance, it is not impossible for you to recover damages. Many insurance carriers offer uninsured motorist coverage. In some states, this coverage is mandatory. This coverage allows you to collect damages from your insurance company in the event that you are hit by an uninsured or underinsured motorist. It is important to contact an experienced accident attorney soon after a car accident as he or she may know about some coverage that you are unaware of.

Sometimes, you may be able to pursue legal action against your own insurance company for damages caused by an uninsured motorist. Contacting an accident attorney with experience handling uninsured motorist car accident claims may help you receive fair compensation if you are involved in a car accident with an uninsured motorist. An experienced car accident lawyer will know how to read your insurance policy and determine the right course of action to help you receive the recovery you are entitled to.

Being involved in a car accident is something you are never quite ready for; however, it is something that you can prepare for. First, check your insurance policy to see if you are covered for uninsured motorist accidents. If you are not, ask your insurance carrier for information about purchasing this coverage. Be sure to receive the terms of the insurance agreement in writing.

Another way to be prepared for a car accident with an uninsured driver is to know what steps you should take after a car accident (see What to Expect when You are in a Car Accident). Be sure to document as much information about the person you had the accident with as possible so that you can contact them later. Also, if they have an expired insurance policy, be sure to write down the insurance carrier’s information so you can contact them to be certain that the person’s insurance is indeed cancelled.

Finally, be sure to choose a car accident attorney with expertise handling your type of claim (see How to Choose a Car Accident Lawyer). An experienced car accident attorney may be able to help you recover damages if you are involved in an accident with an uninsured driver.

Understanding Statutes of Limitations

admin — Tue, 21 Jul 2009 20:23:08 +0000

We live in a world of deadlines. We need to pay our bills, submit offers and complete work by certain dates or we forfeit our right to receive the benefit of accomplishing these tasks on time. Sometimes a late response can cost us additional money and sometimes a late response can cost us an opportunity. While deadlines tend to cause stress in our day-to-day lives, without deadlines we would see very little closure in our lives. Regardless of whether a deadline is met or missed, deadlines provide us with an opportunity to move on in life. The same is true when you are involved in an accident.

When you are involved in an accident and want to pursue an accident claim, time is of the essence. Just like many other areas in our lives, there are deadlines you must meet to file an accident claim. The maximum amount of time you have to file a claim is known as a statute of limitations. Statutes of limitation vary for different lawsuits and in different states. An accident lawyer will be able to advise you and help you file your claim in a timely manner.

Failing to file a claim within the time period allotted for your lawsuit may terminate your right to recover damages if someone else is liable for your accident or injuries. Therefore, if you are pursuing an accident claim, it is important to seek the advice of an experienced accident lawyer soon after your accident so you can file your claim before the statute of limitations runs out.

Statutes of limitations usually begin immediately after the incident occurs; however, in some instances, the statute of limitations does not begin until the plaintiff knows or should have known about the negligence or fault of another party. In instances where a person has a delay in discovering the harm or negligence, statutes of limitations can be tolled, or extended.

Statutes of limitations are also tolled for minors. If a minor experiences an incident that causes them injury or harm, the minor will have a chance to pursue legal action when they turn 18.

If you experienced an accident that caused you personal injury or significant damages, always seek the legal advice of an accident lawyer immediately so you do not risk losing your right to fair compensation due to the passing of time.