AUTO ACCIDENTS

When people are injured in car accidents it can be devastating to their lives and to their families. Many people lose their vehicles and are not able to work. Bills pile up and people run the risk of losing their possessions and their good credit history. When a family member is killed in an accident it can cause financial and emotional trauma.

Don’t allow someone else’s negligence to impact your life. If you are involved in an accident with a drunk driver, an uninsured motorist, or an underinsured motorist protect your rights and hire an experienced attorney.

Arkansas State Police reported 63,137 total motor vehicle crashes on our roads in 2008 alone. Over 24,000 people reported some type of injury as a result of those accidents. Not surprising, Little Rock had the highest number of crashes at 6,399, a distant second with 3,671 was Fort Smith. In 2008, Arkansas motorcycle riders were involved in 1,913 crashes resulting in 1,655 non-fatal injuries. The Crash Statistics report can be viewed in its entirety by downloading it here.

Taylor King & Associates personal injury lawyers are experienced Arkansas car accident lawyers. We have been representing people involved in car accidents for many years. We are “On your side – by your side.”

The county is still reeling from last week’s massacre in Denver, Colorado where 12 people at a movie premier lost their lives, and another 58 were injured. This was a senseless mass killing with powerful hand guns and assault rifles which people are still trying to come to terms with. The conversation surrounding gun violence and gun control is complex and heated, but statistics do not lie: 

  • 1.69 million children below the age of 18 live in homes where firearms are unsecured.
  • In youth suicides, 75% of the guns used were obtained through a relative or friend who kept the weapon at home.
  • 65% of weapons used in school shootings were guns got from their own homes or that of a relative.
  • 90% of accidental shootings take place at home.
  • Across the country, nearly 10,000 children are treated in emergency rooms each year for injuries cause by unintentional shootings involving guns of all varieties. These include play guns such as bb guns and dart guns.


Gun owners have a 2nd Amendment protection to bear arms, but they also have a responsibility to ensure that their firearms are stored securely so that they cannot be accessed by children. Some preventative suggestions:

  • Keep guns locked in a safe
  • Store ammunition and guns in separate places; never store a loaded gun
  • Use trigger locks to prevent accidentally firing the weapon 


To Children, Weapons Look Like Toys 
Children, because of their naturally inquisitive nature, are particularly at risk for gun-related deaths or injuries. Because many children are accustomed to playing with toy guns they sometimes find it difficult to distinguish between a toy and the real thing. They should not have access to this weapon but someone who is responsible in the house should because this weapon can save lives and protect a family. Ironically, this shooting occurred at the latest Batman movie and in this movie it shows why households should have weapons because there may be a time when the police are not around. Which is what occurs in this spectacular film.


Who is At Fault in a Tragedy?
In many states child access protection (CAP) laws are in place which levies criminal liability on a gun owner who fails to store his/her firearm securely. Nonetheless accidental shootings do take place because of carelessly stored weapons, for which a victim can seek redress against the owner of the gun involved in the shooting through a civil lawsuit.



Culpability
Accidental shootings sometimes results in a child being disfigured for life or living a lifetime of pain and medical care. If your child has been involved in an unintentional shooting consult a personal injury attorney at Taylor King. You might be entitled to a civil claim against the negligent owner of the gun which will mitigate some or more than the total amount of the financial encumbrance which accompanies such an injury.

The seats which are installed in most vehicles are remarkably flimsy and liable to give in an accident situation. The increasing number of injuries resulting from failed car seats has only recently prompted action from the NHTSA which has been remarkably lax on the subject so far.

Not Impressive

Car seats fitted in most vehicles are built up around a framework which is no more robust than a beach chair. Since there was little compulsion on auto manufacturers, current designs have continued resulting in injuries and fatalities even in some very minor auto collisions.

Tragedy on the Road

A case in point is that of Gavin Pieterson, who in 1996 was buckled into his Buick Century with his four-year-old son seated right behind him. An SUV traveling at no more than 25 mph collided with the rear of the Buick. The force of the collision caused Gavin’s defective seatback to break at the joint. He flew backward and struck his young son who did not survive the impact.

Poor Design

The unforgiveable aspect to this situation is that both the regulators and manufacturers have long been aware that contemporary seat designs are far from satisfactory and unable to withstand the forces generated in accidents. Furthermore, they could be the cause of injury in accidents, even in minor collisions. Seat designs are described by a safety engineer as probably the most extensive safety defects in car design.

Consequences

Gavin Pieterson’s son’s case is not one in isolation. Many more children have been seriously injured or killed in seat back failure collisions where the vehicles were traveling at relatively low speeds. In some cases drivers have been paralyzed after seat failure in a rear-end impact. And this is not just speaking about children either. Adults have been the victim of poor seat design as well. Perhaps if car companies did not have to extend such lavish benefits to their union employees (certainly before the bankruptcy; GM in particular), own corporate jets (again, before the financial trouble), or were not taxed that much they could afford to invest in more research in safe seat design.

Safety Issues

Recent litigation has emphasized the case of defective seat backs and their inherent dangers which so far has been little known. This has put pressure on automakers to redesign their seat belts so that they are safer and able to withstand a reasonable force in an auto collision.

Make a Case

If you or any member of your family has been injured because of seat back failure in a collision then contact a defective product attorney or a vehicle accident attorney. You might be eligible to claim for damages and compensation resulting from the defective product.

This is a question that injury attorneys are often asked and unfortunately, many a time it is after the event, where ‘what shouldI have done’ would be more appropriate. However, here are some key tips to keep in mind if you or a loved one ever sustains an injury via an accident. You should try to understand what happened at the accident site or as soon as possible; you should be conducting your own little investigation. It will strengthen your case when your injury attorney makes a claim for damages and compensation.

If you can do it, pull out your cell phone and take as many photos of the accident site, including positions of vehicles and the extent of the damage.
Write down as much as you can recall of the accident, your injuries, and losses. Your losses should include what you have lost in terms of time off from work.

If you are receiving ongoing treatment, record every visit to your healthcare provider and the attention you received.

Consult a personal injury attorney to assess your situation and pursue a claim if you have one.

Maintain a journal for your attorney where you write down how the accident and subsequent injury has impacted your life physically, emotionally, and financially. If it has forced you to miss any events or family functions, include this in your report as well.

If you have discussed your accident with anyone such as the police or insurance adjuster, note that as well. Remember you are not obliged to speak to an insurance adjuster and you are better off declining to do so. Leave these discussions to your attorney.

Never sign anything an adjuster asks you to without your attorney’s OK and understanding.

Locate any witnesses who might help your case. Be patient with them though, and cordial.
An insurance adjuster will probably come forward with an offer for a settlement out of court. Let your attorney negotiate with them in terms of what would be a fair and just settlement.

Having an Open Mind

This is a serious situation. If the accident involved a loved one, despite your care for them, do not always assume they are telling the truth. You should not overlook any errors they may have made and just because they say something happened does not mean that is completely accurate. When trying to ascertain the truth, do not rule anything out. If the other party seems to have more credibility than your family member or friend, there could be something to it.

Motorists and pedestrians are both at very considerable risk for injury and damage by drunk drivers. While victims of damage by intoxicated drivers are able to recover compensation for the damages sustained from the insurance carriers of the drivers, some states hold liquor stores, bars, and individuals who serve alcohol to intoxicated drivers as accessories and who are also responsible for any accident they cause when leaving the establishment or home.

Use Physical Force if Necessary

There is not any excuse in allowing someone to drive home from your home or even establishment if they are clearly drunk. If they can barely walk to the door they should not be driving a car. If they can barely discern a $1 bill from a $10 bill, perhaps it is time for you to invoke a personal intervention. There is not any way they should be operating a 2,500 pound, more or less, machine that runs at an easy 80 mph in the state they are in.

Liability of Establishments which Provide Alcohol

In some states, establishments which serve/furnish alcohol are held responsible for damages and injuries which result, if they knew that the individuals to whom they served/furnished alcohol were intoxicated visibly when the alcohol was served to them. This statue extends to homes and other places where social gatherings take place and is not limited only to liquor stores and bars.

It is not easy to prove that patrons at bars and liquor stores, or at assemblies and social gatherings, were intoxicated when liquor was served to them; or that those who did the serving were aware that the person concerned was intoxicated at the time. Nonetheless this statute holds accountable those who served guests and customers alcohol, and imposes a particular responsibility on them.

Proper Training

The key to avoid falling foul of this statute is to be attentive and responsible. If you run an establishment which serves alcohol to your patrons, you should train your employees to be able to recognize such situations where a patron might have had one drink too many, and be able to handle the situation tactfully. Or knowing when to ask for help; this type of training may just save a life.

Take their Keys if you have Too

This also applies to hosts who serve alcohol in their homes to guests. According to the statute, you are responsible for the behavior of your guests. If you feel someone has reached their limit, you should not hesitate to suggest that they move to a non-alcoholic beverage instead, and ensure that they have a safe means of returning home rather than getting behind a wheel. Their pride is secondary.

The Proper Result

If you have served alcohol to a person who has caused damages for which you are held accountable then consult an injury attorney to help explore your options.

Two-wheelers, like motorcycles and bicycles, are particularly vulnerable to accidents because of road hazards and abrupt changes in the road surface. The reason is their smaller and thinner tires which place them at greater risk. Changes in road surface which most frequently cause accidents are potholes, trolley and railroad tracks, sewer grates and disruptions of a temporary nature because of ongoing roadwork. These could be loose gravel, oil, tar, or metal or wood covers. Any of these obstructions could cause even an experienced rider to lose control and fall, at times in the path of an oncoming vehicle.

Here we take a look at common road surface hazards and who might be responsible for accidents arising from them.

Potholes are most often the result of temporary and shoddy road repair. Because they are substandard they have loose or broken edges and might even subside, creating a hazard for motorcyclists and bicyclists.

Warning Ahead?

If the accident is caused because of shoddy workmanship the public entity under whom the road comes may be held responsible unless there was sufficient warning of a hazardous situation ahead.

Another reason might be wear and tear. Whether the public agency is responsible or not depends on how long the problem has been there. If it was only a short while the agency might not be held responsible, but if it has been there for some length of time then it presents an unreasonable danger to the public and could be construed as negligence.

An Evaluation Based on Experience

Sewer grates, rail, and trolley track present their own particular problems. Whether or not you could hold a public body responsible if they cause an accident depends on several factors which your accident lawyer can brief you about. Remember, holding a public body responsible is actually taking money from your neighbors and yourself because they and you, respectively, are tax payers. But if a message has to be sent and you have to be repaid, then perhaps a lawsuit should be initiated.

If you are injured because of a motorcycle or bicycle accident caused by a hazardous road surface, you might have a claim against the city, county, state, or public agency responsible for maintenance. If you are planning to file a claim, be guided by an experienced accident attorney because of the special filing requirements against public entities.

Car accidents account for a variety of injuries which can affect almost any part of the body. It all depends on the kind of accident and how severe the impact was. If you study statistics relating to insurance claims and personal injury lawsuits consequent of car accidents, certain types of injuries are more frequent than others. Here are some of the commonest injuries resulting from car accidents.

Head and Brain Injuries: A closed head injury is a very common type of injury suffered by people in a car crash. This extent of injury can vary from mild concussion to even a traumatic brain injury (TBI). At times there are no external signs like cuts and bruises, but the brain could be damaged by impact with the skull because of the crash. This is why medical help is needed and a picture of the brain needs to be administered. Someone could be dying despite being lucid and having a pleasant disposition but in reality, their brain has been injured and could be swelling for instance. This is why not any assumptions should be made and why it is important not to make any decisions or determinations until someone has been cleared by a doctor.   

Neck Injuries: Neck injuries are frequent fallouts from a car crash. These could be relatively minor like a neck strain to something more serious like a whiplash. In very serious crashes a victim might suffer from cervical radiculopathy or disc injury.

Back Injury: The impact of a crash and consequent torque on the bodies of passengers are often the cause of back injuries. These could be strains, sprains, fractures, thoracic spine injuries, disc injuries, lumbar spine injuries, and lumbar radiculopathy. Quite often, back injuries like neck injuries are not immediately evident but begin to manifest themselves sometime after the accident. Injuries of the back and neck could have lasting implications with chronic pain and discomfort.

Face Injuries: These are a very common type of injury which can be caused by anything from shattered glass or impact with a steering wheel. They could range from cuts and bruises to fractures and serious disfiguring lacerations which leave permanent scars.

If you are the victim of a car injury then you might be liable to claim damages and compensation. Consult an accident attorney to advise whether you have grounds for a claim.

Golf carts are primarily designed for recreational use. But often some inherent defect prevents them from operating the way they should and the cart becomes the cause of a catastrophic injury. At least 4,000 golf carts have been recalled by Club Car LLC according to the Consumer Product Safety Commission (CPSA).

Fire Hazard

A number of reports relate to a frequently occurring flaw which generates a crack in a critical component of the fuel tank. The gasoline leaks through the crack creating a significant risk which has been the cause of many explosions and fires (probably by cigarette or cigar smokers).

Drinking & Driving

Under defective product liability the manufacturer, distributor, and retailer are all liable for injuries caused because of a defective golf cart. While the cart typically moves at a gentle pace, it still has the potential of being the source of a serious or catastrophic injury.

Choices Galore

If you have sustained injuries because of a golf cart accident, you don’t have to have been the purchaser of the vehicle to be able to claim compensation. If you are reasonably satisfied that your injuries were caused by a defective product, and can prove it, you can recover compensation for the injuries and related expenses under a number of different theories of product liability.

Not a Factor

If you had rented the cart from a country club, a resort, or rental company it makes no difference. You might still be able to recover from both the manufacturer and the rental agency. What happens when it is your fault though? You just have to point the finger at yourself. When someone else made an error and if the injury ruins your vacation or day at least, then someone else should be held accountable. If you do not hold anyone accountable, this type of neglect will just continue.  

Rule Nothing Out

Golf cart injuries can be serious and have long-term implications. Very often a trusting golfer might not be aware that the primary cause of the accident was a defective golf cart. If you have been the victim of a golf cart accident and have sustained injury, consult an accident attorney to determine if you have cause for a compensation claim. After all with the high number of golf carts being recalled, chances are your injury could well have been caused by a faulty cart.


All car insurances policies are not the same, and the mandatory liability insurance might also vary between states. New Hampshire is the only state that does not mandate liability insurance. However, it is important to know what types of liability insurance are available, so that you can decide how much more coverage you need beyond the mandatory amounts.  

Two Areas

Liability insurance has two main categorizations. One is bodily injury liability that will cover medical expenses, lost earnings, pain and suffering and other damages. The other is property damage liability, which covers damage to property and might include loss of use.

Worst Case Scenario

When you have coverage for bodily injury liability, the policy will help you pay the costs of damages for injured or killed people, when you are at fault for the accident. Apart from medical expenses, and loss of earnings it can also cover legal fees, in the event your case goes to trial. When you are covered for property damage liability, your policy will help you pay for property damages caused by the accident where you are at fault. This will cover expenses for car repairs, car replacement, and repairs or replacement of items on a property like fences and so on.

The Lowest Denominator

Most states set a mandatory amount for these liabilities; however, such amounts may not be enough. For instance, if you have coverage for property damage liability for $20,000, and if the accident you have caused has resulted in property damage worth $30,000, you will have to pay the balance of $10,000. Therefore, it is not wise to keep to the minimum mandatory limits set by the state, since you can end up paying out of your pocket in case of an accident. But every financial situation is different. There are risks when it comes to driving and it behooves everyone to drive safely and correctly.

A Common Frame of Mind

The cheapest insurance is many times the most common for people to select. Most people are confident in their driving so choosing to have to pay something out of pocket if they are in an accident is just part of life. This incentive may make most drivers drive better and because people have other financial obligations in life, paying a premium for car insurance is just not always appealing.

Everything is Included

Secondly, if you opt for only liability insurance, your car is not covered, and you might want to consider a comprehensive policy, which takes care of the damages to your vehicle as well.

What is Negligence in Car Accidents

Negligence is the main element for proving fault in car accidents. Normally being negligent would mean that the person has behaved in careless or thoughtless manner, and such action has caused some injury to another person. Negligence can be doing some action that was not supposed to be done, or not doing certain action that had to be done.

Apathy

Negligence or determining it could be construed as indifference or apathy. You could say that in some cases someone just did not care or took risks they should not have. There are a few people who do not see it this way and this could be tied to how they were raised. They were not raised to care about other people and now the world must deal with people who are careless. They do not have to be sociopaths, they are just “jerks” or people who believe the world revolves around them.

A Lesson Taught

When they mess up, it is wonderful to have the proof to prove them wrong but it can also be at the expense of someone’s health or life. The good thing is that most people are not built this way and understand that other people matter too in this country. Overall, a democratic country could not survive if most people were “careless” about the safety of others. And this is another reason why it feels right to teach these people a lesson.

Do Not Assume

This does not mean that if someone makes a mistake on the road ways of our society they are shallow, callous, or apathetic people―they could have just make a mistake. They feel bad about it and now they will have to pay financially for this mistake they made. Everybody makes mistakes but you do want to focus so your mistake does not hurt someone else and cause severe property damage as well. You do not want to make certain types of mistakes when you are driving. Ever!

According to law, a driver has to use sufficient care to avoid injuring others, including pedestrians, other motorists, passengers in the vehicle, or anybody on the road. When the driver does not exercise enough caution and injures someone then he or she is held liable for the negligent behavior.

Proving Negligence

In a personal injury claim involving a traffic accident, the injured party must prove that the defendant was negligent. For doing this, the injured party or plaintiff has to prove that the driver breached or violated the duty of care as mandated by law. When there is any specific violation of traffic rules or laws then it becomes easy to prove negligence. For example, when the driver has run a red light, or was driving beyond the speed limit, the negligence is quite clear.

However, even when there is no specific violation of traffic rules, then the prosecution has to show the driver did not behave in a manner expected of a reasonable person, or did not take a reasonable course of action. The law expects drivers to exercise reasonable care, which is referred to as duty of reasonable care. These duties include:

Being vigilant and keeping a lookout for road hazards, pedestrians and other vehicles
Maintaining control over the vehicle
Maintaining the vehicle in sufficient working order
Driving at reasonable speeds
Knowing Your Surroundings

Even if the person drives under the speed limit, there are certain factors that can make the speed unreasonable, such as bad weather, low visibility, being in a crowded area, excess traffic, and so on.


Pennsylvania follows comparative negligence doctrine, which means if you have been injured in an accident and your fault was more than 50% for causing the accident then you cannot recover damages. Why would you even expect too? Hence, conversely, to win a car accident case in Pennsylvania you need to prove that the other party was at fault for the accident. It would be nice if they just eventually admitted this to do the right thing and to perhaps enable the victim to receive the compensation they rightfully deserve.

Unfortunately, many adults do not abide by the principles they were taught as a child.

In a car accident, fault would mean negligence, which means the person behaved in a careless manner, without giving much thought whether their actions would cause harm to other people.

Determining the Facts

In your car accident case, it might seem obvious to you that the other party acted carelessly or negligently, but it has to be proved legally by showing what laws were violated by the other party. Your claim of negligence of the other party should be supported by some official report of the accident or testimony of witnesses who were present at the scene, who can corroborate your version of what took place.

The Police Report

The police will arrive at the scene of a car accident, especially when they know people have suffered injuries, and they will write an accident report. This report will be important in proving fault of the other party, especially when the officer has mentioned in the report the specific traffic law that was violated by the driver, and how it caused the accident. Sometimes the report might simply state negligent behavior of the driver, without stating any specific violation.

The Pursuit of the Truth

This too can be helpful for your case, as it does not matter how specifically a traffic violation is mentioned. To acquire a copy of the report, you need to approach the area’s police department traffic division. Apart from the police report, your lawyer can also find support for your argument of the other driver being at fault according to the state’s driving laws.

Any kind of accident, especially car accidents can be traumatic and nerve racking. Whether it is your fault or the other driver’s fault, the fact remains that a horrible situation has occurred. Personal injuries need to be looked at immediately but people should not forget their vehicle also. Many times, car accidents have completely damaged or partially damaged the vehicles. This is where a car accident lawyer comes in and helps you out! But you must make the call first. Even ifyou encounter an ambulance chaser you may not want to deal with a lawyer that resorts to those tactics anyhow.
Their Profession
The people involved in the accident have enough to worry about. So leave it to the professional car accident lawyer to take care of the financial and insurance details!
All the Bases
A car accident lawyer, typically represents a car accident victim, preferably the innocent victim, in the court of law. Laws are made to protect the citizens of the city, county, state, and so on and car accident lawyers do just that! Call them as soon as possible and they will:

  • Surveys the accident site, take pictures, and assess the entire situation from a legal standpoint.
  • The car accident lawyer will also help with insurance papers, the signing of legal forms, and claiming the money that is rightfully yours.
  • In car accidents, many a times, the victim and the wrong doer are unknown. These lawyers have the technical and legal expertise to dissect a case and represent you justly. They also know how to track someone down if it comes to that.
  • These lawyers have the pool and the resources to cut through the red tape and the layers of the government, jurisdictions, insurance companies, more bureaucracy, etc.

Not Your Domain
As a layman, you may not know all the aspects and fine notes of the law which might be in your favor. Hiring a good car accident lawyer during car accidents is thus essential.
Erase All Doubt
Of course, they usually charge a fee. But usually, this fee is to be paid after you successfully obtain your claim. It is better to be prepared than to be sorry later on!

Car accidents always are traumatic. Irrespective of who is at fault and who the victim is, an accident is just that – agonizing! The first thing to do is to acquire the required medical attention. But then, there is the question of the car. If it is a severe accident, chances are your car is badly damaged and is actually a wreck now. A car wreck lawyer may not be able to provide you with the emotional attachment you had with the car, but can certainly ensure that you are justly represented in the court of law, or mediation, or just a meeting with the opposition, and that you obtain financial compensation for being the victim of thiscar accident.

  • True Representation

A car wreck lawyer, who basically specializes in accidents related to car wrecks, has all the legal connections and the know-how to have the paperwork sorted out. He can take care of the court dates, legal representation, among other things while you are tending to your injuries and working with your employer and taking care of family needs and so forth.

  • Claim

After the car accident, it is necessary to have your vehicle surveyed. Since you are a victim you may be too dumbstruck and shattered to think logically, car wreck lawyers should invariably be there to help you out. If you are injured, medical expenses will be forthcoming. And if your car is also damaged or wrecked, it means you will have an instant transportation issue! Acar wreck lawyer will try his/her best to obtain the maximum compensation for your damaged vehicle and for your situation.
A Dedicated Professional
A car wreck lawyer can be called on the spot so that a survey and a proper assessment can be done if you already have their number. If you do not, they will have to conduct a basic but necessary follow up investigation when you hire a lawyer to give you the legal help you desperately need.
Their Domain
The lawyer may have all the necessary contacts and paper work for the immediate towing of your car, liaison with the police, and so on. Yes, there is a fee attached to hiring a competent and loyal lawyer; but it is a small part of the help they are ready to give you. If you or someone you know has been involved in a car accident and the vehicle is completely devastated, call car wreck lawyer Taylor King at 1-800-227-9732 for immediate assistance.

A study conducted by the National Highway Traffic Safety Administration concluded that leg injuries are the most common form of injuries in case of motorcyclists. The reasons are a no brainer. Since there is a minimal protection available to the lower part of the body, motorcyclists injure their legs more in anautomobile accident. Moreover, since the motorcycle is much smaller than the vehicles on the road, the chances of the motorcycle becoming totaled are high and unfortunately higher are the chances of the motorcyclist becoming severely injured or possibly not surviving this accident.
Other Risks Too
Apart from vehicles on the road, motorcyclists are also at risk from stationary objects such as poles, trees, and parked vehicles. Again in this case, since there is not any protection offered to the lower part of the body, a motorcycle offer little to no protection to the lower torso of a human body. Moreover, collisions with road dividers and railings also pose an equal threat to motorcyclists.
Limited Protection
Though protective gear is available for motorcyclists to protect them from collisions, this gear has limited capabilities. Helmets, heavy boots, reinforced synthetic jeans, and armor pieces and clothing are just some of the options available. Motorcycle accident injuries often are serious and hit the victims hard financially. Statistics released by the National Highway Traffic Safety Administration suggest that an average leg injury costs around the $20,000 range. Multiple leg injuries cost double and if there is burning involved and skin grafting is required, the costs can increase even more. We are not even considering the financial losses incurred due to lost wages either.
Common Injuries
The following is some of the most common form of leg injuries sustained during motorcycle accidents:

  • Ankle injury
  • Broken foot
  • Damage to knee ligaments
  • Rupture to tissues and arteries in legs
  • Bone fractures
  • Ankle ligament tear

Increasing Your Odds
Just like car accidents, victims of motorcycle accidents can also be compensated for medical expenses and damages. How could it be any other way? You, however, will need the assistance of a motorcycle accident attorney. For more information on amotorcycle accident lawyer, contact Taylor King.


While making a claim for personal injury in auto accidents it is paramount and crucial to prove who was at fault for the accident and/or who was negligent. Insurance companies will try to find ways of escaping liability, and hence to make your case strong you need proper and suitable proof. Here are important elements that can help you prove who was at fault.

Police Reports

Police many not always arrive at the accident scene, but when they do, the police have to make an official report of the accident. Make sure you ask the police, how you can acquire a copy of the filed police report. If the police have not shown up at the accident scene, you can report the accident at the nearest police station. After you have filed your report, the police will conduct their own investigations and make a report. You can then obtain a copy of this report.

Police reports will usually contain the recollections and opinions of the police officer investigating the accident. The police officer might mention if any traffic laws were broken, and observations about how the vehicles behaved according to available evidence. There will also be a mention whether the officer issued a traffic ticket at the accident scene. A police report is an integral piece of evidence, and insurance companies will only start acting after they have received the police report.

Compiling Your Own Case

You do not have to wait for them though. You can start to compile your own evidence when you are able to depending on how terrible the accident is. If you cannot do this on your own, then you probably need to hire a legal representative to start this legal process that you are now in. If you are laying in a hospital working out options with the medical staff you are not going to be putting together this case all on your own. First off, your ability to make calls and use the Internet will be curtailed.

Your family can certainly help you and they will but they do not have the legal wherewithal that a personal injury attorney does. You want to beat the opposing insurance party to the punch and you will not do this by expecting others to do everything for you. You were the only one, well unless you had a passenger(s) with you, that you know who was at the accident scene. That is hard to beat.

Violation of Traffic Laws

If the other party has violated any of the traffic laws of the state, then proving fault becomes much easier. The laws are usually given in the Rules of the Road booklet, which is available at your local DMV. Your lawyer can also help you research for right code applicable to your accident.

Obvious Cases

There are certain instances when the fault of the other party is obvious. Such instances include:

     Your car was hit from behind
     Your car was hit by a driver making a left turn

 

If the car accident is the result of drunk driving, negligent driving, or any other form of human error, car accident litigation is pretty straightforward in these cases. However, there are special issues in car accidents that need the expertise of an effective car accident lawyer. Knowing about them will help you take control of the situation in the early stages which will be helpful if you decide to file for a lawsuit. It is possible that you may have to make additional parties liable for your injuries thus knowing about car accident special circumstances and vital detailsis important, and they include:

  • Hit-and-Run Accidents - If the driver responsible for causing the accident flees from the scene, it is deemed a hit-and-run case. As a victim, you may or may not be able to identify the culprit. Your lawyer will have to work with the authorities to find the culprit and bring a lawsuit against this person. They will be facing criminal charges from the state and civil charges from you and your committed lawyer.
  • Car-Pedestrian Accident – If a car or a larger vehicle injures a pedestrian, the erring party often tries to wriggle out of the situation by blaming the victim for wrongful conduct, jay-walking, and so forth. If you have been victimized in this way, it is time you get in touch with a specialist car accident lawyer.
  • Car-Motorcycle Accident – Just like car-pedestrian accident victims, motorcyclists are often blamed for erratic driving enabling the real culprits to walk away free. What makes the matters worse is the fact that even a minor accident can injure a motorcyclist gravely. The car driver usually is unscathed while the motorcyclist is at the receiving end. Do not be victim or a statistic, hire a specialist car accident lawyer.

Turning the Tables
In all of the cases mentioned above, the victim can be seriously injured since little or no protection is available to them. If you have been injured in any of the above mentioned ways, contact Taylor King at 1-800-227-9732 on how you can obtain the appropriate damages and make the disrespectful party pay. 

In the previous article we discussed how there exists special issues which make car accident litigation difficult for the victim. The victim in the majority of the cases is not only injured and often traumatized, but also has to bear the financial losses that accompanies an incident of this magnitude. This type of heinous behavior by another American citizen is just preposterous and no one should have to cope with it. This is why there are hardworking car accident lawyers out there that work hard to make a positive difference.
Common but Unforeseeable Situations
Insurance companies may deny personal injury claims stating that it was your fault. Continuing with this theme, it is cardinal that these other special circumstances that you can encounter are known to you. They are:

  • Car-Bicycle Accidents – Bicyclists not only face the danger from moving cars but also are in equal danger from parked or unmoving cars. Bicyclists often become injured when car drivers or passengers open their door without paying attention and knock a cyclist off their bike leading to serious injuries for the undeserving bicyclist. Since proving your innocence or the other party’s guilt is difficult, having an effective personal injury lawyer by your side is highly recommended.
  • Bus Accidents – Considering the size of the buses that ply around and function on city roads, injuries sustained during bus accidents are often grave. Problems may arise if the vehicle in question is a school or passenger bus. This is why you need to hire a hard charging but tactful lawyer for your case.
  • Tractor Trailer Accidents – Statisticssuggest that 98 percent of tractor trailer accidents result in fatalities. Regulations state that drivers should not work beyond the stipulated hours. However, since drivers of these 18-wheelers are paid by the miles they drive, they sometimes ignore the rules. Extended working hours means exhaustion and serious tractor trailer accidents. However, proving all this in court is difficult. This is why you need to hire an attorney who can negotiate well and knows how to swing court room debates or mediation sessions in your favor.
  • Vehicular Modifications – Second hand passenger vehicles are modified by dealers to make a quick buck. These modifications or alterations are done ignoring the safety of the passengers and other people on the road and the driver and/or owner sometimes does not care all for aesthetic and glamor purposes. Many times, these alterations result in automobile accidents.
  • Road Debris – This is one of the most difficult forms of litigation. Any road debris left behind by a passing vehicle or construction work or any other reason may cause damage to other vehicles or injuries to the occupants of these vehicles. This debris can simply cause a wreck.

Rectifying a Wrong
As stated, all of these cases are difficult to be handled by a normal car accident attorney but they are better than nothing that is for sure. If you are looking for a specialist or believe you need one, notify Taylor King at 1-800-227-9732 for a free consultation.

 

Anyone who has been in a bad car accident will know firsthand the meaning of a traumatic experience. It isn’t just the accident itself which is soul-shattering but the aftermath. And it doesn’t really matter who is at fault though it’s obviously more harrowing if you are.
The Aftermath
A car accident inevitably is an expensive experience. It results in physical injuries with attendant medical expenses, wage loss because of time off from work, and expenses on car repairs. If you are not at fault you can claim compensation from the driver of the other vehicle, but you are still very likely to be a nervous wreck at the end of it all. If you are not nervous you will certainly be frustrated for having your life be disrupted like it was. Another major expense that can have lifelong repercussions is if you miss some work time that detracts from your experience. This can undermine promotional opportunities. Not only that, it could cause you to miss some key training classes that will take time for you to make up.
This is why you need to hire spectacular lawyer who does not forget these types of details and is honest enough to insure you are adequately compensated for your losses.
Far Less
Some people try to handle a claim loss themselves, but this is distinctly inadvisable. Car insurance companies have skilled surveyors who are adept at dealing with novices, and are able to settle a case for far less than what they should. In fact they can very skillfully turn a case around and wear you out with protracted negotiations. You finally settle up for whatever they offer which is customarily much less than you deserve.
Bolstering Your Case & Chances
This is where you need a good car accident lawyer on your side. You should contact one as soon as possible after the accident, because much of what you do or say impacts the final outcome of a settlement. A car accident lawyer will advise you of the finer points of gathering evidence of the accident, taking names, and statements from witnesses and other such details which will strengthen your case.
Even at a later stage it is not too late to hire an accident lawyer to take over. He or she will open negotiations with the insurance company toward a settlement that is fair and just. If negotiations break down, especially if there are serious injuries involved, the matter might have to be settled in a court of law or in arbitration meetings. In such a case the expertise of a car accident lawyer is invaluable.

If you are ever involved in a bicycle, motorcycle, car, or truck accident you need to take aggressive action immediately to protect the rights of anyone who is injured. The best way to protect yourself and anyone injured, is to take hire the expertise of an experienced car crash attorney.
Increase Your Odds
When you or your loved ones have been injured in an accident because of someone’s negligence then you need to be compensated for your injuries, damages and trauma sustained. No doubt the insurance company of the party at fault will pay, but just remember that the job of the insurance adjustor or investigator is to minimize the insurance company’s payout. That’s what the insurance company pays the adjustor to do. So obviously he/she will try to offer you the least amount of compensation. This is one solid and invaluable reason why you need a skilled car crash attorney on your side.
A Junk Yard Dog
If you have your own car accident attorney, you can be assured that your rights are protected and take precedence over the insurance company’s interests. An insurance adjustor will not try to mess with a car accident attorney and is more likely to come up with a fair offer of settlement without too much argument. The adjustor is only too aware that if a fair settlement cannot be negotiated, you could instruct your car accident lawyer to take the case to court, something all insurance companies wish to avoid.
Document Everything
If someone has sustained injuries, you might like to discuss the issue with a personal injury attorney first, before beginning to negotiate a car accident settlement. Remember, if you are involved with a transportation accident of any sort, your interests and those of your loved ones are best protected if you have a vehicle accident lawyer to represent you.

If you’re in a bad car accident one of the first things you need to do is contact a dedicated and loyalcar accident attorney. There could be all sorts of spin-offs from the accident which a skilled automobile accident lawyer would guide you on. If you follow the advice given it could help you maximize your claim.
The Process
But what if your car is so badly damaged that it’s not worth repairing? Insurance companies have a formula for this. In a typical assessment if the cost of repairing your car is equal to, or more than 75 percent of what they call pre-accident fair market value (FMV), chances are that an insurance surveyor will declare your car totaled. This means the car is written off as a complete loss and you should receive a check for the FMV before the accident. If there’s any argument about this you could consult with a car wreck lawyer.
Weighing Your Options
What are your options after that?

  • If the FMV your insurance company is willing to pay is more than what you owe on the car, then you might take the check and walk away.
  • You could consider buying the totaled vehicle back from the insurance company. If you decide to do this you will have to re-register the car. It has to go on record that the car was once declared a complete loss.
  • You could repair your car on the cheap using non-OEM or cheaper parts. If you decide on this option, the car will be repaired under your authorization so that the repair bill is kept below the FMV.

Making some Prudent Decisions
Many accident victims prefer to take back the car and repair it even though it might cost them a bit above the insurance check. They’d prefer not to get strapped again with monthly payments to buy another safe and dependable vehicle. If you can’t decide, talk over your options with acar wreck attorney. This is an area they understand and their advice is not only strategic, it can be priceless.

If you have met with a transportation accident of any sort you might have to hire an accident attorney. It doesn’t mean that every car accident, for example, goes to court for an accident claim settlement, but there are occasions when this is very likely. There are many occasions when you can come to a fair settlement with the insurance adjustor, but an adjustor’s job is to settle an insurance claim for the least amount. Sadly, there are occasions when the claim is not settled so amicably, and to get what you deserve might require the skilled expertise of a car accident lawyer.
The Correct Door to Open
If you or any of your loved ones has been injured in an accident be sure to get in touch with a car crash attorney or a personal injury lawyer, especially if someone is killed in the accident. A car crash attorney will help identify who exactly is the party at fault.
Wakeup Call
Sometimes a police report might not accurately record all events in which case you might be exposed and vulnerable, especially if you are partly at fault. But even if the fault is partly yours, you could be eligible for some compensation which a skilled car crash attorney can negotiate. In such a situation you may have an issue with the insurers who could be reluctant to pay out for flimsy, pathetic, or even reasons that cannot be explained or determined. It is not uncommon for them to blow your part of the accident out of proportion completely forgetting that the accident was 80% or so their client’s fault.
This is not a One Man Show

Even if you prefer to do the negotiating yourself it is a good idea to consult an accident attorney. He or she will put you on the right track, advise you how to go about negotiating, tell you what compensation to claim, and inform you what a fair settlement should be. If you suspect the insurer or police to be acting in bad faith then a good car crash attorney is your best ally.

If you have been involved in a car accident and have sustained injuries you need to see a car crash attorney as soon as possible. An experienced car crash lawyer can mean the difference between a full and fair compensation for your injuries and a barely adequate, poor conclusion.

An experienced car crash attorney will go through the case and evaluate just what you can claim and be justifiably entitled to. The lawyer will assess all your entitlements such as:

Liability: To succeed in a personal injury claim resulting from a car accident it is incumbent on you to prove that the accident happened because of someone’s negligence. To put it bluntly it must be shown that the accident is the result of some other person’s fault. The lawyer will explore the possibility of establishing beyond a doubt that some other person was at fault who should be held accountable for paying you compensation for the injuries you have sustained.

Damages: This is a case of working out the maximum compensation you might reasonably expect to recover. This will include medical expenses you have already incurred and such expenses you are likely to incur till full recovery. Also included will be loss of your earning capacity which is the reduced market value of your earning ability in the future, including your lost wages during the period of recovery. Add to that injury compensation like permanent scarring, fracture, herniated disc, and so forth. Pain and suffering is another aspect which can be determined by the nature of the injury. If there’s a death involved the case could shift to a claim for wrongful death.

Case complexity and legal issues: Laws related to car accidents vary according to their jurisdiction which could involve federal and state laws. These laws could affect the amount you might recover because of partial fault which could be assigned to you. In such a case the amount you might recover could significantly be reduced or even be denied. There could be other legal issues which could adversely impact your case. Your car crash attorney will evaluate all these intangibles in advising you of your rights and your standing in the case.

A major problem in motorcycle accidents is that people are prejudiced against motorcycle riders. There is a general belief that motorcycle riders are reckless because of which other road users are at risk. If a motorcycle rider is involved in an accident with a car, people are predisposed to believe that the motorcycle is at fault. This is not always the case but many times it is. Furthermore, the motorcycle rider will face an uphill task to prove that he/she is innocent, and in fact, that it is the driver of the car who is responsible.

An Uphill Climb

If you ride a motorcycle and are involved in an accident and not liable, you might be able to file a motorcycle accident lawsuit against the person responsible for the accident. Under the law you will be entitled to claim compensation for all expenses related with the accident. These would include medical bills, loss of income, compensation for pain and suffering, and even emotional distress. The list is by no means exhaustive. But while you are entitled to file a motorcycle accident lawsuit under personal injury law, winning the suit and being awarded the compensation you deserve will be far from easy.

Proving Your Side

As the plaintiff, you will have to prove that the other driver was negligent, and that this negligence was the cause of the accident. You will be required to demonstrate that he/she did not exercise reasonable care owing to other drivers on the road. In addition, you will have to show that harm was caused, and the extent of the harm.

Given the complexity of the case, and the natural bias against motorcycle riders, your chances of winning will be better if you have a motorcycle accident attorney representing you. Your attorney will use witness testimony, accident photos, medical bills, and all other available evidence to prove your case.

The World they Live In

The case might just be settled out of court if the driver of the car accepts responsibility and if the insurance company that has to pay out makes you a fair and reasonable offer. Here again, with special expertise in motorcycle accident cases, your attorney will be able to maximize your claim and negotiate a better settlement than you could on your own.

When waking in the morning, none of us ever think that by sundown you might need the services of a car wreck attorney. A car accident however minor is a distressing situation which upsets your peace of mind. Even if no one is injured, the experience still haunts you. The aftermath of a car accident raises several disturbing questions.

  • What will you do without a car?

  • What if your car requires extensive repairs or even replacement?

  • Will you get enough insurance money to cover your expenses or are you going to be left in a hole?

These are some of the real issues that you’ll have to face, where the assistance of an auto accident attorney will be invaluable.

But take a worse situation. What if there was serious injury either to you or one of your passengers? This raises a whole new set of problems. There are medical bills to pay, loss of income because you might have to stay away from work for a bit, and the question of pain and suffering.

But what if the unthinkable happens, where someone in the accident dies? There’s possibly a case for wrongful death here. This could all add up for a traumatic period for you and your family.

A Vital Step to Take

The smart thing to do in either situation is to hire a car crash attorney from a law firm which specializes in motor vehicle accidents.

Regardless of how minor the accident, and more so if it is serious, you will always be better off with a car crash lawyer representing you. They are trained to assess the situation and make a full claim for compensation of what you are legally entitled to. A quality accident attorney will not just stop at claiming damages, but go the extra mile to maximize your claim. Frequently the insurance company that has to pay out might look for a settlement instead of going to court. Even in this situation your accident attorney will negotiate to see you receive the best deal possible.

A Fruitful Outcome

The attorney should not be afraid to ever go to court. That option should never be taken off the table. But if your car crash attorney can entice the insurance company and their side in issuing you the check in the amount that you deserve than perhaps going to court is not necessary. You save stress, time, and money and end up in the plus, at least monetarily. That is the ultimate package.


Driving a car or merely being in it is one of the most dangerous activities.




Some of the Main Causes




Most often car wrecks could have been avoided. They are usually caused because of someone’s complete disregard for the Rules of the Road, and insistence on driving in a rash and negligent manner ignoring all safe driving techniques or established norms. Some people are just rude. Common causes of car wrecks would include:




  • Not observing traffic signals - ignoring stop signs, yield signs, and stop lights.

  • Not adjusting speed to suit weather or road conditions or maintaining a safe distance behind another vehicle.

  • Being distracted while driving which would include using a GPS or a cell phone, or any other device or instrument which detracts from concentrating on the road.

  • Driving under the influence of drugs or liquor.

  • Driving a vehicle that is not roadworthy and a safety hazard.




If you are one party in a vehicle accident, take the following steps to protect yourself and your legal rights:




  • Call 911 and advise them about the accident.

  • Record the names, addresses, and contact details of the other driver and any useful witnesses.

  • Take photographs of the wreck if you have a camera. This will provide invaluable and strategic evidence.

  • Do not move your vehicle until the police arrive.

  • Seek medical attention if injured.

  • Do not make statements or sign documents especially with insurance adjusters.

  • Speak to a car wreck attorney who will put you on the right track.




A car crash lawyer will evaluate your case and advise you about the best line of action you should pursue.




Make the Proper Decision




If you or any of your passengers have sustained injuries you will be entitled to claim compensation. An accident attorney should draw up such a claim only after all costs are carefully determined. An accident claim can be a traumatic experience because insurance adjustors are wired to settle for the least amount, which invariably is far less than you deserve. A car accident attorney is adept in negotiating these settlements and will get you the best deal possible.

Auto accidents are a fact of life and every person who uses the road is susceptible to one. In fact, there is a school of thought which believes that every one of us will have an auto accident at some time in our life. But an auto accident is far worse when you are the victim of some other driver’s recklessness or negligence. Whatever the case, an auto accident attorney from a reputed law firm can greatly reduce the trauma after the accident.

A Clear and Loud Message

This is the time to point the finger at the culprit and make this situation right and perhaps even send a clear and loud message.

Not One Stone Left Unturned

If you are a victim in a car or motorcycle accident and have sustained physical injuries, you are entitled to claim compensation from the car driver if is proven that he/she is at fault. Your personal injury claim can include medical bills paid, medical bills likely to arise because of the accident, compensation for pain and suffering, mental stress and emotional anguish, loss of wages, property damage, and a host of other expenses. A personal injury attorney is best placed to make up this claim.

Their Main Intention

But regardless of the claim you make from the insurance company of the party at fault, you can only hope to obtain a negligible payment as an out of court settlement if you try to negotiate on your own. The reason is that insurance adjustors are wired to settle a claim for the least amount.

Let Your Attorney have at Them

An experienced car accident lawyer is invaluable in such cases. Accident lawyers have enough experience in dealing with insurance adjustors and know exactly what the claim is worth, and what a fair settlement would be. They also know that what the adjustor offers in the first instance is only a fraction of what the insurance company is prepared to pay for an out-of-court settlement. The company knows too well that if the case goes to court it could cost them a great deal more in the long run.

The Dangers of Going to Court

At the same time, you may not want to go to court unless you are absolutely sure of your victory since that ruling is final and it is being left up to someone you really cannot influence.

Some parts of the country seem to be always suffering a fierce spell of winter and brutal cold every year. Apart from frozen pipes, power outages, and closed businesses, severe cold weather causes dangerous road conditions and many auto accidents. Every winter, thousands of crashes are reported across the country, and the question is who is liable for such accidents. 
 
Drive Safely
 
Drivers often wonder if poor road conditions due to severe weather would make any difference in civil liability due to auto accidents. However, bad weather can never be an excuse for negligence that has led to the accident. It is the legal responsibility of every driver to drive carefully and safely regardless of the weather or road conditions. In fact, drivers are expected to be more alert and exercise more caution while driving on icy or snowy roads. 

There will never be an excuse for poor driving and there never should be. If you cause an accident because of your over speeding, tailgating, or sloppy driving this is your fault. It is not Mother Nature’s! It will never be her fault. If the conditions are harsh then you should be driving even more careful and if you attempt to blame it on Mother Nature then you are admitting that you knew the conditions were not that conducive to driving as you were.

Driving sloppy has no place on any public roads in any part of this world. But if the roads are icy and if the visibility is poor, your music should be played to a lower decibel and you need to focus on what you are doing.

Driving when Actually Driving is the Top Priority

Drivers are also responsible to equip their vehicles with accessories that would make the vehicle more suitable for those driving conditions. For instance, in winter, drivers are expected to fit their vehicles with special tires or install chains on the existing tires. Such equipment provides more traction that will reduce the chances of skidding. Secondly, drivers are also expected to have the skills required for driving safely on snowy or icy roads.

When drivers fail to equip their vehicles for winter, or do not have enough skills to maneuver safely on the icy roads, then they are putting everybody on the road at risk. If your car is not equipped properly for the winter or your winter driving is poor, then you can be held liable if you have caused a road accident. Similarly, if you are not at fault, the other driver cannot claim horrendous weather or poor road conditions as a defense. If you are involved in an accident during severe weather, the steps to follow for claiming personal injury will remain the same.



When an accident takes place where a motorcycle is involved, the general tendency is to blame the motorcycle rider. But the fact of the matter is that many motorcycle accidents are caused because of negligence on the part of the driver of the other vehicle in the accident. Very often drivers tend to pay little attention to motorcycles on the road and have little respect for their presence. The outcome invariably results in a horrific accident where the rider, or in many instances the passenger, are seriously injured or even killed.

An Understanding

While motorcycle riders should always wear helmets, protective jackets and clothing, and ride defensively; car, truck, and bus drivers should also realize that they carry a responsibility as well. The must share the road with two-wheelers, respecting their rights simultaneously.

By the Numbers

The National Highway Traffic Safety Administration Nationwide statistics indicate that motorcycle fatalities in 2010 numbered 4,502 which amounted to 14 percent of all highway fatalities in the year. To be fair, in single vehicle motorcycle crashes, half the fatalities occurred because of accidents while negotiating a turn or at a curve and almost 60 percent occurred at night. Now even though there are high tech motorcycle jackets that will light up at night when they sense or feel the presence of car or street lights, motorcycle drivers and car drivers need to be mindful of their presence and vulnerability even still.

Most at Risk

Because a motorcycle is vulnerable and lacks a protective cover, the motorcyclist and passenger are prone to severe injuries in an accident which could result in paralysis, serious scarring, traumatic brain injury,and/or even death.

Representing the Truth

If a motorcyclist is involved in a collision where the other driver is at fault, he/she should immediately contact a knowledgeable motorcycle accident attorney to protect their rights. Invariably the other driver’s insurance company will try to find the motorcyclist at fault or claim that the injuries would have been far less had the motorcyclist been more careful. The objective is to minimize the payout as far as possible. A motorcycle injury lawyer will fight to ensure that the motorcyclist receives justice and a fair compensation if they are truly the victims here.

Many states have tried to reduce the incidence of distracted driving crashes by enacting more and tougher legislation. These accidents primarily result from using mobile phones and other types of electronic devices while driving.

 

Some Merit in these Arguments

 

In Georgia, fresh teen drivers are banned from using mobile phones when driving. Recently the state extended this enactment by banning all drivers from texting while driving. However, some people consider that these anti-mobile phone prohibitions are far from adequate. Cynics believe that the laws permits such a variety of hand-held communication devices to be used, that imposing a limitation on texting while driving will be difficult to enforce. These criticisms are vindicated since such legislation has not been extended to all drivers.

 

Controversial Issues

 

A fresh study by the National Highway Traffic Safety Administration (NHTSA) supports these criticisms because the NHTSA reports an increase of fifty percent in texting while driving during the last year. Apparently almost twenty percent of the drivers asked admitted to texting when driving. This number escalates considerably with teen drivers. The study went on to state that the vast majority of drivers will answer a call on their mobile phone and continue talking while driving. Well, if they are stuck in traffic going 5 mph, what is wrong with this? But if they are going 45 mph on a busy street or 70 mph on the highway, that could be an issue. It could certainly be an issue if they are young drivers and do not know how to handle a vehicle that well yet.

 

A Majority

 

While the number of traffic deaths dropped by three percent in 2010, the number of deaths resulting from driving distractions increased considerably over the same year. In 2010, according to NHTSA figures, driving distractions accounted for 3,100 deaths. These numbers are cause for concern because while an increasing number of states are banning texting and driving, the new legislation appears to be having little to no impact. This ban exists currently in 35 states.

 

It still makes sense to pass these laws though because police can still write tickets because of it and it does give the non-guilty party something else to go by if they were hit by someone who was texting.

 

A Georgia Car Accident Lawyer

 

If you are a victim of an accident have suffered serious injury as a result of negligence by a distracted driver, call an auto accident attorney immediately. If the accident happens in Georgia you might just call an Atlanta injury lawyer, if in or near Atlanta of course.

It can be quite difficult to prove fault in an accident involving a motorcycle. The accident scene could offer certain clues, but testimonies of witnesses could be inconclusive. Moreover, the lawyer of the defendant will always try to pin the blame on the motorcycle rider. In an accident, it is usually the motorcycle rider who will end up with the most severe injuries, and therefore it becomes very important to prove fault of the other party.

Not Being Righteous
Well, who is at fault should be the person who is more financially and legally culpable. If someone tries to go after the other side when they were the one mainly at fault then they are taking a huge risk. There is a slight chance that someone who just made an honest mistake when driving but caused an accident could perhaps receive some leniency from the other side. This is just because humans normally do not want to attack another human but they would rather just be fair about circumstances.

But if you try to pin the blame on the other side knowing that it was your fault and the other side gathers enough evidence to prove this point you have just made an enemy. You were caught in the act of playing dirty. You were not showing any class in this situation. Well, the other side may come back at you with guns blazing. And you can only blame yourself for opening up this can of worms.

Preparing for a Legal Scuffle
Proving the negligence of the other party will be crucial in a motorcycle accident case. However, in many instances, the accident could have been caused by poor road conditions, fault in the motorcycle, or the motorcycle rider failing to take reasonable precautions or not wearing adequate safety gear. Since there are many possibilities, the victim riding the motorcycle should pick up adequate legal counsel.

Since in many motorcycle accident cases, more than one party is held responsible, comparative negligence theory is applied. Liable parties could include the victim, the manufacturer of the motorcycle, the department responsible for maintaining the road, driver/s of other vehicles, and even pedestrians trying to cross the street.

Secondly, whether the motorcycle rider was wearing a helmet at the time of accident can make major difference in the case. A helmet is considered a very important safety gear for motorcycle riders, and it could make life and death difference in accidents. Here it is important to note the difference between being partly responsible for the accident and being partly responsible for the injury.

Not the Helmet’s Fault
Failure to wear a helmet would not have caused the accident, but it definitely increases the chances or severity of the injury. It is important for the lawyer of the plaintiff to bring out this distinction in court, since it would help the case. However, the concept of contributory negligence would still apply when a rider is not wearing a helmet. 

How do car crash attorneys fight for optimal compensation?

If you are injured in a vehicle accident you might need to consider hiring a car accident attorney. Sometimes an insurer might not agree to pay your claim in which case the services of a car crash lawyer would be invaluable.

A Myriad of Scenarios

If you or any of your passengers have been seriously injured then contacting a car accident attorney is imperative, especially if there is a death involved. You could have other difficult situations where the party at fault is not clearly identifiable. In another situation you may be partly at fault in which case the law might decide that you are entitled to only partial compensation or none at all. Or you might have to face a case where the police report is not entirely factual and points and unfair finger in your direction. There are other occasions where the insurance company becomes difficult and refuses to pay your claim without assigning a proper reason.

Know Your Limitations

However unusual they sound, these are situations which often arise in car accident cases and are beyond the capacity of a normal person. Such cases would need the skills and expertise of a professional.

Give and Take

Even if a case is straightforward and you believe you can handle it yourself, it might be worth your while to consult a car accident attorney, especially when finalizing your compensation claim. The attorney could guide you in regards to knowing about your rights and discussing different tactical strategies on how to pursue this case. The attorney will also advise you on the options open to you. The decision will be yours but do not make a firm decision until receiving the necessary feedback from your attorney. This is probably a time in life where it is time to listen more than speak.

Covering Your Bases

In an extreme situation you might not be able to arrive at a settlement with the insurance company in which event you have no alternative but to take the case to trial. Your car accident lawyer will file a case on your behalf in the appropriate district or small claims court. If the accident involves a government vehicle and you are uncertain about which agency is involved you will have to file a separate claim for compensation against each one. It is never wise to put all your eggs in one basket. 

Usually the driver at fault for the accident has to pay for the damages caused to the other car. This will include the cost of repairs to the car, the cost of replacing any part/s of the car, the cost of towing and storing the damaged car, the cost of renting a car until the car is repaired, or the car’s value if it is totaled. However, it is the insurance company of the at-fault driver, who will be covering these costs. 


Value of Your Car
The insurance company of the at-fault driver will pay for repairing your car, unless the worth of your car is less than the cost of repairing it. In such a case, your vehicle is considered “totaled”, and you are entitled to receive the ACV (Actual Cash Value) of your car before it became damaged in the accident. Most insurance companies will estimate the cost of repairs, and if these costs amount to 75% or more of your car’s value, then your car is considered, “totaled”.

A Fair System
The theory behind an ACV is that you should be able to use the money to buy a similar vehicle that you had. However, in actual practice, the insurance company will offer a much lower ACV, and you may have to do your own research to determine the ACV of your car, and negotiate with the insurance company, based on that figure. To determine the ACV, you could research online services such as Edmunds or Kelley Blue Book, which provide the values of comparable cars.

No Assumptions
You could also look in the classifieds for the price at which similar cars are being sold in your area. Secondly, if you have done extensive repairs or installed new tires, it will be mentioned in the documentation. Armed with all this information you can negotiate a better ACV for your vehicle with the insurance company. But you cannot assume that your car restoration projects will amount to too much more according to the insurance company. No one can actually prove how much more value your car became because of those improvements.

“Hit and run” or “stop and give aid” laws are meant for drivers involved in collision accidents. According to these laws, the driver is supposed to stop his or her vehicle, provide identification and assistance to the injured party. The laws are enacted to ensure collision victims receive medical attention and are able to receive fair compensation for their injuries and property damage.

When a Passenger Crosses the Line

Even if the driver is not at fault for the accident, these laws still apply, and failure to perform the required acts can lead to criminal prosecution. Sometimes in a collision, the other vehicle could be unoccupied or parked. In such a situation, the driver has to leave a note mentioning what happened, his contact information, and then contact the police.

Prosecution under the “hit and run” law is not limited to the driver, but can also extend to a passenger who encourages the driver to flee the accident scene. A passenger is also prosecuted if he or she gets into the driver’s seat after the accident and drives away.

Leaving the accident scene only admits guilt in most cases.

After the Accident

Even if the accident is reported by the driver after he has fled the scene, he would have still violated the “hit and run” laws. However, in certain states, if the driver reports the accident within 48 hours of the accident, the report cannot be used against the driver to prosecute him subsequently.

A driver has to be aware of the occurrence of the collision for the law to apply. However, even if the driver denies being aware as a defense, the prosecution can use circumstantial evidence to prove that the driver was indeed aware of the collision. For instance, if the driver slowed his vehicle after the accident, and then sped away, it is enough to support the fact that the driver was aware of the collision.

If you are involved in an accident, you can claim damages for your vehicle. The party that actually pays for the damage will depend on who is at fault for the accident, and the type of insurance coverage carried by both drivers.

Paying for Car Repairs

If the other driver has caused the accident, then he or she will be liable for paying cost of damages to your car. However, in most cases, the liability is passed on to the insurance company of the driver, who will actually be paying the damages. In almost every state, carrying a certain minimum property damage insurance is mandatory. If the other driver’s insurance company agrees that the accident was caused by the driver, then they will pay for your car repairs; otherwise, the case will go to trial.

Hiring a Personal Injury Lawyer

The other side may pay for your car repairs but when it comes to you missing work, losing time with your family, the pain afflicted, medical bills, this is an entirely new ballgame. This is a higher plateau. This is where you are going to need an attorney to work with you. If you think you can handle all these issues and not get taken by the other side you are mistaken. You need someone who has been through the ring of fire before, many times in fact, and this is most likely not you.

The Deductible

When the at-fault driver does not have insurance but you have taken collision coverage, then your insurance company has to pay for repairing your car. Collision coverage is no-fault coverage, which means it does not matter who was at fault for the accident. However, there is a certain portion of it called “deductible”, which you have to pay. You can only acquire this deductible back if the other driver has insurance, or you win the case against the driver, and he has the required assets or funds to cover the cost.

When you and the other driver, both have insurance, then it is better to claim from the insurance company of the other driver, as you will not have to pay the deductible from your own collision insurance. Additionally, the insurance company of the other driver will have to pay for a rental car, until your car is repaired.

If you have caused the accident, then you have no way of recovering the damages to your car, unless you have signed up for collision coverage. This being no-fault coverage, your insurance company will have to pay for the damages to your vehicle, minus the deductible. 

Some states do not have restrictions on golf cart movement with the result they are not confined to cart paths and fairways of a course. With the sudden increase in golf carts the number of accidents has also risen. Golf cart accidents and injuries take place for the following reasons:



Crashes between two golf carts

Golf carts running over pedestrians

Golf carts being hit by cars when crossing a road

Passengers thrown from carts

Passengers being pinned under carts after being thrown from them or when they have tipped over

Golf court races

Golf court aggressive driving

 

A Stark Situation Glaring You in the Face

 

Injuries from golf cart accidents could be serious enough to cost you a lot of money and it is even worse if it is not even your fault. You might have to spend on medical bills and lose income because of having to stay in a hospital or at home till you recover. Your recreational activity could end up costing you.

 

First Thing is First

 

Golf cart accidents are caused because of a number of reasons like negligence in the part of the golf cart operator, a defective golf cart, potholes or obstructions, or just general carelessness. In some states motorized golf carts are considered dangerous instrumentality which require the operator to exercise maximum care because of the inherent dangers in operating them, and because they are open and lack passenger protection. Golf cart accidents have resulted in lacerations, broken bones, injuries to the face and back, road rash, and fractures. If you are involved in a golf cart accident the first thing you need to do is to have yourself examined for an injury and obtain appropriate medical treatment.

 

Every Situation is Different

 

If the accident was caused because of negligence you might be entitled to file for compensation under injury law. A personal injury attorney will advise you if you have a valid case and will draw up a suitable claim which will include compensation for medical expenses, loss of income for time off from work, and compensation for pain and suffering. Claims can be raised against negligent cart operators, cart manufacturers, course operators, property owners, and car owners.

 

Cardinal Information

 

Do not quit, sign any paper work, or hand over any critical information until speaking to a dedicated and understanding attorney. 

In Arkansas, all drivers are required to carry auto insurance with certain minimum coverage. As Arkansas is a comparative-fault state, the party who caused the accident must provide compensation for the victim(s) for their injuries and property damage. Ideally the at fault party will also be insured, so the insurance company of the at fault driver will pay compensation to the plaintiff or victim.

When an Arkansas driver is injured in an accident, he or she can opt to:

  • File a claim with the insurance carrier of the at fault driver
  • File a claim with one’s own insurance carrier who will in turn claim reimbursement from the insurance company of the at-fault driver
  • File a personal injury lawsuit against the at-fault driver or his insurance carrier

Auto insurance coverage in Arkansas has the unique characteristic of following the insured person around. This means that the insured person could be injured while travelling in another person’s car, and can still claim benefits from his own insurance company. Coverage for children is usually connected with their parent’s coverage, and compensation can be claimed if they are injured in an accident while going in their parent’s car or any other car.

In Arkansas, auto insurance is mandatory, and all drivers must carry minimum coverage:

  • Bodily injury coverage of $25,000 per individual
  • Bodily injury coverage of $50,000 per accident where more than one individual is injured
  • Property damage coverage of $25,000 per accident

These amounts cover the liability of the insured, if he or she is at fault for the accident. Usually, victims claim compensation from their own insurance carriers, who in turn seek repayment from the at-fault driver’s insurance company.

Texting while driving is an offense in most states. If a driver has an accident while texting behind the wheel, the driver will almost certainly be held at fault. In such a case the driver can be sued and is liable for a host of damages under personal injury law. Make no mistake about this; this is the driver’s fault. It is not the device’s fault nor the person they are communicated with or anything about this technology. If you are operating a moving vehicle, you should not text messaging anyone.

 

Tragic but Going too Far

 

However the person who sent the text message which the driver was reading at the time cannot he held responsible (as just mentioned). A case in point was the recent decision in a lawsuit filed in New Jersey. The facts of the case were that a couple, riding a motorcycle, was hit by a car whose driver was distracted by reading a text message at the time of accident. The couple both had to have limbs amputated for which their personal injury attorney filed suit against the driver of the car. The suit was later amended to include the sender of the text message.

 

Good Call Your Honor

 

The couple’s attorney argued that the driver and the other person sending the message were exchanging text messages at the time. The other person should have known that the driver was driving and texting, and so putting others on the road at risk. By texting the other person aided and abetted the driver’s negligence and was “virtually present” and also responsible. The judge however refused to accept this argument and ruled that the other person was in no way responsible and not liable to pay compensation. The judge maintained that the couple who suffered serious injuries could not sue the person who sent the text message which the

driver was reading at the time.

 

Preparing for a Legal Dogfight

 

If you are ever involved in an accident caused by a driver distracted by texting or speaking on a mobile phone then you have a good chance of becoming compensated for your injuries and other issues. You need to speak to a personal injury lawyer who will advise you if you can make a claim and under what angles and legalities you could demand monetary compensation.

Drunk Driving and its Impact on Others

 

Drunk driving accidents are becoming increasingly common in the United States. Statistics suggest that 30 percent of Americans will encounter an alcohol-related accident in a motor vehicle at some stage of their lives. The National Highway Traffic Safety Administration reports that 1,700 Americans lost their lives in auto accidents in 2005. About 75 percent of these deaths were caused due to accidents where the driver was intoxicated with blood alcohol concentrations (BAC) of 0.08 percent or more.

 

The Luck Runs Out

 

Alcohol in the bloodstream impairs a driver’s judgment and delays reaction time. This is a serious impediment which puts other drivers on the road at risk. A driver might be lucky enough to not have to encounter any situation which tests his/her reflexes, and gets away without being in an accident and putting someone else in the hospital (no one really cares if they end up putting themselves in the hospital). But driving on the road is not always smooth sailing and sometimes the luck runs out – often times to an innocent person’s detriment.

 

Terrible Scenarios

 

Every driver would at some stage have encountered a situation which would call for a quick response to something unpredictable when operating a vehicle. Accidents occur when a driver is intoxicated and unable to respond to such a crisis because of slow or impaired reflexes. Unfortunately, it is often the innocent drivers or passengers who suffer catastrophic injuries because of drunk drivers. The worst part is, the drunk driver does not even realize it until after they sober up. Once in a while they even get away with it because they keep on driving and witnesses and evidence is scarce.

 

Locating a Talented Auto Accident Attorney

 

If you have been involved in an accident with a drunk driver, the driver will be punished for violating the law and causing the accident. But a criminal court will not compensate you or anyone injured in the accident. In a situation like this you need to see an accident lawyer to hold the drunk driver responsible and compensate you for your injuries, suffering, and financial impact in your personal and professional life.

 

Seeking Financial Justice

 

In such accidents speak to an accident attorney before you speak to an insurance adjuster. Insurance companies are notorious for trying to settle claims for the least amount they can get away with. You might, with proper legal advice, be able to recover compensation on various counts including hospital treatment, ongoing medical costs, and lost wages, amongst others. This is the logical path you should be on and you will most likely be as motivated as your car accident lawyer is in seeking retribution. 

Even though texting while driving is an offence in most states, a huge majority of drivers still do it, putting other road users at serious risk as well as pedestrians and innocent parked cars. That may sound humorous but it is not funny when you hear a crash and you run outside and see your car smashed in. Strangely enough, and knowing the risks involved, many drivers are unable to resist the ring of a cell phone even when in heavy traffic or driving at full speed. The staff of Car and Driver magazine conducted a study and documented just how dangerous it is to use a cell phone when in control of a vehicle (or trying to remain in control).

Texting Compared to Being Drunk

The magazine investigators fixed a red light on a car to indicate to the drivers when to apply the brake. Times taken were recorded between the time the light went on and when the driver hit the brake, under four conditions - when the driver was sober, when reading an email, when sending a text message, and when legally drunk at .08.

 The results were:



Sober 0.54 seconds

Legally drunk – add 4 feet

Reading an email – add 36 feet

Sending a text message – add 70 feet

At a Crossroads

The American public agrees that drinking and driving is a dangerous offense. But when it comes to talking on a cell phone or texting while driving, the majority is undecided. Unfortunately, it will need a lot more accidents and deaths to change this mindset.

The conundrum is when someone is stuck in traffic going about 5 to 10 mph or even completely stopped! Or how about stopping at red lights? This is what cell phones were made for.

A Powerful & Knowledgeable Team Member

Motor vehicle accidents account for the highest number of offenses under theinjury law. If you are involved in a car crash or other kind of motor vehicle accident where the other driver was texting or talking on a cell phone, then get in touch with a motor vehicle accident attorney. You could well be entitled to file a claim for damages through an injury lawsuit. The other driver’s insurance company will in all probability come forward for a settlement to avoid going to trial. Be guided by your injury lawyer who will be able to assess whether the offer they make is fair.

A woman injured in a collision with a drunk driver in Ooltewah, Tennessee was awarded a record amount of $9.25 million dollars by a Chattanooga jury on June 19th, 2012.

Drunk Driving is Severely Frowned Upon

Kevin Davis was ordered to pay compensatory damages amounting to a half million dollars and further punitive damages of $8.75 million dollars. It is the biggest ever punitive damages awarded for drunk driving in Tennessee history. The objective of this enormous award was to serve as a deterrent to others from similar activity. The jury delivered the strongest possible message in unambiguous terms that Tennessee will not tolerate drunk driving.

Brain Dead Decisions

The collision occurred two days before Thanksgiving on Tuesday, November 25th, 2008. Ken Davis, the accused, drank, over a 30-minute period, a half bottle of Southern Comfort whiskey. A few minutes later he climbed into his car and headed for Ooltewah High School. On the way the effects of the alcohol began to take over and he started to pass out. Instead of pulling over he rolled down the window hoping to be revived by the cold air. Instead, he passed out totally, drifted across to the opposite lane and collided head-on into a car driven by an 18-year old student returning home from a basketball game.

A Life Ruined

The accident was so severe, it necessitated the Jaws of Life which was needed to extract the young student from the wreckage. After multiple surgeries and years of physical therapy the victim is able to walk, having to bear permanent pain though. She will never be able to exercise again or indulge in the normal activities she once loved.

The collision caused Mr. Davis’s to be convicted on his third DUI ticket.

From Pain to Payoff

If you or a loved one is involved in a DUI accident, do not allow the law to take over. You need to hire a professional law firm to make this wrong a right. The law will take over the legal punishment but you can sue for punitive damages in a civil case. Your accident attorney will let you know that this individual will face a DUI conviction but that does not bring you much financial relief. This is where a drunk driving lawyer steps into the picture and is ready to make this ugly aftermath a pretty picture in the end. 

Auto-pedestrian accidents are tricky affairs. Unfortunately in one of these, the pedestrian usually is seriously injured or even killed. Huge medical bills are inevitable as is loss of wages for the time away from work. Another possible spin-off is long term injuries which a victim might have to live with for a lifetime. Many such injuries put an end to the regular life the person lived before the accident and deprives them of the normal joys of living.

 

Long-Term Consequences

 

Many victims of auto-pedestrian accidents are confined to wheelchairs for the rest of their lives and are unable to continue working in a job for which they were trained in and that they enjoyed. In some extreme cases victims have sustained brain injuries which have lasting consequences needing long-term therapy. In some cases these injuries are not immediately apparent but begin to appear after some time.

 

Covering All Contingencies

 

Auto-pedestrian accidents are particularly tricky affairs because more often than not the driver tends to recant and deny responsibility. For some reason this is more frequent in auto-pedestrian accidents than in other motor vehicle accidents. If you or someone close to you has been a victim of an auto-pedestrian accident then there’s all the more reason for you to consult an accident attorney as soon as possible. A knowledgeable accident attorney will begin the investigation process immediately so as to gather irrefutable evidence which the driver cannot disclaim easily or at a later stage. While there are lots of very skilled injury lawyers, it is critical to hire one with experience in auto-pedestrian accident cases primarily because of the twists and turns that could take place.

 

Possible Actions

 

Your accident attorney will tell you if your accident is a fit and proper case for making a claim for damages. It’s also important to know who to make a claim against. One can raise a claim against the negligent driver, and possibly the employer of the driver, the owner of the vehicle, or even the manufacturer if the accident occurred because of vehicle defect.

While the 20th century witnessed America’s great love affair with the car, in this century her object of affection has become the cell phone. While there are an estimated 150 million cars on U.S. roads, the country is believed to have about 330 million cell phones. Like oil and water, the incidence of car accidents suggests that the two do not mix well.

Different Tactics

The month of April has been designated National Distracted Driving Awareness Month. It is an initiative aimed at deterring motorists from using cell phones while driving, an act that accounts for a staggering 1.6 million car crashes or roughly 28 percent of all auto accidents in the country. These are directly caused by people texting or using handheld or hands-free cell phones while driving. The April initiative is a joint effort by the National Safety Council and FocusDriven – Advocates for Cell-Free Driving. Both organizations urge drivers to stop using cell phones while driving during April and beyond. Drivers are encouraged to put their cell phones in the glove compartments or trunk or their car and turn them off to avoid having to battle the temptation of answering a ringing phone, e-mail, or text message. Drivers are urged to change their existing voicemail greeting to warn callers that they might be driving, hence, that is why they are not picking up.

Remain Focused

Many drivers view driving, especially in known environments, as a simple, routine task which calls for minimal attention. In fact quite the reverse is true and you are required to be fully focused whenever you are behind the wheel to avoid an auto accident. If you are stuck in traffic though, going 3mph, if you must use your cell phone, then that is a different matter entirely.

A Consummate Professional

Nonetheless, car accidents do occur, a statistic that is vastly increased by cell phone users while driving. If you are ever involved in an automobile accident you should immediately contact an auto accident lawyer. There could be implications relating to personal injury to yourself, your passengers, or those in the other vehicle. These could have far-reaching consequences which you might not be aware of. A car accident lawyer knows precisely what the stakes are and is best placed to protect your interests.

A person who gets behind the wheel after consuming alcohol is committing a crime. This is one crime which can have disastrous consequences. Everyone on the road is at risk when a person who has drank alcohol is in charge of a vehicle. Drunk driving has accounted for numerous accidents, many of which result in death. Statistics suggest that three in ten Americans at some point in their lives will be involved in an alcohol-related motor vehicle accident.

 

Frightening Numbers

 

Drunk driving is a major cause for concern in the U.S. with the accident rate steadily on the rise. In 2005, as many as 1,700 people lost their lives because of alcohol-related accidents, according to the National Highway Traffic Safety Administration. In three fourths of the cases the driver had a blood alcohol concentration in excess of .08 percent which meant the driver was legally intoxicated.

 

Reaction Times Undermined

 

Alcohol in the bloodstream delays a driver’s reaction time and impairs judgment. Most of the time nothing happens, but situations do arise when something unexpected takes place, and a driver has to react quickly and appropriately. In such situations accidents occur because the driver is unable to respond in an appropriate manner. The result invariably is that innocent people are seriously injured, and at times killed.

 

Different Courts& Avenues

 

Drunk driving is a criminal offense where a criminal court sentences a driver. However, the criminal court has no authority to award compensation to a victim, or the victim’s family for injuries related to the accident or even wrongful death.

 

Common Practice

 

If you have been a victim of drunk driving, or if you have lost a loved one in a drunk driving accident, then you need to contact Taylor King and Associates to raise or make a claim for damages which are well-deserved. You could be entitled to compensation for medical expenses relating to your injuries, and a host of other monetary aspects. Be careful when talking to insurance companies because they would like to settle as quickly as possible, and pay the least amount they could get away with.Even if it is not enough to pay for your professional losses and even your medical bills.

Car accidents always are traumatic. Regardless of the severity of the accident the pain and suffering can be agonizing! The first thing to do is to seek medical attention. Then call a personal injury/car wreck lawyer to evaluate your case. An attorney like Taylor King and Associates in Arkansas can help. You may not feel you are injured badly, but injuries can be deceiving. Then, there is the question of the car. If it is a severe accident, chances are your car is badly damaged and or even totaled. A car wreck lawyer may not be able to provide you with the emotional attachment you had with the car, but can certainly ensure that you are justly represented in the court of law, or mediation, or just a meeting with the opposition, and that you obtain financial compensation for being the victim of this car accident.

True Representation

A personal injury/car wreck lawyer, like Taylor King, represents your case, with your best interest in mind:

 

Send an investigator to the scene of the accident

Have experts reconstruct the accident

Gather evidence

Fight the insurance companies

Let you concentrate on getting better

 

Claim

After the car accident, it is necessary to have your vehicle evaluated. Since you are a victim you may be too dumbstruck and shattered to think logically, car wreck lawyers/personal injury attorneys like Taylor King can help you make decisions when you’re not thinking clearly. Please never sign anything. You could be signing away your rights! If you are injured, medical expenses will be forthcoming and overwhelming. And if your car is also damaged or wrecked, it means you will have an instant transportation issue! A car wreck lawyer/personal injury attorney will work to protect you rights and get you the compensation you deserve.

Their Domain

If you or someone you know has been involved in a car accident and just emotionally and physically devastated, call car wreck lawyer/personal injury attorney Taylor King and Associates at 1-800-CarWreck for the assistance you deserve. 

Taylor King and Associates and the Arkansas law enforcement agencies encourage you to share the road. Statistics indicate motorcycle riders are as good, if not better, than drivers of all other vehicles. Personal injury attorneys understand that it is often hard to receive the full compensation motorcycle riders deserve due to the biases placed against them. Many times, the other driver is at fault because motorcycles are often undetected due to their small size and the car driver’s blind spots.

When it comes to injuries sustained in a motorcycle accident compared to an automobile wreck, a study conducted by the National Highway Traffic Safety Administration concluded that leg injuries are the most common form of injuries in case of motorcyclists. Since there is a minimal protection available to the lower part of the body, motorcyclists injure their legs more than in an automobile accident. Also, since the motorcycle is much smaller than the vehicles on the road, the chances of the motorcycle becoming totaled are high and unfortunately higher are the chances of the motorcyclist becoming severely injured or possibly killed.

Limited Protection

Though protective gear is available for motorcyclists to protect them from collisions, this gear has limited capabilities. And in some cases, defects have been noted and the manufacturers held liable. Helmets, heavy boots, reinforced synthetic jeans, and armor pieces and clothing are just some of the options available. Motorcycle accident injuries often are serious and hit the victims hard financially. Statistics released by the National Highway Traffic Safety Administration suggest that an average leg injury costs around the $20,000 range. Multiple leg injuries cost double and if there is burning involved and skin grafting is required, the costs can increase even more. We are not even considering the financial losses incurred due to lost wages either.

Common Injuries

The following is some of the most common form of leg injuries sustained during motorcycle accidents:

Ankle injury

Broken foot

Damage to knee ligaments

Rupture to tissues and arteries in legs

Bone fractures

Ankle ligament tear

Increasing Your Odds

Just like car accidents, victims of motorcycle accidents can also be compensated for medical expenses and damages. You, however, will need the assistance of a personal injury lawyer/motorcycle accident attorney. For more information, contact Taylor King at 1-800-CarWreck there is no fee unless Taylor King and Associates win your case; they can come to you if you’re too injured to come to them. 

There are different types of car accidents taking place across the country at an alarming rate. Some are minor accidents with some scratches or dents to the cars, while some involve serious physical injuries or even deaths. Irrespective of the type of accident, the police usually show up at the scene of the accident. They are usually called by the parties involved in the accident or by a witness to the accident.

A Critical Artifact

Most drivers call the police because they know the police report is going to be important evidence in proving fault and for claiming damages from an insurance company. Hence, if you are involved in an accident should you talk to the police that show up at the scene?

The Officer’s Objectives

The police are there to conduct a short investigation of the accident and write a report. This report may include who is at fault for the accident depending on the determination of the police officer. The police might also issue a traffic citation or ticket if they feel the driver/s has violated any traffic laws. However, they will also interview the drivers while investigating the incident.

This is not the time to verbally attack the police. First, that could merit you a ticket when you already looking at some financial losses despite whose fault the wreck is. Even if you win the case months from now, or a year later, that does erase the fact that you will be facing some financial issues right in the beginning. You do not need to receive a ticket from the police and if your accosting of the police officer is out of control, you can be arrested.

Nothing would make the at fault driver more happy than to see this. That is akin to giving them multiple Christmas presents. If you are not at fault, just allow the officer to do their job and speak when spoken too. If you do this, you will receive the report that you wished for.

Furthermore…..

You have two options, you could explain to the officer what happened, or you could simply provide your vehicle registration, proof of insurance, and driver’s license. You are not legally bound to give any statement to the police in most states.

Hire an Attorney

If you do not say anything at the scene, you always have the chance of telling your side of the story in court. If you choose to say something, you need to choose your words very carefully, and tell only facts. When you want to explain what happened, do not apologize, or claim responsibility for the accident. If you feel you might incriminate yourself by giving an account of what happened, then it is best to say nothing.

It does not matter if you are at fault or not, it is time to pick up an attorney. This is now a somewhat serious legal matter and you are not equipped with dealing with this. This is not your realm. It is not any different than you replacing your roof all by yourself at your home. Would you do that all by yourself if you were not a roofer and have never tackled such a serious project! This is not your profession; neither is the legal world. 

Four-wheeled vehicles usually ignore motorcycles and do not provide them with the required space that they may need for performing required maneuvers for preventing collisions. This is especially true on highways where the traffic is heavy. There is general prejudice for motorcycles, and many drivers are not aware about motorcycle safety, which contributes to the problem. In a collision between a car and a motorcycle, the motorcyclist will usually suffer serious injuries, and often these injuries prove to be fatal.


However, just because a person is driving a motorcycle does not absolve the person from fault. Have you ever seen motorcycle drivers drive their machines through traffic? Have you ever seen traffic blocked up and a motorcycle driver pushing their bike through the lines of cars? Have you ever seen a motorcycle driver squeeze their motorcycle through gaps in the traffic horizontally? It is not often that someone on a motorcycle takes a risk when they should not have done so.


Impatient

Who are motorcycle drivers? Many of them are rebellious and independent in nature. They are often not team players on the road and in the hot sun, they can grow tired of being miserable on that machine. Motorcycles do not have A/C and it would have little effect on the operator if it did. As you know, proper motorcycle clothing is thick and heavy, not conducive to the summer time heat. This can compel a motorcycle driver to push the limit when they are on the road.

But this does not mean they are always at fault when they are in a wreck. Not at all!

Many factors contribute to an accident and investigations are carried out to determine, which driver was responsible for causing the collision. Sometimes the motorcyclist could be partly or totally at fault. However, in most cases, the motorist causes the accident. This is due to certain common unsafe driving habits that include:

  • Tailgating - Cars tend to intimidate motorbike riders when they are in front, and force them to either speed up or change lanes by tailgating. However, a motorcycle can brake much faster than a car, and there may be legitimate instances when the motorcyclist has to come to a sudden halt. This inevitably ends with rear end collision if the car is tailgating.
  • Lane Change - Many motorists fail to notice the motorcycle that may be riding in their blind spot, or they might not pay particular attention and change lanes quickly without seeing properly. This is another major cause of car and motorcycle collisions.
  • Not Yielding at a Turn - Motorists in many instances fail to see bikes in the oncoming lane before they make a turn. Such collisions are especially common during a left turn.


No Assumptions
Motorcyclists too acknowledge the fact that it is difficult for motorists to see them and hence need to adjust their driving accordingly. In a collision, all these factors are considered before determining who is at fault for the accident.

Drivers are expected to exercise more caution where there are pedestrians or in places where pedestrians might be present. However, pedestrians can also be at fault in certain circumstances, and in certain instances, the pedestrian might be even held liable for damages to the car driver and anyone else.

Duty of Care of Car Driver

According to personal injury law, the driver is responsible for exercising reasonable and due care while driving. The driver will be held to a standard that is expected of a normal prudent person under the given circumstances. Normally a prudent person will be extra cautious when he or she is driving near pedestrians and keep the vehicle under solid and stable control.

It is not always the speed that matters but the level of vigilance. For instance, a driver might be travelling at 20 miles an hour and still fail to see a kid who is trying to cross the road ahead. A cautious driver will slow down the car further and wait for the kid to cross.

Responsibility of the Pedestrian

The pedestrian could be held responsible for the accident if he or she acts in an unreasonable manner, which makes it impossible for a careful driver to avoid a collision. For instance, if a driver is travelling at the speed limit, and a pedestrian suddenly runs out onto the road from behind a parked vehicle, the driver cannot be held liable. The driver may not be held liable fully in similar circumstances, even if he or she is travelling above the speed limit. In such a case, both might be considered to be at fault in different degrees.

Secondly, if the pedestrian behaves in an unreasonable manner, which forces a cautious driver to take evasive action and such action causes an accident, then the pedestrian will be held liable for the damages. 

A motorcycle rider can sustain very serious injuries in an accident, and many times, it can even result in lifelong disability or even death. Even though riders of all vehicles have the same legal right in using roads, motorcycle riders end up becoming critically injured in collisions.

Most of these accidents are due to collision with cars and trucks, and most of these are caused by the fault of the car driver. The probability of fatality or serious injuries in an accident is 25 times higher for motorbike riders than car drivers. If you are riding a motorcycle and get into an accident, it becomes very important to prove that you are not at fault, so that you can obtain compensation for your injuries.

Speak the Truth

The first thing you should do after the accident is to wait for the medical team to arrive and seek medical attention. If you are able to move around talk to the other driver/s and get their contact details along with the details of their insurance company. However, the most important thing to do is give your account of what happened to the police officers who have arrived at the scene.

Make sure they include your side of the story in their report. Later you will need a copy of this accident report to strengthen your case. Next, try to photograph the accident scene from different angles on your cell phone. The photos you take should tell the story about how the accident occurred, and how the other driver was at fault.

This is just building your case. This is just utilizing your resources. If you are the motorcycle driver you have to proceed as if you were any other driver on the road.

Talk to the Arriving Accident Police Officer

If you are too injured to move around under your own power, explain to the police officer what happened so they can build the case for you. You can always come back to the scene a couple of days later to take some pictures and perhaps find any evidence that will bolster your motorcycle accident case.

If you have a digital camera on you then you should use this device to start verifying what you say is true. You want to paint a complete picture on what happened and when you hire an attorney, make their job that much easier.

Covering Your Bases

Lastly, try to pick up some statements from people who witnessed the accident, along with their contact details. Even if these witnesses refuse to give testimony in court, your lawyer can subpoena them later and attain their statements. Use the legal system on your behalf. Photos of the accident scene, witness testimonies, police and your medical reports will provide the evidence required for proving fault of the other party.

The condition of certain roads can be quite deplorable, which can cause automobile accidents of all types. The road might have potholes, could be designed badly, have missing guardrails, and this frightening list could continue. All such conditions will not only cause serious car damage but also injure drivers and passengers of the vehicle. Sometimes the main cause behind the accident between two vehicles could be poor condition of the road, as well.

Different Municipalities and Departments

Hence, in such situations who is liable for the accident? It will be the department or organization in charge of maintaining the particular road. Roads are maintained by the state, city, or county authorities, and sometimes the responsibility could be shared between two authorities.

Who is at Fault?

For instance, the state authority might be in charge of paving the road and fixing potholes, while the city authority might be in charge of clearing the ice. Therefore the first step would be to determine, which government agency is in charge of maintaining the road, and whether such agency can be sued.

The Difficult Part

Once the agency responsible for the road is determined, and it is legal to sue such an agency, then the next step would be proving negligence on the part of the agency to maintain the road. This means the agency designed the road in a faulty manner, or failed to repair the road when it should have or could have done so. The plaintiff will also have to prove that the condition of the road was the direct cause of the accident and no other factors were involved that could have caused the accident.

Performing Your Duties

Proving negligence of a government agency is not an easy task, and in certain instances, it will be difficult for the agency to discover the problem in time. For instance, if the accident has been caused by a fallen tree lying on the road, then sufficient time should have elapsed for the agency to discover the fallen tree.