Importance of Local Defense in Vehicle Accidents

In order to create a successful defense strategy, really will depend on the jurisdiction where an accident claim is filed. The attorneys and courts in local areas have a lot of knowledge when it comes to creating liability and having a rock solid defense strategy.  Many insurers find themselves up against the claim that has been filed from one of their insureds.  Make sure to have an attorney that knows the local insurance defense law.  They will know the specific ins and outs in order to help you obtain a quick resolution.  This will protect you as an insurer.

Local attorneys will be able to consider the biases of all facts when creating a defense strategy.  Religion, age, race and other factors may play a large role on figuring the identity of the trier of fact.  Counsel who is familiar with the outcomes of local juror’s, the community, and how compensation is awarded, can help improve a defendant’s credibility.  All familiarities and experience can be used to the insurer’s advantage.

Many defenses to liability vary widely among jurisdictions.  Some of the most common that are used include comparative fault, assumption of risk, and seatbelt laws.

Comparative fault rules vary.  An attorney who is experienced can significantly reduce a plaintiff’s damages.  The plaintiff will be looked at in regard to vehicle condition, inattention, speeding, seatbelt laws and any other factor to show any negligence on the plaintiff’s part.  If the fault of the plaintiff can be proven even somewhat, this can minimize the defendant’s liability.  Plaintiffs are taught to never admit to fault.  It is up to an insurance defense law attorney to help prove that the plaintiff has some fault when it came to their accident and injuries.  If this is successful, they will have their recovery rewards cut by quite a large margin in some cases.

Assumption of risk also varies depending on jurisdiction.  In some situations, assumption of risk may be used as a complete defense against any liability on the defendant’s part,

In most jurisdictions, drivers are required to use seatbelts.  This law includes child safety seat laws as well.  If seatbelts were not used in the accident or a child was not properly restrained, this may amount to comparative negligence.

Counsel who is knowledgeable when it comes to defense liability in a certain jurisdiction is very important.  They will be easily able to create a defense strategy when it comes to motor vehicles accidents and insurers.

Plaintiffs often withhold vital information, which may disqualify them from gaining the compensation that their attorneys are trying to recover.  Let a litigation attorney work for you to protect your rights as an insurer.  The more knowledge that your attorney has the better off you will be in making a case against the plaintiff.  Get started as early as you can.  The longer you wait the more time the prosecution has to continue to build their case.

This article should not be considered legal advice.

Web Resource: Accident Attorneys of the Snyder Law Group. Representing injured victims in Bradenton, FL.

Car Accidents and Injury Law

Car accidents are one of the leading causes of death in the United States.  Thousands of lives are claimed in the United States every year.  There are also numerous injuries that alter people’s lives.  Victims and their families endure a tremendous amount of suffering, emotional trauma, loss of wages, property damage, and medial expenses.

Accidents can occur due to mechanical issues, weather, recklessness, driving under the influence of substances, and more.  Consequences are usually lifelong.  This is if the victim actually survives.  One day a person is fine going about their business, the next minute their life and ability to function have been changed forever.  This can be very hard to take for the victim and their family.  They deserve the law on their side and an attorney to help them make the most of their case.

The driver who caused the accident has to have been negligent when operating a motor vehicle.  This is what will allow a victim to gain compensation.  This has to be proven and can be hard.  The victim’s actions play a role as well.  It does not matter that 90% of accidents are estimated to be out of negligence.

There are varying state laws that make cases more complicated.  Almost half of the states have a set of no fault liability laws.  These laws make everyone involved responsible for their own damages.  This can be challenged.  You will want to obtain an attorney to help you dispute these laws if serious injuries or damages occurred.  Other states have an at fault policy.  The responsible driver is held accountable.  This makes it much easier to recover damages than it does in a no fault state.

Make sure to stay at the scene of an accident, unless taken for medical reasons.  Call the police.  Make sure to obtain all information from involved parties and witnesses.  Record all information as it related to the incident.  Make sure to write down any professional’s information at the scene of the accident.  If you suspect that someone is under the influence, make sure that you let the authorities know right away.  Pay attention to everything that is said.  Never admit fault.  Other people can misconstrue this.  It is best to stay silent and only reveal information to your attorney.  Make sure that you are very cooperative during the investigation.  Contact insurance companies immediately.  Seek medical attention and keep all records of transactions and medical findings.

It is vital to have proper legal representation.  If you do not have the attorney that you need, you will not receive all the compensations that you are entitled to.  Not all victims are fully aware of their claim’s value.  Make sure to have an experienced personal injury attorney.  Make sure to start a claim as soon as possible.  Your case needs to be solid in order to recover for the damages that you have received through the negligence of another driver.

This article should not be construed as legal advice.

Legal Tools: Car Accident Attorney Kristopher Barber. Serving clients nationwide and in Dallas, Texas.

The Relationship Between Personal Injury Law and Car Accidents

Car accidents are one of the leading causes of death and serious injury in the United States. With the loss of thousands of lives and millions of injuries of a severe and even permanent nature each year. Victims and their families often need to endure suffering that goes beyond the accident—pain and suffering is only a small part of what families must face. The loss of earnings, emotional distress, property damage, and substantial medical expenses add to an already stressful situation. In the case of a fatal accident, unexpected funeral expenses and permanent changes in income add even more stress to the situation. It doesn’t matter what the cause of the accident is—the consequences will have a lifelong detrimental impact if the victim even survives the accident.

The statistics the National Highway Traffic Safety Administration reports is quite alarming to say the least. They report that a car accident occurs every ten seconds in the United States and even more alarming is the fact that car accidents are the leading cause of death for those between 7 and 27 years old. In addition more than half of all fatal accidents occur in areas where speed limits are 55 miles per hour or above with alcohol contributing to more than one-third of all fatal accidents. Finally according to the World Health Organization, 2004 statistics reported a worldwide total of 1.2 million people are killed on the roads while approximately 48 million are injured. The statistics are staggering and continue to grow each year.

One of the problems surrounding the personal injury law, especially when it involves car accidents is you must prove that one of the drivers was negligent or failed to exercise “reasonable care.” In spite of those conditions, it is very difficult to prove who was really at fault in an accident even though at least 90 per cent of accidents are caused because of a driver’s carelessness. Differences in state laws can also complicate a personal injury case because even with the existence of no-fault laws in about half the states, those laws can be challenged when there is serious injury or excessive damage. In the remaining states the law holds the responsible party liable for all damages instead of just their own.

If you are involved in a car accident and feel it is the other person’s fault, you may wish to obtain a personal injury lawyer. In many cases your insurance company may provide a lawyer for you in the event you are sued, but you may want to make sure you have your own attorney if you suffer extensive damage or injury or have reason to believe the other driver will try to hold you responsible. One thing you do not want to do is leave the scene except for medical reasons and by all means call the police. Failing to follow the laws of accident reporting will make you not only look guilty but may also force you to answer to the court and pay a fine for leaving the scene of an accident.

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This article was provided by Abrahamson Uiterwyk and Barnes and the experts at Lawyer Internet Marketing.org

Disclaimer:  This article provided by Abrahamson, Uiterwyk and Barnes of Tampa, FL.

Car Accident Lawsuit Funding

Content Provided By LawLeaf

LawLeaf is an on-line lawsuit funding service that matches victims with lenders. If you are currently seeking additional information for a cash advance, contact LawLeaf today at www.lawleaf.com.

There are many things that we can expect in life and a car accident is certainly not one. Car accident lawsuit funding is an advancement of cash prior to a settlement of a lawsuit. Over the last 10 years we have seen an increase of car accidents throughout the United States. As the rise in population increases so does the demand for transportation. It is quite simple, the more cars that are on our highways and roadways the better chance there are for car accidents.

Weather conditions, traffic patterns and multitasking are several reasons why car accidents occur. Whenever you get behind a wheel of a car it is imperative that you use caution when driving. Unfortunately for many people caution is a secondary instinct and negligence takes over. When someone is a victim of a car accident due to the negligence of another driver, they have the right to hire legal representation. An attorney can assist in evaluating your case and filing a claim against both the driver and the insurance company of the driver.

While many accidents turn out to be fender benders, there are unfortunately some that can cause catastrophic injury. When involved in such an accident there may be a long rehabilitation process which means your settlement will take just as long. An attorney will typically consult with their client and recommend they go through months or even years of physical therapy prior to a settling a case. The reason why most attorneys recommend a rehabilitation process is so their client can claim ongoing medical expenses without having to settle a case prematurely and risking getting stuck with these bills.

As many people know severe injury could result in loss wages or loss of job. While the victim is rehabilitating their injuries they also need to consider their financial position. For some people that are financially struggling lawsuit funding for a car accident could make sense.

Car accident lawsuit funding is a loan against a case that has not settled. For instance, if you were injured and needed money, car accident lawsuit funding could help pay for bills prior to a settlement. Another phrase for this type of loan is a car accident cash advance. Money that is loaned to you with the understanding once a case is settled you must pay back that loan.

There are many misconceptions about lawsuit funding. The first is that the rate of such companies charge higher than standard loans from a bank or even credit card company. While this is true for many cases, oftentimes, car accident lawsuit funding can offer lower rates than a standard loan and certainly that of a credit card. You may also hear that if you lose your case you still have to pay back the company that provided funding. There are many lawsuit funding companies that offer non-recourse funding. This type of funding means if you don’t receive monetary compensation from your case, you don’t pay back the loan.

Consider the following: If you are involved in a car accident, can’t pay bills, need your car fixed and can’t provide for yourself or your family, where do you turn. If you have bad credit or no credit a bank or a credit company probably won’t advance you a personal loan. Even if they do, certainly the loan won’t be that of non-recourse funding and oftentimes money is loaned at a much higher rate than a lawsuit cash advance.

There is no question that if you are in the financial position to where you don’t need a cash advance, its better to opt out. However if you are struggling to pay your bills or put food on your plate, certainly lawsuit funding for a car accident is a viable option.

America’s Blindspot: Backup Car Accidents

Backup collisions are when a driver puts the automobile in reverse and runs into an object, person, or other car. All cars are equipped with rear view mirrors which are adequate for detecting vehicles behind a car, but they are often inadequate when it comes to detecting small children or objects that are low to the ground and fall in the car’s blind spot. Large trucks have much larger blind spots that can hide entire vehicles and large adults.

According to research by Kids and Cars – an organization devoted to preventing (non-traffic) motor-vehicle-related deaths and injuries to children – 49% of the non-traffic, non-crash fatalities involving children under 15 from 2001-2005 were caused by vehicles that were backing up. The Centers for Disease Control (CDC) report that from 2001-2003, an estimated 7,475 children under the age of 15 were treated for automobile back-over incidents.

The US National Highway Traffic Safety Administration found that back-up collisions most often “occur in residential driveways and parking lots; involve sport utility vehicles (SUVs) or small trucks; occur when a parent, relative or someone known to the family is driving; particularly affect children less than five years old.” Typically the driver of the car backing up and hitting an object, a person, or another car is usually considered to be at fault.

Prevention organizations suggest that parents use common sense, and also take safety measures such as installing cross view mirrors, audible collision detectors, rear view video camera and/or some type of reverse backup sensors. In addition, safer backing up is done when the driver turns completely around and looks out of the rear window of the car, rather than relying on mirrors. This provides a wider field of vision and better control of the vehicle.

At this time rear-end cameras and audible warning sensors and other technologies that might reduce the number of fatalities are not considered standard safety equipment by automakers and are offered only as optional parking aids in some high-end vehicles. It may be years before they become as ubiquitous as seatbelts and airbags. Audible warning sensors and/or rear cameras are standard in some luxury brands. Warning sensors can add $100 to a vehicle’s price, a camera system about $300. Aftermarket cameras and sensors range from $150 to over $1,000.

Last November the National Highway Traffic Safety Administration reported to Congress that backover accidents are not a recent phenomenon but disputes the idea that the number of accidents is increasing as the size of automobiles and their rear blind spots grow (such as SUVs and minivans). But a study by Consumer Reports magazine suggests that SUVs, pickups and minivans are longer and taller and that their blind zones extend as much as 50 feet from the rear bumper and contribute to poor visibility.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com

Additional Personal Injury Information for Consumers

Special Issues Arising in Car Accident Cases

Car accident cases have many kinds of special issues that arise during litigations. These make litigations for auto accident claims more difficult and complicated.

Car accident cases have many kinds of special issues that arise during litigations. These make litigations for auto accident claims more difficult and complicated.

In these issues, potential third parties spring out to become liable for the injuries incurred by the victims. As such, the litigation process must take steps to consider or hear out these special matters in order to litigate a case, thoroughly.

Here are several subjects occurring from the accident, which usually turns up as the litigation proceedings unfolds:

– Accidents involving hit-and-run – these cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.

– Accidents involving Car-Pedestrian – these kinds of cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the conduct or actions of the pedestrian is also being attributed.

– Accidents involving Car-Motorcycle – Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.

Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.

– Accidents involving Car-Bicycle – like the car-motorcycle collisions, the bicyclist is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist. The car driver’s arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle’s speed.

On the other hand, it is also a fact that some bicyclists engage in dangerous activities while on the road. Noted violations are ignoring of traffic signals and riding on the wrong side. These actions make accidents a possibility.

– Accidents involving buses – The sheer mass and size of typical buses make accidents quite serious matters and attract great attention. Furthermore, bus passengers are most often unrestrained, causing more victims to suffer injuries.

Other accidents, which arouse special issues in motor vehicle – involved car accidents, are the following:

• tractor-trailer and semi-truck accidents
• vehicle modifications involving after-market parts
• road debris accidents

Our Los Angeles Attorneys are expert in handling car accident cases, visit us at http://www.attorneyservicesetc.com/Car-Accident.html

Know the Most Possible Causes of Car Accidents

With due consideration to the fact that one of the foremost personal injury claims and lawsuits in the U.S. involve car accidents, you have to be on your guard in preventing such occurrences.

With due consideration to the fact that one of the foremost personal injury claims and lawsuits in the U.S. involve car accidents, you have to be on your guard in preventing such occurrences.

A wide variety of events can turn into accidents. Particularly concerning automobile accidents, many possible situations can also arise to cause it.

Here are some of them:

• Driver Error – this unfortunate occurrence is among the universal causes of car accidents.

The usual errors committed by drivers which significantly contribute to crashes and other automobile accidents include the failure to give way or abide by the right of way, following another vehicle without putting considerable distance, speeding or driving past the recommended speed limit, unsafe passing, and flagrant disregards of set-up devices for traffic control.

• Distractions – there is a greater chance of an accident occurring once the driver’s attention wavers or becomes diverted. Diversions or distractions of the driver causes for him to lose focus on the business of driving and being aware of the road or highway.

Distractions need not only be from inside the car, it may happen, when something from outside the car claimed the driver’s unwavering attention. Distraction may also occur from within the car. Activities like looking for something or attempting to read or putting on some make up while driving, changing the CD in the car’s player, dialing or talking with someone on the mobile phone, attempting to soothe an upset child or calling out to an unruly child or person inside the car.

• Intoxication – most people lose the ability to drive well after consumption of some intoxicating substance like drugs or alcoholic beverages.

• Bad weather – conditions of the weather also contribute significantly to a car accident. Foul weather more often interferes with the visibility diminishes the traction in the surfaces of the road and makes it quite difficult to drive an automobile with ease.

Drivers must give considerable allowances to the effects of the weather. It could result to slippery road surface or great gusts of crosswinds. Weather is known to create unforeseen hazards. Drivers might not detect flash floods and black ice easily until it is unavoidable.
Other frequent causes of car accidents are the road design and road conditions, and defects in the vehicle not immediately recognizable.

It is essential to know the universal causes of auto accidents. You may not foresee an accident from happening, but it pays to think ahead and be cautious enough and learn the things you should be alert about.

Our Los Angeles Lawyers specialize in handling car accident claims. For more information log on to http://www.mesrianilaw.com/Car-Accident-Claims.html

Car accident claims and the compensation culture

When you think about it, the roads really are a dangerous place. It might feel like you’re safe as houses whizzing along in that little metal box that is your car, the trees flashing by and the flies splatting against the windscreen. But the sad truth is that you’re nothing but a tiny ant crawling precariously along under Fate’s giant hairy toe. One wrong move and that’s it. You only need to pick up any newspaper or watch the local news to find that out.

And that’s why there’s a need for car accident claims.

Recently there’s been lots of talk of a so-called ‘compensation culture’, with people from here, there and everywhere moaning that the UK is following in the footsteps of the United States and shortly everybody is going to be suing everybody else.

Fair enough there might be one or two compensation claims that hit the news for their weird bizarreness and seeming immorality, yet 99.9% of the claims that are made in this country are completely justified.

Despite media reports that the personal injury compensation industry consists purely of fat kids suing fast food takeaways for not telling them burgers were unhealthy, and coffee drinkers who demand money after not being warned that a boiling hot drink might actually burn them, the reality is very different.

These tabloid-inspired assumptions couldn’t be further from the truth, especially in the area of car accident claims for compensation. Every day thousands of people suffer personal injuries on Britain’s roads, many of them caused by irresponsible and reckless driving.

There are those that insist on sending text messages whilst cruising along at 80mph, there are people who think it’s okay to neck a few shandies before getting behind the wheel, there are drivers that think they’re Nigel Mansell reincarnate and there are even motorists who see the roads as a war zone and all other drivers as enemies that must be beaten.

It is drivers exactly like this that cause the majority of car accidents in the UK so is it not only right to make a compensation claim if you’ve been injured and unable to earn a living?

Spare a thought for the young father who’s unable to earn a living to support his wife and newborn baby after a lagered-up driver smashed into his vehicle, causing massive personal injuries and confining him to a hospital bed for months. Is this seriously injured young man just encouraging a compensation culture by making a car accident claim and ensuring that his family are kept fed and watered?

What about the teenager in his GCSE year who was hit by a car whilst innocently making his way across a pedestrian crossing on his way to school? Is he just lining the pockets of fat cat personal injury solicitors by making a compensation claim that will enable him to get extra tuition to catch up on the vital schoolwork that he missed whilst on a life-support machine with serious brain injuries?

And is the lady who was waiting patiently at traffic lights when her car was crushed by a lorry with faulty brakes really just playing the system for all she can by making a car accident claim for the compensation that will help her to buy a house suitable for somebody who can no longer use their legs?

When you take accident claims like this into account – and these examples are by no means rare – it puts a bit of a different tint on the so-called compensation culture.

So next time your narrow-minded old uncle or annoyingly opinionated work colleague reads the paper and starts banging on about the compensation culture and the downfall of society, just remind them of the truth about car accident claims and cross your fingers that they never need to be ringing a no win, no fee firm to make a compensation claim.

This article may be published on another website free of charge, on the condition that a link is provided from this article to our website: http://www.car-accident-claim.com

This article may be published on another website free of charge, on the condition that a link is provided from this article to our website: http://www.car-accident-claim.com/car-accident/a-look-a-car-accidents-in-wet-weather.htm