6 Deadly Mistakes to Avoid While Driving

Road Traffic Accident (RTA) is very unfortunate and can leave you with serious personal injuries. No matter how good a driver you are, you may still involve in an accident which might not be your fault.

According to a report published by Department of Transport, in 2009 (UK) 2,222 people were killed in road traffic accident of which 1,059 people were car drivers and around 222,000 people were suffered personal injury in road accident in 2009. Based on this report we can say that RTA is very common.

Most of the accident happens due to the fault of the driver. Main reasons of RTA are

  1. Drink and Drive – It is one of the most common cause of accident. After consuming alcohol our reflexes becomes slow and we take time to react. Even the movement of our eye muscle becomes slow and we are unable to see clearly. Our eyes, hands and foot lack proper co-ordination and we are unable to judge the position of our vehicle, its distance from the other vehicle and road signals.
  2. Signal- Break – When a vehicle try to pass through red light he not only risk his life but also the life of other drivers.
  3. Weather conditions – Sometimes due to severe weather conditions like icy roads, fog or heavy rains makes driving dangerous, always try to avoid driving in bad weather conditions.
  4. Tiredness – This is one of the most common reasons for road traffic accidents. When you are tired you tend to fall asleep on the wheel and this lead to major accidents. If you are feeling tired always take a break.
  5. Use of Mobile – If you talk on your mobile while driving even if you are using a hands free your concentration breaks and that might lead to road accidents.
  6. Over Speeding – This is also a major reason for road traffic accident. Over speeding at junctions, roundabout and while overtaking not only put you at a far higher risk but also other drivers on the road.

If you have been involved in a road traffic accident which is not your fault, then you are entitled to claim compensation from the insurance company of the driver who was at fault. There are lot of

4 Most Common Extraordinary Automobile Accidents Circumstances

In some situations, auto accident litigation may be a relatively simple type of case. But it can become much more complicated in cases involving substantial injuries with questionable insurance coverage limits on the other vehicle. The following article will discuss 4 main extraordinary circumstances that can often add complex issues to an already emotional and physically painful time following an accident. However, understanding these 4 situations can help make the aftermath of an auto accident and its subsequent injuries a much smoother experience.

Leased Cars

Not only is the operator of the at-fault vehicle responsible to anyone injured in an auto accident, but the owner of the vehicle is also responsible. The owner is responsible for the negligence of the operator, when that operation occurs with the permission of the owner. This is extremely important when the vehicle at fault is leased.

These days, there are a great number of cars and trucks on the road being driven on a lease basis. Because of this, it may be critical to go beyond the name on the registration to find out the exact owner of the vehicle. It is a fact that when a vehicle is leased from a big car company, the registration will simply bear the name of the user of the vehicle, the lessee. However, the actual owner of the vehicle, the lessor, is usually a major corporation with unlimited insurance coverage.

It is unfortunate for the severely injured victim when, as happens many times, the at-fault vehicle’s actual ownership is never discovered and the additional insurance is never disclosed.

Business Vehicles

Though it is common for companies to put their names in bold letters on their business vehicles, it is not always the case. When accidents occur, many times there is no indication that the vehicle was being used for business purposes. In fact, it may appear to the casual observer that the vehicle was not being used for business at the time. The only way to find out if the vehicle was being used for business is doing an in-depth investigation.

If a vehicle is being operated by an employee during the course of his or her employment, then the employer may be “vicariously responsible” for the negligence of their employee in operating that vehicle. It is very possible that the employer has additional liability coverage far exceeding that of the driver. An “excess” insurance policy may also exist.

Defects

One of the causes of an auto accident may be a highway defect, such as improper design, maintenance, construction, signage, or lighting. Liability may also be based on improper striping on the road’s passing lanes, a hill that impairs driver visibility, a sharp obstruction or problem with the roadway that obstructs drivers’ vision. Trees and utility poles can also cause problems when planted or erected too close to the roadway.

The Seatbelt Defense

While seatbelts and airbags provide an important function and do prevent serious injuries or death to people involved in accidents, they are not guarantees that you will not be killed or injured in a serious accident.

Seatbelts and airbags can fail or cause injury in and of themselves. But yet, the seatbelt defense, often used by attorneys defending at-fault drivers, seeks to establish that some, or all, of the plaintiff’s injuries were caused by the failure to wear a seatbelt.

All in all, it is essential that a routine investigation be done, in any case involving a vehicular accident. Police records must be obtained, witnesses interviewed and photographs taken immediately of the accident scene and damage to the vehicles. Prompt contact must be made with the insurance company of the negligent driver to learn of the available coverage limits and attempt to find out additional information from the adjuster regarding possible other areas for coverage. Many times, the at-fault driver’s insurance company adjuster will attempt to record a statement from the victim, without advice of counsel. This should never be permitted.

The Difference Between Economic and Non-Economic Damages

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again. But we all know this isn’t always possible. Sometimes, damages are more than just financial and a victim can never be the same after a serious accident. This is why several types of damages exist in accident law, and are awarded in successful personal injury cases.

But many people are confused about what the term “damages” represents in personal injury law. Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

What are Damages?

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, one’s damages will be either economic, non-economic, or both. Here is a brief overview of the differences between the two categories of damages, and examples of each:

Economic Damages

Economic damages are for tangible financial losses. Losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Economic damages include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident. Although punitive damages are still paid to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the particular negligence involved in the case.

Trust a Seasoned Accident Attorney

Call a reputable personal injury law firm for information and advice about a recent serious accident or injury you or a loved one may have experienced. You may be entitled to compensation for your economic and non-economic losses.

Looking Through the MIST – Minor Impact Soft Tissue Injury

As a personal injury attorney in California I, or an attorney anywhere else for that matter can tell you, low impact cases resulting in soft tissue types of injuries, including whiplash, are specifically “red flagged” by the insurance industry as cases meriting special attention. Such cases have been labeled by the code word “MIST”, short for Minor Impact Soft Tissue injury. The idea behind the “MIST” injury originated with insurance companies to allow for lower pay outs for claims resulting in little or no damage to the vehicles involved in an auto accident, and to also permit the insurance companies to pay less for injury claims that cannot be easily seen by the naked eye.

MIST cases are typically denied in their entirety by the defendant’s insurance company. If the MIST claims are not denied categorically, the defendant’s insurance company will often make an extremely low offer to settle, often not enough to even cover all the related injury expenses. This holds true even in cases where the defendant is clearly at fault in the accident. What can be even more frustrating is the fact that often, fault is admitted by the defendant in the accident. The insurance companies simply state that these “low ball” settlement offers are in keeping with what they see jury verdicts rendering in these kinds of related personal injury cases. As a result of the difficulty in litigating MIST injuries, many personal injury attorneys will no longer accept auto accident cases involving low property damage to a vehicle when the injury involved is a soft tissue injury.

The difficulty of litigating soft tissue injuries creates a quandary, leaving an auto accident victim with only two options: accepting the insurance company settlement offer or proceeding to take the defendant to court. Although one does not have to accept an insurance company settlement offer, there are a several facts to keep in mind during the decision making process. The first thing to remember is that going to court involves a substantial commitment of time for both the representing attorney and the recovering client. The second idea to consider is that bringing a case to trial and ultimately through to a verdict is often costly in terms of the expenses required to so, including but not limited to the costs of specialists, medical experts, and accident re-constructionists. Thirdly, it must also be noted that litigation can be risky and that there are absolutely no guarantees as to a successful result. It is up to the client to request their personal injury attorney to proceed through a cost-benefit analysis to determine if the case can be successfully litigated in a cost effective manner.

For victims of MIST injuries, it is important to engage in an active discussion about the possible outcomes of the options comprising soft tissue litigation. It is also important that one question their attorney about the bottom line when obtaining advice for an appropriate course of action to best resolve the soft tissue injury case.

The Most Common Causes of Small Aircraft Accidents

Many people have deep rooted fears of flying. Some people even refuse to ever put a foot on a jet plane and instead choose to drive very long distances instead if they have to be somewhere. The ironic thing about avoiding flying on a large plane is that you are statistically far more likely to die in a car accident, especially if you are travelling great distances in short amounts of time as when traveling. The only time when fear of flying is actually rational is when flying in small aircraft.

While it is very unlikely that you will be in an accident while traveling on a large plane, if you frequently take out or ride in small aircraft, the likelihood of a serious injury or death is relatively large. Because operating a small aircraft is so inherently dangerous, only the most astute pilots should do it. The slightest error on the part of a pilot can lead to a deadly crash. The most common cause of airplane accidents are pilot error and a pilot who engages in negligent behavior that results in a plane crash can be sued in a personal injury lawsuit for injury or wrongful death if a passenger is hurt, or if, in the case of a airplane on airplane collision, anyone in the opposing aircraft is injured or killed.

Why Airplane Accidents Happen

The most common reasons for airplane crashes resulting in serious injury or death include:

– Pilot error-this includes bad decision making on the part of the pilot when it comes to things such as bad weather, landing or checking for air traffic

– Faulty equipment-it is up to the owner of the plane to ensure that the equipment on the plane is up to part before it is taken out

– Violations of FAA regulations-these regulations are in place to keep everyone in the air and on the ground safe and should be followed very closely

– Design or structural problems-this is often a problem with plane owners who choose to fix their own planes or built their own planes rather than hiring a professional

– Air traffic controller error

– Third party carrier negligence

– Maintenance or repair negligence

– Fueling error

Physical and Psychological Injury in a Workplace Accident and the Help of Defense Lawyer

It is known fact that accidents in workplace occur very frequently. Most of the people believe that workplace accidents happen only to people who work in complicated jobs such as construction, health care workers or motor vehicle drivers. Work injuries can occur in any work environment. Such accidents may lead to both physical as well as psychological injuries.

A Physical injury causes pain of varying intensity to the individual whereas a psychological injury greatly differs to the effect caused by physical injury. Physical injury can be identified immediately whereas psychological injury takes couple of weeks, months or in some cases it may even take years after the event took place. An individual who is exposed to a traumatic event or a series of traumatic events may directly have an impact of psychological injury. The most common root causes of psychological injury crop up from abuse in the physical, mental and sexual context. On the defense side, Psychological injury claims are sometimes difficult to disprove.

Any injury whether it is physical or mental would only affect the productivity of the person involved in the accident. As such this would financially affect him or her. Whoever who is affected in such a way that he may not be able to perform his duties properly will be prone to psychological injury as well. Accident injury attorney or work injury attorneys help us identify if we are affected by any kind of personal injury or loss of money due to a workplace accident. If the individual is injured by the actions or carelessness of another person, then the injured person is eligible for personal injury claim. Physical damages such as pain and suffering, short or long term disabilities, emotional or psychological injury are part of personal injury claims. Regardless of the injuries incurred are minor and temporary, it is most important to file a personal injury claim that may award considerable financial compensation. Claim for compensation after an accident that was not your mistake is your civil and legal right.

To protect the victims of accidents that occurred with no fault of their own, Personal injury laws was put in place to safeguard them. Accident Consultant will do everything that they can to make sure your claim, a success.

Based on the case, most of the personal injury attorney specializing in personal injury work on contingency, or they may demand some percentage of financial damages awarded at the end of the claim. Court system is little expensive by taking a claim through several hearings and it may be extended to several months or several years. But it is always worth to seek the help of personal injury lawyer so as to provide proper representation in the legal proceedings.

Most of the personal injury law firm focuses on complex personal injury litigation such as for premises negligence and transportation liability, medical malpractice, wrongful death, product liability, including car-truck collisions and train accidents. It is the duty of the person seeking legal assistance to check all these matters before approaching the lawyer so that he or she can be sure of the service quality of the defense lawyer they have chosen for legal representation.

Common Car Accident Injuries

Car accidents are a part of modern living and can happen to anyone at just about anytime. Many car accidents are minor, with the car suffering more scrapes and bumps than any of the passengers, but the risk of injury is real for anyone on the road.

The most common injuries sustained in car accidents are to the neck and back. Whiplash is the most common and occurs when the head is suddenly or violently thrust forward and then backward when a car is rear-ended. The neck hyper extends and the delicate tendons and muscles can be damaged even at speeds as low as 15 mph. Symptoms of whiplash include swelling, neck pain, tenderness in the back of the neck, muscles spasms in the side or back of the neck, difficulty moving the head and neck, headache, and shooting pain from the neck down the arms. The neck can also be sprained, strained, or fractured and produce similar symptoms. Back pain is also a common injury and symptoms like pain and soreness may indicate a more serious injury.

Legs, knees, hands, arms, and heads are also susceptible to injuries as they may come into contact with hard surfaces during the collision. A concussion is also common in collisions where the head strikes a hard object and victims need to be closely monitored if this is the case. Concussions can get worse over time, and a doctor can instruct you on signs to look for. Any body part can get bruised or cut.

It is always important to seek medical care after a car accident if you feel pain or stiffness, even if it doesn’t appear right away. You may be in shock or get a rush of adrenaline right after the accident and not realize you have an injury. Imaging tests like x-rays can show if there are any fractures, but more expensive tests like an MRI or CT scan will be needed to show soft tissue damage. If the injury is relatively mild, rest may be the best cure. A doctor can prescribe medicine like muscles relaxers and painkillers to allow the damaged muscles to relax and you get some rest. For more severe injuries, physical therapy may be needed after a period of rest to regain strength and mobility. Muscles and tendons that are damaged may take a while to heal and it is important to follow the advice of the doctor to heal properly.

Lawyer – Legal Options After a Car Accident

Any number of injuries can occur as a result of a car accident. You can have serious neck and back problems, headaches, broken bones and even more serious issues. This results in time away from work, expensive medical bills and even emotional trauma. If you have been injured in a car accident that was not your fault, you can sue for monetary damages incurred as a result of your injuries.

It is important to consult with a lawyer who is experienced in personal injury cases because that is what this type of claim is called. If you know for a fact that the mishap was not your fault and can prove it, you have a great case for recouping damages. As soon as it occurs, contact the police to file a report to get the events on record. Just because you have filed a report doesn’t mean you have to go through with the lawsuit, but it is an important tool for your lawyer to use in your case.

It is especially important for you and anyone in your car who was injured to pursue the experienced services of a personal injury lawyer after a car accident. Make sure to document all medical treatment, keep receipts and maintain a file of days lost at work. With this information, your attorney can put a monetary value of your injuries with solid numbers. Your compensation should cover current treatment as well as future treatments and loss of income as a result of the injuries.

When you file a personal injury claim and your lawyer wins your case, you receive monetary compensation for the medical bills and other financial hardships caused by the accident. It does not cover repair of your vehicle. You will handle auto damage as you normally would by exchanging insurance information and having them work out the amount for the damages. However, even in this instance, it will be necessary to prove who was at fault for the accident.

Being in a car mishap where you have been injured is a stressful and traumatic event. Add to that the stress of paying for expensive medical bills and worrying about your job as you are incapacitated. You may get rail-roaded if you deal with the insurance company on your own because they want to pay you as little as possible and may even create doubt about your injuries.

Hiring an attorney who will work for you takes some of the stress away. During your free consultation, he will determine how much your case is worth and decides if he will take it. Once you have notified the other party’s insurance company that you have legal representation, they will likely settle out of court for a fair amount to cover your costs and attorney’s fees. He gets paid a percentage of your award once the case is won.

Caution: Don’t Settle Your ATV Accident Claim Too Quickly

While ATVs (All Terrain Vehicles) have a reputation for being unwieldy and dangerous, it is also an opportunity for a lot of fun. Being properly instructed in how to care for and operate the ATV can make all the difference between having great outdoor fun, or a tragic accident. It’s all too common to hear about a terrible accident with adults and children who have been seriously injured or killed riding these vehicles. People don’t keep in mind that like any other type of vehicle, an ATV can be dangerous. You need to learn how to operate one in much the same way as a car, sports utility vehicle, motorcycle or truck. People don’t just buy a car or other vehicle and expect to take it out and drive it fast and still be safe. They take instruction, pass a test, and practice, practice practice. Unfortunately, this is not always the case when talking about an All Terrain Vehicle.

What can you do if you or your children want to be involved in this fun sport? Learn the right way to operate your vehicle, and learn the laws regarding what you can do and cannot do. Most accidents which involve an ATV are due to the vehicle being used improperly, or by ignorance on the part of the rider. While there are no guarantees for safety, taking sound precautions in operating them will help to minimize the risk of an ATV accident.

According to the American Academy of Pediatrics, no one under the age of 16 should be allowed to operate a full sized ATV. This is one of the reasons that many manufacturers are producing ones that have less powerful engines, which are easier for a child to control. Also, before any child is allowed to ride an ATV they must be made aware of the correct rules and procedures for operating such vehicles. There are many training courses available which will teach the correct procedures for driving and how to handle any problems which may come up. Children and ATVs can have a great time, or be a great danger. Education is the key.

If you have been involved in an ATV accident, use caution before reaching a claim settlement agreement with the insurance company. Do you really know the cause of the All Terrain Vehicle accident? You may think you do, but many accidents are caused by improperly functioning elements of the vehicle. This is certainly a case where you would want to consult with an ATV lawyer who has both the experience with actual cases, and with knowledge of how to use and operate the vehicles themselves.

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