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New York Automobile Accidents

Most auto accidents are simply sorted, but some can change into a live changing event. Making sure you do the correct things to protect your self in the event of a problem is the only way.
An auto accident is sometimes a straightforward routine case or at times can be a particularly complex matter.
The statute of constraints, which is the cutoff point in which a legal action needs to be filed, varies. It can be three years or less, depending on the accused. As an example, if the defendant is an employee of the State of Manhattan, or other municipal worker, the time to file a claim is 90 days. If the accused is a private individual or corporation, then the statute of limitations is 3 years. If the case involves death then the cutoff point is two years. There are time limits insurance carriers need for coverage. Any claim for no-fault requires a notice to the insurance firm inside thirty days. Finally, if there are parties that have no insurance coverage, an individual will have to file a claim with the Motor Vehicle Accident Indemnification Corporation and that claim needs to be filed inside 180 days. Other things like situation of witnesses and getting statements while the event is fresh in their minds are also important. The autos involved also must be totally examined, photographed and sometimes stored for evidentiary purposes.
Significant INJURY THRESHOLD MUST BE MET
However [*COMMA] the tradeoff with this ,000 in coverage is establishing you had a major injury before recovering for pain and suffering coming from the injury. A serious injury is defined as fracture, death, dismemberment, loss of use of a body organ function or system, serious limitation of body organ function or system or an inability to perform substantially all of one’s daily activity for a period of 90 out of 180 days after the accident. The criteria can at times need important awareness of the law and significant work up of the medical proof to meet the requirements of the threshold.

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Automobile Accidents: Receiving Compensation, Even if you are Partially at Fault

Comparative Negligence

If you have an automobile accident in the state of California, you need to be familiar with the laws. “Comparative Negligence” which means, you’ve suffered an injury in an accident where you were partially at fault, dictates that you may be compensated for any loss. California protects the right for compensation if you are injured. “Comparative negligence” is a doctrine in this state which provides for apportioning responsibility if in fact the injured party is partially responsible. If one or more people are injured, but they are also partially responsible for the wreck, then the courts will determine what percentage of the fault rests with each party involved.

You may share some responsibility if, for example, you are driving at an excessive speed, and it is determined that a vehicle turned left in front of you, but you are partially responsible, because you weren’t obeying the speed limit. This makes the assumption that how fast you were driving contributed as a “substantial factor” to the accident. If you are somewhat responsible, the law determines a “percentage of fault” and allows your recovery to be reduced by that amount. If you are deemed 10% responsible for the accident because of your speeding, then your recovery from the other driver’s insurance will be reduced by 10%. For example, you would be paid ,000.00 in the event of a 0,000.00 claim, which is still reasonable compensation.

The assumption that a driver will not receive compensation for his or her injuries, if they are at fault is simply not true. Over 30 years ago, a California Supreme Court decision (Li v. Yellow Cab Company (1975) 13 Cal.3d 804, 810), the State changed its archaic doctrine that precludes victims from any recovery if the damaged party had contributed in any way to the occurrence of their own accident and injuries. The “all or nothing” rule was discarded for one that made more sense for everyone involved.

Joint and Several Responsibility

Joint and several responsibility was used instead of “all-or-nothing” as it made more sense. California law, prior to 1986, allowed victims of negligence to recover all of their damages from any of the negligent parties who had caused them harm, regardless of that party’s degree of culpability. Because this situation at times created an unfair hardship for the person who had the most money but not necessarily the most responsibility, they altered that rule. Both current and new rules have kept the traditional joint and several liability doctrine regarding the economic or special damages of an injured party, adopting a several liability rule for the general or noneconomic damages, with the provisions that each defendant is liable for only that part of the noneconomic damages of the plaintiff. (Evangelatos v. Superior Court (1988) 44 Cal. 3d 1188) defines economic damages to include “medical expenses, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of earnings, loss of employment and loss of business or employment opportunities”. The law’s definition of noneconomic damages is those that involve “subjective, non-monetary losses including, but not limited to: pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation”. (Section 1431.2 of the California Civil Code)

This law was brought about by Proposition 51, which is also referred to as the Fair Responsibility Act of 1986. A hypothetical example may help to explain this complex rule:

Suppose you were driving along a straight, flat road when an oncoming driver violates the Vehicle Code by stopping in the opposite lane, but you are subsequently hit head-on by a speeding car who crossed the double line to avoid the stopped car and smashed into your vehicle. In this situation, the driver of the car that hit yours would be 30% at fault and the driver of the car that stopped inappropriately would be 70% responsible. The expenses of your medical care and lost earnings (special damages) equal 0,000; your noneconomic damages (the pain you suffer) are worth 0,000. I regret to say that the driver who was stopped (who is also the one with the most fault) had neither any insurance nor any assets. 0,000.00 of the economic damages, which is the total, and an additional 30 percent of the general damages must be paid by the swerving driver that has adequate insurance because there is joint and several responsibility for the special damages. If the economic damages have no joint and several responsibility assigned to them, the recovery would be at most 30% of the total damages of 0,000.00, or ,000.00 for the party who was injured. Although this law was passed to protect wealthy people who may be partially responsible for accidents, it also benefits accident victims by allowing larger judgments for special damages.

Each car accident is different, and it’s impossible to list all the factors involved in every crash. Just results are typically reached when you are represented by an experienced trial attorney.

Cell Phones Contribute to Automobile Accidents

 

According to current statistics, one person is estimated to die in a vehicle crash every 12 seconds in the United States. Statistics also show that automobile crashes are the leading cause of death for Americans age 35 and under, and 98% of reported accidents involve a single, distracted driver. In most cases, that distraction is his/her cell phone.

 

Other distractions include rubbernecking (watching other drivers and accidents), driver fatigue, looking at scenery, child-related distractions, and adjusting the radio. In fact, a new study reports that the reaction time of cell phone users is slowed dramatically, greatly increasing the risk of accidents and traffic problems in general.

 

The Cellular Telecommunications & Internet Association reports that fifteen years ago approximately 4 million people had wireless communication devices, such as cell phones; however, in May 2007, that number was a staggering 236 million.

 

With increased dependence on mobile phones, the number of people using them while driving has, of course, substantially increased. There are predominately two dangers associated with cell phones and driving: drivers must take their eyes off the road to dial, and people become so absorbed in their conversations that they cannot concentrate on their driving. David Strayer, University of Utah psychology professor, performed a study on cell phone use and auto accidents and reported, “If you put a 20 year old driver behind the wheel with a cell phone their reaction time is the same as a 70 year old not using a cell phone.”

 

Each year cell phone distraction while driving results in over 3,000 deaths and approximately 350,000 injuries in our country. Because information on cell phone use is somewhat limited, the actual number of deaths and injuries is probably higher. Many states have implemented a hands-free cell phone while driving law; however, even hands-free cell phone use distracts drivers because they’re so involved in their conversation.

 

Studies have reported that drivers talking on cell phones are less adept than drunk drivers with a blood alcohol level of .08. The cell phone users’ impaired reactions involve seconds, not just fractions of seconds, so stopping distance increases by car lengths, not just feet.

 

It has been reported that motorists who use cell phones while driving are four times as likely to get into collisions serious enough to injure themselves or others. In 2001, New York passed the first law banning hand-held cell phone use while driving which prompted a national debate on the extent of the danger cell phone use while driving poses.

 

In May 2007, the state of Washington became the first state to ban the practice of texting while driving. The fine for DWT (Driving While Texting) is 1 in Washington, but it is a secondary offense, which means you have to be pulled over for something else to get that ticket.

 

While cell phones do play an integral part in our society, the convenience they offer us may be coming at a very high price.

 

The Do?S And Don?Ts Of Automobile Accidents

It is estimated that with the number of cars on the road on any given day, it is virtually inevitable that every single driver will be in an accident at some point in his/her driving career. If you have been in a car accident, especially a serious one, you know full well how scary, unnerving, and confusing that scene can be. Immediately after a collision is not the time we do our clearest thinking. But the calmer you remain, the more likely your chances are that you will do the right thing. Though it sounds impossible, the first thing to do is remain calm.

The do’s and don’ts following an accident are important and can help you down the road (no pun intended). Depending on the accident, the following is list of suggested DO’s:

Do
• Call for medical assistance immediately.
• Call the police to have your statement taken and an official report written up.
• Take pictures of the scene.
• Exchange information with other involved parties.
• Stay calm.
• Get in contact with an experienced automobile accident attorney who can help you with your claims.

While this list may seem simple enough, there are several steps to take before an accident to help relieve some of the stress.

• Keep a disposable camera on hand in your car for such a situation
• Keep the name of one trusted attorneys on hand to help minimize stress.
• Keep insurance information in your car.

Don’t

• Don’t flee the scene of the accident.
• Don’t admit fault—ever.
• Don’t remove your vehicle from the crash site.
• Don’t sign any insurance papers; wait to speak to an attorney.
• Don’t apologize as that is virtually the same as admitting fault.

According to statistics, in 2005 there were an estimated 6.5 million car accidents in the United States; the estimated cost of those accidents-over 230 billion dollars. While mental and physically exhausting, car accidents are prevalent in society today.

Automobile Accidents: Legal Advice From Expert NY Car, Auto, Motor Vehicle Injury Lawyers

There are certain steps one must take to protect themselves when you are injured in an automobile accident.

Here are some to keep in mind:

Get information about the other driver. That includes: name, address, license and insurance company.

When the police arrive to the scene, get the officer’s name, badge number and police report number.

Seek medical treatment immediately even if you think you are fine because you may later discover. The shock from the accident may be preventing you from noticing the pain in your body.

Call your insurance company and report the accident.

If you or any passenger has been injured, contact a car, auto injury lawyer who will help you to recover money damages for your pain and suffering and for medical expenses. Up to ,000 of these benefits are available in New York regardless of who is at fault under New York’s “No-Fault” Insurance Law, provided you file a claim with the insurance carrier within 30 days of the accident. If you were the driver or passenger in a vehicle at the time of the accident, you must file a “No-Fault” insurance claim with the insurance company for that vehicle. If you were a pedestrian struck by a vehicle, you must file the claim with the insurance company for that vehicle with the help of expert auto injury lawyers.

If your injury is such that the pain and suffering and medical expenses exceeds ,000, you need to start a lawsuit against the driver and the owner of the vehicle that caused your accident to recover the additional amount. Do not sign away any of your rights if you are contacted by the insurance company and offered any amounts of money. Your lawyer will insure that your rights are protected and that you file your claims within the time limits required by law. Typically, in New York you must bring a lawsuit within 3 years but this is not always the case. For example, if the vehicle that hit you is owned or operated by a City, Town, Village or other public agency such as a New York City Sanitation Department truck or NYCTA bus or subway, then you must first file a “Notice of Claim” within 90 days, and then you have only one year and 90 days after the accident to start the lawsuit with the help of new york car injury lawyers. These time limits go by very quickly and the Courts strictly enforce them. So don’t delay when it come to protecting your rights.

Automobile Accidents ? Time Is Of The Essence

Most people do not realize that if you have been involved in an automobile accident that there are strict limitations of time to file certain types of documents or you lose your right for benefits.

It is true that if you have been involved in a car accident that you have three years to bring a lawsuit to recover money damages. This rule changes if the vehicle that hit you is government owned in which case you have to comply with “Notice of Claim” requirements which generally means filing a document within 90 days with the appropriate government agency.

However, what about your no-fault benefits? No-Fault is the insurance company, which pays your medical expenses and loss of earnings. If you are a driver or passenger in a car, your no-fault benefits are provided by the insurance company of the car that you are a passenger in. If you are a pedestrian and are hit by a car – it is the insurer of the vehicle that hit you.

To obtain no-fault benefits, you must file a claim with the correct insurance – but you have only 30 days to do it or you lose benefits. The minimum amount of no-fault coverage for medical expenses and loss of earnings is ,000.00.

You might think that it sounds easy to file to within 30 days – but what if you are taken to a hospital before you had a chance to get the information about the car’s insurance? That is why you need to see attorneys skilled and experienced at dealing with such matters. An auto, car injury attorney can hire an investigator to interview the driver or check the Department of Motor Vehicle’s records and obtain the police report that should contain the insurance information.

There are other reasons to contact a aauto injury lawyer quickly. What if the car you were in or the car that hit you was being operated in violation of the law that requires insurance? In that case, you have to file quickly under the provisions of your own insurance policy which provides coverage if you are struck by an uninsured vehicle or if you do not have a car, then you must file with the Motor Vehicle Accident Indemnification Corporation – an agency set up to protect people who are involved in accidents with uninsured drivers.

The lesson here is to get a auto, car injury lawyer immediately so you do not lose the coverage for payment of your medical expenses and loss of earnings under the no-fault law.

Ftca – Michigan Postal Truck Accidents & Federal Automobile Accident Cases

If you have been injured in a Michigan accident with a United States Postal Truck or other federally owned car or vehicle, you need to be aware that there is an entirely different set of laws for filing those cases. The failure to comply with those laws and requirements will completely destroy your case. These laws are different for these types of car accidents because the federal government is the party that must be sued in the lawsuit.

In the United States you may not sue the Federal government or it’s employees for negligently causing personal injuries except to the extent the Federal government will let you. The United States government does give its citizens permission to sue it for personal injuries, but only under certain conditions and only if you follow certain procedures. The set of Federal laws that outline these conditions and procedures is referred to as “The Federal Tort Claims Act.”

Under the Federal Tort Claims Act (FTCA) notice of an injury claim must be made within 2 years of the car accident or truck accident to the appropriate Federal Agency that caused the automobile accident, like the U.S. Postal service. This is shorter than the three year statute of limitations for filing a car accident case in Michigan. Notice must be made by completing an administrative claim form, also known as a Form 95. You must properly complete the form for all claims, including both personal injury claims and property damage claims. If the claim is denied, you have only six months from the date of the denial to to file your lawsuit against that federal agency.

Victims of auto accidents do have legal rights and should pursue them immediately after the accident. When choosing your Federal Tort Claims Act lawyer, it is key to choose the right lawyer so that you may receive a fair settlement. Your car accident lawyer can also help you receive all of your No-Fault Insurance benefits, including medical expenses, lost wages, attendant care services, and other benefits.

The injuries resulting from truck accidents are serious and often fatal. Cases involving death give rise to a Michigan Wrongful Death Lawsuit.

Common injuries from these tragic truck accidents include:

Closed head/traumatic brain injury

Spinal cord injuries, including quadraplegia and paraplegia

Broken bones and Fractures

Back and neck injuries

Shoulder injuries

Knee injuries

Scarring and disfigurement

Road rash requiring significant skin grafts

Permanent disability

Burn injuries

Amputation injury

Fatal Automobile Accidents

When a loved one is killed in a fatal car accident, the lives of the remaining family members are changed forever. Wisconsin roads and highways can be very dangerous due to reckless, distracted or drunk drivers, accidents caused by defective vehicles or car parts and hazardous road conditions. The damage done to cars by high speed, violent collisions is nothing compared to the damage inflicted to the lives of the people inside the cars and those that love them.

Negligence on the Highways

Thousands of car accident deaths are caused by negligent conduct such as aggressive driving, distracted driving, drunk driving and the simple failure to obey the rules of the road. Those responsible for wrongful deaths caused by car accidents deserve to be held legally and financially liable for the horrific events they have caused. Since no amount of money can bring your loved one back to you, legal action is often not even considered at such a trying time.

Wrongful Death Claims

Experienced car accident and wrongful death attorneys understand how families feel, but they also understand the complex legal issues and emotional trauma involved. An experienced car accident lawyer can help you by providing legal representation in dealing with insurance issues or any potential lawsuits. Surviving family members are not always aware of their legal rights which make them easy targets for unscrupulous insurance companies and lawyers for the negligent party involved in the accident at a time when they are at their most vulnerable.

Compensation for your Losses

An experienced car accident lawyer can obtain the maximum amount of financial compensation available for the remaining family members, including damages for:
• Loss of income
• Loss of companionship
• Loss of emotional support
• Medical expenses
• Funeral and burial expenses
• Mental anguish
• Pain and suffering
• Punitive damages

If someone you love was killed in an automobile accident in the Milwaukee, Wisconsin area, please visit the website of the experienced car accident lawyers at The Cochran Firm, Wisconsin, LLP today to learn about your legal rights and how you can obtain the financial compensation you deserve for your loss.

Automobile/Bus Accidents

The commercial bus industry has been severely criticized in recent years following several accidents that have left many people dead or injured. When an automobile is involved in an accident with a bus, the occupants of the car usually suffer the most due to the size and weight of the bus in comparison to the car.

Bus and school bus transportation has grown greatly recently in direct connection to the present economic conditions. A consequence of this growth in bus use is an increase in the number of bus accidents that cause serious injuries and fatalities and an increase in personal injury and wrongful death claims.

Causes of Car/Bus Accidents

It is rare to hear of two buses colliding, but the number of bus to car accidents has definitely increased. These accidents are caused by many factors, such as:

• Driver negligence
• Driving under the influence of alcohol or drugs
• Dangerous roadways
• Unsafe weather conditions
• Defective vehicles
• Improper equipment maintenance
• Speeding

According to statistics, there are over three hundred fatalities every year nationwide from accidents involving buses. Whether the injured party was a bus passenger or the driver or passenger of the other vehicle involved in the accident, the injured party has a claim against the bus driver, employer or owner of the bus company.

Types of Buses Recently Involved in Accidents

Several types of buses that have been involved in a car/bus accident are:
• School buses
• Charter buses
• Vacation tour buses
• Public transportation

The laws regarding bus and car accidents are very complicated because they usually involve multiple victims and corporations. People injured in bus accidents have the legal right to financial compensation for medical expenses, lost wages and other expenses incurred due to the accident like long term care and treatment costs. Families of someone killed in a bus accident can file a wrongful death lawsuit. There are time limits involved in filing these claims so you must act without delay.

Automobile Accidents in Maryland

If you are involved in an automobile accident in Maryland, there are some basic things you need to do. If you are able do so, obtain the following information from the other driver:

All insurance information including company name, policy number and agent.Driver’s license information including address, date of birth, restrictions, and type. Vehicle plate number.

At the scene of the accident, try to do the following:

If you have a camera, photograph all the involved vehicles and their property damage. Take photos of the accident scene as well. Obtain addresses and phone numbers of witnesses. Many times a police officer will not come to an accident scene unless there is an injury, so if you feel you were injured at all, call the police and do not hesitate to take an ambulance. Obtain the investigating officer’s badge number and have him give you an identification number for the traffic collision report.

Where injuries are involved, an experienced Maryland car accident attorney may be essential if you want to ensure that all of your legal rights are protected. Many times, accident victims attempt to handle an injury claim on their own only to find that they have been given a low settlement offer, had their claim rejected, or they have failed to notice that the statute on filing has run and their claim has been lost forever.

An experienced Maryland car accident attorney will investigate the facts of the accident, interview witnesses, make sure your vehicle is repaired or deemed a total loss, and handle all insurance issues. For instance, the other party may have been uninsured, so you will need expert advice on how to proceed under such circumstances. In other cases, if your injury was serious and the at-fault party’s insurance is low, there are other options that a Maryland car accident attorney can explain to you.

Documents are vital in proving your case and demonstrating to the insurance company that you have a credible and significant claim. Experienced personal injury lawyers know which documents to obtain and if expert reports from medical providers or accident reconstruction experts are needed so that you can realize the full value of your claim.