Barbara J. Morton was driving her Dodge Neon with her 3-year-old boy, Mikey Pound, when the drive took a tragic turn. She was on Sharon Church Road near Gaston when her Neon hit a Ford E-150. Morton’s vehicle was propelled into a ditch and burst into flames, according to The State.
Ray Shealy, the driver of the Ford E-150, failed to yield to Morton’s Neon. Nevertheless, he made a heroic effort to try and save both Barbara and her son. Fortunately, he was able to get the child out of the car and to safety, but was unable to save Barbara.
This stretch of road in Lexington County, South Carolina (SC) is usually quiet and not used to such a horrendous scene. Ricky Spires, who lived close by, also made a noble effort to try and save Barbara but could not. It wasn’t for a lack of trying. Her legs were blocked by the front dash of the Neon. The extreme temperatures from the flames made the situation even more volatile and limited the amount of time they could try to extract Barbara.
My deepest condolences go out to the friends and family of Barbara Morton. She was just 29 years old and had her entire life ahead of her. This is a tragedy and she was taken from this world far too soon.
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
Budget Cuts Ground Virginia Aerial Traffic Monitoring, Will Traffic Accidents Increase?
Did aerial monitoring play a part in this decrease of car accident fatalities? Maybe. There’s really no way to be sure, but the program probably didn’t hurt. When people are speeding and see a sign saying there’s a plane in the sky monitoring speed limits, it could cause the driver to slow down.
The major drawback of the program is, obviously, cost. It’s expensive to obtain a plane, pay for manpower capable of flying the aircraft and properly monitor traffic conditions, pay for fuel, etc.
A drawback not regularly mentioned is the potential safety risk. One citizen posted on the Pilot’s comment board…
“I've watched them flying at no more than 800 ft altitude at minimum airspeed with half flaps, over residential areas. If I had done that, I'd have lost my license. Flying low and slow, on the verge of stalling, over urban areas for hours at a time was an accident waiting to happen.”
Another citizen stated…
“When you look across the country, state after state has tried using aircraft to patrol for speeders, and time and again they've dropped the program because it wasn't as cost effective as having a few more patrol cars out there. With the cost for gas continuing to go up, the situation only gets worse. It should be no surprise that this is happening.”
There’s talk the program could be resuscitated when the economy rebounds, but there's a chance it could lead to an increase in car accidents in Virginia (VA) since the threat of aerial monitoring is longer around.
Source
The major drawback of the program is, obviously, cost. It’s expensive to obtain a plane, pay for manpower capable of flying the aircraft and properly monitor traffic conditions, pay for fuel, etc.
A drawback not regularly mentioned is the potential safety risk. One citizen posted on the Pilot’s comment board…
“I've watched them flying at no more than 800 ft altitude at minimum airspeed with half flaps, over residential areas. If I had done that, I'd have lost my license. Flying low and slow, on the verge of stalling, over urban areas for hours at a time was an accident waiting to happen.”
Another citizen stated…
“When you look across the country, state after state has tried using aircraft to patrol for speeders, and time and again they've dropped the program because it wasn't as cost effective as having a few more patrol cars out there. With the cost for gas continuing to go up, the situation only gets worse. It should be no surprise that this is happening.”
There’s talk the program could be resuscitated when the economy rebounds, but there's a chance it could lead to an increase in car accidents in Virginia (VA) since the threat of aerial monitoring is longer around.
Source
Saturday, November 28, 2009
Collision - Anatomy of an accident
What do the following dead people have in common: Albert Camus, Jackson Pollock, James Dean, Jayne Mansfield, General George Patton and Princesses Grace and Diana? Diana's inclusion in the list should be the killer clue that this is a roll call of celebrities who departed this life in a car crash, although road traffic accidents are a common-enough experience for us civilians, too – and not just from rubber-necking motorway pile-ups. I have personally known two people who have died in their cars and I imagine that is a fairly average tally.
The universality of the experience and its life-shattering impact have made the car crash an attractive subject for screen writers, whether it's the medical emergency of the week on Casualty or the heady meeting of minds between J G Ballard and David Cronenberg in the 1997 movie Crash. And next week, a new ITV1 drama "event" (in other words, it's screening over five consecutive nights), Collision, joins a healthy sub-genre of screen dramas that have used auto accidents to explore the human stories of those mangled by them.
"I've always had an interest in motorways," says the Collision writer Anthony Horowitz. "I divide my life between London and Suffolk, and spend a lot of time on the A12, and it's always occurred to me that every journey you make has a story – and that all these different people hurtling around at 70mph in one-ton killing machines is in itself an interesting situation. The tiniest little incident can change your life forever."
In classic portmanteau fashion, Collision follows the stories of the different individuals who are going to come together in the pile-up, including a millionaire property dealer (played by Paul McGann), a piano teacher with a guilty secret (David Bamber) and the great Phil Davis as a man taking his mother-in-law (Sylvia Sims) out for a spin. The cast also includes Dean Lennox Kelly from Shameless, and Douglas Henshall and Kate Ashfield as the police officers investigating the accident.
"There was a film I'd seen as a boy which had a train crash – a sort of anthology film – and it told all the different stories involved in it," says Horowitz, referring to the 1949 Ealing drama Train of Events, starring Jack Warner and Peter Finch. "I've always had an interest in the question of how much you are in control of your own life. For example, if this conversation is one minute shorter than it might have been and you leave one minute earlier, your life might take a completely different turn."
Somewhat distracted by this thought, we fail to discuss the case of the author Albert Camus, who was killed in a car driven by Michel Gallimard, his publisher and close friend, in a small town in Burgundy in January 1960. Camus was famously found to be carrying an unused train ticket for the journey he was undertaking when he died. What if he had gone by rail instead? Or what if Dodi and Diana had decided to make an early night of it? "How do we recognise these crucial moments in our lives?" wonders Horowitz. "The answer is, of course, that we can't. You could say that we're all in a dance of death and we never know who we're going to be waltzing with next."
Source
The universality of the experience and its life-shattering impact have made the car crash an attractive subject for screen writers, whether it's the medical emergency of the week on Casualty or the heady meeting of minds between J G Ballard and David Cronenberg in the 1997 movie Crash. And next week, a new ITV1 drama "event" (in other words, it's screening over five consecutive nights), Collision, joins a healthy sub-genre of screen dramas that have used auto accidents to explore the human stories of those mangled by them.
"I've always had an interest in motorways," says the Collision writer Anthony Horowitz. "I divide my life between London and Suffolk, and spend a lot of time on the A12, and it's always occurred to me that every journey you make has a story – and that all these different people hurtling around at 70mph in one-ton killing machines is in itself an interesting situation. The tiniest little incident can change your life forever."
In classic portmanteau fashion, Collision follows the stories of the different individuals who are going to come together in the pile-up, including a millionaire property dealer (played by Paul McGann), a piano teacher with a guilty secret (David Bamber) and the great Phil Davis as a man taking his mother-in-law (Sylvia Sims) out for a spin. The cast also includes Dean Lennox Kelly from Shameless, and Douglas Henshall and Kate Ashfield as the police officers investigating the accident.
"There was a film I'd seen as a boy which had a train crash – a sort of anthology film – and it told all the different stories involved in it," says Horowitz, referring to the 1949 Ealing drama Train of Events, starring Jack Warner and Peter Finch. "I've always had an interest in the question of how much you are in control of your own life. For example, if this conversation is one minute shorter than it might have been and you leave one minute earlier, your life might take a completely different turn."
Somewhat distracted by this thought, we fail to discuss the case of the author Albert Camus, who was killed in a car driven by Michel Gallimard, his publisher and close friend, in a small town in Burgundy in January 1960. Camus was famously found to be carrying an unused train ticket for the journey he was undertaking when he died. What if he had gone by rail instead? Or what if Dodi and Diana had decided to make an early night of it? "How do we recognise these crucial moments in our lives?" wonders Horowitz. "The answer is, of course, that we can't. You could say that we're all in a dance of death and we never know who we're going to be waltzing with next."
Source
Sunday, November 15, 2009
Don’t Text and Drive
A recent New York Times article reported the case of a young British woman killed in a traffic accident. The 22-year-old driver of the car that caused the crash was sentenced to 21 months in a high-security women’s prison. This was not a case of DWI — rather DWT: driving while texting.
This dangerous behavior is not taken lightly in Britain. According to The Times, texting while driving is considered a serious aggravating factor in “death by dangerous driving,” and is typically punishable by four to seven years in prison. New guidelines of the British law place reading and composing text messages while behind the wheel in the same category as driving while intoxicated or high on drugs.
Although driving while texting and driving under the influence are treated as similar offenses under the law, it seems that the former is more socially acceptable than the latter. The Times article notes the reactions of some of the victim’s relatives. I was quite surprised to read that a number of the victim’s friends and family members sympathized with the driver. A statement from the victim’s cousin captures this sentiment: “Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
This analysis is quite accurate. According to a recent poll by the AAA Foundation for Traffic Safety, 21 percent of drivers admitted to texting while driving. Even more alarming is that half of drivers in the 16- to 24-year-old cohort reported that they have engaged in this behavior. In fact, The Times reported, the victim of the accident herself had been texting behind the wheel earlier the day that the accident occurred.
Recent studies reveal just how dangerous DWT actually is. According to data from the Virginia Tech Transportation Institute, text messaging made the risk of a crash or near-crash event 23.2 times as high as it was with non-distracted driving. CBS News reported that a 2007 simulator study by Clemson University showed that “text messaging and using iPods caused drivers to leave their lanes 10 percent more often.”
But what is truly frightening is that this risky behavior is not occurring out of ignorance on the part of the offenders. Despite the fact that 21 percent admit to texting while driving, the same Virginia Tech poll reveals that 95 percent believe that this is unacceptable behavior. What is the explanation for this inconsistency?
Source
This dangerous behavior is not taken lightly in Britain. According to The Times, texting while driving is considered a serious aggravating factor in “death by dangerous driving,” and is typically punishable by four to seven years in prison. New guidelines of the British law place reading and composing text messages while behind the wheel in the same category as driving while intoxicated or high on drugs.
Although driving while texting and driving under the influence are treated as similar offenses under the law, it seems that the former is more socially acceptable than the latter. The Times article notes the reactions of some of the victim’s relatives. I was quite surprised to read that a number of the victim’s friends and family members sympathized with the driver. A statement from the victim’s cousin captures this sentiment: “Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
This analysis is quite accurate. According to a recent poll by the AAA Foundation for Traffic Safety, 21 percent of drivers admitted to texting while driving. Even more alarming is that half of drivers in the 16- to 24-year-old cohort reported that they have engaged in this behavior. In fact, The Times reported, the victim of the accident herself had been texting behind the wheel earlier the day that the accident occurred.
Recent studies reveal just how dangerous DWT actually is. According to data from the Virginia Tech Transportation Institute, text messaging made the risk of a crash or near-crash event 23.2 times as high as it was with non-distracted driving. CBS News reported that a 2007 simulator study by Clemson University showed that “text messaging and using iPods caused drivers to leave their lanes 10 percent more often.”
But what is truly frightening is that this risky behavior is not occurring out of ignorance on the part of the offenders. Despite the fact that 21 percent admit to texting while driving, the same Virginia Tech poll reveals that 95 percent believe that this is unacceptable behavior. What is the explanation for this inconsistency?
Source
Monday, July 27, 2009
Insurance Coverage for West Virginia Car Wrecks
Three of West Virginia's most popular interstates (I-64, I-77 and I-79) interlace through much of West Virginia, Ohio and Western Pennsylvania. They are to blame for a multitude of accidents and deaths every year. The many coal trucks, big rigs and tractor-trailers that use the freeways contribute to the danger. These large vehicles have been responsible for deadly chain-reaction crashes.
Any time an accident occurs, the possibility of injury exists. Injuries range from a bruise on the head to paralysis, even death. If you are involved in a car wreck, you should seek medical attention immediately. Many injuries, especially those to the back and spinal cord, can take weeks and even months to become fully realized. Slipped discs, whiplash and spinal contusions can all result in months of pain and rehabilitation.
How West Virginia Auto Insurance Works
Once you have been examined, you will want to contact your insurance company and, in many cases, an attorney. West Virginia is an "at fault" state, which means that the driver at fault in the accident is responsible for the damages that occur. Unfortunately, determining fault is not always easy and in some cases accident victims end up paying more than they should.
After the police report is filed, it is usually the insurance company's responsibility to determine who was at fault for the accident. This is not ideal. Most insurance companies' primary concern is limiting how much they have to pay — your needs are secondary, if even considered at all. This is where a personal injury attorney is helpful. It is the attorney's job to work for you. In some situations, trucking experts and accident recreation experts can be employed to support your case.
Depending on your policy, you may be able to file a claim with your own insurance company to cover the damages that exceed your settlement with the other driver's insurance company. Your attorney can help sort through this complex system of determining fault and obligations.
West Virginia requires all of its drivers to carry uninsured/underinsured motorist insurance. Check your policy to see if you have this coverage. Uninsured/underinsured motorist coverage compensates you for the expenses the other motorist should have paid. Better yet, most insurance companies are not allowed to raise your rates for filing a claim due to being injured as a result of an uninsured/underinsured motorist.
Dealing with Insurance Companies
Whenever you are involved in an automobile accident, you will inevitably need to speak with an insurance adjuster. The adjuster may employ a stall-and-deny tactic in order to get some of your expenses covered by medical insurance and other sources. Your job, as the accident victim, is to prevent this.
When dealing with insurance companies, get everything in writing and have all vehicle repairs authorized before you begin. If your insurance company begins to stall, remind them that the longer they wait to get the vehicle fixed, the more it costs them in rental car and car storage fees.
Review your insurance policy before you are involved in an accident to make sure you have the right amount of coverage. Always carry emergency numbers in your wallet so you can contact a doctor, an attorney and loved ones immediately. If you are involved in a car wreck, knowing your rights and responsibilities will help make the entire process a little easier to handle.
Source
Any time an accident occurs, the possibility of injury exists. Injuries range from a bruise on the head to paralysis, even death. If you are involved in a car wreck, you should seek medical attention immediately. Many injuries, especially those to the back and spinal cord, can take weeks and even months to become fully realized. Slipped discs, whiplash and spinal contusions can all result in months of pain and rehabilitation.
How West Virginia Auto Insurance Works
Once you have been examined, you will want to contact your insurance company and, in many cases, an attorney. West Virginia is an "at fault" state, which means that the driver at fault in the accident is responsible for the damages that occur. Unfortunately, determining fault is not always easy and in some cases accident victims end up paying more than they should.
After the police report is filed, it is usually the insurance company's responsibility to determine who was at fault for the accident. This is not ideal. Most insurance companies' primary concern is limiting how much they have to pay — your needs are secondary, if even considered at all. This is where a personal injury attorney is helpful. It is the attorney's job to work for you. In some situations, trucking experts and accident recreation experts can be employed to support your case.
Depending on your policy, you may be able to file a claim with your own insurance company to cover the damages that exceed your settlement with the other driver's insurance company. Your attorney can help sort through this complex system of determining fault and obligations.
West Virginia requires all of its drivers to carry uninsured/underinsured motorist insurance. Check your policy to see if you have this coverage. Uninsured/underinsured motorist coverage compensates you for the expenses the other motorist should have paid. Better yet, most insurance companies are not allowed to raise your rates for filing a claim due to being injured as a result of an uninsured/underinsured motorist.
Dealing with Insurance Companies
Whenever you are involved in an automobile accident, you will inevitably need to speak with an insurance adjuster. The adjuster may employ a stall-and-deny tactic in order to get some of your expenses covered by medical insurance and other sources. Your job, as the accident victim, is to prevent this.
When dealing with insurance companies, get everything in writing and have all vehicle repairs authorized before you begin. If your insurance company begins to stall, remind them that the longer they wait to get the vehicle fixed, the more it costs them in rental car and car storage fees.
Review your insurance policy before you are involved in an accident to make sure you have the right amount of coverage. Always carry emergency numbers in your wallet so you can contact a doctor, an attorney and loved ones immediately. If you are involved in a car wreck, knowing your rights and responsibilities will help make the entire process a little easier to handle.
Source
Monday, July 20, 2009
Bus Accident Injuries in California are Occurring too Often
Although bus accidents do not occur nearly as often as automobile accidents, the number of bus accident injury victims still reaches well into the thousands every year in Los Angeles and San Diego, California.
As the need for greater fuel efficiency and money-saving techniques is rising all the time, more and more people are taking to the public transit system to take them everywhere they need to go, increasing the possibility of accidents and injuries in transit systems. If you’ve been one of the unfortunate victims of a bus accident, you should contact a personal injury lawyer right away.
There are a number of different types of bus accidents that can occur and result in serious injuries. Some of these injuries can be a result of tour bus accidents. Often the drivers of these tour buses are young college students with little to no previous commercial driving experience. Maybe your child was injured in a school bus accident on his or her way home. Perhaps your accident occurred while you were a passenger in a city transit bus going into town. Whatever the circumstances, you likely bear no fault whatsoever in the accident. The candidates who could likely be at fault in the accident may potentially include the bus company, those who perform mechanical maintenance on the buses (if a separate entity from the bus company), the bus driver, or one or more government agencies. The other party in a collision could also be liable for the accident.
In order to determine accurately who is truly at fault for the accident, you should contact a personal injury lawyer immediately. He or she will have access to information that you may not be able to retrieve on your own. For example, the maintenance company that works on the mechanical parts of the bus in which you had your accident may have past history of faulty work that has caused accidents. You likely wouldn’t be able to get this information on your own, and the bus and maintenance companies would obviously not volunteer that type of information. This is where a personal injury lawyer can truly help you in your claim.
Long-lasting injuries can potentially be incurred in any type of bus accident. Buses generally do not come equipped with seatbelts or restraining belts of any type, making the likelihood of serious wounds and health problems that much greater. Some of the most common injuries sustained during bus accidents include spinal cord injuries, mild to severe concussions, skin lacerations, and even internal bleeding. Regardless of how extensive the injuries may be, you will more than likely be charged a substantial amount at the hospital for medical treatment. As the unsuspecting victim of a bus accident that was in no way your fault, you shouldn’t be held accountable to financially cover your medical treatments. Whoever is found to be at fault for the accident should be responsible for that. In order to make sure you receive compensation for your injuries, you should contact a personal injury lawyer in your area immediately following your accident. Receiving medical attention for your injuries is obviously first priority, but as soon as possible you should consult an attorney.
Source
As the need for greater fuel efficiency and money-saving techniques is rising all the time, more and more people are taking to the public transit system to take them everywhere they need to go, increasing the possibility of accidents and injuries in transit systems. If you’ve been one of the unfortunate victims of a bus accident, you should contact a personal injury lawyer right away.
There are a number of different types of bus accidents that can occur and result in serious injuries. Some of these injuries can be a result of tour bus accidents. Often the drivers of these tour buses are young college students with little to no previous commercial driving experience. Maybe your child was injured in a school bus accident on his or her way home. Perhaps your accident occurred while you were a passenger in a city transit bus going into town. Whatever the circumstances, you likely bear no fault whatsoever in the accident. The candidates who could likely be at fault in the accident may potentially include the bus company, those who perform mechanical maintenance on the buses (if a separate entity from the bus company), the bus driver, or one or more government agencies. The other party in a collision could also be liable for the accident.
In order to determine accurately who is truly at fault for the accident, you should contact a personal injury lawyer immediately. He or she will have access to information that you may not be able to retrieve on your own. For example, the maintenance company that works on the mechanical parts of the bus in which you had your accident may have past history of faulty work that has caused accidents. You likely wouldn’t be able to get this information on your own, and the bus and maintenance companies would obviously not volunteer that type of information. This is where a personal injury lawyer can truly help you in your claim.
Long-lasting injuries can potentially be incurred in any type of bus accident. Buses generally do not come equipped with seatbelts or restraining belts of any type, making the likelihood of serious wounds and health problems that much greater. Some of the most common injuries sustained during bus accidents include spinal cord injuries, mild to severe concussions, skin lacerations, and even internal bleeding. Regardless of how extensive the injuries may be, you will more than likely be charged a substantial amount at the hospital for medical treatment. As the unsuspecting victim of a bus accident that was in no way your fault, you shouldn’t be held accountable to financially cover your medical treatments. Whoever is found to be at fault for the accident should be responsible for that. In order to make sure you receive compensation for your injuries, you should contact a personal injury lawyer in your area immediately following your accident. Receiving medical attention for your injuries is obviously first priority, but as soon as possible you should consult an attorney.
Source
Monday, July 6, 2009
West Virginia Harley Davidson Accident Lawyer
Unfortunately, when a motorcycle accident occurs, the injuries are almost always more serious than a car accident. Fractures, paralysis, and fatalities are all too common in an accident. Many drivers do a poor job of watching for motorcycles.
Rist Law Offices represents Harley Davidson and other motorcycle riders in serious accident cases throughout West Virginia. We offer free consultations to all riders and their families to discuss whether a case could be filed. We accept all motorcycle accident cases on a contingency fee basis, which means there is no fee unless your case is settled or won in court.
Source
Rist Law Offices represents Harley Davidson and other motorcycle riders in serious accident cases throughout West Virginia. We offer free consultations to all riders and their families to discuss whether a case could be filed. We accept all motorcycle accident cases on a contingency fee basis, which means there is no fee unless your case is settled or won in court.
Source
Monday, June 29, 2009
If You are Hurt in a Virginia Car Accident, Then Call the Police!
This article is designed to help you understand why you should always call the authorities to the scene of an accident in which you were injured and why the insurance company you may be facing will hate that you did so!
You were probably taught in your first driver's education course to always call the police to the scene of any accident in which you are involved.
This really seems quite simple. However, many folks involved in accidents don't do it.
Why not?
Perhaps because the other driver promises to make sure that his insurance "takes care of everything" or that the he can't afford to pay a traffic ticket or that the damage to the cars seems minor enough to just "handle things unofficially."
So why do the insurance companies hate it when you call the police to scene of an automobile accident?
When you call the police to scene of your accident, then the police will require the drivers involved to exchange insurance and identification information.
The police may also charge the at-fault driver with some sort of traffic infraction, obtain witness information and preserve statements about the event, including descriptions of what occurred and complaints of injury.
All of this information will very likely assist you in the future with your claim and hurt the insurance company's ability to deny your claim.
By calling the police, you have made an official record of the event and can be relatively sure that the information you receive about the other driver is accurate and truthful.
After all, not many folks will give fraudulent information about themselves or their insurance to an officer of the law.
This official record will effectively prevent the other driver's insurance company from arguing that the incident did not occur or that their insured driver was not involved in the cause of your injuries. (Yes, insurance companies will deny responsibility at every opportunity, including whether their driver was even in the accident with you.)
This official record will also demonstrate that you complained of pain at the scene, which will help deflect any argument by the insurance company that you weren't hurt or that you later fabricated your complaints to manufacture a personal injury claim (another favorite of the insurance companies).
Finally, statements from witnesses or the other driver may contain valuable facts that may be later forgotten (many witnesses may not later recall things like the speed of the other car prior to the accident, the weather or the color of the traffic light at issue) or can be used to rebut a "changed story."
I don't know how many times I have been told by my clients that the other person admitted fault at the scene, but later hear from the insurance company that no such statement was made and that the cause of the accident was contested. (You may not be aware of this, but I will bet that your own automobile insurance card, which you keep in your glove compartment, contains the following instruction: Do not admit fault for the accident.
Remember, the insurance companies hate it when their drivers take responsibility for the accident because it damages their ability to deny or effectively defend your claim.
After all, these companies are in business to make lots of money, not to pay it to you!)
If you follow this rule, then you are a step ahead in the game and you will have a much better chance of successfully prosecuting your Virgnia automobile accident personal injury claim.
Source
You were probably taught in your first driver's education course to always call the police to the scene of any accident in which you are involved.
This really seems quite simple. However, many folks involved in accidents don't do it.
Why not?
Perhaps because the other driver promises to make sure that his insurance "takes care of everything" or that the he can't afford to pay a traffic ticket or that the damage to the cars seems minor enough to just "handle things unofficially."
So why do the insurance companies hate it when you call the police to scene of an automobile accident?
When you call the police to scene of your accident, then the police will require the drivers involved to exchange insurance and identification information.
The police may also charge the at-fault driver with some sort of traffic infraction, obtain witness information and preserve statements about the event, including descriptions of what occurred and complaints of injury.
All of this information will very likely assist you in the future with your claim and hurt the insurance company's ability to deny your claim.
By calling the police, you have made an official record of the event and can be relatively sure that the information you receive about the other driver is accurate and truthful.
After all, not many folks will give fraudulent information about themselves or their insurance to an officer of the law.
This official record will effectively prevent the other driver's insurance company from arguing that the incident did not occur or that their insured driver was not involved in the cause of your injuries. (Yes, insurance companies will deny responsibility at every opportunity, including whether their driver was even in the accident with you.)
This official record will also demonstrate that you complained of pain at the scene, which will help deflect any argument by the insurance company that you weren't hurt or that you later fabricated your complaints to manufacture a personal injury claim (another favorite of the insurance companies).
Finally, statements from witnesses or the other driver may contain valuable facts that may be later forgotten (many witnesses may not later recall things like the speed of the other car prior to the accident, the weather or the color of the traffic light at issue) or can be used to rebut a "changed story."
I don't know how many times I have been told by my clients that the other person admitted fault at the scene, but later hear from the insurance company that no such statement was made and that the cause of the accident was contested. (You may not be aware of this, but I will bet that your own automobile insurance card, which you keep in your glove compartment, contains the following instruction: Do not admit fault for the accident.
Remember, the insurance companies hate it when their drivers take responsibility for the accident because it damages their ability to deny or effectively defend your claim.
After all, these companies are in business to make lots of money, not to pay it to you!)
If you follow this rule, then you are a step ahead in the game and you will have a much better chance of successfully prosecuting your Virgnia automobile accident personal injury claim.
Source
Monday, June 22, 2009
Automobile Accident Statistics and Injury Prevention
Between the years of 2000 and 2005 there were over 6 million auto accidents in the United States. In each of those years approximately 2.9 million people were injured and over 42,000 people were killed. About 115 people are killed every day in vehicle crashes in the United States. In 2007 there were approximately 300 million people in the United States. Of the people killed in automobile accidents in 2007 approximately 20% were passengers. In 2007 approximately 5,000 people were killed in motorcycle accidents. Also, in 2007 approximately 4,600 pedestrians were killed in accidents involving motor vehicles. There were 255 million vehicles registered and approximately 200 million licensed drivers.
The motorists advocacy group AAA reports that accidents cost $162 billion each year. The cost of auto accidents to each American is more than $1,000 a year. Also, according to AAA car accidents involving drivers 15 to 17 years of age cost society more than 34 billion in medical expenses, property damage and related costs in the year 2006. 15-18 year old drivers were involved in 974,000 crashes that injured 406,427 people and killed 2,541. According to the Center for Disease Control motor vehicle crashes are the leading cause of death among U.S. teens, accounting for 36% of all deaths in this age group.
So, what can be done to protect motorists from injury and death caused by motor vehicle accidents? The answers to this question are as follows:
- Don’t’ drink and drive. Don’t ride in a car when the driver has been drinking.
- Require your teenagers to enroll in driver safety programs.
- Drive large vehicles. Full sized passenger cars weighing over 4000 pounds have a lower injury and fatality rates.
- Lower your speed. Speed kills.
- Practice defensive driving.
- Stricter enforcement of traffic laws.
- Make drivers who cause accidents criminally and civilly responsible.
- Lower the center of gravity on Vans, SUVs, and pick-ups to prevent roll over accidents.
- Incorporate some form of roll cages in vehicles.
- Incorporation of more safety glass in vehicles.
- Restricted licenses for the elderly and those with poor vision.
- Better highway design. Fix the bad roads before we build new ones.
- Raise insurance rates for at-fault drivers and lower them for safe drivers.
- Better DMV reporting of traffic infractions to insurance companies.
- Use of and incorporation of safety equipment such as seat belts, air bags, side curtain air bags, crumple zones and energy absorbing bumpers.
- Don’t drive if you’re tired.
- Raise the driving age to 19.
- Require drug and alcohol testing for all traffic infractions.
Monday, June 8, 2009
State should pass reform
Today’s editorial was encouraging news. The North Carolina state representatives have voted to change the antiquated Contributory Negligence Law.
North Carolina has been among the four remaining places in the US which enforce this law. It has been costly financially and emotionally to accident victims and their families in North Carolina, Virginia, West Virginia and Washington.
All other states have had for a long time No Fault or Contributory Fault laws that have protected the citizens of their states from being denied their claims.
I know about this from personal experience. On Sept. 1, 2005 I was hit by a car as I tried to cross an intersection in Hendersonville. Even though the light was with me the insurance company said I contributed to my own accident because I risked crossing an intersection that had no marked crosswalk.
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North Carolina has been among the four remaining places in the US which enforce this law. It has been costly financially and emotionally to accident victims and their families in North Carolina, Virginia, West Virginia and Washington.
All other states have had for a long time No Fault or Contributory Fault laws that have protected the citizens of their states from being denied their claims.
I know about this from personal experience. On Sept. 1, 2005 I was hit by a car as I tried to cross an intersection in Hendersonville. Even though the light was with me the insurance company said I contributed to my own accident because I risked crossing an intersection that had no marked crosswalk.
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