Articles Posted in Lawsuit Funding Tip of the Day

Published on:

Boating accidents have taken their toll on the American population. Boating accident or Maritime law requires that the incident be reported to the US Coast Guard if a person is killed or is injured and needs medical treatment (more than just first aid), if damage to the boat/ship or other property is over $2,000, if the vessel is totally lost or if someone disappears from the ship under suspicious circumstances.

The most common boating accidents involve collisions between two ships/vessels; most fatalities result from falls or capsizing. More often than not, accidents happen on the water due to inexperienced and inattentive operators. Added to reckless handling and speeding and these two factors represent the highest percentage of accidents with serious injuries and fatalities. Alcohol is also a huge factor in many crashes, as is inadequate training and education.

Boating accidents may be prevented if the people on board follow the mandated safety procedures and get properly educated in how to safely handle a boat. Under the law, boat operators are responsible for the safety of their passengers and they are supposed to precautions necessary to prevent accidents.

Published on:

You almost knew this was likely going to happen, right? Another recall of a Toyota product and this time its 8,000 new Tacoma pickup trucks. Just add these in to the global recall of more than 8.5 million vehicles to date.

What’s the problem with the trucks? Seems they may have defective front drive shafts. If you happen to be driving a four-wheel Tacoma built in the US between mid-December 2009 and early February 2010, head back to the dealer pronto. Apparently a faulty component in the front drive shaft may crack. If that happens, the drive shaft would separate and fall off the truck. And Imagine the accidents that could result from that.

Here is a video report of the problem.

Published on:

Three more states – New Hampshire, Oregon, and Illinois, have passed laws banning texting while driving. Nineteen states have now outlawed texting from behind the wheel of a motor vehicle. While the majority of Americans favor this law, some will continue to text and drive; this despite the fact that they aware of the fatalities. Somehow, knowing and appreciating the risks are separate and distinct.

The significant majority of these “risk-takers” are teens. If you are a teenager (or an adult, for that matter), please view (warning: it is quite graphic) Britain’s public service announcement on texting; this PSA drew worldwide attention. Anyone reading this post should view this important PSA, especially those of you who continue to text while driving. The spot features three teenage girls engaged in texting while driving and whose texting activities result in an horrific head-on collision with another vehicle. The camera lingers on three bloodied faces shattering the windshield, and, on the face of a crying child in the back seat of the “other car”, whose parents (driver and front seat passenger) were killed instantly, crying and pleading for them to wake up. After viewing the PSA, will you continue to text and drive? Why is this activity so important to you that you are willing to risk your life? All of us have “it won’t happen to me” attitudes; I get that, but it does happen to people like you, every single day. If you persist in this dangerous activity, it could very well happen to you.

New technologies seem to arrive, daily; these technologies become central to our everyday lives. However, they can’t help you if you’re dead; they will only be useful if used safely, responsibly, and with minimal or no risks to you and to and others. Texting and cell phone use while driving are distractions that not only reduce concentration on driving, they often take your eyes off the road, and your hands off the wheel. Studies show that drivers who text while driving are six times more likely to be in an auto accident than those who don’t. Haven’t we heard this message over and over again? We hear of the fatalities and see the numbers, but we never actually see the graphic results. The British PSA is reality; do you want this to happen to you or your loved ones? When you don’t buckle your seatbelt, you put yourself at risk, but when you text and drive, you put everyone at risk. Texting while driving is similar to a blind person getting behind the wheel and driving 70 MPH down the freeway; in both cases there are no eyes on the road. Would you support a law permitting the blind to drive?

Published on:

As we approach 2010, many people vow to make New Year’s resolutions. We resolve to lose weight, exercise, quit smoking or drinking; we vow to follow a healthier lifestyle, be more charitable, be kinder to our fellow man. Here is a suggestion that I hope you will consider for 2010 – Resolve to become a safer driver!

According to the National Highway Traffic and Safety Administration, approximately 35,000 people die in motor vehicle accidents each year. Drivers are multi-tasking, daily. Drivers talk on their cell phones, text while driving, listen to iPods, change radio stations and formats, eat, reach for things in the backseat, and chat with passengers; in the process of doing all of those things, they constantly lose important focus on the road. These serious distractions will sharply elevate the risk of a serious accident. The NHTSA estimates that distracted driving contributes up to 80 percent of auto accidents. With numbers like this; with your life and the lives of your loved ones at stake, isn’t it time to resolve to practice safer driving?

Below is a list of safety tips to improve driving skills and make the roads safer. If all of those reading this post practice these easy to follow tips, they and those who they encounter on our country’s road will be safer. Who knows? We may even save a few lives:

Published on:

Personal Injury litigation is usually harshly contested by an insurance company or a corporate defendant. However, even considering this sobering fact, damage recovery does not always require you to go to trial and receive a jury verdict. The vast majority of cases are settled out of court. Yes, you need and you should, absolutely, have an attorney. You will usually have to file a lawsuit as opposed to settling the case at the claims level with an insurance adjuster. Your lawyer will know how to do that and will advise you whether it is best to file suit. Even after suit is filed, most cases are still settled without a trial. Why? There is no one answer, but the biggest one is that a settlement reduces your litigation costs and eliminates the uncertainty of a trial. No one, not even the most experienced attorneys, can accurately predict what a judge or jury will do with your case or another like yours.

Also, since the judge’s docket must be cleared to permit your case to go to trial, it is difficult to get a trial date in most states, counties and/or cities. Thus, settlement of your case will, almost always, result in “faster” money than waiting for or pursuing a case to trial. Settlement allows you to control an otherwise unpredictable outcome. While you should choose to settle only if you feel that settlement is in your best interest, you will not be at the mercy of strangers (judges or jurors) in determining your fate.

Before settling any personal injury lawsuit, you should retain, or, at least, consult, with an attorney who has experience handling the type of case you are pursuing. Ask him to gather evidence and analyze it before agreeing to resolve any personal injury case. “Quick money” is usually inadequate settlement dollars. A case filed timely, in court, with appropriate time to gather evidence through a process known as “discovery”, will assist your attorney in providing you with an appropriate range for you to consider the fair and adequate settlement of your case. If you are seriously injured and need treatment or long term care or assistance, these medical and assisted care expenses may take awhile to develop; early resolution will cheat you out of damages and expenses that you incur after settlement. Yes, you can consider and add future damages to your settlement negotiations, but it is often difficult to predict what those damages might be. You may wish to wait until you have completed treatment or have fallen into a routine, with routine, predictable, expense, before considering settlement.

Published on:

When we think of automobile accidents, we invariably think of two cars colliding with each other, one driver being “at fault” or negligent, the other being the victim. However, auto accidents are not always a driver’s fault. Sometimes, a road is too dangerous for safe passage. Sometimes, a defect in the road can cause a driver to lose control of the vehicle. Sometimes a bridge is defective, a curve is too sharp. Sometimes a road is defectively built, hold too much water and can cause an unsuspecting driver to hydroplane out of control.

In most instances, in most states or counties, there are road commissions responsible for highway and road construction safety. In other words, these commissions are responsible for making our roads safe; when they fail in doing so, they are subject to liability and damages in a lawsuit, just like the “at fault” driver in a two car collision is.

This is a sub-specialty of an experienced auto accident attorney. If you find yourself injured as the result of an accident caused by a defect in a road or highway, call an experienced attorney who has handled these cases, successfully, in the past. Ask, specifically, whether the attorney has the necessary experience to handle a case against the government. Defective road cases are one of the few instances where an injured person can pursue litigation against a government entity (in these cases, a state or county road commission or similar entity). You will want to retain someone who has the knowledge and experience to handle the liability portion of the case as well as knowing what can be recovered in damages. Auto accident and personal injury experience, as well as prior litigation experience against government entities is vital.

Published on:

Recently, I read an article in the San Diego News that since September 20, nine fatal auto accidents have resulted in eleven deaths. In at least five, alcohol or drugs appear to have played a factor in the accident. These types of tragedies are repeated, over and over again, across our nation.

“The problem is young drivers are inexperienced, they are not aware of what their vehicles can do and they have a feeling of immortality.”

Teens think “I’m fine. I can drive.” They don’t understand how even the smallest amount of alcohol or drugs can impair reflexes, reaction time, even visual acuity. Coffee, a cold shower, or fresh air are not sufficient to sober up a drunk. How many times have we heard about an alcohol- related accident and believe it to be the definitive wake up call, only to find it short-lived? A classmate or friend is seriously injured or killed; everyone stops drinking and driving; a month later the dangerous conduct and its tragic consequence repeat themselves.

Published on:

Do you remember your first auto accident? Did you know what to do? Are you one of the fortunate ones never been in an accident? Would you know what to do in the event that you were? Hopefully, you won’t be in an auto accident, but being prepared will help your react in a calmer manner. Here is a list of tips for how to react after an auto accident.

1. Stay at the scene of the car accident. Leaving could result in a traffic ticket or worse if someone is hurt. If you are obstructing traffic, pull off the road if it is safe to do so. Use your hazard lights.

2. Check for Injuries. Make sure you, any passengers in your vehicle, and those in other vehicles are not injured. If anyone is injured, call 911. Help an injured party if you can.

Published on:

While driving to your destination, have you ever sounded like this?

“Move!” “Get out of the way!” “I’m going to be late!” “Stupid driver!” “Can’t you go faster?”

These are just a few statements that many of us shout out in our car (or to ourselves, if we are polite) as we rush to work, school, or special events. Far too often we are rushing from place to place, without focusing on staying safe on the roadways. In reality, we will often get to our destinations faster if we drive more safely; a car accident or serious injury will not get you where you want to go as quickly as you want to get there, will it? Remember the story of the Tortoise and the Hare?

Published on:

The holiday season is filled with family get-togethers, holiday dinners, and special traditions. This is a wonderful time of the year, especially for children. As parents, we must know how to protect our children. Here are some common holiday dangers and steps that we, as parents, can take to assure our children’s safety:

Choking Hazards:

1. Christmas ornaments and decorations have small pieces and metal hooks which posed a danger if swallowed. An option is to use short string or thread. Tinsel and light bulbs are also choking hazards to small children.