Special Considerations of a Rental Car Accident

January 31st, 2012

Just as with any car collision there is a certain protocol you must follow, however if you were driving a rental car at the time of the accident, you will likely have a few more steps to take care of. It can be very traumatic to be involved in an automobile accident when you are in an unfamiliar city and probably on vacation as well. Following the accident you must first see to any injuries which drivers or passengers sustained. If anyone needs to go to the hospital then make sure they get medical treatment. Many times people don’t think they are hurt as badly as they really are due to the adrenaline which floods their body at the time of the accident. This adrenaline can mask pain and other symptoms of injury then later on the person realizes the full extent of their injuries. Many people are also hesitant to go to an unfamiliar hospital, so they tell themselves and others they are fine.

What to Do Following the Accident

Once injuries are seen to, use your cell phone and call the police so you can have an accident report on file. Exchange information with the other driver, including name, address, insurance information and license plate number. If you are able, jot down notes regarding the accident. It is very easy to forget critical details later on, even though you thin, you will absolutely remember everything that happened. If there are any witnesses to the accident, get their names, addresses and a brief statement. Take photographs with your cell phone or a digital camera if you have one in your car, or even a video of the scene of the accident. Take more photos than you think you will ever need—close-up and far away, getting the surrounding area in some of the photographs.

Contact the Rental Car Agency and Your Insurance Company

Next you will contact the rental car agency where your car was rented from then you will contact your own insurance company and let them know about the accident. You will need to ask specific questions of the rental agency such as what documentation they need, what information, how soon you can get a replacement rental car, and any other assistance you might need. If you used a credit card to rent the car, you may have additional rental insurance you are not aware of, so contact your credit card company to find out about coverage.

Unfortunately, no matter who was responsible for the accident, you will be held liable for loss or damage to the rental vehicle in addition to towing charges and loss of use expenses. For this reason, you might want to accept and pay the extra charge for the rental companies insurance or at least be sure your own insurance fully covers you in the event of an accident in a rental car. If your rental is unable to be driven and needs to be towed, make sure you get the details of the location of the towing company—if your insurance company refuses to pay, you will be responsible for these charges. Make sure you’ve removed all your belongings from the vehicle before it’s towed, and keep receipts of everything since you don’t know exactly what expenses your insurance company may cover.

Get Legal Help

An accident which occurs while you are driving a rental car can be extremely frustrating. You may be in a city you don’t know, operating under state laws you are unfamiliar with, driving someone else’s car, all of which equals one big headache. It can really be to your advantage to consult a personal injury attorney who understands all the players in such an accident and can guide you through the process of filing your insurance claim.

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What to Do if You Were at Fault in an Auto Accident

January 30th, 2012

If you were involved in an automobile collision and are pretty sure it was your fault, whether because of a distraction, speeding or because you were driving while excessively tired, there are several important things you must do following the accident. Of course just as with any accident, no matter which driver was at fault, all those involved must get immediate medical attention for their injuries. Even if you are uncertain whether you are hurt or not, it’s a good idea to have a medical professional check you out. Your insurance company has specific responsibilities to you in connection with a potential claim which could be brought against you as a result of the accident. Follow these steps immediately after your accident:

Don’t Admit Guilt

First and foremost, don’t jump out of your car and begin admitting your guilt to anyone who will listen. Do exactly what you would do if you felt the accident was caused by another driver. If you are able to get out of your car and nobody appears to be seriously injured, exchange information with the other driver including name, address and insurance information. Injuries take priority over everything else after an accident. Don’t tell the police officer or the other driver it was your fault and avoid saying you are sorry—simply relate the facts to the best of your ability and if those facts paint you in a harsh light, then you will have to deal with those consequences with your insurance company. When you are able to report the accident to your insurance company, be honest about the circumstances, giving them the straight story to the best of your ability.

Take Stock of Your Insurance Policy

Once injuries have been attended to, the police have been called and your insurance company has been notified, you can likely go home after making arrangements for your vehicle. Once you arrive home, read your insurance policy and see whether or not you have the right to hire your own attorney and what legal and medical expenses will be covered. While the insurance company may try to dissuade you from hiring your own attorney, remember that their attorney will likely be more loyal to the insurance company’s interests than yours. While insurance companies are legally obligated to consider your interests equal to their own in theory, in practice this doesn’t always happen. It’s much better for you to hire your own attorney who will do their best to limit or prevent altogether your personal liability.

How an Attorney Can Help You

Figure out which of your medical expenses and car damages will be covered. Many people have insurance coverage they are not even aware of, and a great deal of insurance policies pay for your medical bills no matter who was responsible for the accident. This can be especially important if you or one of your passengers don’t have health insurance, therefore would be wholly liable for any medical care. Your attorney will be able to read your policy, speak to your insurance company and determine what kind of coverage you have and what you are entitled to receive. A knowledgeable personal injury attorney will ensure that your assets are protected to the extent possible, and may even be able to get all your expenses covered as well.

When You Share the Fault

Fault is probably the most crucial element in an auto collision claim. Because one person’s negligence is usually responsible for causing the accident, they—or their insurance—must generally be responsible for the damages. Many times liability is hardly crystal clear, and liability must be shared. According to the state you reside in, and whether they operate under comparative or contributory negligence, a percentage of fault may be assigned to each party depending on their role in the accident. Most states use this proportionate structure of comparative negligence so that the person with injuries can recover at least partial compensation for injuries even if their actions or inaction played a role in the accident. These types of accidents where fault is not clear cut can get very complex—yet another reason to have an experienced attorney by your side.

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Most Common Causes of Vehicle Accidents

January 26th, 2012

Approximately 40,000 people are killed each year as a direct result of an automobile accident and, in fact, motor vehicle accidents are the leading cause of death world-wide. Every sixty seconds a motor vehicle accident occurs, leading to nearly 3 million moderate to severe injuries in addition to the fatalities. You may well wonder what factors are involved in all these car accidents. The truth is that although there have been amazing improvements in the safety technology of automobiles, human error combines with other factors to end in a continuing stream of auto accidents. Some of these accidents could certainly have been avoided, since they are the result of a variety of behaviors which are commonly committed by drivers across the nation.

Speeding as a Cause of Vehicle Accidents

Despite the fact that police officers across the nation do their best to put a halt to those who engage in excessive speed, speeding continues and is a primary cause of auto accidents. Speeding is estimated to be the cause of almost one-third of all fatal auto accidents and is believed to cost society at large approximately $40 billion dollars per year. The driver who is exceeding the speed limit has reduced their ability to adjust to a curve or object in the roadway and excessive speed can be particularly dangerous in inclement weather conditions. The Institute for Highway Safety states that when a vehicle’s speed increases from 35 mph to 60 mph the energy discharged in a collision is effectively doubled.  When you get behind the wheel, obey speed limits in order to make the highways safer for other drivers and yourself.

Driver Inattention or Distraction

More and more Americans spend a large portion of their time behind the wheel of their vehicle, particularly in their commute to work. Our vehicles become our home away from home, therefore drivers are more likely to be eating while driving, talking on their phone or texting, attempting to adjust their radio or GPS, talking to the passengers in their car, daydreaming, or even turning around to scold the children in the back seat. Any or all of these things can lead to accidents. An auto accident can happen in a mere split second while your attention is distracted from the road ahead or the drivers around you.

Distracted drivers are fast becoming a leading cause of the auto accidents on the road, and recent reports show that talking on a cell phone while driving can make it four times as likely that you will be involved in a car crash. Talking on the phone is the number one source of driver distraction, despite the many laws being passed regarding texting or talking on the phone while driving. When a driver slows down to look at another accident they are 16% more likely to be involved in a distracted driving accident, with fatigue being responsible for another 12%.

Driving Under the Influence

A driver who is less than twenty-one years old dies each day as a result of an alcohol-related car collision, and even though the individual states continue to increase the punishments for drunk driving, alcohol-related accidents continue to cost lives. Drivers with a BAC of higher than .15 were almost four hundred times more likely to be in a fatal,  single-vehicle collision than the driver who was sober. Make sure you have a sober driver if you plan on drinking, or stay off the road.

Road Rage as a Cause of Car Accidents

Aggressive behavior in an automobile is becoming more and more common. Road rage encompasses rude hand gestures, changing lanes back and forth in an unsafe manner, tailgating in an aggressive manner, deliberately stopping another driver from passing you, refusing to yield the right-of-way, showing a complete disregard for traffic signals, or flashing your lights repeatedly at other drivers. Road rage can turn deadly very quickly, so if another person displays any of these behaviors, take it seriously and drop back to get out of their way. Drivers between the ages of 16 and 24 appear to be the most common offenders for displaying road rage, while drivers 65 or older are the least likely to engage in aggressive driving behaviors.

Exhaustion as a Cause of Auto Accidents

Finally, exhausted or drowsy drivers account for nearly a million accidents each year in the United States. Make sure you are rested before you get behind the wheel of your vehicle. Take breaks when necessary so you are not driving while drowsy and avoid taking any medicines which are known to cause fatigue. If you are the victim of a car collision, you need help, no matter what caused the accident. Seek knowledgeable legal representation through a personal injury attorney who can help you navigate the insurance issues while you focus on getting better.

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Hidden Accident Injuries

January 23rd, 2012

Most people are unaware that injuries sustained in a car collision may not be apparent until hours, days or even weeks following your accident. It is common to get a rush of adrenaline immediately after your accident. This adrenaline in your body can mask pain so you think you are not hurt. Additionally, most people are shaken up after an accident and are so happy to be alive that they are not particularly focused on any discomfort they are suffering. Any accident victim should take what they believe to be minor aches or pains very seriously as they can turn into significant injuries as time passes.

Don’t Sign Anything!

Many times what appears to be only a sore heck or back can turn into whiplash or chronic back pain down the road. A person who has suffered such pain may simply go on with his or her daily life, even going back to work because they don’t realize the accident was the cause of their pain. Perhaps the worst part of a hidden accident injury is that many times accident victims are asked to sign insurance documents almost immediately following the accident stating they will not sue the insurance company for future medical care or damages. If such a document is signed before you are fully aware of the extent of your injuries, you may find yourself responsible for the medical expenses which seem to be mounting at an alarming rate.

Injuries Requiring Extended Care

An injury which surfaces days after your accident may end up requiring many months of physical therapy, long term chiropractic care or even surgery. The accident victim who feels relatively well immediately following the car collision may realize once they return to work and their “normal” lifestyle that the pain they are suffering is significant. At this point the accident victim realizes he or she needs medical attention; a lingering injury can be responsible for causing the victim to lose time from work, or even lose the ability to care for his or her children. While insurance would typically cover lost wages and all expenses for accident-related injuries, the person who has signed away their rights to reimbursement before realizing they were injured has the additional problem of covering their own medical expenses.

What Your Insurance Company Knows

Make no mistake, no matter how friendly the person who represents your insurance company looks on television, insurance companies have one goal in mind and that’s to make a healthy profit each and every year. When an accident occurs, the goal of the insurance company is to get you to sign off as early in the process as possible, stating your injuries are minor or non-existent. The insurance agent catches at a time when you are most vulnerable. You may be hurt, but don’t think you have significant injuries and you are worried about missing a few days of work and wondering how you will get your car fixed.

The insurance agent may come across as being your best buddy, telling you your car will be fixed quickly enabling you to get back to work as soon as possible. At the time, with your head full of the problems you are facing, it can seem like a good deal. Simply sign the papers, get your car fixed and get on with your life. What you may not realize is that most insurance adjusters are well aware of the potential injuries which may manifest as a result of your accident. It is in their company’s best interests to settle with you as soon as possible before there are any medical bills at issue.

Getting Legal Help

It’s very important that you contact a knowledgeable personal injury attorney as early on in the process as possible. Your attorney will work for you, and is well aware of the “tricks” many insurance companies employ to minimize their financial outlay. Don’t be left with a pile of bills, unable to go to work and make a living for your family. Get medical help first, then contact an attorney who will advocate for your rights while you heal.

 

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Gathering Evidence Following Your Car Accident

January 18th, 2012

Of course no one ever intends to be involved in a traffic accident and suffer injuries as a result of that accident. Should you find yourself in such a situation, you must remember to act in your own best interests, because it is unlikely that your insurance company will go out of their way to help you out. Although it can be tempting to say a few choice words to the person who hit you, resist the urge. Standing around arguing with the negligent driver will hardly support the argument that you sustained significant levels of injury as a result of the accident. Failing to clear the scene of the accident in the most expedient manner possible can also lead to further accidents. If you are able, get yourself and your vehicle out of further harm’s way prior to even exchanging insurance information with the other driver.

Take Care of Your Injuries

First and foremost you must take care of any injuries you or your passengers sustained during the collision. Many people are so full of adrenaline following the car accident that they are unable to feel pain or recognize the full extent of their injuries. If there is any question whatsoever that you might be injured, take the time to be thoroughly checked out by a medical professional.  While not impossible, it does tend to make your attorney’s job in recovering damages more difficult if you refused medical treatment at the scene of the accident. If you were injured, keep careful and thorough records of your medical treatments and prescription medications as they occur.

Photographs and Witnesses Can Make All the Difference

Most cell phones now have built in cameras, and if yours does, snap as many photographs as possible with it. Photographs often convey information and details that you may have forgotten or not even fully realized at the time. Juries are much more likely to be influenced by photographs of an accident, and they are also useful in settlement negotiations with your insurance company. Remember to provide context to your photographs with a large array of both distant and close-up shots of the details. You can also have another person photograph your injuries including any bumps or bruises. Continue to take photographs through the duration of your recovery including photos of medical procedures, surgeries, treatments, and equipment such as crutches, a special bed, braces, etc.

If there were any potential witnesses to your accident, talk to them immediately if at all possible. Try to make notes of their names and addresses as well as anything they recall pertaining to the accident. Anything a witness remembers can make a huge difference later on, and no detail is irrelevant. If you are able, collect the license plate numbers of cars in the vicinity of the accident just in case you are able to find a driver of one of the vehicles later who saw something in relation to your accident.

Other Necessary Evidence

Once you are home after receiving medical treatment, get a notebook and write down absolutely everything you can remember about your car accident including where you were, which direction you were driving, if there were nearby traffic signals, the weather at the time, other driver’s you noted and any statements made by the other driver, the police, the emergency personnel or witnesses.  Continue to write in your notebook regarding the extent of your injuries, and the progress you make in your healing. If the accident has left you with limitations or forced you to change your lifestyle in any way, be sure and note these changes and limitations. Call the police department to find out when you will be able to get a police report, and look through your insurance policy papers so you won’t have any unpleasant surprises regarding your coverage. Preserve all evidence and retain a personal injury attorney as soon as possible. Especially if you sustained serious injury or damages from the accident, you will need an experienced attorney in your corner to ensure you receive compensation for the negligence of another.

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The Aftermath of a Hit and Run Accident

January 16th, 2012

Although any accident can be stressful, a hit and run accident can be especially traumatic—not only are you left with damage to your vehicle and injuries to yourself and/or passengers in your car, the person responsible has left the scene and you have no one to hold accountable. Lest you think these accidents are relatively isolated incidents, in fact nearly 11 out of every hundred traffic accidents involve a hit and run, leaving the unfortunate victim responsible for all the expenses which result from the accident.

Do You Have any Legal Recourse?

In order to criminally prosecute the person who hit you they must be positively identified. Even if you were lucky enough to get the plate number of the car which struck you, this number alone cannot be used for purposes of criminal prosecution unless there was also potential witnesses who are able to positively identify the driver of the vehicle. If you or a witness to the accident is able to positively identify the driver of the other vehicle through viewing a photo lineup, then a detective will investigate the accident further.  Be aware, however that if your accident occurred on private property or involved vehicles which were parked, an investigation will normally not occur. Most hit and run accidents do involve only the vehicle, yet many drivers fail to have adequate coverage on their insurance policy which will fully protect them in the event of a hit and run.

Hit and Run—a Frustrating Experience

Victims of a hit and run accident will likely end up frustrated and angry by the typical turn of events following the collision.  Although the hit and run accident laws vary from state to state concerning your liability and insurance coverage, some insurance companies will pay for the damages to your vehicle as well as medical expenses for your injuries following a hit and run, however others may deny your claim or attempt to recover monetary payments from you for anything they paid out.

Critical Information Following Your Hit and Run Accident

If you are able to remember the most pertinent information regarding the other driver or their vehicle, you increase your chances of identifying the hit and run driver and forcing him or her to make restitution. As soon as possible following the accident write down everything you can remember, no matter how small. Try to close your eyes and imagine the make, model and color of the car, any numbers or letter in the license plate, and any identifying characteristics of the driver. Draw a diagram of the accident scene which includes the directions both cars were headed. If there were any witnesses to the accident attempt to gather their contact information as well as anything they might have seen. Notify the police as soon as possible after determining whether you need medical attention. Remember that the adrenaline rush which comes with an accident can often mask pain, so even if you believe you have not been injured you should probably be checked out by a medical professional.

Call Your Insurance Agent, Then an Attorney

After you have tended to your health and called the police, you must then call your insurance agent and let them know about the accident. The odds are that the person who hit you will not be found for at least a considerable length of time. Even if the person is found, they may have no insurance coverage or coverage that is insufficient to pay for your medical expenses and damages. If you are able, and have a digital camera on hand, snap a few photos of the accident scene which will help your insurance company to resolve your claim in the most favorable manner for you that is possible. Even if you feel your insurance company will treat you right and cover your injuries and damages, it is still a good idea to contact a personal injury attorney who can walk you through the insurance claim process and assist you should an issue arise. A knowledgeable personal injury attorney will help you determine the best way to proceed so that you will not be stuck with expenses that occurred through no fault of your own.

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Sideswipe Automobile Accidents

January 12th, 2012

A sideswipe accident occurs when two cars which are more or less side by side collide, and is usually the result of one car changing lanes without first determining if it is safe, or when two cars change lanes simultaneously, colliding with one another. A side swipe accident can also occur in a parking lot as one car is backing out and another collides with it. Injuries in side-impact collisions can be even more severe than other types of accidents due to the fact that air bags and crumple zones are designed primarily for front and rear-end collisions.  Sideswipe auto accidents are responsible for nearly 9,000 deaths and 67,000 injuries each year and of the total reported accidents in the United States sideswipes account for almost nine percent.

Causes of Sideswipe Collisions

Weaving in and out of lanes while driving can lead to sideswipe accidents, especially when the driver is impaired or distracted. Distracted rivers who talk, text, change radio stations or turn around to discipline the children in the car are very susceptible to sideswipe accidents. Inattentive drivers can be distracted by passengers in the vehicle or by attempting to eat as they fly down the freeway. Drivers may be daydreaming or checking out the billboards by the side of the road. Whatever the reason for the distraction, it can cause very serious sideswipe accidents. When a sideswipe accident occurs in heavy traffic, more vehicles may end up involved in the accident as well.

Determining Fault

Determining who was at fault in a sideswipe accident can be difficult and may require a thorough investigation of the facts surrounding your accident as well as any eyewitness statements. If your sideswipe accident occurred on the freeway, it is unlikely you will be able to produce any witnesses who saw the accident—and stuck around to give a statement.  Recreating the scene of the accident can be quite complex when trying to accurately represent where each vehicle and victim was located at the time of the sideswipe accident. Evidence is rarely completely preserved in a situation where there is heavy traffic making it necessary to hire an experienced personal injury attorney who can work with experts to gather all necessary reports and medical documentation for your case.

Injuries from Sideswipe Collisions

Injuries from sideswipe accidents can be quite severe, involving neck and whiplash injuries, cervical and spinal cord injuries, fractures, bumps and bruises along with serious brain trauma in some cases. Should the sideswipe impact sends the struck vehicle veering into the path of another car or causes it to strike a solid object such as a tree or utility pole, then the injuries can be even more severe. Even in newer high-end cars which are equipped with side-impact airbags, they may not function as they should and can even be responsible for injuries.

Avoiding Sideswipe Accidents

While you cannot completely protect yourself from other unsafe drivers on the roadways, you can lessen your chances of a sideswipe accident by following simple safety rules. Never cross multiple lanes, rather cross one lane at a time after properly checking both sides and the rearview. Always use your turn signals even if you don’t think there are other cars close to you, and don’t cut in front of others when changing lanes. If you are approaching an intersection, wait until you are through the light prior to changing lanes.

Getting Help for a Sideswipe Accident

If you have been involved in a sideswipe accident, contact a reputable personal injury attorney in your area as soon as possible in order to completely protect your rights. Even if you don’t think you are seriously injured, seek medical attention as many injuries manifest days or even weeks following an accident, particularly neck injuries. You could end up with significant medical expenses and damages, therefore consulting an experienced attorney is your best line of defense.

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When Defective Tires Cause Accidents

January 9th, 2012

While auto accidents happen regularly—over 43,000 Americans die each year while nearly three million suffer from injuries sustained in an auto accident—finding out what caused each accident can sometimes be very difficult. Of course we’ve all heard about texting or cell phone usage while driving being responsible for tragic accidents and it’s true that distracted driving may be one of the primary causes of auto accidents in the United States. Because of the increasing amounts of time we spend in our cars, distractions are rampant; we eat in our cars, fiddle with the radio or GPS device, turn around to scold our children, talk on our cell phone or simply have our mind anywhere but on the road and the other drivers around us. But there are other significant causes of auto accidents, and defective tires are one of those.

How Many Accidents are Caused by Defective Tires?

It is estimated that thousands of the auto accidents each year are directly related to defective tires, especially single car rollover accidents. While sometimes the defect can be traced to simple wear and tear on the tire, many defective tires can be directly attributed to the fault of the manufacturer. Auto tires are actually one of the strongest components of your vehicle when they are in good shape and properly inflated. The tires have the amazing ability to absorb thousands of pounds of impact, remaining strong and inflated. When tire failure does occur, it usually means the tires had a structural deficiency when manufactured or that they were improperly installed on a specific vehicle. In fact, recent years have seen American tire companies recalling thousands of tires found to be defective—but only after lives have been lost.

Causes of Defective Tires

There are many ways in which your vehicle’s tires can be defective. Tires are made of rubber, and rubber undergoes chemical changes over the years. If you were sold a tire that was presented to you as new, but had actually been sitting in a warehouse for several years, the tire retailer could be liable for your injuries and damages. Tire tread separation is another manufacturing defect which leads to sometimes fatal rollover accidents.

In vehicles with a high center of gravity—such as Sport Utility Vehicles and fifteen-passenger vans—tread separation can lead to a blowout, causing the vehicle to rollover. Tread separation may be caused when the rubber fails to bond correctly to the steel belting during the manufacturing process; over 14.4 million Firestone tires which were installed on Ford’s Explorer model were subsequently recalled following reported fatalities. Valve stem defects are yet another factor in accidents caused by tires. Should the valve stem give way, a blowout results which often cause the driver to lose control of the vehicle.

Injuries Caused by Defective Tires

Defective tire accidents are often fatal, and those who survive such accidents may end up with brain damage, spinal cord injuries or other very serious injuries, leaving them severely injured or permanently disabled and unable to return to their lives and their future. The loss of income which results from such devastating injuries along with medical expenses can create the kind of financial burden that families rarely recover from.

If You Believe Your Accident Was Due to a Defective Tire

If you’ve been involved in an automobile accident and believe a defective tire was directly responsible you must first retain the evidence—the tire—in order to be able to prove the tire was defective. Once you have this critical piece of evidence you will want to consult with a knowledgeable personal injury attorney with a wide range of experience in accidents caused by defective tires. It is especially important that your chosen attorney have specific experience in tire defects as this type of case will be a product liability lawsuit rather than a straight negligence claim.  Seek experienced legal help to assist you in getting compensation for the injuries sustained by yourself or a loved one—the manufacturers of defective tires owe that to those facing a lifetime of consequences.

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Railroad Crossing Accidents

January 5th, 2012

Either a train derails or a train hits a vehicle or pedestrian at a railway crossing somewhere in the United States at least once every two hours. This statistic seems almost unbelievable, yet every year fatalities and severe injuries result from railroad crossing accidents. Because a train can be traveling at high rates of speed, and is obviously carrying hundreds of thousands of pounds of steel and freight, the outcome is rarely anything but grim.

Why So Many Railroad Accidents?

Railroads are largely self-regulated due to the federal laws which presently govern them. Even though investigations have reported a high rate of safety violations on the part of the railroads, little has been done to correct these violations. Defective train equipment is relatively common—this along with lack of proper employee training has been responsible for many railroad accidents over the years. When accidents do occur, railroad employees are prohibited from reporting defects in equipment or employee injuries. Unless there have been several accidents and subsequent lawsuits related to one particular site, the railroad companies are unlikely to improve the safety issues.

The Cost of a Human Life

Much of the railroad equipment being used today is severely out of date. Railroad companies are using technology developed over seventy years ago, meaning there are obvious safety issues which need addressing. More than two-thirds of all public railroad crossings lack safety lights and safety arms or gates, and over 60% of all railroad accidents occur at these crossings. While it’s true that installing such safety equipment would cost approximately $150,000 per crossing, this is little enough when talking about human lives. Many people assume that those who are struck by a train must have been driving dangerously or trying to “outrun” the train, but in fact when the weather is less than optimal or when it’s early in the morning the lights of a train can be extremely difficult to see. This is the reason it is so important to have appropriate safety features at all railroad crossings.

The Laws Which Govern Railroad Accidents

Collisions which occur at railroad crossings are often governed by negligence and civil tort laws in the jurisdiction in which the accident occurred. Other times Federal statutes may preempt state law, governing any potential lawsuits which arise from the accident. In cases where it appears federal law will prevail, an experienced railroad accident attorney may be able to pursue a claim in state court as well. It is extremely important that you choose a personal injury attorney who has dealt with railroad accident claims as they can be quite complex. What many people fail to recognize is that they may have only six months in which a lawsuit can be filed therefore time is of the essence. Injuries caused by trains may be governed by the tort claims act, meaning the governmental entity must be given notice of the injury within a short period of time.

What to Do Following a Railroad Crossing Accident

If you have been the victim of a railroad crossing accident, especially one which resulted from poor safety measures on the part of the railway, you must seek legal help immediately. It is likely that you have suffered severe injuries which may require medical treatment for months, years, or even a lifetime. Your medical expenses are probably mounting alarmingly and you may be unable to work, therefore have no regular paycheck coming in to cover expenses. Make sure you create a solid paper trail from the moment the accident occurs, and seek medical help as soon as possible. Don’t speak to anyone about the accident until you have discussed the situation thoroughly with your attorney. Anything you inadvertently say to an insurance representative or an investigator for the railway can come back to haunt you, making it very difficult to settle your claim. Protect yourself by allowing a knowledgeable personal injury attorney to handle the complexities of your case.

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Staying Awake and Alert Behind the Wheel

January 3rd, 2012

It is estimated that at least twenty percent of all car crashes in the United States are caused by drowsy drivers, and that exhaustion or sleepiness causes over thirty percent of fatal truck accidents. Researchers estimate that getting only four hours of sleep for five nights in a row is the equivalent of staying awake for twenty-four hours, and rivals drunk driving for the level of danger to other drivers. The National Highway Transportation Safety Administration believes that over a hundred thousand crashes are directly attributable to sleepy drivers behind the wheel however the numbers are likely much higher than this. After all, an accident tends to wake drivers up, and few will want to admit they fell asleep behind the wheel.

If you were able to get an honest assessment from a truck driver he or she would likely tell you that drowsy driving is one of the primary problems in the trucking industry. Truck drivers are allowed to put in ten hours behind the wheel before being required to take a break, and even with that they sometimes exceed those rules. While it is recommended that drivers take breaks every two hours, few follow these guidelines.

Sleep—the Essential Ingredient

Sleep is essential to human health, attentiveness and levels of energy, yet in our fast-paced society sleep is often the first thing to go by the wayside. The National Sleep Foundation believes that over sixty percent of American Adults don’t get the requisite amount of sleep on a regular basis. A huge amount of adults in our nation are so tired during the day that it actually interferes with their work or activities. This level of exhaustion can cause many health problems, but once you climb behind the wheel it can be responsible for serious injuries, even death.

How Does Sleep Deprivation Cause Accidents

Even if you don’t actually fall asleep behind the wheel, just being drowsy or tired can contribute to car crashes because it significantly slows your reaction time. People who are exhausted are less aware of their surroundings, meaning less aware of the cars and drivers around them or of hazardous road conditions. Drowsiness also tends to impair judgment; those who are tired may think they can make it through that yellow/red light while they would never attempt it if they were awake and alert. Sleepy drivers are also more subject to road rage, as the lack of rest can render them tense and impatient, and prone to exceeding the speed limit and driving recklessly.

Coping With Fatigue on the Road

Obviously, the best thing to do if you feel yourself nodding off or recognize you are less than alert behind the wheel is to pull over and take a nap. Unfortunately, less than one-fourth of all drowsy drivers report doing that. Many simply pulled through a drive through for another cup of coffee, hoping the caffeine would take care of their fatigue. While drinking a cup of coffee or a soda with caffeine may help you feel a bit more alert, the effects are only temporary at best. Other than getting a good night’s rest each night, you must learn to pay attention to your body’s warning signs of fatigue when you are driving down the road. If you feel your attention wandering, have disjointed thoughts, yawn incessantly, find your focusing ability impaired or realize you have missed traffic signs, you are too tired to be driving and are a danger to yourself and others.

If you have been involved in an accident caused by a drowsy driver and are left with injuries, damages and medical expenses you must contact an experienced personal injury attorney as soon as possible in order to get the help you need and deserve. Don’t wait until it’s too late, and don’t accept the first offer by the insurance company. Let a professional attorney guide you in making what could turn out to be some of the most important decisions of your life.

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