Archive for the ‘Car Accidents’ Category

Side Impact Collisions—Responsible for Nearly One-Fourth of all Car Accidents

Wednesday, April 25th, 2012

Nearly 10,000 people die annually in the United States as a result of side-impact collisions, making them second only to head-on collisions in terms of fatalities. When the side of one vehicle impacts with the front of another, it is sometimes called a T-bone accident. While accidents of this nature are likely to be grave, the ultimate seriousness of the injuries of those involved in the accident will depend on the mass and velocity of the oncoming vehicle as well as the part of the car which is struck. Once the car is struck, the collision is generally forceful enough to spin the vehicles in opposite directions than they were originally traveling.

Should the oncoming vehicle be traveling at a high rate of speed when the collision occurs, the vehicle which is hit could rollover or even ricochet off other vehicles, fixed objects or even hit a pedestrian. If the vehicle is struck right in the middle, between the tires, injuries will likely be more serious than if the vehicle is struck toward the front or near the side of the trunk. While a head-on collision at high speeds is almost always deadly, a head-on collision at lower speeds actually affords the passengers inside a bit more protection than a side-impact collision.

There is little to no protection afforded the passenger sitting barely a few inches on the other side of the door once the oncoming car collides. Although side impact airbags would certainly lessen the seriousness of side-impact collisions, currently only the higher end vehicles have them. Even those vehicles with side-impact airbags cannot lessen further impact as the car continues in motion and collides with other objects since the airbag deflates almost immediately after the initial impact.

What Precipitates Side-Impact Collisions?

Most T-bone accidents occur in intersections and quite often are the result of either driver inattention or negligence or possible inadequate traffic signs. Even drivers who are safe and law abiding can find themselves victims of side-impact accidents which occur in an intersection. When the oncoming driver ignores the other driver’s right-of-way, intersection accidents are likely. This can occur when one driver runs a stop light continuing through the intersection with a total disregard for the traffic coming from the other direction—who actually have a green light and thus the right-of-way. Other times negligent drivers may fail to yield at a yield sign, or make a “sliding stop” at a red light prior to making a turn across the intersection. Drivers who are distracted by any number of issues inside their car can find themselves traveling through the intersection illegally, slamming into the side of another driver.

Injuries Resulting From a Side-Impact Collision

Most vehicles can sustain a low-speed crash, however the soft tissue of the bodies inside cannot. Most side-impact collisions whip the occupant’s head and body from side to side, and when the car has no side-impact airbags, the occupant’s head can slam into the hard glass of the door window. Head, neck and chest injuries as well as injuries to the arms and legs are common in side-impact collisions, and the victims are likely to suffer multiple cuts and bruises, from minor to serious. Head trauma of this nature can result in dizziness, blurred vision and headaches, or in some cases more serious brain trauma. The occupant in the vehicle sitting on the side which was struck will likely have the most serious level of injury. In some cases, injuries can manifest hours or even days following the accident. This can be due to the surge of adrenaline which the body releases when the car collision occurs, and this adrenaline can mask the symptoms of injury in some cases.

Getting Help Following Your Side-Impact Collision

Those who have been injured in a side-impact car collision should seek immediate medical attention. Once medical needs have been attended to, a highly experienced personal injury attorney should be consulted. You will need to discuss the merits of your particular case and determine whether you have a valid claim against the negligent party. Don’t suffer on your own—let a knowledgeable attorney work on your behalf to ensure you receive the compensation for your medical expenses, lost wages and pain and suffering which you need and deserve.

Getting the Help You Deserve After Suffering a Spinal Cord Injury from an Auto Accident

Monday, April 16th, 2012

Spinal cord injuries, commonly called SCIs are severe traumas to the cord which connects the spine resulting in unpredictable levels of paralysis, injury which impacts the function in the limbs or loss of feeling. Car accidents are the primary reason for spinal cord injuries and all spinal cord injuries can be split into the categories below:

  1. The cervical vertebrae hold up the neck, and when this area is injured the nerves which regulate the posterior of the head as well as affecting the arms, hands, diaphragm muscle and shoulder. Because the diaphragm is used to breathe, such injuries to the cervical vertebrae can be life-threatening.
  2. The thoracic vertebrae are below the cervical vertebrae and control the muscles of the chest, certain areas of the stomach and specific upper back muscles. Injuries to the thoracic vertebrae can render the victim unable to move on their own or even to breathe and may also limit the necessary functions of the gastrointestinal region.
  3. The lower back is supported by the lumbar vertebrae which also control the muscles in the buttock region, certain areas of the legs and genitals, the region of the back closest to the hips, and the lower stomach region. Injuries to the lumbar vertebrae are the most likely to cause paraplegia as well as cessation of bladder and bowel function.
  4. The sacrum at the base of the spine is formed by five fused vertebrae known as the sacral vertebrae. When this area is damaged, the victim may lose all capability of controlling the lower legs, thighs and feet.
  5. The tailbone has the medical name of coccygeal vertebrae and damage here controls the sensations in the lower back. While injuries here can be excruciatingly tender, they tend to be less serious than damage to the other vertebrae. The paralysis or damage to the spinal region will differ according to which area is damaged as well as whether the cord is severely bruised, fractured, partially severed or completely severed.

While the vast majority of spinal cord injuries are the direct consequence of an auto accident, the remainder stem from gunshot wounds, assaults, serious falls or as the result of a sports injury. Males suffer nearly 82% of all spinal injuries, and only about half of all those dealing with spinal injuries were covered by health insurance at the time of their accident. Whether the victim of a spinal cord injury has insurance or not it is likely that the financial expenses faced by someone who has been injured in this manner will be enormous.

The victim’s life—and that of his or her family—will be changed forever depending on the degree of paralysis suffered. Many victims of spinal cord injuries must spend the remainder of their life in a wheelchair, and in many cases expensive home and vehicle accommodations will be required. While the victim who suffers partial paralysis may be able to be self-sufficient to some extent, others may require round-the-clock caretaking.  This level of caretaking can cost astronomical sums of money and even if a family member intends to be the primary caretaker for the injured victim, they are also entitled to be paid for their time.

When you consider all the changes which will occur in the life of the victim of a spinal cord injury, it only makes sense that they should be compensated for the unexpected expenses as well as the changes to their life by the negligent party. An experienced personal injury attorney can advocate on the victim’s behalf, ensuring they receive compensation for the medical expenses, both present and future, caretaking expenses, lost wages as well as the pain and suffering experienced as a result of the accident. Don’t suffer the further financial harm in addition to the trauma of your accident and subsequent injuries, rather get the help you need and deserve.

Common Myths Regarding Personal Injury Claims

Monday, April 9th, 2012

It is to be hoped that you will never be required to seek out the services of a personal injury attorney, however if you or someone close to you has been involved in a serious accident and suffered significant loss then you will be relieved to know that a highly skilled personal injury attorney can help you get the compensation you need and deserve. Many people are unaware of the facts about personal injury claims and see them as something which only disreputable or dishonest people engage in. In reality those who have been injured through the negligence of another are entitled to compensation and these myths must be dispelled so those who are in need can get the help they deserve. Below are some of the typical myths associated with personal injury claims:

  • Hiring an attorney is extremely costly and there are few personal injury attorneys out there who won’t take advantage of your pain. In truth, there are many, many law firms with attorneys who fully understand the needs of clients while also offering compassion and understanding. Personal injury attorneys rarely require their clients to pay any money up front and take on the considerable expense of a personal injury lawsuit on their own—commonly known as a contingency case. Unless your personal injury attorney wins your case, they get no money at all, and are likely out a good amount. Additionally most lawyers offer a free consultation where you can get a knowledgeable answer about the viability of your particular case.
  • All plaintiffs are guaranteed compensation. Every personal injury case is unique in some aspect, and as such are judged on their specific characteristics. Simply retaining a personal injury attorney is no guarantee that you will receive any level of compensation.
  • A personal injury claim can take years to settle. The vast majority of personal injury lawsuits settle out of court in a relatively short amount of time without the necessity of the plaintiff appearing in court or a lengthy trial. In fact, most personal injury attorneys seek to obtain a fair settlement for their client without going to trial because they understand that personal injury trials often have a low chance of success at trial. Personal injury attorneys also realize that the cost of a trial as well as the length of the trial can be prohibitive and that an ongoing trial can disrupt their client’s life for a very long period of time.  Juries are known for being unpredictable and may have biases or be unsympathetic to the injured party despite the facts of the case.
  • Plaintiffs must settle their case prior to receiving treatment. This is simply untrue—all plaintiffs are legally entitled to appropriate and timely treatment and are not required to wait for a settlement before they can receive medical treatment. Victims must ensure they retain all bills and medical records and keep extremely meticulous records as the eventual settlement could hinge on these items.
  • Personal injury cases can be settled without benefit of a personal injury attorney. While a plaintiff is not legally bound to hire a personal injury attorney in order to file a lawsuit against a negligent party, it is highly advisable they do so. Think about it—would you make the decision to totally re-plumb your home if you had absolutely no plumbing experience? Would you pull the transmission out of your car to repair it if you had never so much as changed your own oil? Going into a personal injury lawsuit without benefit of a highly experienced personal injury attorney is much the same. Personal injury cases are extremely complex and require the knowledge and experience of a personal injury attorney in order to reach a favorable outcome.
  • The insurance company will treat you fairly. You may have images in your mind of all the insurance commercials you have seen in which the insurance adjuster is friendly and compassionate and only has their client’s best interests at heart. Unfortunately, this is rarely the case. Insurance companies have their own financial bottom line uppermost in mind when dealing with claims. Their goal is to pay as little as possible to their policy holders in the event of an accident and resulting claim. Personal injury attorneys are highly skilled in dealing with insurance companies and will ensure you are not taken advantage of.

There are more myths regarding personal injury claims, however these are the most common. If you are the victim of an accident with injuries, it’s important that you get the help you need and deserve.

Are your Vehicle’s Airbags Really That Safe?

Monday, April 2nd, 2012

Estimates put the number of lives saved by airbags on a yearly basis between 3000 and 15,000—this statistic fluctuates depending on which agency is reporting. The NHTSA states that front airbags in vehicles have an effectiveness rate of 11 percent when the occupant is also wearing a safety belt. Vehicle airbags have saved many lives and are an important part of your vehicle’s overall safety mechanisms however there are instances in which a product which is specifically designed to keep you safe turns dangerous.

In 2004 alone there were nearly a million and a half safety recalls regarding airbags which deployed unexpectedly, when there was no crash involved. 2008 saw Honda manufacturers issuing a recall on 830,000 vehicles due to the fact that the airbags opened with so much force that some of the metal portions of the airbag were being expelled, causing extremely serious injuries to those in the vehicle. Ford Motors recalled over a million F-150 trucks in 2008 because of airbags which deployed unexpectedly and in 2011 over 300,000 Chrysler and Dodge minivans were recalled for the same reason.

Problems with Technology

The newest generation of airbags is more sophisticated than most of us could ever have imagined since the vehicle’s computer takes a variety of factors into consideration such as the person’s weight, their position in the seat, whether or not a safety belt is worn and the speed of the impact before the airbag is deployed. While this sounds promising, the fact is that these incredibly sophisticated airbags are not offering the level of protection as those in older vehicle models.

One statistic shows that drivers who are wearing their seat belt properly have a 20% higher risk of death in a vehicle with a highly sophisticated airbag than a driver in a vehicle with an older style airbag. Although these results sound impossible, it is theorized that they may have something to do with whether a seat belt is worn. Even though we have all heard the warning that an airbag can do serious damage if the driver is not securely belted in, it appears that today’s highly sophisticated airbags are designed to accommodate a driver who is not belted in meaning they deploy with considerably more force than the older airbags.

This level of force can be very dangerous to the vehicle occupant who is legally and securely safety-belted in. Airbags typically deploy at speeds of up to 200 mph in mere milliseconds, and even though the airbag may look like a big cuddly pillow, the explosion of energy can cause serious or fatal injuries, especially for smaller adults or children. When the airbag explodes horizontally, the passenger’s head can receive serious or fatal brain, neck or spinal trauma.

Why All the Problems With Airbags?

There is presently not a standardized system for the manufacture of airbags, meaning each company who produces airbags may have a completely different set of components involved in the manufacturing process. Inflators, sensors, material used in constructing the bag and the wiring mechanisms vary widely from one manufacturer to another, and it is also speculated that many airbag manufacturers install the cheapest rather than the safest airbag components. The negligence related to defective airbags may be attributed to the airbag manufacturer or with the car manufacturer however if you’ve suffered injuries from a defective airbag it’s extremely important that you have a skilled personal injury attorney in your corner who can determine where the responsibility lies.

You Have the Right to Feel Safe

If you purchase a vehicle which has safety mechanisms installed you likely feel you are protected in the event of a crash. Unfortunately, in some instances the very device which makes you feel safe can end up causing injuries rather than protecting you and your family. When a product which is designed to keep you safe causes you harm, you may be eligible for compensation for medical expenses, lost wages and pain and suffering. Don’t wait to get the help you need—call an experienced personal injury attorney today.

Road Rage—A Growing Problem

Wednesday, February 29th, 2012

An automobile collision can be a traumatic experience under any circumstances, but in instances where the victim has received injuries as a result of road rage on the part of another, it can be especially damaging. Road rage did not receive much attention until fairly recently, although a study which looked at fatal traffic accidents which occurred between 1990 and 2006 found that a significant number of those fatalities were a result of a road rage incident. Especially in today’s society, road rage is becoming more and more common as a cause of car collisions. Our heavily congested freeways can make morning and evening work commutes a tension-fraught time, causing even the most even-tempered people to lose their cool behind the wheel.

Minor Forms of Road Rage

There are different levels of road rage, and in its most minor form, road rage can encompass horn-honking, light flashing, shouting or swearing or using well-known—but rude—hand gestures. The problem with these more minor forms of road rage is that they can cause another person’s rage to escalate to an even more serious level. In other words, your honking and shouting may make another person—whose temper was hanging on by a mere thread—explode into anger and violence.  This is something you should always keep in mind while on the freeways and highways, and do your best to stifle even your most minor forms of road rage in the interest of not being responsible for a much worse reaction from another driver.

More Serious Forms of Road Rage

Most of us have witnessed the obviously angry and out-of-control driver who is tailgating another driver, perhaps in retaliation for being cut off or some other perceived slight. These people can be extremely dangerous, and can resort to pursuing another vehicle, attempting to run them off the road, and, should they succeed in stopping the vehicle they may even engage in physical assault against the driver. Back in 2000, a truck driver chased a motorcyclist over twenty miles, then when he finally caught up with the motorcyclist he hit him with his truck, causing the motorcyclist to ultimately lose a leg. While this is an extreme example of road rage, these incidents are becoming more and more common.

Penalties for Road Rage

While there are no road rage laws per se, those who engage in road rage can be charged with aggressive driving, reckless driving or assault with a deadly weapon (the vehicle being the deadly weapon). This means that a person who causes harm to another through the use of his or her vehicle could end up in prison for 2-4 years, and if a death is the result the penalties could be even harsher.

Avoiding Road Rage

Let’s face it—driving can be stressful, and most all of us have found ourselves frustrated for one reason or another as we drive to our destination. Even so, it’s very important that we avoid engaging in any type of aggressive driving behaviors including even speeding, changing lanes aggressively or suddenly, failing to yield as we should, or deciding we can make it through the changing light. Any of these acts, even if done with absolutely no bad intentions, can trigger an angry response in another driver that can potentially escalate into rage and even acts of violence. In fact, go out of your way not to offend another driver—avoid cutting other drivers off, and if you do so inadvertently, apologize, avoid tailgating and horn-honking and most of all avoid making offensive gestures no matter how angry you are. If another driver is behaving aggressively toward you do not engage him or her—your life could depend on it. Avoid eye contact, take the nearest exist, and if you’re being followed, dial 911 or try to find a safe and/or crowded location before you pull over.

If you’ve been the victim of road rage and were left with injuries and damages as a result, contact an experienced personal injury attorney who has dealt with incidences of road rage before. You absolutely need a knowledgeable advocate in your corner during this time.

What It Means When Your Insurance Company Says Your Car is Totaled

Monday, February 27th, 2012

Aside from being told that your insurance policy has been cancelled, the next worst thing could possibly be when your insurance company tells you your car is totaled. If you were particularly fond of your car, hearing it is considered totaled following a collision is almost like a death sentence. If your car didn’t look that bad to you following the accident you may take issue with the whole idea of totaling your beloved vehicle and wonder how the decision came about. In general, if the estimated repairs add up to 75-80% of the current market value of your vehicle, then it will be considered totaled. Another reason your car could be considered totaled is if the insurance company believes it is impossible to repair the car safely, or repair it in a manner that would leave your car as safe as it was prior to the accident.

How Does This Formula Work?

Remember, this is the current market value, not what you paid for the vehicle, and if you bought a new vehicle fairly recently, that value took a major hit via depreciation the minute you drove off the car lot. Older, less valuable cars with relatively minor damage might be considered totaled, while a newer vehicle with more significant damage could be considered reparable using the 75% formula. Whether you are full of dismay over your vehicle being declared a total loss or you are actually rather relieved and hoping to get a better car out of the deal, remember not to rush into accepting the first offer by your insurance company.

Your Options

You do have some options regarding a vehicle the insurance company deems “totaled,” and it can really pay to be aware of them. Even if a car looks pretty mangled, it could be salvageable.  And if the car truly is beyond saving, the first offer given out by your insurance company may not be the best you can receive for your crumpled car. If you think the amount offered by your insurance company is little more than a joke, you do have the right to appeal their decision. You can also choose to buy back the vehicle from your insurance company, and in cases where you have made significant—and expensive—modifications, this could be your most financially sensible option. What will happen in this case is that your insurance company will subtract what they would have gotten for your wrecked car at a salvage yard from their final cash offer, and the difference will be what it will take for you to buy your car back.

Some insurance companies offer the option of finding a car that is largely similar to your wrecked one rather than offering you a check which is less than you feel it is worth. You could also accept the cash offer your insurance company is pushing, but remember you will have to replace your old vehicle with this check, and in most cases, unless you happen to find a really good deal, this is just not feasible, so you may end up with much less car than you had before the collision. No matter what the situation, you have the legal right to ask—and be told—how your insurance company arrived at their final figure. They may have used the Kelley Blue Book to determine the value of your car at the time of the accident or possibly the NADA guide. You may feel that there were expensive features of your old car that were completely overlooked by your insurance company, and this is where an appeal comes into play.

What Happens to Totaled Cars?

Once your car is declared totaled, your insurance company will likely sell it to a salvage yard where it will be parted out at auction. Should you decide to keep the car you will be responsible for any necessary repairs, and in some states you will either have to buy a salvage title or have your car inspected once you’ve completed the repairs. If you have a newer model car which could conceivably bring in a fair amount of money when the parts are auctioned off, the insurance company may not be amendable to you keeping the car as they may feel they would get more return at auction.

 

 

How Rollover Accidents Occur

Friday, February 24th, 2012

Rollover accidents comprise almost one-fourth of all vehicle-related fatalities in the United States, and statistics show that in 2010, over 8,000 Americans were killed in a vehicle rollover. Primarily those who die in rollover accidents die from being ejected from the vehicle as it flips over. Rollover claims can be very complex due to the fact that forces aside from driver error may come into play and it can be necessary to make a definitive determination regarding the actual cause of the accident. The majority of rollover accidents happen in an SUV or a fifteen-passenger van because both of these vehicles have a very high center of gravity, making them extremely top heavy. When looking at rollover statistics concerning SUVs in particular, as many as half of all SUV deaths occur because of a rollover accident.

How Does a Rollover Happen?

Sudden or sharp curves in the road are the primary reason for a rollover accident. Many times the driver does not slow the vehicle sufficiently to take the curve, usually because they did not realize the curve was coming or did not realize it was so sharp. Once a car enters a sharp curve too fast, then a force known as down force or tire force pulls the vehicle into the curve—but at ground level. At the same time inertia forces pull the upper part of the vehicle in the opposite direction. This is a deadly combination of inertial and down forces which—in combination—cause the vehicle to roll to the outer side of the curve. At this point gravity steps in, creating a momentum which makes the vehicle roll over, usually multiple times.  Another cause of vehicle rollover occurs when a vehicle slides on an icy or wet road then hits a stationary object. When the vehicle comes to such an abrupt stop, inertia comes into play once more, flipping the vehicle over.

Vehicles Most Prone to Rollover

The Ford Explorer, Suzuki Samurai, Jeep CJ, Isuzu Trooper and Mitsubishi Montero have been targeted as the most likely to experience rollover accidents, however all sport utility vehicles are at risk. In addition to sitting up higher—to accommodate the four-wheel drive—the distance between the right and left wheel also becomes a factor. Those vehicles which are manufactured with a relatively narrow amount of room between the right and left wheels are more prone to rollover during a sudden turn. Of course speed can often be a factor in these rollover accidents so it may be somewhat unfair to target specific vehicles. Owners of these specific vehicles, or any other SUV or 15-passenger van, should be very aware of the potential hazards of the vehicle and adjust their speed accordingly, especially on sharp curves. Finally, when an SUV collides with either another vehicle or object, it can lead to instability and a potential rollover, as can an overcorrection made by the driver.

Defective Products as a Cause of SUV Rollover

In some instances an SUV rollover could be caused by defective vehicle parts rather than any driver errors. Faulty brakes or tires or even a steering column which has loosened could cause a potentially tragic accident. While wearing a seatbelt is required by law, and seatbelts absolutely keep passengers safe during an accident, seatbelts can malfunction, allowing the passengers in an SUV rollover to be ejected.  If your SUV rollover accident was caused by a defective vehicle part, you not only need a personal injury attorney, you need one who is highly skilled in defective product liability.

No matter the cause of your SUV rollover, you must contact a highly experienced attorney as soon as possible following the accident. It is likely that independent experts such as accident re-constructionists or mechanical experts may need to be brought in to determine the precise cause of your accident. The negligence will have to be pinpointed in order to file a corresponding claim for compensation.

The SUV Link to Rollover Accidents

Wednesday, February 22nd, 2012

Most of us are aware that if you drive an SUV or a fifteen-passenger mini-van you may stand a much better chance of being involved in a rollover accident. If you are unaware of the issues surrounding SUV’s then an accident could certainly be in your future as you will not realize the adjustments which must be made while driving, most particularly when driving around curves. Rollover accidents account for between one-fourth and one-third of the total number of rollover accidents in the United Sates, and for SUVs in particular, over half of all the vehicle fatalities among those driving SUVs occur during a rollover accident.

Designers of the SUV have made some alterations in the overall design of the vehicles in the past few years in an attempt to correct the rollover potential, however many new SUVs still have the narrow base and high center of gravity which can lead to tragic consequences.  Even though the National Highway Traffic Safety Administration has decreed that vehicle manufacturers will introduce models with lower centers of gravity as well as wider wheel bases, there is reluctance in the industry to make these changes due to the financial aspect.

Negatives of SUV Vehicles and Manufacturer’s Solution

Soaring fuel prices and increased insurance premiums have caused a slowdown in the purchase of SUVs—some insurance companies flat refuse to insure the higher-profile SUVs. Because the traditional SUV is not selling as well, whether due to the rollover potential or other factors, manufacturers are making an attempt at producing crossover vehicles which offer higher levels of safety as well as fuel economy. Additionally, the newer SUV models have implemented specific safety devices in an attempt to minimize rollover accidents.

One such mechanism known as electronic stability control helps the top-heavy SUV stay on the road rather than skidding out of control and flipping over. The ESC implements a form of automatic braking which is triggered when the on-board computer senses any type of skid. While this ESC system has been implemented in over half of the SUVs manufactured after 2007, the NHTSA has mandated that all SUVs will implement an ESC mechanism in models built after 2012. Many of the newer SUVs also come with side curtain air bags which are meant to protect the passengers in the event of a potentially tragic rollover.

Problems with the Ford Explorer

The Ford Explorer has demonstrated one of the highest rollover rates of any other vehicle on the road, with the models manufactured between 1999 and 2002 having the highest probability for a potentially tragic rollover accident. These vehicles have also labored under defective tire problems, vastly compounding the likelihood of a rollover. Even though Ford has paid out millions in settlements for those who have been injured or killed in rollover accidents, they are unwilling to completely redesign the vehicle or recall those currently on the road. The Ford Explorer as well as many other types of SUV’s often lack a metal roll bar which can prevent roof crush—and fatal injuries—in the event of a rollover accident. The relatively weak roofs and inadequate crash protection which are common in many SUVs combined with their narrow wheel base and high center of gravity can be a tragic accident in the making, particularly when drivers are not fully aware of the necessity of slowing down on curves.

Getting the Help You Deserve

The results of a rollover SUV accident can be devastating; those victims who live through the accident may face months, years or even a lifetime of medical treatments and may even be disabled for life. It is likely there will be substantial income loss as a result of the accident as well as massive medical expenses as a result of the severe injuries and long-term rehabilitation. In other words, an SUV rollover accident is life-changing, and you need to ensure your legal rights are fully protected. You do not want to inadvertently give up your right to a legal claim through signing papers before you have legal representation. Call a highly experienced personal injury attorney today and allow him or her to take care of the legal end while you focus on healing.

 

How Low-Speed Crashes Can Turn Serious When One Vehicle is an SUV

Monday, February 20th, 2012

It is likely that you may never give a second thought to the bumper on your vehicle—until that bumper is responsible for an injury during a relatively minor collision. The bumper on your car can be not only the first contact point, but the first level of protection in many car collisions. While the Federal government has mandated a specific bumper height for most cars, with safety issues in mind, this law is currently not applicable to pickup trucks or SUVs. While many SUV and truck manufacturers go the extra mile in an attempt to ensure their bumpers are compatible with those of normal passenger cars, other manufacturers simply refuse to do so.

The SUVs with poor bumper designs can actually be responsible for injuries or even death to other drivers in the event of a crash—even a relatively minor one. Think about the SUV with the huge bumper which sits much higher up than that of a typical passenger vehicle. Should that SUV come into contact with a car whose bumper is significantly lower, the SUV literally “climbs” up on the top of the other vehicle, literally crushing the occupants inside with the heavy bumper.

Why are SUVs So Popular?

SUV’s became popular in the late 1990’s and early 2000’s, however sales have recently declined largely due to the extremely high gas prices and the declining economy. While the original SUV was based on the truck model, the newer crossover SUV is modeled on the smaller, lighter automobile. People originally jumped on the SUV bandwagon for several reasons: the SUV could tow a trailer, RV or boat, while still carrying many more passengers than a typical truck. Many people felt the SUV offered the advantages of a mini-van with a much sportier look. Because SUV’s are typically larger and sit up higher than a traditional passenger vehicle, the driver of an SUV feels safer, and since many SUVs offer four-wheel drive, owners feel they are better able to handle bad road conditions.

The Negative Aspects of SUVs

Unfortunately, the majority of SUVs, with their higher center of gravity and shorter distance between left and right wheels, can end up in a potentially fatal rollover accident. SUVs are much more likely to be involved in rollover accidents, and those accidents are much more likely to be fatal. While most people are now aware of the rollover potential, many are unaware of the SUV bumper issue. A typical SUV bumper is several inches higher than those of passenger vehicles or mini-vans, meaning the damage that bumper does when it collides with a smaller, shorter vehicle can be significant. Even in crashes at speeds as low as ten mph, pairing an SUV against a regular passenger car, the amount of damages to the car were over twice those of the SUV. The studies were done using an SUV and passenger car from the same manufacturer in an attempt to force automakers into re-thinking the bumper heights of their SUVs.

Bumper Design Causes Problems for All

Aside from the damage done to other vehicles by an SUV bumper, those same bumpers often did quite poorly in crashes at speeds as low as 2.5 mph. Because they are not federally mandated, the bumpers on the majority of SUVs on the road today do nothing to absorb the energy in a crash and have actually been labeled as carelessly designed. In low-speed collisions involving an SUV there can be serious injuries to the people inside both vehicles, yet many insurance companies are reluctant to pay for the injuries and damages precisely because of the low speeds involved. Soft tissue injuries such as whiplash are common occurrences in low-speed crashes, and when an SUV with a higher bumper is involved, those types of injuries—as well as others—are even more likely. If you have been involved in a relatively low-speed collision and your insurance company is denying your claim, you need immediately legal help. An experienced personal injury attorney can refute the insurance company’s claim that the speed of the collision was simply too low to be responsible for injuries and damages and ensure all your rights are fully protected.

 

Special Considerations of a Rental Car Accident

Tuesday, 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.