Articles Posted in Car Accidents

If you have been injured in a car accident, it should be no surprise if the insurance company you are dealing with needs additional information to verify your injuries and the expenses behind them. This part of information gathering is called discovery, and it may be difficult to deal with on your own. This is part of the reason that injury victims hire attorneys.

With that, we offer the following post to give our readers an idea of what discovery is all about. 

For the uninitiated, discovery is important for finding and developing evidence to support the basic elements for a negligence claim. These include the duty to use reasonable care, the breach of said duty, proving that the breach was the proximate cause of the injury, and damages. So through the discovery process, your personal injury attorney will seek information such as:

For many people, today is a travel day so that they can avoid the traffic and chaos that comes with trying to get out of town for a holiday weekend. Among the many headlines ahead of the holiday: gas prices are at a five-year low for this time of year and more than 40 million people across the U.S. are expected to travel at least 50 miles away from home.

With more people on the road, the chances of being in an accident inherently increases. Indeed, people don’t expect to be in a crash, but it is always helpful to be prepared in the event of one. This post will highlight a few things an accident victim should do.

Check on everyone in the accident – If the people you see are conscious, try to move them to a safe place and call to get medical attention. If they are unconscious, be very careful about moving them. The same applies if a person complains of neck or back pain.

With the Fourth of July weekend approaching, it is likely that people across central New York will be travelling to their favorite vacation spots. In fact, with gas prices considerably lower than they were last year, it would not be surprising if more people were on the road this week. With higher traffic volumes comes the greater chance for an accident.

Of course, no one expects to be in an accident, but they inevitably happen. When they do, the possibility of being injured is always a consideration. With that, this post will highlight some of the common injuries suffered.

Back and neck injuries – These are very common injuries in accidents. Depending on the severity, they may manifest themselves differently. For rear end collisions, the likelihood of whiplash is high. Also the violence of a crash can lead to back injuries. So if you experience soreness in your back or neck directly after the crash, or in the days after it, you should inform an experienced personal injury attorney.

With all the miles that you may drive in a certain year, you hardly expect to be in an accident. Nevertheless, no matter how careful you may be, an accident may happen. In these instances, it is helpful to have as much information as possible so that you can resolve the case without having to resort to legal action.

But in the event your situation does not resolve itself, it is helpful to know what information will be helpful in bolstering your case. This post will identify some key pieces in that regard. 

Police reports – The officers that respond to your accident may issue a citation to the other driver (or to you), but  keep in mind that officer will also be responsible for preparing a report that details what he or she saw at the scene. The key pieces of information in a police report include observations about the other driver being impaired drugs or alcohol or skid marks in the street.

The world isn’t ready for self-driving cars, but it might as well get accustomed to them, because they are coming whether we like it or not. Depending on the automaker, there is likely to be more than 10,000 miles of test driving before a driverless car is sold in the U.S.

But in the midst of this testing, a number of motorists will see them. While they are not necessarily solicited for their opinion of these cars, a few have voiced their opinions. One person who has seen the testing of Google’s vehicles first hand offered his accounts and they were featured in a Time.com article. 

Essentially, he said that the Lexus RX 350’s he’s seen outfitted with Google’s navigational equipment were not dangerous or hazardous. In fact, he described the autonomous driver as one who would drive “like his grandma.” Essentially, the cars were slow to accelerate, drove at or below the speed limit and did not take any chances (with lane changes).

Everyone likes a bargain; especially when it comes to buying a car. So when you see what appears to be a late model car with next to no miles on it for a great price, it certainly may be worth investigating. Not just because a great bargain is to be had, but because you may be unknowingly buying a flood damaged car.

Since the flooding in Texas and much of the southeastern United States has taken place earlier this year, flood damaged cars have made their way onto used car lots across the country; even showing up in New York. Some unscrupulous brokers have taken these cars and cleaned them so that any remnants of flood damage are hidden. While this may seem ingenious, it could be dangerous for the buyer. 

After all, there may be certain components of these vehicles that could be compromised, which would put the driver (and any passengers) at risk. For instance, if the braking components of a flood damaged car malfunction, because of rusted parts, a driver could find him or herself in an accident because of bad brakes. Because used car sales people are not generally obligated to report damage to cars that they know nothing about, an injured car owner may have a difficult time finding recourse.

In a prior post, we noted how comedian Tracy Morgan settled his lawsuit with Wal-Mart stemming from the horrific crash last summer that left him severely injured and killed his best friend. We reported that Morgan was pleased that Wal-Mart “stepped up” and compensated him for his injuries. However, he was still emotionally scarred from losing his friend and the slow recovery process he has endured, even a year after the accident.

Morgan reported having his “good days and bad days.” While he did not address it specifically, these up and down days could be indicative of post traumatic stress syndrome. PTSD can haunt a person long after an accident has occurred; especially if it was particularly traumatic (i.e. there was the possibility that the person would be killed, or if someone else died in the crash). 

Of the more than two million people who are injured in an accident, it is estimated that nearly 30 percent will develop long lasting symptoms of PTSD, including depression and anxiety attacks. Essentially, they could have constant flashbacks of the accident, have specific triggers that brink up anxiety or become hopelessly preoccupied with the preciousness of life.

Although we are weeks away from the big Fourth of July holiday weekend, the summer driving season has already begun in earnest. Between now and the next holiday weekend, tens of thousands of drivers will travel across the state to various vacation spots. One of the perks of getting away these days is knowing that you can still stay connected. This is why cell phone and tablet use has grown over the past few years. 

Nevertheless, there are a number of drivers who insist on staying connected even when they are behind the wheel. According to a State Farm Insurance study, less than 20 percent of drivers surveyed in 2009 indicated that they used the Internet functions on their phones while behind the wheel. Indeed, the technology was different then (no 4G network connections or portable hotspots back then), and phones may not have been so sophisticated.

However, that was then, and this is now. Yes, this is a cliché, but with faster download speeds and higher bandwith with phones, more people are apt to use their phones while driving. As we have noted in a number of our posts, distracted driving can not only be seen as a crime, it can form the basis of liability in the event of an accident.

With the summer driving season in full swing, one of the expectations that drivers must have is that gas prices will be going up. However, they are substantially lower than prices were last year around this time of year. Because of this, it is expected that more people will be on the road; especially when the next holiday weekend (the Fourth of July) comes around.

Indeed, dealing with heavy traffic can fray a person’s nerves. This frustration may lead to aggressive driving and even road rage. Yes, we all get frustrated with other drivers at times, but how do you know when you are the problem? More importantly, how do you know if you are more apt to road rage compared to other drivers?

This post will identify some common factors. 

In a prior post this year, we noted that some safety advocates predicted that there would be more recalls in 2015 than in 2014, despite last year having the most recalls on record. With the continuing expansion of airbag recalls involving those manufactured by Takata, it appears that the prediction may eventually come true.

Another issue helping in that prediction is an investigation launched by the National Highway Traffic Safety Administration in to Jeep, the Fiat-Chrysler automaker known for its off-road vehicles. 

Essentially, the NHTSA has received several complaints about the adaptive cruise control module in the Jeep Grand Cherokee. This module helps moderate cruise control and will slow the car down automatically if it discovers hazards on the road. This is done through tiny cameras that scan the area in front of the vehicle to discover any hazards (and other stopped or slowed vehicles) so that a driver can avoid a crash.