Who Is Liable for a Self-Driving Vehicle Accident?

 

Also known as autonomous vehicles, self-driving cars continue to be developed by companies such as Uber, Tesla, Waymo and others. Although they are designed to eliminate driver error and reduce the incidence of accidents, some self-driving vehicles have been involved in serious, fatal crashes. If you have been hurt in a self-driving car accident, it can be tough to figure out who may be liable for your injuries and damages. A good car crash injury lawyer can determine which parties may be responsible and help you recover compensation for your medical bills, wage loss, pain and suffering, and other damages.

Automation is Intended to Reduce Driver Error

According to the National Highway Traffic Safety Administration (NHTSA), some type of human error is responsible for approximately 94 percent of all motor vehicle crashes in the United States. The economic and human costs of these crashes are innumerable. While the creation of self-driving cars seeks to significantly reduce these costs, crashes involving self-driving vehicles have led to significant questions about liability.

Who is Responsible When an Autonomous Vehicle Causes Injury or Death?

There are several elements that may be involved in any type of accident, but when an autonomous vehicle is involved, liability issues can get murky. The most common causes of car accidents include:

Human Error

Most self-driving cars still have human operators who remotely monitor the vehicle while it is on the road. If an operator is ultimately responsible for controlling a self-driving vehicle, they may be personally liable if their negligence causes a crash. For example, if a remote operator of an autonomous vehicle falls asleep and is involved in an accident, they may be responsible for any damages resulting from the collision.

Defective Design or Manufacturing

Technology fails for many different reasons, including improper design, defective parts, and vehicle malfunction. In these types of cases, the designer, parts manufacturer, auto manufacturer, and other parties may be liable if a self-driving car is involved in a crash.

Poor Regulation

Regulatory agencies are also responsible for keeping everyone safe on the road. If a government entity permits unsafe self-driving vehicles to operate, they may be responsible if testing on roadways results in harm to the public. When bringing a claim against a municipality or other government agency, there are strict procedures and deadlines that must be followed. These entities also enjoy certain liability protections that individuals and businesses do not. If you believe poor regulation of a self-driving vehicle led to an accident, it is vital to hire a personal injury lawyer who has experience handling these types of cases.

Dealing with Insurance Companies after a Self-Driving Vehicle Accident

Because several parties may be responsible for damages in a self-driving car accident, negotiating with multiple insurance adjusters can be a nightmare. In cases involving autonomous vehicles, you may have to file a claim with the insurers of:

- The company that owns the vehicle

- The vehicle operator

- Technology and parts designers and manufacturers

- Other motorists involved in the accident

- A regulatory agency

Determining exactly who is at fault in these crashes is overwhelming and confusing. Although many of these companies have high limits on their liability policies, it doesn’t mean they will offer a fair personal injury settlement from the get-go. An experienced auto accident attorney can help you sort it all out and assist you with pursuing compensation from the appropriate parties.

If you or a loved one has been injured in a self-driving vehicle accident, contact an attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/who-is-liable-for-a-self-driving-vehicle-accident/

Read More

What Should I Do If I Am Injured In A Drunk Driving Accident?

 

Although the penalties for drunk driving are stiff, motorists still get behind the wheel while impaired. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 28 people in the United States die in drunk-driving crashes every day. Being injured in an accident caused by a drunk driver can have devastating consequences as well. Top car accident lawyers share some tips that can help protect your rights and hold responsible parties accountable.

Stay Calm and Call 911

After a crash, it is normal to feel shaken, overwhelmed, and even angry. Keeping a cool head and noticing what’s happening around you can help you remember important details that may be relevant to a car accident claim. Call 911 or local law enforcement. If you suspect that the other driver is impaired, make sure to tell officers when they arrive on the scene. If possible, get a copy of the police report at the scene – it provides vital documentation of the accident and what officers may have observed.

Seek Medical Attention

Calling 911 can also help to ensure you get the medical attention you need if you have been injured. Going to the emergency room or seeing your doctor as soon as you can is crucial not only to protect your health and well-being, but also to provide valuable evidence of your injuries. Make sure to save all medical bills and receipts for any accident-related expenses.

Gather Contact Information

Obtain insurance and contact information from any motorists involved in the crash, including their full name, phone number, email, license plate, and driver’s license info. If there are any witnesses, write down their contact information and statements as well.

Take Photos and Video

If you are able, take photos of the scene, damage to vehicles your injuries, and anything else you think may be important. A video can also provide useful visual documentation of the scene. If you are seriously injured or unable to take photos, ask a passenger or bystander to take some pictures.

Document Everything You Remember

Documenting what happened while it is fresh in your mind can help back-up the facts of your claim later. Whether you write it on a piece of paper or use the voice recorder on your smartphone, try to get the details down as soon as possible.

Contact a Car Accident Attorney

Even if you believe your injuries are not that serious, speak with a personal injury attorney after a drunk driving accident. Symptoms of some injuries may not appear right away, and the last thing you want is to be stuck with piles of medical bills down the road. If you have sustained a serious injury that keeps you from working and requires extensive medical treatment, a lawyer can evaluate your case and help you pursue the maximum compensation you need to protect your health and finances. An attorney will know how to gather the right evidence and put it all together to build a solid case. If a restaurant, bar, or individual served alcohol to a visibly-intoxicated person, they may be liable for damages as well.

Do you need assistance with a car accident claim involving a drunk driver? Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/what-should-i-do-if-i-am-injured-in-a-drunk-driving-accident/

Read More

How Are Medical Malpractice Settlements Negotiated?

 

Many medical providers are conscientious professionals who provide quality care to their patients. Unfortunately, when they fail to meet proper standards of care, patients can suffer serious injury or death. If you have been hurt or have lost a loved one and you are considering filing a medical malpractice claim, it is important to understand that these types of cases are extremely complex. Even the best malpractice attorneys sometimes find it challenging to reach a fair settlement without taking a case to court.

Determining Liability

In any personal injury claim, a plaintiff must prove that another person’s or entity’s negligence or willful misconduct caused harm. Accomplishing this on your own is difficult, especially in medical malpractice cases. Finding a good injury lawyer who has a record of success winning malpractice cases is critical to helping you recover the maximum amount of compensation to which you may be entitled.

Types of Damages

Once liability has been determined, your lawyer will place a value your claim. There are two main types of damages that can be recovered in a medical malpractice settlement. Economic damages are quantifiable losses and expenses, such as the cost of additional necessary medical treatment received due to a medical professional’s negligence. It is much more challenging to put a dollar amount on non-economic damages like pain and suffering.

In some states, there are limits on medical malpractice settlement amounts. Insurance companies definitely keep this in mind when negotiating with injured patients, so it is essential to hire an experienced accident injury lawyer who is familiar with the laws of your state.

Medical Malpractice Settlement Negotiations

To begin negotiations with a health care provider or his/her insurance company, your attorney may send a demand letter informing him/her that you intend to file a claim against him/her. Although your attorney will most likely negotiate with the medical provider’s insurance company, the provider may have to approve the settlement before it can be finalized. This can drag-out negotiations and lead to costly court litigation.

Insurance companies also tend to be less willing to acquiesce to an injured patient’s demands in medical malpractice cases. If a medical provider is convinced that he/she did not commit any wrongdoing or wishes to avoid skyrocketing insurance premiums, he/she may stick it out and advise the insurer to take your claim to court. If your attorney reaches a settlement with all involved parties, it may also have to be approved by the court, especially in cases involving minors.

Medical Malpractice Settlement Payments

There are several factors that are taken into account when determining how a settlement will be paid, including the injured person’s age, the nature of their injuries, and the laws of the jurisdiction where the case is negotiated. A medical malpractice settlement may be paid through a structured settlement, a lump sum, or a combination of both. Typically, the settlement check will be sent to your attorney who deposits it into an escrow account. After deducting attorney fees and other expenses associated with your case, you will receive the remainder of the settlement.

To learn more about medical malpractice settlements, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-are-medical-malpractice-settlements-negotiated/

Read More

Difference Between Medical Malpractice and Wrongful Death Claim

 

Understanding important distinctions between different types of personal injury claims can give you vital insight into how specific legal concepts may apply in your case. If you’ve lost a loved one and believe it was due to medical malpractice, there may be several avenues you can pursue to recover compensation. Typically, attorneys at medical malpractice law firms are also experienced in handling wrongful death claims. They can help you understand the differences and advise you of your options.

Medical Malpractice vs. Wrongful Death

Just because someone passed-away while under the care of a medical professional does not mean that their death warrants a wrongful death action. Knowing the definitions of medical malpractice and wrongful death can help you recognize whether you may have a cause of action after the death of a loved one.

Medical malpractice happens when a health care professional fails to provide a reasonable standard of care, and a patient is injured or killed as a direct result. Medical providers may include physicians, nurses, pharmacists, hospitals and health systems.

Some examples of medical malpractice include:

- Misdiagnosis or failure to diagnose

- Surgical or anesthesia errors

- Medication errors

- Birth injuries

Wrongful death occurs when a person dies as the result of an individual’s or entity’s negligence or misconduct. A wrongful death claim can arise from a variety of circumstances, including medical malpractice, car accidents, slip and fall incidents, and other situations.

Damages Available in Each Type of Claim

A significant difference between medical malpractice and wrongful death claims is the type of damages you may recover. Many states also put limits on the dollar amount of damages that may be recovered in a medical malpractice claim. If you want to be compensated for funeral and burial expenses and loss of future income, inheritance, companionship, guidance, care, and mental anguish due to your loved one’s death, you must file a wrongful death claim. Before filing any kind of claim, it is always a good idea to speak with an experienced PI attorney.

What is a Survival Action?

When someone dies as the result of medical malpractice, their loved ones or estate may be able to bring a survival action against a negligent medical provider. A survival claim is for the damages your deceased loved one suffered. This may include medical bills and any pain and suffering they experienced from the time the negligent act occurred until the time of their death. In essence, pursuing a survival action is like bringing a medical malpractice claim on behalf of your loved one.

Which Type of Claim Should You File?

It can be confusing to determine which type of claim is appropriate in your case. In some states, only the personal representative of a person’s estate can bring medical malpractice or wrongful death claims on the family’s behalf. Settlement caps and statutes of limitations for medical malpractice claims and wrongful death actions may be different as well, so it is important to act fast if you believe your loved one’s death was caused by medical negligence. An accident injury lawyer can determine whether you have a viable claim and advise you of possible options for recovering compensation.

If you have questions about medical malpractice or wrongful death, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/difference-between-medical-malpractice-and-wrongful-death-claim/

Read More