How to Prove a Distracted Driver Caused a Car Accident

Distracted driving is a growing problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), driver distraction took 3,142 lives in 2019 alone. If you have been involved in an accident you believe was caused by a distracted driver, there are steps you can take to protect your rights. Learning how a personal injury attorney will investigate these claims can help you understand the process and make informed decisions about the options that may be available for recovering compensation. 

Types of Distracted Driving

Although texting and talking on the phone are two of the most common types of driver distraction, eating, drinking, putting on makeup, talking with passengers, adjusting controls, and dealing with kids or pets in the backseat are also considered distractions that can cause an accident. There are many different types of evidence that can help prove distracted driving. Top accident attorneys know how to put them all together to create cohesive cases that prove a distracted driver was at fault. 

Analyzing the Scene of the Accident

Photographs, traffic and surveillance cameras, and other tools can help investigators piece together how an accident occurred. Skid marks and damage to vehicles, guardrails, and traffic signs can tell a story as well. Personal injury lawyers often employ car crash reconstructionists who examine evidence from the scene to determine whether a driver’s attention was diverted when an accident happened. These car accident experts provide critical testimony that can provide convincing evidence to support a claim. 

Cell Phone Data and Records

Cell phone records are one of the most valuable tools when it comes to proving distracted driving behaviors such as texting or talking on the phone. A lawyer can subpoena a driver’s cell phone data and records to determine whether they were texting, checking email, or using a device for GPS or other purposes while driving. 

Eyewitness Statements

If another driver, passenger, pedestrian, or bystander noticed that a driver was distracted at the time of a collision, their statements or testimony also can help prove your case. If you are involved in an accident, obtaining witness statements and contact information at the scene can add another layer of evidence that your car crash injury lawyer can use to help prove your case. 

Police Reports 

It is critical to call 911 or local law enforcement after a crash. Police scrutinize the scene and collect evidence to try and determine the circumstances of a crash and who may be at fault. They also collect the statements of the other driver, passengers, and witnesses to document what happened. Police reports and law enforcement testimony can provide important information that helps to confirm that a driver was distracted or exhibiting other dangerous behaviors when an accident occurred. 

How an Attorney Can Help

In addition to building a case that proves your distracted driving claim, your car accident attorney can aggressively negotiate on your behalf and help you recover maximum compensation for damages such as pain and suffering, medical expenses, wage loss, emotional distress, and other damages. 

Contact a personal injury attorney to learn more about distracted driving accident claims.

This blog was originally posted on https://www.pa4law.com/how-to-prove-a-distracted-driver-caused-a-car-accident/

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How Personal Injury Lawyers Determine Future Losses after Catastrophic Injury

Catastrophic injuries often cause permanent disability and leave victims unable to work and do things they used to love. Determining future losses after a catastrophic injury can be challenging. Knowing the factors your personal injury lawyer takes into account when calculating these losses can give you peace of mind and help you better understand the long-term impact an injury can have on your life. 

What Is A Catastrophic Injury?

A catastrophic injury is an injury so severe that it leaves a victim with permanent damage. Spinal cord injuries, traumatic brain injuries, and amputations are examples of catastrophic injuries, and can have significant long-term effects on a person’s ability to function. In fact, any debilitating injury that takes away someone’s mobility, cognitive function, or leads to disfigurement has a serious impact on the whole family’s quality of life. Although no amount of money can change what happened, victims of catastrophic injury caused by negligence need—and deserve—full and fair compensation to help them get the ongoing care they need and maintain financial security.  

How Are Future Losses Calculated?

Many catastrophic injuries require costly ongoing medical treatment and therapy. In addition to affecting an injured victim’s physical health, these types of injuries affect their relationships, social life, mental health, ability to make a living, and myriad aspects of daily life. A good accident injury lawyer will know what factors to consider and how to determine the long-term financial, physical, and emotional costs of your injury. 

Some factors that are usually considered when valuing a catastrophic injury claim include:

Tangible future costs. Personal injury lawyers consult with medical professionals, therapists, forensic accountants, and others who specialize in catastrophic injuries to estimate the total monetary costs of an injury. This may include future medical bills, nursing care, medications, therapy, additional necessary treatment, home modifications, and loss of future income and earning capacity. 

Non-economic damages. Putting a dollar amount on damages like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship is more challenging, as these are intangible losses. Depending on the severity of your injuries, how they have affected your life, and the circumstances surrounding your specific case, your lawyer may determine that these damages are worth from 2-to-5 times the amount of tangible future economic damages like medical bills and wage loss. This is a general rule of thumb that varies from claim to claim. 

Looking At The Big Picture

Some other factors that have an impact on future losses include your age, education, occupation, medical history, where your claim is litigated, and whether multiple parties are liable for damages. Of course, insurance policy limits also play a part when determining how much an injured victim may be entitled to recover for future losses. If the negligent party who is responsible for your injury acted in a particularly reckless or malicious manner, your lawyer may seek punitive damages as well. If you or a loved one has suffered a catastrophic injury, it is also a good idea to speak with an estate attorney who can help you draft vital documents such as powers of attorney, an advance directive, and a will.  

What Are Mitigated Damages?

One of the reasons it is so important to get proper medical care after an accident is that insurance companies will try to offer lower settlement amounts if they believe you failed to mitigate injury-related damages. Going to the emergency room and following-up with recommended treatment after a car accident, slip and fall, or any other type of accident can help protect your rights and give you a better chance of recovering maximum compensation to get the care you need and move on with your life.

If you need assistance with a claim involving catastrophic injury, contact a personal injury attorney today.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-lawyers-determine-future-losses-after-catastrophic-injury/

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Why Are Medical Malpractice Cases Challenging to Win?

 

Medical malpractice is one of the most complex areas of personal injury law. Although injured victims have a right to pursue compensation when they have been hurt due to negligence, it doesn’t mean that it is always easy to win. There are many challenges that personal injury lawyers face when litigating medical malpractice cases, including proving medical negligence, convincing a jury that a doctor or health system was wrong, and dealing with piles of complex evidence. If you are considering bringing a medical malpractice lawsuit, it is important to understand the elements involved in proving medical malpractice and why these cases can be so challenging.

Proving Medical Negligence

Proving that a doctor’s actions (or inaction) amounted to medical negligence can be difficult. Even though they may have substantial evidence in the form of medical records, medical malpractice lawyers rely heavily on qualified medical experts to evaluate treatment, determine what the doctor actually did, and show what the provider should have done that would have been in line with the medical standard of care. Although these experts can be convincing, depending on the circumstances of the case, the defense may poke holes in their arguments by bringing-up other factors, such as genetics and lifestyle choices, that could have had an impact on a plaintiff’s injuries or condition.

Complex Evidence

The complex nature of the evidence presented in medical malpractice cases also makes it difficult to prove negligence. Jurors without a medical background may find it difficult to understand and interpret the evidence. Even when expert witnesses explain the evidence in a simple way, some jurors may still misunderstand what is presented and rule in the defendant’s (doctor’s) favor.

Convincing a Jury of a Physician’s Negligence

Many people hold doctors in high esteem just because of the job they do. Connecting the dots between a victim’s injuries and a doctor’s negligence is challenging, and juries tend to give doctors the benefit of the doubt. They know that the practice of medicine is difficult, and that there are often different ways to go about treating certain conditions. However, good medical malpractice lawyers know how to use evidence and present a case in a way that makes the malpractice seem like an obvious mistake.

Finding a Qualified Lawyer Is a Key to Success

Finding an attorney who is experienced in negotiating medical malpractice settlements and litigating medical malpractice cases in court is critical to winning your case. The cost of medical experts and other expenses in medical malpractice cases is very high, so finding an established medical malpractice law firm can also be important to the success of a claim.

A good lawyer will know how to gather and analyze massive amounts of medical evidence, have qualified professional medical experts they trust, and understand how to aggressively negotiate on their client’s behalf during settlement talks with a healthcare provider’s insurance company. If a medical malpractice case goes in front of a jury, an attorney’s demeanor, knowledge, communication style, and personality can be significant factors in helping jurors understand the case.

If you believe you or a loved one sustained injuries due to a medical professional’s negligence, contact an experienced medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/why-are-medical-malpractice-cases-challenging-to-win/

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What to Do if You’re Involved in an Accident with an Uninsured or Underinsured Motorist

 

Being hurt in a car accident is traumatic and can be even more frustrating when an uninsured or underinsured driver is at fault for your injuries and property damage. There are several steps you can take to protect your rights and seek compensation to cover your medical bills and other damages. Having an experienced car accident attorney assess your case can help ease some of the stress you may be feeling and help you find options to protect your health and financial well-being.

Immediately Following an Accident

After any motor vehicle accident, your first priority should be your health and safety. Call 911 and wait for first responders to arrive. Take photos of the scene, your injuries, and anything else you think may be relevant. Gather contact and insurance information from any motorists who were involved. It is also a good idea to get contact information for any witnesses who may have seen what happened. If possible, obtain a copy of the police report at the scene. Make sure to seek medical attention to ensure you receive proper treatment for your injuries. Your medical records also provide valuable evidence that will back-up any insurance claims you file.

If a driver asks you not to call the police or offers you cash to avoid legal repercussions of not having insurance, do not accept it. There is no way to know what the total amount of your damages may be, and if you take what they offer, you may have no recourse for collecting compensation down the road.

Call Your Insurer

Report the accident to your insurance company. Before signing a statement or accepting a settlement, talk to an accident attorney. Most personal injury law firms offer free consultations, so speaking to an attorney will not cost you anything even if the attorney decides not to take your case.

Options for Recovering Compensation

Depending on the specifics of your auto insurance policy and the state in which you live, you may have several options. In “no-fault” states, your insurance company should pay for some or all of your medical expenses, lost time from work, car repairs, and other damages.

Uninsured/Underinsured Motorist Coverage

Although some states require motorists to carry UI/UIM insurance, it is very important to add it to your policy even it if is not mandated. Having adequate auto insurance coverage can help to ensure you get the medical care you need and protect your financial security in the event of an accident — especially one involving an underinsured or uninsured driver. This type of coverage can also help you get compensation for your injuries if you are hurt in a hit-and-run accident.

Personal Injury Protection

If you do not have uninsured motorist coverage, your Personal Injury Protection (PIP) insurance may pay for damages. For example, in Pennsylvania, drivers are required to have PIP insurance in the amounts of $5,000 in Medical Benefits coverage and Bodily Injury Liability coverage of $15,000 per person per crash (or $30,000 per collision), and $5000 in coverage for property damage.

Although you can bring a personal injury lawsuit against someone who does not carry liability auto insurance, it can be a losing battle out of the gate unless that person has significant assets. A good injury lawyer who is well-versed in handling uninsured and underinsured motorist cases can evaluate your case and help you determine which option may be appropriate for your specific circumstances.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-involved-in-an-accident-with-an-uninsured-or-underinsured-motorist/

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How Personal Injury Attorneys Prove Truck Driver Negligence

Accidents involving tractor-trailers and other commercial trucks can be life-altering. Even if you believe a truck driver was responsible for causing a crash, proving negligence in these types of cases can be challenging. Trucking companies and their insurers typically refuse to admit that their driver was at fault, so it is critical to hire a top car accident lawyer who understands how to prove negligence in these types of complex cases.

Causes of Truck Accidents Involving Truck Driver Negligence

Drowsy Driving – Even the most experienced truck driver can become impaired when driving while fatigued, Unfortunately, many trucking companies push drivers to make challenging deadlines and drive long hours without resting, leading to thousands of truck accidents each year.

Intoxication – Truck drivers who use drugs or drink pose a serious danger on the road. Impaired driving can lead to delayed reaction times, lack of coordination, reduced concentration, impaired vision, and poor judgment.  Many accidents are caused by drivers who are under the influence of drugs or alcohol. Truckers in this condition have delayed reaction times and often cannot avoid an accident.

Lack of experience or training – Truck drivers must be well-trained to properly maneuver large vehicles. Inexperienced, untrained drivers who do not have an understanding of how to handle hazards and potentially dangerous situations can cause significant injuries and fatalities.

Distracted driving – A truck driver can be distracted by their phone, equipment, work logs, or maps. Truck drivers who take their eyes off the road for just a few seconds can cause serious truck accidents including multi-car pileups, which can hurt or kill multiple parties.

Speeding and/or reckless driving – Reckless or aggressive driving and speeding cause thousands of needless accidents each year. When a trucker engages in these types of hazardous behaviors, the consequences can be deadly.

Truck Driver Negligence and Duty of Care

There are four elements to proving negligence in a truck accident case:

• The truck driver a duty of care
• The truck driver breached that duty
• An innocent victim sustained injuries
• The victim’s losses and injuries happened because of the breach of duty

Multiple parties may be liable in a truck driver negligence accident claim, including the truck driver and trucking company.

Investigating Truck Accident Claims

Truck accident claims are complex and require extensive investigation. Truck drivers, trucking companies, and other parties involved in the transportation of cargo must follow regulations set out by the Federal Motor Carrier Safety Administration (FMCSA).

Personal injury lawyers who have experience handling these types of cases understand that comprehensive evaluation of the truck driver’s and trucking company’s records is vital to establishing fault and determining whether FMCSA regulations have been violated. A truck accident attorney may use expert witnesses with a background in the trucking industry to identify inconsistencies, errors, and omissions that could indicate misconduct or negligence. Examples of evidence that can be used to prove truck driver negligence include:

• The driving and training records of the driver
• The truck driver’s medical records
• Logbooks, which include the number of hours driven, stops, breaks, and other information
• The truck’s black box recorder, which keeps track of travel and engine data
• Cell phone records
• Truck maintenance records
• Evidence of previous accidents or claims

Photos of the scene and vehicle damage, witness statements, police reports, and other valuable evidence can also help your lawyer prove negligence. An experienced accident lawyer will know how to determine which parties may be liable for damages, and to put all the evidence together to form a solid claim.

If you have been hurt or have lost a loved one in an accident with a commercial vehicle, contact an attorney.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-attorneys-prove-truck-driver-negligence/

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Common Types of Trucking Accidents

Large commercial trucks such as tractor-trailers, 18-wheelers, and construction vehicles help keep the country’s economy humming. This means that there are thousands of big rigs on roadways every day. Due to their large size and weight, tractor-trailers can pose a unique danger to others on the road. If you or a loved one is injured in a collision with a big truck, finding a car accident law firm with attorneys who know how to handle these types of cases is a must. Knowing more about common types of truck accidents can help you become more aware of potential dangers when you’re driving and may even help you avoid a crash.

Types of Truck Crashes

Jackknife – When a truck driver brakes suddenly,  a trailer may swing out to a ninety-degree angle, hitting other vehicles and blocking the roadway. Jackknifing trucks often roll over and cause catastrophic car pileups that result in multiple injuries, fatalities, and significant property damage.

Blind Spot – Big rigs have much larger blind spots than smaller vehicles and cannot see other motorists when they are in these spaces. Attempting to change lanes when someone is in a blind spot can lead to a sideswipe or turning accident that can cause serious damage to a smaller vehicle and its occupants.

Under-ride – This type of truck accident is often deadly. When a truck stops quickly, a vehicle behind them may slide underneath the tractor-trailer. Although there are guards in place on most large trucks, sometimes these types of crashes are fatal.

Rollover – Although rollover accidents happen for a variety of reasons, improperly loaded cargo is one of the main causes of rollover accidents involving tractor-trailers.

Rear-end – Large trucks need significantly more distance than other vehicles to come to a complete stop. When a commercial truck crashes into the back of another vehicle, it can lead to a chain reaction that causes multiple injuries and serious damage.

Head-on – Regardless of whether a big truck is involved, head-on accidents are some of the deadliest collisions that occur on roadways.

Causes of Truck Accidents

Crashes involving large trucks can occur for many different reasons, but some of the most common include:

• Driver fatigue
• Distracted driving
• Driving under the influence
• Speeding and reckless driving
• Poor driver training
• Inadequate maintenance and repair
• Improper cargo loading
• Inclement weather

Injuries sustained in truck accidents can be life-altering. If a collision is caused by truck driver or trucking company negligence, a accident injury lawyer may be able to help injured victims recover compensation from all responsible parties.

Keeping Yourself Safe on the Road

Paying attention to your surroundings when driving is vital. Approach and pass big rigs and other large vehicles with caution. Avoid traveling in blind spots or directly next to a semi-truck. It is a good idea to always assume that a truck driver can’t see you and to pass as quickly and safely as possible. Do not tailgate:  maintain a safe distance between your vehicle and any truck that is in front of you. If you notice a truck that is swerving or drifting, stay away from it. If you are in an accident with a commercial truck, take steps to protect your rights and interests.

Being injured in an accident involving a big truck can be traumatic, but you don’t have to go it alone. Contact a PI attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/common-types-of-trucking-accidents/

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Who is Liable in a Rideshare Accident?

 

Apps like Uber and Lyft provide a convenient way to get around town, but what happens if you are involved in an accident with a rideshare vehicle? Whether you are injured as a passenger, motorist, pedestrian, or bicyclist, it is important to know who may be liable for damages. You may be required to file claims with multiple insurance companies, so having a good car accident attorney in your corner is vital.

Determining Liability in Rideshare Accident Cases

Like any other motor vehicle accident, crashes involving rideshare drivers must be investigated to determine who was at fault. Although Uber and Lyft both carry $1 million liability insurance policies, you may have to file a claim with the rideshare driver’s personal auto insurance company, another motorist’s insurer, or even your own car insurance.  

An accident lawyer can conduct a thorough investigation, determine who may be at fault for your injuries, and help you recover compensation for damages such as medical expenses, lost wages, pain and suffering, and other damages. Filing multiple insurance claims can be a stressful, complicated  process. When more than one insurance company is involved, they may even join forces to minimize or deny your claim. Your lawyer can handle all negotiations with insurers and help to ensure all responsible parties are held accountable.

If You Are Injured in a Rideshare Accident

Although rideshare companies carry liability insurance, there are certain factors that can influence whether you can recover compensation from them after a crash. For example, the driver must be logged into the app and “on the clock” when the accident occurred. If they are not, you may have to seek recovery from the driver’s personal auto insurance.  

If another motorist is partially or solely at fault, their insurance should cover the cost of your damages. Depending on the circumstances, where you live, and the specifics of your policy, you may have to file a Medical Payments, Personal Injury Protection, and/or Uninsured/Underinsured Motorist claim with your own auto insurance company. Each case is unique. Finding a personal injury lawyer who has experience handling rideshare accident cases can help to ensure your rights and interests are fully protected.

Steps to Take If You are Involved in a Rideshare Accident

After any crash, taking certain steps can help preserve valuable evidence and ensure you receive the medical care you need. Regardless of how the crash occurred, taking the following steps can help protect your rights and your well-being.

•    Call 911 and wait for first responders to arrive
•    Seek medical attention
•    Get the name, contact information, and insurance information from the rideshare driver and any other motorists who were involved in the accident
•    Report the crash to the rideshare company as soon as possible. The most convenient way to do this is by using their app or website
•    Take pictures of the scene, damage to vehicles, and your injuries
•    If possible, obtain a police report at the scene
•    Keep all accident-related medical records, bills, and receipts in a safe place
•    Make sure to save any texts, emails, or other correspondence from the rideshare company, driver, and their insurers
•    Before speaking with insurance adjusters, signing anything, or accepting a settlement, contact a car accident attorney.

There is no need to rush to determine who is at fault or to accept the first settlement offer that comes along. Contact a rideshare accident attorney who can evaluate your case and advise you of your options.

This blog was originally posted on https://www.pa4law.com/who-is-liable-in-a-rideshare-accident/

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