My Civil Advocate

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

If you've been injured in an auto accident due to the negligence of another driver, and our injuries prevent you from working or reduce your ability to work, you have a right to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An injury must be the direct result of the accident, or a pre-existing injury was made worse by the accident. To prove lost wages, produce the pay stub from your most recent paycheck prior to your injury. Tips and non-salary benefits should be included as well. If you are self-employed, you will need to submit proof of what you would have earned. Keeping detailed, organized records pays off in these circumstances. If a motor vehicle accident results in a long-lasting or permanent injury-including chronic pain or fatigue - that will affect your ability to earn a paycheck, you may have grounds to recover for "lost earning capacity." In some situations, you can claim this even if you can work- for instance, if...

According to the National Transportation Safety Board (NTSB), over 350 highway deaths each year are the attributable to wrong-way incidents, with the vast majority of them due to head-on collisions at high speeds. One percent of conventional auto accidents involve fatalities; the figure skyrockets to 22 percent for wrong-way collisions. a 2012 report issued by the NTSB stated that over half of wrong-way incidents involved alcohol-impaired drivers, with over 60 percent of them ahving blood-alcohol readings of .15 or higher- nearly double the legal limit in most states. Fifteen percent of wrong-way collisions are initiated by drivers age 70 or above. Confusion and impaired vision are aggravating factors in these accidents. Many wrong-way accidents begin with a driver mistakenly entering a highway from an exit ramp; others originate with people who realize they have missed their exit, so they make a U-turn and head the wrong way back to the exit. Nearly 80 percent of wrong-way acciden...

Auto accident injuries are wide-ranging, but some are more common than others. They can be influenced by seatbelt usage (or lack thereof), airbags, the direction the impact came from, the speed of impact, or the position of the occupant's body when the impact occurred (facing straight ahead or turned). Soft tissue injuries - those involving ligaments, muscle, or tendons - are most common car accident injuries. Whiplash is a noticeable one. Muscles and ligaments of the neck and shoulders are unnaturally stretched to due to sudden, high-energy movements caused by impact. These forces are responsible for many back injuries as well, including serious ones involving the spine. Scrapes and laceration can result through contact with something solid inside the car; loose, flying objects, such as a cell phone, eyeglasses, or a bag of groceries; or getting smacked in the face by an airbag. A blow to the head can cause a concussion, as the brain is slammed against the interior of the skull...

Dangerous tractor-trailer rollover accidents -- which occur when a truck flips over while moving -- are frighteningly common on our nation's roadways. Because the wheels have left the ground, the vehicle is totally out of control. Other motorists on the roadway are in jeopardy, as objects that happen vehicles or posing obstacles on the road that may prompt evasive maneuvers... and more accidents. Not to mention, hazardous/toxic payloads can trigger widespread injury and property damage miles from the original accident site, and perhaps long after the incident has occurred. The most common causes of tractor-trailer rollover accidents include: Improperly loaded trailer. If a load's weight is not evenly distributed or properly secured, it may shift while traveling and result in a rollover. Speeding: The higher the speeding, the more potential for rollovers. Rounding a curve or turn too quickly, a shifting load, or hitting an object on the road is all it takes. Wind: Tract...

Rollover accidents are among the worst for occupants of a vehicle. Although rollovers account for only 3 percent of all serious crashes, they are responsible for roughly 30 percent of fatalities. Any vehicle can roll over, but taller, narrower vehicles (e.g., SUVs, pickups, and vans) are more susceptible since they have a higher center of gravity and tend to be more top heavy. In addition, rounding a curve or a sudden turn at the wrong speed- or overcorrecting for a sudden turn- renders these vehicles more vulnerable to weight shifts that, when combined with gravity, can lead to rollovers. Steering maneuvers aren't the primary cause of single-vehicle rollovers, however. Bumping into a curb at significant speed, striking a pothole, or two wheels countering a soft roadside shoulder can cause a vehicle to "trip." The government estimates that 95 percent of rollovers are due to "trips". Drivers have a say in minimizing rollover danger. Avoid placing heavy load...

Shoulder injuries often occur as a result of car accidents, partly due to the actual structure of the shoulder itself but also because of other important factors. Here's why: A shoulder is an extremely complex part of the body, with a lot of moving parts working in concert. One key component of the shoulder is a ball-and-socket joint (shoulder socket) in which the ball at the end of the arm's humerus bone (upper arm) rests within a small depression of the scapula (shoulder blade); however, the ball is larger than the socket. This allows the joint to swivel in many directions, providing great range of motion. But this benefits comes at a price. That price is instability of the shoulder joint. What stability the shoulder does have originates from the soft tissues-muscles, tendons, and ligaments- that wrap around it, not from bone, meaning the shoulder is more susceptible to injury. Soft-tissue damage, fractures (i.E., collarbone, shoulder blade, humerus), nerve impairment, ...

If you are arrested for DUI, you will likely want to see the police version of events. You may have to wait a bit, however, as the police report won't be available in most states until your arraignment. And upon review, you may not believe it's referring to you. The police report is a crucial document that possesses the crux of the case against you- namely the account of the incident and all the evidence piled high or low- and can determine if fighting the charge is worthwhile. It will typically contain a checklist for the field sobriety test which consists of three standard tests- a printout of the pas test (a handheld device used to measure blood-alcohol concentration), a print out of the breath machine result, a lab report showing the blood or urine test results- and a written version of events from the police officer(s) at the scene. This written narrative is sometimes a bone of contention. Some police officers fail to treat each DUI as a separate event. They may ...

If you have been involved in a car accident, your immediate focus should be on your physical health. Right away, you should begin the process of documenting your injury if you are considering filing a personal injury claim. Here are some tips: First, visit a doctor as soon as you can. Delaying a doctor's visit after you've been in an accident can give the insurance company all of the ammunition it needs to deny or minimize your claim (the assumption is that you must not be that hurt if you could put off seeing a doctor). You will want to communicate with your doctor openly and inform them of any pains, bruises, or bumps that have occurred as a result of your accident. Discuss your daily activities with your doctor. If you experience pain and discomfort while completing your normal daily activities, let your doctor know and get documentation. It is critically important to keep all follow up appointments after your initial visit. If your doctor recommends physical therap...

It's not just major, violent auto collisions that lead to injuries to drivers and passengers. Seemingly minor fender-benders can cause significant injury, too. Injuries sustained from an auto crash might not be noticed initially - sometimes for hours, days, even weeks - for a variety of reasons. A car crash induces a rush of adrenaline and endorphins, chemicals that raise a person's energy level and frequently block pain. Once the "high" dissipates, pain may kick in. Soft-tissue injuries cause harm to tendons, muscles, and ligaments and are precipitated by sudden, jarring stops, and when bodies get tossed around inside the car. Whiplash injuries are common. Soft-tissue injury symptoms- pain, swelling, and reduced mobility - might not present themselves immediately, and injuries are not visible on X-rays. Concussions occur when the brain strikes the inside of the skull with great force. Some concussion symptoms are obvious from the outset. Others may be subtle an...

According to the U.S. Department of Transportation, distracted driving can be broken down into three main types of distraction -- visual (in which you take your eyes off the road), manual (in which you take your hands off the wheel), and cognitive (in which you take your mind off what you are doing). While any type of distraction while you are driving can be dangerous, what makes driving while texting especially problematic is that it involves all three main types of distractions. Statistics show that around 20 percent of all crashes involve some type of distraction, and in 2008, nearly 6,000 people were killed in collisions involving a distracted driver. And even though many states have banner or are considering bans on texting while driving, it is up to drivers themselves to use common sense. When you're behind the wheel, put the phone down entirely, or if you absolutely have to send a text, pull over to a safe area on the side of the road, or in a parking lot. If you or a...

This is one of the questions we hear frequently in the law world, and with good reason: If you have a pre-existing injury and are considering filing a personal injury claim after an accident, there are some key factors that need to be considered. For instance, you'll need to be able to prove that the injuries you have suffered in the car accident were not related to your prior injury. This can be easier to do if your pre-existing injury occurred many years ago and has not required any treatment for some time. However, if it was a more recent injury, you and your attorney will need to develop a strategy to show that there was no connection between the injuries you suffered in the car accident and the pre-existing injury. No matter what, you need to be up-front and 100 percent honest with your attorney about any pre-existing injuries you may have. That way, they are prepared to deal with the issue head on, won't be caught off guard, and can build the strongest case possible. ...

If you have a misfortune of suffering injuries as a result of a motor vehicle accident, one of your first priorities is going to be recovering as quickly and fully as possible. The best way to accomplish that goal is to strive to be an ideal patient. Here's what we mean when we say that: Be sure to report all of your symptoms and be completely honsest with your doctor. The key is not to downplay any symptoms (that headache or nagging depression may not seem like a big deal to you, but it could be a sign of a more serious injury), but to also not exaggerate or inflate any symptoms or injuries when discussing them with your doctor. Just be accurate and candid.  When it comes to your appointments, medicines and any treatments, stay on top of things and be inquisitive. Don't be afraid to ask questions about why a particular medicine is being prescribed or why a certain treatment is recommended. Be fully engaged with your recovery.  Carefully follow and adhere to your doctors ...

Traumatic brain injuries (TBI) are responsible for the deaths of approximately 50,000 Americans each year and the hospitalizations of roughly 230,000 more. Many more victims go undiagnosed. Auto accidents are one of the leading causes of TBI. Most TBI's are closed head injuries, which means that trauma sets the brain in motion inside the skull. The brain gets slammed against the interior surface of the skull, resulting in contusions and swelling.  Trauma can also initiate rotational forces that twist and stretch the brain, which can damage axons. Brain neurons send messages via electrical impulses; axons are the carriers of these impulses. When axons are damaged, brain function is diminished.  A condition called diffuse axonal injury (DAI) occurs on a cellular level and leaves blood vessels and major brain structures intact. This type of damage cannot be detected by MRIs or CT scans, making DAI vastly under diagnosed and under treated.  Brain injuries are u...

Negligent Entrustment You were at a party when your best friend asked you if he could borrow your car to run a quick errand. The only problem was that he had been drinking (you knew that but figured he was okay to drive). He ended up having an accident where someone got hurt, and now you've learned that you are being sued by the injured victim. How can that happen?

Even if you only drive a little you have probably come across the remnants of a tire blowout from a tractor trailer or other large truck at some point. Unfortunately, a truck tire blowout can lead to a serious accident if the truck driver loses control when the blowout occurs or if another driver swerves to avoid the large strips of rubber and other debris scattered all over the road after the blowout.

Will I Get A Rental Car? In most cases, the insurance company for the at fault driver whom hit you will not provide you with a rental car while your vehicle is being repaired. However, if you have this benefit on your own policy, your insurance company will provide a rental car for a limited time while your car is being repaired. Will The Insurance Company For The Person Who Caused  My Accident Pay My Medical Bills Before I Settle The Case? The insurance company for the other person will almost never agree to pay any claims related to your personal injury claim “piecemeal.” Basically the insurance company looks at your medical bills as part of your total claim and they want to settle the claim all at once. Hopefully, you have medical insurance coverage or medical payments coverage on your own insurance policy to pay your medical bills. If not, you will need to make arrangements with the medical providers to halt collection efforts until you can get your claim settled....

The only thing worse than being involved in an automobile accident is being involved in an accident with some type of large commercial truck. Commercial trucks can often weigh up to 40 tons and can be 80 feet in length.  According to the  Institute for Highway Safety (IIHS), deaths in 2010 due to accidents involving large trucks topped 3,000. Of those 3,000+ accidents, approximately 72% of those, or around 2,450  of the deaths, were passenger vehicle occupants.

WHAT TO DO WHEN SOMEBODY HITS YOU 25 RULES TO LIVE BY Many clients have come into my office over the years when they were involved in an auto wreck because they simply had no idea how to handle their claim with the insurance company. Without question, dealing with Insurance companies can be tough for both the injured driver and attorneys. I developed this list as a way to help clients and non clients alike deal with their insurance company after being hit by a negligent driver.