Top 3 Negligent Driver Acts that Lead to Speeding

Did you know that in most major car crash accidents, speeding is almost always a factor?

As they say, the greater the speed, the greater the damage.

But most of the time, drivers do not speed intentionally; it is usually a result of other negligent driver acts that ultimately lead to speeding.

To give your more of an idea, here are some of the most common driver acts that lead to speeding:

Driving Under the Influence

DUI is the leading cause of fatal car accidents in the country and majority of the time, the drunken driver is always speeding.

In fact according to the National Highway Traffic and Safety Administration (NHTSA), of the 37,261 fatal car accidents in 2008, 11,773 were DUI cases.

Aside from reducing the driver’s reflexes and ability to make good road judgment, at 0.08 BAC, the alcohol also reduces many of the primary senses of the body.

The senses that are most affected are the sense of vision, which makes it difficult for the driver to see where he or she is going.

Another sense affected in the sense of touch; due to the reduction in this primary sense, the driver has difficulty gauging how hard they are stepping on the gas pedal.

The next thing you know, the driver is going above 70 mph without him or her realizing it.

Distracted Driving

According to the NHTSA, in 2008 alone, more than 6,000 people were killed due to distracted driving - and one of the major distractions to motorists is cell phone use.

In fact, most states, including California, have implemented various cell phone and texting laws that prohibit or at least limit the use of the devices while behind the wheel.

Driving needs your whole attention and cell phone use takes away your focus from the road and from your driving.

This results in motorists not noticing the rise in their speedometer.

Aggressive Driving

According to the American Automobile Association, aggressive driving may be a factor in about half of all car accidents in the country and road rage may be a growing problem in the country.

Road rage refers to the aggressive driving while in a state of anger.

This may result in some harsh actions by the motorists such as verbal insults and rude gestures but it can also lead to major altercations such as speeding to catch up with the motorist who offended him or her.

These three are just some of the negligent driver actions that results in speeding.

If you are injured in a car crash due to any of the above factors, you should consult with a Los Angeles car accident attorney for help in making an auto accident claim.

What to do for Defendants in Personal Injury Cases

In a personal injury case, it’s not only the plaintiff who has to prepare, but the defendant as well. After all, a suspect or defendant still has to be proven guilty before he can serve the consequences of his actions. Like the plaintiff, the alleged offender or defendant also has to follow procedures in order to effectively defend his side.

Personal injury cases arise in the event of accidents like automobile crashes, slip, trip and falls, animal attacks, etc. When the accident is caused by the negligence of another person, the injured or harmed party has the right to file a claim against that person to recover compensation.

After an accident, both parties have to seek medical attention if necessary. While getting themselves treated is important, acquiring evidence of the accident will also come in handy for their insurance claims or in any personal injury lawsuit. Like the injured, the alleged negligent party should also take photographs of the scene and record the names and contact details of any witnesses.

He should also exchange information with the other party, but not admit fault for what happened. Apologizing is also considered as admission of fault and can seriously hurt the defendant’s claim. After filing the claim with the insurance company, the insurer will provide an attorney for defense of the action or will reject coverage.

If the defendant does not have insurance coverage or if his coverage is rejected, he should hire an attorney from a recognized personal injury firm to defend the action. The attorney should also help the defendant once he’s been served the complaint from the plaintiff. He should serve the plaintiff’s attorney with interrogatories, requests for production, and requests for admissions. Such documents are forms of discovery which will allow the defense to “discover” what the plaintiff knows and the relevant documents he possesses.

In civil law cases, defendants are forced to either defend themselves or hire an attorney to do it for them, unlike in criminal cases wherein a person accused is provided a defense attorney if he cannot afford to get one. Before hiring a personal injury lawyer, the defendant should first clarify attorney costs and other fees with his chosen attorney.

An attorney can also help the defendant through the proper process of personal injury claims. A good lawyer will discuss the dangers and complications of the lawsuit. In the end, the case can still possibly be favorable to them.

Legal issues in medical malpractice resulting to wrongful death

When your loved one died because of the negligent act of his/her attending physician, you can file a wrongful death lawsuit.

When a doctor or nurse fails to exercise the level of skill in treating a patient that other medical practitioner would do, a liability can be established.

The surviving family members (distributees) can assert that such negligent act
or failure to act had caused fatal injuries to the decedent.

Some Medical malpractice cases are:

1. Failure to correctly diagnose an illness or medical condition
2. Failure to administer proper treatment for the disease
3. Unreasonable delay in providing medical treatment

The decedent's personal representative can file the medical malpractice lawsuit in court.

Damages for Medical malpractice lawsuit

The distributees can assert damages for the following losses:

a. medical and funeral expenses
b. loss of consortium
c. loss prospect of future inheritance
d. loss of comfort and companionship
e. pain and suffering

The distributees can also hire professionals to provide expert opinion on the cause of death.

When two or more medical practitioners are involved in the medical malpractice suit, each defendant will face corresponding charges and penalties under federal and state law. Defendants will have to pay economic and noneconomic damages depending on the level of fault of each.

Statute of Limitations

The distributees can pursue medical malpractice lawsuit within three years from the date of the person's death. The suit can also be filed within one year from the time of discovery. One example is the discovery of a surgical tool inside the person's body. The statute of limitation only starts upon the discovery of such foreign object.

Arbitration

Both parties may agree to negotiate a settlement of the matter. The plaintiff can set an amount as compensation for expenses and losses. The defendant can give such amount or come up with an amiable settlement. However, the court can review such payment.

Hiring a medical malpractice lawyer

If your family has decided to pursue the medical malpractice lawsuit, hire an experienced attorney in California to ensure a winning case. Such type of lawsuit usually has well-established defense law firms.

A professional attorney, specializing in medical malpractice cases can help you build a substantial case against the negligent medical practitioners. He/she must have technical expertise in litigating the specific medical condition of the decedent.
 
Consult with Wrongful death attorney in California to help you file the lawsuit today.

Frequently Asked Questions (FAQs) on Wrongful Death lawsuit

When your loved one is killed in a car accident caused by the negligent act of the driver; you may assert legal actions in court. A wrongful death lawsuit allows you to recover damages such as loss of consortium, pain and suffering, and loss of support.

If your loved one is the head of the family, the court will review the economic status of the dependents and order damages accordingly.

Here are some frequently asked questions on wrongful death lawsuit:

Q: Who can file a Wrongful death lawsuit?
A. The immediate family of the deceased person can initiate the wrongful death lawsuit. The decedent's personal representative can file the suit in court. Immediate family members include the spouse, children, or parents. Your family lawyer can help you go through the process of litigation.

Q: What may constitute a wrongful death lawsuit?
A: If your loved one is killed as a result of another person’s negligence or intentional misconduct, such case can constitute a wrongful death lawsuit. Some examples are: vehicular accidents, medical malpractice, criminal actions, dangerous workplace, or exposure to hazardous chemical or equipment.

Q: What are the elements in a wrongful death lawsuit?
A: The court will review the following elements in your wrongful death lawsuit:

1. The actual death of the person
2. The negligent act of the defendant who caused the accident or criminal act
3. The economic and social status of the dependents or surviving family members
4. The profile of the decedent's personal representative

Q: What is the type of damages in a wrongful death lawsuit?
A: The court refers to the damages in a wrongful death lawsuit as "pecuniary loss". It includes medical and funeral expenses, loss of consortium, pain and suffering, loss of support, and lost prospect of inheritance.

The court will have to review other factors such as:

1. The decedent's earning capacity, savings, and investments
2. The quality of marriage or family life
3. The age, economic and social status of the dependents, including spouse
4. How the decedent has valued his/her life based on insurance policy purchase, safety and welfare investments, and testimonies.

If you or your loved one had suffered fatal injuries in a car accident, you can file a Wrongful death lawsuit. It will help you assert compensation for the loss of companionship, love, and care from your deceased family member.

Consult with a Wrongful death lawyer in Los Angeles to help you file the lawsuit.

How to Lower Teen Driver’s Insurance Premiums

Teenage drivers have the highest insurance premiums of all the types of drivers.

That’s just the way it is, because traffic accident statistics show that teenage drivers have a high risk of being involved in a car crash compared to other motorists.

According to safety experts, there are a lot of factors that make teenage drivers more dangerous than the others which include the following:

•    Inexperience or novice set of driving skills
•    High risk of drinking and driving
•    High risk of speeding and reckless driving

That is why it is understandable that insurance companies charge a high premium on teenage drivers.

However, there are some measures you can take to lower those premiums.

Here are some tips:

Good Grades

Some insurance companies offer discounts for teen drivers who has a high GPA.

Not only is this a marketing scheme to attract more customers but high grades are also a good indicator that the teen will be responsible behind the wheel.

Teen Driver’s Education Class

Another way to show that your teen driver will be responsible once they are behind the wheel is to have them enroll in a defensive driving class.

This will also correct your teen’s dangerous driving habits and veer him away from aggressive driving.

Choose a safe car

The insurance company will charge you a higher premium if your buy your teen a sports car with more horsepower.

More horsepower means more propensities for speeding and higher probability of car accident.

Buy your teen a simple sedan so that not only are you saving on insurance premiums, you are also keeping your teen safe.

Check theft rate of car

The National Insurance Crime Bureau has a list of the most stolen cars in the country in their website.

Usually, sports and luxury cars are the ones that are included in the list.

You should avoid these vehicles as they have high insurance premiums.

Cover teen under your car accident insurance policy

Insure your teen under your existing car accident insurance policy to save on premium costs.

In fact, some car accident insurance providers even provide discounts for parents who enroll multiple cars in their company.

Remove collision coverage

This only applies for teens who own an old car or those that are considered clunker cars.

The cost of buying a new car and paying for monthly insurance premiums for collision coverage may not be that far off.

Top 5 Benefits of Hiring an Auto Accident Law Firm

According to automobile accident statistics, California has one of the highest rates of car accidents in the United States mainly due to its high population and being highly urbanized.

In fact, the state averages about 4,000 deaths related to auto accidents every year.

It is considered as the leading cause of injuries and death in the country.

That is why auto accidents are also the leading cause of personal injury insurance claims in the state.

To make the most out of a personal injury claim, claimants are advised to hire the services of an auto accident law firm.

It is understandable that you would be skeptical about hiring a law firm due to the cutthroat image given by the media, but the truth is that there are more advantages in getting a lawyer than trying to make a claim alone.

To give you more of an idea, here are some of the benefits you can get from hiring an auto accident law firm:

Knowledge of the law

Auto Accident law firms consist of lawyers who specialize in vehicle accidents and are knowledgeable on the different traffic laws that apply to the case such as:

•    Reckless and aggressive driving laws
•    DUI laws
•    Right of way  in pedestrian and bicycle accidents

Vast Resources

Auto accident law firms can also offer their vast resources that would be a big advantage in gathering evidence for your claim.

They also have contacts that can serve as expert witnesses who can give expert opinions to support your claim.

Familiarity with insurance companies

Established law firms have gone against some of the biggest car accident insurance providers so they are already familiar with the strategies used by insurance companies to reduce the amount of their clients’ claims.

Gives the impression that you mean business

Just by hiring an auto accident law firm, you are already sending a message that you are not to be trifled with and that they should not even try to take advantage of your lack of knowledge about the law.

Savings

Contrary to the notion that auto accident law firms are just out to bleed money out of you, the truth is that you can save more by getting a lawyer.

In fact, most auto accident law firms offer free consultations and takes car accident cases on a contingency basis or in a “No Win, No Fee” basis.

So you do not even have to spend on attorney fees because it will be subtracted from the compensation that you will receive from the insurance company.

This means that not only did you get the most out of your auto accident personal injury claim; you did not even have to risk your own money in the whole process.

3 Types of Tort in Personal Injury Cases

The California Civil Law allows victims who sustained injuries from an accident to file an accident injury claim or lawsuit against the liable party to recover what they lost.

The liabilities of the defendant in personal injury cases are determined through tort law.

Tort refers to the civil actions of a person that can be considered unsafe or harmful; it can also refer to a person’s failure to act in certain situation that could also lead to harm to other people.

Unlike criminal cases, though, the punishment for violations of tort laws are usually monetary and not imprisonment.

There are three general types of tort, those are:

Intentional Tort
These refer to wrongful conduct that are performed intentionally and with the knowledge of the consequences of the action.

Some examples of intentional tort are assault and battery.

To prove intentional tort, you have to prove the following elements:

• The accused willfully performed wrongful acts with knowledge of its consequences.

• The intentional wrongful act is the cause of the victim’s injuries.

• The injuries resulted in damages to the victim.

Negligence Tort
These refer to wrongful acts that are a result of carelessness or simply defined as the failure to act in a way that a reasonable person should have acted in a similar situation.

This tort is the basis of most personal injury claims filed in the state.
To prove negligence, you have to prove the following elements:

• The accused owes a duty of care to the victim.
• The accused broke that duty.
• The victim was injured due to the breach of owed duty of care.
• The victim sustained damages.

Strict Liability
This is mostly used in product liability and premises liability cases where negligence can be difficult to prove.

It also recognizes that the accused in these cases owe a higher level of care to the victims of these accidents as they provide benefit to the accused.

To prove strict liability, you have to prove the following elements:
• The existence of the safety defect (for product liability) or the dangerous condition (for product liability).

• The safety defect or dangerous condition is the cause of the victim’s injuries.

• The victim sustained damages.
In all three cases, the aim of personal injury law is to give you back what you lost due to the accident.

This includes both monetary and non-monetary losses.
Additional compensation also can be given in intentional tort cases to penalize the accused and to discourage similar actions in the future.

To know more about personal injury and tort law, consult with a Los Angeles Accident Injury Attorney for more information.

Asserting an insurance claim for your car accident

The consequences of updating your Facebook status on your cellphone while driving can be a cut on your cheek or an amputated arm. Using the cellphone while driving has resulted in an ever increasing rate of road accidents, especially in California.

California law bans cellphone use while driving to lessen and prevent further catastrophic and fatal injuries. In fact, a number of celebrities have been injured in road accidents caused by sending twitter message or answering phone calls while driving.

Under the law, using a cellphone while driving is a traffic law violation which has its legal consequences. It is considered as a negligent act and can cause a driver to face:

1. Court penalties
2. Suspension of license
3. Lawsuit from the injured party
4. Hours of community service and other disciplinary measures

If you are injured in a motor vehicle accident, caused by an impaired driver; you may pursue claims or recovery to compensate for your injuries and losses. One way is to file an insurance claim. Here is a step by step guide in filing one:

1. If you are able, obtain information on the details on the accident. You may request a copy of police report. It contains the location, time, type of injuries, involved parties, and possible causes of accident.

2. Write a demand letter for the insurance company of the vehicle that has hit you. You can hire a Personal Injury lawyer (can be on a contingency basis) to help you write one. State the facts of the accident, the name of driver and owner, causation of events, type of your injuries sustained, the amount you need, and the deadline for them to answer the letter.

You may reiterate that their failure to respond and address your claim can compel you to file a formal lawsuit.

Before stating the damages that you want for your claim, cooperate with your lawyer in computing the medical expenses, loss income, and emotional loss as factors in getting the accurate settlement amount for your claim.

3. Set a meeting with the insurance representative of the defendant. If the insurance representative negotiates for a lower amount, assert the reasons why your computation is the reasonable amount for the claim. Be calm, strive to remain objective, and be firm when asserting the correct settlement amount.

4. If the insurance company, refuses to cooperate or give a fair settlement amount; you may file a Personal Injury lawsuit. It will allow you to bring the matter in court and prove the negligent act of the defendant, causing the accident; resulting to your injuries.

Consult with a Personal Injury lawyer in Los Angeles to help you go through the process of litigation.