Injuryboard Commentary - Automobile Accidents - Most Commented

Oklahoma Commercial Trucking Accident Kills

Christy Thompson — Fri, 27 Nov 2009 17:42:39 GMT

A collision in Lincoln County, Oklahoma was the cause of Johnny Leemaster's death. It happens far too frequently and more so now than just about ever in US roadway history. Leemaster was operating a vehicle headed north down U.S. 177 while Justin Colley headed south down 177.

The fatal accident occurred when Colley attempted to pass a slow-moving commercial trucker ahead of him. In so doing, he collided with Leemaster. Both driver's attempted to swerve out of the other's way, but in the end, Leemaster ended paying with his life because a commercial trucker was unwilling to pull over to let faster moving vehicles pass.

An important detail of this story that should be strongly considered: state troopers noted there was a rolling fog during the time of the collision. As a commercial trucker with a specialized license, the operator of the rig assuredly knew better -- anyone who operates with a Class C license or higher is educated well enough about fog to know that even the most well lit vehicles are scarcely visible in a rolling fog.

Colley, who collided with Leemaster but lived, was every bit within his rights as a motorist to pass the commercial trucker. As motorists, we all have the legal right to pass a vehicle moving at a speed below the speed limit or far slower than the flow of traffic on an interstate roadway.

As a complete aside, whether Colley and other drivers had been behind the trucker or not, given the size of his load and rig, and the abhorrent weather conditions, this trucker was grossly irresponsible not to have pulled aside and to have waited for conditions to improve.

So the question is, why are there not more and better regulations in the commercial trucking industry? Because the road is a trucker's office; when he isn't moving, he isn't getting paid. Fatalities such as that of Leemaster, who probably just wanted to get home, and victims like Colley, the motorist who killed Leemaster because of the negligence of the trucker, should be taken so much more seriously than they are. Regulations that place a higher value on human life than monetary profit are way past due in the trucking business.

Accidents involving commercial vehicles grow in numbers every year. It's high time for some preventative measures and new, stricter regulation from within the trucking industry. A severe penalty for truckers driving in bad weather or not pulling over when unable to keep up with the flow of traffic may have saved Leemaster's life.

Originally posted at InjuryBoard by Christy Thompson

Air Force senior airman, Danielle N. Brinser from Ottumwa, Iowa killed in Ohio mva crash

Steve Lombardi — Mon, 23 Mar 2009 23:39:24 GMT

Ottumwa, Iowa native Danielle N. Brinser, 20, a senior airman at Wright-Patterson Air Force Base was killed when trying to cross Ohio 444 on a green light. The other vehicle failed to stop and yield at the intersection light. The other car was driven by Nicholas C. Hart, 23 who failed to stop for the red light and struck Brinser’s Toyota.

Originally posted at InjuryBoard by Steve Lombardi

O'Connell, an Irish family, is devasted after van crash in Iowa. (Updated 06/21/2009)

Steve Lombardi — Wed, 17 Jun 2009 15:48:17 GMT

This is one of those accidents I hate writing about but without this posting the relatives and friends back in Ireland may wonder about how to obtain information concerning the O'Connell family. I reviewed the Iowa State Patrol report of this family's June 14, 2009 accident. I’m going to report details so the extended family and friends in County Clare, Ireland know what is being reported in Iowa. The Clare Herald is reporting the story based on news reports from several sources quoting the I.S.P. report. This information comes from the I.S.P. crash report. For those interested in the Clare Republic article here is the link.

Former Gort camogie star killed in US road crash, June 16, 2009, The Clare Herald

Here is what is in the Iowa State Patrol report. Young Sarah B. O’Connell, age 15, was driving and was the only van occupant wearing her seat belt. The other passengers were the father, Henry J. O’Connell (age 50), his wife, Sarah A. (age 44) and two other small children, Colman (age 13) and Maeve (age 10). Only young Sarah who was wearing her seat belt was not ejected from the interior of the van. The van was a 2003 Honda Oddessy.

The accident occurred on June 14, 2009 at 6:36 P.M. as they were traveling southbound on Highway 61 at milepost 170 in Jackson County, Iowa. Jackson County is in eastern Iowa, just south of Dubuque and northwest of Clinton. The speed limit was 65 miles per hour (104.61 Km/hr). The airbags did deploy.

Here is the trooper’s narrative of how the accident occurred.

VEHICLE WAS TRAVELING SOUTHBOUND ON HIGHWAY 61 AT MILE MARKER 170. VEHICLE WENT OFF ONTO RIGHT SHOULDER, DRIVER STEERED LEFT OVERCORRECTING LOOSING CONTROL IN ROADWAY. VEHICLE LEFT ROADWAY ON LEFT SIDE AND TRAVELED INTO MEDIAN AND BEGAN TO ROLLOVER. VEHICLE ROLLED SEVERAL TIMES EJECTING ALL PASSENGERS. VEHICLE CAME TO REST ON IT'S WHEELS IN THE NORTHBOUND LEFT LANE AND SHOULDER FACING EAST.

There don’t appear to be any contributing factors noted by the Iowa State Trooper who investigated the accident. The first event noted was “ran off road, right” followed by “evasive action (swerve, panic braking, etc.)” followed by “overturn/rollover”.

Both Sarah, the mother along with Maeve were flown by helicopter ambulance to the University of Iowa Hospitals and Clinics in Iowa City, Iowa. The University Hospitals mailing directory is listed by department and the general address is University of Iowa Hospitals and Clinics, 200 Hawkins Drive, Room (tell them Maeve is in the pediatric ICU, Iowa City, Iowa 52242-1009.

Sarah, the daughter and her brother Colman were taken by the Maquoketa Ambulance to Mercy Hospital in Dubuque, Iowa.

Henry J. O’Connor appears to have been pronounced dead at the accident scene as he was taken to the Jackson Regional Hospital by the Medical Examiner. The Jackson County Regional Hospital can be contacted as follows: 700 W. Grove Street, Maquoketa, Iowa 52060 and telephone is 319-652-2474 and fax 319-652-4076. The website is http://www.healthenterprises.org.

The Iowa State Patrol can be contacted through the District 12 Office, 22365 20th Avenue, Stockton, Iowa 52769-9612. The Trooper in charge of the accident investigation appears to be ISP3633, C. Nelson from Post 12. Anyone can contact the I.S.P. at the Headquarters located at 215 East 7th Street, Des Moines, Iowa 50319. Phone: 515-725-6090. Email: ispinfo@dps.state.ia.us.

District 12 contact information is different: Iowa State Patrol, District #12, 22365 20th Avenue, Stockton, IA 52769 and telephone 563-284-9501

A telephone call to the University of Iowa Patient Admissions desk (319-356-2456) has Maeve in the Pediatric Intensive Care Unit (I.C.U.). A call to this number will allow you to be connected to the room.

General/Patient, Information 319-356-1616

Patient Room Information 319-356-2456

Special Communication Needs

UI Hospitals and Clinics, 200 Hawkins Drive, Iowa City, Iowa 52242

The reports don’t indicate if there is other family in the United States and the Midwest where Wisconsin is located. My wife’s relatives (Tubridy) are all Irish and her family hails from County Clare in Ireland. There is a still a local restaurant there named Tubridy’s. Last year in October we visited Ireland and drove around for two-weeks exploring Dublin and the southern part of Ireland from west to east. So I have some familiarity with the area. If anyone wishes more information feel free to contact us here in West Des Moines, Iowa and Barbara or I will be happy to accommodate however we can.

The posting of this information will be on the law firm’s website. This is not a solicitation for business; it is to assist the family and friends. We are sorry to read of this loss.

See The O’Connell’s from Ireland killed in U.S. road crash, June 17, 2009. The Lombardi Law Firm.

Stories on the Web with relevant information.

Family fly to comfort children orphaned in tragic car crash

By Louise Hogan, Wednesday June 17 2009

All of the children went to school in the Wisconsin city of Madison where the family had set up home.

The crash happened shortly after the school term had finished, and just two days earlier Sarah's Madison Memorial High School soccer team had played in the state tournament.

Family friend Kelly Meuer said he had known the family for almost a decade through the soccer team.

He said the family had moved between the US and Ireland on a couple of occasions, but mainly Mrs O'Connell had lived in Wisconsin with the children while Mr O'Connell was away on business. She had worked as a teacher's aide in the Madison School District. Mr O'Connell, who had a background in engineering, worked as a business consultant.

"Joe hadn't seen the kids, because he had been across the sea," Mr Meuer told a US newspaper. "They were going to take two weeks and, honestly, they didn't have an itinerary."

Funeral arrangements have not yet been made.

Relatives of US crash family say thank you for support

By Louise Hogan, Thursday June 18 2009

Both parents died following the crash, while Sarah and Colman (13) were hospitalised, but have since been released. Their youngest daughter, Maeve (10), was last night described as being in a "fair condition" at the University of Iowa Children's Hospital.

Their family thanked everyone for their kind efforts through a website dedicated to the O'Connell family, who had set up home in the city of Madison, Wisconsin, after leaving Ireland around eight years ago.

The family said Sarah and Colman would be "reunited" with Maeve at the Iowa hospital.

"Maeve, who suffered more serious injuries, is progressing," they added.

Fr Brendan Walsh, the parish priest for Causeway, said the families planned to bring the bodies home, with the burial expected to take place in the Kerry village. However, a date has not yet been confirmed.

Originally posted at InjuryBoard by Steve Lombardi

Texting While Driving - A National Pandemic

Jeremy Thurman — Wed, 08 Jul 2009 12:56:02 GMT

Do you text? Do you have a Smartphone where you are constantly checking emails? I friend of mine conveniently refers to a Blackberry as a Crackberry. Even my five-year old knows that when daddy’s little red light is blinking on his Blackberry, that means he has an email. Truth is, texting and emailing are becoming a catastrophic problem on our roads.

According to a CNN article written by “AOL Autos” if avoid text messaging in your car, you stand a substantially reduced chance of a loss of a claim or, indeed, a loss of life, recent studies suggest. Texting while driving, or fiddling with myriad devices including your cell phone, BlackBerry or GPS system, is a leading factor in accidents across the nation. The article states that:

One study by Nationwide Insurance suggests DWT is generational, with 37 percent of people age 18 to 27 saying they text message while driving, while just 14 percent of those ages 28 to 44 and two percent of drivers ages 45 to 60 admitted to it.

Originally posted at InjuryBoard by Jeremy Thurman

Are You Really in Good Hands with Allstate?

David Rosenthal — Tue, 30 Sep 2008 15:35:33 GMT

Allstate Insurance is easily the most prolific advertiser of auto and casualty insurance lines. It runs a series of television commercials starring Dennis Haysbert (of Major League fame) that cleverly portray real life situations, such as rear end auto collisions, and some not so real life situations, like wayward college football fans running their car into a statue of renowned coach Bobby Bowden, to illustrate the need for insurance. The pithy theme of each ad is driven home with the statement "that's Allstate's stand", and with the suggestion that you are not in good hands unless your insurance is through Allstate.

However, experienced consumer attorneys know that Allstate's advertising claims are in stark contrast to its every day claims handling practices. Trial lawyers are in a unique position to judge the overall approach of insurance companies because they deal with a broad cross-section of insurance companies in a wide variety of factual scenarios. During the handling of thousands of claims, the true corporate color of an insurance company shines through. And after reviewing a high volume of claims documents recently, the American Association for Justice unequivocally rated Allstate as the worst insurance company for consumers.

Allstate policy holders might feel that the wrap on Allstate is the result of sour grapes on the part of attorneys who are resentful that their outrageous claims were not paid by the company. However, Allstate's rating was not solely the result of a "boxing glove" corporate policy of lowballing legitimate claims made against its policy holders, although that was certainly part of it. Allstate has also made clear it was willing to get into the ring and duke it out with its own policy holders in the name of increasing profits. In addition, its low rating was based on paying high executive salaries as a reward for successful lowball tactics and charging higher premiums, in part to pay for its expensive advertising.

One recent Allstate commercial illustrates another goal of the Allstate advertising campaign. The ad shows a court room scene where the judge imposes a judgment on a young man (the defendant) in the amount of $100,000 after an auto collision. The defendant's attorney turns to the injured person's (plaintiff) attorney to explain that the defendant has only $50,000 in insurance. The plaintiff's attorney replies that the defendant has a college fund that can be used to pay the balance of the judgment, and concerned parents ask their attorney - "can they do that?" The defendants attorney replies that they can.

The ad is designed to mislead the viewer into believing that the defendant is an innocent victim (it was just an "accident"), and that both the court system and a greedy plaintiff's attorney are the victimizers. This promotes the belief that trial lawyers and frivolous lawsuits are the cause of high insurance premiums.

In real life, such a scenario would likely be the result of an auto collision caused by a speeding driver who was distracted by his cell phone and ran a red light, sending the other driver to the hospital with serious, possibly permanent injuries. The other driver incurs medical expenses of $25,000, loses income from work of $10,000, and has ongoing pain and limitations. Although the value of the pain, suffering and inconvenience is well in excess of $15,000, the other driver is willing to settle out of court for the responsible driver's $50,000 policy limit to avoid going to trial, and probably out of a moral feeling that he does not want to collect against the responsible driver's personal assets.

Even though the other driver is without fault, the insurance company for the responsible driver puts on its boxing gloves and offers only $40,000, which is less than the policy limit of $50,000. The attorney for the injured person has no choice but to spend thousands of dollars to take the case to trial to seek the full value of the injured person's damages. A jury of reasonable people taken from the general population (rather than a judge as portrayed in the ad) determines that the total value of the injured person's loss is $100,000. Now, because of the insurance company's lowball at all cost mentality, there is a judgment against the responsible party for more than his insurance coverage.

Allstate Insurance has engaged in a successful marketing campaign. But this expensive advertising comes at a cost. The consumer warning caveat emptor is especially appropriate when you consider purchasing insurance from Allstate. Purchasers of insurance from Allstate may find that the "good hands" have boxing gloves on, and making a claim is like ringing the fight bell.

Originally posted at InjuryBoard by David Rosenthal

Does my Teenager Need a Booster Seat??

Joe Crumley — Tue, 28 Jul 2009 15:03:01 GMT

Minnesota's new booster seat law brings a whole new group of older kids into booster seats. The new law has been in force since July 1, and folks are asking questions.

Does my Teenager Need a Booster Seat??? The law only applies to children both under age 8 and under 4 feet 9 inches. So unless your 7 year old is that tall, the child MUST BE in a booster seat. (By the way, if your 7 year old is 4 foot 9, call me... I'd like to negotiate a pro basketball contract.)

But is it safe enough to merely follow the law? Safety Experts suggest you can do more. Any child under the age of 13 should always be in the backseat. Proponents of the Minnesota law also suggest that any child who is over 8 but still under 4 feet 9 inches remain in a booster seat. Although it may be difficult, you should base your decision to get rid of the booster seat on the child's height and not their age. Any parent or caregive must review this comprehensive guide to Child Safety Seats from the American Academy of Pediatrics (AAP).

It's not illegal to let your petite twelve-year-old ride without a booster, but you may be risking your child's life. Use your common sense and your observations of your own child to determine when your child is tall enough to ride in a car without a booster seat and have seatbelt fit properly.

What if I Get a Ticket? The law does have an escape clause: The $50 fine may be reduced or waived if you can prove that you obtained an appropriate car seat or booster seat "within 14 days after the date of the violation." That's no reason to delay getting a seat, though.

What if I'm Driving Other People's Kids? This could be a problem. You need boosters for all of them. Common sense and preparation should simplify this problems. If you're driving the baseball or soccer team, ask their parents to have the kid ready at the door, booster seat in hand (and with a parent to help install it correctly the first time). Booster seats should become just another sports accessory, like water bottles and shin pads.

What about Babies? Babies should be placed in a rear-facing safety seat until at least age 1 and at least 20 pounds in weight. The AAP even advises that it is best for baby to "ride rear-facing to the highest weight or height allowed by the manufacturer of her car safety seat." Either way, the child ought to be in the center position of the back seat away from any possible impact.

Why the Changes? Some people have been wondering why these changes have been made. Many parents believe that a seatbelt is enough. However, over the past twenty years, we have learned that seatbelts may actually cause more harm than good for a small child. This is because seatbelts were not designed to fit children and because children are so much shorter and lighter than adults, seatbelts improperly fitted on a child can sit across their necks or ride up too high on their laps which can cause serious injury in a crash. A booster seat or car seat will elevate a child the few inches needed to ensure that the seatbelt fits properly or it will have a guiding system on it so that the seatbelt is situated in the proper position on the child’s body.

Can I Get Help With the Cost? For people who are concerned about the cost of booster seats, there are organizations to help parents get affordable booster seats. Organizations like the American Automobile Association (AAA) can also help parents track down financial help and provide advice on where to buy.

How Do These Darn Things Work? It is crucial that the booster seat fits your child properly and that you have it installed in your car properly. Some experts estimate that 4 out of every 5 children are placed in safety devices or restraints improperly. The doctors at the American Academy of Pediatricians provide comprehensive guidelines, as does the AAA and this website: http://www.carseatsmadesimple.org/. Most fire stations will also offer assistance to parents or caregivers who need help with car restraints so do not be afraid to ask.

My partner Mike Bryant wrote about this law when it was first passed. For more information, check out the latest news about the law.

Originally posted at InjuryBoard by Joe Crumley

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

Brett Emison — Fri, 06 Nov 2009 09:00:01 GMT

It appears that Toyota has denied its sudden acceleration problem for more than 5 years. Toyota's recall for floor mat problems is not the end of the story and the company needs to do more to protect its customers and the motoring public.

In March 2004, the Center For Auto Safety reported about sudden acceleration problems in 2002-03 Toyota Camrys and Solaras and the 2002-03 Lexus ES 300.

WASHINGTON -- A relatively new technology, the electronic throttle, is a leading suspect in a wave of claims that some vehicles unexpectedly accelerate out of control. Government investigators are looking at 2002-03 Toyota Camrys and Solaras and Lexus ES 300s to determine if they are defective. More than a million cars are in service. The National Highway Traffic Safety Administration has begun a preliminary investigation of the latest claims. It is gathering about 37 complaints of sudden acceleration by owners of the Toyota and Lexus cars. The complaints include 30 reports of crashes. They involved injuries to five people; one of them was seriously hurt.

According to AutoSafety.org, by the year 2000, there had been more than 22,600 reported complaints of sudden acceleration.

More than five years ago, Toyota and NHTSA identified the electronic throttle as the most likely source of the sudden acceleration defect. However, Toyota continued -- and continues today -- to dismiss concerns about its throttle control system and has looked only at the floor mat issue.

Four years later -- in June 2008 -- the Detroit Free Press and the Motor Authority reported that Toyota had dismissed additional customer complaints that the popular Toyota Tacoma pickup truck had been experiencing the same sudden acceleration issue as other Toyota and Lexus vehicles.

Now, Toyota's Tacoma pickup is receiving complaints in the U.S. because of the same unintended acceleration defect.

A total of 432 customers have reported unintended or sudden acceleration [problems] in their vehicles, resulting in 51 crashes and 12 injuries. Toyota has responded by stating that its Tacoma is not defective and that many reports were "inspired by publicity," reports the Detroit Free Press.

In 2008 -- like in 2004 -- Toyota refused to take the sudden acceleration issue seriously. Instead of fixing the known problem in its vehicles, Toyota publicly accused its own customers of trying to cash in on Toyota's negative publicity.

By October 2009, Toyota was forced to finally acknowledge sudden acceleration problems in the following vehicles:

2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES350
2006-2010 Lexus IS250
2006-2010 Lexus IS 350

In October 2009, Toyota Motor Corp. President Akio Toyoda, was forced to publicly apologize for the tragic death of an American family who were killed when their Toyota vehicle suddenly accelerated out of control. This tragedy was recorded by 911 as the passengers desperately tried to slow or stop their out of control Toyota vehicle.

As the Detroit Free Press reported:

TOKYO — Toyota’s president said it was “extremely regrettable” an American family died in a crash in which a floor mat in one of the Japanese automaker’s vehicles is suspected as the cause.

"Four precious lives have been lost," Toyota Motor Corp. President Akio Toyoda said Friday. "I offer my deepest condolences."

***

That crash killed California Highway Patrol Officer Mark Saylor, 45 — who was driving a Lexus, a Toyota luxury model — and three family members on State Route 125 outside San Diego.

The vehicle was traveling at more than 120 mph when it launched off an embankment, rolled several times and burst into flames.

Despite more than 5 years of documented sudden acceleration problems in Toyota and Lexus vehicles and the tragic death of a family of four caught on tape, Toyota still has refused to accept any responsibility or acknowledge any defect:

Toyoda said the company was still deciding what action it would take and did not acknowledge any vehicle problem during his appearance at the Japan National Press Club.

He apologized for any worries customers may have.

“I feel sorry that people who are driving Toyota and Lexus cars believing in their safety are now feeling uncertainties,” he said.

Toyota has ignored customer reports of the sudden acceleration problem for more than 5 years. Despite this growing safety concern, Toyota announced today, November 6, 2009, a third-quarter profit of nearly $250 million. In the last 90 days -- while its cars were running out of control -- Toyota made a profit of nearly $3 miller per day. Toyota also increased its sales projection to more than 7 million vehicles for this year.

Langdon & Emison is aware of more than 2100 reported instances of Toyota sudden acceleration. Instead of listening to its customers and fixing the extremely dangerous sudden acceleration problem -- a problem Toyota has known about for more than 5 years -- Toyota is raking in money and placing even more dangerous cars and trucks on American roads. Toyota needs to take these complaints seriously and fix the millions of dangerous vehicles on our streets and highways.

You can learn more by reading these previous reports on Toyota's sudden acceleration problem:

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

____________________________________________________________

Update: Toyota's Record Accelerator Recall Surprises Unprepared Dealers

____________________________________________________________

Update: Toyota Recall: Experts Point To Electronic Throttles; Not Floor Mats In Sudden Acceleration Problem

____________________________________________________________

Originally posted at InjuryBoard by Brett Emison

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant

Why Speeders on the Highway Cause More Serious Accidents

Devon Glass — Fri, 28 Aug 2009 11:52:41 GMT

So it goes that we have a third party to add to our blog series. I think I speak for both Steve Lombardi at the Lombardi Law Firm, and myself at the Church Wyble, P.C. law firm, when I extend a hearty welcome to Wayne Parsons from the Wayne Parsons Law Offices in beautiful Honolulu, Hawaii.

Yesterday, both Wayne and Steve wrote about the dangers of speeding on interstate highways. No matter the state, whether that state is Michigan, Iowa or Hawaii, speeding drivers cause a huge danger to others. As Wayne so aptly stated, people love to speed on the Interstate Highway System, going as fast as they can and getting upset with those who choose to follow posted speed limits.

Steve mentioned that when he first learned how to drive, he was instructed that for every ten miles an hour, you need at least one car length to safely stop without rear ending the driver in front of you. Additionally, as Steve pointed out, drivers are more distracted than what they were even 10 to 15 years ago. With the advent of texting, drivers cannot possibly be as focused, and therefore as safe, as they were before texting existed. In fact, driving while texting increases the risk of collision by 23 times compared to when a driver is completely focused on the road. I cannot begin to imagine what the increased speeds of the interstate highway contribute to those omnipresent dangers.

Speed limits on the interstate vary to upper and lower extremes across the country. Michigan and Iowa represent the higher extremes of 70 mph, while Hawaii tends toward the lower at 60 mph. I’m not sure if these are still accurate for Iowa and Hawaii, so perhaps Wayne and Steve can correct me if I’m wrong. Nevertheless, the Insurance Institute for Highway Safety argues that some of these new, higher speed limits in the Midwest and elsewhere are costing lives. In fact, it estimates that deaths on highways and the interstate freeways have increased 15% due to the higher speed limits. Some researchers, such as those in the AOL article link I provided, will argue that speed actually decreases the number of accidents. However, these aren’t the pure facts. While higher speeds may keep some slower drivers off of the interstate, it boils down to the truth of the matter that higher speeds cause more serious injuries, including death. Indeed, speed influences the risk of crashes and crash injuries in three basic ways:

· It increases the distance a vehicle travels from the time a driver detects an emergency to the time a driver reacts.

· It increases the distance needed to stop a vehicle once an emergency is perceived.

· It increases the “crash energy” by the square of speeds—when an impact speed increases from 40 to 60 mph, the energy that needs to be managed increases by 125%. In other words, the crash impact is going to be astronomically greater than if you were going at a slower speed.

Anyway, enough about physics. The point is speed does kill. It may be faster (and more fun) to speed, but it just isn’t safe. Slow down and follow the posted speed limits.

Here's a video on the impact of speed. Albeit a video created in the UK, but speed doesn't discriminate who it will kill by country of origin.

http://www.youtube.com/watch?v=77MoOl5o5aM

If you just joined our series, here’s a recap of what you’ve missed:

Are Double-Bottomed Semis More or Less Dangerous to You?

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash?

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?

The Interstate Highway Graveyard, “Speed Kills”

Originally posted at InjuryBoard by Devon Glass

NY Wrong Way DUI – Who Should We Believe?

George Fusner — Mon, 10 Aug 2009 15:43:02 GMT

The story of Diane Schuler’s death continues to unfold. After a toxicology report stated Ms. Schuler was under the influence of marijuana and had blood alcohol level of 0.19 at the time of the crash, her husband Daniel claimed the report must be inaccurate. He went on to even say he’s never seen her drunk during their marriage. I hope for his sake he is telling the truth about his wife’s alcoholism, but it seems like reports are starting to surface which say otherwise.

Mr. Schuler has had issues with drinking in the past. In 1995, Mr. Schuler was arrested for DWI. While this was 15 years ago, it certainly hurts his credibility. The five year old survivor may be the only one who will be able to tell investigators what was really going on, but even then, the story will be incomplete. Suffolk County Child Services is now investigating Mr. Schuler, to see if he had any role in the events leading up to the crash. Mr. Schuler’s own independent investigator stated that the vodka bottle found near the crash may have been packed by Mr. Schuler earlier that day. If she doesn’t drink, why was a bottle of vodka packed?

It’s truly a tragic story. While some believe placing blame in this story is inappropriate considering the insurmountable loss experienced by both everyone involved, it doesn’t change the fact that seven people died because of Mrs. Schuler’s actions.

The question that must be asked as the investigation continues: will the victims’ families be rightfully compensated? The answer is not quite clear yet. One way is to investigate the signage in the area. It’s been reported that there were one way and “do not enter” signs at the intersection to warn motorists it was the wrong way, but nothing on the ramp once entered. Even so, it may be difficult to prove that this was a cause-in-fact of the crash, considering Ms. Schuler’s state of mind. You can be sure that every stone will be turned.

Then there’s the Schuler’s insurance policy, as well as the policies of the other drivers. Without knowing specifics, it’s difficult to tell what the victims will receive from the policies, but it will surely be grossly inadequate.

The dram shop act in NY may apply if new facts are revealed, but at this time it doesn’t seem likely it will be brought up (I talk about TN’s dram shop act in an earlier post here). Most likely, the civil litigation is going to revolve around the investigations ongoing: What role did Mr. Schuler really have in his wife’s addiction?

It’s too early to assume Mr. Schuler’s contribution to the accident in this story, but as more information is received, I will discuss the effect it will have on the upcoming litigation. Right now this story is the perfect example of why you engage an attorney as soon as possible after a wreck.

Originally posted at InjuryBoard by George Fusner