District of Columbia Personal Injury Blog - Automobile Accidents

First Serious Winter Weather Causes Numerous Car Wrecks

David Tompkins — Sat, 19 Jan 2008 16:15:50 GMT

Icy road in the Washington D.C. area contributed to a number of car accidents this week. Car accidents are not caused by snow, but by inexperienced drivers. People who don't know how to drive on snow go too fast for conditions and hurt other people and themselves. Insurance companies never find their driver negligent for driving too fast for snowy or icy conditions. Adjusters will always blame the snow, and pay injured people nothing.

Icy conditions, really the first of this year, contributed to numerous car accidents this week. According to NBC4, at least one fatality in the area can be attributed to the weather.

According to this article, one person driving an SUV died when he lost control (going to fast for conditions), was hit by a semi, then pushed off the road on Route 15. The driver died of very serious injuries caused by the collision. The driver of the semi suffered what the article describes as minor injuries.

The article goes on to describe accident after accident caused by snow, ice and weather.

But let's get seroius here. The SNOW did not cause the collision. Poor, unsafe driving causes these collisions. In our society, we just have to get there as fast as we can!

Even more telling is how many of these collision involved SUVs. These large, 4 wheel drive trucks are driven by inexperienced drivers on our roads. What I mean by inexperienced is that the drivers are those who don't really understand how to drive in the SNOW, not how much they drive in general. Driving a 4 wheel drive vehicle will get you moving, but does not help you stop on the snow (at all) and does not really help that much at steering. The person with little experience in the snow will get their large, top heavy vehicle going forward, but can't stop. They become a cannon-ball on the road.

So please, DC drivers, take your time when it is snowing. If you are late, be late and stay alive.

When one of these snow-speed-demons hits you or a loved one, contact an attorney to assist you. Almost guaranteed the insurance company for the other person won't find their driver negligent for driving too fast. The adjuster will blame the snow, and pay you nothing.

Originally posted at InjuryBoard by David Tompkins

Intersections in Maryland Can Be Dangerous

David Tompkins — Mon, 14 Jan 2008 19:09:22 GMT

NBC reported that another pedestrian has been killed in Prince George's County. On January 12, 2008, Rosario Gonzales was killed at the notoriously dangerous intersection of New Hampshire Avenue and University Boulevard.

The sad part of this story is that the person that struck and killed Mr. Gonzalez did not have the human decency to stop. The person who hit Mr. Gonzalez fled the scene, and police are looking for him now.

Our roads have been designed for automobile traffic only. Our roads were not designed to help pedestrians, nor where they designed to help bicyclists get where they need to go. When you need to cross the street, you have to be extra careful, because the road designs and intersection designs are working against you.

Serious personal injuries are routine in pedestrian and bicycle accidents. Unfortunately, Maryland follows the principle of contributory negligence, where if you are partly at fault, you cannot recover any damages from another person.

Insurance companies routinely mislead their insureds about what insurance is available, and always threaten to "raise your rates" if you use your insurance. When you hear something that just does not sound right, it is probably time to call a lawyer.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

SUV Rollovers: A Persistent Crucial Problem

David Tompkins — Sun, 13 Jan 2008 16:35:40 GMT

Steps to take when you are involved in an SUV Rollover:

1. Take pictures of the SUV and all vehicles involved in the collision.

2. Take pictures of location where the accident took place. These pictures should show the layout of the road and include any scrapes on the road, tire marks or skid marks.

3. Keep the SUV even if it is totaled.

4. Take the names, addresses and phone numbers of any witnesses at the accident scene.

People believe that the bigger their vehicle, the safer they are. That perception has propelled the SUV industry into one of the fastest growing car markets in the United States. Unfortunately, that perception is not correct. SUV's, have a disturbing tendency to roll over which results in more serious accidents. Just about every make and model of SUV's have this problem.

The government requires SUVs to display a warning label telling drivers that the vehicle may rollover when they make a sharp turn which is exactly the type of a maneuver a driver may take in order to avoid an accident. According to the National Highway Safety Administration, SUVs roll over more than twice the rate of other vehicles. Warning drivers that their vehicle may rollover if they make a sharp turn is not enough, the basic flawed design needs to be changed.

What causes SUVS to flip and rollover? SUVs have a higher center of gravity because they are taller, have higher ground clearance and a narrower distance between their wheels. This higher center of gravity makes it easier for SUVs to tip over. In fact, the heavier the vehicle, which SUVs tend to be, the more likely the vehicle will tip over. A roll over bar provides some protection in the event of a roller yet many SUV manufacturers have taken them out of the SUVs since they are predominantly driven by families.

Don't be fooled by ratings given to SUV. The tests provided by the manufacturers were conducted by professional drivers with lightly loaded SUVs which have little to do with how an ordinary driver with a car full of kids would react in the same situation. Even an SUV with a five-star crash rating still has a 10% chance of rolling over in a single-vehicle crash. When drivers of SUVs lose control their vehicles, their vehicles tend to flip over more often than passenger cars; their passengers can be ejected which likely results in death. More than half (53%) of passenger deaths in SUVs occurred in rollover accidents.

Litigating SUV roller cases can be complex and involves knowledge of not only state laws governing negligence but also federal safety regulations and laws of corporate liability and products liability. If you or someone you love has been involved in an SUV rollover accident, please click the link on the right hand side of the page.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Family to Sue Health Insurer for Fatal Delay in Treatment

David Tompkins — Sun, 23 Dec 2007 23:11:16 GMT

While not a typical automobile post, I'd like to draw your attention to this weeks story about a health insurer who denied a liver transpant to a young insured girl. It seems that liver transplants, to the health insurer, is still considered an "experimental" procedure, so they denied coverage for the procedure.

The young girls family hired a well known TV lawyer to get some media coverage. They call legislators, held press conferences, wrote letters, did the whole "blogosphere" routine. Put some heat on the health insurer, and see if you can move them.

It worked, the carrier changed their position, a few hours before the young girl died. I believe there is a song about this: "Isn't it Ironic."

Now there are calls for criminal charges against the health insurer, civil suits for negligence against the health insurer, and so on. But let's look at why this girl died: MONEY.

The procedure costs hundreds of thousands of dollars. Who gets that money? Doctors, for profit hospitals, pharmacutical manufacturers (for the crazy priced anti-rejection drugs) and so on. NONE of these people (I include the doctors here) woudl help this girl, unless there was money in it for them. Think about that for a bit, no one would help her unless the health insurance company (or the girl herself, or her family) coughed up the dough. While we look for money, the girl dies.

Also look at the health insurer. The call now is for a criminal complaint to be filed against the health insurer. A corporation. Corporations cannot go to jail. But there are PEOPLE at the health insurance company who delayed this girl's treatment. If these people knew they would cause this girl's death by delaying her treatment, is that manslaughter. I doubt any district attorney would touch that case. It is morally reprehensible, but probably not a "crime" as such.

I feel badly for the family that lost their beloved daughter. She was killed by our capitalistic, money-grubbing health care system that feeds on insurance company pay-outs and the wages of the poor. The outrage leveled at the health insurer, while deserved, is misplaced. No one is going to cure any disease in America for free.

Originally posted at InjuryBoard by David Tompkins

Allstate Tells Missouri Courts to "Kiss-Off"

David Tompkins — Wed, 19 Dec 2007 21:22:08 GMT

Allstate Insurance Company was ordered by a Missouri trial court to produce documents related to its "McKinsey Study" program, and Allstates relatively new claims handling program.

Allstate, refusing to make public just how shady its claims handling processes are for automobile accident victims, has accepted as a business proposition a $25,000.00 per day sanction from Judge Michael Manners.

While I am a licensed Missouri attorney, graduate of Mizzou Law in 1996, I have never had the pleasure of practicing before Judge Manners. However, I believe the Court is in for a rude awakening when dealing the Allstate. The level of abuse and arrogance Allstate is willing to shell out to victims of automobile negligence is legendary.

In the middle to late 1990s, Allstate figured out a few things about how they handled automobile collision claims. Foremost, they figured out that lawyers representing automobile accident victims were used to "easy settlements." They also figured out that lawyers made claims settle for two to three times higher than claims where a victim handled a claim without an attorney

In an effort to "change the game," Allstate developed a program designed to specifically to reduce the rates at which victims retain an attorney. The program was comprehensive, ranging from quick, low offers to those who were in desperate need of money, lawyer-bashing (all too obvious and easy), and a program to make lawyer's lives miserable by shifting costs and delays to the victims burden.

Some people argue that, when you are suing another person, in an adversarial system like the US legal system, this is ok. And to a point, I would agree. Allstate takes the program WAY beyond that point.

Besides, Allstate does not limit its practices to third-party claims. If you are an Allstate insured and you have to make a claim on your own policy, you are up against the same onerous process. Yes, your own insurance carrier, to whom you have paid premiums diligently for years and years, will put you through the ringer in an effort to get you to abandon your claim, or take less to make the onerous process stop.

In the case I just read about in Jackson County, rather than comply with the Court's order, Allstate has accepted as a business expense a $25,000.00 per day fine. The arrogance of this is astounding.

Remember, if you have a car accident where you were injured, pray that Allstate is not the company you have to deal with. If it is, get yourself a lawyer right away! You're going to need one!

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Teens and Driving: Parents Need to Protect Their Kids

David Tompkins — Mon, 26 Nov 2007 20:41:42 GMT

Some of the most tragic cases that I see involve young people. On November 12, 2007 another teenager died in a single car accident. This brings the total teen death rate for suburban Montgomery County to seven in a single week!

We strongly encourage parents to take a leadership role with their children. What our experience has shown, and what all emperical data we have seen supports, is that the single leading contributors to teen deaths are:
1. Alcohol
2. More than one non-family passenger in a vehicle
3. Driving after 9:00 pm (we believe basically after dark)
4. Bad weather
5. Vehicle engines with greater than a 4-cylinder engine.

One or more of these factors are involved in EVERY SINGLE death case we have handled for a dead teenager's grieving parents.

There is some talk of restricting teen driving privileges. I am not sure that this is the solution, as practically speaking, teens need to drive to work, school activities and so on. However, parents can take an active role in protecting their children. Do not let you child drive other teens in their car. Do not buy you child a car with a large engine. Put and enforce a curfew on you child and enforce it with driving privileges. NEVER LET YOUR CHILD CONSUME ALCOHOL EVER. Restrict drivng during inclement weather, especially after dark.

We feel for all families that lose a child. We hope we never see another grieving parent in our office. We encourage everyone to take these basic steps to help keep their learning drivers safe.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Court Rules in Uninsured Motorist Policy Case

Shannon Weidemann — Wed, 31 Oct 2007 23:21:30 GMT

A New Jersey Appellate Court ruled that a woman who was injured in a drive by shooting can receive compensation from the Uninsured Motorist portion of her car insurance even though she was just entering her car at the time of the shooting. The insurance company denied her claim originally.

But the appellate judges, citing two New Jersey Supreme Court rulings, concluded there is no requirement that the vehicle "literally strike the insured" in order for a policyholder to receive benefits.
"[T]he automobile did more than provide a setting or an enhanced opportunity for the assault. In addition to allowing the assailant to be at the place of attack, it furnished the assailant with what he must have assumed would be both anonymity and a means of escape. The assailant would not likely have committed such an act of apparently random violence use of a car," the judges wrote.

Uninsured Motorist Insurance normally covers a claim when someone is struck by a hit and run driver or by someone without auto insurance.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

California May Target Uninsured Motorists

Shannon Weidemann — Wed, 31 Oct 2007 22:58:49 GMT

Driving while uninsured in California may become a thing of the past if the Insurance Commissioner has his way. He is trying to place an intiative on the November 2008 ballot to get uninsured motorists off the road. It may work by revoking license plates on cars or allowing police officers greater power in dealing with the uninsured.

Advocates of the low-cost program and the possible initiative contend that it's unfair that law-abiding motorists end up paying higher premiums because of damage done by uninsured drivers. Opponents counter that the measure would disproportionately affect poor people and make it even harder for them to get and keep jobs.
Even the relatively modest cost of the state's low-cost auto policies could prove too much for a poor family of three living on $723 a month in welfare payments, said Mike Herald of the Western Center on Law and Poverty, a Los Angeles-based legal services group that deals with health, welfare and housing issues.

Insurance is mandatory in California and the police are only able to issue a ticket to drivers. It is estimated that 3.2 to 5.7 million motorists are uninsured in the state.

Originally posted at InjuryBoard by Shannon Weidemann

Man Hurt in Nampa Pedestrian Accident

Shannon Weidemann — Wed, 31 Oct 2007 22:40:51 GMT

A man was crossing the street in Nampa when he was hit by a car and injured on Monday evening. The pedestrian accident happened on 11th Avenue North at 3rd Street North. There is no marked crosswalk at the intersection.

The crash is still under investigation. At this point investigators know that the vehicle was headed north on 11th Avenue North and the pedestrian was walking east across 11th Avenue North near 3rd Street North. No charges have been filed at this time.

The injured pedestrian was taken to a local hospital for treatment. The extent of his injuries are unknown and he is listed in critical condition.

Originally posted at InjuryBoard by Shannon Weidemann

Smithtown Car Accident Kills Two

Shannon Weidemann — Wed, 31 Oct 2007 22:08:22 GMT

A car accident in Smithtown this morning killed two teenagers. They were both thrown from the vehicle they were passengers in after it hit another car and a guardrail. The accident happened on Jericho Turnpike. The driver of the car is a 17-year-old student at Smithtown High School West.

The two teens were pronounced dead at the scene, Compagnone said. It is not known whether they were wearing seat belts, he said.
"They were really good, nice kids, and they had a very bright future ahead of them," said principal John Dolan.

The driver of the car was driving on a junior license which means he was not allowed to drive to school or with passengers in the car that are not his parents. He received a head injury in the crash. Both the driver of the other car and her passenger were also injured in the crash.

Originally posted at InjuryBoard by Shannon Weidemann