Car Insurance

Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is.

Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading.

A personal injury attorney / lawyer handles matters where there has been a personal injury, either physical or emotional, which was caused by the negligence of another. If there was no negligence then there is no case. There must be negligence, whether intentional or unintentional, on the part of another, for a claim to be valid. In other words, you would have trouble making a case against your landlord, where you spilled water on your kitchen floor and then slipped and fell because of the water. However, if the landlord had failed to fix the plumbing under your sink and the water was on the floor because of leaky plumbing then you may, I say may, have a case. There are other variables that could come into play and you would need to seek the advice of a good personal injury attorney, in order to determin your rights.

There are many matters other than car accident matters that can many times be included under personal injury, IE: slips and falls, workplace accidents (after a workplace accident you may be covered under workers compensation or disability but you may also have a personal injury claim), injuries caused during a storm or power outage, airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, getting beat up, robbed or otherwise injured inside or outside of a business, medical malpractice and even malpractice by an attorney.

There are many variables that can come into play in determining negligence and many times you may think that there was no negligence on the part of anyone when there actually was. I myself, know of a case where a party was struck by a car while riding a motorcycle and injured severely. He settled with the driver and the driver’s insurance company for the $100,000.00 maximum of the driver’s insurance policy. This settlement did not even begin to cover his medical bills. Some time later, a personal injury attorney, while speaking with a member of the injured party’s family, found about the case and was asked to look into it for the family. The injured party was broke and paralyzed. The attorney did some checking and then agreed that, even though the man had accepted the settlement, there might still be a case. He then hired my detective agency and another to do further research. Finally, he filed a law suit against the car driver, the drivers insurance company, the motorcycle manufacturer and others. I won’t go into the whole case, but suffice it to say that he went to trial and ended up obtaining a verdict against several of the parties, including the drivers insurance company and the motorcycle manufacturer, for several million dollars and the injured party is no longer broke. I might add that the attorney took the case on contingency and advanced, out of his own pocket, all of the expenses including court costs and investigation fees.

The point of the foregoing is that if you have been injured, you should seek the advice of a competent personal injury attorney even if you don’t think that there is anyone at fault. Only a good experienced personal injury attorney can attempt to make that determination.

This article was written by David G. Hallstrom, Sr. for and copywrited by California Personal Injury Attorneys, a directory listing personal injury attorneys, with websites, in California. Permission is given to reprint this article provided that it is reprinted whole and unedited, that credit is given to both the author and California Personal Injury Attorneys.us and that all links contained herein are kept live and working.

An accident of any kind can bring with it all sorts of trouble and trauma that you had not expected. Motorcycle accidents are no different, and in fact are often worse. They generally result in more serious injuries and skyrocketing medical bills. What can you do to ease your financial burden in a time like this?

When you have been involved in a motorcycle accident it is extremely important to hire a lawyer. If you can find a talented Seattle motorcycle accident lawyer you greatly increase you chances of having your medical bills paid for you as well as other expenses you may not have previously considered. In addition to your medical bills you may also be entitled to compensation for lost wages, physical and emotional pain, and loss of enjoyment of life.

The quicker you contact a Seattle motorcycle accident lawyer the better your chances are of recouping your financial losses. Some people are mistaken in thinking that motorcycle cases improve with time. This is the opposite of the truth. The sooner you hire a lawyer the faster they can get to work on gathering the evidence and information needed to settle your case.

Even if you are partially at fault for the accident you are entitled to financial compensation for the losses you will suffer. Do not make the mistake of merely relying on the insurance companies involved. It is in their best interest to delay payment to you in order to allow them to fight the values in question and pay you the minimum amount required of them by law. Hiring a lawyer to battle the tightfisted insurance companies is the smartest move you can make. Insurance companies are merely looking out for themselves and only want to pay you what they have to. A lawyer will fight for you and every penny they can possibly get for you.

Many people who have been involved in an accident never contact a lawyer because they fear they will have to pay large fees for simply contacting them about their case. This may be true in some cases, but most will allow for a free consultation. In this consultation your case will be discussed and the facts will be reviewed. From this free consultation they can evaluate your situation and let you know what the law says you are entitled to. They will inform you of any fees they will charge and what money they expect to win for you through your case.

If you have been involved in a motorcycle accident in Seattle it is in your best interest to contact a Seattle motorcycle accident lawyer as soon as possible.

The author of a recent book inferred that the slowed decline in US vehicle fatality rates in the 1990s relative to other industrialized countries resulted from too much emphasis on vehicle factors. He claimed that Canada had the same vehicle mix but a lower fatality rate. Actually, US death rates by make and model applied to Canadian vehicle sales indicates that Canada’s death rate would be the same as the US if Canada had the same vehicle mix and annual miles driven. The US had much greater growth in sales of large SUVs and pickup trucks that are heavier and stiffer than passenger cars, contributing to excess deaths of other road users in collisions. They are also more unstable, contributing to excess deaths of their occupants in rollovers. Lack of policy regarding these vehicle characteristics is the primary reason for the attenuated decline in vehicular fatality rates.

INTRODUCTION

In a recent book by a retired General Motors employee, Leonard Evans, trends in motor vehicle death rates in the US compared to other countries were used to infer a “Dramatic Failure of US Safety Policy” (1). The decline in US rates slowed in the 19905 compared to those of several other industrialized countries. As a result, the US no longer holds its historically leading position - the lowest rate. Evans’ assessment was confined to eyeballing the trends and assertion regarding the cause. He attributed the changed slope in US rates to personal injury lawyers who, he said, have an interest in focusing on vehicles to the neglect of programs to change driver behavior. He said that the emphasis on vehicle factors that resulted in the Motor Vehicle Safety Act of 1966 was the beginning of the problem and singled out the airbag controversy of the 19705 and 19805 as the recent major culprit. The purpose of this paper is to correct his misstatements regarding the history of vehicle regulation in the US and to examine data that he ignored regarding vehicle mix that contributes to different vehicle death rates among countries.

Personal injury lawyers were not involved in the events that resulted in vehicle safety regulation in the US. A book co-edited by a physician and two social scientists (2.), who had no interest in injury lawsuits, inspired the Motor Vehicle Act of 1966. The book emphasized that the energy in car crashes (and other injurious events) could be managed by product and environmental modifications to reduce injury severity. Based on that analysis, Senator Abraham Ribicoff began hearings on vehicle manufacturer responsibility to improve vehicle safety. When private detectives hired by General Motors were caught trying to entrap Ralph Nader in a scandal, and GM’s Chairman apologized in a Senate hearing, the issue gained wider public attention (3). Whether the Motor Vehicle Safety Act would have been enacted without that incident is problematic but it was a positive step to reduce vehicle fatalities.

The 1966 Act and subsequent amendments authorize the government to adopt “performance standards” rather than specific rules regarding how the vehicles are to be designed. For example, the steering mechanism must absorb a specific amount of energy in a crash test but the design to accomplish that goal is left to the manufacturer. The initial regulations substantially improved the crashworthiness of passenger cars and included crash avoidance standards such as reduced glare in driver’s eyes and standards for brakes. Trucks were exempted. The manufacturers subsequently improved crashworthiness of cars, possibly in response to publicized crash tests (4).

Evans says an “air bag mandate” in the US was imposed by Joan Claybrook (lawyer) in the Carter Administration, egged on by Ralph Nader (lawyer). In fact, the only air bag mandate was introduced by non lawyers Douglas Toms, head of the National Highway Traffic Safety Administration (NHTSA) and a former state motor vehicle administrator, and John Volpe, Secretary of Transportation and a former owner of a construction company, in the Nixon administration. Because their proposed airbag rule was not a performance standard as required by US law, the standard was later revised to require minimum forces on crash dummies in frontal impacts at 30 miles per hour, which is not an “air bag mandate”. Automakers chose to use air bags to meet the standard but were not compelled to do so if they had chosen to design the vehicles differently. The Reagan administration tried to overturn the standard but was overruled by the courts as a result of a lawsuit by insurance companies and others, not personal injury lawyers.

Evan’s assertions would ordinarily be dismissed as an uninformed, unscientific polemic but, in this case, the book has received widespread attention and was favorably reviewed in leading medical and other journals. The reviewer in the Journal of the American Medical Association called the chapter on US policy failure a “showstopper” and devoted most of the review to an uncritical repetition of Evans’ allegations regarding the history of vehicle regulation

In July 2004, in its ongoing effort to expand coverage of the service sector in the Producer Price Index (PPI), the Bureau of Labor Statistics (BLS) introduced a new price index for the direct health and medical insurance carriers industry. This index, NAICS 524114–Direct Health and Medical Insurance Carriers, appears in table 5 of this publication and is available online via the BLS homepage: www.bls.gov. Data are available for December 2002 to present; prior to December 2003, the index is published as discontinued series SIC 6325.

The primary output of this industry is the contractual transfer of the risk for payment of medical costs and financial intermediation. The policy underwritten by the insurer represents a unique output. The policy lists the conditions for which restitution would be made to the policyholder to cover medical costs. The amount of risk being transferred to the insurer is clearly stated in terms of covered benefits (and benefits not covered), and it obligates the insurer to pay claims for all such occurrences. The indexes for this industry measure the change in the total premium (employee and employer contribution) paid to the insurer plus the return on the invested portion of the premium.

The services for which price indexes are available include:

5241141      Medical service plans
524114101    Group comprehensive medical service plans
52411410101  Group managed care medical service plans
52411410102  Group fee-for-service medical service plans
524114102    Other group and individual medical service plans
52411410201  Individual comprehensive medical service plans
52411410202  Dental service plans
52411410203  Supplemental Medicare service plans
52411410204  Other medical service plans
5241142      Accident and health insurance

To track price movement for the selected policy, insurance companies participating in the survey are presented with two options. With the first option, companies are asked to estimate a premium for a “frozen” policy. An actual policy is selected, and the price-determining characteristics are held constant when the policy is priced each year on its anniversary or renewal date. The companies estimate the premium using current charges applied to the characteristics of this policy.

With the second option, the insurance companies follow the selected policy over time. They are asked to provide the actual premium charged to the policyholder and to identify any modifications to the policy each year on the anniversary or renewal date. Any changes in benefits over time must be factored out so that index movements reflect only changes in price and not any additional benefits. To maintain constant quality, the companies must be able to provide the value of the risk change associated with any change to the policy characteristics.

Motor vehicle accidents occur more than any of us would like. There are ways in which to prevent being in a crash so that we do not end up being a statistic. Become the type of driver that prevents car collisions instead of causing them.

The Department of Transportation (DOT) has a list of three P’s for safe driving - the P’s stand for Prepare, Protect and Prevent. Being prepared for a drive across town or a trip across country allows you to take your time and get there safely. Protecting yourself and your car’s occupants by using the safety features, such as seat belts, properly is also a big plus. The final P is Prevent and that is what we are going to discuss.

In 2004, an average of 117 people died each day due to a motor vehicle crash. This equates to one car collision related death every 12 minutes. This is why motor vehicle accidents are the leading cause of death for every age from 3 through 33 year olds. To not become part of this statistical database you need to prevent crashes on the road and not provoke them.

Preventing car collisions is part of a driver’s duty. Most ways to stay out of being collisions are common sense. First and foremost do not get behind the wheel of a car if you have taken any drugs or alcohol. Both of these items can impair your driving abilities, response time and capacity to think clearly.

If you decide to drive a vehicle after drinking or ingesting illegal drugs you are likely to hurt not only yourself, your vehicle but others as well. If you are caught the penalties are harsh and severe. Many pedestrian deaths are caused by such bad decisions as driving under the influence.

Pedestrians can surprise you if you are not paying attention to the road. Remember in some states pedestrians always have the right away if in a crosswalk. Be aware of those individuals walking after night in dark clothing. It is your job as a driver to avoid people walking or riding their bikes, just because your car is bigger than them does not give you the right of way.

It takes more concentration to drive at night. Street signs are not as easy to see, some rural areas do not have street lights and sometimes it is hard to see with headlights shining in your eyes. This is why it is important to focus on your driving and drive slower if you must to drive safely at night.

Another problem that you can encounter, during the night or daytime, is fatigue. Do not drive while drowsy. Some studies suggest it is worse to drive while tired then to drive while drunk. If you have a long trip ahead of you get plenty of rest. If you are tired and begin to not be able to focus on the road, pull over immediately. You can try tricks of rolling down your window or stopping and getting some fresh air but it is likely you will become tired again within a half hour of driving.

The best thing to do if you are feeling fatigued is to stop at a motel or rest area. Get some sleep or change out drivers. When you have a clear head that can concentrate on the road and is not foggy from fatigue you can get back on the road. Midnight to 3 am on Saturdays and Sundays prove to be the deadliest hours so keep that in mind if driving during that time period.

While on the roadways always keep plenty of distance between your car and the vehicle in front of you. This allows for you to have plenty of stopping distance and you will not collide if the freeway comes to a sudden stop. Always drive the speed limit since that has been found to be the optimal speed for the roadway you are on. If weather gets bad drive even slower. Do not drive beyond your means.

Car collisions can include just one car. In 2004, over fifty percent of fatal crashes involved only one vehicle. Thirty-nine percent of fatal crashes also involved alcohol.Be a safe driver. Do not impair yourself as a driver with alcohol, drugs or even fatigue. As a driver you need to stay focused on the roadway and give yourself plenty of time to get to your destination. By doing these simple things you can protect yourself from collisions by not being the cause.