Category Archives: Car Accidents

Immunity of Government Agencies from Lawsuits is not Absolute

Though the National Highway Traffic Safety Administration (NHTSA) has never failed in reminding drivers to always observe traffic rules and drive safely, more than 90% of the five million vehicular accidents occurring every year can still be blamed on drivers.

Driver errors, however, are not the only causes of accidents. Though making up only a small percentage, it still is true that there are instances when the cause of an accident is beyond the control of the driver. Blame can sometimes be directed to cars and car parts manufacturers who produce defective cars of manufacture vehicle parts using low-quality materials,but promise great performance just to ensure saleability. At other times, they fail industry and government standards, rendering them susceptible to product liability charges, especially if the parts they produce become the cause of an accident. If a car crash, however, occurs due to a highway defect or a road hazard, like roadway debris, pothole, uneven pavement, poorly lighted street, traffic sign blocked by trees or other fixtures, wrong or missing road sign, lack of railroad crossing lights, water pooling on road, or damaged or missing guardrail, can the government be blamed and made to face liability for whatever damages an accident results to?

Manufacturers of defective car or car parts affect only those who buy their products and put to risk only these certain few and those with whom they share the road. Road hazards or highway defects, however, put not just a few, but all lives in danger. While drivers and manufacturers can easily be held accountable for accidents resulting from their mistakes or negligence, holding a government agency liable, due to road defects, poorly constructed roads or poorly maintained roads, can be very challenging due to the so-called “government immunity” or “sovereign immunity,” which renders states, cities and municipalities immune from any form of liability, despite injuries during an accident.

Immunity of government agencies from lawsuits, however, is not absolute. If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.

The law firm Mazin & Associates says that when a car accident occurs, the result could be grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists. Whatever the cause of an accident is, it is always possible for victims to recover compensation for their sufferings – with the help of a seasoned and determined car accident of personal injury lawyer.

Read More

Should I Get an Automobile Accident Lawyer?

Have you gotten into an automobile accident recently? Were you almost in an automobile accident and, perhaps, you wanted to prepare for the worst just in case the worst comes to show? Do you know someone who had recently suffered from an automobile accident and either want to help them or avoid their fate?

There are many scenarios to which a person might fall victim to an automobile accident. There might be a various ways that you might fall victim to an automobile accident. Maybe there was a person directly involved – a drunk driver, a driver on the influence of recreational drugs, or maybe a reckless driver – or, perhaps, the accident was due to technical failures with defects that can be traced back to the manufacturing stage of the vehicle. It is due to these varying factors as to why seeking the help of an experience professional might be of some use to you.

It is possible, however, that some insurance companies can tempt you into accepting a certain amount that will take care of things quickly. The easy way that they promise can, unfortunately, be difficult to live with in the long run. The amount that you are offered is not always enough to compensate for all the consequences that an automobile accident can cause. The offer may take care of the initial medical expenses as well as the cost of repairing the vehicle, if one is involved as you can still suffer from an automobile accident even if you’re just a walking pedestrian.

However, without the guidance of someone in the know, such as a South Carolina automobile accident lawyer, there is the possibility that you may be unjustly withheld expenses necessary to cover the loss of wages as well as the recompense needed for therapy, as some survivors of automobile accidents do require some method of medication or therapy for Post-traumatic Stress Disorder (PTSD), clinical depression, or anxiety. These might not be things that you had initially considered when settling with an amount that seemingly took care for everything and you never know if you are owed better in these cases unless you have someone on your team who knows their way around the field.

Read More

Chain Reaction Accidents

Chain reaction accidents are usually a result of some type of reckless driving. According to the website of Pohl & Berk, it could be speeding, tailgating, cell phone related, or other distracted driver accidents. Whatever the reason for it may be, chain reaction accidents are the result of a type of negligent driving, and could be a legally actionable case. Such accidents often have serious consequences for all involved, and chain reaction accidents usually affect three or more vehicles, some larger than others. Anyone who starts chain reaction accidents could be found liable for all the consequences. With that in mind, it can be difficult to determine exactly who or what is at fault for such an accident.

In some instances, chain reaction accidents could be due to some type of mechanical malfunction or failure, such as a defective tire, air bag or brakes. This will be established upon investigation, and the manufacturer of the defective or malfunctioning part could be held liable. On their website, the lawyers at Habush Habush & Rottier S.C. ® in Stevens Point, Wisconsin maintain that manufacturers for any type of vehicle, parts and accessories have a heavy duty of care because cars and trucks can potentially cause a lot of damage and serious injury. This is why quality assurance is such an important aspect of automobile manufacturing. Although Wisconsin is no longer a strict liability state, if it can be shown that a better design or better quality control would have prevented such chain reaction accidents, there is a good case to be made.

Chain reaction accidents can devastate a lot of lives, many of whom are simply at the wrong place at the wrong time. The fact that they are largely preventable makes it even worse. If you or someone close to you has been injured in chain reaction accidents, you may be eligible to get some compensation for the damage that has been done. Consult with an injury lawyer and explore your legal options in cases of chain reaction accidents. An attorney will be able to guide you through this difficult time.

Read More

Coping with Pedestrian Accidents

When it comes to an encounter between any vehicle and a pedestrian, the one without the wheels is apt to be the loser. Even a vehicle travelling at 10 mph can do considerable damage including lacerations, broken bones, and concussion.

In most states, cars are expected to yield to pedestrians crossing on designated areas. Unfortunately, both drivers and pedestrians occasionally do what they are not supposed to do and pedestrian accidents happen. Depending on the circumstances, both the driver and pedestrian may share fault although is some states, pedestrians who are found to be in any way at fault cannot sue the driver based on the contributory negligence doctrine. This is considered pure contributory negligence.

As a result, it can be very difficult to establish that a driver is entirely at fault. According to the website of the LaMarca Law Group, a law firm in Iowa, pedestrians involved in an accident have the right to recover for any resulting injuries and losses. That is, if you have experienced legal representation which can make your case before a jury.

In contrast, proving total fault on the part of the driver is not so necessary in New Jersey, which follows the comparative negligence doctrine. Fault is determined as a percentage based on the circumstances of the accident, and the driver only pays the portion of fault that is assigned by the jury. However, a pedestrian cannot sue the driver if the fault apportioned to the plaintiff is more than 50%. Personal injury victims should at least get financial compensation for the emotional trauma of an accident. This will not be as much though if the plaintiff is mostly to blame for the accident.

If there is a dispute about fault, let your legal representation figure out if you are eligible for compensation or not in pedestrian accidents.

Read More