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Multi-Car Accident Injures 7

Shanley Monroe — Fri, 17 Jul 2009 01:36:41 GMT

It’s a safe driver’s worst nightmare. It’s unavoidable, it’s unpredictable, and it’s unstoppable. It’s the other person on the road. Whether another driver is distracted, intoxicated, or just careless, his or her actions are completely outside your control. However, the effects of those actions can still put you and other drivers in harm’s way. It may not be your fault, but the danger is there.

Common sense dictates that if you are involved in a collision, the car that strikes another is probably responsible. For example, if you rear-end the car in front of you, you are most likely at fault for the damage to the other vehicle and the passengers inside. However, this is not always the case, particularly in multi-car collisions. For example, over the Fourth of July, there was a collision involving five cars on Highway 101. One car was overturned and a passenger had to be cut free of the wreckage. Seven were injured, five of whom were transported to local trauma centers to be treated for critical injuries.

After the initial concern for the injured, the question that most likely comes to mind for the drivers involved in such a collision is, “Who is responsible?” This can be a confusing question after an accident. The shock and emotion of a collision can distort a driver’s perception, cause details to seem fuzzy, and make it difficult to recall the series of events leading to the crash. A crash can leave you in a stupor that causes you to second-guess yourself and question whether you were responsible. In a multi-car collision, this can make you vulnerable to admitting responsibility even if you were not at fault.

Take the following scenario as an example. Let’s say you are driving down a highway, following the car in front of you at a reasonable distance. Suddenly, you are struck from behind by a third vehicle with enough force to cause your car to slam into the first. In the confusion of careening around the road, your dominant memory is of hitting the car in front of you. You may think that your role in the accident makes you responsible for the damage to that vehicle, but this is not necessarily the case. In an accident like the one on Highway 101, the state of California, like most states, uses a method called the chain of causation to determine fault in a multi-call collision. In a nutshell, this means that in an investigation, police trace fault for all the damage back to the driver who initiated the chain of events in the crash. Unless it is found that one of the other drivers in the collision contributed to the likelihood of an accident (for example, by following another car too closely), the one who started the chain reaction of collisions is at fault.

Because of this, it is very important that when you speak to police after a multi-car collision, you state only objective facts. Do not ever admit fault, because you may not actually be at fault, even if your car hit another. If you do admit fault, your statement becomes part of the official police report. Other drivers’ insurance companies can use this report in determining who pays for damages, and admitting fault makes you vulnerable to taking undue responsibility. It is also important to know that even if you have other citations on your record, these have no bearing on the issue of fault.

If you are in a multi-car collision and have questions about your role in the accident, or if you feel that you are wrongly accused of fault by another driver, contact an attorney who understands the nuances of motor vehicle law and can advise you of your rights.

Originally posted at InjuryBoard by Shanley Monroe

Stockton Man Killed In Head-On Collision

Chrissie Cole — Sun, 22 Feb 2009 17:22:00 GMT

A head-on collision claimed the life of a 23-year-old Stockton man Friday night, in Solano County, according to the California Highway Patrol.

Two other Stockton residents – a 17-year-old girl and her 18-year-old brother – both suffered major injuries, said CHP.

The accident happened at 7:35 p.m. on Highway 12, when a 19-year-old driver of Rio Vista was traveling east on Highway 12 east of Olsen Road when he suddenly veered into oncoming traffic.

His vehicle collided head-on with a car driven by the 23-year-old Stockton man and his passengers, the CHP said.

His car burst into flames and he suffered moderate to serious injuries. The driver from Stockton was pronounced dead at the scene. His name has not been released.

Both cars were driving at 50 to 55 mph and all occupants were wearing a seatbelt. CHP is investigating if alcohol was a factor.

Originally posted at InjuryBoard by Chrissie Cole

When Hit and Run Accidents Leave You in a Lurch

Shanley Monroe — Fri, 17 Jul 2009 13:33:37 GMT

Most people know some variation of the parable of the Good Samaritan. A man traveling on the road is beaten and left for dead by a group of bandits. Two men pass on the road without helping him, but the third, a Samaritan, stops to help the man. He takes him into town, checks him into an inn, and leaves money to cover his expenses. When people tell the story, they usually focus on the Samaritan and the two men who passed on the road. To be sure, these characters are the most important to the parable’s message. However, one has to wonder what became of the bandits on the road. Who were they? Were they ever caught? Were they brought to justice?

In a hit and run accident, the same questions apply to the runaway driver, but if you have been victimized, your questions are more than sheer curiosity. You may wonder how your expenses will be covered, how likely it is to catch the driver, and whether you will ever be able to pursue legal action against them. California has one of the highest rates of hit and run accidents at 11%. The law requires that all drivers involved in an accident immediately stop, exchange information with the other driver, and wait to answer questions when the police arrive. However, sometimes a driver will leave you by the side of the road with no information and no idea of what to do next. There are three main reasons for a driver to flee the scene of an accident. They may be unlicensed (in many cases living in the U.S. illegally), intoxicated, or uninsured. Under any of these conditions, there are some things a victim should keep in mind during an investigation.

If the driver is in the country illegally, he or she is unlicensed. This greatly increases the odds that the vehicle is unregistered. Often an illegal or unlicensed resident will purchase a car at an auction or bank-lien sale since no license is required to buy one this way. When an unlicensed driver with an unregistered car flees the scene, he or she will likely abandon the car and disappear on foot. That way, even if the car is recovered, it is untraceable.

Intoxicated or uninsured drivers are easier to track down, however this might be of little help to the injured party. Uninsured drivers do not have the ability to pay damages, and even though California law requires drivers to carry auto insurance, and the state may choose to prosecute, you will not benefit. However, you can protect yourself by purchasing Uninsured Motorist coverage from your own insurer. This insurance can help compensate you for lost wages and pain and suffering, things that your regular insurance and health coverage will not touch. (Your regular insurance should be applied to property damage.) Uninsured Motorist insurance can also apply to your passengers in an accident and usually covers you if you were struck as a pedestrian. In California, Insurance Code 11580.2 requires all automobile insurers to include Uninsured Motorist coverage in their insurance contracts unless they get a written waiver from the insured. Waiving this type of coverage is folly, because it is probably the most important part of an automobile insurance contract. In fact, you should purchase as much Uninsured Motorist coverage as you can afford.

If a driver flees because of intoxication, the odds are better that they will be found and that they could be insured. You can help by trying to get the license plate number, a description of the car, and a description of the driver who leaves the scene without giving you their information. This can be helpful to police immediately since your chances of finding the driver are highest right after the accident. You should also contact an attorney who specializes in automobile accidents and injuries as soon as possible to be advised of how to proceed throughout the process of recovering losses and hopefully proceeding against the other driver.

Originally posted at InjuryBoard by Shanley Monroe

Off the Record

Shanley Monroe — Fri, 31 Jul 2009 19:57:35 GMT

Chances are that if you watch television, you’ve seen at least one ad for an insurance company touting their folksy, people-first policies. While insurance companies are not your enemies, it is important to remember that they are businesses, and businesses must act first and foremost in their own interests, not yours. Therefore, when you have been in an accident and receive a call from an insurance adjuster or claim representative requesting that you give a statement, it is critical for you to remember that the caller's purpose is to get you to say something that may reduce amount they will have to pay to settle your claim. Be very careful about whatever statements you make, especially if they are going to be recorded.

You might wonder why a “recorded statement” is different from a regular statement. Basically, they can be used in different ways. Recorded statements are official and cannot be changed while off-the-record statements can be edited or corrected later. You should definitely give a statement containing the facts about the accident, but a company cannot make your words a matter of record without your permission. Providing helpful information to the insurance companies is different than making a standing record.

You definitely have the right to refuse to make a recorded statement if the statement is requested by a different insurance company. If an insurance company for another driver is pressuring you to make a recorded statement, you should contact a personal injury attorney who specializes in auto accidents or speak to your own insurer about it. An attorney can make sure that you provide only the necessary information to your insurer.

Once you give a recorded statement, it is impossible to change anything you have said. The record is created on the spot, with no time to prepare and often before you have seen your doctor and obtained an accurate diagnosis of your condition. If you give incomplete answers because you have forgotten some details, it is hard to include them later. It is also common that some injuries are not symptomatic until weeks or even months after an accident. If you fail to mention injuries, it looks suspicious to do so later, even if you did not know about them at first. You may unknowingly make incorrect statements that prevent you from getting the compensation you deserve. Your spontaneous statements may not be as clear as you think they are, so if your own insurer says you are obligated to make a statement, you should submit one in writing so that you can be concise and accurate. If you are careful to only share objective facts about the accident and avoid speculation about fault, your own insurance provider can use the statement to help determine the settlement. You can and must cooperate with your insurance company, but you can do this without making a recorded statement. Protect your interests by contacting an attorney if you have questions about your obligations after an accident.

Originally posted at InjuryBoard by Shanley Monroe

Safe Teen Driving Week Hopes to Cure Rise In Teenage Auto Acciedents

Marlon A. Scarlett — Tue, 21 Apr 2009 19:31:21 GMT

Parents of teenage drivers, lend me your ear, this week is offically Safe Teen Driving Week. Recent statistics show that teenage accidents on our highways have been steadily increasing since 2005. Many of these injuries can be avoid or seriously lessened.

The CDC reports that young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.²

In my own state of Florida statics show that motor vehicle crashes are the No. 1 killer of teens.
Unfortunately many of these injuries can be dramatically reduced by simple means, such as wearing your seatbelt. Updated data shows that 64% of youth 15 - 20 who die in crashes are not wearing seatbelts. Recently in upstate New York an 18 year old female was fatally injured, while the three remaining passengers were seriously injured. The driver of that vehicle was a teenage male, it is reported that no passengers wore seatbelts.

I can personally remember that as a young driver I myself did not use that life saving tool every time I stepped into my car, it just wasn’t cool. In my youth seatbelt usage was optional, it was not until my own experience in which thank God I was wearing a seat belt it saved me great pain. It was then that I discovered “hey it really does work", and cool was no longer going beltless. I have been sold ever since then.

Sadly this does not happen for all teens, many teens may not get that eye opening epiphany I had, but some will, so it is my job to encourage you and make sure your teenager does. As a parent it is very important to constantly emphasize the use of seatbelts by your teen. Unless you are persistent they will not get it so encourage them gently and learn to practice what you preach (it gives your argument more oomph) and continue to bring home the importance of wearing a seat belt. In the long run it just may save a life.

Stay Safe,

Marlon

Originally posted at InjuryBoard by Marlon A. Scarlett

Highway 49 Drivers in MotherLode Exposed to Injury

Larry Knapp — Mon, 17 Sep 2007 10:12:36 GMT

Highway 49 is the major arterial road that runs through San Andreas, Angels Camp and Sonora. Due to, among other things, the increased weekend traffic that occurs in the Mother Lode as a result of people looking to get away from the Bay Area and the Central Valley and escape to the Sierras it is not uncommon for increase exposure to injury.

This was borne out in the news this weekend when three people where injured due to the inattention of another driver. Then again on Monday morning a vehicle accident was reported on Highway 49. Ultimately, Mother Lode residents are also exposed to injury when the leave the majestic mountains to drive in the Central Valley. A Valley Springs resident was injured in Modesto on his motorcycle last week.

The people responsible for these injuries can only truly be held accountable by the civil justice system. Insurance Companies have been working for years to avoid their contractual obligations and convince the public that there is something wrong with holding the at fault driver accountable for injuries. It is up to all of us to stand up to the myths propagated by huge corporations and take action, holding at fault drivers accountable for their wrongdoings and making their insurance companies pay.

Originally posted at InjuryBoard by Larry Knapp

Wrongful Death Automobile Accident East of Stockton

Larry Knapp — Thu, 13 Sep 2007 15:58:49 GMT

The wrongful death of automobile drivers and passengers on rural roads surrounding Stockton is a common occurrence and is happening more and more often as the population in the area grows. The 19-year-old driver of a 1999 Mitsubishi Eclipse, from Fresno, unsuccessfully tried to pass a 2007 Toyota Corolla driven by a, 21-year-old woman, from Elk Grove, in the Farmington / Linden area resulting in the death of an 18-year-old man, of Lodi and sending six

people to area hospitals according to California Highway Patrol reports. The two lane roads and highways that surround Stockton like Farmington Road, Highway 26, Highway 88, Highway 4 and Highway 12 typically have 55 mph speed limits that are rarely observed. Unfortunately, some drivers are willing to take the risk of passing on these two lane roads that typically have very narrow shoulders and telephone polls that are usually very close to the edge of the road. These risk taking drivers can appropriately be held accountable by the civil justice system.

In a wrongful death situation like an automobile accident east of Stockton, it is important for those injured to get reputable, knowledgeable and effective representation. A Stockton automobile attorney or Stockton trial lawyer can make sure that all the wrongdoers who caused the injury can be made to take accountability for their actions. The families effected in this crash should have a Stockton injury lawyer who will make sure they are well cared for as a result of this tragic incident.

Originally posted at InjuryBoard by Larry Knapp

Toddler Killed in Stockton Driveway Accident

Chrissie Cole — Tue, 04 Sep 2007 21:43:47 GMT

A tragic car accident yesterday claimed the life of a one-year-old Stockton girl while she was playing in her family's driveway.

The accident occurred when the child's uncle, 36, moved his white suburban so he could wash it. As he backed out of the driveway, he felt like the vehicle hit something. He later told police he didn't see the little girl playing in the driveway.

No arrests have been made the California Highway Patrol investigates the accident further.

If you or a loved one has suffered injuries in a car accident, you can use the form on the right to contact our Stockton Personal Injury Lawyer for a free consultation.

For more information on this subject, please visit our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chrissie Cole

Car Seats Properly Installed Can Limit Car Accident Injuries

Marlon A. Scarlett — Mon, 06 Apr 2009 14:28:09 GMT

Several days ago a two year old was involved in a car accident that violently ejected them from their car seat. The driver of that vehicle was transporting two toddlers who were both said to be secure in car seats, but unfortunately one of those toddlers was not truly secure, and it was nothing short of a miracle that that child was not severely injured.

Motor vehicle crashes kill more children ages 14 and under than anything else, claiming nearly 1,800 lives and resulting in more than 274,000 injuries each year. The vast majority of those crashes occur within 25 miles of home, and more than half occur on roads with posted speed limits of 40 mph or less.

Many issues may be to blame for the ejection of the child from the car seat, but there is one in particular that you as a parent or guardian can handle yourself - the proper installation of a car seat.

Since 2001 the federal government has required that car seats come equipped with what is known as a LATCH.

A LATCH-compliant vehicle has metal "anchors," usually located on the seat back or rear bulkhead, to hold the safety seat's upper tether. It also has lower "anchor points" in the seat crack — the place where cookie crumbs usually hide — to receive the metal LATCH connectors built into the lower part of car seats.

Make sure that your car seat comes equipped with this feature. If you are using a car seat older than 2001, you may not be providing your child with the protection they deserve.

Here are a couple of dos and don'ts that you should follow.

1. Do not place children in front seat

2. Read the manual

Finally if you simply cannot get the seat in right, your local fire or police department will more than likely assist you with the proper installation of your car seat.

For further information on car seat installation and ratings check out National Highway Traffic Safety Administration .

Stay Safe,

Marlon

Originally posted at InjuryBoard by Marlon A. Scarlett

Report of Three Injured on Pershing Avenue

Larry Knapp — Thu, 20 Sep 2007 10:12:22 GMT

Stockton is a busy place and it's not unusual for motor vehicles to come in contact with each other causing injury to the occupants. Certain arterial roadways have a hirer volume of traffic and thus a higher likelihood of injury or death. Pershing Avenue and Pacific Avenue are excellent examples of these high volume arterial roadways that have a higher likelihood of car crashes. Its imperative for every Stockton driver to practice safe driving habits in order to avoid these potentially life threatening situations, particularly when attempting to cross a major roadway.

For more information on this subject matter please refer to our section on Automobile & Motorcycle Accidents.

Originally posted at InjuryBoard by Larry Knapp