According to the Traffic Safety Facts from the National Highway Traffic Safety Administration (NHTSA), 5,376 pedestrians and 818 bicyclists died in crashes with automobiles in 2015. These deaths accounted for 17.7% of the 35,092 total fatalities in the United States that year. If 5,376 pedestrian deaths occurred in 2015, it means that nearly 15 pedestrians were killed every day in pedestrian/motor vehicle crashes and is the highest number of pedestrian deaths in just one year since 1996. The NHTSA also reported that the estimated number of pedestrian injuries in accidents with motor vehicles in 2015 was 70,000 – an estimated 14.8% increase since 2006. Needless to say, being hit by a vehicle is one of the most traumatic experiences that any person can have. And in the chaotic aftermath following an auto accident, the furthest thing from your mind is a lawsuit. However, if the accident was caused by another person’s negligence and you have suffered serious injuries, it is a prudent idea to keep all your legal options open.
Couple Awarded $9 Million after a Pedestrian Accident
A jury awarded a Hampton woman and her husband $9 million as part of a verdict in a civil lawsuit over a 2014 pedestrian accident that left the woman with permanent injuries. After a two-week trial in Rockingham County Superior Court, the jury announced its verdict in favor of the couple, Chuck and Karen Weinhold. Weinhold filed the lawsuit against the state, R.S. Audley Inc. and Remo Gross-Santos, who dozed off while at the wheel while he was driving home after an all-night party just a day before graduating from high school. He struck Lisa Beaudry and Weinhold while they were strolling along Ocean Boulevard in Hampton in the year 2015. Lisa Beaudry also filed a lawsuit and went in for an out of court settlement. At the time of the crash, Gross-Santos was 17 years old and he was convicted for second-degree assault for the part he played in the accident. However, Weinhold filed suit with the claim that he was not the only person to blame for the crash. Weinhold argued that by closing down a protected walkway on the east side of Ocean Boulevard, R.S. Audley created a danger and forced pedestrians across the west side of the street which is unprotected. The change was made while construction work was being done on the sea wall at North Beach. In her lawsuit, Weinhold maintained that the state was also liable as it gave its approval to the plan. Scott Harris, her attorney, said that R.S. Audley – which put blame on Gross-Santos for the accident – and the state had without increased danger to pedestrians. The jury awarded the plaintiff $8.5 million in damages towards her medical bills, pain, and suffering. Her husband was awarded an additional $500,000 for the damages he suffered. According to Harris, R.S. Audley was responsible for 30% of the damages, the state 40%, and Gross-Santos 30%. He also said that the Weinholds suffered catastrophic harm and losses due to the crash and that Karen Weinhold suffered permanent injuries that impacted her ability to eat and swallow as a result of damage to her esophagus as well as her ability to speak.
Fault for Pedestrian Accidents
The first thing you should consider when deciding whether you should sue after having been hit by a motor vehicle is fault, i.e. who is responsible for the accident. There are important questions to ask when determining fault in pedestrian accident case, including:
Did the driver of the car that hit the pedestrian run a red light?
Was the driver speeding?
Was the driver under the influence of alcohol or drugs?
Was the pedestrian texting when wandering out into traffic?
Could the accident have been avoided by either person?
In most states, a pedestrian can only sue and recover damages from a driver when the driver was at least partially at fault for the accident. If the pedestrian was texting while literally walking into traffic and there was nothing that the driver could do to avoid crashing into them, it is unlikely that the pedestrian would have a successful lawsuit. Assuming that a person other than the pedestrian is at fault, it is possible for a pedestrian accident to be caused by more than one person. For example, one driver ran a red light and another driver, who had a green light, had to swerve to avoid crashing into the other car. However, the second driver loses control due to the sudden swerve and hits a pedestrian on the sidewalk. In this case, the pedestrian could file a lawsuit against the first driver even though their vehicle did not actually hit the pedestrian. Since the second driver might share a part of the fault for the accident as they were unable to control their vehicle after the swerve, the pedestrian might want to file a lawsuit against them as well. However, it is likely that the first driver would pay most of the damages as they were primarily at fault for the crash. If you are involved in a situation like this you need RMFW Law. We know the law in New York better than anyone and our sparkling case results are indicative of this. We know the games insurance companies like to employ and we know which legal buttons to press and when to press them. If someone hits you out there on the road or on the sidewalk, call RMFW Law as soon as you can! Call us using our number which is (800) 660-2264.
$1.5 Million Settlement from City for Pedestrian Accident
A pedestrian sustained severe injuries when a minivan struck him as it crashed in a Bridgeport intersection in 2014. He settled his lawsuit for nearly $1.5 million. Henry Cartagena’s council argued sole proximate cause, which means 100% fault, on Bridgeport’s part in securing the settlement of $1.49 million, citing reports indicating that the cause of the accident was a malfunctioning traffic light. The attorney for the city, which decided to forgo a trail, said that it was an extraordinarily complicated case that came with many different questions as to causation. He also added that the settlement was a rightful resolution and that all parties were satisfied. Now 50 years old, Cartagena suffered a traumatic brain injury (TBI), a broken jaw, a fractured skull, broken ribs, and spinal injuries when he was hit on the sidewalk and pinned against a building by a minivan that had crashed with a pickup truck in a 5-way intersection that connects Pixlee Street and Barnum Avenue. In 2016, Cartagena and his attorney, Donald Papcsy filed an amended complaint in Bridgeport Superior Court, arguing “sole direct and proximate result of a breach of the statutory duty of the defendant under C.G.S. 13a-149”. Cartagena filed a lawsuit against Bridgeport under the state’s Highway Defect Statute in which it must be proven that the defendants were aware that there was a defect before the accident occurred. Papscy said that discovery and depositions established that the traffic light had not been working properly for at least 3 days before the crash. According to witnesses, the light at Pixlee and Barnum was either malfunctioning or completely disabled – they all agreed that the signal would not turn green. Papcsy said that the Ford F-150 pickup driven by Felix Toledo crashed into the Nissan minivan driven by Mariano Nieves as a result of the malfunctioning signal. According to the lawsuit, Toledo was facing the malfunctioning light on Pixlee Street and waited about one minute before he slowly proceeded through the intersection and edged into traffic as the green light failed to blink. At the same time, Nieves had the green light as he was traveling east on Barnum Avenue through the intersection. The vehicles crashed into each other, with Nieves’ vehicle careening onto the sidewalk on Barnum and crashing into and pinning Cartagena against a building. The speed the vehicles were traveling at was not indicated in the lawsuit, but neither driver was ticketed. According to Papcsy, neither Toledo or Nieves was at fault as they both acted with reason and caution under conditions created by the city, which Cartagena’s party was able to show at mediation with the attorneys from Bridgeport and the judge. Judge Robin Wilson of New Haven Superior Court oversaw the mediation. Papcsy said that he accessed alert-system logs and codes through the discovery process and found indications that a traffic box at the intersection was opened by someone from the city two days before the accident. While it is not known who opened the traffic box, it is known that access was given to only three people. During deposition, all three said that they had no recollection of being there at that time. Papcsy said that Bridgeport did not keep adequate records of who goes where to maintain the city’s traffic lights and that anyone who went to the intersection two days before the accident could not have failed to see the defect in the traffic light. He also added that during the deposition, witnesses reported that the light had not been working at least four days before the accident. In the lawsuit, Papcsy argued that apart from ongoing medical expenses and loss of ability to work, Cartagena suffered and will continue to suffer anxiety, frustration, and mental anguish over his injuries. The lawsuit claimed both economic and non-economic damages and compensation for pain and suffering.
Various Damages that can be claimed for in a Pedestrian Accident Lawsuit
Damages in a personal injury lawsuit help compensate the injured person for all the harm they suffered as a result of an accident caused by another person’s fault or negligence. Equating money with injuries is difficult, but the system works this way: damages consist of multiple categories, including:
Past and future medical expenses
Past and future loss of income
Pain and suffering
Loss of enjoyment of life
When it comes to damages in a pedestrian accident lawsuit, the more simple categories are medical expenses and loss of income. All medical expenses resulting from an accident can be reimbursed as part of the damages in the lawsuit. Additionally, if the pedestrian missed work as a result of injuries from the accident, the driver will usually have to pay for the lost wages. The other two categories are a little more difficult to calculate. How do you calculate the value of pain and suffering or loss of enjoyment of life? This is left to the jury. The closest example would be if a pedestrian sustains a few bruises and scrapes and a backache for about one week, they would receive less than $1,000 for pain and suffering. If they suffer a broken collar bone, a broken hip, and a severe concussion that results in permanent severe pain in the neck and shoulder area and permanent headaches, pain and suffering might be worth hundreds of thousands of dollars. Loss of enjoyment, or loss of normal life, refers to the negative impact that the accident has on the pedestrian’s life. So, if they are paralyzed from the waist down due to the accident and they used to be an avid rock climber or a surfer, the damages that the pedestrian recovers would be higher than if they did not spend much time outdoors before the accident. If the injured person’s life has been dramatically changed due to the injuries sustained in the accident, keeping them from engaging in activities that they loved before the accident, they would recover a larger amount of money in damages.
RMFW Law Knows Pedestrian Accident Lawsuits Through and Through
It is vital to have the best legal counsel to handle your pedestrian accident lawsuit as there are several procedures that require the knowledge and skill that only successful and reliable personal injury attorneys have. Before taking on your case, a legal pro will evaluate your case in a free consultation to determine if you have a viable case. If you do, they will go ahead and begin the steps to file a pedestrian accident lawsuit so you can recover damages from the party at fault. If you or someone you know is grievously injured in a pedestrian accident caused by a driver’s recklessness or negligence, you should immediately seek the help of a reliable personal injury lawyer at Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at (800) 660-2264 to find a stellar legal pro to handle your case. Make sure that you protect your rights and obtain fair compensation for your injuries and other damages by filing a pedestrian accident lawsuit against the at-fault party. Your legal counselor will make sure that you are treated fairly and that you receive the compensation you are entitled to by law and no one is better in this game than RMFW Law. We have won millions of dollars for past clients you too can be on this amazing list. Call us today! If someone violated your right to a healthy and happy life they should pay and there is laws in the books that will force them to pay which can help you financially for the rest of your life.
According to the most recent statistics from the Federal Railroad Administration (FRA), there was a total of 43 train-related deaths between 2004 and 2013 involving Metro-North trains. A total of 84 deaths occurred solely on the Long Island Rail Road (LIRR) during the same period. Between 2011 and the end of 2014, there was a total of 248 deaths. Other statistics reveal that in 2013, there were about 700 registered rail fatalities in the United States. One of the most catastrophic accidents that can occur and take lives is a train accident. Every year we hear of at least one train accident that results in injuries and death, on top of this the extensive property damage is nothing to shrug your shoulders over either. In a train accident, damages are frequently in the millions, and in some major accidents, even hundreds of millions of dollars. If a railroad company is liable for an accident that caused you severe injury, or the death of a loved one, the company can be held liable for the damages or the resulting wrongful death of a family member. Personal Injury Lawsuits Start After a Train Accident in Philadelphia A man named Derrell Robbson who sustained injury due to a train accident on August 22nd, 2017 in Philadelphia has filed a lawsuit against the transportation authority of the city. Robbson claimed that he suffered a head injury and lost consciousness when a train from the Southeastern Pennsylvania Transportation Authority (SEPTA) crashed into a parked train on the Norristown High Speed Line at the 69th Street Transportation Center. The accident injured 32 other passengers as well. Robert Mongeluzzi and Tom Kline are the attorneys who filed the lawsuit on behalf of the 26-year-old Robbson and alleged that the rail was traveling very fast at a rather unsafe speed. Mongeluzzi said that no excuse could be given upon crashing into another train and that it was clearly the transportation organization, SEPTA’s failure that caused the accident, either by operator error or mechanical failure, or both. Although the National Transportation Safety Board had not yet determined the cause of the train crash, Robbson stated in his lawsuit that he witnessed the conductor of the SEPTA train rushing. His lawsuit, also claimed that two prior stops were overshot by the engineer before the accident took place and that he was speeding as he approached the station on 69th Street. According to news reports, on that fateful day, Robbson hopped onto the train near Rosemont College. The train jumped two stops along the Norristown line, which made the conductor decide on backing up the train in order to pick up people waiting to board the train. As it approached the stop on 69th Street, it smashed into a parked train that was fortunately empty. In his lawsuit, Robbson claimed that he banged his head and was knocked unconscious by the collision. He sought a minimum of $50,000 in damages. When speaking to the media, other passengers of the train corroborated Robbson’s version of events. In a news interview, a passenger, Ronnie, said that the conductor running the train was overshooting stations. He said that while he was awaiting the train at Gulph Mills, it came by and blew past the awaiting passengers by about two or three train lengths. It then halted, backed up and picked them up. The very same thing took place at the Bryn Mawr station. Raymond Woodard, another passenger, said that the train appeared to be speeding. He said that he fell asleep in the train and heard the train going “super-fast.” He looked up and saw that they were at 69th Street and thought why they were going fast. It was then that they hit the parked train. In response to a SEPTA train crash that grievously injured 3 people on February 21st, 2017, the NTSB strongly suggested that the authorities install several cameras facing inward and outward on its trains. According to the agency, cameras aimed at the conductor and the tracks would have facilitated investigators to determine the cause of the crash. SEPTA said that it made plans to install cameras on all of its subway and elevated trains by the end of 2017. The NTSB said that two onboard cameras provided video evidence of the crash on 69th Street. SEPTA also has an ATC, or Automatic Train Control, a system that is designed to prevent accidents like the one that took place at the 69th Street Transportation Center. According to The Philadelphia Inquirer, the signaling system, which costs $750 million, is designed to ensure signal stops, maintain a safe distance between trains, alert conductors to broken rails, prevent speeding and ensure the safety of railroad workers. SEPTA is reviewing its ATC system to find out if the August 22nd crash was caused by a systemic mechanical failure. Robbson’s attorneys were also the legal representatives of the Amtrak 188 crash that occurred in 2015 and killed 8 people and injured more than 800 others. They are pushing for Positive Train Control installation on all public trains. Train Accident Lawsuits Train accident lawsuits are similar to other civil claims that involve personal injury or wrongful death. One exception is that they may involve a large number of other injured parties than found in other types of personal injury lawsuits. A train accident lawsuit begins when you file a complaint with a court that holds jurisdiction over the accident. The train company and their insurance company file a response, which includes any defense they may have. During a “discovery” period, the parties involved exchange evidence, which is then followed by several hearings regarding any pretrial arguments and motions. When these motions take place, the parties debate over which points and facts that they agree upon, what evidence may or may not be admitted and several other preliminary matters. Next, a trial takes place. After the trial, a jury renders a verdict and if the railroad or train company is held liable for the accident, the amount of damages is set. Settlement negotiations may take place after a judgment is rendered because either party has the right to appeal the decision of the court. They make seek a settlement after judgment in exchange for an agreement from the other party not to pursue an appeal on the verdict. Settlement Negotiations in a Train Accident Lawsuit A large number of the claims that manifest themselves from train accidents are generally negotiated and settled out of court. In many cases, state transit authorities and train companies would prefer to avoid the negative press and exposure that can come up in the course of a lawsuit. Settlements also allow all involved parties to evade the risk and expense involved in a lawsuit. Negotiations for a settlement in a train accident case may take place before, during, or after a lawsuit is finished. Generally, settlements involve an exchange of offers in which the parties involved make proposals on the amount they think would cover the damages caused by the accident. A settlement in a lawsuit has both advantages and disadvantages. On one hand, an early settlement for a claim can help in making sure that the company has the resources to pay the amount that both parties agreed upon. However, a settlement also does away with the possibility of a jury award that could be a much higher amount than the company would otherwise agree to pay. Severely Injured Passenger in Train Derailment Files Lawsuit Against Amtrak 26-year-old Seattle resident Aaron Harris filed a lawsuit against Amtrak. He sustained severe injuries in the train derailment that occurred in Dupont, Washington. Harris suffered a traumatic brain injury (TBI) as well as multiple serious fractures when the Amtrak train, he was a passenger on, went off the tracks and derailed. He filed a lawsuit against the rail carrier in King County Superior Court. The lawsuit comes on the heels of safety measures that were increased as proposed by Amtrak after the derailment took place. However, the changes made by the carrier are too late for the recent tragedy’s many victims, like Harris. Harris was traveling to Portland from his Seattle home when the speeding train – it was running at almost 80 miles per hour in a 30 mph zone – lost control and derailed on a sharp curve before it dove off an overpass. It resulted in the death of three persons aboard and injured dozens more. The accident caused a TBI as well as fractures to his ribs and vertebrae, requiring him to spend about 10 days in the acute care and intensive care units at Harborview Medical Center. After being discharged from the hospital, Harris returned to his parents’ home and continued to receive ongoing treatment, care and monitoring for the injuries he sustained in the train accident. He was unable to return to his job as manager at a wellness center called Float Seattle, and his long-term prognosis was not clear. His attorney, said that Harris was an active sportsman as well as an outdoorsman. However, due to the catastrophic mistakes made by Amtrak, his life boiled down to struggling to overcome a traumatic brain injury. The attorney also said that the horrific nature of the accident left Harris unable to remember anything about it, but that he and his firm would make sure to help him and his family find out the exact cause of the derailment and work to ensure that such a needless tragedy does not happen again. Harris said that he was determined to understand why Amtrak did not take measures to protect the safety of its crew and passengers. Harris’ attorney also said that Amtrak has promised a number of safety changes, but it was clear that all the carrier was doing was playing catch up. He said that it has been 10 years since the company was directed to install positive train control in its trains. Amtrak has made a lot of excuses as well as empty promises. The attorney also added that the CEP of Amtrak said that he wanted to learn from tragedies like this, but the question was how many lessons it would take before Amtrak was held accountable for safety. Harris’s attorney Robert Gellatly and his law firm represented a number of individuals who were injured as passengers on the derailed Amtrak train as well in motor vehicles that were struck by the train on Interstate 5. Liability Cap in Train Accident Cases It’s vital to remember that your ability to recover damages in a train accident lawsuit may be limited in certain cases. In 1997, Congress passed a law that capped the overall liability of railroads or train companies to $200 million for passenger rail accidents. This means that accidents that are truly catastrophic may result in injuries and damages that far exceed the cap in aggregate. Since the implementation of the cap, there have been a number of train accidents that have resulted in damages that have far exceeded the cap limit. The liability cap applies to all passenger personal injury claims against high-speed commuter authorities, railroad authorities, rail carriers, operators, or states. Get a Free Evaluation for Your Train Accident Claim Railroad or train companies devote a major amount of resources to deal with train accident lawsuits filed against them though some companies do a better job at avoiding these issues but this is another topic. They, along with their insurance companies, hire committed and motivated legal pros to represent them and argue their side. This is why you should also hire a reliable and judicious personal injury attorney to represent your interests and no one is better in this game than RMFW Law. RMFW Law has won millions of dollars for past clients and you too can be on this shining list. Call them today if you have been in a train accident of any kind! You need to make sure that your rights are protected and that you obtain fair compensation for your injuries and other damages as you are legally entitled to. Having a fantastic legal counselor by your side is the best way to ensure this and that the train company does not escape from being held liable for the negligence that led to the accident. If you or a loved one has been injured in a train accident, you should immediately seek legal counsel from a fabulous and accomplished personal injury lawyer such as Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at (800) 660-2264. Our Effort is Second to None! Our legal team has years of experience in handling train accident claims. Before taking on your case, the attorney assigned to your case will evaluate your claim free of cost and determine if it is viable. Once it is determined that you have a credible claim to file a train accident lawsuit, your attorney will take the necessary steps to begin your lawsuit against the company and suitable targets and make sure that you obtain compensation for your injuries and other damages. We know this arena! We know the tactics of the other side. Do not sign any paper work with them; their offer will not cover everything that matters. How about your missed time at work? Let’s hear what you have to say. We will help you cover all aspects of where you are entitled to damages if your case is viable. Call us now!
According to the Centers for Disease Control and Prevention (CDC), 28 people die every day in motor vehicle crashes involving an alcohol-impaired driver – this means one death occurs every 51 minutes. The cost of alcohol-related crashes in the nation totals over $44 billion each year. In 2015, there were 10,265 fatalities caused by alcohol-impaired driving accidents, accounting for nearly 29% (one-third) of all traffic-related deaths in the US. The same year, approximately 1.1 million drivers were arrested for driving while they were under the influence of alcohol or drugs. This accounts for 1% of the 111 million episodes of alcohol-impaired driving that are self-reported each year among adults in the country. About 16% of motor vehicle crashes involve drugs other than alcohol – both legal and illegal. 5 People Including 4 Children Injured in Suspected DUI Crash On the 10th November, 2017 at about 10:30 pm, five people were taken to the hospital with serious injuries after escaping from a car that caught fire after a collision in Pensacola, Florida. According to a Florida Highway Patrol news release, 47-year-old Jeffrey Scott Touzet, the driver, was suspected of being under the influence of alcohol when he crashed the car. He was driving a Sonata north on Perdido Key Drive and swung into the left turn lane and then took a right immediately to enter onto Gulf Beach Highway. The car then ran off the road, crashed into a traffic control pole and caught fire. Touzet and his four passengers – children ages 7, 9, 12, and 14 – could escape the car and were taken to Sacred Heart Hospital. According to witness reports to police, in the immediate moments before the crash, Touzet was allegedly driving at a high speed rate erratically while he was passing cars on the bridge in a no-passing zone. While awaiting the results of a blood draw, charges including driving under the influence of alcohol causing serious bodily harm as well as child neglect are still pending. Two Valley Center Family Members Die in Car Crash in Austin In Austin, Texas, two of four people from Valley Center were killed in a fatal car crash on the 11th of November, 2017. Apart from causing the two fatalities, the police reported that the crash injured two others after a drunken driver allegedly slammed into their car. While on a family trip to visit Austin, Nancy Latulippe and her teenaged son Jackson, were killed in the crash. Her husband Scott Latulippe who works as a teacher at Valley Center High School, and daughter Kiera were sustained injuries. The car crash occurred at 3:30 p.m. when Guy Brastad, aged 41, lost control of his vehicle while he was driving northbound on Research Road in Austin. According to a police report on the incident, he crossed a median into the southbound lane, crashing head-on on to the fiat driven by the Latulippe family. 38-year-old Nancy Latulippe and her son were pronounced dead at the scene. Paramedics rushed her husband to Dell Seton Hospital where doctors performed surgery for life-threatening injuries. 10-year-old Kiera was treated at Dell Children’s Medical Center for non-life-threatening injuries. Brastad, the driver, too was taken to Del Seton the nearest hospital where a blood draw indicated a blood alcohol level of .203 – over two and a half times of .08 which is the legal limit. He was arrested on suspicion of two felony counts – intoxication manslaughter and intoxication assault. FAQs about Drunk Driving Accidents Here is a look at some of the most frequently asked questions about drunk driving accidents:
Does the law differentiate between people seriously injured or killed by drunk drivers as opposed to those injured or killed by a driver who is under the influence of prescription drugs or street drugs?
A: No. The law does not differentiate between driving under the influence of alcohol, prescription drugs or street drugs. This is why driving under the influence, or DUI, is used instead of drunk driving to describe the crime. Q: Is it easier to prove a case of drunk driving than a case that involves a driver under the influence of drugs?A: Yes. The relationship between driver impairment and a high blood alcohol level is well known and well established. There are far less studies on the same relationship between prescription and street drugs and most drivers and jurors do not know much about it. This is why cases involving drunk driving are easier to prove. Q: What should I do if I am in a car accident with a drunk driver?A: First of all, make sure that you cooperate with the police when they arrive at the accident scene. Try to get as much information as you can about the driver from the police – his or her identity, address and the name of his or her insurance company. You should also visit a competent doctor to get yourself checked and get an early assessment of the injuries you sustained due to the accident. Q: Who can file a lawsuit in a drunk driving accident case?A: Generally speaking, anyone who has been injured has the right to bring a claim against the drunk driver for injuries that they sustained in the car accident. Additionally, in the event that someone died due to a drunk driving accident, his or her next of kin and heirs can file a claim against the drunk driver. Q: Will it be necessary to get expert testimony to establish that the other driver was under the influence?A: You will probably need expert testimony. In most cases, you will have to call at least a toxicologist to testify at trial to establish the level of alcohol and/or drugs in the body of a person. Additionally, you may also need to call a human factors expert to testify to the relationship between the driver impairment and the blood alcohol or drug level. Q: What are the damages I can recover in a personal injury case stemming from a drunk driving accident?A: Apart from standard compensatory damages that cover medical bills, lost income, pain and suffering and disability, it is possible to claim for punitive damages against a driver found to be driving a vehicle while under the influence. You should talk to your attorney about the laws in your state pertaining to punitive damages. Q: Is it a must to hire a personal injury attorney in a drunk driving accident case?A: Yes. While you might think that you can handle your own personal injury case, the truth is that you cannot. The entire process of filing a personal injury claim or lawsuit against a drunk driver is long and complex. It becomes even more so when insurance companies get involved. You need a knowledgeable and experienced professional to handle every step of the process to make sure that you have a successful case and that you obtain the compensation you deserve. Now, that we have gone through a couple of frequently asked questions on claims against impaired driving accidents, let us take you through a few dos and don’ts you must bear in mind when you find yourself arrested for DUI. In the year 2015 alone, over 1.1 million drivers were arrested for driving under the influence of either narcotics or alcohol. This equals to about one DUI arrest for every 100 plus licensed drivers in the United States. The statistic is even more sobering when you consider 10,265 people died in alcohol impaired driving crashes. This accounts to about one third or 29% of traffic related deaths in the US. Chances are, most of us know someone who has either been injured or killed in an alcohol related crash or been arrested themselves for drunk driving. By educating yourself, you will be well prepared as to how to file a lawsuit should you find yourself or someone you know in a similar situation. DOS AND DON’TS OF DUI s AND DWIS Getting a DUI can be a scary experience. So, you got arrested and also lost your license and may perhaps lose your job too. What must you do in such a situation? The very first thing you must do is to read this list of Do's and Don’ts, as they are based on the most common errors people make in haste after getting a DUI. The second thing you must do is to contact an expert DUI attorney who serves your neighborhood, Now, take a deep breath and fill yourself in one some information on what you must do after you get a DUI. DON’T Attempt to Handle Your Case On Your Own The prosecutor you hire is an expert at what he does. Unless you are yourself an expert at defending DUI victims, you cannot fight this alone. No matter how many websites you read or how many ever lawyer buddies you talk to, you will need a judicious legal professional to help you get you out of the unfortunate situation you are muddled in. DO Show Up For Your Court Hearing Just your attorney showing up to court will not suffice. You too are required to be present for every scheduled court date. If you do not turn up on the mentioned date, a warrant could be put up for your arrest. This means the next time you are pulled over for even a minor violation, you may be taken straight to jail and your DUI sentencing will not be lightened due to an additional violation and arrest. DON’T Talk to Anyone Else About Your Situation Your attorney is the only person you should be discussing details regarding the accident and case with. The attorney is sworn by secrecy and anything you tell him will not be held against you. Therefore, you must share the minutest details with your attorney and refrain from discussing any detail small or big with a police officer, co-worker or even a friend. This can be used against you in court. DO Try and Contest Your Driver’s License Confiscation In most U.S stated, you have about two weeks to contest a confiscation of your driver’s license. If you happen to miss that window, it can get very hard to reclaim your license. Apart from contesting the confiscation, you may also apply for a temporary license so that you can travel to work legally. DON’T Hire an Attorney Based Solely on His or Her Fees Unlike what many assume, a DUI case against you can adversely affect your life for a very long time. It therefore becomes prudent that your case is handled well, so as to help you get out unscathed. When you hire a cheap attorney, you will get what you pay for – not much. Most states have unlimited funds to prosecute those charged with a DUI. This means, you need a righteous and dependable legal counselor who can help you get out of the situation you are in. Take a DUI Arrest Seriously While this may seem like a no brainer, a DUI conviction is not a small matter and you must not take it lightly. A DUI conviction is bound to appear on any background checks conducted for the rest of your life. That is not all. Any subsequent DUI charges may result in harsher penalties. It may also lead to a hike in insurance premiums, court costs and fines, drug tests, and probation fees. RMFW Law Can Change Your Situation For The Better If you or somebody you know has been grievously injured in a car accident involving a drunk driver, you should immediately consult an astute and tremendous personal injury lawyer which can be found at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law (800) 660-2264. RMFW Law will review your case in depth and advise you on the legal options you have. If your case is viable, we will build a fantastic case and prepare to attack the other side on the merits of the law. We know how to win inside and outside of court. You can file a personal injury claim against the drunk driver and recover fair compensation for your injuries and other damages. So, do not waste time. Whether you have been in an accident yourself or caused an accident while driving under the influence of alcohol, you will need the guidance of a golden personal injury or DUI attorney to help you claim the appropriate amount of compensation or get out of this situation you are mired in. Call RMFW Law now! We have won millions of dollars for past clients, you too can be on this amazing list.
A majority of civil litigation in the United States is made up of personal injury lawsuits. Some common causes of personal injuries include traffic accidents, dog bites, construction accidents, dog bites, swimming pool accidents, slip and fall, defective products, fires and burns and medical malpractice.
According to the National Highway Traffic Safety Administration (NHTSA), 6 million auto collisions occur each year in the US – an average of about 1 car accident per 10 seconds. About 40,000 deaths are also caused by car accidents. Tips to Settle Personal Injury Claims Although some people say that it is difficult to settle after making a personal injury claim, there are certain tips that you can follow to make the process easier and less stressful, including the following:
Understand the circumstances for making a claim: Firstly, it is important to remember that one personal injury policy can differ to another. Before experiencing any type of accident that leads to personal injury, you should understand the circumstances in which you can make a claim against the other party. This can help you prepare yourself an avoid taking unnecessary actions.
Visit authorities and doctor immediately: If you have been in an accident, the first thing you should do is seek medical attention. Make sure that you get the medical report. You should also report the accident to the police or other authorities like your employer (if it is a workplace accident). You should also make it a point to get a copy of the police report.
Collect evidence: It is important to gather as much evidence as possible at the scene of the accident. Be sure to take photographs of the accident scene as well as your injuries. Record the time of the incident. You should also collect the personal details of witnesses at the scene of the accident.
Calculate the claim amount by 2 or 3 times: When you make a personal injury claim, apart from medical bills, property damage, etc., you should make it a point to also calculate the non-financial losses you experienced due to the accident, such as pain and suffering, emotional distress, etc. a smart way to do this is to calculate the compensation by increasing by 2 or 3 times.
Act slowly and responsibly: Always keep in mind that your claim will be investigated by the insurance company. It is important not to rush the process. On top of this, you should answer all questions and act wisely to show that you are a responsible individual. In most cases, the claims made by responsible people are more highly considered than those made by impatient or obnoxious ones. You get more bees with honey is applicable here.
No Law Firm Knows Personal Injury Claims Like Us If you or a loved one has been injured due to another person’s negligence or carelessness, you should seek the help of a stellar personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at (800) 660-2264. One of our lawyers can guide you on how to file a claim properly and make sure that your rights are protected. With the help of a legal counselor from our firm, you can make sure that you obtain fair compensation for damages resulting from the accident. We are only paid if you are paid. We know how to defeat the other side in a variety of ways and we know how to build a case that is resolute and formidable. There is no guarantees in this field but we will work hard for you and we only take cases that we feel have merit. Call us today! What is your side of the story? What really happened!? RMFW Law is here for you!