Accident Attorney’s Tips on Speeding Tickets: What You Should Know to Stay Away from Trouble

So, like most of us, you were driving in a hurry, and as a result, you got ticketed for speeding. What do you do first? Any specialized accidents attorney will tell you that your defense should depend on the nature of the speed limit. Below are a few things to keep in mind, when deciding to fight a speeding ticket in court.

As a legal constant, all US states currently use three basic speed limit types. These are known as basic, presumed and absolute.

–          The most straightforward of these is the absolute speed limit. If a road sign says 50 mph is the limit and you are caught driving 51mph, this means you have broken the law. It is generally tough, sometimes impossible to fight these absolute speed limit violations. A reputable attorney might find a few ways to help you in this respect, though. A line of defense may include claiming you were forced by an emergency situation to exceed the given speed limit. Another one may include attacking the way in which the police have determined your speed.  A very good lawyer may even attack such a violation claiming that police officers have mistakenly identified your car.

–          The presumed speed limit involves the idea that you may have driven at an unsafe speed. This is theoretically easier to beat and includes certain specialized lines of defense. You should know that, overall, you might have a good chance of winning, if your attorney can prove you were only slightly over the limit and weather and traffic conditions were allowing it. You or a specialized attorney’s aid will have to go back to the scene and take photos at the same time and day of the week you were cited. Also, take a photo from the driver’s viewpoint. It’s obviously to your benefit if you can establish the road was straight, with good visibility.

–          Basic speed law prohibits driving at an unsafe speed, even if that speed is below limit. In all US states, tickets for driving under the speed limit, but too fast to be safe, are often referred to as “driving too fast for conditions.” For example, driving exactly at the 65 mph posted limit on the freeway would not be smart amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. The basic difference between fighting a normal  absolute speed limit ticket and a basic one is that the prosecution will have the burden to prove that you were driving in an unsafe manner. This can be difficult to prove, in normal circumstances and if your car was not involved in a traffic incident at that time.

No matter what law of defense you may choose after you decide to fight a speeding ticket, you should know that your chances of winning increase, if you use specialized help. A seasoned accidents attorney with relevant experience in the field will work wonders on your case.

What Is Distracted Driving and How an Accident Attorney Can Help

Everyone loves to think it could never happen to them. People watch the PSAs, they may even hear live lectures about it, but they still leave thinking it’s “other people’s” problem. Some might even think the issue is so amusing they can’t help but text their friends about it– while they’re behind the wheel. Next thing they know, the very issue they mocked suddenly becomes their own downfall.

Distracted Driving: How Dangerous Is It?

Distracted driving is a rapidly growing problem in the United States. Modern technology has escalated this issue by making quick communication so convenient that many people, especially teenagers and those in their 20s, have practically become addicted to it. Talking on the phone or texting while driving is not only dangerous, but illegal in most areas. Operating a vehicle requires complete visual and mental attention, and even a diversion for a second can cause serious accidents.

Technology is not the only cause of distracted driving. People have also been involved in collisions from eating, drinking, grooming, adjusting the radio, or even talking to passengers in the car. Those who decide to “multitask” in this way need to be extremely cautious in doing so. In the United States, more than 1,100 people are injured in car crashes involving a distracted driver every day.

If You Become a Victim

If you are involved in a car accident you believe was caused by a distracted driver, the best thing to do is contact an accident attorney as soon as possible. Many attorneys work with a team of investigators to learn the truth about what happened. They will collect all information and work closely with you to determine the best legal approach to take.

An accident attorney will figure out the liability involved in the incident and make sure you are adequately represented. By thoroughly examining the story behind you and all involved drivers, a solid legal team will prevent you from being compensated insufficiently. Car insurance companies go to great lengths to avoid paying massive fees on behalf of their customers. The accident attorney you hire must be aggressive and experienced to counteract these actions.

Cracking Down On Negligence

Many states are working on ways to enforce stricter penalties for distracted drivers. In Utah, a fatal car crash caused by a texting driver is treated the same way as one caused by a drunk driver, with penalties being up to 15 years in prison. In Maryland, the planned enactment of “Jake’s Law,” named after a young victim of a distracted driver, would raise the penalties of such a collision to three years in prison, a $5,000 fine, and a suspended license. An experienced accident attorney will not only fight to enforce these state laws onto those responsible, but also make sure you are covered for your medical bills, pain and suffering, and the time spent missing work. You’ve been through enough, let your counsel take it from here.

 

by Ali Golchin

Being Involved in an Auto Accident with Children

by Ali Golchin

Since children under 18 years of age are not treated the same as adults in the eyes of law, any legal matter involving them can get tricky. If you have a child that was injured in a car accident, either as a pedestrian or as a passenger, it is important to know what steps you can take to claim compensation. Children are just as entitled as adults are to compensation when they are injured automobile accidents. By hiring an auto accident attorney, you can be sure that your child recovers the damages that they deserve.

Making a Claim on Behalf of the Child

It may seem strange to try and file an auto accident claim for your child who is under 18 years of age, but as their parent, it is your choice. Your child is not able to file a claim for themselves and if they were injured in the accident, you need to be able to pay for their medical needs and anything else that may come up because of the accident. An auto accident attorney can help you through the process so that you know what is required and how to file the claim.

Once your child turns 18, they can file claims on their own for any automobile accidents. If you started the claim for your child before they turned 18 years of age, the child should take responsibility for the claim once they are of age. Furthermore, if you decide not to file a claim for an auto accident for your teenage child, they can file one themselves once they are 18.

If your child suffered serious injuries and are not medically capable of dealing with their own claim, they will not be responsible for it once they turn 18.

The Litigation Friend

You are considered your child’s litigation friend when you file a claim on their behalf. This title is given to you in any documentation to keep the claim clear and easy to understand. It is important to note that the litigation friend is independent of the claim, so if you are to blame for the accident, you may not file a claim for your child. In this situation, the other parent or any close relative can file the claim on your child’s behalf. Your insurance will have to pay out to your child along with the other party if they are at fault.

If the claim is won, the litigation friend doesn’t receive any compensation. The money is put into a trust for the child and is only accessible with permission from the court until the child is 18 years of age.

If your child is involved in an auto accident, things can get complicated without the help of an auto accident attorney who is familiar with automobile accidents involving children.

Accident Attorney Tips: Determining Who Is at Fault in an Auto Incident

In case you use any means of transportation other than public transportation, inevitably you will have to deal with some situations involving accidents. In moments like that you might wonder what determines who is at fault in a car, truck, motorcycle, or bicycle accident. Generally speaking, the faulty party is considered to be the driver who didn’t obey the rules and the law.

The rules for vehicle accidents

In case of the vehicle accidents there is a set of rules which tell people how they are supposed to drive. These rules also provide ways to measure liability. In order for someone to get their driver’s license, they have to pass a test based on these rules. The complete set of rules can be found in the state’s vehicle code. While some might think that these rules only apply to cars, there are also rules for motorcycles, bikes and pedestrians.

Different situations might raise different questions

In some cases it is very clear who the faulty party is. For instance if a driver runs a red light and crashes into another car, it is clear that it was their fault. However, in other cases the violation of the rules might not be that clear. It is common for accidents to happen when cars need to merge into one single line. The cases of this kind are governed by the negligence law.

Although negligence doesn’t have a very specific definition, a negligent person is considered to be someone who acts carelessly or thoughtlessly. If a pedestrian, cyclist or driver causes an accident because of their negligence, they can at least partially be found at fault.

How to prove negligence

In order for someone to prove the negligence of another person, there are three aspects they will have to think about:

  1. The person in question is required by the law to act carefully in that given situation (this is a given fact since all drivers have to be cautious at all times)
  2. The driver (biker or pedestrian) wasn’t careful
  3. The driver’s action caused damage or injury to another person

Police reports

In case you are asking what determines who is at fault in a car, truck, motorcycle, or bicycle accident, it is good to know that these are the documents that determine the fault of a person. If the police arrived to the accident, there is a good chance you could get the report from the police. In many cases the report includes who caused the accident. If it doesn’t mention who violated the regulations, at least it contains what happened from the police officer’s point of view.

In the majority of the cases it isn’t difficult to determine who the faulty party is and they will be held liable for their actions.

Auto Accidents Lawyer’s Tips on Bike Collisions With Cars

More and more auto accidents happen at intersections, and as recent statistics show, these are the result of collisions between cars and bikes. If you have been the victim of such a collision, you should know what liability is actually involved in such incidents.

 When is a cyclist at risk of colliding with a car?

If you have been riding a bike in the city, you know that only a small portion of a cyclist’s travel route includes intersections. Recent statistics show that basically a little over 10 percent of bicycle accidents involve a collision with a car; but of these, 45% take place in intersections.  Also, the majority of bicycle accidents -involve only the cyclist, who loses control of the bike and crashes.

Why is an intersection a dangerous place for a cyclist?

Vehicles often underestimate the speed of a bike and this is one of the most important reasons. Also, cars often don’t expect bikes to be on the road so car drivers aren’t watching for bikes, increasing the danger of auto accidents happening.

Visibility is another matter. Even if cars are on the lookout for bikes, they sometimes just don’t see them because bikes are smaller and can blend into the background.

What can a cyclist do to avoid collisions at intersections?

There are ways to minimize the risk of being hit by a car. First of all, a good cyclist would need to make everything in their power to maximize their visibility, understand the rules of the road, learn to recognize some of the most dangerous intersection hazards, and take safety precautions when approaching and riding through an intersection. Increasing the visibility of the bike and cyclist  is done by using front and rear lamps, reflective clothing, and brightly colored clothing. Also, cyclists are legally required to be on the lookout and to learn how to execute emergency maneuvers in order to avoid collision.

What are the legal liability provisions in car collisions?

It is not always easy to determine who the guilty party in such an incident is. However,  cyclists who don’t follow road rules or don’t keep a proper lookout might be deemed responsible for an accident.  In order to avoid liability for an accident after being hit by a car, cyclists must understand both the basic legal rules of liability and the rules of the road.

Legally speaking, in nearly every state a bicycle is considered to be a “vehicle” and therefore, just like motorists, cyclists must follow the rules of the road. The first and most logical thing in what regards liability is that it usually boils down to who had the right-of-way: the bike or the vehicle.

There are many legal considerations that come into play depending  in such traffic incident, and many depend on the type of intersection and overall traffic incidents. This is why, if you have been involved in an auto accident involving a vehicle collision, the first logical step would be to contact a specialized attorney who can help with your liability case.

Accidents Attorney Tips: How to Act if You Have Been Charged with a DUI

Have you been arrested on a DUI or DWI charge? There are many steps to take in this case, but the first and the most important involves hiring a competent auto accidents attorney. Don’t make the mistake of thinking that you can represent yourself. There are a few things to keep in mind, read on to find out how it is best to go about such a charge.

Will you be arraigned for a DUI?

As your accidents attorney will explain, this does a formal arraignment procedure in court. At your arraignment, you will be asked to plead to the charge, either guilty or not guilty. Having an attorney represent you at arraignment is more than necessary. At this stage, you are only entering a plea, and you can plead not guilty. In most states you can also insist on a jury trial. If you’re charged with having prior under-the-influence convictions, you should deny these convictions so that you or your attorney can challenge their validity later.

What happens after you make bail?

There are many alternatives here but the most common include simply pleading guilty as charged, trying to plea bargain down to a reduced charge like reckless driving , asking for a trial before a judge. Generally, the more likely a jury is to find you guilty of driving under the influence (DUI), the more you will want to plea bargain or negotiate a settlement with the prosecutor. One of the most important factors is your blood alcohol level. If higher than .12 %, chances of winning in trial are actually low. All an attorney can do is attempt to shed doubt on the validity of the test results so that the jury either entirely disbelieves them or thinks that, after adjusting for possible errors in your favor, your blood alcohol level might have been lower.

You have more chances of winning if your blood alcohol level is under .11%. Your chances will depend largely on the type of testimony your lawyer can elicit from anyone who was with you either before or while you were driving.

A well seasoned accidents attorney should be able to cross-examine the prosecutor’s expert witnesses to show that the likelihood of one’s driving ability being affected at a blood alcohol level of less than 0.08% is small. Naturally, the farther below 0.08% your blood alcohol was, the better your chances are of being acquitted are.

Should you go for a plea bargain?

This is a process where the defendant and the prosecutor reach a compromise. Plea bargains in DUI situations, however, are no longer as common.

Whether you’d prefer to plea bargain or take your case to trial, think about getting an attorney to represent you. If you cannot afford to pay for a specialized attorney’s full services, you can choose the option of hiring legal help for the limited purpose of fully explaining your options to you or working out a plea bargain with the prosecutor.

Auto Accidents Involving Mopeds: A Few Useful Tips

If you or someone in your family has been involved in an auto accident involving a moped or scooter, there are some things to keep in mind. The below accidents attorney tips will help.

How do moped accidents happen?

It is true, a scooter or moped may be a very simple, cost- effective and rather efficient way of getting around, many families in urban areas use them. However, on the road, mopeds can be very difficult to see, especially under difficult weather conditions or where the driver is distracted. Another thing that doesn’t really help is that mopeds, unlike motorcycles, are very quiet and will not be heard coming. If a driver is completely unaware that a scooter or moped is occupying the space they wish to be in, it could result in a serious auto incident. Also, it is safe to assume the person suffering most injuries will be the moped driver.

So, to sum this up, a few common causes for scooter incidents include:

1-      Failure of drivers to see the moped on the road

2-      Distance or speed have been misjudged

3-      Bad weather

4-      Distracted drivers on the road

5-      Excessive speeding

A lot of moped accidents tend to be serious due to the unprotected and exposed nature of the rider. Even if the scooter or moped rider follows the letter of the law to the tee, wears a helmet, signals appropriately and adorns their moped or scooter with the appropriate lights and reflectors, it still doesn’t guarantee they won’t be involved in a scooter accident or moped accident.

How are damages calculated?

If you or a loved one has been injured in a scooter or moped accident involving another vehicle, they may be entitled to recovery for damages and injuries. To see if you have a good case in a scooter accident, contact an experienced auto accident lawyer who is familiar with scooter accidents and injuries.

What are the steps you need to take if you have been involve in a moped incident?

As any expert accidents attorney will tell you, the first step is seek medical attention for your or the other person’s injuries. Don’t let any time lapse between the accident and the medical treatment, as that is very important for legal purposes.

Make sure not to disclose any information to the insurance company other than to mention that there has been an accident. Do not mention any circumstances or don’t even think of making assumption as to who is at fault.

Contact a qualified lawyer ASAP. Preferably someone with experience in dealing with auto accidents.  They will help you handle the confusion and overwhelming amount of legwork involved in a scooter accident case, and if there is compensation available to you, they should be able to spot it and obtain it for you.

Auto Accidents Tips: What Steps to Take When Reporting a Car Incident

Accidents happen every day, and while you may think this can never happen to you, one day may come when you will be involved in a traffic incident. There are a few things to keep in mind, even in the rush of the moment. One of them is who do you notify regarding the accident? The below tips will give you a few hints.

It all depends on how serious the traffic incident is. Generally, however, if you get into an auto accident, there are three entities that you might need to report  it to: your insurance company, the police and the local Department for Motor Vehicles. And while you are at it, notify your certified auto accidents attorney.

Should I call the police immediately?

Usually, the call to the police must go from the accident scene. In many US states, the law requires the police to be informed, especially when a traffic incident causes either property damage  (in excess of $500) or personal injury. This is why it is best to never take a chance with these issues. Especially if you, or someone else involved in the auto accident seems injured, call the police as soon as possible. If you notice visible damage to your car, or other car involved, call the police as well.

When the police come, they will ask you what happened. You will undoubtedly have some time to wait before the police arrive. Make sure to use that time to review in your own mind how you believe the accident happened.  Try and answer in an accurate and honest way, when a police officer will answer your questions.

What is my next step?

The next step would be to report the accident to your insurance company immediately. If you cannot do it asap, try to be no later than 24 hours. You may lose money on this, as every insurance policy has a requirement that the insured needs to cooperate with the insurer and report any incident.

Don’t take a chance on this and it is best not to wait.  If you get into a car accident, call your insurance company that day — or the next day — at the latest and tell them exactly what happened.

Another important requirement is honesty. If you will falsely report the facts, your insurer could deny coverage for the accident. Depending on the severity of the incident, your insurance company might want to take its own pictures of your car. Keep your insurance company informed about when you are getting your car fixed so that it can take pictures of your car if it wants to.

Should I file a report with a state agency?

Several US states require that the report be filed with the state Department of Motor Vehicles; other states require that the report be filed with the local police department, or with the police department and the Department of Motor Vehicles. If you are not sure on your particular local circumstances, it is best to ask your accidents attorney and they will tell you what to do.

The report usually has to be filed within a short period of time, generally ten days or two weeks. If you cannot figure out whether your state’s law requires you to file an accident report, you should ask your insurance company or inquire at your local police station. You can most likely get a copy of the report form at your local police station or online at your Department of Motor Vehicles website.

Auto Accidents Tips: What Is a Deposition?

Whether you are a party in an auto accident claim or just a witness, you should know what exactly to expect from your deposition in court. Below are a few important tips

What kind of a trial is one involving a car accident?

Any accidents attorney will tell you this is considered a civil suit. While the rules governing lawsuits vary from state to state, civil actions generally follow the same format. There will be three distinct stages involved:

–          1. Law suit commencement procedures. Generally, the Plaintiff begins a lawsuit by filing a “petition” or “complaint” in court. The Defendant will answer the lawsuit by also filing documents with the court.

–          2. Discovery. This is also known the lengthiest phase of a lawsuit based on auto accidents. The purpose of discovery is to allow both sides to exchange information and documentation about their respective claims and defenses. What will it consist of?  First of all, it will be based on the exchange of written documentation, from medical records, medical bills to witness statements, police reports, and photographs of the accident scene. Also as part of the discovery are interrogatories, written questions sent from one party to another.

–          3. The Deposition.  This is another legal method to obtain information relevant to a car accident case. In a deposition,  a party’s legal representative will ask questions of another person who has information that is pertinent to something having to do with the car accident.

Who can be involved in depositions?

A wide group of people involved in an accident may be involved- from the cars’ drivers, to passengers in those cars, various witnesses, medical experts who provided treatments, police officers who worked on a case. There really is no limit to the types of persons who can be deposed as part of a car accident lawsuit. Typically, the only requirement is that the deponent possesses information related to the lawsuit.

Other tips about depositions

Generally, a deposition can be conducted anywhere, but most court rules require that it should be held at a location reasonably close to where the witness resides. Typically, this will occur in the office of one of the attorneys involved in the lawsuit.

A handful o people will attend a deposition. This restricted group of people includes the attorney who is requesting the deposition, the witness and their attorney, other legal reps in the lawsuit and a court appointed reporter. The latter is a very important part in the entire process. This is because testimony is usually done under oath and it needs to be officially recorded.

Giving testimony under oath means that if the witness is later found to have given knowingly false testimony, they can be subject to criminal penalties.

What kind of questions will be asked?

Once the deposition process starts, the witness will be asked basic questions about their connection to the lawsuit, following specific questions about the incident itself. Generally, the investigating attorney will want to know what the witness observed as the car accident occurred. If the witness is a medical expert, the questions will be related to the prognosis for recovery from the injuries. Sometimes the parties may wish to depose the investigating law enforcement officer, who can provide more detail about the officer’s observations while at the accident scene.

Consejos en su Caso de Negligencia Médica: Reunión con un Abogado Especializado

Este artículo observa varias maneras en que usted puede sacar el máximo de su primera reunión uno a uno en su caso de negligencia médica. Dichos casos normalmente son difíciles y las circunstancias son muy diferentes de una situación a otra; así pues, el primer consejo es: asegúrese de que tiene todo lo que ha ocurrido bien documentado.

No tenga miedo de compartir todos los detalles con su abogado de accidentes especializado. Prepárese para hablar mucho. Cualquier caso legal debe basarse en los hechos, y los casos de negligencia médica no son ninguna excepción. Usted necesita estar preparado de antemano para poder darle a su abogado todos los hechos que le ayudarán a decidir si su caso puede ganar un juicio. Aquí tiene algunas cosas que pude hacer:

 

Apunte en una lista todos los prestadores de servicios médicos a los que ha pedido tratamiento para su condición

Usted debe haber visto muchos prestadores de servicios médicos, doctores, hospitales y diferentes tipos de terapeutas y centros de diagnosis. Un abogado de negligencia médica necesitará los informes de cada prestador de servicios médicos que usted haya visitado para esa condición. La mejor manera de ayudar al abogado con esta tarea es haciendo una lista de todos los que haya visitado.

 

Haga un resumen de su tratamientos médicos importantes e historial médico

Usted debería poder resumir los puntos principales de su tratamiento en un par de páginas. Céntrese en cuándo se presentó su condición por primera vez, quién le visitó por esa condición, qué ocurrió, qué piensa que el médico en cuestión hizo mal y quién le visitó para curarle.

Preparar una hojita con los datos le ayudará a mantener su tratamiento claro cuando responda las preguntas del abogado en cuestión sobre qué ocurrió.

Debe llevar todos los documentos y correspondencia perteneciente al caso a la reunión

Si se pregunta qué documentos son importantes en los casos de negligencia médica, tenga en cuenta la siguiente lista:

– Cualquier informe médico y cartas de médicos.

– Facturas médicas.

– Fotografías de su condición.

– Los detalles de contacto de su seguro médico.

– Prueba de pérdidas materiales y pérdida de ganancias.

Su abogado puede obtener esta información con su investigación, pero si tiene estos documentos, evitará que tenga que buscar información y documentos que usted ya tiene.

Escriba una lista de preguntas para su abogado, le será de ayuda

Algunas de las cosas que le interesan saber relacionadas con su caso de negligencia incluyen:

¿Cuántos casos de negligencia médica ha llevado su abogado? ¿Está especializado en negligencia médica? ¿Cuánto tiempo ha estado el abogado de accidentes llevando casos de negligencia médica? ¿Cuáles son los veredictos en los casos de negligencia médica? ¿Cuánto tiempo le costará prepararse para presentar la demanda? ¿Cuáles son las probabilidades de resolver el caso?

Usted debe tener una idea de qué tipo de abogado está buscando cuando vaya a hablar con un abogado especializado sobre su caso de negligencia médica.