Abraham Blitzer Law

Car Accident and Personal Injury Blog

How To Properly Deal With a Rush Hour Auto Accident Scenario

rush-hour-accidentDriving through morning rush hour traffic can be a frustrating drive if you live in a big city. It is a constant battle of stop and go, merging lanes and long lines of speeding traffic that you need to navigate. One of the most harrowing times of day due to the fact everybody is up and moving in a rush usually into the downtown area all at the same time. A crash can happen so easy at this time of day and is very common, you really are not surprised when another driver merges into your lane not seeing and hits you, sending you up the curb and into a bus bench. Steam is rolling from under your car hood and you have two bent rims and flat front tires. The only place your car is going now is to the mechanics shop for an insurance estimate.


How Do You Get to Work Now?

Okay, so you have called the police to make a statement and exchanged insurance information with the driver and contacted your boss to let them know you are going to be late. You even had to send the grumpy old guy a picture of the crash just so he would believe you. Your next call should be to a car accident lawyer to help you get a handle on your case and provide you with valuable information and tips for procedures you should follow directly after an accident.

The lawyer will recommend that your first course of action is to visit a doctor once you are able to leave the crash site. Even if you are not feeling injured you can take a ride to the ER and do not need an ambulance which can be very expensive though most likely covered under your claim. If the officer on the scene has already dispatched for an ambulance, feel free to take the ride just for safety measures instead of a cab and your attorney will most likely meet you at the hospital.

Follow all the guidelines and tips presented by your attorney. Get x-rays and follow the doctor’s orders. You may feel fine now but the next day will be a whole new story. After a crash the adrenaline is really pumping and you cannot really feel minor injuries or notice pain until you relax and calm down. Once you are released by the doctor, your attorney will provide a rental car for you and documentation for your employer. If the attending physician has referred that you take the day off, then make sure that you receive documentation for this as well for your employer and attorney. Any work related absences need to be recorded for submission to track lost wages which will be included in your claim with medical and mechanic bills.

Your Car Accident Attorney Will be Your Best Friend

You will quickly make a bond with your attorney as soon as you see how hard they will work for you and how easily they handle all your paperwork, phone calls and help you with daily needs like providing a rental car. It can be such a hassle when you experience a car wreck or suffer injuries from a crash. No crash is too small for an attorney to handle and to help guide you through all the procedures and paperwork filings when you have a claim. They will speak directly with insurance companies and court officials, acquiring all necessary documents making your claim go smoothly and they will fight for your rights to ensure you are compensated fully.

Distracted Driving And Auto Accidents : A Rising Concern

distracted-drivingDistracted driving and auto accidents are unfortunately two things that are frequently linked together. Due to the huge numbers of distractions that drivers now face, far too often people fail to pay full attention while driving and instead focus on less important things. From playing with a radio, to being distracted by a cell phone, the wide number of ways that drivers now allow their attention to drift is truly frightening. If you stop to think about how dangerous a moving vehicle is, then it should be more than clear that while operating one it deserves your full respect and attention. A metal vehicle moving at even a few miles per hour can be extremely dangerous, for a car traveling at high speeds it can be deadly. If you have been the victim of a distracted driver then you know fully well just how dangerous they can be. Fortunately as technology and distractions have increased, so to have laws regarding distracted drivers. Depending upon where you live, chances are pretty good that you have a legal right to damages if you were hit by a distracted driver because of contributory negligence.

Unfortunately distracted driving and auto accidents are now known to go together about as well as drinking and driving. One of the main sources of distractions for drivers today is their cell phone. If you are driving your car and you get a text message the responsible thing to do is to either read it later, or to pull over to check it. Unfortunately this is rarely what happens. In the few seconds that it takes to read a text the potential for disaster is enormous when you are traveling at high speeds in a car. If you are the victim of a car accident caused by a distracted driver then you have every right to explore legal avenues to get the compensation that you deserve.

The truth is that when someone is driving they have no business playing with their cell phone or engaging in any other potentially dangerous types of behavior. If they can’t drive responsibly, and now you have suffered an injury, or damages to your vehicle, then you should contact an attorney. Don’t let someone else’s carelessness to have a negative impact upon your life. Distracted driving and auto accidents are becoming more and more common, by taking legal action you can protect your rights and hopefully teach a distracted driver the error of their ways.

Contributory Negligence: What Happens If the Victim is also at Fault?

negligence-accidentBeing involved in an accident is quite scary and no person will ever want to think of going through it. If you have suffered injuries because of someone else negligence, its natural that you sue and obtain compensation for the mental anguish, physical suffering and costs which you have spend in getting treated for injuries. Write things down immediately after the accident as this will help you remember more. Take photos using your phone or camera and take the name, physical and telephone contacts of witnesses if available. If it is a road mishap and police arrives at the scene before you get evacuated, it may help taking the name of the police officer and his or her phone number and station attached to. Seek medical attention quickly, especially if you have suffered serious injuries.

But, while one person is normally held responsible for the accident, this scenario tends to change. What if one of the accident victims was also at fault? If this happens, percentage of blame is apportioned, therefore reducing the amount of compensation which the injured person receives Many states have the comparative negligence clause which helps to allocate faults between parties. This clearly means that the victim will never be able to recover full compensation for damages as well as injuries. However, the law may guarantee him or her of partial compensation.

Since the results are harsh in scenarios where contributory negligence has been proved, the person who is accused of acting negligently and causing the accident is not fully held responsible for the mess. However, there are rules which are followed when determining if there is contributory negligence in a personal injury case. It all boils down to finding out about who is careless. For automobile accidents, there are rules and standards which are followed and which provides the basis for measuring the liability of each of the parties.

In some instances, violation of set rules is clear while it can be a little harder to ascertain in some cases. To be held partially negligent, someone should have acted in a thoughtless manner and without reasonable carefulness hence causing an accident. It is important to work with a personal injury lawyer who helps look at what really happened a d can find out if there was contributory negligence. If you are looking for additional information about contributory negligence, a car accident attorney from The Clark Law Office is just a call away. They have helped in arguing out similar cases in the courts, therefore providing you with a better experience.

If a motorcyclist is not wearing a helmet, can they recover for injuries caused by another driver?

motorcycle-accidentsUnlike trucks, motorcycles do not include a metal framework for protection. This makes them prone to injuries that are more serious. To make the matter worst, helmetless motorcyclist are far much vulnerable to accident. According to a research, up to 80% of motorcycle accident results in serious injuries with a good number of them ending up in fatalities. It is actually important to wear an helmet while riding a motorcycle to reduce the vulnerability of accidents. Wearing helmets not only reduce vulnerability to accidents but also reduce injuries and deaths in case of an accident.


A number of people ask themselves questions such as ‘If a motorcyclist isn\’t wearing a helmet, can they recover for injuries caused by another driver?’ In some state, not matter motorcyclist had a helmet or not, when an accident occurred, he stand a chance of recovering for head and neck injuries if the accident was a result of another driver’s recklessness. Some states require that all motorcyclist should wear helmets, while others require helmets only for riders under certain age. For example in Texas, only riders below 21 years are required by law to wear helmets while riding. The other motorcyclist above 21 can ride without an helmet so long as they are insured by an insurance company. However, most countries encourage its citizens to wear helmets when riding motorcycles. Texas’s National Highway Traffic and safety administration estimates that up to 37% of motorist killed every year would have been saved if they had worn a helmet. In case you get into a serious accident, an helmet will protect your head and neck from injuries. And if you suffer some serious head damages when you were wearing an helmet, it will be very clear that you were riding responsibly and you will stand a higher chances receiving your claims.

If a country includes helmet law, it will be very difficult for a helmet-less motorcyclist to recover neck and head injuries in case of an accident. On the other hand, recovering for neck and head injuries in states that do not include helmet laws will be a slightly easier. However, an insurance company may challenge the rider’s negligence for not wearing the helmet, stating that the helmet would have drastically reduced the neck and head injuries. Therefore, Motorcycle neck and head injury cases requires expert layer to fight on behave of the victim or else the victim will stand higher chances of losing the case. An expert attorney will make sure that all your claims are paid for medical and lost wages.

What You Should Do When You Get Involved In a Traffic Accident

What-To-Do-After AccidentEven though traffic accidents are quite common, many people drive for years before having one. Some never get involved even in single accident at all. Nonetheless, you are still wondering, “What should I do if I am involved in a traffic accident?” This article is going to enlighten you on some of the things you can do when in such a situation. When you get involved in a car accident, there are certain things you can do to guard yourself against any lawsuit that may result from that incident.

First, you need to make sure that you and any other person involved in that accident are safe. If need be, call for medical assistance. If you can’t get out of the car, stay there as you wait for assistance. Get out of the car if you can and stay with it. This may well be a safety concern depending on the situation. Furthermore, don’t flee the scene before the police get there. If you really need to leave, you should first exchange info with the other individual or individuals involved in the accident. You risk facing “hit and run” charges if someone was killed or even injured.

Call the police in case the accident involves physical injury, death and damage of property. When the police arrive, file a police report and get the names and badge numbers of the police officers at the scene. In case of any eyewitnesses at the scene, you may ask them what they saw and if possible get their contact information. When talking with other individuals involved in the accident, it is important to not apologize or admit fault for the mishap itself.

After receiving the medical attention and the police’s arrival, you should let your insurance company know about the accident. Cooperate and tell your insurance company about the way in which the accident transpired. Inform them also about how serious your injuries are. When discussing with your insurance company, ensure to clearly explain the details of your case. If possible, get a copy of the police report and review it. Your insurance company should also get a copy of this police report. The role of the police report is to determine the individual responsible for causing the accident.

After that, keep record of any care received after the mishap and all the expenses incurred as a result of the accident. You may also be required to provide your insurance company with additional records such as your vehicle’s before-and-after-the-accident photos.

Last but not least, you shouldn’t talk to anybody about the accident other than the police, your attorney and the insurance company. In case you are contacted by the other insurance companies’ representatives, tell them to call your insurance company or lawyer so as to arrange an interview. Inform your lawyer and insurance company about these representatives that are seeking for info about your accident.

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