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car accidents

How to Prepare for a Consultation With a Car Accident Lawyer

When injured in a car accident, it's common to feel bent out of shape. Your car might be a compressed chunk of metal. You might be sitting in the hospital or at home nursing some nasty injuries. And going to work, school, or about your daily routine? Yeah ... so much for that. It's normal to vent (and we certainly encourage you to vent). But, as they say, revenge is a dish best served by your lawyer. So here's some advice for preparing for your initial consultation with a car accident attorney. 1. Make a Timeline Cases are built on the facts. Your lawyer is going to want as many details as possible, and will press you for specifics, specifics, specifics. What happened, when did it happen, how did it happen, and in what order did it happen? It's a good idea to make a timeline with as much information and detail as possible. This will get you thinking about the case from a legal perspective, and give your lawyer a prepared account of the facts right off the bat. 2. Bring Records and Documents Written documentation is very important to lawyers, and gathering it is a major part of preparing a case. Prepare copies of accident reports, insurance information, witness contact information, medical records, photographs from the scene, and names of doctors, nurses, police officers, chiropractors, and medical facilities -- everything connected with the accident. You can use a checklist to gather records in advance. 3. Be Prepared to Answer Questions Lawyers are trained to tease out information and details with questions. You should be prepared to answer all of them as best you can. Besides being a tool for figuring out what happened, your responses tell a lawyer other, more subtle things too. Like whether you'd be a good client to take on and how a jury might respond to you on the witness stand. It's never too early to strategize! 4. Ask the Questions You Want to Ask Lawyers are trained to be lawyers, but no one is trained to be a client. The best way to get information is to ask an attorney. Feel free to ask a lawyer about her experience handling similar cases, background and training, fees, and what you should expect going forward. Knowing what to expect can bring relief and help make sure you and your lawyer are on the same page going forward. Related Resources Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory) Car Accidents (FindLaw's Learn About the Law) Top 7 Car Accident Lawsuit Questions (FindLaw's Injured)
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Los Angeles Settles Cyclist’s Pothole Injury Lawsuit for $6.5M

Peter Godefroy was riding his bicycle on Valley Vista Boulevard in Sherman Oaks, California two years ago when struck a pothole, crashed his bike, and suffered "severe traumatic brain injury and numerous broken or fractured bones throughout his body." Godefroy sued the City of Los Angeles, claiming poor lighting and even worse maintenance led to a simple pothole becoming a "concealed trap for bicyclists." The L.A. City Council settled that lawsuit last week, voting 11-0 to approve granting Godefroy $6.5 million in damages. It's the second such settlement this year, after the council also awarded $4.5 million to the family of a man killed after he was thrown from his bike when he hit uneven pavement in the city. Bike Suits Bicycle accidents are sadly more common than you would hope. And if you don't have cycling insurance (yes, those policies do exist), you may be wondering about your legal options. In a crash scenario, hopefully the other party -- whether it be a driver in their car, a business-owned vehicle, another cyclist, or even a pedestrian -- will be insured and that will cover your injuries. If not, you may have to file a lawsuit in order to recoup medical bills and lost wages. Most cycling accidents can be treated just like car accidents: exchange insurance information with the other party or parties, document the accident and any injuries as thoroughly as possible, and consider contacting the police if there are serious injuries or property damage. And the work doesn't stop the day after an accident -- make sure to track initial ambulance or hospital bills, additional or ongoing medical expenses, and lost work or wages as well as future income. City Liability It may sound daunting, but you can sue city hall. You may have to file a claim of injury with the city before filing a civil lawsuit to give the city a chance to compensate you or respond to the claim, and you'll have to do so within specific statutes of limitation. If the city fails to respond or denies your claim, you can move on to a full-blown lawsuit. As a general rule, municipalities are responsible for maintaining roadways (including bike lanes and sidewalks) so that they're safe for cyclists, and can be held liable for injuries caused by dangerous conditions on public roadways. If a city or municipal entity fails to exercise reasonable care in keeping the roadways in good repair, they can be found liable for injuries that occur. However, in order to prove a city was negligent in repairing the road, you would also need to prove the city had or should have had notice of the dangerous condition and failed to fix it. If you're considering a bike injury lawsuit against a city, talk to an experienced attorney first. Related Resources: Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory) Severely Injured Cyclist Settles Broken Sidewalk 'Launch Ramp' Case for $4.84M (FindLaw's Injured) San Diego Cyclist Injured by Pothole Gets $235K Settlement From City (FindLaw's Injured) NYPD Accused of 'Hit and Lie' on Cyclist (FindLaw's Injured)
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When Can You Sue for PTSD for Auto Accident Injuries?

When a person is injured in an auto accident, they may be entitled to recover monetary damages for their injuries. In some circumstances, an injury victim can be entitled to recover after suffering an emotional, or mental health, injury, such as post traumatic stress disorder (PTSD), as a result of a car accident. Unless the mental health injury rendered a person incapacitated, they will need to file a lawsuit within the normal time period allowed by their state to file. While uncommon, in severe auto accidents, particularly when there is a loss of life, severe injuries, or maybe just a whole lot of property damage, it is easily foreseeable that an individual could suffer from PTSD. However, to establish a personal injury case based upon a PTSD diagnosis can be rather challenging. Unlike broken bones, cuts, bumps, and bruises, a mental health injury may not visible on the surface. Problems of Proof When suing for a PTSD injury related to a car accident, a plaintiff will need to prove that a qualified doctor made an accurate PTSD diagnosis and that the diagnosis is attributable, at least in part, to the accident. To accomplish this, it is highly likely that expert medical witness testimony will be required. However, despite what a medical expert states, other problems could arise if the accident was only a minor accident, or there are other tragic incidents, particularly recently, in the plaintiff’s past, or a prior diagnosis for PTSD. However, even if a diagnosis may not be attributable to an accident, a flare up of PTSD symptoms may still be relevant. In other words, it can be claimed that a car accident made an individual’s PTSD worse. One Bite of the Settlement Apple A significant problem with PTSD auto accident claims is the timing of a settlement. Frequently, injury victims will settle their cases within 6 month or a year after their injury without ever filing a lawsuit. Just as frequently, PTSD can go undiagnosed for months, or longer if a victim does not have a solid support network. Unfortunately, in nearly every state, once a person settles a personal injury claim, they cannot reopen the case unless there are extraordinary circumstances, such as a fraud in the inducement to sign. Typically, an undiscovered injury will not qualify to reopen a settled case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Can You Sue Over Mental Stress, Trauma? (FindLaw’s Injured) Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured) 5 Ways to Prove Emotional Distress (FindLaw’s Injured)
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Driver Liability for Cell Phone Related Car Accident

How an accident happens will largely determine who is ultimately held liable. If the at fault driver was found to have caused the accident while talking or texting, they will likely have more difficulty defending their case, and they may potentially face additional penalties. Nearly every state has laws on distracted driving, and most include some limitations on the use of cell phones by drivers. Regardless of whether you have an ear piece, integrated Bluetooth, or speakerphone system, if you are talking or texting on a cell phone while driving, an officer or other party can claim that you were driving while distracted. According to the most recent report by the NHTSA, one in ten on the road fatalities involved distraction. Accidents While Phoning or Texting If a driver is found to be at fault for an accident, then they can also be found liable for the injuries and property damage they caused. While a majority of auto accident cases settle out of court, the facts concerning how the crash happened are relevant to establishing the injured party's case for damages. When a jury is asked to decide an auto accident injury case, they will usually be tasked with deciding two primary issues:Whether the defendant caused the injuries and damages.How much money should be awarded to the plaintiff for suffering the injuries and damages. In most jurisdictions, if both parties are considered to be partly at fault, or fault is uncertain, the party that is found to be more than 50% at fault, generally is the party held responsible for the damages. If a party was on the phone when the accident occurred, they may be found some percentage (comparatively) at fault. In states like California, if a driver is found to be 25% at fault, any award they receive will be reduced by their percentage of fault. Rear-Ended While Talking on the Phone There are some auto-accident cases where it won't matter if the victim was on the phone or texting. If you are stopped at a red light, and you get rear-ended while texting or talking on the phone, it is highly unlikely that your texting or talking had anything to do with causing the accident. In this sort of a situation, your phone use, while still potentially against the law, generally cannot be used to attack liability. Related Resources: Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory) What's More Dangerous Than Texting and Driving? (FindLaw's Injured) 1 in 4 Car Crashes Involves Cell Phone Use: Report (FindLaw's Injured) Is Apple Liable for Distracted Driving Accidents? (FindLaw's Injured)
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Top 5 Reckless Driving Issues

The dangers of driving are many and you must pay close attention when you're on the road. Not only do you risk serious injury or even death when you're distracted, but there is also the possibility of being stopped by the cops and being charged with a traffic infraction or crime. Aggressive driving and road rage are not crimes in and of themselves. But they do lead to reckless driving, which is an offense. Let's look at the top issues surrounding reckless driving. 1. How Road Rage and Reckless Driving Are Related The National Highway Traffic Safety Administration considers aggressive driving a serious danger. Aggressive driving occurs, according to the NHTSA, when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property." Aggressive driving and road rage lead to reckless driving, which leads to accidents and criminal cases. 2. Is Road Rage a Crime? In some states there are added penalties for crimes that arise from road rage. According to the NHTSA two-thirds of all accidents are caused by road rage, which leads to recklessness. So keep your eyes open, signal lane changes, and breathe deep when you feel angry, t could save you time, money, and your life. 3. Distracted Driving: Would You Pass a Textalyzer? Law enforcement officers are concerned about the prevalence of phone use on the road and though there is not yet a way to examine the role of phones in accidents, there may soon be. The textalyzer will allow police to analyze the phone activity of drivers before a crash =, and New York is the first state considering adopting the technology. 4. Can My Car Turn Me In for a Hit and Run? New cars are great for their innovations but would you feel the same way if one of those developments allowed your car to call the cops on you? Leaving the scene of an accident is a crime and, depending on your car's Emergency Assist functions, your car could call the police even if you don't think you need it. 5. Texting and Driving: 5 Potential Consequences You don't want to miss a text as plans can change at any minute. But you also don't want to drive and text or you could end up in an accident or facing a reckless driving charge. In California, fees and fines stemming from a first texting and driving ticket can reach $300. Talk to a Lawyer: If you are charged with a driving offense or a crime, speak to a lawyer today. Many criminal defense atorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Reckless Driving (FindLaw's Learn About the Law) Distracted Driving and Texting While Driving (FindLaw's Learn About the Law) State Traffic Laws Directory (FindLaw's Learn About the Law)
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