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Car Accidents

Are Auto Safety Advances Unaffordable for Most Consumers?

By John Bisnar on January 23, 2013 - No comments

It’s not as if automakers do not have the access to cutting-edge technology. Case in point, Toyota Motor Corporation’s redesigned Lexus LS460. This car Auto Accident Safety Advanceshas a safety feature where an infrared beam acts as an extra set of eyes for the driver using radar and two high-definition cameras to detect when it might hit another object vehicle or animal. The price tag? $70,000. According to a Bloomberg news report, manufacturers are rolling out superior auto safety technology. But, you don’t get these auto safety features unless you are willing to pay the premium price for the manufacturer’s top of the line vehicles.

Auto Safety Features that Save Lives

With the Detroit Auto Show rolling out its concept cars and cool auto safety features, it is becoming apparent that cutting-edge safety technology is only reserved for the select few who can pay for it. The Insurance Institute of Highway Safety, based on its analysis of crash data from 2004 to 2008, states that a fifth of crashes causing injury could be prevented or lessened in severity if all passenger vehicles had:

• Forward collision warning systems
• Lane departure warning
• Blind spot detection
• Adaptive headlights

Putting Safety First

It is disturbing that auto makers will install such superior auto safety technology for a premium price, but will go to any lengths to shortchange the average consumer who does not have that kind of money. It is true that today’s technology will become a lot cheaper in a few years. But, as auto product liability lawyers who fight automakers on behalf of injured victims, we know that it doesn’t mean we’re going to see these features in regular vehicle several years from now.

We’ve been fighting for stronger roofs in vehicles, stronger windshields, windows, car seats that are a little more than garden chairs and seat belts that don’t tear, shred or unlatch in the event of a violent crash. A lot of these features often cost a couple of hundred dollars more. But auto manufacturers are still reluctant to offer these simple auto safety features, let alone crash avoidance systems, as part of the package to the average consumer.

That said, automakers such as Honda and Toyota are beginning to see that well-heeled consumers are willing to pay a pretty penny for high-end vehicles with premium safety features. I truly hope that we are close to a time when automakers are more interested in investing in vehicle safety than being concerned about the number of cup holders in their vehicles.

 

Falling Asleep at the Wheel? Study Shows You’re Not Alone

By John Bisnar on January 7, 2013 - No comments

drowsy drivingFalling Asleep at the Wheel

An alarming new report by the U.S. Centers for Disease Control and Prevention (CDC) shows that many drivers are dozing off behind the wheel repeatedly.

According to the government study, at least 4.2 percent of the 147,076 respondents interviewed for the study in 19 states and the District of Columbia said they fell asleep while driving at least once over the previous month. The study also reported that men were more likely to doze off than women and that drowsy driving actually declined with age. Motorists who said they snored or slept less than six hours a day were also more likely to drive while drowsy or sleepy. Read the rest »

 

Do I Need Uninsured Underinsured Motorist Coverage?

By John Bisnar on December 27, 2012 - No comments

Car accidents can be expensive. The cost of fixing the car, medical expenses, rehabilitative costs such as physical therapy, lost earnings – all of this can add up very quickly. If you were injured in a car accident, which was someone else’s fault, then, you should not have to take the loss. The at-fault party’s insurance company should pay for the damages you have incurred. However, if you are hit by a driver who doesn’t have auto insurance or does not have sufficient insurance to cover your losses, who pays? auto insurance coverage

The Issue of Uninsured Motorists

The problem of uninsured drivers is a huge problem in California and nationwide. One in seven drivers in the country are uninsured, according to the National Association of Insurance Commissioners. Nationwide 13.8 percent of motorists are uninsured, a number that has climbed during the economic downturn as many financially-pressed Americans allowed their insurance to lapse. In 2007, insured drivers paid a hefty price for fellow motorists who have no policies — $10.8 billion — a number that continues to increase.

Insurance requirements vary by state. For example, if you are a driver in California, the minimum liability coverage is $15,000 of bodily injury protection person, $30,000 of bodily injury protection per accident and $5,000 of property damage per accident. However, there are times when the at-fault driver is uninsured or his or her insurance is not enough to cover your losses.

Why UIM Coverage is Critical

This is why it is critical that you have uninsured motorist coverage (UIM). If an uninsured motorist strikes your vehicle and you did not have this coverage, you may not be able to obtain full compensation for your medical expenses that are directly related to the crash. As a California personal injury lawyer who represents injured car accident victims, I recommend UIM coverage to everyone. The expenses you face after a car accident can be significant.

Look at it this way. If you have liability insurance coverage, it protects anyone whom you hit. UIM coverage includes everyone in the insured’s household even if that person’s name is not on the policy. For example, if your 10-year-old daughter is struck by a hit-and-run driver while walking to school, she should be covered under the uninsured motorist clause of your auto insurance policy. UIM coverage is something you take in addition to what you are required under the law. But this type of coverage is absolutely worth it because it protects you and your family.

 

Santa Fe Springs Car Crash Leaves Two Boys Dead

By John Bisnar on December 24, 2012 - No comments

Jonathan Medina, 13, and his brother, Damian Medina, 11, were killed in a car accident in Santa Fe Springs after the vehicle in which they were passengers went out of control and crashed into a light pole. According to an NBC Los Angeles news report, the fatal Santa Fe Springs car crash occurred the evening of Dec. 21, 2012 on Los Nietos Road just east of Norwalk Boulevard.

The brothers were in a car driven by their father, 33-year-old Valentin Medina. Their Honda Civic lost control, crashed into oncoming traffic and hit the pole. The impact sheared the vehicle in half. Both boys died at the scene and their father was transported to a hospital in critical condition.

Police say excessive speed was likely a factor in the Santa Fe Springs car crash. One witness told officials that a second car cut off the Civic before it crashed. Investigators are reviewing surveillance video from nearby businesses to verify the presence of the second car. No description of the other vehicle and its driver is available yet. Witnesses have stated the two cars were traveling at a high rate of speed. Officials are still looking into whether the vehicles were racing each other.

I offer my deepest condolences to the Medina family for their tremendous loss. Please keep them in your thoughts and prayers. It’s always difficult to lose a loved one but to lose both children in this way before Christmas is tragic.

Crash Statistics for Santa Fe Springs

There were two fatalities and 322 injuries involving car accidents in Santa Fe Springs, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). During the same year, 530 fatalities and 50,513 injuries were reported due to car crashes in Los Angeles County.

Protecting Victims’ Rights

Based on this news account, police say excessive speed was a factor in this Santa Fe Springs car crash. It also appears that the driver who may have cut off the Honda Civic did not stop at the scene. This may have been a non-contact hit-and-run crash where the other driver caused the crash without striking a vehicle and then fled the scene. California law requires anyone involved in an injury or fatal collision to remain at the scene of the crash until authorities arrive. I trust authorities are able to quickly locate the other driver in this case.

In such types of accidents, families of deceased victims would be well advised to contact an experienced Los Angeles personal injury lawyer who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected.

 

This Year’s Thanksgiving And Black Friday Accidents

By John Bisnar on November 26, 2012 - No comments

Thanksgiving and Black Friday are two of the most anticipated days on the calendar for most Americans, though for very different reasons. While Thanksgiving is cherished as a day to be thankful for the most important things in life, such as family and friends, Black Friday epitomizes a more superficial aspect of American culture.

Black Friday AccidentsThe days lay directly beside each other on the November calendar, and while their themes could not be more different, the results of increased nationwide activity and tension are very similar.

USA Today reports the unfortunate truth about accidents on the holiday weekend: “Whenever traffic volume goes up, crashes generally go up as well,” says Allen Parrish, director of the University of Alabama Center for Advanced Public Safety. “This isn’t really rocket science here: You have a lot of people on the roads over Thanksgiving, so the crashes are naturally going to get worse.”

2012 Thanksgiving And Black Friday Accidents
This year the story is no different, with many accidents occurring over a short period of time due to increased traffic and heightened tensions. Here are a few examples of these Thanksgiving and Black Friday related accidents:

• In Alton Illinois http://madisonrecord.com/issues/366-personal-injury/249485-turkey-fryer-injury-at-k-mart-prompts-personal-injury-suit, a personal injury suit has been filed against K-Mart, related to a turkey fryer weighing approximately 50 pounds that allegedly fell from a shelf and hit the plaintiff in the head. The plaintiff seeks damages for injuries that include “severe bruising, contusion, wrenching, straining, spraining, tearing, twisting and pulling of the bones, nerves, tissues, tendons, ligaments and muscles of the head, neck, shoulder, back, and spine, and all musculoskeletal areas adjacent thereto.”

• According to ABC News, Black Friday shopping in northern Florida turned violent when two people were shot outside of a Wal-Mart in Tallahassee. The two victims reportedly got into an argument over a parking spot, and were taken to the hospital with non-life threatening injuries. The attacker fled the scene and is currently being searched for by Tallahassee police.

• In Covington, Washington, another incident in a Wal-Mart parking lot occurred as a 71-year-old driver was arrested on a vehicular assault charge after running down a man and a woman on Thanksgiving night. The two victims were taken to Harborview Medical Center, where the female victim was listed in serious condition and the male victim was listed in good condition.

• Two other serious instances of high-tension shopping occurred at a Georgia Wal-Mart and a Texas Sears, according to the Los Angeles Times In Moultrie, Georgia, a battle briefly erupted over discounted Smartphones in a Georgia Wal-Mart on Thursday. There was no word about accidents or injuries stemming from the melee. The Texas incident was between two men and led to one man pulling a gun. The confrontation caused a stampede that left a third customer injured.

Accidents on Thanksgiving and Black Friday are an unfortunate side-effect of the increased travel and heightened tensions that come with the holiday weekend. While many of these incidents are avoidable, when they occur the best course of action is to consult with a personal injury attorney. An attorney can help you receive compensation for hospital bills and pain and suffering that result from such an injury.

Staying safe during the holidays can be difficult, but with an experienced attorney you can at least feel protected in the aftermath of any injury or trauma that has happened to you.

 

Car Accident Insurance Claims: Important Dos and Don’ts

By John Bisnar on November 21, 2012 - No comments

Getting into an accident is always a stressful and emotional situation. By definition, of course, it’s never expected, and the consequences can be severe, not only in terms of the health and safety of yourself, your passengers and those in another vehicle or other bystanders, but also financially, as well as the difficulties of your transportation needs moving forward, and all the rest.

That’s why it’s important to know some basic and useful car accident insurance claims advice before something happens. In this way, you’ll be able to stay calm when an accident does occur, and you’ll be able to take swift action that is always in your own best interests.

  • Do always call your own insurance company as soon as possible. This creates the record of an incident, and also shows that you’re the only taking action in the aftermath.
  • Don’t bother giving out additional contact information to another driver or party besides your insurance, and don’t accept any from them. You don’t need to be in contact with these people, and it can only backfire and create suspicious or sketchy circumstances.
  • Do, of course, always be sure to get their insurance information and see if for yourself. Don’t let them read it for you, look at their license and their insurance on your own.
  • Do keep track of as many details of the accident as possible so you can provide as clear and complete of a picture as possible. This includes conversations you’ve had on your own, with insurance, with police, with the other party, and more.
  • Don’t assume liability or express opinions of fault or blame. Just stick to the facts and the details of the situation, as noted above.
  • Don’t sign any offers, waivers, put anything in writing or anything else without completely being aware of what it is and what it stands for, where it’s coming for, and so forth.
  • Do consider calling the other person’s insurance, especially if you’re concerned they will not contact the insurance, or will try to tell a divergent story. Alert them that their policyholder has been in an accident.
  • Do be honest as you create your car accident insurance claims. Honesty is the best policy, and will insure you aren’t hurt by anything down the line.
  • Do take the time to learn your own policy inside and out, to see what you are covered for and liable for, in what amounts or degrees, and what other aspects of your coverage could apply.

Hopefully you’ve gained a few useful tips and pointers when it comes to knowing what to do after an accident. Besides the above car accident insurance claims advice, if you have been involved in an accident involving injuries, or substantial financial repercussions, then it’s almost always in your best interest to contact an experienced attorney or legal team. They’ll provide further guidance on how to protect yourself, the right steps to take, and any other dos or don’ts along the way.

 

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar | Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

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