Category Archives: Car Accident

Driving Distractions: Acts Many Drivers are Guilty of

As more and more cars continue to populate US roads and highways every year, the influx of information on the necessity that drivers should be totally focused on the road while driving becomes more vital. Drivers know very well that even a couple of seconds of distraction can spell danger; a mistake that may result to property damage, bodily injury or death.

Besides medical malpractice and abuse of, or too much dependence on, prescription drugs, car crashes are included in the list of the major causes of deaths, especially of teens, in the US. Of the more than five million accidents occurring each year, no less than 35,000 result to someone’s death, while more than two million end up in injuries.

The Most Likely Causes and Victims of Car Accidents

Different studies only confirm the findings of the National Highway Traffic Safety Administration (NHTSA), which says that a greater percentage of road mishaps are due to teens more than adult drivers, who are more mature and, probably, more experienced on the road. This maturity and experience are shown in the fact that a much lesser number of adult drivers are involved in drunken driving, speeding, violation of traffic rules (such as making illegal turns, running red lights, etc.) and distracted driving.

According to the website of the Abel Law Firm, distracted driving, which is veering one’s attention to something else while behind the wheel, is a growing concern among teenage drivers. Though all drivers are probably guilty of being distracted once upon a time in their driving career, distractions are more frequent among the young, many of whom tend to underestimate and fail to recognize dangerous road situations.

Most common forms of driver distraction

While the use of cell phone (whether hands-free or hand-held) definitely increases the risk of a crash, this only make up a lower percentage of the total number of driving distraction-related accidents involving teens and other drivers. The greater number of accidents is either due to other in-vehicle or external sources, including: adjusting a car radio, a compact disc player or a GPS device; using a laptop; talking or arguing with a car passenger; assisting a child; being distracted by a child or a pet; reaching for an object; lighting a cigarette, grooming; one’s attention being caught by a moving object outside of the car, and so forth.

Parents making sure that their teenage son or daughter is trained in a good driving school or is well-supervised until he/she shows focus and maturity behind the wheel will definitely never hurt. Though one may be very familiar with the road he/she is driving on, a moment of distraction can change safe driving to an injurious or fatal one.

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Multiple-vehicle Motorcycle Accidents Often Fault of Drivers, not Riders

The best ride available that will let you beat the traffic is a motorcycle; it’s easy to maneuver besides being a really cool vehicle to ride. The only drawback motorcycle riders have, compared to car drivers, is that they have no protection aside from their helmet, in the event of an injury. Thus, having no seatbelt, airbag or any other mechanism that would cushion them during impacts, riders’ injuries are always more severe.

There are many different reasons why motorcycle riders get involved in accidents; these include speeding & alcohol use, poor visibility during bad weather, poor riding skills or collision with a fixed object. In cases of multiple-vehicle motorcycle accidents, though, where other vehicles, such as cars, are involved, accidents occur due to a car making either a sudden turn or a left-hand turn, drunk-driving, ignoring the possibility of an approaching motorcycle, especially on intersections or crossroads, and motorcycle-lane splitting, that is, when a rider, during heavy traffic, passes between two slow-moving or stopped vehicles.

Multiple-vehicle motorcycle accidents are not the fault of motorcycle riders, though. The website of Goings Law Firm, LLC, also clearly asserts this fact by stating that about two-thirds to three-fourths of all motorcycle accidents are results of another motorist’s carelessness; despite this, it is the rider who is more severely injured and whose property gets more damaged.

Other recorded causes of accident involving a motorcycle and another vehicle include getting too close beside a motorcyclist and then “buzzing” the rider or tailgating a motorcyclist while failing to yield.

Drivers, whose actions threaten the lives of other people, whether other motorists or pedestrians, can be guilty of a crime or civil offense. Yet, to be more blunt about it, these reckless drivers have no right or business being on the road if they will only serve to put the safety of others on the line. And, if their recklessness results to an accident that injures another, they ought to be brought to justice and made to pay for their crime or offense.

Motorcyle Accident

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Car Accident Liability Even if You Don’t Drive

It will not matter if a bar or tavern owner does not drive; he or she could still have car accident liability for injuries to a third party in a drunk-driving accident in Iowa. This is due to Iowa Code 123.92 Civil Liability for Dispensing or Sale and Service of Beer, Wine, Or Intoxicating Liquor (Dramshop Act) –Liability Insurance –Underage Persons.

Dram shop liability laws are not exclusive to Iowa by any means, although states with dram shop laws have different takes on various aspects of the law, including how a bar owner assesses the level of inebriation of a customer. According to the website of Des Moines law firm LaMarca Law Group, P.C., the law simply states that the bar owner or similar is liable if he or she “knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated.” In other states such as Texas, the bar owner only becomes liable when the patron is literally falling-down drunk and is still being served alcohol.

This subjectivity renders the bar owner more liable, but at the same time also opens up reasonable doubt. It can go either way depending on how the case is presented. When the dram shop statute is cited, it is important that the plaintiff or the legal representative complies with the limitation of action (Iowa Code 123.93). This is to avoid missing the window of opportunity to make those who supply drunk drivers with alcohol accountable for the consequences.

If you are planning of bringing charges against the dram shop owner for injuries you or someone close to you sustained in a drunk-driving accident, employ the services of an experienced car accident liability attorney. The lawyer will know exactly what steps to take and how to properly present the facts to convince a jury of the defendant’s car accident liability.

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Motorists and Bicyclists have Equal Rights on the Road

The National Highway Traffic Safety Administration persuades every road user, especially motorists, to respect the rights of bicyclists on the road, as this is the best way to make a safe transportation environment. Legally speaking, bicycles have the same rights on the road as any other type of motor vehicle. Sadly, though, many drivers have refused bikers the space they need on the road, resulting to significant numbers in severely injured and dead bicyclists.

According to the website of LaMarca Law Group, there were about 51,000 injured and as many as 600 killed bicyclists in 2009 alone. These numbers have continued to increase in recent years, showing the great danger bikers are exposed to once they start to ride on US roads. And despite the bike lanes on busy city roads, many drivers still refuse to acknowledge the right of bikers on the road, rendering car and bicycle collision a common road site every day.

The most common causes of collision between motor vehicles and bicycles are:

  • Motor vehicle drivers directly and abruptly turning in front of bikers
  • Drivers, from parking areas or driveways, driving into traffic and cutting a biker’s right of way
  • Drivers failing to slow down at intersections
  • Drivers running a stop sign or traffic light
  • Drivers not taking time to double-check for incoming bikers
  • Reckless driving due to negligence or alcohol influence

Despite the number of bicycle accidents, riding a bike should never be a seen as a dangerous means of transportation or leisure activity. If only to keep away from the dangers that city roads present, many bicyclists have decided to ride along paths where they’ll be safer and enjoy their ride more.

In the event of an accident, however, the negligent or reckless driver at fault ought to be made to answer to the injury he or she has caused. With the help of a determined and knowledgeable personal injury lawyer, obtaining the compensation that you legally deserve is closer to possible than never.

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