Hydroplaning, Was it Caused by a Road Defect?

It all happens in seconds, one second you are in control of your vehicle just driving down the road and the next you are losing control. You are slipping ans sliddign on the road and your tries and not gripping the pavement. Before you know what happned you careen into the guardrail or even off the road.  Or, worse yet, you crash into another vehicle.

Hydroplaning, which happens when your tires are separated from the road surface by a layer of water, can be caused by excessive speed or poor tire tread; however, in many cases, it is caused by something completely out of the driver’s control – road defects.

Common road defects that can lead to hydroplaning include:

• Improperly designed roadways.
• Lack of appropriate warning signs.
• Insufficient cross slope (the slope from the middle of the road to the side of the road which helps prevent pooling of water).
• Poor road maintenance.

If you suffer a hydroplaning accident that you feel was caused by a road defect it is important for you to contact a personal injury attorney who has the experience to guide you through a possible claim.

Your Medical Care After a Car or Truck Accident

One of the mistakes claimants sometimes make is trying to arrange their medical care in such a way as to maximize the potential settlement value of their case.  For instance, some accident victims will try to schedule more frequent doctor visits, figuring that more medical visits will lead to higher medical bills which, in turn, will lead to a higher potential settlement.  That’s a big mistake.

If you’ve suffered injuries in an accident, your first priority and focus should always be getting the appropriate medical treatment to help you get better and not on trying to increase a potential settlement.

Here are some key do’s and don’ts to keep in mind when speaking with your health care providers after an accident:

DO be 100 percent honest with your health care provider.  It is imperative that you give your doctor a completely accurate history of previous injuries or accidents you may have had.  You can be sure that the insurance company will uncover any prior accidents and injuries, and in doing so, will cast doubt on your doctor’s current diagnosis.

DON’T exaggerate the details of your accident.  If you tell your doctor that your car was totaled when it actually only had minor damage, you’re asking for trouble.  Your doctor may be called to testify at trial about your injuries and will end up getting embarrassed by the insurance lawyer if you’ve misled him or her.

DON’T exaggerate your symptoms.  You should tell your doctor exactly what symptoms you are experiencing.  Exaggerating your symptoms won’t make your case stronger, and in fact, can sink your case if evidence (such as video surveillance) comes to light that contradicts what you told your doctor you can or can’t do on a daily basis.

DO follow the treatment plan your doctor recommends.  This means following through on physical therapy, making it to all of your appointments, and taking prescribed medications.  If you fail to do so and your recovery takes longer than expected, the insurance company lawyer will blame you and make the argument at trial that you must not have been hurting that badly.

FAQ: Can I Still Receive Compensation for My Injuries?

Q: I was recently hurt in a car accident that was caused by the other driver.  Unfortunately, my auto insurance lapsed before the accident.  Can I still receive compensation for my injuries?

A: While it is unlawful in West Virginia to drive without it, not having insurance does not impact your ability to recover damages (money) from the person who caused the crash.  If the accident was the fault of the other driver, you can still file a claim with his or her insurance company.  You may be able to obtain compensation for your medical expenses, lost income, and other damages associated with the collision.  Rest assured, though, that it is not going to be easy to work with the insurance company.

Pedestrian Safety

It happens all to fast, one minute your walking across the cross walk and you look to your side and a vehicle is barreling toward you at an astounding rate. They do not stop even though you are in the cross walk so to avoid being injured you dodge the vehicle. This time you were luck and did not get hurt. This is not always the case though, all to often by the time someone realizes the other is there they are colliding.

Pedestrian safety is a pressing issue in the United States, especially in urban areas.According to the Centers for Disease Control and Prevention (CDC), there were nearly 4,400 pedestrians killed in 2008 and another 69,000 were injured.  On average, there is one crash-related pedestrian death ever two hours and a pedestrian injury every eight minutes.

The CDC indicated that the oldest and youngest in our population are at greatest risk for pedestrian accidents and that alcohol often plays a major role:

Older adults

Pedestrians over the age of 65 accounted for 18 percent of all pedestrian deaths and an estimated 10 percent of all pedestrians injured in 2008.

Children

In 2008, one in every five children between the ages of 5 and 9 were killed in traffic crashes as a pedestrian.

Drivers and pedestrians who are alcohol-impaired

Alcohol-impairment – either for the driver or for the pedestrian – was reported in 48 percent of the traffic crashes that resulted in pedestrian death.

To limit your risk of injury when walking, be extra careful at intersections and be alert for drivers who fail to yield the right-of-way when they are turning.  In addition, carry a flashlight and wear reflective clothing when walking at night.  Also, use the sidewalk whenever possible, but if you have to walk on the street, walk facing traffic.

A Deadly Mix of Distractions on the Road- Texting While Driving

TEXTING WHILE DRIVING

According to the U.S. Department of Transportation, distracted driving can be broken down into three main types of distraction — visual (in which you take your eyes off the road), manual (in which you take your hands off the wheel), and cognitive (in which you take your mind off what you are doing).

 While any type of distraction while you are driving can be dangerous, what makes driving while texting especially problematic is that it involves all three main types of distractions.

 Statistics show that around 20 percent of all crashes involve some type of distraction, and in 2008, nearly 6,000 people were killed in collisions involving a distracted driver.

And even though many states have banned or are considering bans on texting while driving, it is up to drivers themselves to use common sense. When you’re behind the wheel, put the phone down entirely, or if you absolutely have to send a text, pull over to a safe area on the side of the road or into a parking lot.

 Currently in West Virginia, drivers younger than 18 that hold either a learner’s permit or an intermediate license are banned from cell phone use of any kind while operating a motor vehicle.  There is a bill being considered for the next legislative session that will ban texting while driving in the State of West Virginia for anyone driving a motor vehicle.

If you or a family member has been victim in an accident caused by a distracted driver, you should contact an experienced personal injury attorney

Teen Drivers The Disturbing Facts

For the majority of teenager learning to drive and getting their license is a rite of passage. They look forward to this day for years with great excitement and joy, but the harsh reality is teens and driving is, more often than not, a dangerous pairing.

According to the Centers for Disease Control and Prevention (CDC), motor vehicle crashes are the leading cause of death for U.S. teens.  In 2008, an average of nine teens died every day from motor vehicle crashes and more than 350,000 were treated at emergency departments for injuries.  In addition, per mile drive, teens from the ages of 16-19 were four times more likely to crash than older drivers.

Despite the troubling statistics, there is hope for preventing teen crashes.  Research shows that states with the strictest and most comprehensive Graduated Driver Licensing (GDL) systems have reduced teen fatal crashed by 38 percent, and injury crashes by 40 percent.  GDL laws delay full licensure and utilize restrictions (such as limits on nighttime driving or the number of passengers allowed) to enable teens to get their initial driving experience under low-risk conditions.

West Virginia’s GDL law establishes a three stage licensing process:  learner, intermediate and full privilege.  During the learner stage, which must last at least 6 months, a driver must be accompanied by a fully privileged driver and may carry no other passengers.  During the intermediate phase, a driver must be at least 16, cannot drive between 10:00 p.m. and 5:00 a.m. and can carry no non-family passengers for the first six months.  To receive full driving privileges, one must be at least 17 years old and have completed 50 hours of supervised driving or a driver education course.

Our firm strongly encourages parents to know, understand, and enforce our state’s GDL laws to help keep our teen drivers safe.

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Your Medical Care After a Car or Truck Accident: Don’t Put an Accident Claim Ahead of Your Health

 One of the mistakes claimants sometimes make is trying to arrange their medical care in such a way as to maximize the potential settlement value of their case.  For instance, some accident victims will try to schedule more frequent doctor visits, figuring that more medical visits will lead to higher medical bills which, in turn, will lead to a higher potential settlement.  That’s a big mistake.

If you’ve suffered injuries in an accident, your first priority and focus should always be getting the appropriate medical treatment to help you get better and not on trying to increase a potential settlement.

Here are some key do’s and don’ts to keep in mind when speaking with your health care providers after an accident:

DO be 100 percent honest with your health care provider.  It is imperative that you give your doctor a completely accurate history of previous injuries or accidents you may have had.  You can be sure that the insurance company will uncover any prior accidents and injuries, and in doing so, will cast doubt on your doctor’s current diagnosis. 

DON’T exaggerate the details of your accident.  If you tell your doctor that your car was totaled when it actually only had minor damage, you’re asking for trouble.  Your doctor may be called to testify at trial about your injuries and will end up getting embarrassed by the insurance lawyer if you’ve misled him or her.

DON’T exaggerate your symptoms.  You should tell your doctor exactly what symptoms you are experiencing.  Exaggerating your symptoms won’t make your case stronger, and in fact, can sink your case if evidence (such as video surveillance) comes to light that contradicts what you told your doctor you can or can’t do on a daily basis.

DO follow the treatment plan your doctor recommends.  This means following through on physical therapy, making it to all of your appointments, and taking prescribed medications.  If you fail to do so and your recovery takes longer than expected, the insurance company lawyer will blame you and make the argument at trial that you must not have been hurting that badly.

The Best Way to Lose Your Accident Case

It doesn’t matter how good your case is, if you lie to your lawyer or the insurance company about past injuries and accidents, the jury is going to make sure you lose.

Remember, the insurance companies have access to vast databases about your life, including past lawsuits, claims, and injuries.  Also, with the popularity of social media sites like Facebook and Twitter, there is even more information out there about you that they can use.

As always, honesty is the best policy.  Tell your lawyer all about past claims and injuries, so that he or she can deal with the issues.  The worst thing is for your lawyer to be the last one to know!

FAQ: What kind of compensation can I receive for my injuries?

Unfortunately serious personal injuries may result from a sever accident, leaving you emotionally harmed along with physically. This is a stressful time and you wonder what exactly you can get reimbursed for through a personal Injury Claim. A successful personal injury claim can enable a victim to recover both monetary and non-monetary damages.

Some common examples of monetary damages (which are also known as special damages) include:

• Lost wages, including wages lost while recovering from an injury or loss of future earning ability.

• Medical expenses, which can include both past and future medical care and rehabilitation costs.

• Costs associated with living with disability, such as the cost to make a home wheelchair-accessible.

• Costs of property damages, such as the value of your automobile.  West Virginia law also covers damages for the aggravation and inconvenience that results from having your car damaged or destroyed.

• Funeral expenses.

Examples of non-monetary damages (also known as general damages) include:

• Pain and suffering.  Victims can receive compensation for the actual pain for their injuries as well as the emotional distress caused by them.

• Loss of consortium.  Spouses of personal injury victims can receive damages for being deprived of the emotional and physical elements of a marriage.  In West Virginia, loss of consortium also includes damage to the relationship between parents and children that often result from serious physical or emotional injuries.

If you have questions about the types of compensation you may be owed, please call our office to speak with one of our experienced attorneys about your specific situation.