Self driving cars are expected to be the next big thing in global technology. As exciting as it may sound to own a car that is able to drive itself, it is important to understand how these revolutionary vehicles are going to affect the auto accident laws that area already in place. The test car has been traversed 300,000 miles without causing a single accident and some believe that it will actually minimize the risks chances of any kind of road accident which is quite the relief considering in the year of 2013 there was 287,050 wrecks and 30,000 people who die each year from a car accident, 40% of those caused by human error.
Considering these statistics, it till raises the question as to if these cars will effect auto accident laws. The cars that are operated with the help of technology and artificial intelligence have been deemed to be a possible problem regarding these laws and it surely complicates things. If one of these self-driving cars are involved in some form of accident, the human who is so-called “co-piloting” may not be fully at part, he may even be injured due to the vehicle itself. This has people wondering, who would someone sue if they were hit by a self-driving car? The human in the self-driving car or the car’s manufacturer? It is safe to say that new laws will have to be written to sort out all of these possibilities.
Many attorneys have spoken out about this issue and believe that it would be awfully difficult to sue an autonomous car due to negligence as it is an aspect that would be determined by the “prudent person” standard. There are also those people who argue that the person/persons who set the controls of the car would be the ones responsible if an accident occurs. Which means if it was a manufacture who set the controls, it could be the issue of a product defect. Yet, if the driver altered or fixed the controls i would be possible that the driver could be sued for negligence..
During the signing ceremony for California’s self-driving car law, the matter of these cars running red lights came up. The governor of this state was unsure whether or not who would be responsible, the car or the person behind the wheel but claimed this will be one of the easiest things to work out regarding self-driving vehicles.
In conclusion, self-driving cars will definitely affect auto accident laws in the near future. When someone is co-piloting one of these cars and an accident occurs, would it be considered their fault or the manufactures fault? There will have to be a lot of adjustments made to accommodate these vehicles. Law makers are going to have to determine standards of when it should be considered to be the fault of the driver or the fault of the car. Sell-driving cars are suspected to start showing up faster and faster, therefore, it is important hat the legal questions are answered to ensure the safety of everyone driving on the road.
Posted in Auto Technology.
With auto insurance premiums on the rise, it is vital to know exactly what to do to ensure you make a successful claim should anything go wrong. Some people will never have to make a claim on their insurance. This may be good or bad news depending on which perspective you look at it from. Settlement is the most common way to resolve injury lawsuits, yet a well-planned settlement is sometimes rejected by the court. Regardless, if you ever find yourself in a tough situation where you need to make an insurance claim, it is important to know the necessary steps to take to ensure a smooth and successful payout. In general, there are 3 Reasons your auto accident settlement may be rejected:
1.Failing to get the necessary information or driving away
If you happen to be involved in an auto accident, do not be tempted to run or drive away. Instead, ensure your car is safe and secure – you may have to pull over if you have to, especially if you are in the middle of the road. In a serious accident where someone is particularly injured, call the police, as this may be helpful if there is any legal follow-up later on.
2. Failing to report the accident to your auto insurer as soon as possible
Even if you do not intent to make a claim, you should report the accident to your insurer as soon as you can. You will be asked to provide details of the accident over the phone. Following the recommendations of your insurance company will make the claims process run as smoothly as possible.
3. Unfavorable Terms/Bad Faith
All parties must enter into a settlement agreement with good faith and fair dealing. It is very much possible for a judge to reject a settlement in which one party is clearly railroading the other party –especially where a large corporation is involved. Sometimes, either party can reject a settlement just as easily as the courts, but only an experienced and competent personal injury attorney can be able to evaluate your case and advise you on the best way forward. The stress of being involved in an auto accident can be enormous, especially if you have also suffered an injury in the process. So the last thing you need is for your car insurer to make a fuss out of it and be stubborn about paying out.
Why was your claim rejected?
If your insurer rejects your claim, try to find out the reason why and request for a written statement. A common dispute normally arising is when an automobile is written off yet the owner and the insurer failed to agree on a valuation. In case you do not agree on the reasons for rejecting your claim, or think you have been treated unfairly, or you fail to agree on a valuation with your insurer, then talk to them about their dispute process. However, if the process proves to bear no fruit, then you can contact the Financial Ombudsman Service as the last resort to act as a mediator in that particular case.
Posted in Settlements.
Getting involved in a car accident is normally a stressful thing and especially considering the possible injuries, car wreck and the possible process of car insurance claim. While insurance companies will always be willing to settle their clients’ claims, it is unfortunate to note that that are many cases of car insurance frauds pulled every year with the aim of making fraudulent claims. What is car insurance fraud? This kind of fraud results from coordinated or planned accidents and many unsuspecting drivers become hostages of such insurance frauds. Car insurance scams normally include cases of auto damage and injury claims resulting from fake accidents.
Car insurance swindles result in higher premiums, legal problems and faulty driving records. In the same breath, insurance companies end up losing millions of dollars in claim settlements. It is however worth noting that fraudulent practice involves a large number of criminals who will do anything to get their dirty hands on the money. Below are some of the most common car insurance frauds and how to prevent them.
Crash for cash
Also known as forced rear-ending or swoop and squat, this stage managed accident involves the fraudsters slowing down or stopping at an interchange, intersection or busy traffic or swoop right in front of unsuspecting drivers hoping that they will crash their cars from behind. Rear-endings are always considered to be as a result of rear driver’s mistake in nearly all jurisdictions. In this case therefore, the unsuspecting victim of the fraud is considered to be on the wrong thus giving a leeway for the scammer to make a claim. The fraud will also claim that have suffered injuries such as back or neck pain thus making room for an injury and a collision claim.
How to avoid the fraud: – As a driver, you can avoid this car insurance fraud by driving at a distance when following other cars. This is to give you sufficient room to stop in case the driver ahead of you decides to pull a forced rear-ending trick. It is important to be alert always.
Fake injury claim
This is possible in both real and stage managed accidents. To try and pull a trick, the driver of the other car involved in the accident will report a whiplash, neck pain, back pain or other injuries. At this point, the “victim” might decide to seek hospitalization which opens the door for him/her to make a fake insurance claim to have the insurance cater for the expenses. In most cases, the fraudster knows that some of these injuries are hard to verify using x-rays or might even collaborate with fraudulent physical therapists, doctors and chiropractors to issues a favorable injury report. This will most likely result to an insurance claim for settlement.
To avoid being scammed, it is important to file a report with the police for any accident no matter how minor is might seem.
The ghost victims
Under this car insurance fraud, people who were not in the car will try and claim compensation for personal injury. This car insurance fraud is normally known as “the phantom victim” since the fraudster will be trying to introduce ghost passengers who were not in the car during the accident. The ghost passengers will then go ahead to fake injury or pain.
How to avoid this car insurance fraud: This scam is normally hard to prevent but if the accident is not serious, try and get the exact number of passengers travelling in the other car. You should also take the other driver’s contact info and DL number and if possible, take photos of the accident scene, car and passengers.
Posted in Lawsuits.
Car accidents are a leading cause for teen deaths in America. Older adults too get involved in accidents that cause death or disability. Many of these accidents are avoidable. Automobiles are one of greatest inventions of the modern era granting users mobility and independence. But it needs to be used with care, caution and 100 percent attention. Drivers know it is a serious responsibility which needs to be discharged with wholehearted commitment. Still drivers allow themselves to get distracted by gadgets and devices, conversations, children and other extraneous factors endangering lives. Innocent bystanders and responsible drivers in other automobiles often become collateral damage or victims of these accidents. There are many reasons why drivers get involved in such incidents. If you find yourself or a loved one involved a car accident, you should contact you a personal injury lawyer for more information and to see how they can help you.
Not paying complete attention to the road and people are one of leading causes for accidents. Drivers overconfident about their driving skills text, smoke, chat, groom, eat and let themselves get distracted while driving. Time and again it has been proved that people who chat on the phone or those who text while they drive get into more accidents than those paying full attention to the road. Yet, when the phone rings or there is a notification about a new SMS, people instinctively reach for the phone. Learn to ignore the phone when driving. Don’t talk, chat or groom when driving. Avoiding such distractions increases the chances of your safety and avoids causing injuries to others too. The road needs 100 percent of your attention.
One of the top reasons for death and destruction on roads are the high speeding vehicles. About a third of the deaths on the roads are caused due to speeding. At high speeds it is difficult to control the vehicle as the time required to stop the car increases. If the driver needs to get the vehicle to a sudden stop, it puts immense strain on the vehicle causing it to react in ways that is almost impossible to control. The vehicle might bump and roll hitting medians or walls, passers-by or other vehicles coming in opposite direction. Sometimes the vehicle spins 180 degree and becomes a danger to the oncoming traffic. Driving within safety limits is the only way to keep the car under your control. Speeding is exciting but is best avoided on regular roads where people’s lives are at risk including yours. If you want to speed sign up for car racing.
Everyone knows that drinking and driving should not be mixed. Alcohol slows down reaction time and is one of the leading causes for road accidents. Most people involved in drunk driving accidents believe that they are fully capable of handling their vehicles. They put the lives of innocent people at risk by driving under the influence of alcohol. If you plan to consume alcohol it doesn’t take much time or effort to plan ahead and arrange for a taxi to take you home. Or one of the people at the party can skip alcohol and volunteer to drive the others. It takes a little bit or responsibility and planning. Accidents caused by drunk drivers are preventable if everyone concerned acts responsibly. If you think that a friend or colleague is incapable of driving because they are drunk hide their keys. Ensure their safety and also of others on the road.
Posted in Vehicle Accidents.
Motor vehicle accidents have become an inevitable event to avoid as there are many ways in which the cause of this event may arise such as: Intoxicated driving(if driver is intoxicated with either drugs or alcohol), Over speeding( usually occurs with a speed of 10, 20, or 30 mph that is higher than the road speed limit), Distracted driving ( either eating, talking on phone, or both), Weather ( fog makes visibility harder and during rainy and winter season the road can be very slippery), Negligence of road signs and traffic light, Improper driving skills, Road races and teenage driving, Deadly curves and animal crossing, Vehicle’s design and a flat tire (especially if the vehicle parts have defects), Bad roads( existence of potholes), Drowsy driver and a raged driver. Therefore, it is very important for every individual to first handedly know the best action to take after undergoing such a serious event that is life threatening.
5 things to do if involved in a car accident
1. Do not panic and Stop your car. During these events, one is not only shocked but also is also induced into a severe state of panic. Whether you are the injured party or the one who has injured another, you need to immediately stop your car and take a moment to breathe and absolve the panic. In most nations its’ illegal to run away from the scene and can lead to severe punishments. Your ability to stay and see the matter through will play a greater favor in the legal system.
2. Asses any casualties and take photographs. You will first need to assess yourself before getting out of the car. If you have sustained any injuries which are not severe and can move out of the car, you may do so. However, if your injuries are too severe and movement would only cause greater danger, it is best to stay still. If your cell phone is in arms reach and you can get it, and call for help immediately. If you are able to move out of the car and have sustained either very little or no injuries, go ahead and assess the whole effect of the casualty and take pictures for evidential facts.
3. Call the police and your lawyer. You will need to do this as fast as you can as there will be people crowding up to the scene and the police will be the best party to strike out the guilty party and determine the next move. Your lawyer will guide you on what you should and should not do or say.
4. Exchange information with witnesses and make records. You can do this immediately after calling the police as you wait for their arrival. Talk to as many willing eye witnesses around the scene of the accident. Write down all information acquired for clear memory and get their contacts.
5. Seek medical attention and protect your rights. Even though you may not have sustained any severe injuries it is best to seek medical attention in order to ascertain that you are in good health or be notified of any health dangers that may have developed due to the event. Call you insurance company to help solve the matter and protect your rights.
Posted in Vehicle Accidents.
The first thing you need to know if you are injured in a car accident is if you or the other driver is at fault. While this might seem fairly straightforward, the fact is that you cannot simply rely upon what you feel or what you have been told. You need to get a copy of the accident report and the if it says that you are not at fault you need to take it to an attorney to verify this. Once you have done this then you can proceed with confidence knowing that you were not at fault in the accident. However just because you were not at fault does not necessarily mean that you have a strong case. You need to take into consideration factors such as any injuries you sustained, and what type of damage your vehicle may sustained. In the event that it was a minor accident chances are that any of your damages may be minimal, which means that going through a lawsuit may not be the best way for you to proceed. However if you suffered any injuries, or your vehicle was damaged then you should definitely consult a Michigan car accident attorney to find out what types of legal options are available to you.
One very important thing to remember is that if you are contacted by the insurance company or an attorney for the other driver you should never talk to them yourself. Once you have sought out an attorney you should refer any questions that they may have for you to your attorney. In terms of what you can actually sue over there are many different things to consider. First, if you were not at fault in the accident then you should be able to receive compensation for any medical bills. You should also be entitled to additional money for pain and suffering, and for any income you lost due to being unable to work. In addition to any medical issues you should also be entitled to have your car repaired so that it is in the same condition it was prior to the accident. It’s very important to remember that you don’t simply have to accept what the other driver’s insurance company offers for your vehicle. You should talk with your attorney and then take your car to an independent auto repair expert to get your own estimate.
Nobody likes to be involved in a car accident. They are painful, dangerous, inconvenient, and usually result in months of legal issues. However if you are in a car accident that is not your fault then you should definitely contact an attorney to find out if you have a good case. If you have been injured then you should be entitled to fair compensation for medical bills, time missed at work, and for pain and suffering. You should also have the right to drive your car in the same condition it was in prior to the accident. Although you may not like the idea of suing someone you need to do what is necessary to protect your rights as an accident victim.
Posted in Lawsuits.