Law Blog

If you have been hurt in a car accident and have hired a personal injury lawyer to help with your case, you’ve already taken the first step to securing a more successful outcome. Below are seven simple things you can do to positively influence your personal injury case. Certainly there are other things your lawyer will request of you, but this list covers the basics of helping your lawyer, help you.

1. Give your lawyer the whole story

The conversations you have with your personal injury lawyer are confidential and protected by attorney-client privilege so you can tell the truth without fear of others finding out. Your lawyer must keep what you say in strict confidence. Don’t omit details about the events in an accident just because they may be embarrassing or you think make you look like you did something wrong. A good injury attorney will take all the facts of your case and know how to present less flattering elements in the best possible light and keep the impact to a minimum. If your lawyer first hears about an important detail that you omitted from the lawyer on the other side, it can have devastating effects on your personal injury case. Caught unprepared, he/she is at a disadvantage in keeping potentially unfavorable facts from hurting your case and it can make it impossible to disprove negative accusations if there is not time to investigate. Be sure to tell your lawyer everything and answer all questions truthfully.

Since you hired a personal injury lawyer, you must have an injury. Therefore, getting well should be your first priority. You can’t do that if you aren’t going to the doctor or aren’t following your doctor’s recommendations for treatment or therapy. If you miss your doctor appointments, you are telling the other side that you must not be hurt and therefore, don’t need any compensation for your injuries or medical bills.

3. Don’t talk about your case with anyone but your lawyer

Don’t tell your friends, family or coworkers about your personal injury lawsuit. Insurance companies will try and manipulate things you say and use them against you to reduce the compensation paid. This includes not mentioning your case on your blog, Facebook, MySpace or Twitter. See #4 below.

4. Put a hold on Facebook and Twitter

What you say in a post, tweet or status update can reveal a lot of about your activities and state of mind. If you are claiming serious injuries, but tweet about an upcoming deep sea fishing trip or post photos of you learning to snowboard, you can be sure an insurance company will find them and use them against you. Insurance companies are not above sending private investigators to physically follow those claiming injuries and following someone in cyberspace is just as easy and effective. Don’t rely on privacy settings of social media applications to protect you. It is better to avoid making any updates until after your case has closed. Learn more about social networking and personal injury cases.

5. Supply all requested documents on time

You will need to fill out a variety of forms and provide insurance and medical documents periodically to your personal injury lawyer. Return any forms fully completed and provide documents in a timely manner to keep your case progressing and help your lawyer meet any filing deadlines. The legal process will naturally take long enough, see #6 below. Don’t add to that by taking extra time to provide requested information after your accident.

6. Be patient

After a car accident, collecting necessary information such as police reports, information from witnesses, and paperwork from doctors takes time. Additionally, when injuries are involved there must be a confirmation and stabilization of medical conditions so time must pass while you receive medical tests and start to heal. Naturally, the insurance company will drag its feet before making any payments. Do not plan on getting a check in a week. If a personal injury lawyer tries to quickly settle your case you could lose out on all the compensation you may be entitled to receive.

7. Ask questions

If you don’t understand something about your personal injury case, ask your lawyer to explain it. You should be aware of status of your case and what to expect along the way. This is YOUR CASE. The more you understand, the better you can participate and help your lawyer and your case.

8. Listen to your lawyer

You chose an experienced personal injury attorney because he/she can use the law to help you maximize the compensation you can receive for your injuries, lost wages and other pain and suffering after your car accident. What a lawyer may ask you to do (or not do) or the information you are requested to provide is based on their experience and knowledge of the law. For that reason, you should listen to your lawyer and cooperate with requests in order for you to secure the best possible outcome after your accident.

The above is from the web site of personal injury lawyer Jason Krebs http://www.springfieldinjurylawblog.com/promo/about/ from Springfield ,MO.

Warm weather during the summer months results in more and more motorcycle owners taking to the roads. Motorcycle accidents are a very real threat with potentially deadly effects for riders who must navigate our roadways with constant vigilance towards cars, trucks and other hazards.

Early last month an accident in Nashville involving a motorcycle resulted in the death of a Kentucky woman. Like so many deadly motorcycle accidents, this incident involved an automobile being driven by a woman who paid very little attention to road safety principles. Officers said Krista Hindahl, 42, was riding on a Harley Davidson motorcycle being driven by her husband, Jeffrey Hindahl, 49. The couple was headed eastbound on Highway 100 near the Loveless Café when the driver of a PT Cruiser, Shirley Tucker, 58, made a prohibited left-hand turn in front of them. Officers said the motorcycle crashed into the driver’s side of the car, and both riders were thrown onto the roadway. Police said Krista Hindahl was run over by the car and died at the scene, while her husband was transported to Vanderbilt in stable condition.

So what are the main causes of motorcycle accidents?

The only major work done on this subject in the USA is the Hurt Report, published in 1981 with data collected in Los Angeles and the surrounding rural areas. There have been longstanding calls for a new safety study in the US, and Congress has provided the seed money for such a project, but as yet the remainder of the funding has not all been pledged.

The Hurt Report concluded with a list of 55 findings, as well as several major recommendations for law enforcement and legislation. Among these, 75% of motorcycle accidents involved collision with another vehicle, usually a car.
Other notable findings in the Hurt report (quoted below) were:

• 75% of accidents were found to involve a motorcycle and a passenger vehicle, while the remaining 25% of accidents were single motorcycle accidents.
• “In the single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of the cases, with the typical error being a slide-out and fall due to overbraking or running wide on a curve due to excess speed or under-cornering.”
• “Almost half of the fatal accidents show alcohol involvement” and “injury severity increases with speed, alcohol involvement and motorcycle size.”
• In the multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.
• The report’s additional findings show that the wearing of appropriate gear, specifically, helmets and durable garment, mitigates crash injuries substantially.
• “Vehicle failure accounted for less than 3% of these motorcycle accidents, and most of those were single vehicle accidents where control was lost due to a puncture flat” and “Weather is not a factor in 98% of motorcycle accidents.”
• “The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents… Conspicuity of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps-on In daylight and the wearing of high visibility yellow, orange or bright red jackets.”

• Share the road. A motorcycle has the same privileges as any other vehicle on the road. Be courteous and give the motorcyclist a full lane of travel.
• Look out. Look for motorcyclists on the highway, especially at intersections when a cyclist may be making a turn or changing lanes. Clearly signal your intentions.
• Anticipate a motorcyclist’s maneuvers. Obstructions (debris, potholes, etc.) that you may ignore or not notice can be deadly for a motorcyclist. Anticipate their possible evasive actions.
• Allow plenty of space. Do not follow a motorcycle too closely. Allow enough room for the motorcyclist to take evasive actions.

• Make yourself visible. Choose protective gear that provides visibility and protection. This includes wearing bright colors. If riding at night, wear clothing with reflective materials.
• Allow space. Position your bike in the lane so that you can be seen. Allow additional space for emergency braking and room to maneuver. Avoid riding in a motorist’s blind spot. Make lane changes gradually and use appropriate signaling.
• Never share a lane beside a car. A driver may be unaware of your presence. Most drivers are looking for larger vehicles, not motorcycles.
• Clearly signal your intentions. Use turn signals before changing lanes and never weave between lanes.
• Wear protective gear. 
• Helmet – Always wear a U.S. DOT-approved helmet. In Tennessee it’s the law.
• Eye protection – Visibility is key to riding safely. Many motorcycles do not have windshields. Riders should protect their eyes with goggles that can shield the face from wind and debris, both of which can cause tearing and, blurred vision.
• Body Protection – Jackets with long sleeves and well-fitting abrasion resistant pants.
• Gloves – Durable gloves should be a non-slip type to permit a firm grip on controls.
• Footwear – Proper over-the-ankles footwear should be worn to help prevent injuries.
• Complete a motorcycle rider education and training course. The overwhelming majority of motorcyclists have had no formal training. Get professional training on how to be a defensive driving motorcyclist

From the legal standpoint, it is imperative that both motorist and cyclist not only obey state driving laws but also take every reasonable precaution to maintain a safe driving environment. Lawsuits stemming from accidents involving cars and motorcycles follow the same negligence principles and theories of liability as all other personal injury cases. However, such accidents usually result in far greater and serious injuries to at least on of the parties, that party is almost invariably the motorcycle rider.

For more information on motorcycle safety please visit the following websites:
http://www.nhtsa.gov/people/injury/pedbimot/motorcycle/motosafety.html and http://www.nhtsa.gov/people/injury/pedbimot/motorcycle/00-nht-212-motorcycle/appendix_a-81.html