Law Blog

Accidents are a part of life, right?  That’s why they have erasers on the ends of pencils.  Because when you make a mistake you learn from it.  And even if you don’t, in today’s modern society there are all sorts of fail-safes to ensure that even when you screw up, there will always be someone or some way to make it all right again.  Which is why if someone rams into you with their car, you have nothing to worry about.  Other than the increased insurance premium that you’ll likely have to pay, the person responsible for the accident will pay for their mistake, or at the very least their insurance carrier will.  So everything works out in the end, cake and ice cream for all.

Not quite.  According to the latest statistics from LegalMatch, of the cases received relating to automobile accident claims, nearly a quarter of them are against defendants who aren’t insured.  Weird, right?  Seeing as how it’s illegal (in most states) to drive uninsured.  But is that really a surprise?  I mean, when was the last time that making something illegal was able to deter a hundred percent of people from committing the prohibited act?  It’s like training a cat to use the litter box, at some point their instincts will kick in and they’ll want to use something more natural.

LegalMatch’s statistics fall in line with what’s happening on a national scale.  In 2007, it was estimated that about 23 percent of drivers in America remained uninsured.  It’s a pretty frightening statistic considering the average costs associated with a car accident, let alone the cost to simply own a car.  With medical bills on the rise, one bad accident can easily wipe you out if you have no one (or way) to cover.

And don’t think that those of you who are uninsured can get off free either.  Because you’re just as susceptible to everything I mentioned earlier with one exception.  You also get the pleasure of possibly being racked up on criminal charges.  Nice, huh?

Still, like I said earlier, criminal penalty along has never been a perfect method to deter bad apples.  So what is there to do if you’re on the receiving end of a rear-ender from a dead-beat driver?

Well, you better hope your insurance is up to date and that you have good enough coverage to get you through the nightmare that’ll ensued.  You might also want to consider going after the person responsible for your injury by filing a lawsuit.  But as we all know, no one likes to file suit against another person if they can’t get money out of it.  It’s a fruitless endeavor right?  Again, not necessarily.  If someone is broke, they’re broke.  But at the very least you’ll be able to recoup some of your losses.  It may not seem like much, but when you’re in a really bad accident, every little bit counts.  Plus, you also get the satisfaction of having your claim and plight justified before the eyes of the law.

I know, I know, money is still better…

Ever get that feeling when you first slip into the driver’s seat of your car that today’s the day you’ll get into an accident?  That despite all those hours you endured being belittled by your driving instructor, aka mom and/or dad, on the importance of safe driving that your spotless driving record, and possibly even life, may all come to an end because someone was trying to catch a green light or was too busy chatting on their phone?  If you have, then you’re not alone.

According to a new study conducted by the Obvious Police, aka the AAA Foundation for Traffic Safety, over a third of drivers feel less safe driving today than they did in 2004.

What’s gotten people so scared?  Apparently, AAA says it’s you — John Smith (it’s not really due to just that one guy, I just like the image of all the John Smiths reading this collectively furrowing their eyebrows in anger).  Specifically, the report cites drivers who text or email while driving as the numero uno factor causing motorists to feel unsafe, and with good reason.

It’s no secret that texting while driving is incredibly dangerous (second news flash, smoking causes cancer).  What’s surprising is that over sixty percent of people do it and nearly a fifth of drivers do it despite knowing the risks.  Coming in second on the list of fears is distracted driving, e.g. people putting on make-up or writing that big presentation while driving, followed by the infamous cell phone-yapping driver.

The odd part is that the current number of driving-related fatalities in America is actually at it’s lowest since 1961 and has been declining since this wonderful recession we’re (still) in hit. Theories abound as to why this is the case.  Most analysts say it’s the bad economy coupled with high gas prices that are keeping people from driving and opting to bus it everywhere instead.  More aggressive traffic ticketing from highway patrol may be another cause keeping drivers off the road.  And ironically enough fear of getting into an accident due to the aforementioned distracted driver may all play a large part in reducing driving deaths and car crashes, as well.

Our own in-house statistics seem to support this newly reported trend, too.  The number of automobile accident cases received by LegalMatch has gradually decreased since 2004.  An interesting side note is that the number of divorce cases LegalMatch has received have slowly increased in close portion.  Maybe the bad economy coupled with that old adage of strength and comfort in numbers has caused couples to carpool and hence want to scratch each other eyes out.  People, there’s something called personal space, you need it.

Despite the seemingly lower chances of getting into a fatal car accident, the fear of texting cell phone-talking drivers is still keeping many once-proud motorists at bay, or more specifically on buses and bicycles.  Ba-da-bump…  I would recommend that you all have nothing to fear, but I’m just as worried as the majority of Americans.  On the bright side, at least my legs will get ripped from biking 12 miles everyday.

Besides the pimply skin, awkward fitting clothes, and the occasional loud nonsensical mood swing, being a teenager is great.  It’s a carefree time where you feel invincible and the world is full of wonder.  The rare few years where the biggest worry in your life is what you’re going wear to the house party this weekend and whether or not one of the cooler seniors will be able to get their college-bound brother to buy everyone beer.  It’s a time of first kisses, long verbose soliloquies about love, and recognizing that the girl you like the most isn’t the popular cheerleader, but the tomboyish best friend living next door since you were kids.  Where the only music topping the charts are by Paula Cole and Pacey has yet to try and steal said tomboyish best friend from you…

Alright, I’m pretty sure I’m getting my realities confused here.  Amazingly melodratic teenage dramas aside, I think the only thing most of us remember about being a teenager, other than the bad skin, was that we didn’t have to shell out all our cash to pay off a giant pile of bills everyday.  Not me, of course, I worked and therefore lacked a proper childhood unlike all you middle to upper-class kids, you spoiled bunch of…umm… Anyway, my horrible traumas aside, from what everyone tells me, the best part of being a teenager was having a car.  A car meant freedom from your parents and the chance to go wherever you wanted to, and best of all the only costs you ever bore to keep it was the occasional tank of gas and washing it when it got dirty.

And then you got older.

Cars are expensive to keep.  With insurance, gas, and maintenance alone, the average cost of owning a car in America can cost you anywhere between $6,000 to over $10,000 a year.  Not to mention the price of the car itself.  Ha!  Who’s laughing now?  Suddenly a deprived childhood where you have to face the harsh realities of life when you’re 10 doesn’t seem so bad now, huh??  I’ve been prepared, yo.

But by far the worst and most expensive thing about owning a car is the inevitable accident.  The price to resolve one can be astronomical once you figure in not only the damage to the car, but the time you’ll waste negotiating with your insurance company, loss hours at work, and medical bills – not to mention the emotional toll.

The latest statistics from LegalMatch show that the avere medical costs associated with an automobile accident is well-over $100,000 and in some cases can even be in the millions depending on the severity of the injuries.  The average for lost wages is over $40,000, but a really bad accident can sometimes mean losing your ability to work.

So what does this all mean?  Well, I suppose it means that if you don’t happen to be fortunate enough to be born into the top ten percent of our society, one serious car accident can easily wipe you out.  Here are some tips on what to do if ever get into an accident.  And if those aren’t enough to calm your fraying nerves, don’t worry.  That’s why our society invented lawyers.  By far, the best way to resolve a car accident is with the assistance of an experience personal injury lawyer, get one who specializes in car accidents and you should be even better off.  Because remember, even though you probably can’t have mommy or daddy fix your mistakes anymore, you can always get a surrogate parent in the form of an attorney who you can cry your little eyes out to.

Huh?  What?  No, no, I’m not bitter at all.  Why do you ask?

What is an “auto product” you might be wondering? Your steering wheel, your car-seat, and your airbag are all examples of products that come together to make up your automobile. As with any other product, these things can malfunction. In the context of a moving automobile, when these things fail it can sometimes lead to serious consequences. This being America, what do people want to do when they are hurt? Sue!

In the past 12 months LegalMatch.com has been the destination for quite a few people looking for attorneys in their defective auto product claims. I decided to look at what injuries these products were causing, and here is what the data was telling me:

• Anxiety: 19%
• Difficulty sleeping: 14%
• Headaches: 12%
• Nausea: 4%
• Difficulty breathing: 4%
• Cuts and bruises: 3%
• Impaired vision: 2%
• Broken bones: 1%

A little while ago, we had an article debunking the myth that car accident lawsuits were a golden ticket to retirement. In reality, insurers fight these actions tooth and nail. Common injuries that do not exhibit obvious physical marks-such as neck and back pain-make a case more difficult to win.

This sage wisdom is relevant here because most of the injuries listed above aren’t visible. Maybe these folks have a perfectly valid warranty claim, but as far as product liability goes they may have an uphill battle. 

In fact only 6% of the above are the type of injuries that a doctor (and a jury) can see. The rest are based on doctor’s opinions and trusting someone’s word. Of course we all want to take someone’s word for it, but the insurance company that is being told to pay $100,000 because someone can’t sleep at night isn’t going to go down quietly. These plaintiffs should be ready for a fight.

We’ve all heard of people getting into minor fender-benders, hiring an attorney, and suddenly hitting the jackpot.  Some people have even been arrested for purposefully staging car accidents with hopes of making it big. 

My experience has shown: the gold-rush days of auto accident recoveries have long ago passed.  If you get in a car wreck, don’t expect to retire anytime soon.  You’ll likely get some money, but nowhere near an amount you’ll think is fair to make up for all your pain and suffering, inconvenience, and lost time.   

Worse, people with legitimate injuries now must fight for proper compensation from auto insurance companies.  If you get into a car accident, and suffer anything less than a broken bone, prepare for a fight. 

This is bad news for many LegalMatch consumers who have automobile collisions.  I went through and tabulated the most commonly cited injuries they suffered from auto accidents in 2008.  Next to each injury, I cite the percentage of people who cited the ailment when posting their auto accident case on LegalMatch:

1. Neck pain 49%
2. Lower back pain 42%
3. Headaches 39%
4. Shoulder pain 37%
5. Upper back pain 34%
6. Difficulty sleeping 31%
7. Anxiety 25%
8. Cuts and bruises 20%
9. Loss of feeling in part of body 12%
10. Broken bones 10%

Of the thousands of auto accident cases posted on LegalMatch in 2008, it’s not surprising that the most commonly cited injuries are neck and back pain.  Many people in auto crashes suffer traumatic whiplashes from blunt force impacts, which inevitably lead to neck pain and headaches.  And with any of the ailments noted above, they can make it very difficult for someone to sleep properly.         

The only physical manifestations of an injury noted above are “cuts and bruises”, which 20% of people suffered, and “broken bones”, which 10% of people cited.  The rest of the injuries are not visible injuries that a doctor can see.  This makes it very difficult for insurance companies to determine who is telling the truth and really suffering, and who is trying to milk them for an unmerited windfall.