Vehicle accidents generally occur as a result of human error in the operation of vehicles, the design of roads, and the manufacturing and maintenance of vehicles. Vehicle accidents can include 18 wheeler accidents, bus accidents, truck accidents, and passenger cars and vans. Lawyers role in society is to make it better and generally speaking they do.
Young people and the elderly cause a disproportionately high number of vehicle accidents. The young because they are careless and the old because their bodies are just not as good as they used to be. For the most part speed is the principal cause of vehicle accidents. The elderly react much slower than younger people and have to be driving substantially slower to keep from colliding. The elderly generally don’t speed, but speed limits for the elderly may be too fast, because they simply don’t re-act fast enough.
Younger drivers are not too familiar with the consequences of driving recklessly, but learn after a few traffic tickets and as they watch their insurance premiums rise. Many drivers drive cautiously because of the potentially higher insurance premiums. Often drivers want to keep vehicle accidents hidden and offer to pay for damages out of their own pocket. These type of arrangements following a vehicle accident is very common, but often back fires on the injury victim. The injury victim often does not realize the severity of the injury until several hours later when they realize they can barely move.
The person causing the accident often finds himself in a lawsuit despite the best efforts to keep the vehicle accident secret from the insurance carrier. Insurance companies then use the accident as an excuse to raise the insurance premium. Insurance companies are quick to point the finger at personal injury lawyers as the primary reason for raising insurance rates. Studies contradict these views. Vehicle accidents are caused by careless drivers, poor manufacturing of vehicles, and poor maintenance of vehicles, not the personal injury lawyer. The personal injury lawyer simply advocates the rights of the personal injury victim.
What is interesting is that statistical data shows the number of personal injury lawsuits has actually been dropping over the last 5 years. This has been primarily a result of safer cars. Cars are safer as result of many personal injury lawsuits brought against car manufacturers for defective vehicles. Car manufacturers often use statistical analyzes to determine whether it is more profitable to release defective cars into the market and pay out on lawsuits or to recall and fix the defects. Once again personal injury lawyers serve guard dogs and protect consumers.
If you read some former auto manufacturer’s you might come across complaints about how attorneys sue the car manufacturer following vehicle accidents and how they were forced to make cars safer. Make vehicles safer is apparently an evil, when you are running a profit focused corporation. Personal injury attorneys rarely sue car manufacturers, but when they sue is for a good reason -the vehicle is defective and it caused injury.
Personal injury laws are not designed to make people wealthy, you simply don’t get rich following an accident. The law puts you back where you should have been and this is what personal injury attorneys do. Lawyers help personal injury victims to regain their life and to be where they should have been. The $1 million dollar settlement usually follows very severe injuries or death. If you suffer an accident an were struggling to make a living, chances are you will be in the same situation right after a jury verdict.
Personal injury attorneys have been instrumental in making lives safer. Corporations complain about having to make product’s safer, because it is often less profitable to do, but in reality, personal injury attorneys force businesses to stay in business by forcing them to stay out of trouble.
In short personal injury lawsuits following vehicle accidents are fewer in number and personal injury claims are down, because among other things vehicles are safer.
By: Arnold Hernandez
Posts Tagged ‘Insurance Premiums’
Vehicle Accidents and the Role of Lawyers
January 12th, 2010Car Accident – Do You Need a Lawyer?
November 20th, 2009
The need for a lawyer in a car accident typically depends on the circumstances surrounding the event. However, in view of a highly litigious environment, it is essential to look at the degree of the car accident and judge accordingly. A simple fender-bender can be settled through your insurer but an accident involving bodily harm or injury may require a lawyer. If no one is hurt, then one can usually do without the services of a lawyer.
The need for a lawyer will thus arise if one has suffered some kind of permanent injury as a result of the car accident causing loss of time away from work, school or household chores. In such an event you may want to consult a lawyer for representation in a claim against the person responsible for such injuries.
An attorney or a lawyer that deals with personal injury is who you need to contact for getting your case resolved. There are some cases that need the immediate attention of a lawyer such as:
Serious injuries resulting in broken bones, permanent injuries and hospitalization. The result of the car accident is death. When there are other parties involved like pedestrians and other vehicles. The question of who is at fault has not been adequately answered. Inaccuracies in the police report making you the party at fault. Involving technical, medical and legal issues. Insurance matters like low limit on liability insurance, having no insurance, not having paid insurance premiums and problems with the insurer himself.
In some other cases, an attorney can be helpful but not necessary are:
Seeking advice on settling a claim, handling negotiations with an insurer Requiring clarifications on terms of policy and confused on what rights you may or may not have Seeking expert advice for paperwork Determining if insurer is acting in bad faith. When fault is an issue.
If there is an insurance claim process, it might necessitate the hiring of a car accident lawyer. Typically, lawyers in their advertisements will urge you to contact a car accident attorney so as not to lose your right to sue at a later date. They however, hardly ever specify the circumstances under which you would be required to do the needful. So then, how does one decide whether or not the advice of a car accident attorney is necessary.
Usually, the clear-cut claims do not require much advice or consultation from a car accident attorney. This would be in cases where the liability has been clearly defined and the person has admitted his fault, wherein injuries are only minor and medical and other expenses are negligible. It would also be applicable if there are no extenuating circumstances requiring investigation such as uncertainties about insurance coverage, questions about statute of limitations, previously existing injuries to the same body parts and complicated accident scenario. Most people do not know of these problems when they happen and prefer to handle their claims on their own and only later realize the need for a lawyer to clear out the mess.
The car accident lawyer will help when you are uncertain as to who is liable, how to handle your claim or even when you are unsure of negotiating your own settlement. Similarly, if the adjuster asks you to provide medical records prior to the accident, or makes you an offer that is not in consonance with your claim or even offers to pay you in parts rather than a lump sum, you may need to consult a lawyer for further clarifications.
It is however imperative that you consult a car accident lawyer when:
The insurance company denies your claim You are seriously injured with huge medical bills or have only residual disability The injured person is a minor Your claim is valuable but proof of loss is intangible Liability is in question Complicated facts and circumstances surrounding your accident The injured party has slapped you with a lawsuit.
By: William Brister