Distracted Driving and Car Crashes

Car Accident Lawyer

The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system – anything that takes your attention away from the task of safe driving.

Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, it’s like driving the length of an entire football field with your eyes closed.

You cannot drive safely unless the task of driving has your full attention. Any non-driving activity you engage in is a potential distraction and increases your risk of crashing. According to a car accident lawyer Phoenix, AZ trusts, there are three main types of distraction:

  • Visual: taking your eyes off the road;
  • Manual: taking your hands off the wheel; and
  • Cognitive: taking your mind off of driving

NHTSA states that 3,450 people were killed in 2016. 391,000 were injured in motor vehicle crashes involving distracted drivers in 2015.

During daylight hours, approximately 481,000 drivers are using cell phones while driving. That creates enormous potential for deaths and injuries on U.S. roads. Teens were the largest age group reported as distracted at the time of fatal crashes.

Regarding adult and teen drivers, drivers under the age of 20 have the highest proportion of distraction-related fatal crashes. Students who reported frequent texting while driving were also less likely to wear a seatbelt, more likely to ride with a driver who had been drinking and more likely to drink and drive.

Many state  drivers’ license manuals, like Arizona’s state that a driver must avoid distractions while driving, such as:

  • Using a phone, texting or using other electronic handheld devices.
  • Searching for an item dropped on the seat.
  • Tending to children.
  • Fastening a safety belt while driving.

Further, there is a potential crash in every minor distraction, pull off the road safely and stop if you are going to use a cell phone or send/receive a text message. Use of these devices while driving may result in a distracted driving behavior, and is dangerous. While operating a motor vehicle, both hands should be on the steering wheel, to allow the driver full control of the vehicle.

AAA has reported on the continuing research regarding the issue of the dangers of distracted driving, and drivers’ use of hands-free technology.

A University of Utah study cited by AAA confirmed that drivers using voice commands to send and receive text messages experienced significant levels of mental distraction, which compromised their driving performance.

Some activities, like listening to a text or an email, are less demanding than composing a message, and some voice activated tasks of short duration are less distracting than tasks of longer duration.

However, the point is that hands-free technology does not minimize all driver distraction, and it may increase it. Cognitive distraction, or plain and simple mental overload, occurs when a driver takes on too many or complicated tasks.

According to AAA, the number of vehicles with built in “infotainment systems” on American roads is expected to rise from 7 million today to 370 million by 2020.

AAA confirms that hands-free isn’t distraction or risk free, the safety of all of us is at stake.



Thank you to our friends and contributors at the Law Office of Paul Englander, PLC for their insight into car accidents and personal injuries.

Truck Accident Injuries Suffered by Passenger Car Drivers


Truck Accident Lawyer

As an attorney understands well, the injuries a passenger driver may suffer from after being hit by a commercial truck can be very painful and costly and can empathize with how much stress and devastation you may be experiencing after such a collision. Accidents that occur due to a negligent truck driver can be truly tragic, where multiple lives could be lost or impacted forever.

We have realized that many people do not know just how much compensation they may be entitled to after being the victim in a commercial truck accident. If the trucker was at-fault for the wreck, you may be able to recover expenses related to medical bills, loss of wage, costs for car repairs, and more. This is where an attorney can be of help, as we can provide you with advice on how to file a lawsuit against the truck and trucking company for what happened.

Here in the article below, we have listed a few of the top injuries victims of commercial truck accidents may suffer from in the hours or weeks following the incident.

#1 Broken Bones

Depending on where the passenger car driver was hit, he or she may endure broken bones in different areas of the body. If the commercial truck squashed the front end of the car, the driver’s feet, legs, toes and knees could have been broken. If the car driver was plowed into on the left side next to the driver’s seat, a broken arm, wrist, hip or pelvic bone could suffer a breakage.

#2 Whiplash

Whiplash can happen in very small accidents, as well as very severe collisions. If the neck and head was suddenly jolted forward and backward due to the force of impact, painful and debilitating whiplash could result. Whiplash may not always require emergency medical attention. However, the care to treat a serious case of whiplash could last months or longer. The victim may need surgery, physical therapy and continued chiropractic care in order to heal.

#3 Mental Trauma

A passenger car driver that was hit by a commercial truck going very fast may start to develop fears and anxieties about getting back into the car afterwards. The victim may require therapy and medication to help treat newly evolved depression, panic attacks or post-traumatic stress disorder due to the collision. If you are struggling with difficult emotions or thoughts after a truck accident, speak with your doctor so you can receive the treatment you need to get better.

A Las Vegas truck accident lawyer can meet with you to talk further about how the commercial truck accident occurred and help you get back to the health and financial stability you were prior to such a horrible accident.



Thank you to our friends and contributors at Nadia Von Magdenko & Associates for their insight into truck accidents and personal injury.

What should I know about the time constraints for filing a medical malpractice claim?

Personal Injury Lawyer

If you were injured because of an error or mistake made by a doctor or medical professional, you might feel as if you should “wait and see” what happens with your injury before pursuing your legal options. On the other hand, you might feel confused and overwhelmed about the idea of filing a claim; therefore, be reluctant to doing anything even though you know deep inside your doctor made a mistake. This might be the easiest way to handle a situation like this, but it is certainly not the smarted.

Under state laws, you are required to pursue legal remedies for medical malpractice within a certain time period. This is known as the statute of limitations. If you miss this deadline, which is typically between one and three years, depending on the state and type of claim, you may not be able to recover compensation. This is regardless of the merit of the claim and how much you have lost.

In general, even though medical malpractice falls within personal injury law, the statute of limitations are often shorter than other types of personal injury torts. Even if you’re unsure about whether or not you have a claim, or want to pursue one, it may be in your best interest to consult with a medical malpractice lawyer as soon as possible. If legal action is recommended, your opportunity to recover damages may be preserved from here on, out.

When Does the Time Constraints Begin in a Medical Malpractice Case?

Every court, and state, has a different view on exactly when the statute of limitations begins on a medical malpractice case. The difference of these views is a reflection and an interpretation of how the statute is actually written. Furthermore, it may reflect the court’s’ opinion on the merit of the case and also the importance of protecting the victim versus safeguarding the medical professional.

In our experience, some courts state that the statute of limitations for filing a medical malpractice case begins immediately after the occurrence of the act, or upon the plaintiff claiming that an error has occurred. Other courts have said that the time limits start when the malpractice actually causes further harm. Another view from the court has ruled that the deadline begins as soon as the plaintiff discovered, or should have discovered, an injury occurred because of a medical error. Finally, it is possible for the courts to say that the statue begins as soon as the treatment is finalized.

If the victim of medical malpractice loses their life, the statute of limitations becomes even more complex. At this point, the court would need to decide whether or not the statute pertaining to a wrongful death applies, or will the time constraint be associated with medical malpractice statutes. After this is decided, the court will need to further discuss the action that triggered the statute of limitations. This might be as soon as the plaintiff died or when the alleged action that caused the death occurred. This time could be significantly different.

A court might also state that the statute starts when the plaintiff discovered the injury, or should have discovered the injury, that eventually led to the death was the result of malpractice. Finally, in the matter of a loss of life, the court could rule that the statute of limitations begins from the date of the last and final treatment. This would not necessarily mean the date of death, but could be days, weeks, or months before the plaintiff died.

Even though statute of limitations for medical malpractice cases can clearly be found online, for every state, there are a number of specific circumstances that can change the limits for filing a claim. You should talk with a personal injury attorney Longwood, FL trusts to find out exactly when the deadline is for your own case.




Thank you to our friends and contributors at David & Philpot, PL for their insight into personal injury and medical malpractice cases.

Tips for Homeowners to Prevent Personal Injury Claims

Homeowners have a duty of care to ensure that visitors to their property are not injured in an accident. The last thing any homeowner wants to face is an accident that they may be responsible for. Here are some tips for homeowners when it comes to preventing accidents and preventing personal injury claims:

Tip #1

Although it may not prevent the likelihood of a personal injury claim or lawsuit, make sure that you have a strong homeowner’s insurance policy in place. Take the time to research policies, you will want to make sure that you are covered in the event of a personal injury claim. Know what your policy covers and take the time to learn if there are any steps that might be taken to reduce your rates.

Tip #2

Make sure that you are prepared in case of an emergent. Have a clear plan for evacuation from the home if faced with a disastrous situation. A homeowner should have a plan for how they will manage a situation that may be hazardous.

Tip #3

If you have a pool in your yard, your property is equipped with what is known as an attractive nuisance. It’s possible to enjoy your pool safely and prevent others from sustaining injury by taking certain precautions. You can do this by:

  • Making sure there are no cracks or problems with your deck or stone patio. This will mitigate accidental falls.
  • Keep your pool fenced in with a gate that prevents trespassers from entering
  • Keep the area surrounding your pool well lit
  • Remove any toys from the pool area when it is not in use to prevent children from being drawn to it.

Building a Successful Personal Injury Case Against a Homeowner

In most cases, accident victims may start with filing a personal injury claim against the homeowner’s insurance company. In order for an accident victim to bring forth a successful personal injury case, their claim must make up the following key elements:

  1. Duty of Care
  2. The Duty of Care was Breached
  3. Causation
  4. Damages

It will be key to gather evidence relevant to the case as the victim will need to be able to support their claim with proof. Some key pieces of evidence an attorney may help to gather include:

  • Photographs of videos of the accident or area where the injury occurred.
  • Photographs of the injury
  • Medical Records
  • Proof of financial suffering
  • Proof of lost wages
  • A written account of the accident
  • Any statements for those who witnessed the accident

It can seem overwhelming for an accident victim, especially when it comes to gathering evidence. An attorney can review the case and guide accident victims in the steps needed to take action and the evidence required to support an accident victim’s claim.  

If you or someone you know has been injured on someone’s property, you may be able to take legal action against them if you are able to prove that they were liable for your injuries. Often, a consultation with a personal injury attorney comes with little risk. Speak with a personal injury lawyer Miami, FL relies on today for help in determining whether you can take action against the person whose property you were injured at.




Thank you to our friends and contributors at the Law Offices of Needle & Ellenberg, P.A. for their insight into personal injury claims.

Family Responsibilities Discrimination in the Workplace

Discrimination in the workplace based on the real or perceived responsibility of an employee to care for their family is called Family Responsibilities Discrimination (FRD). Examples of such discrimination include if an employee is denied a promotion, paid less, harassed, or has other action taken against them based on these responsibilities. The responsibilities could include caring for a spouse, parent, or children or any differently abled or ill family members. It can affect almost any employee in any job and may also include discrimination against people based on marital status. Here is some key information on FRD and who it affects.

Examples of FRD

  • Firing pregnant women because of pregnancy or because they may take maternity leave.
  • Refusing to promote pregnant women, women with young children, or giving promotions to people without children over parents.
  • Being accommodating with parent’s work schedules while giving nonparents flexibility.
  • Fabricating reasons to dismiss employees because of their responsibilities.
  • Promoting single men over others.
  • Giving penalties to workers who have legally taken time off to care for family.

Discrimination Against Women

Although it can happen to anyone, women with children are the most likely to be affected by FRD. They are less likely to be hired, promoted and are offered around $10,000 less in compensation than males for the same position.

However, men may face discrimination as well. If a man faces responsibilities for care, then they may have leave requests for child care or medical care for a family member denied. They may also be denied promotion if their employer is aware of their ill or differently-abled family member.

The Effects of FRD on Businesses

One consequence of a business that takes illegal FRD actions can be a high employee turnover rate. Another is the likelihood of litigation being brought against them for their discriminatory practices.

Businesses should have a system in place to prevent FRD. Hiring, promotion, attendance, benefits, and leave policies should all be reviewed by the employer to make sure they are legal and positive for employees. The human resources team should be trained to handle FRD complaints and know the signs of FRD policies. All FRD complaints should be taken seriously and handled with care.

Attorney Assistance

If you believe you have been discriminated against by your employer because of your family obligations, hire a family lawyer Tampa, FL trusts to represent you if you want to pursue legal action. Thankfully, most lawyers provide a free consultation, so a lawyer can discuss your unique case with you and advise you on the best path for you.


Thank you to our friends and contributors at The McKinney Law Group for their insight into the workplace and family law.

Responding with Diligence After a Car Wreck

Every time a driver gets out onto the road, they are at-risk for being involved in an accident. Sadly, sometimes these incidents arise even if a driver does his or her best to avoid a collision. Other drivers may be speeding, weaving in and out of traffic or just not following the rules of the road. When an innocent driver gets pulled into a car wreck and suffers injuries and financial losses, the next best step can be to meet with an attorney for guidance.

In the article here, we have listed some suggestions for how to handle a car accident with diligence while at the scene and afterwards.

The Urgency of Medical Attention

An innocent driver may want to be evaluated by an emergency medical team while at the scene, even if he or she believes to feel okay after impact. Our body may become surged with adrenaline and other hormones due to going through a traumatic event. These hormones can hinder our ability to notice which areas hurt. That is, until a much later time once our system has calmed down. If you have sustained a serious underlying injury and do not get medical attention promptly, your condition could worsen to critical levels.

Another reason why you may want to go to the doctor right away is because if you do decide to file a lawsuit against the other driver, it may look poorly if it took you weeks to see get medical care after the crash. It may be viewed by insurance representatives that your injuries were not as serious as you so claimed. If you do get treatment, keep an organized record of your bills, exams and diagnostics. These documents can be helpful when you meet with an attorney for advice.

Exchanging Information

When in the midst of a very terrible accident, sometimes a driver may forget about the importance of exchanging information with the other person. The driver at-fault may be sneaky when it comes to giving you their details. For example, they may give you a nickname instead of their birth name, a false last name, or an incorrect address. When asking for the driver’s information, request to see their drivers license for yourself instead of taking their word for it. The facts you should get from the driver who hit you include the following:

  • First and last name
  • Current address
  • Phone number
  • Insurance company name (request to see card)
  • Driver’s license number
  • Vehicle make/model/year/color
  • License plate number

A car accident lawyer Staunton, VA relies on can understand just how much strife you may be going through after the wreck. You may have to deal with getting your car fixed, contacting your insurance company, healing from injuries and may even be out of work due to your condition. Let your attorney help you get back on track and be a resource as you file a lawsuit against the at-fault driver.




Thank you to our friends and contributors at MartinWren, P.C. for their knowledge about car accidents and personal injuries.

How are Personal Injury Settlements Accounted for in Probate?


Probate can seem like a dreaded process for a beneficiary or estate executor. Chances are, you will want to make sure assets are secured for beneficiaries. Probate can be stressful because many worry that assets will be overtaxed or debts will be so large that there is nothing left when it’s time to finally disperse assets. When a loved one takes the time to carefully plan their estate with an attorney, they can ensure that assets are secured for beneficiaries and are provided to them in a timely manner. Perhaps one thing that many worry about is how an award from a personal injury settlement will pass through probate, if at all.

The Purpose of Probate

Probate allows for an executor to legally and officially transfer assets to beneficiaries. Probate also ensures that the process occurs in a legitimate manner by having the court system validate the will of the deceased and confirm the executor of the estate. In the absence of a will, a probate just may appoint an estate executor to distribute assets to beneficiaries. In some situations, they may even make decisions regarding the process. Probate involves the following key elements:

  • Validating the will
  • Identifying the estate executor
  • Giving notice to family and debt collectors who may have a claim
  • Paying off all debts carried by the decedent and completing their income taxes
  • Distributing assets to beneficiaries

One of the biggest questions executors and beneficiaries often have are the details surrounding which assets must pass through probate and which are exempt. Assets that are required to pass through probate include:

  • Anything that was solely owned by the person who passed away

Assets that may be able to avoid the probate process include:

  • 401K and other retirement accounts (as long as there was a named beneficiary)
  • Pensions
  • Jointly Owned Property
  • Payable on Death Accounts (POD) such as a bank account
  • Transfer on Death (TOD) assets such as boats or cars
  • Pensions

An attorney may take on the helpful role of looking at the will and assets of the estate and determining which assets may be protected from probate. It’s always a good idea to participate in estate planning early on to ensure that you and your attorney are able to make plans around assets and how they may be disbursed in a way that allows for you to avoid probate.

Personal Injury Settlements

By accounting for a personal injury award during the estate planning process can not only help to ensure that there is a clear plan in place; but also to mitigate the taxes you may be required to pay. Ensuring that there is an estate plan in place for a personal injury settlement is key when distributing assets. Amongst grief, the last thing anyone wants to manage is contentious relationships and squabbling over a loved one’s assets. How you invested or used your settlement award will play a significant role in whether you must endure the probate process. If your settlement was in an account that was payable on death (POD) or an investment account that was transferable on death (TOD), the award may not have to go through probate.

Ensuring that assets are secured and accounted for during the probate process and beyond will be essential for beneficiaries. Although the death of a loved one can be an incredibly sad time for family and friends, it can also be stressful, especially if complications arise during the probate process. An estate planning lawyer Abingdon, VA trusts can be helpful in securing assets, protecting some from probate and helping an estate executor to manage the probate process.



Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their knowledge about probate and estate planning.

What Are Ways to Practice Defensive Driving?

Drivers may want to consider practicing defensive strategies when sharing the road with others. The defensive approach encompasses the idea of making driving decisions that can help save your life, money and time despite how others may be operating their vehicle around you. We can only be in true control of ourselves while driving. If we can utilize defensive tactics, we can help decrease our chances of being involved in a tragic car accident. In the article here, we have answered the common question: What are ways that I can practice defensive driving? Please read on to find out more!

#1 Looking Ahead, Not Just Right in Front of You

Many drivers who are new to the ways of the road may form the habit of only looking directly in front of their car while driving. Look ahead as far as you can, just in case there is a construction zone, recent car accident or other hazard that you must avoid. It is best to get the big picture by taking in the entire road ahead of you, including the sides and back too.

#2 Prepare for Emergencies

The majority of drivers at one point or another may have an unexpected situation unfold before them while driving. An animal could dart onto the road, or an accident could arise right in front of you.  If we drive often we may even become complacent and go into autopilot mode. Being alert and aware to the surroundings at all times can help a driver swerve safely and avoid being part of a terrible wreck.

#3 Keep a Safe Distance

It can be quite risky to follow too closely behind another vehicle that is in the same lane as you. If a driver were to slam on his or her breaks to avoid an emergency up ahead, you could easily plow right into the bumper. They say that drivers should be three solid seconds behind the car in front of them. How you can judge this distance is by using a visual cue on the road. Once the driver in front of you has passed that marker, you start counting to three. When you reach the marker, you should have been able to count up to three or more.

#4 Eliminating Distractions

Before starting the engine, put away all possible distractions. Such items could be your cell phone, purse, food or anything else that could pull your attention away from the road. Driving while distracted can be a huge contributor to serious accidents, as all it takes is a fraction of a second to become completely unaware of your environment.

What if I was driving safely, but another car hit me anyways?

Sometimes, we do our best to avoid a car accident but we end up in one anyways due to another driver’s carelessness. Innocent drivers may wonder how they can seek compensation for their injuries and vehicle damages. Many drivers may decide to meet with a car accident lawyer Memphis, TN trusts about filing a civil lawsuit to recover costs for medical bills, car repairs and loss of pay from not being able to work.



Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for the insight into auto accidents and personal injury.

Drunk Driving Wrongful Death Law Firm


Even with strict laws and harsh penalties, drunk driving continues to be a problem in the U.S. According to statistics, up to 3 in 10 road accident casualties involve alcohol or drugs. When someone dies because another party is driving while intoxicated, the drunk driver should be held responsible. If you lost someone you loved and cared about in a vehicular accident that involved drunk driving, you should call a wrongful death lawyer.


DUI Wrongful Death


By law, when a drunk driver kills someone he or she can be criminally prosecuted by the district attorney. It might also be possible to file a civil claim or lawsuit against the party. This would entitle you to financial compensation to cover the costs of any medical expenses, funeral costs, loss of income, pain, suffering, and more. By holding the drunk driver both legally and financially responsible, you can feel peace of mind in knowing justice was sought. While criminal charges and a civil claim cannot bring back your loved one, it can add closure to this situation.


What You Should Do After Losing a Loved One in a DUI Accident


Following the loss of a loved one to a careless drunk driver, you will likely be overwhelmed with emotions. As numb as you might feel, and as difficult as it might be to think clearly, it is important to take the necessary steps:


  1. Secure any evidence you think could be useful. This includes pictures of the scene, copies of medical and phone records and police reports, contact details of witness statements, and so forth. A lawyer might use this information to build a case.


  1. Do not speak with any insurance companies apart from your own. The liable party’s’ insurance company might contact you for an immediate settlement. It is advisable to avoid this conversation until you have spoke with a lawyer.


  1. Call a wrongful death lawyer. The sooner you get help from a respected wrongful death lawyer, the better the situation may be. Lawyers have access to monetary resources, reconstruction experts, expert witnesses, and more. Our firm works with these professionals to conduct an independent investigation; thereby, ensuring you get maximum compensation.


Considerations When Claiming Damages Related to a DUI Wrongful Death

Prior to making a settlement, your lawyer will need to determine who can pursue a wrongful death claim and what they may be entitled to. Typically a spouse, legal partner, child, or parent can file a claim. Damages will depend on factors such as:


  • Whether the deceased provided financial support to the family. If so, the claimants may recover compensation that replaces a lifetime of income.
  • Whether the family members have lost companionship, love, or care; also known as loss of consortium.
  • Whether the deceased was given medical care or treatment following the DUI accident. If so, compensation for medical costs should be recoverable.


A lawyer will also likely seek funeral and burial costs and punitive damages. These are special damages that involve monetary recompense meant to punish the liable party for his or her deplorable actions.


Call a DUI Wrongful Death Lawyer Today to Get the Justice You Deserve


Losing someone because another person was driving while intoxicated can be upsetting and fuel a mix of emotions. Your life could be changed forever, and knowing that this could have been prevented might be devastating to think about. Our wrongful death lawyers know what you may be going through and want to help. We work on a contingency fee basis which means you pay nothing upfront, and only if we win. To find out what options are available, call a wrongful death lawyer today.


Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into wrongful death cases.


What are the family’s rights in a wrongful death lawsuit?

If you lost a loved one because a person or company acted recklessly or negligently, your family may have the legal right to seek compensation as a form of justice. With the help of a wrongful death lawyer, you may be eligible to file a wrongful death lawsuit against the party who caused your family member’s death. Schedule a free consultation with our wrongful death lawyer to discuss your legal options. Below is a general overview of the laws involving litigation for a wrongful death.

What is a wrongful death?

Wrongful death statutes allow for a representative of a deceased victim or their estate to file a lawsuit for civil damages. Depending on the circumstances, damages might include grief for the loss of the loved one, medical costs associated with treating the victim’s fatal injury, and more. When a family works with an experienced wrongful death lawyer, the family’s damages will be itemized and detailed as part of the lawsuit.

Recovering Damages

As mentioned, damages associated with the loss of a loved one will be submitted to the judge and jury as part of a wrongful death lawsuit. It’s an unfortunate fact that no matter how large a settlement might be, nothing will reverse events and bring back the family’s loved one. However, a fair settlement offers the family the opportunity to pay for the financial damages so that they are not burdened with the cost of paying for the funeral and other costs. In many cases, the guilty party is additionally punished with having to pay punitive damages. This can bring some sense of closure to a family because punitive damages send a clear message that such abhorrent behavior is not acceptable.

Eligibility for Filing a Wrongful Death Lawsuit

The laws surrounding wrongful death lawsuits limit the plaintiffs to a narrow group of people. A wrongful death lawyer can provide additional clarity but as a general rule, the person who files the lawsuit must have been financially dependent in some way on the deceased. Usually, a court will rule that persons related to the deceased in the following order are eligible to pursue legal action against the at-fault party:

  1. Spouse, common law spouse, etc.
  2. Financially dependent children.
  3. Financially dependent siblings.
  4. Parents of a deceased fetus. (This is not always applicable so be sure to consult a wrongful death lawyer in your state.)

Possible Defendants in a Wrongful Death Lawsuit

Depending on the circumstances of how your loved one passed away, your wrongful death lawyer may identify one or more defendants in a lawsuit. The person or entity might include any of the following:

  • An individual
  • A company or corporation.
  • An employee or staff member.
  • A government agency.

Discover Your Legal Rights

Your family may be eligible to file a wrongful death lawsuit against the person or entity responsible for your loved one’s death. Talk to an experienced wrongful death lawyer to learn what legal rights you have and if a lawsuit is a possibility.