3 Teenage Students from Ole Miss Killed in Car Crash

Three teenage students from Ole Miss traveling to Oxford to attend church were killed in an automobile accident. The three victims, one 18 years old and the other two 19 years old, were killed when the 18-year-old’s Infiniti vehicle went off the road in I-55 near the town of Vaiden. According to a Highway Patrol Trooper, the vehicle went off an embankment and flipped several times before coming to a stop on its roof. All three of the victims were wearing their seatbelts and neither alcohol nor drugs were thought to be a factor in the accident. The three were all killed instantly upon impact.

The patrol trooper said the vehicle went into a drop-off and the vehicle struck the median of the road as they were traveling. There are many automobile accidents that occur because drivers do not see partitions in the roads or because they cannot stop in time before colliding with barriers in the road. Even if high speeds are not a factor in the accident, a vehicle could still be going the speed limit and end up in a severe collision with the median of the road. The fact that there was a drop-off in the road could have played a part in this accident as well. It is possible that the markings on the roadway were not clear enough and the 18-year-old driver did not see the drop-off in the road. Even at normal speeds it would have been very difficult for the driver to avoid going over the drop-off in the road.

Unfortunately, since this was a single-vehicle accident, there may not be much that can be done for the family’s to get compensation for their loss of loved ones. Unless the victims’ families can find something wrong with the roadway the victims were traveling on, this incident was a random automobile accident that may not have been avoided. However, there are still a number of factors that would need to be taken into consideration to determine if the families can seek legal representation for their loss. The most important factors revolve around the roadway itself where the victims were driving.
 

PA School Bus Overturns, 23 Suffer Minor to Moderate Injuries

A Pennsylvania school bus transporting children and adults to a camp overturned on a rural road injuring 23 people total. Police reported 17 of those people, which included adults and children, were transported to one hospital while 6 others were transported to a second hospital. All occupants in the bus were said to be in stable condition and nobody suffered life-threatening injuries in the incident.

The incident occurred when the bus collided with the passenger side of a Cadillac that had overcorrected itself after passing the bus. The Cadillac went into a ditch on the right side of the roadway. The bus also went into the ditch but hit a guardrail and rolled over. State troopers stated a preliminary investigation revealed the driver of a Cadillac contributed to the accident. However, no charges had been filed until further investigation could be conducted. The children’s ages ranged between 9 and 12 years of age.

When we allow vehicles such as school busses to transport our children to school or some other activity, we expect that there will be a high degree of safety. However, nobody can account for random actions from drivers in front of them including when a driver cuts in front of the bus as in this incident. The bus driver could not have foreseen that the driver in the Cadillac would over-correct in front of them. State troopers stated the Cadillac contributed to this accident. The driver could be held responsible and charged if the investigation into the accident reveals the drivers actions directly resulted in the accident.

Although the children in this incident only suffered minor injuries, the fact that the bus turned over could have easily caused more serious injuries for the children and the adults in the school bus. If an investigation reveals that the Cadillac driver’s actions directly resulted in this accident, they should be held accountable and justice should be handed in favor of the children and adults riding in this bus. A school bus’s safety should never be compromised for any reason, especially because of another driver on the road.
 

Study Shows Smartphones Account For 25% of Traffic Accidents

The Governors Highway Safety Association conducted a study that revealed that driver distraction due to smartphones accounts for roughly 15 to 25% of all traffic accidents. The GHSA is urging states to enforce laws pertaining to cell phone use for novice drivers as well as laws pertaining to texting while driving.

The report highlights the need for more studies specifically targeted to the problem to determine how big the problem is as well as how to deal with the issue effectively. The study also incorporates commercial drivers and business employees who constantly use cell phones for communication stating that there should be programs and policies established to prevent accidents from occurring for those drivers.

Driver distraction has been a major concern for many years. In recent years the development of smartphones has made it so that people can not only send text messages to other cell phone users but they can also surf the internet and play games on their phones. With cell phones becoming more and more sophisticated, they are becoming more and more like compact computers; smaller than a standard laptop but capable of the same functionality. This sophistication could become a huge distraction for drivers especially teenagers who constantly use their cell phones for social networking purposes (texting, and social networking websites). Many drivers think using a hands-free system for cell phones will reduce their chance of being in an accident. However, simply keeping both hands on the wheel is not enough to keep a driver from being distracted while driving.

Incorporating and enforcing laws to prevent drivers from using their cell phones altogether could dramatically reduce the number of accidents that occur resulting from driver distraction. By developing more studies targeted toward cell phone laws as well as the activity of cell phone use while driving, organizations like the GHSA and NHTSA can help lawmakers make it harder for driver distraction related to cell phones to be a factor in an accident. Although many people find smartphones convenient, they can pose a very real danger for drivers and cell phone laws should be in place to prevent serious accidents.
 

Woman Suffers Broken Neck in Car Wreck, Driver Gets DUI

A 22-year-old driver was charged with negligent vehicular assault, criminal endangerment, and a misdemeanor count of DUI following an automobile accident that left a 20-year-old female passenger with a broken neck. Mitchell Lane Ralph was reportedly riding with 4 other passengers in his pickup truck when he lost control of the vehicle and rolled through an embankment.

 The 20-year-old passenger was ejected from the truck and a second female passenger also suffered serious injuries in the crash. Two male passengers riding with Ralph suffered less severe injuries. Ralph reportedly admitted to the judge that he was intoxicated and distracted when the car went off the road. Ralph is currently free on a $40,000 bond.

Two very dangerous factors played a part in this accident; operating a vehicle while intoxicated and being distracted on the road. These are two very common reasons why people are involved in very serious automobile accidents. The report states that Ralph had been cited for a misdemeanor charge of DUI in the past prior to this accident. Two other charges were dismissed in this incident including driving without insurance and having an open container in a vehicle.

In the state of Montana where this accident occurred, a driver charged with DUI could face up to 6 months in jail and up to $1,000 in fines for a first offense. This accident could easily have been avoided if the driver of the pickup had not been drinking. Now as a result of his actions, a 20-year-old woman suffered a broken neck and one other person was in the hospital with serious injuries.
 

67-Year-Old Man Struck by Vehicle; Driver Leaves Scene

A 67-year-old man riding a bicycle was seriously injured when a motor vehicle struck him and left him lying in a ditch near the highway in Molalla, Oregon. The elderly man died as a result of his injuries at OHSU hospital. The driver was driving a 90s Dodge Caravan and police are seeking any information they can get from witnesses or anybody that may have information about the vehicle involved.

The elderly man was reportedly riding his bicycle to his friend’s house when the minivan struck him. The family issued a statement pleading with anybody that may have any information to come forward.

According to other reports about this accident, the elderly man suffered a serious head injury, roughly a dozen fractured ribs, a broken clavicle and a collapsed lung. One of the worst things about accidents like this one is that the victims often leave family members behind upon their death. Prior to his death, the man’s family stated that he was a physically fit person and despite his age, had many more years ahead of him if this accident had not occurred. The elderly man left behind a wife and a daughter among other family members. Now his family must live without a father and a husband and beloved member of their family. Nobody should ever have to face that sort of loss and not have any closure in the incident that caused that loss. Anybody that has information should help the man’s family bring the driver to justice for their reckless actions.
 

Drunk Driver Kills Passenger

In Washington State, a 24-year-old man pleaded guilty to drunken driving causing the death of a 19-year-old and injuring a 17-year-old and a 25-year-old passenger in his vehicle. Loren Seaman had a blood-alcohol level of .20 at the time of the accident. The legal limit in the United States is .08. Seaman was driving along a mile-long stretch of road when he collided with a telephone pole backwards.

The rear of the vehicle smashed into the driver’s seat and killed the 19-year-old passenger instantly. The 17-year-old passenger suffered a broken leg and fractured back while the 25-year-old passenger suffered a concussion and a displaced hip. Seaman suffered broken ribs and internal injuries in the crash. Seaman was sentenced to 55 months in prison on charges of vehicular assault, third-degree assault and vehicular homicide.

This incident demonstrates how drunk driving can affect people both inside and outside the vehicle, including the driver. The blood-alcohol level that Seaman had was close to 3 times the legal limit in the United States. It doesn’t take very many drinks to have a blood alcohol level over the legal limit; however, most people don’t take this into account and attempt to get behind the wheel. As a result of Seaman’s actions, a mother has to live her life without her child and 2 others were seriously injured as well. Nobody should have to lose their lives as a result of one person’s senseless actions. Anybody that chooses to get behind the wheel after having a few drinks should be brought to justice if they are at fault for causing a serious automobile accident.
 

Serious Car Accident Causes Brain Injury for Student Driver

A sophomore student baseball player has returned home after a serious automobile accident caused a life-threatening brain injury last year. Rhett Nelson was reportedly driving north on Highway 221 in South Carolina when he lost control of his vehicle. Nelson’s vehicle flipped about four and a half times and landed in the southbound lane of the roadway. Nelson’s mother, Rosemary suffered several broken bones in the accident.

Nelson spent a total of 13 days in the hospital including 3 days on life support and seven in intensive care. Within two weeks, Nelson regained the ability to walk and the only lasting effect was short-term memory loss.

Nelson was extremely lucky to make a full recovery following an accident as serious as this one. Following a severe brain injury, many people are unable to regain certain functions and some don’t regain consciousness at all. There is no report on the factors that played a part in this accident. In many cases, accidents of this severity could be caused by several factors. Sometimes vehicles are known to have serious flaws that cause them to flip over as in this incident. Other times, the driver’s error could cause this type of accident. Statistics from the CDC state that roughly 1.7 people sustain brain injuries per year. About 275,000 of those people are hospitalized for various amounts of time and 52,000 die as a result of the injury. Brain injuries are a contributing factor in roughly 30% of all deaths linked to injuries, according to the CDC.
 

Man Seeks $50K Following Automobile Accident

According to a report on medisonrecord.com, an Illinois man is seeking $50,000 following an automobile accident in which he suffered severe injuries. Brian Sabatino, the driver of the vehicle that was struck, is suing Ann W. Behne arguing that Behne crossed dividing line traveling in the opposite direction of the roadway he was on and struck his vehicle.

Sabatino argues Behne was negligent in maintaining control of her vehicle including its speed and her ability to operate the vehicle. Sabatino claims he has lost wages, has become disabled and incurred pain and suffering as a result of the accident.

Head-on traffic accidents can often lead to very serious injuries. There is no information on what specific injuries Sabatino suffered in this incident but in any head-on accident, the victim can suffer severe neck and back trauma or even fatality. By reconstructing the events of the accident, investigators would be able to determine whether or not Behne was actually at fault for the accident as Sabatino claims. Many factors go into the decision on the amount of damages a victim receives including the severity of the injuries and the severity of the accident itself. In addition, the victim’s inability to work and as a result, lose wages is also taken into consideration. This incident demonstrates the ease of which an automobile accident can occur and the fact that victims can easily suffer serious injuries, especially in a head-on collision.
 

Florida Woman Dies From Car Accident

According to a traffic report by the WHO, 1.2 million people get killed by road accidents and over 50 million are left injured or disabled each year. In Holmes County, Florida a woman is dead after her car ran off the road on Sunday morning. 

 

Traffic reports state that the woman lost control of her vehicle while she was on county road 179. The driver, thirty-nine year old woman Tammy Joy Anderson was ejected from the passenger side window when the accident occurred. She was immediately taken to the hospital where she was pronounced dead upon arrival.  The police report stated that Anderson was not wearing a seatbelt. 

Unfortunately, accidents like this one occur on a daily basis. There are many possible causes to this type of car accident. There could be a manufacturer defect in the car; the driver may have had a health affliction or an adverse medicinal reaction, or there could have been a road aversion. Car accidents are common events and luckily there are many people who are able to walk away from them unharmed. Others are not so lucky. With injuries like head trauma, concussions, broken bones, paralysis and deformity it can be emotionally daunting to know what course of action to take. Consulting an expert is the best course of action to take when an accident occurs in order to alive the stress, anxiety and pain you or your family might feel when a car accident occurs.

 

Ford Vehicles Currently Investigated For Malfunction

Business week has posted a report stating that two of Ford Motor Company’s vehicles are currently under investigation because the floor mats on the driver’s side may cause the accelerator pedals to stick. The malfunction may affect 249,300 of the company’s 2010 model Fusion and Mercury Milan.

According to the report, three complaints have been filed, however, no accidents or injuries have occurred in these incidents. This is similar to the malfunction that affected several Toyota vehicles in the past which led to 5.4 million vehicles being recalled. The review from the NHTSA could potentially lead to a recall.

If this recall does occur, it will be one of many that have plagued the automotive industry in the last year for various malfunctions and defects in the vehicles. Toyota, Chevrolet, Porsche and several other automobile companies have been forced to recall vehicles for incidents ranging from stuck accelerator pedals to defects in the frame of certain vehicles that caused a spare tire to fall onto roadways. In many cases, some of the defects or malfunctions have resulted in accidents of varying severity. If the NHTSA deems it necessary for a recall to occur, it is very important for automobile companies to abide by that recall in order to ensure the safety of their consumers.

 

For more information on how auto defects can cause automobile accidents, visit Solomon & Relihan's Auto Defects Information page.

Motorcycle Accident Kills One Person

According to the website newswest9.com, an Odessa man was killed following a serious automobile accident that ejected him from the motorcycle he was riding. The report states that the man was driving along an eastbound lane when an SUV crossed in his path. The driver of the SUV reportedly ignored a stop sign which caused the wreck.

The driver and passenger of the SUV were both taken to a medical facility with non life-threatening injuries. According to the report, the automobile accident is still under investigation and no charges have been filed as of yet.

This incident demonstrates one of the many reasons to maintain safety precautions on roadways. Many automobile accidents occur as a result of one of the drivers involved not looking out for stop signs and other signs along roadways and, sometimes, crossing into oncoming traffic or other lanes at intersections of roads. Many accidents can be prevented if drivers ensured that they watched for stop signs or other signs that are placed on roads to prevent incidents such as this one. For motorcycle riders, the danger is increased because of the lack of protection for riders. This incident demonstrates that any obstruction on the road can easily throw a motorcyclist of their bike and cause extremely serious injuries. The higher the speed the rider is operating the motorcycle the higher the risk of injury the rider faces as well.

 

For more information on motorcycle accidents, visit Solomon & Relihan's Motorcycle Accident website.

Single-Car Accident Kills One Person and Leaves One Critical

Delwareonline.com has a report stating that a 2004 Pontiac Grand Am was involved in a major car accident when it slid off the road it was traveling on and rolled over. The car struck a tree and both occupants of the vehicle were ejected. The two occupants are said not to have been wearing seatbelts.

One of the occupants  was pronounced dead at the scene of the accident. The other occupant was unconscious when police got to him. He was taken to a local Delaware hospital suffering bleeding on the brain as a result of the crash. According to the report, police had not determined who was driving the car at the time and there is no information in the report regarding the cause of the accident.

This incident demonstrates some of the most severe injuries and results that could potentially occur in any automobile accident. Driving without a seatbelt presents a very dangerous hazard for drivers as this incident demonstrates. Even for the most responsible drivers on the road, driving without a seatbelt presents a very dangerous situation because there is no way to predict what can happen on roadways. There is no way to account for all the situations that an automobile accident can occur. It is always possible for a driver to lose control of their vehicle due to many different factors. If that driver is not wearing a seatbelt, the injuries that the driver sustains could be far worse than if they would be if they wear their seatbelt. Although serious injuries can occur even with a seatbelt, wearing the seatbelt could potentially prevent a driver from being ejected from the car and causing far worse injuries or fatality.

For more information on rollover accidents, visit Solomon & Relihan's Rollovers Information page.

 

Illinois Auto Accident Turns Fatal

WIFR.com in Rockford Illinois reported that a car accident that occurred Sunday night killed one person and injured another. 24-year-old Damien Grube was speeding down a southbound road when he passed a stop sign and crashed into 65-year-old Richard Johnson’s vehicle. Johnson was pronounced dead at the scene and Grube was taken to a local Illinois medical facility with unknown injuries. Grube’s condition was unknown at the time of the report.

 Operating a vehicle at excessive speeds is one of the highest known causes for auto accidents in the United States. Driving at excessive speeds impedes the driver’s ability to make sudden stops when necessary and also reduces the driver’s reaction time in any other situation. The severity of an auto accident could be greatly reduced if the drivers involved are not driving at very high speeds. In most cases, the impact of an auto accident could be reduced, thus reducing the chances of severe injuries from the accident. Speed limit signs and all other signage on roads are posted specifically to prevent automobile accidents of any kind. Still, many people inadvertently or purposely disregard these signs and continue demonstrate aggressive driving behavior which puts themselves and any others on the road in danger. In many cases, alcohol is also a major factor in automobile accidents including those that resulted from high speed driving. Alcohol impedes one’s judgment and makes it more difficult for drivers to control their driving, especially in regards to speeding.

For more information on wrongful death in car accidents, visit Solomon & Relihan's Wrongful Death Information page.

Tragic Car Fire in Mesa, AZ

According to a ABC15.com, a tragic car fire ended in serious injuries of two individuals from Mesa. On Saturday afternoon May 23rd, the two people were airlifted to a valley hospital after being trapped in their vehicle that caught on fire.

According to a Fire Department spokesperson, the driver of the vehicle noticed smoke coming from the trunk, and then handed the passenger a glass of water in order to put it out. When that did not work to put out the fire, the driver decided to stop the vehicle and run to a nearby pharmacy in order to purchase more water to put out the fire, leaving his two passengers sitting in the car. Although the fire was spreading, the passengers sitting in the car had trouble getting out of the vehicle since the car was parked next to a curb and they became trapped. Fire officials arrived at the scene to find the vehicle completely engulfed in flames. Luckily the two passengers were in stable condition when taken to the hospital. The male (26 years old) and female (25) suffered from second degree burns to their hands back and neck. 

The driver is being suspected of being under the influence of alcohol and it has been reported that he did not realize the seriousness of the fire since he did not call 911. Officials suspect that the fire originated the fire started in an after-market power inverter. 

In a case like this, it is important to really evaluate what caused the fire and who is at fault. Sadly in this case, the injuries could have been preventable. Serious burns can affect the rest of your life. Many factors were involved in this accident, for instance the fire could have resulted in a manufacturer defect. To prevent this type of accident, it is important that no amount of alcohol be consumed by the driver. It is also important that at the first sign of danger you to exit the vehicle immediately. 

For more information on the dangers if driving under the influence, visit the Solomon & Relihan DUI Information page.

Old Toyota Safety Cases Reopened

As more information is uncovered about the extent of Toyota safety problems and the company's attempt to cover them up, old Toyota safety cases are being reopened.  According to Gather.com, Toyota currently has over 100 lawsuits pending for injuries or deaths related to the excessive acceleration problem that caused January's massive recall.  As more information has been uncovered, it has been revealed that Toyota's safety problems may go back several years and not be limited to excessive acceleration

Old cases being reopened include lawsuits for accidents that may have been caused, at least in part, by Toyota equipment malfunctions.  They also include a Minnesota man who was sentenced to 8 years in prison after causing an accident that killed 3 while driving a Toyota Camry.  The man's lawyers are arguing that the crash may have been caused by the sudden acceleration problem.

The ongoing Toyota safety scandal illustrates the often-hidden role that equipment malfunction and faulty manufacturing can have in car accidents.  Even if the causes of an accident seem apparent at first, equipment malfunction may play a role that is not always obvious.  That is why it is important that you contact an experienced auto accident attorney whenever you are involved in an accident.  An experienced attorney can fully investigate an accident to find all possible causes.

For more information on the Toyota recalls, you can visit Toyota's official recall page or Toyotarecall.org.

For additional information, you should visit the Solomon & Relihan Auto Defects information page.

Hyundai Loses Cases Over Reclining Car Seat

A jury in San Angelo, Texas found Hyundai Motor Company responsible for the wrongful death of a woman due to a reclining car seat.  The jury awarded the victim's family $1.8 million after determining that the woman died because her reclining car seat was overly-reclined.

 

According to the San Angelo Standard-Times, Sarah Goodner died three years ago in a car accident while in the passenger seat of her sister's 2005 Hyundai Tucson.    Goodner was wearing a seat belt but was thrown from the vehicle because her seat was reclined too far back.  Experts at the trial argued that reclining a car seat more that 45 degrees can be dangerous.  However, the Hyundai Tucson, like most of the 237 million cars in the US, allows front passenger seats to recline more than this.

It has long been known that car seats are only effective if worn correctly and reclining a seat too far can cause the seat belt to not be positioned correctly. According to an article on the subject in Slate magazine, car manufacturers and the National Highway Traffic Safety Administration (NHTSA) have known about the danger of overly-reclined seats since the 1980s.  Most car manufacturers only include a brief warning of the dangers of over-reclining your seat in the owner's manual.

This case highlights and important factor for all car passengers.  Many people think that if a car manufacturer includes a feature, such as reclining seats, and the government allows it, it must be safe. However, that is not always the case.  In addition, the causes of injuries or death in a car accident are not always obvious, so after any accident you should contact an experienced Arizona auto accident attorney to investigate your case.

 

 

Pharmacy Damaged After Automobile Accident

A Rite Aid pharmacy was heavily damaged after an elderly woman crashed her vehicle through one of the walls of the store. On December 9th, 91-year-old Leona Ricker was driving her Chrysler Sebring when she veered into the Rite Aid store, destroying a wall and several windows. Nobody was injured in the accident including the driver and the passenger in the Sebring. When police questioned Ricker as to what caused her to crash into the store wall, she stated that she was unsure what happened. The pharmacy remained operational while firefighters and police officers cleared the area of debris and removed the vehicle.

This incident demonstrates that an automobile accident can occur at a moment’s notice and the driver may be completely unable to avoid any obstacles in front of them. The fact that Ricker could not explain what happened in the accident proves that there are always instances when something unexpected with the vehicle or others on the road can occur and cause a serious accident. It is very fortunate that nobody was hurt in this incident, including Ricker and her passenger. In many instances, people suffer serious injuries as a result of automobile accidents. Though this type of accident is not very common, the results could have been far worse, especially for customers inside the store, as they could have been harmed by the vehicle or surrounding debris from the accident.

Injured in an Accident: Don't Rush to Settle

Former clients call and ask for advice about what to do when they are involved in a minor auto accident.

They tell me that they have been in an accident but, other than being a little sore, they feel fine. They go on to say that the insurance company has offered to repair their car, pay for their emergency room visit and give them $500 for any “inconvenience”. What should they do?

This happens so frequently that it does not take me long to reply. I tell them the story about a similar call I received when I first started practicing law.

Many years ago, a young woman called for her husband who had recently been involved in a “minor” collision. She told me that since he had only been sore for a couple of days after the accident, he agreed to settle his claim for $1,500 (which back then was a great deal of money for a “no injury” claim).

Six or seven weeks later, his soreness became radiating pain which eventually required surgery costing many thousands of dollars. However, since he had given up his right to recover, he was not able to be compensated for any more than the original $1,500.00.

The lesson is, don’t be in a hurry to settle a “minor” collision accident, even with only “a little soreness”.

Injuries may take time to develop and mature. As a general rule, settling any claim in less than six months may not be a good idea.

Every injury is different and the decision to settle should not be made in haste.

Consulting with an attorney soon after the accident in order to get a professional opinion about the specific facts of your accident is sound advice, even coming from an attorney.
 

How the Insurance Company handles your claim and how you can improve your odds

Being involved in an accident is bad enough, but dealing with the negligent driver’s insurance company can add insult to injury because they take advantage of your lack of experience in such matters.

To protect yourself, there are a few things you need to know about what to do at the accident scene. You will also need to understand how the other driver’s insurance adjuster will approach your claim.

The Accident Scene

Always call the Police.
Even though the party responsible for the accident apologizes and offers to pay for the damage, always call the police to the scene.

Some benefits of a police investigation:
1. There will be an official report of the facts of the accident and a diagram of the scene.
2. The accident report will contain the names and addresses of all persons involved, including witnesses.
3. You will obtain the other driver’s insurance information.
4. The police officer may be a witness to any admission of fault made by the negligent driver.

Witnesses
Locating witnesses is important. If you are able, get each witness’s name, home address, business address, and phone numbers while you are still at the scene. Even though the police officer may get these names as well, it may be some time before his report becomes available to you.

If you are seriously injured, a good investigator is a wise investment.

All witnesses should be interviewed by a professional investigator, as soon as possible, before memories fade or the insurance company’s investigator has a chance to influence the witness’s version of the accident.

Witnesses are usually candid about what they observed, however, a well trained insurance investigator can influence a witness’s answer through a well crafted question.

Towing Away The Vehicle
The company that is selected to tow your vehicle away from the scene is important. If the police have the vehicle towed, make sure its taken to your repair shop and not to a tow yard, because the average tow company will charge you for every day the vehicle sits at their tow yard.

Photographs
If you have the opportunity to take photos of your vehicle and the other vehicles involved, take them. As the saying goes, “a picture is worth a thousand words,” and a picture taken at the scene may be worth much more.

Reporting the Accident
The responsible driver may or may not report the accident to his insurance company. If he doesn’t then you should.

Preparing to Settle Property Damage
If you suspect that your vehicle is a total loss (vehicle is not repairable or the cost of repair exceeds the replacement cost), contact several dealerships that sell your brand of vehicle and ask them for a letter stating the sales price of that make and model with similar mileage and similar condition.

If your vehicle is damaged and repairable, contact several dealerships for an estimate for the cost of the repair.

You will then have the ability to negotiate a settlement with the insurance company of your property damage only.

You may also be entitled to an amount for “loss of use” of the vehicle from the time of the accident until the time your vehicle is repaired or the time you receive payment for the totaled vehicle.

Get to a Physician
After an accident you may feel sore, but don’t believe you are seriously injured. Be aware that it sometimes takes days or perhaps weeks before serious injuries are apparent. It is always a good idea to visit your physician as soon as you can get an appointment. If you are unable to get an appointment within a day or two, then get to an emergency room for an examination.

The Insurance Adjuster
This is where things can get frustrating. Remember, you are not being singled out, it’s just how “they” do business.

It is not uncommon for insurance adjusters to engage in the following tactics:

1. Not returning your phone calls.
2. Delays in processing your claim.
3. Requiring you to sign authorizations permitting them to get all your medical records, even if the records have nothing to do with the injuries you received in the accident.
4. Requiring you to be examined by the insurance company doctor, before you finish treating with your own doctors.

First, let me say that, you can’t eliminate the frustration of the unreturned pone calls or delays in processing your claim. However, as to the other tactics, you are not bound by the insurance adjuster’s demands.

Releasing Your Medical Records
Don’t sign any authorizations for release of medical information for the other driver’s insurance company. The physician-patient relationship is private and there is legal duty that a physician not disclose any of your medical information without your permission.

There may be personal and confidential information contained within your medical records which may be unrelated to the injuries you suffered in the accident.

A better way to provide relevant medical information to the insurance adjuster is for you to obtain a copy of your medical records from your treating physician, for the visits pertaining to the accident.

You can then provide a copy of those records to the insurance company, along with a letter instructing them that you are not releasing any of your medical records which do not pertain to the accident. You should also write that you are giving them the specific records for the limited purpose of settling your claim.

Before sending the insurance company a copy of your medical records, read the records yourself to make sure they don’t contain any non-relevant, personal information.

The Insurance Doctor
Insurance companies have “their” own doctors and may ask you to submit to a physical examination. It is not uncommon for the insurance company doctor, after they “examine” you, to say that you are fine and that any further care is unnecessary.

You should rely on your own physician’s opinion on your condition and on any future care you may need.

Don’t agree to an “insurance” company doctor examination as long as you are under the care of your own physicians.

Some attorneys believe that you should never agree to an insurance company physician examination unless ordered to through legal proceedings.

Our next article will discuss bus accidents.