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Car accidents that cause injuries have happened virtually since automobiles were invented. The first recorded accidental injury occurred in 1869. An Irish woman named Mary Ward was thrown out of the steam-powered carriage she was riding in when it hit an especially deep rut in the road. She was immediately crushed by one of the wheels, her injuries causing an instantaneous death. Her cousin had actually been the inventor of this new type of vehicle, in a cruel example of irony.

Over the last 25 years or so, car accident injuries resulting in deaths have declined an impressive 50% worldwide. This is due primarily to increased emphasis by both governments and car manufacturers on safety, including the standard use of air bags to reduce the number of severe injuries and deaths caused by front and side car-to-car collisions.

Sadly, the United States is one of the few nations where injuries and fatalities caused by cars have increased over this same period. Experts suggest that this has several causes, including an increased number of motorists overall, a steady increase in the number of large trucks and SUVs sold, and a sharp rise in the numbers of people using cell phones and other technological gadgets while driving their cars.

Another common cause of car accident injuries is ‘rubbernecking.’ This is the term for slowing down (sometimes suddenly) to look at an unusual situation happening on the road (or nearby). Often, people do this to check out car accidents, which can cause other motorists farther back who are not paying close attention to fail to slow down or stop in time. Rubbernecking is the #1 cause of all rear-end car accidents and, in particular, whiplash injuries, in the United States.

Car accident prevention designed to reduce injury and fatality numbers focuses on technology and changing human behavior while behind the wheel. Modern cars and trucks are equipped with air bags, and proximity and drift monitors are becoming more common as well. Both emit loud tones to alert the car’s driver that the vehicle is entering a dangerous area. In Europe, this has been shown to reduce accidental injuries from both car-to-car collisions and single-car accidents.

Changing driver behaviors to reduce car accidents is a tougher nut to crack - especially in the United States, where car ownership is embedded in the culture. People spend so much time in their cars today that it results in a sense of invulnerability. The subsequent lack of defensive driving is one of the reasons why accidental injuries from car collisions in America are bucking the worldwide downward trend.

Perhaps surprisingly, U.S. states with less restrictive speed limit laws actually have a slightly lower incidence of car accidents that cause injuries or deaths. This can partially be explained by a lower number of cars on the road per capita vs. some of the states with lower speed limits. However, even when adjusted for this effect, the statistics still show a slight edge to states with higher limits. Advocates of stricter enforcement of posted speed limits may be pursuing the wrong strategy, if the goal is the prevention of car accident injuries.

A better approach to accident prevention should probably focus on two areas that lead to many serious auto accidents: driver distractions and age. Cell phones are becoming the biggest distraction, and more and more states are banning their use by the driver while the vehicle is in motion. Even if you live where it is permissible, it’s an extremely bad idea! Recent studies have shown a clear connection between phone use and car accidents.

Driver age has an interesting correlation with car accidents that cause injuries and deaths. At both ends of the spectrum, ages 16-20 and 70+, a much higher percentage of accidents occur than with other age ranges. Accident prevention based on the driver’s age is not easily implemented, but calls by the public and advocacy groups are on the increase. Some suggestions include mandatory driver education courses, annual driver examinations to reassess abilities, and even a magnetic sticker or decal on all cars driven by a person falling into either age demographic. The latter entails the idea that alerting other drivers will increase their defensive driving attention, reducing the frequency of accidents.

About The Author

© John Schwartz http://www.tonneau-covers-1.com (all rights reserved)

John Schwartz is a professional writer and web site publisher. For truck accessories and related information, check out his site at http://www.tonneau-covers-1.com today.

This article was posted on December 23, 2005

Technorati Tags: car accident, injury, insurance

How safe is your car? Is it above average? Do you have any idea how well it can withstand collision? The answers to these queries are very important not just to car occupants but to automakers as well. Experts say showing consumers how a particular car performs in times of collision is an effective sales tactic.

At the much-concluded New York Auto Show held last week, one of the most controversial displays was a crumpled Ford Taurus. The display was the Dearborn automaker’s effort to show visitors how durable Ford parts are and how well Taurus withstands a collision.

Ford Motor Co.’s display created an ambiance that made consumers think more about their car safety especially in a crash. For some buffs, the automaker’s introduction of its innovative safety features is treated as a breath of fresh air.

Historically, automakers avoid any suggestion that vehicles actually collide and occupants could die in their cars. However, safety inside cars has become a hot issue in the past decades. This is why, at present, automakers are finding ways to offer the most effective auto features to ensure safety of car occupants.

Car safety has always been difficult to explain. It is also difficult to sell. And automakers have allowed unspoken white lies about safety to promote their cars. Wired News reported: ‘Drivers who ride high in a vehicle, for example, report feeling safer because they can see out over traffic. Yet a vehicle with a high center of gravity is more likely to roll. Large and heavy cars cocoon passengers in copious steel, protecting them in the event of a collision. Yet large and heavy vehicles are more likely to lose traction. They’re more likely to be involved in an accident in the first place.’

But misconceptions are slowly jettisoning consumers’ mind. Last year, Volkswagen AG ran the “Safe Happens’ campaign to promote the Jetta and the Passat. The campaign effectively tickled consumer interest in VW.

SmartCar, moreover, used videos of the crash tests on the Internet even before the ForTwo was offered for sale in America. At the automaker’s press events, crumpled, rolled and battered vehicles were displayed. The move has pulled consumers closer to SmartCar.

Big names in auto safety such as Volvo Cars have also introduced features that provide protection to occupants in collisions. Features include crumple zones, seat belts, airbags, side impact protection, strong occupant compartment, and head rests. What’s more, car features that help avoid crashing such as electronic stability control (ESC), antilock braking systems (abs), intelligent speed adaptation (ISA), traction control, and active braking systems were also installed in vehicles.

By: Anthony Fontanelle

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A limitation period is a stated period of time, the expiry of which extinguishes a party’s legal remedy and forbids the commencement of a legal action. Each province in Canada has general statutes of limitations and many provincial and federal statutes contain limitation periods applicable to a variety of causes of actions. Traditionally, limitation periods have been strictly enforced. More recently, the subject of when time begins to run has received greater attention from our courts.

The discoverability rule has evolved fairly recently in our civil jurisprudence.1 It gives relief in certain factual situations by extending a limitation period. According to the discoverability rule, a limitation period begins to run when the material facts upon which an action is based have been discovered, or ought to have been discovered by the plaintiff through the exercise of due diligence. The effect of the rule is to postpone the running of time until a reasonable person, in the exercise of reasonable diligence, would discover the facts necessary to maintain the action.2 It is a general rule applied to avoid injustice.

It is now over two years since the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision in Peixeiro v. Haberman. Justice Major in Peixeiro adopted Taddle’s J. A.’s statement in Fehr v. Jacob (1993), 14 C.C.L.T. (2d) 200 (Man. C.A.) at 206, which is as follows:

In my opinion, the judge-made discoverability rule is nothing more than a rule of construction. Whenever a statute requires an action to be commenced within a specified time from the happening of a specific event, the statutory language must be construed. When time runs from “the accrual of the cause of action” or from some other event which can be construed as occurring only when the injured party has knowledge of the injury sustained, the judge-made discoverability rule applies. But, when time runs from an event which clearly occurs without regard to the injured party’s knowledge, the judge-made discoverability rule may not extend the period the legislature has prescribed.

In Peixeiro the court concluded that the limitation period under the Ontario Highway Traffic Act did not start to run in a personal injury action arising out of an automobile accident until the plaintiff discovered facts that could sustain a claim that his or her injuries met the threshold under the Insurance Act.

Since Peixeiro, the discoverability rule has enjoyed broad application in Ontario in motor vehicle actions and actions against municipalities and the provincial crown. As such there is now a body of jurisprudence on the scope and application of Peixeiro. The purpose of this paper is to review the way Ontario courts have applied Peixeiro in the context of personal injury litigation so that the parameters of the present authorities in the area of motor vehicle actions and actions against municipalities and the provincial crown can be better understood and defined

By: Jacob Solomon

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Jacob is a well known author who writes on the topics related to Toronto Lawyers, Long Term Disability Ontario, Disability Insurance Litigation.

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Car accidents happen; they are a fact of life if you drive. If you’ve endured such a car accident, its an unsettling time. That’s why its important to hire a car accident attorney if you find yourself in this situation. You need someone with a clear head on your side after a car collision no matter who’s at fault.

Personal Injury Lawyers are the First Line of Defense in Protecting Your Rights

When you’re in a car accident, its your right to have a car accident attorney. You may be nervous or scared, worrying about legal actions and how you will cover substantial medical bills. These are just some of the concerns that may run through your mind. A car accident attorney can ensure that your rights are protected during this emotionally draining experience.

If you are a car accident victim, some of your immediate worries will be having your medical costs covered, getting your car fixed and getting paid for missed time at work. Youre probably extremely worried about paying your bills while everything gets sorted out. A qualified personal injury lawyer not only will do his or her best to see that you get paid for time missed from work due to the accident, but also will work to get you financial compensation for your ongoing medical costs.

A Car Accident Attorney Is Versed in Local Law

If you’re in a car accident, you want to hire the best local personal injury lawyer you can find. This is because traffic and compensatory laws vary from state to state, and from city to city. Qualified, local personal injury lawyers are experts in the laws of their area. Furthermore, they know the judges, insurance claims adjusters and other attorneys in the area. The more of such knowledge your personal injury lawyer has when advocating for you, the better chance you have of succeeding with your car accident claim against the insurance company.

Finally, car accident attorneys know the ins and outs of insurance agencies. Because they handle auto accident cases on a regular basis, they know the methods and tactics which insurance companies may use to pay you as little as possible. They know when the companies are low-balling, when they’re playing fair, and what your chances may be of winning a court case, if it becomes necessary to file a lawsuit. If you are in a car accident, you need an experienced car accident attorney with valuable inside knowledge who will fight for what you deserve.

By: Jim Adler Articles

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An Adler auto accident attorney offers a free case review. Call toll-free today at 1-800-505-1414 to speak to a legal representative, or fill out the free case review form online. A Jim S. Adler & Associates car accident attorney needn’t have been a passenger in your car to offer the kind of post-accident help you need.

Technorati Tags: accident, attorney, lawyer, personal injury

Personal injury attorneys specialize in getting you compensation from those who have caused injury to your person. Personal injury attorneys are the only ones to ensure that you will be well compensated for any physical loss that you may have sustained.

Personal injury may have been caused directly by a person, a product, etc. however, whatever the reason, it is necessary that such a person compensates not just for the expenditure sustained after the injury, it is also necessary that this person can pay compensation against the injury that could cause long term effects of you.

There are personal injury attorneys available almost in every part of the world. However, it is necessary that you are able to find the best attorneys. This alone can ensure that the compensation will be large enough and makes good all your losses.

Instead of going for anything a little outdated, you can try searching for the attorney in your area online. On legal advisory websites you will find all the information about attorneys available in each state, you can easily contact them through the channels established by the website. You will even get to check out previous clients who have consulted the attorney and know more about his services.

It is necessary that the personal injury attorneys understand the loss suffered by their client. Some physical losses like, loss of an eyesight, loss of hearing, loss of limbs, etc. have more long term and serious repercussions than simply an injury. Attorneys are well experienced and therefore can guide you as well as inform you about how you should go in for maximizing the compensation so you can sustain yourself even after the loss is substantial.

If the injury has been smaller yet, if it has been traumatic, the compensation would be greater. It is necessary that the attorney you hire should be able to understand your degree of distress to claim compensation. He also needs to be understanding towards your requirements, this way he can access the situation and make claim for compensation.

Personal injury attorneys are always pitted against top attorneys who may be working against corporate giants. Therefore, it is necessary for them to be absolutely competent and have real understanding for the problems of their clients. It is also necessary that they can communicate well with the client and make the client comfortable with all the legal process.

Personal injury attorneys too, need to be compensated. This can be done by paying them a certain basic payment, and a commission. This commission may be generally calculated as a small percentage of the compensation received by their client. You may have to check with your attorney regarding these details, however, it is very necessary to pay the basic sum. However, your compensation may be in cash or in kind or both.

Personal injury attorneys will need to study not just the circumstances of injury, they will also need to study, why the injury was inflicted.

By: Ryan Luv

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Technorati Tags: attorney, lawsuit, lawyer, personal injury, personal injury attorney

Understanding the fundamentals of personal injury law is essential to everybody. Accidents may happen everyday, but there are accidents that could have been avoided, had somebody taken the time to be more careful. Proving negligence is a focal point in personal injury claims.

In personal injury law, the general rules in proving fault can be sometimes quite complex. To simplify this, one can say that most accidents happen because of somebody’s carelessness. Because of that, the more careless party should pay for a part of the damages suffered by the more careful party.

Some Valid Questions to Ask

A valid question to ask when proving liability is whether the person who was injured should not be in the place where he/she met the accident. Was the person who was injured supposed to expect the kind of activity that caused his/her accident in that place? The answer to this question is important because it might prove that the other party might not be held liable for the injury. This is because there is no duty to be careful toward the person who was injured.

Does comparative negligence apply to the accident? Of course, it’s possible that the person who got injured also had a part to play in the accident, however small it might be. The rules of comparative negligence indicate that a person who is more responsible for the accident will pay for the bigger part of the damages.

Was the negligent party working for a company when the accident happened? Some accidents happen because somebody was careless on the job. If this is the case, then the employer of the negligent party may also be held liable for the accident.

Was the accident caused by a poorly built, or a poorly maintained part of a building or establishment? Chances are, the owner of the property would also be considered negligent because he/she did not do his/her part in keeping the property safe.

Was the accident caused by a defective product? If so, then the manufacturer or seller may be considered liable even if the injured party did not know exactly how or where the negligence happened.

Where to get help?

When you figure in an accident because of somebody’s carelessness, it is best to seek the help of somebody knowledgeable in personal injury law. How do you find the right lawyer? There are many ways to find the right kind of lawyer for you.

Through friends and acquaintances - One of the best ways to get a good lawyer is through the referrals of your family, friends, and acquaintances. When you come across somebody who is referred by somebody whom you trust, put the name in your list of possible candidates but do not decide on it right away. Different people have different personalities, and so while your friend may find it easy to work with his/her lawyer, it might not be the same for you.

Lawyer directory - There are many lawyer directories online where you can view lawyers’ profiles, contact information, experience, and other pertinent information.

Other lawyers - some lawyers would refer you to other lawyers who specialize in the area of expertise that you need help with.

The important thing here is to seek legal counsel, especially from someone whose expertise is personal injury law. After all, you would want somebody with relevant experience to represent you when making a claim or filing a case.

By: Alva Pao-Pei Alfonso

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Our expert personal injury lawyers specialize in issues related to personal injury law and torts. For consultation, visit our website and avail of our free case analysis.

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As everyone knows, life can be quite unpredictable at times. The chances are that at some point in your life you have had an accident of some form, and simply accepted it as just that: an accident that you could do nothing about. Accidents just happen, after all. But what if the accident is not your fault?

One thing that you might not have thought of if you have had an accident that was not your fault is that you could be entitled to compensation. Equally, for those who have not had an accident that was not their fault, it pays to be clued up just in case the unfortunate becomes reality for either you or even to help out relatives and close friends.

The first question you should be asking is what exactly you would be able to claim. If someone else is responsible for the accident you have had, then you will be permitted to obtain an amount of compensation in recognition of your injury. You may also be eligible to receive compensation that will cover any financial losses, alongside compensation for possible expenses incurred. This will also cover any future losses that you make as a result of your accident.

At this point you may be thinking that you have never suffered a serious physical injury so compensation does not apply to you. However, compensation for injury does not only cover just physical injury. If you have suffered mental injury then there is also the possibility that you could be able to receive compensation.

You can be compensated for pain or suffering, and, in addition to this, for the loss of amenity. Losing your amenities can take various forms. An example of this could be that the injury you have suffered has either prevented or restricted you from going back to leisure activity or a hobby that you frequented prior to your accident.

Furthermore to this, there are guidelines in place that good legal advice will alert you to, in which to help in assessing your chances of receiving compensation. Sound legal advisors will order suitable medical experts to assess you and then to provide a report in relation to both the nature and the effects of your injury. The detailed information given by the medical experts will then allow your legal advisors to counsel you upon your entitlement to compensation.

In terms of your possible financial losses, you will be permitted to recuperate your expenses incurred as a consequence of your accident. These expenses can be both past and future, and can include (but are not limited to) such measures as:

Loss of personal effects

Property damage

Policy excess or the value of your preferred vehicle of transport

Past and future loss of earnings

Loss of a pension entitlement

Past and future private treatment fees

Medication costs and or past and future care costs

Aids and appliances

Cost of home adaptations

Travel expenses

It is also important that you make a detailed record of every financial loss or expense you acquire as a result of your accident. Good legal counsel will, where possible, seek an interim payment to reimburse your loss.

This article is free to republish provided the authors resource box below remains intact.

By: Dino Skinner

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Dino Skinner is a member of the Law Society’s Personal Injury Panel, the Association of Personal Injury Lawyers and is a CEDR accredited Mediator. Dino is a Brighton Solicitor for London Law Firm Healys specialising in www.healys.eu/services-for-you/serious-injury-claims.html‘>Serious Injury claims.

Filing a personal injury claim can be complicated. It is always recommended to consult with a qualified accident injury lawyer first.

Technorati Tags: attorney, claim, lawsuit, personal injury

When you have a job you’re usually just focused on doing that job to the best of your ability, so you probably don’t realize all the different ways that you could get hurt at work. The most common injuries at the workplace are slips, trips, and falls. They happen quite often and they usually don’t do much more than embarrass someone and bruise them a little bit but there are times when they can be quite dangerous. People can be badly hurt, break bones, or even get killed when they aren’t paying attention at work or when someone else isn’t paying attention to what they should be doing. Tripping over cables, boxes, or wires happens quite frequently, and people can also be injured by horseplay in the office. People can also be assaulted and if they have to drive for their job (or even to and from work) there can be driving accidents, too. Diseases are a prominent danger in some workplaces as so are things like hearing loss and other problems that sometimes cannot be cured.

Even if you’re fortunate enough not to have to work there are still a lot of personal injury hazards out there like traffic accidents, falling while you’re shopping or out on the town, defective products that can harm you, and others. If you’ve been a victim of a personal injury you generally have three years to file a lawsuit. If the person who injured you was under eighteen you have until the day before that person turns twenty-one years old. Either way, it’s better to bring a lawsuit as soon as possible if you plan to do it, and it’s also easier to find witnesses and remember details if you don’t wait too long. The main thing with a personal injury is not whether you can sue someone but to try to avoid the injury in the first place. It’s important that you are careful what you do and pay attention to your surroundings so you can help avoid being injured. You can’t control what everyone else does, but you can keep an eye out for dangers so that you’ll have a better chance of avoiding them.

By: artavia.seo-27115

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This article was written on behalf of Claims for you who offer accident injury claim UK and no win no fee accident compensation

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A car accident may seriously compromise your quality of life if your injuries are serious or affect your ability to work. This may further have a financial impact on you, and result in psychological stress.

In such a case, you may claim for Personal Injury Compensation.

Personal Injury Compensation is meant to pay the damages of any personal injury. A car accident is a personal injury, and you are eligible for Personal Injury Compensation if it was not your fault. First of all, you should notify the police of the situation. Also, immediately report the incident to your insurance company and doctor. Your doctor should evaluate your health and write up a medical report, which would be needed if you take the matter to court. You should also record the details of the accident on your own and if there are any eye witnesses, you should get their accounts and their contact numbers for further contact.

It is best to hire a personal injury specialist to carry your case forward if you decide to go ahead with filing for compensation. Discuss with them if making a compensation claim has benefits that outweigh the costs associated with it.

There are many ways you can make Personal Injury Claims. You can use claim assessors for the purpose, but they must be authorised and you should ascertain how much you will have to pay. Often, they work on a ‘no win, no fee’ basis, but you should check how much you have to pay if you do win - and then make sure how you feel about giving up this amount.

Besides this, you may also file your case in a civil case against the person you deem responsible for your injuries. However, you can take legal action only for a certain period of time after the accident.

Make sure you know how long, and if you want to go ahead with it, you should take action within this time frame. Also make sure the fees for the procedure are well within your ability to pay them. Some organisations or insurance policies may help to pay your way through. Any legal action requires the use of a solicitor. Procuring one well-versed in personal injuries is very important to help meet most of your demands in the claim. You may want to find your lawyer from the Association of Personal Injury Lawyers. There is even a unique lawyer association for car accidents, the Motor Accident Solicitors Society (MASS). Members of this association will guide you about how to go about with your Personal Injury Compensation.

You may demand compensation for general damages and specific damages. General damages pay for your actual injury, i.e. compromised health, suffering, or loss of earning because of disability caused by the accident. The specific damages include the real financial cost of the accident like cost of car repair, hospital bills etc. The amount you are paid is your actual expense. The court may decide the amount for general damages.

By: D Halbert

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Technorati Tags: accident, attorney, compensation, lawsuit, personal injury, settlement

Personal Injury Law provides compensation for various types of injuries and damages which you or your loved ones have suffered. However, even if you are a victim of a serious personal injury, it could be difficult for you to receive justice and compensation from the negligent authority or individual. It is never advisable to go alone when it comes to handling complex personal injury litigation. It is best to seek legal counsel from an experienced attorney who provides legal services within your area.

Below are some of the frequently asked questions pertaining to personal injury law. These FAQs will help steer you in the right direction. It will also help you locate best personal injury attorney for your legal case.

Is it mandatory to hire a personal injury lawyer?

No, it is not mandatory. However, if your case is a complicated one involving medical malpractice or against New York State authorities then you would be having slim chances of getting any compensation regardless of your injuries and damages. Most of the personal injury lawyers offer free legal consultation on contingency basis. They work on no-win-no-fee policy and only charge a fraction of amount from the final compensation amount. Therefore, contacting a personal injury lawyer will surely increase your chances of winning your case.

What is the statute of limitations?

The statute of limitations is a set amount of time within which a lawsuit must be filed. You cannot file suit once the statute of limitations has expired. The statute of limitations ensures that evidence and witness testimony remains relevant and does not get corrupted or degraded over time. It could be possible that different states have their own statue of limitations.

Is it better to go for a personal injury settlement or a jury trail?

This is difficult to decide, but your lawyer will help you perceive best option for you and will advice you accordingly.

What sort of compensations I can get in a personal injury trial?

You can get personal injury compensation for different types of injury cases, which includes medical bills, damage to your property, damage to your health and other types of physical injuries, injuries received in an accident, suffering and trauma. The amount will vary depending upon your case.

If you or your loved ones have been injured within New York region, then you must get in touch with your New York personal injury lawyer who will help you receive justice and compensation for your injuries.

If you or your loved ones have been injured within New York region, then you must get in touch with your New York personal injury lawyer who will help you receive justice and compensation for your injuries.

By: Personal Injury Lawyer

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New York Accident Injury Lawyer 866ATTYLAW representing victims of accident injuries, personal injuries and victims of medical malpractice within New York City.

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