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What Does A Car Accident Lawyer Do? A Detailed Guide!

How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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What Does A Car Accident Lawyer Do? A Detailed Guide!

By  Dan McCrary | May 25, 2024

You can file a claim in case of a car accident without help from a lawyer, but is it advisable? The short answer is NO! Research shows that people who hire lawyers receive better compensation – to be precise, around 3.5 times more than those who don’t.

This difference isn’t a coincidence. Experienced lawyers are familiar with all the ins and outs of the law, skilled in negotiating with insurers, and knowledgeable about determining the appropriate settlement amount, which leads to securing larger settlements.

That’s why legal experts universally recommend hiring a lawyer for accident cases. To help you make the decisions, we’ll discuss what a car accident lawyer does. So, let’s get into the details without further ado!

What Is The Role of A Car Accident Lawyer? Brief Overview

The main role of a car accident lawyer is to provide legal assistance from the beginning (right after the accident) to the end of the case. You can consult with a lawyer about your case, and they’ll advise you on the best course of action, including what type of claim is valid in your case.

Besides guiding the claim, car accident lawyers provide insights into what evidence you need to strengthen your claim. They’ll skillfully negotiate with insurers about the compensation amount with strong evidence.

Thanks to their negotiation and case-handling skills, the insurer must provide rightful compensation for the claim, which usually doesn’t happen. When there’s no lawyer, insurers usually try to blame you to reduce the settlement amount.

6 Ways A Car Accident Lawyer Helps Accident Victim

Below are the six ways a car accident lawyer helps accident victims.

1. Legal Guidance & Expertise

The most important job of a car accident lawyer is providing legal guidance. Not everyone is well-versed in the intricacies of the law or knows which claims to pursue following an accident, and that’s where a lawyer can help.

A lawyer would assess your case and assist with what claims are valid for your accident case. Their expertise ensures you’re on the right path to acquiring compensation for the loss.

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  • 2. Case Evaluation and Strategy

    After taking on a case, the next step for a lawyer is conducting a comprehensive evaluation and creating a strategic plan. Lawyers examine every aspect of the case, from gathering evidence to how much you were involved in the case and so forth.

    Afterwards, they devise a strategic plan specifically for your case. For instance, you need to know what evidence you need and how you can get that evidence, and you need to interview the witnesses to achieve the best possible outcome.

    3. Maximizing Compensation

    One of the common issues we’ve noticed in car accident claims handled without a lawyer is that drivers often lack awareness of the full scope of compensation. Sometimes, they may only request compensation for vehicle damage and medical expenses.

    However, according to the law, you can seek compensation for various damages, including pain and suffering and loss of income.  This won’t happen if you have an experienced lawyer, as they know what to include to maximize the compensation.

    4. Navigating Insurance Processes

    Lawyers also assist in navigating the insurance process, which is where many individuals fail. The insurers who oversee the claims are skilled at finding loopholes and using them to reduce compensation.

    If you don’t have a lawyer by your side, you’ll be unable to negotiate with the insurer and might agree to the low compensation. However, this isn’t the case with a lawyer, as they ensure to protect your rights and secure fair compensation for the loss.

    5. Evidence Gathering and Preservation

    Evidence gathering and its preservation are important tasks in car accident claim cases. The case outcome depends on your investigation and the evidence you collect, yet many individuals stumble at this crucial stage due to their limited knowledge.

    They’re unsure what evidence to look for and how it can strengthen their case. However, with an experienced lawyer, this process becomes much easier. Your lawyer not only assists you in finding the evidence but also guides you about its relevance in supporting your claim.

    6. Litigation Representation

    Litigation representation isn’t necessary in all cases, as many accident cases are resolved outside of court; there are instances where legal action becomes unavoidable. This typically occurs when insurers refuse to provide the compensation you want.

    While it’s possible to represent yourself in court, enlisting a lawyer’s expertise is strongly recommended. A skilled attorney brings invaluable experience to the table and advocates for you in the courtroom, working tirelessly to secure a favorable outcome.

What Does A Car Accident Lawyer Do? Final Thoughts

In summary, a car accident lawyer plays a crucial role in helping accident victims. They provide important legal advice, help maximize compensation, and guide you through the complexities of dealing with insurance companies.

By hiring a car accident lawyer, you can navigate the legal process more effectively and work towards a fair outcome for your case. You can fill our form for a complimentary consultation. Our team will promptly reach out to schedule a meeting at your convenience.

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    A Comprehensive List of Reasons To Sue Someone

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

    Home  »  BlogsPersonal Injury

    A Comprehensive List of Reasons To Sue Someone

    By  Dan McCrary | May 19, 2024

    Legal disputes can be complicated, especially if you’re unsure which lawsuits are valid for your case. In this scenario, you may need to research the list of reasons to sue someone to find the answer. But worry not! 

    We’ve put together this guide to explain the most common reasons for which you can sue someone. These reasons apply to various situations, including property disputes, defamation charges, injury, permanent disability, emotional distress, etc.

    So, are you looking for justice? Let’s dive in and find out which path leads you toward achieving the justice you’re seeking.

    The Top 10 Reasons To Sue Someone 

    Below are the top ten reasons to sue someone. Remember, this is only a general overview; it’s best to consult your case with a lawyer for better guidance about which lawsuits are valid for your case. 

    1. Property Disputes

    One of the most common reasons for a legal dispute is property issues. There are countless reasons that can set the ground for a property dispute, such as disagreements with siblings about property rights. 

    Besides that, disputes with neighbors over matters like boundaries or anything that can potentially harm your property or family are also valid reasons. Also, a person who’s a victim of real estate fraud has the right to sue. 

    2. Lawsuits For Defamation 

    Defamation involves false statements, whether in written form or orally, with the intention to harm someone’s reputation in society. In any case, if someone has done this to you, a defamation lawsuit is your right. 

    Keep in mind that you must have strong evidence to prove your claim. Without evidence, you’ll not be able to recover compensatory damage. It’s also important to check the statute of limitations. In California (CA Civ Pro Code § 340), it’s one year after the slander took place. 

    3. Breach of Contract 

    Breach of the contract simply means when one or more parties that are involved in the contract fail to follow the contract. In this type of situation, the non-breaching party can sue the party that didn’t adhere to the contract rules.  

    The court then decides whether the lawsuit is valid. Upon confirming the validity, the court orders the breaching party to pay the damages to the non-breaching party. This ensures that the non-breaching party is compensated for its loss.

    4. Personal Injury 

    If you’ve suffered an injury due to someone’s negligence, whether because of a car accident, at a party, or anywhere, you’re entitled to compensation. The compensation is possible through a personal injury lawsuit. 

    Remember that there’s a time limit for personal injury cases, which varies from one year to several years, depending on the state. The statute of limitations in California, Texas, and Florida is two years from the accident date. In Louisiana, it’s one year; in Arkansas, it’s three years.

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    • 5. Emotional Suffering  

      Emotional suffering may not be visible like physical suffering, but it has a long-lasting effect on a person’s personal life. Individuals often recover through physical pain but not with emotional distress, like a driver who has experienced a traumatic accident and can’t drive again. 

      If the accident happened due to someone else’s negligence, the driver can sue for pain and suffering. Once the emotional distress is proven through medical evidence, the responsible party must compensate for the damages incurred.

      6. Worker Injury

      As an employee, it’s your right to have a workplace free from any hazards. Unfortunately, sometimes employers fail to meet this obligation, resulting in injuries to workers. In such situations, remember that the law is on your side.

      You can sue your employer to compensate for the damages. The employer is responsible for providing medical treatment, temporary disability benefits, lifetime pension in case of permanent disability, and death benefits to the family if the employee loses their life.

      7. Property Damage 

      If your property is damaged due to the wrongdoing of others, you can take legal action against the responsible person and ask for compensation. The compensation amount will depend on various circumstances. 

      For example, insurers consider factors such as the extent of your responsibility for the damage, the severity of the damage, the cost of damage, and state laws. They also assess whether the property is repairable; if it is, you may receive funds to cover the repair costs.

      8. Permanent Disability 

      Permanent disability occurs when a person is unable to work full-time after an unfortunate accident. This condition can significantly impact one’s ability to work and earn enough to maintain a quality lifestyle. 

      If this has happened, you can file lawsuits for compensation for permanent disability. The responsible party will be liable to pay for the medical bills, surgeries, hospital stays, and loss of income (according to the wages at the time of injury). 

      9. Car Accident 

      Car accident lawsuits are quite common in almost every state.  These lawsuits are filed when someone can’t reach an agreement with the insurer of the at-fault party. In this situation,  the plaintiff takes the case to the court. 

      Then, the court decides which party was responsible for the accident and whether the compensation the plaintiff is seeking is valid. If it is, the responsible party will be required to provide it.

      10. Defective Product 

      Any product available on the market should be safe for customers. If there’s any product that has harmed you or the family member as a victim, you’re entitled to compensation and can file a lawsuit.  

      However, you must have proof to prove your suffering was because of the product. For example, you need a medical report that shows you suffered from a health condition or an injury. Once the claim is proven, the manufacturer will be liable to provide compensation. 

      What Are The 5 Steps To Initiate A Lawsuit?

      Now let’s come to another point which is what are the main steps to initiate a lawsuit. But before you begin with this process, ensure you’ve consulted your case with a lawyer. This is to make sure you’re on the right path from the beginning. 

      • Hire a lawyer: The first step in initiating a lawsuit after consultation is to hire a lawyer. It’s best to hire a lawyer experienced in the area of your case. For example, if your case is related to personal injury, ensure you hire an experienced personal injury lawyer.
      • Gather evidence: The next step is to discuss the evidence with the lawyer. Your lawyer will guide you on the evidence needed to prove your claim and how you can gather it.
      • Meet the requirements: Every state has laws regarding filing lawsuits. For example, you can’t file for personal injury lawsuits after a specific timeframe. Make sure you meet these requirements before taking legal action.
      • File a complaint: Now, the fourth and most important step is filing a complaint. If you’ve hired a lawyer, this task will be their responsibility. The legal process begins once the complaint is filed, which includes discovery and trial.
      • Proceed with case: After filing the case, the trial process begins, which takes time. During this process, your lawyer will represent you in court and present the evidence to secure compensation for the damages.

    Final Thoughts

    We’ve provided a list of reasons to sue someone, and all of these reasons are valid for lawsuits. However, you must consider the potential outcomes before taking any legal action. It’s also important to assess whether you have strong grounds for your case.

    Once you’re sure you have reasons to proceed with the lawsuit, follow the guidelines your lawyer has provided. If you need assistance, feel free to consult with our lawyers at McCrary Law Firm. The initial consultation is completely free of charge.

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      Why Do Rear-End Car Crashes Happen? 6 Key Causes Explained!

      How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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      Why Do Rear-End Car Crashes Happen? 6 Key Causes Explained!

      By  Dan McCrary | May 13, 2024

      If you’re wondering what the main cause of a rear-end car crash is, you’ve come to the right place! A rear-end car accident can be quite dangerous to both the driver of the rear car and the front car. The passenger of the front car also faces serious injuries. 

      These injuries include whiplash (neck injury), fractures, back injuries, or, in worse cases, brain injuries. In this type of situation, finding the reason behind the accident and who was at fault becomes a daunting task.

      Without knowing the reason behind the rear-end car crash, you wouldn’t be able to file lawsuits. This is why it’s important to know the main cause of the accident, which driver was responsible for, and what the right action to take after an accident is. 

      6 Main Causes of Rear-End Car Crash

      Below are the six main causes of rear-end car crashes. With these causes, you can easily get an overall understanding of why the accident occurs.

      1. Drunk Driving

      Drunk driving is one of the most common reasons behind accidents. There are about 37 people who die every day in the United States due to drunk driving. It’s because alcohol affects decision-making abilities, blurs the vision, and reduces reaction time.

      All of the side effects of alcohol increase the chances of an accident. The reduction in reaction time means the brain doesn’t process activities faster, affecting decision-making abilities and leading to accidents.

      2. Distracted Driving 

      Distracted driving is a term used for driving while involved in other activities. For example, using the mobile phone, talking to someone in the car, thinking about your office day, eating while driving, and so forth.

      Any activity that can divert your attention from the road and the car to other things will be considered the reason for distracted driving. The lack of situational awareness prevents drivers from noticing the front car, resulting in dangerous rear-end car crashes

      3. Overspeeding

      Overspeeding is a significant factor behind car crashes. In 2022, about 29% of traffic fatalities happened because of overspeeding. High speed reduces reaction time, making it harder for the driver to respond to unexpected situations.

      Besides that, a faster car requires more time and distance to come to a complete stop, increasing the likelihood of rear-end car crashes. This type of accident also results in severe injuries because of the great impact force of the car.

      4. Driver Fatigue

      Driving requires a healthy and mentally alert individual. Otherwise, the situation can be a lot worse. In the driving profession, an unfortunate situation not only puts the driver at risk but also the passengers and all the other cars on the road.

      This is why recognizing driver fatigue is crucial. Fatigued drivers experience a loss of control over their bodies and cars; they can’t focus on the road and make decisions immediately like in case a car suddenly appears in front of them.

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      • 5. Not Following Traffic Rules

        Not following traffic rules is also a big reason behind rear-end car crashes. The rules are made to protect all drivers and their cars from dangerous collisions. However, most of the time, drivers neglect these safety rules.

        For instance, one rule that causes rear-end car crashes is Tailgating. It’s a situation when the rear driver drives too close to the front car, resulting in an accident when the front car stops suddenly.

        6. Mechanical Failure

        Mechanical failures in cars, like faulty brakes, can cause major accidents. These mechanical problems aren’t limited to brakes but also include engine issues, tire problems, malfunctions in the car steering system, etc.

        Regardless of the issue, it’s the driver’s responsibility to follow a maintenance schedule and ensure the vehicle is in proper working condition. Regular maintenance checks can prevent accidents caused by mechanical failures.

        Who’s Responsible For The Damage of A Rear-End Car Crash?

        You might be exempt from liability if you’ve followed all traffic rules, like maintaining a safe distance, driving at the right speed, and weren’t distracted or drunk. However, in most cases, the responsible driver is always the driver of the rear car, but there are some exceptions.

        For example, you’re driving and have maintained a safe distance from the front car on the road. A third car driver saw that distance and came in front of your car, resulting in a rear-end car crash. In this case, the front car driver is responsible for the damage.

        Another example is a car at the front malfunctions and stops working while you are going fine on the road and an accident occurs. Remember, these instances are rare, and generally, the responsibility falls on the rear car driver.

        What Is The Right Action To Take In A Rear-End Collision?

        Don’t panic! This is the first step you need to take after a rear-end collision. It might seem difficult, but trust us, panic only makes the situation worse. Then follow the steps below:

        • Check for injuries

        Your health always comes first. So always check for injuries and see whether you can move your hands and legs. If you notice any serious injuries or drowsiness, seek medical help immediately.

        • Call the police

        Once you’re sure there are no injuries and can communicate properly, call the police. The police will come and examine the car crash scene to create a detailed report.

        • Take pictures

        Don’t just rely on police report evidence. Document the car crash with your mobile camera, take pictures, and record some videos. If possible, write every detail, like how the accident happened, in the notepad so you can share it with the insurer and car accident lawyer.

        • Share contact details

        Lastly, share contact details with the other driver and ask for their phone number and email address as well. This will ensure both parties can contact each other to discuss the cost of damages.

      Final Thoughts

      The main cause of rear-end car crashes varies but, in general, there are six reasons. For instance, drunk driving, distracted driving, overspeeding, driver fatigue, not following traffic rules on the road, and mechanical failure in the car.

      These reasons show who was at fault while driving. For example, if the front car driver wasn’t following traffic rules and was drunk, they have to bear the responsibility for the collision.

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        Who Is Responsible For Paying For A Rental Car After An Accident In Northern California?

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        Who Is Responsible For Paying For A Rental Car After An Accident In Northern California?

        By  Dan McCrary | May 9, 2024

        The cost of repairing a damaged car can easily break the bank, especially if it’s a rental car. Drivers usually buy insurance for their car but not always for the rental car. So, who is responsible for paying for a rental car in North California after an accident?

        Rest assured! We have answers for you. In simple words, whoever is at fault for the accident, whether you or the other driver, will pay for the damages. If both parties share the blame, then the cost of damage will be divided among both parties.

        Below, we’ll discuss this topic in more detail and provide answers about how much rental reimbursement coverage costs and whether you need to add it to your insurance. So, let’s find out the answers!

        What Happens If You’re At Fault In The Rental Car Accident?

        The short answer is that you’ll be responsible for paying for the rental car damage caused by the accident. Since it was your fault, the other driver isn’t bound to share any of the car repair costs and you’ll have to pay for the damage.

        But how you’ll pay entirely depends on your situation. If you have insurance coverage, your insurance company will pay for the repair, including rental reimbursement. However, you’ll have to pay out of pocket if this isn’t the case.

        What If Other Driver Is At Fault In The Rental Car Accident?

        If the other driver is at fault in the rental car accident, they’ll have to bear the expenses of car damage. In most cases, they can involve their insurance company, which will provide them with the compensation amount.

        If they do not have an insurance policy, they must pay the cost themselves. If someone fails to cover the damage they’ve caused, the no-fault driver can sue the at-fault driver and take the case to court.

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        • What If Both Drivers Are At Fault In The Rental Car Accident?

          Typically, when both drivers are at fault in an accident, the insurance company assigns liability to each driver based on their fault. For example, one driver might be found 60% at fault while the other driver is 40% at fault.

          According to the evidence, the driver who is 60% at fault will compensate for 60% of the damages compared to the other driver’s 40% fault. However, it’s important to note that this example may not be applicable in some states, like Florida.

          Florida operates as a modified comparative negligence state. This means that a driver who is 51% liable for a car accident cannot seek compensation from other parties, even if they share the remaining 49% of the fault in the accident.

          Hence, it’s best to research whether your state follows pure comparative negligence laws or modified comparative negligence laws. For instance, California operates as a pure comparative negligence state, allowing drivers to collect damages even if they are 70% at fault.

          Do You Need Rental Car Insurance In North California?

          Insurance coverage for rental cars isn’t required in Northern California, but it’s highly recommended for a safe future. All drivers are only required to have liability car insurance, which covers:

          • $15,000 for injury/death to one person.
          • $30,000 for injury/death to more than one person.
          • $5,000 for property damage.

          Liability insurance does not cover the cost of car repairs. However, if you use a credit card to rent the car, you may have coverage—though it’s best to check with your credit card company to confirm.

          Personal car insurance policies often cover car damages but do not cover costs if the rental car is used for business purposes. Therefore, adding rental reimbursement coverage to your insurance policy protects you.

          Rental Reimbursement Coverage Cost

          On average, you may have to pay $25 to $100 yearly for the Rental reimbursement coverage. With this coverage, the insurance company will pay for car damage if you’re at fault, ensuring peace of mind.

        Final Thoughts

        To sum up, the at-fault party, whether you or the other driver, will pay for a rental car in North California after an accident. The at-fault party driver will contact their insurance company, and they'll cover the damage cost if the rental reimbursement is included in the coverage.

        If the insurance company or the driver isn't agreeable to paying for the rental car expenses, you can take legal action by taking the issue to court. You can contact McCrary Law Firm for expert guidance and representation during this challenging time.

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          Blogs Uber or Lyft

          How To Get A Driver’s License In California? Easy 3-Step Guide!

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

          Home  »  BlogsUber or Lyft

          How To Get A Driver’s License In California? Easy 3-Step Guide!

          By  Dan McCrary | April 18, 2024

          Getting a driver’s license is the first step toward adulthood. It means you’re ready to explore the world yourself. But the main question is, how do you get a driver’s license in California? Rest assured, all answers are included in this guide.

          California has two main categories of driving licenses: commercial and non-commercial. Most young people need non-commercial licenses, and we’ll explain their requirements and step-by-step process.

          We’ll explain the process of obtaining a driving license, from the basic requirements to the last step. You’ll also get answers about how you can obtain a driving license as a foreigner in California. Let’s get started!

          Steps To Get A Driver’s License In California

          Here’s the step-by-step guide to obtaining a driver’s license in California. But before we begin, ensure you’re 15 ½ years old, have proof of citizenship/residence, and permission from parents as they’ll sign the application and pay the fee.

          Step #1: Diving Education

          The first step to getting a driver’s license in California starts with driving education. This education is a must for teenagers aged between 15½ and 17½. Individuals who’ve hit 18 can skip the education part and jump straight to the permit test.

          The driving education includes 25 hours of classroom education and about 6 hours of behind-the-wheel training, which prepares you for the permit test. This permit test is quite important as it decides whether you’re ready to drive practically under supervision.

          Step #2: Obtain A Learner Permit

          The knowledge gained from driving classes will prepare you for the written permit test. The test will consist of around 46 questions, with a passing score of at least 38. Failing means waiting a week for another attempt.

          After passing the test, you’ll have to complete 50 hours of supervised driving training, which includes 10 hours of night driving. You may also have to drive 6 hours with a certified instructor (only if you haven’t received a driving education).

          Once you meet all the requirements, including test, practical, and classroom training, you’ll receive a learner permit.

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          • Step #3: Take A Driving Test

            With your learner permit, you must drive for six months. Afterward, you’ll be all set to take a driving test for the license, but before you do this, make sure you meet two requirements.

            • Firstly, book an appointment for the driving test.
            • Secondly, you must have insurance that exceeds California’s coverage requirements.

            Upon passing the driving test, you’ll receive a temporary driving license valid for sixty days. This temporary permit allows you to drive until you receive your permanent one, which typically arrives within three to four weeks.

            Note: If you fail the driving test, you must wait 14 days and pay a $7 fee for the next attempt.

            Can A Non-US Illegal Citizen Get A Driver’s License In California?

            Yes, a non-US citizen who is not legal in the country can obtain a driver’s license (AB 60 driver’s license) in California, but certain requirements must be met. To get the driver’s license, you must provide:

            • Provide proof of residence in California (such as a rent/lease agreement, mortgage bill, or employment documents).
            • Pay the non-refundable application fee.
            • Pass the knowledge test and provide a thumbprint scan.

            If you meet these requirements, you can obtain a driver’s license in California. Simply apply for the license, complete the required education, obtain a learner’s permit, and take the driving test like any other US citizen.

            How Do You Check If Your License Is Suspended In California?

            Your driving license can be suspended for various reasons, such as receiving tickets or being arrested. Regardless of the cause, you should always stay informed about your license status to protect yourself from hefty fines. Here’s how you can do it:

            • Visit the official website of the DMV.
            • Create an account to access your driving record.
            • Pay a $2 fee to view and print your driving record.

            If your license is suspended, its status will be shown on the driving record. The $2 fee is not a one-time payment; you must pay it each time you download your driving record.

          Getting Driver License In California: Final Words

          To obtain a driver’s license in California, you must first complete driving education, then secure a learner permit and complete 50 hours of supervised driving training. Afterward, you have to pass the driving test.

          The process is the same for non-US illegal citizens. The main difference is that they have to prove their identity and residence in California using various documents. If they succeed, they can obtain an AB 60 driver’s license.

          For more help with any legal issues related to driver’s licenses, contact our McCrary Law Firm. We can arrange a consultation with one of our experienced lawyers, who will provide guidance and solutions tailored to your needs.

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            Blogs Truck Accident

            5 Regulations Truck Drivers Must Follow

            How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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            5 Regulations Truck Drivers Must Follow

            By  Dan McCrary | April 16, 2024

            Truck driving is undeniably a challenging profession, with thousands of accidents involving truck drivers occurring each year. According to a 2021 survey, there were approximately 523,796 accidents involving truck drivers, which is a significant number.

            Most of the time, these accidents occur due to truck drivers failing to adhere to safety rules and regulations. Given the size and weight of commercial trucks, collisions can result in severe consequences for other vehicles, sometimes even death.

            To avoid such situations, truck drivers must follow safety regulations. In this article, we’ll explain what are the specific regulations truck drivers must follow and the potential consequences of non-compliance. Let’s dive into the details!

            5 Truck Regulations To Ensure Safe Driving Conditions

            Here are some truck rules and regulations to ensure safety conditions. These are the most basic criteria to follow. As you add more points, your trip will be more safe. 

            1. Maintenance of Truck

            The first point for safe driving is taking care of the truck’s maintenance. If you work for a company, they are typically responsible for inspecting brakes, engines, tires, and other components, but it’s advisable to conduct your pre-trip inspections for minor issues.

            However, if you work independently, maintaining the truck is your responsibility. Any accident that happens due to not maintaining the truck’s condition will be your responsibility, which can result in severe consequences.

            2. Consider Weather Conditions

            Weather conditions are the second important point to ensure safe driving conditions as it significantly impacts driving. The worse the weather is, the more you have to face difficulties. This is why it’s essential to prepare for your trip by checking the weather forecast beforehand.

            Pack an emergency toolkit tailored to the conditions; for instance, include extra gloves, a flashlight, and jackets for snowy conditions. Adjust your driving according to the weather; drive slower in the rain, use marker lights in fog, and adapt your driving to snowy conditions.

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            3. 14-Hour Rule For Truck Drivers

            A common reason why accidents happen is because of the lack of sleep. Due to the harsh conditions of the job, truck drivers work more and sleep only a few hours. Companies also put a lot of burden on drivers; this is why the government has implemented the 14-hour rule.

            According to this rule, property-carrying truck drivers should not drive after 14 consecutive hours on duty. A mandatory 10-hour break is required for rest, and a 30-minute break is necessary after 8 hours of driving.

            4. Check Road Conditions & Drive Safe

            Don’t forget to consider the road conditions before heading out to your destinations. Check the Google map to choose the best road and traffic conditions or to identify road closures due to construction.

            While driving, it’s best to maintain space with other vehicles. If you see a car beside your truck, slow down to avoid any collision. Always ensure to give signals to other drivers while making turns, changing the lanes. The more you’ll be cautious the safer you’ll be and other drivers.

            5. Cargo Safety

            Cargo safety is often overlooked but is crucial for road safety. Some companies overload trucks without considering load balance,  which is extremely dangerous for everyone around you on the road.

            To prevent accidents caused by cargo, use high-quality equipment like heavy-duty tie-downs and anchor points. Ensure the cargo weight does not exceed the truck’s capacity to maintain safety on the road.

            What Happens When Truck Drivers Violate Regulations?

            The consequences for violating regulations vary based on the severity of the violation. For instance, drivers may face hefty fines and suspension from duty for a specified period as punishment for breaking the rules.

            In cases involving serious accidents caused by the truck driver’s negligence, the penalties can be severe. In 2023, a truck driver was sentenced to two years in jail following a crash that resulted in the death of a couple in South St. Paul.

            Final Words

            There are many regulations a truck driver has to follow to ensure the safety of their vehicle and other road users, including themselves. Neglecting any of the rules can lead to hefty fines and even jail sentences.

            If you believe your company is pressuring you to drive beyond the 14-hour limit or overload cargo beyond capacity, consult with our lawyers. They can guide you on the options available to hold the company accountable for compromising safety.

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              Filing A Claim When You Share Some Fault [Complete Guide]

              How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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              Filing A Claim When You Share Some Fault [Complete Guide]

              By  Dan McCrary | April 14, 2024

              Did you know? Car crashes are one of the most important issues in America. More than 19,000 crashes happen daily, meaning more than 6.7 million accidents yearly. The statistics are undoubtedly saddening.

              What’s more worrying is that sometimes victims don’t receive the rightful compensation for the damage. Most of the time, this happens due to a misconception that a claim isn’t possible if you’re also at fault in the accident. Thankfully, that’s not the reality!

              Today, we’ll explain that you can still file a claim if you share some fault in the accident. How is it possible, and what do you need to consider when filing the claim? Let’s find out the answers to all these questions!

              Can You File A Claim If You Share Some Fault In An Accident?

              Yes, it’s possible to file a claim if you share some fault in an accident. Just remember, the compensation won’t be high, and in some states, your eligibility to file a claim depends on the percentage of responsibility you bear for the accident.

              Another crucial consideration is whether your state follows no-fault or at-fault laws. In an at-fault state, you can seek compensation from the driver at fault in the accident. The situation will be completely different in a no-fault state.

              In a no-fault state, all drivers involved in an accident must turn to their insurance providers for financial assistance instead of filing a claim. So, if you live in a no-fault state, you can’t file a claim, whether you’re the victim or partially at fault.

              In contrast, residents of at-fault states can file a claim if they share some fault in an accident and get the rightful compensation. To understand the eligibility for a claim, you must know the types of shared accident faults.

              Types of Shared Faults In Car Accidents

              There are different types of shared faults in a car accident. In some cases, you’ll be eligible to ask for compensation, while in some cases, your involvement in causing injury can hinder your ability to file a claim.

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              1. Comparative Negligence

              Comparative negligence law means assigning a specific percentage of fault to each driver involved in the accident. For example, one driver can be found to be 70% guilty, and the other can be 30% at fault in a car accident.

              After assigning the percentage of the fault in an accident case, both drivers will get the compensation accordingly. The driver who’s at fault will get 30%, and the other will get 70% of the damage.

              2. Contributory Negligence

              Contributory negligence accident law is the complete opposite of comparative negligence. This means that if someone is involved in causing the accident, even if it’s 10% fault, the plaintiff won’t be eligible to file the claim.

              This law is enforced in only four states: Alabama, Virginia, Maryland, North Carolina, and the District of Columbia. In other states, individuals can still pursue claims even if they bear partial responsibility for the accident.

              3. Modified Comparative Negligence

              Modified Comparative negligence is similar to comparative negligence law but has few key distinctions. Under this law, individuals involved in an accident can file a claim, but only if their fault doesn’t exceed a specific threshold, such as 50%.

              For instance, if you share only 30% of the fault in the accident, you remain eligible to seek compensation. However, exceeding the 50% fault can easily disqualify you from receiving compensation.

              How Is An Accident Fault Determined?

              The insurance company determines the fault. Once the claim is filed, the insurer reviews all available evidence, including CCTV footage, police reports, witness statements, driver’s testimonies, and accident scene photographs.

              After thoroughly evaluating the evidence, the insurer decides who is at fault and to what extent. If you disagree with the insurer’s decision, hire a car accident lawyer to negotiate with the provider on your behalf.

              Final Words

              The simple answer is yes; you can file a claim if you share some share in the accident. However, a few things to consider, like whether your state is at fault or no fault. If it’s an at-fault state, you can easily file the claim even if you share some fault.

              The claim is only not possible if your state follows no-fault laws or contributory negligence laws. This is why it’s important to do brief research about your state laws or consult the case with an experienced lawyer before proceeding with the claim.

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                How Many People Died In Car Accidents Every Year In The U.S.?

                How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                Home  »  Personal InjuryBlogsCar Accident

                How Many People Died In Car Accidents Every Year In The U.S.?

                By  Dan McCrary | April 12, 2024

                Do you know that approximately 1.19 million people die every year worldwide as a result of car crashes? With an additional 20 to 50 million people suffering injuries, these accidents leave families shattered and in mourning.

                If you don’t want this to happen to you or your loved ones, stay with us until the end of this guide. In this blog, we’ll discuss the number of people who die in car accidents every year in the U.S. and the main causes.

                You’ll also get the answer to how you can protect yourself from deadly accidents. So scroll down the page, and keep reading to know the shocking facts!

                How Many Car Deaths In The U.S. Each Year?

                The death toll from car accidents in the United States is alarming. According to a report, in the first six months of 2023, approximately 19,515 people died in car accidents. This figure represents the latest data and is notably higher than the numbers for the previous five years.

                In 2017, approximately 40,000 accidents were recorded, marking the highest figure in the past half-decade. Before 2017, the annual death toll ranged from 35,000 to 40,000, but there has been a rapid increase since then.

                In 2020, the number of deaths due to car accidents surpassed 42,000, followed by 46,000 in 2021. The government is also concerned about the deaths and is making new policies for drivers’ safety.

                The government has adopted Resolution A/RES/74/299 in the United Nations General Assembly. This resolution’s main purpose is to create road safety policies to reduce the number of deaths by 2030.

                4 Main Causes of Car Accidents In The USA

                Below are the main causes of car accidents in the USA. Reading about these causes can help you avoid making similar mistakes and protect yourself from potentially fatal accidents.

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                • Overspeeding: Overspeeding is one of the main causes of deadly accidents in the USA. According to the data, about 12,000 people died in car accidents related to overspeeding in 2022.
                • Drunk Driving: Getting drunk or drugged also increases the chances of road accidents. Despite strict rules and regulations, every day, about 37 people die in car accidents due to drinking and drugs.
                • Bad Weather: Weather conditions have a serious impact on driving safety. Heavy rain, snow, and slippery roads increase the chances of losing vehicle control, raising the risk of accidents.
                • Not Following Traffic Rules: Another common reason behind road car accidents is the disregard for traffic rules among teenagers. They don’t follow speed limit rules, turning guidelines, and other traffic regulations, which lead to dangerous accidents.

                Who Is At The Highest Risk To Die In Vehicular Accidents?

                On average, the risk of dying in a car accident is 1 out of 93. According to statistics, men make up a larger portion of fatalities compared to women. This is primarily because men tend to drive more miles. As a result, they experience three times more accidents.

                Apart from gender, certain age groups face higher risks of accidents. Teenagers and individuals who work aged 18 to 59 are particularly vulnerable to accidents. Older people are also at risk of car accidents.

                According to the report, the possibility of an older person dying in an accident is 20.7% to 22.7%, as they have a higher risk of chest injuries, which can be extremely dangerous. At the same time, the chances of teenagers dying from an accident are only 10.8% to 12.0%.

                How Do I Protect Myself From Accidents? 7 Effective Tips

                Here are tips to protect yourself from car accidents on the road. Follow all of these tips to ensure a safe journey.

                • Follow Driving Rules: The best way to protect yourself is to follow the driving guidelines. Most accidents occur when drivers ignore rules like running red lights, using mobile phones, or neglecting seat belts.
                • Take Care of Kids: Never allow children to sit in the front seat. Invest in a child seat for toddlers and place it securely in the back.
                • Strap on Your Seat Belt: Regardless of the trip’s length, always buckle up. It’s your best defense against serious injuries in case of a crash.
                • Keep Your Car Maintained: Regular car maintenance is crucial. Overlooking this aspect increases the chances of mechanical failures leading to accidents.
                • Extra careful while Night Driving: Drive extra cautiously when it’s dark. It’s harder to see at night, which makes accidents more likely.
                • Drive Defensively: Anticipate the actions of other drivers and be prepared to react to unexpected situations to avoid accidents.
                • Stay Sober: Never drive under the influence of alcohol or drugs. Impaired driving increases the likelihood of accidents.

                Final Words

                The number of deaths that happen every year due to accidents is around 40,000. The accidents occur for many reasons, with the most common being driving under the influence of alcohol, failing to follow traffic rules, and neglecting safety precautions.

                You can easily avoid these dangerous accidents by following the rules and paying high attention while driving. Remember, safety should always be your top priority on the road. Contact our car accident lawyers for legal assistance if you need more guidance.

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                  Categories
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                  Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

                  How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                  Home  »  Personal InjuryBlogs

                  Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

                  By  Dan McCrary | April 9, 2024

                  Getting injured on someone else’s property can be a distressing experience, especially if it involves injuries. However, what many may not know is that legal action (Premise liability claim) can be taken if an injury occurs on someone’s property due to the homeowner’s negligence.

                  Premise liability cases for situations where the homeowner is responsible for the injury. These cases can be filed against both residential and commercial properties. However, the strength of such cases can vary based on certain factors.

                  For your help, we’ll answer the following: Can I sue if I’m injured on someone else’s property? We’ll also explain what a Premises Liability case involves and discuss the factors that can influence the outcome of such cases. So, let’s dive in! 

                  What Happens If I Fall On Someone’s Property?

                  If you fall on someone’s property and get injured, you can file a legal claim against the homeowner. However, several factors need consideration, such as why you were on someone’s property and whether you were the invitee, trespasser, or licensee. 

                  Both invitees and licensees typically have stronger grounds for a legal claim than trespassers, who enter a property without permission. It’s important to note that public spaces such as malls or parks don’t fall under trespassing.

                  Since these spaces are open to the public, injuries sustained there can still be valid for a premise liability claim. Just keep in mind that it’s crucial to stick to the rules of public places, such as respecting closing times for parks and malls.

                  A person can’t file a claim if they enter a public or private place after opening hours, knowing the danger and getting injured. So, if you’re also considering filing a claim, make sure to consider the scenario of the case to determine the validity of a premise liability claim.

                  What To Consider Before Filing A Premise Liability Claim?

                  Here are the essential factors to consider before filing a premise injury claim. Understanding these points will help you decide whether your claim is valid, saving you time and effort. Let’s address them one by one.

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                  1. Reason You Were On The Property

                  One of the most important factors to consider before filing the premise liability claim is why you were on the property. It decides whether the homeowner is responsible for safety or not. The presence of a person on someone else’s property is divided into three categories. 

                  • Invitee: This refers to a person invited by the homeowner for a lawful purpose, such as consulting on construction work at the home.
                  • Licensee: These are individuals who are on someone’s property for their own reasons but with the owner’s permission. For instance, friends are allowed to use the yard for a BBQ party.
                  • Trespasser: Trespassers are individuals who were neither invited by the homeowner nor have permission to enter the home. 

                  As you can see, the difference is that the invitee and licensee are individuals who have permission to enter the home. In such cases, it is the homeowner’s responsibility to provide a safe environment to prevent accidents.

                  If the homeowner fails to provide a safe environment to an invitee or licensee and an accident occurs, they are held accountable. On the other hand, trespassers who are not invited by the homeowner typically can’t hold the owner responsible for safety. 

                  2. Business Vs. Residential Property

                  Another crucial consideration for premise liability claims is the type of property where the accident occurred. A business property should prioritize security at a high level as it accommodates numerous people.

                  Residential property owners also bear the responsibility of providing a safe environment for invited individuals. However, residential homeowners can’t be accountable for maintaining the same higher standard of security as business owners. 

                  3. Identifying Responsibility

                  Experiencing an accident on someone else’s property doesn’t automatically make them accountable. An important factor to consider is who was at fault and whose negligence caused the accident.

                  For example, if you attend a party at someone’s home and decide to swim in the pool despite knowing you’re not a proficient swimmer and get injured, the homeowner may not be at fault. In this case, the homeowner could use your lack of swimming abilities against you.

                  What Damages Can You Recover With Premise Injury Claim?

                  The compensation you can recover in a premise injury claim depends on the severity of the injury. If the injury is severe and prevents you from working, you’ll receive compensation for medical expenses, loss of income, and your pain and suffering.

                  Minor injuries on someone else’s property that don’t require hospitalization or hinder daily activities won’t result in significant compensation. Here’s the detailed list of damages that can be recovered:

                  • Medical expenses
                  • Loss of wages
                  • Loss of future earning capability
                  • Pain and suffering
                  • Property damage

                  Final Words

                  The simple answer is: Can I sue if I’m injured on someone else's property? Yes, it's possible. These types of claims are known as Premises Liability claims, but proving such a claim requires careful consideration of different factors.

                  For instance, factors such as the reason for being on the property, whether residential or business and who was at fault for the accident play crucial roles. Courts and insurance providers also take these factors into account when determining the validity of a claim.

                  Hence, it's essential to thoroughly consider the points mentioned above before deciding to file a claim, ensuring that the homeowner is indeed responsible. You can also consult your case with our lawyers to get valuable insight into whether your case has a strong legal basis.

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                    Categories
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                    Does Car Insurance Go Up If You’re Not At Fault For An Accident?

                    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                    Home  »  BlogsCar Accident

                    Does Car Insurance Go Up If You’re Not At Fault For An Accident?

                    By  Dan McCrary | April 5, 2024

                    Will my car insurance go up if I’m not at fault for an accident? Yes, it’s a possibility. How much it will go up depends on many factors, such as the model of your car, the accident that happened, its overall damage cost, etc.

                    Insurance companies do this to save money and minimize risk. Regardless of fault, what matters to them is how likely you are to end up in another accident. The worse your driving history, the higher the chances of accidents; thus, the price will increase.

                    Below, we’ll explain the factors that affect insurance prices and how much, on average, the price can go up. We’ll also answer how you can prevent insurance prices from going up. So, let’s get started!

                    Does Insurance Go Up If It’s Not Your Fault?

                    Yes, insurance goes up even if it’s not your fault in many cases. It’s a higher possibility, especially in cases where the accident was serious and you also have a bad driving history, such as many other minor accidents, traffic violations, etc.

                    The scenario mentioned above can label an individual as a “risky” driver who is more likely to cause another accident in the future. The insurer’s increased risk perception often results in higher premiums.

                    How Much Does Insurance Go Up After An Accident?

                    How much insurance premiums go up after an accident depends on the accident, the driver’s overall driving history, and the insurance company. Some companies have higher premiums after an at-fault accident than others.

                    For instance, some insurers may raise premiums by up to 20% or even 40%, depending on their risk analysis. The greater the perceived risk associated with insuring a driver, the more the insurance company will charge.

                    However, it’s important to remember the insurance premium won’t be high for the rest of your life. If you maintain a claim-free record and avoid traffic violations for a few years following the accident, your insurance premium will return to normal.

                    5 Factors That Affect The Insurance Premium

                    Let’s find out how the insurance company does the “risk analysis,” what factors it considers, and how they affect the insurance premium.

                    1. The Vehicle

                    Your vehicle’s model number and age are important factors for risk analysis. If you own a luxury vehicle with the latest technology, the insurance company would have to pay more to compensate for damages in case of an accident.

                    Due to the higher compensation required, insurance companies usually charge more to insure such vehicles. At the same time, a not-so-expensive model car without the latest technology can be insured for a lesser amount.

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                    2. Driving History

                    A driver’s driving history plays a significant role in determining the insurance premium. Individuals with a clean record, with few to almost no accidents or traffic violations, are considered “safe” drivers by insurance companies.

                    Such a record assures insurers that the driver hasn’t been involved in any legal issues and drives safely. This assurance is crucial for insurance companies since they are the ones who will be paying for damages in case of an accident.

                    3. Location & Age

                    The location and the driver’s age are also important factors. Due to their age and lack of experience, teenagers and older drivers (aged 70 or more) are considered more likely to encounter accidents because of slower reaction times.

                    Besides age, where you live and drive matter a lot. Living in a city means countless vehicles on the road, increasing the chances of accidents compared to a small town. Both of these points often lead to higher insurance premiums.

                    4. Marital Status

                    As stated, car insurance premiums are based on how “risky” a driver is to insure. If the driver is prone to accidents, traffic violations, or speeding, it indicates that they may not be responsible enough, resulting in higher premiums.

                    Insurance companies often consider the driver’s marital status to determine their responsibility. It’s believed that married drivers tend to drive more carefully than young drivers. However, it’s worth noting that this factor isn’t considered in two states: Massachusetts and Michigan.

                    5. Credit Score & Coverage

                    Your credit score holds weight in many states when determining your insurance premium. A good credit score often results in lower premiums, while a poor one might result in higher costs.

                    Moreover, the coverage you select directly affects your insurance premiums. If you choose more extensive insurance coverage, you’ll have to pay higher premiums, offering greater protection in an accident.

                    Can I Prevent My Insurance Rates From Going Up After An Accident?

                    Technically, there’s no way to prevent insurance rates from increasing after an accident if that’s your fault. Almost every insurance company increases the cost, so they might ask for similar premiums even if you consider another insurance provider.

                    However, many insurance policies offer “accident forgiveness” to drivers with a good record. The main benefit of an accident forgiveness policy is that it ensures that the driver’s insurance cost won’t increase due to the accident for the first time.

                    Final Words

                    In short, yes, car insurance goes up whether you’re at fault or not. This is because almost all insurance companies decide premiums based on factors such as driving history, location, age, and more, not solely on fault.

                    A driver considered risky to insure will have a higher insurance premium after an accident. However, if your policy includes “accident forgiveness,” you may be spared from an increase for the first accident.

                    If you encounter car insurance issues, consider contacting the experienced lawyers at McCrary Law Firm. Our lawyers can guide the process and help you claim compensation for the car accident if it’s not your fault.

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