Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

In Part One of this series about how a lawyer can help after a car accident,  I covered one concern people have--that it may look like they are not knowledgeable enough or basically, the "How hard can it be" mindset.   I countered that an accident attorney can navigate the insurance company roadblocks for you and possibly increase the compensation you could receive for your injuries. 

Now I want to cover another reason I hear from people as to why they are apprehensive about contacting a personal injury lawyer--They don't want to look like they are chasing money or are greedy.  To this I say, that is definitely NOT what hiring a lawyer after an accident is all about.

First, if you are hurt in a car accident, the other driver who may have caused the accident is likely not going to have to write you a check for any damages.  Don't feel bad for that poor high school kid or sweet old lady who was so upset after hitting your car.  Who pays in an accident is the insurance company. Think AIG, Shelter Insurance, Allstate, and Progressive and not the sweet old lady.  This is why Missouri law requires drivers to carry auto insurance and this is the purpose for having auto insurance.  

After you are hurt in a car accident, you can have a lot of new expenses.  We all know health care is very costly.  Even if you are fortunate to have health insurance, there are deductibles and uncovered procedures. You will certainly have repairs to your car and maybe even a temporary rental car while yours is in the shop.  You may have missed work while in the hospital without sick days or vacation days (or after you used those) and you had no income.  Extra therapy may be required for your recovery that your health insurance won't cover, or you have to take unpaid time off work for therapy since you may have used all your sick days and vacation time.  Additionally, you may be injured so that you cannot work the same job or enjoy the same activities.  Lastly, there may be future medical expenses do to the long term effects of your injuries.  These are all costs that you are now paying as the result of a car accident that was not your fault (or at least not 100% your fault).

It is not definitely not selfish to ask that the responsible party's insurance company pay for these unexpected expenses and even for your related pain and suffering.  No sane person would willing choose to be involved in a serious car accident just for the money. It is too disruptive to your life, your family, your goals and causes too much uncertainty for your future.

As a car accident lawyer, I turn down clients every day who are just trying to make a claim for the money.  They usually don't have a case and even if they do, it certainly isn't a case I want.  If you are hurt from a car accident, call an experienced lawyer for help. Get an expert to do the work for you and help you maximize your claim.  Don't worry about looking like you can't do it yourself or looking like a a gold digger.  Instead, worry about getting your life back.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

People often tell me that contacting a lawyer after an accident can be intimidating.  Many people either don't want to look like they lack knowledge and need help, or they don't want to appear to be trying to sue just for the money. Neither reason should prohibit an injured person from contacting an accident attorney and I'll cover why that is so in this two part series.

A Car Accident is Not a Do-It-Yourself Project
Calling an experienced car accident lawyer to represent you after an accident is like calling in a licensed electrician to do major wiring in your house.  Sure, you can swap out a light fixture, but adding wiring to a new wing of your house is completely different. You not only want it done so it works, but beyond that, you also you want it to be safe.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With the large scale of the recent Toyota recalls, I have had several people call my office with questions related to their involvement in car crashes with a Toyota prior to the recall.  So how does a recall impact an accident that has happened in the past?

A recall is a response by a manufacturer to collect products for repair, replacement or destruction in order to avoid any more people being hurt by a design flaw, manufacturing mistake or contamination.  By law, during a recall the manufacturer is given a chance to fix the problem and the product owners are expected to cooperate.  In the case of Toyota, if you choose not to repair your car as advised and your recalled but unmodified Toyota later causes a car accident, it will be much more difficult to recover damages claiming it was the fault of the car.

A recall is also an admission by a manufacturer of the existence of a problem and thereby helpful in providing a reason or contributing factor as to why an accident, or in this case, a car crash, may have occurred.  The Toyota recall could shift the cause of a car accident from "The driver was going to fast" to "The accelerator on the Toyota was stuck" or from "The driver didn't allow enough time to brake" to "The brakes on the Toyota did not respond".  You will need a lawyer to help prove there was faulty performance of the car, but how damages and medical bills are awarded can change dramatically if the proof does indicate the cause of the car crash was the car and not the driver.

Since Toyota's announcement of the recall, if you have been fortunate enough to avoid having a related car crash follow the instructions promptly to have your car repaired.  If you own a Toyota, start with a visit to http://www.toyota.com/recall and perhaps a call to your dealer.  However, if you were in a car crash caused by a Toyota prior to the recalls, contact a car accident attorney to be sure your case is properly investigated and handled in light of the details of the recall.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A new Toyota recall was announced today, this one involving the brakes in 2010 Prius and Lexus hybrids covering almost 450,000 vehicles worldwide.  When combined with the previous major recall for certain Toyota models with accelerator pedal issues with and without floor mat complications, a total of around 8 million vehicles are impacted.  Both recalls involve vital functions of a car that when malfunctioning have the potential to cause a serious car crash.  If you drive a Toyota being aware of how to handle either case can help you remain safe while on the road until you can get to your dealer for the required repairs.

Unresponsive Brakes

If you own a Toyota hybrid that is named in the latest recall and experience a delayed braking response, Toyota says to continue to depress the brake until it engages appropriately. Hopefully that will be before your Toyota causes a crash, so to be safe, you may also want to drive a bit more cautiously (i.e. slowly) and leave extra room between you and the car in front of you until you have the necessary repairs completed.

Stuck Gas Pedal

It is reported that the Toyota accelerator issue gets worse over time and thus, drivers should be mindful of how their car is behaving and get to the Toyota dealer immediately at the first whiff of a problem.  

But if it is too late for that, Consumer Reports tested what to do to avoid a car crash if your gas pedal is already stuck--regardless of the brand of car you are driving. 

1. Brake hard, but do not pump the brakes.
2. Put car in neutral
3. After stopping, turn off the engine. Without the engine, you will lose power steering and power braking and may have difficulty controlling the car so if possible, wait to do this last.

If the above driving tips come too late and you have already been involved in a car crash with a Toyota, please call an attorney experienced in handling car crashes to ensure your case is handled appropriately and professionally.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I had a court appearance in Christian County today and a meeting in Branson.  On the way there I passed through a small work zone.  As I slowed down, a semi truck and a following SUV (driver was on the cell phone) came around and kept going at full speed without slowing at all.  It was snowing and  both motor vehicles came within a few feet of one of the workmen.  As a testament to their bravery and probably the sheer number of times they are subjected to this danger, he casually moved out of the way.  Amazing.   Lets slow down and give these guys a break.

From MoDOT

In 2008, MoDOT will continue working toward improving 5,600 miles of roadway by the end of 2011, which will bring 85 percent of Missouri’s roadways up to good condition. Called Better Roads, Brighter Future, the program targets highways carrying 80 percent of all traffic on the state highway system – that’s 103 million miles traveled a day. These improvements mean many work zones across the state. We can manage our work zones, but we need your help to keep work zones safe.
Thank you for driving smart.

In 2007, 5 people were killed in work zones, which is a 74% decrease in deaths from 2006 when 19 people were killed. Thank you for driving smartly!
There were approximately 800 people injured in 2007 work zones, compared to 1,190 in 2006. This is a decrease of more than 30%.
Between 2002 and 2006, 113 people were killed and 6,582 people were injured in Missouri work zones.
Since 2000, eight MoDOT employees have been killed in work zones.
Inattention, exceeding the speed limit and following too closely are the leading causes of work-zone crashes.
The number one reason people die in traffic crashes in work zones and elsewhere is failure to wear safety belts. In 2007, of the 978 fatalities, 778 were occupant fatalities. Of the occupant fatalities, 67 percent of vehicle occupant fatalities were not wearing a seat belt.

Drive Smart in Work Zones to Arrive Alive

Here are some helpful tips:

Buckle Up! – Every trip, every time – safety belts save lives.
Stay Alert! – Dedicate your full attention to the roadway.
Follow Signs! – They’ll guide you through work zones safely.
Expect the Unexpected! – Watch for flaggers, workers and equipment.
Pay Attention! – Turn the radio down and don’t use your cellular phone.
Be Patient! – Remember workers are improving the road for future travels.
Don’t Speed!– Follow posted limits and adjust for weather conditions.
Don’t Drink and Drive! – Impairment of any kind is unacceptable.
Be Nice! – Merge early, don’t tailgate and don’t change lanes in a work zone.
 

Here's the three "S's" of managing work zones safely. Speed, Space and Stress. Handle these three factors and you're almost home free.

MANAGE YOUR SPEED:

Slow Down when approaching all work zones. You will be in the work zone quicker than you think.
Follow Posted Speed Limits, especially within construction zones, and try to maintain a consistent speed with the traffic flow. And adjust your speed for weather conditions.
Don't Resume Normal Speed until you see roadway signs indicating it's safe to do so.

MANAGE YOUR SPACE:

Leave Room. Leave adequate braking room between your vehicle and the one ahead of you. Count out at least two seconds from the time the car ahead of you passes an object and the time your own car passes that object. Also, keep a safe distance between your vehicle and traffic barriers, trucks, construction equipment and workers.
Don't Pass on the Shoulder. Don't drive across the median. This creates a very dangerous situation for you, construction workers and other motorists -- not to mention the steep fine.
Leave Yourself an Out. When stopped in traffic, leave a safety zone between you and the vehicle in front of you. A good rule of thumb is that when stopped in traffic you should be able to see the bottom of the tires of the vehicle in front of you.
Watch Out for Tailgaters. Do not force tailgaters to back off by slamming on your brakes or reducing your speed significantly. This practice can lead to road rage and increases the chances of a collision. When possible, pull over and let them pass. If this is not possible, turn your headlights on and off several times during daylight hours to illuminate your tail lights and warn tailgaters they are too close. If at night, lightly tap your brake pedal to illuminate your brake lights.

MANAGE YOUR STRESS:

Keep Your Cool. Calm down and don't rush. Remember, the temporary inconvenience of a construction zone will pay off with greatly improved roads soon.
Pay Attention. Avoid cell phone or radio distractions, as well as those of other stopped cars or construction.
Expect Delays. Use the MoDOT Work Zone map on this Web site and other available information to keep yourself informed about construction on your route. Leave a bit earlier, if necessary, to arrive at your destination on time. Consider using an alternate route that bypasses the construction zones.

If you or someone you love has been involved in a car crash accident, construction zone accident or other personal injury or workers compensation claim involving a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

• Email This
• Print
• Comments
• Trackbacks
• Share Link