Personal Injury Checklist - What to Do if You are Injured in an Accident

Here is a short checklist of what to do if you have had an injury in anyway. It is not intended to impart legal advice because each case is different and each case can pose its own legal issues. Regardless, you should consult a lawyer immediately to help protect your interests.

Report the accident to the Police, if the impact was significant. Your lawyer will then obtain the police report, if any.
Immediately obtain medical treatment if you are injured. Failure to obtain immediate medical treatment diminishes your claim that you suffered injuries as a result of the accident.
Take pictures of damages to any cars/property involved - before any repairs or improvements are made. Non-digital pictures, for example, from a disposable camera, are better than digital pictures because digital pictures are susceptible to later claims of alteration.
Take pictures of your injuries immediately. Pictures can more easily and accurately describe injuries.
Do NOT make a statement to any insurance representative without consulting a lawyer. Those statements may be used against you in your attempt to obtain full compensation for your injuries.
Keep a list of all doctors, hospitals and treatment centers you visit.
Keep a log of all work lost as a result of your injuries and treatments. Lost wages are recoverable and can be a large amount of your recovery.
Keep a log of all other out-of-pocket expenses (rental car, medical treatment co-pays, etc.).

Keep a log of how your life was specifically affected as a result of your injuries, including personal engagements and events missed.

I hope you find this list useful in obtaining full compensation for your injuries.

When Do You Need a Car Accident Lawyer?

Many people feel like they shouldn't make a fuss after being in an accident, and should just take care of things through their own insurance coverage. In many cases, though, a car accident lawyer becomes necessary to help you get what you deserve. Although they're not necessary after every accident, or even every major accident, there are many situations in which it can really pay to hire an accident attorney.

First, your need for an accident attorney depends on the severity of the accident and of any resulting injuries. A fender-bender usually does not require a legal case, and you probably won't need a lawyer to handle the situation. On the other hand, a serious accident in which one or more vehicles have been "totaled" will often call for legal counsel to guide you through the often confusing aspects of dealing with insurance companies. If you have been injured in a car accident, a car accident lawyer can help you get the settlement you deserve.

You should never accept any settlement offer without first consulting a lawyer. You need a professional auto accident attorney to help you get the compensation you deserve; many of these lawyers don't get paid unless you successfully negotiate a settlement. Too many victims of negligent drivers avoid going after what they deserve because they don't want to get caught in a long and drawn-out process, but an accident attorney can help everything go smoothly.

Car accident lawyers are often involved when the fault of the accident is questioned. While many accidents are clear-cut cases, in some, it is difficult to determine who is at fault. Whether the accident is major or minor, fault must be determined before insurance companies will pay for the damage or injuries. The types of car accidents vary widely, which can often make it difficult to determine who is truly at fault. If the accident is still being investigated by the police or by insurance agents, contact a lawyer as soon as possible. If you have been in a car accident caused by someone else, a skilled accident lawyer can help to guide you through this process and gain a favorable outcome.

If your insurance company has denied your claim for coverage, but you know that you deserve some compensation for the accident, you need a car accident attorney. Your lawyer can fight for your case, working between you and the other party, their insurance company, and your own insurance company to get your claim settled. The goal of an insurance adjuster is to pay out as little as possible to save the insurance company money. They may make an unreasonably low offer or argue that the accident was your fault. Car accident lawyers are skilled at dealing with insurance companies to get a fair settlement.

At some point in your life, you will probably be involved in some type of car accident. These can be very scary, especially if it's your first accident. In the aftermath of an accident, you may feel overwhelmed and frightened by the possibility of getting your car fixed and healing from your injuries. If ever faced with such a horrible situation, you should know what to do. Not only must you exchange your contact information and insurance numbers with the other party, but you must also know when the skills of a car accident attorney are needed.

Do You Need An Auto Accident Lawyer?

If you have been hurt in an auto accident, you should consider getting an auto accident lawyer. A professional lawyer can win the case for you. With their expertise of auto accident law, they do the necessary research and talk to the insurance companies so that you get the money you deserve.

Most accidents happen because of the negligence of the driver involved. The person who is injured can make a claim against the insurance company and collect money for the injuries. Often insurance companies want to offer settlement before the injured person has fully recovered. This is because occasionally what seems to be a minor injury can turn out to be a serious one and may require some extended treatment. In such cases, the guidance of the attorney comes handy.

When you talk about settlement, it is final. Which means you can't ask for some money now and leave the option of coming back for more money in case of further complications. So you might not obtain full compensation for your injuries if you settle for a claim before you have fully recovered.

Although everybody assumes that lawyer's fees are hefty to pay, chances are they can be realistic. Most accident lawyers will handle the case on a contingency fee basis that means they receive the percentage of your settlement money as their remuneration. So they get their fees only if they can get you your insurance and compensation money.

To find the best attorney, the first thing you should do is ask your friends and family about attorneys whom they have used in the past. References are always the best because you know people who have used their services. You can talk to a few lawyers and have them give their suggestions on your case. Choose the one you feel comfortable with.

Steps Taken By An Auto Accident Attorney:

When the attorney meets you after an accident, he discusses the claim with you. He then gathers the related evidence and researches on the facts given by you.

The attorney explains the entire legal process in relation to your claim. If you have any questions feel free to clear your doubts.

The auto accident attorney negotiates with the insurance company to get you a settlement you deserve.

So if you have been injured and feel that you deserve justice, immediately consult an auto accident lawyer. You definitely deserve to seek compensation. It is always a good feeling to know that someone is by your side, helping you fight for justice.

Special Issues Arising in Car Accident Cases

Car accident cases have many kinds of special issues that arise during litigations. These make litigations for auto accident claims more difficult and complicated.

In these issues, potential third parties spring out to become liable for the injuries incurred by the victims. As such, the litigation process must take steps to consider or hear out these special matters in order to litigate a case, thoroughly.

Here are several subjects occurring from the accident, which usually turns up as the litigation proceedings unfolds:

- Accidents involving hit-and-run - these cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.

- Accidents involving Car-Pedestrian - these kinds of cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the conduct or actions of the pedestrian is also being attributed.

- Accidents involving Car-Motorcycle - Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.

Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.

- Accidents involving Car-Bicycle - like the car-motorcycle collisions, the bicyclist is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist. The car driver's arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle's speed.

On the other hand, it is also a fact that some bicyclists engage in dangerous activities while on the road. Noted violations are ignoring of traffic signals and riding on the wrong side. These actions make accidents a possibility.

- Accidents involving buses - The sheer mass and size of typical buses make accidents quite serious matters and attract great attention. Furthermore, bus passengers are most often unrestrained, causing more victims to suffer injuries.

Other accidents, which arouse special issues in motor vehicle - involved car accidents, are the following:

o tractor-trailer and semi-truck accidents

o vehicle modifications involving after-market parts

o road debris accidents

Truck Accident Lawyers - Semi Tractor Trailer Accident Attorneys

Every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks

In 2001, 429,000 large trucks were involved in traffic crashes (both fatal and minor) in the United States:
- 4,793 were involved in fatal crashes
- 5,082 people died
- 131,000 were injured
- In 2001, there were 6,536 total crashes involving tractor-trailer trucks in Pennsylvania;154 were fatal.

In 2003, there were 58,512 total vehicle accidents involved in fatal crashes in the U.S.

- 4,669 were large trucks involved in fatal truck accidents
- Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles.

In 2003, Texas witnessed 5040 fatal traffic accidents, of which 438 were fatal truck accidents. This number has risen from 5039 total traffic accidents and 401 fatal truck accidents for the previous year 2002. Similarly, in Pennsylvania, there were 2233 fatal traffic accidents in 2003, of which 213 were fatal truck accidents, as opposed to corresponding numbers of 2198 and 174 for the year 2002. Florida had 4432 fatal traffic accidents in 2003, with 343 of them involving trucks, which was higher than 4431 total traffic accidents for 2002 but lower than the 351 fatal truck accidents in the same period. The highest number of fatal traffic accidents happened in California, with the number being a staggering 5725 fatal auto accidents in 2003. But at 332, the number of fatal truck accidents was not the highest among all states in the US.

Trucking revenues totaled $610 billion last year and revenues are forecasted to nearly double by 2015. The majority of fatal truck accidents occur in rural areas (68 percent) during the daytime (66 percent) and on weekdays (78 percent). In 2002, the majority of large truck crashes occurred in good weather (71 percent), on dry roads (71 percent), during the daytime (75 percent), and on weekdays (88 percent).

About 27 percent of all large truck drivers involved in fatal truck accidents throughout the United States had at least one prior speeding conviction compared to 19 percent of the passenger vehicle drivers involved in fatal crashes. From 1992 to 2002, the number of large trucks involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle operation, large, unstable loads or defective equipment.

Defects contribute to the number of large truck accidents each year. Some of these defects include:

- Tires or wheels: 80 crashes
- Brake-related: 76 crashes
- Engine/Transmission: 52 crashes
- Steering Wheel: 13 crashes

About 700 heavy truck drivers and passengers in truck cabs die each year. In addition, almost 3,700 persons in cars and other passenger vehicles die annually in collisions with heavy trucks.
The Insurance Institute for Highway Safety reports that in crashes involving large trucks and other vehicles, 98% of the fatalities occur to the people in passenger vehicles.

The National Highway Traffic Safety Administration (NHTSA) has warned groups using 15-seat passenger vans about the dangers of fully loading the vans and then putting an inexperienced driver behind the wheel. The NHTSA also stated that 15-passenger vans are large trucks and should only be driven by people with experience driving large trucks.

The FMCSA's Motor Carrier Management Information System (MCMIS) classifies a truck as large if its gross vehicle weight rating (GVWR) exceeds 10,000 pounds.

The majority of fatal crashes involving tractor-trailer trucks include trucks that are pulling one trailer. A recent survey showed that 64% of fatal truck crashes had one trailer. Thirty-two percent of those involved single-unit trucks (no trailer) and fewer than 4% of the those involved multi-trailer vehicles (more than one trailer).

Car Accident Lawsuits

Although over the years, safety aspects of cars and automobiles have improved tremendously, car accidents are still quite common in each and very country. Research data proves that any given person will be involved at least once in an automobile accident in his lifetime. If you have been unfortunate to be involved in a car accident, then you need the help of a personal injury lawyer.

A point to be noted is that not every car accident will lead to litigation. There may be accidents where no one gets injured or the injuries sustained are minor. In these accidents, it is always possible to resolve any problems by getting your claim for medical care and car damage directly from the driver's insurance company. It is when there are serious injuries or the damage to property is too great that a lawsuit happens.

Car accidents can happen for many reasons. The most common cause is the driver's error. However, distractions, driving while intoxicated, bad weather, vehicle defects, road conditions and road design can also contribute to car accidents.

If you happen to get into a car accident and the case goes for litigation, there will always be two cars involved. One would be your car and the other would belong to the person with whom you had the accident. Either you and / or the other person would claim that the accident was caused because of negligent driving on the part of the other driver. At times, the lawsuit can involve a passenger accompanying you who would claim injury on account of your negligent driving.

Car accident lawsuits can also be against a government agency for not maintaining or designing a roadway or intersection properly. You can also file a car accident lawsuit against the manufacturer of the car for not designing the car or a part properly which lead to the car accident.

Ultimately, your lawyer would be the best suited to advice you on the type of car accident lawsuit and it would be in your best interest to follow his or her advice.

Pennsylvania Construction Accident Lawyer

A construction site is a highly dangerous place to work, and it is vital that site owners and managers adhere rigidly to health and safety regulations in order to provide the safest working environment. However, constructions accidents continue to occur, and when they do the consequences can be serious or deadly. A Pennsylvania construction accident lawyer is a professional that can help you to get justice and compensation in the event that you have been affected by a construction accident. If the accident occurred as the result of negligence or failure to follow regulations, you could be entitled to a hefty compensation payout, and a Pennsylvania construction accident lawyer can help you to get this payout.

Construction accidents can also result in death, and with so many dangerous and deadly items and structures in one place it is no surprise that many workers are fatally injured each year. A Pennsylvania construction accident lawyer can also help you to get compensation if you are a family member of the deceased. It is advisable to contact a Pennsylvania construction accidents lawyer as soon as possible following the accident. Your lawyer will then offer advice with regards to your rights, and will start to put together a solid case to maximize your chances of getting compensation for your accident or for the loss of a loved one. Having the help of an experienced lawyer in this field can make a real difference when it comes to getting compensated.

One problem that many people come across is where to find the money to benefit from this legal expertise, and this can be quite a sum. However, you can avoid this additional worry through a prepaid legal services plan, which will provide you with peace of mind and easy access to a trained and experienced construction accident lawyer to help with your case. This can really lighten the load, as it means that you won't have the additional stress of having to find a lump sum to get legal assistance, and it costs just a small amount each month to have one of these plans in place.

Car Accident Personal Injury Claim - I Was Hit by a Texter, Can I Get an Auto Accident Settlement?

Are you trying to file a car accident personal injury claim? In this article we are going to talk about the question "I was hit by a texter can I get an auto accident settlement?"

It is not uncommon to be driving down the road and see someone messing with their phone. Maybe they are just dialing but some you can just tell that they are texting or that is just one very long phone number they are putting into their phone. As they are texting they do not notice that they are coming over into your lane and they side swipe you. Now you have to think about filing a car accident personal injury claim. Let's go on and talk about the question "I was hit by a texter can I get an auto accident settlement?"

Tell The Police What You Saw

You can tell the police that you saw the offending driver texting while driving. This act is actually illegal in some states now and if it can be proven that they were texting at the time of the accident they may get a ticket as well as having to pay for your injuries and damages to your car.

Call Your Insurance Company

After you called the police the next person that you should have called was the car insurance company. You will need to tell them what has happened and any details that you might know. When you get more information then you will need to call and update them.

Conclusion

When you want to file a car accident personal injury claim you will find that no matter why the person hit you that you should be compensated if they are found at fault. You may be able to get more of an auto accident settlement if you can prove they were being negligent.

Improving Your Odds With an Auto Accident Lawyer

Have you suffered an auto accident? If you take the right steps, then you can ensure you will get through any necessary legal action smoothly and efficiently. You'll need to contact an auto accident lawyer to help you out, but first you can begin collecting all the information you can.

You'll want information from everyone involved in the accident. This includes people in your car, in the other car, and anyone who witnessed the accident. In addition, you should take note of the officers who attended the accident. Record their badge numbers so you know who will file the report. Ask them how long you have to wait before you can get a copy of the police report, and where you should pick it up.

One of the best things you can do, is to write down everything you remember about the accident as soon as possible. It becomes difficult to remember specific details as time goes on. Record the date and exact time of the accident. Write down exactly how the accident happened, what the weather conditions were, or any other variables involved in the event. Were you making a left hand turn? Was the other driver speeding, talking on the cell phone, or doing anything else you remember? Write it all down.

In addition to writing down the details of the accident, consider drawing a diagram. This will help your car accident attorney understand precisely what occurred. Use arrows and simple shapes to draw the diagram. The purpose isn't artistic but informational. An accurate diagram will help your car or motorcycle accident attorney understand the details as well as you. This will give him the ability to accurately assess the case and recommend the best course of action.

A good diagram will represent the different phases of an accident. Three separate diagrams will work best. The first diagram should show where each car, person, or obstacle was prior to the accident. The second should show, as accurately as possible, where everything was as the accident occurred.

The final diagram should depict the final outcome of the accident: it should show where each vehicle ended up, and where any skid marks were. Pictures are good to have too. Taking pictures of the vehicles, skid marks, and location is very helpful, especially if you think to do it right after the accident.

One final point to remember is that you need not admit any wrongdoing at the scene. You don't have to offer to pay for damage to the other person's car, even if you feel like you should. Instead, you should consult with an auto accident lawyer first. This doesn't mean you should refuse to sign a ticket given to you by the attending police officers. Signing a ticket isn't the same as an admission of guilt. If you believe the ticket was unwarranted then it is well within your rights to challenge its validity in court.

Car Accident Attorneys and Their Benefits to You

While being involved in a car accident is horrible enough, sometime the worst part about the whole situation is dealing with all of the legal headaches afterwards. In order to make this as easy and smooth as possible, find a reputable attorney who specializes in handling cases involving a road traffic accident claim or a motorcycle accident claim. These lawyers are adept at making sure you are duly compensated for your injuries both physical and mental. You can never go wrong with a qualified attorney in your corner.

A car accident compensation claim lawyer is knowledgeable with all of the most important aspects of personal injury cases, no matter what the circumstance may be. A road traffic accident claim can help you recover lost wages, medical expenses, a wrongful death, product liability, property and other damages. A really savvy and experience attorney can even make sure your immediate family has some of their expenses covered in relation to any costs incurred from their loved one's accident. This would range from loss of companionship and future income to pain and suffering. The attorney you choose to handle your motorcycle accident claim will know every aspect of the law in your situation.

The attorney handling your road traffic accident claim will do everything in their power to represent your best interests. This also involves communications between the judge, the defendant's team and insurance companies. It is also a good thing to have someone there who can help explain you through some of the more confusing processes leading up to the trial, as well as what you can expect at each step of the trial. The knowledge and experience of a motorcycle accident claim is an invaluable service to have.

If your car accident compensation claim is successful and you receive a financial offer from guilty party or insurance company, it is your attorney's job to advise you whether or not that sum offered is suitable in comparison to your damages. An experienced attorney basically consults at every step of the process to help you determine the acceptability of the offer so that your claim is settled at a decision you can live with. If the offer is too low for your damages, then your attorney will work as hard as possible to make sure you receive a better settlement. There is nothing wrong with protecting your rights and making sure you receive what you have coming to you in a road traffic accident claim.

Auto Accident Lawyers - Why You Need Them

You never know when or where a car accident will happen, especially to you. And when they do occur, even without significant damages, deaths, or injury, there are far still ranging effects afterwards. Like the cost to repair your car, or any resulting loss of income (from the loss of property, or injury).

When involved in a car accident, there are a few things that you should know. Compensation is always the question in everyone's minds after an accident- be it compensation for damages, injury, or death. Now, for most of the time, damages are covered by insurance, but first, to determine how much the claimants are to be given, the company has to establish fault.

Then it is a question of who is more responsible for the accident. This directly affects how much the insurance will cover. It is assigned by a claims adjuster from the insurance company, who analyzes the situation, and based on this analysis, will assign a percent value -the "comparative fault"-- to each party according to how much of the accident they are responsible for. Certain states have regulated insurance by "pure comparative fault." With this system, your degree of responsibility is subtracted from your claim: being thirty percent responsible, for example, deducts thirty percent from your insurance claim.

The state of Texas uses "proportional comparative fault", in which claimants are entitled to the full amount of insurance as long as they weren't assigned a certain level of responsibility. Texas has set this level to 51 percent. If you were at fault for 51 percent or less, you get fully compensated. More than 51 percent, and you do not receive any compensation from your insurance company.

For you get as much compensation as you can, you should hire one of the San Antonio auto accident lawyers in the area. With a good auto accident attorney, you get someone who can assess the situation, and serve as your advocate when negotiating with the claims adjuster. If the case reaches court, your lawyer can represent you there, as well.

An auto accident attorney can help in a number of other ways. They can gather the evidence needed to plead your case (before a court or insurance company), like police and medical reports. An auto accident attorney in San Antonio can find and talk to potential witnesses, who can give statements to help you build your case. San Antonio auto accident lawyers can help you understand your legal situation, inform you of your rights, draft letters, and be your advocate if there are any disputes.

Whether a lawyer is needed after an accident in the first place will depend on the situation. If there has been a death or an injury, a lawyer is definitely required. Or it there is a dispute over fault with other parties or with the claims adjuster, or if you feel you have a strong case for compensation that is being withheld, look for San Antonio auto accident lawyers. It's in your best interest to be represented by someone who understands what is needed in these stressful situations.

Get Compensation For Your Car Accident Claim Today

Although we Britons are fortunate that injuries and illnesses do not in and of themselves lead to penury - thanks to our National Health Service - those who are victims of another's carelessness still suffer pain, disability and in many cases, loss of wages. Unfortunately, the costs associated with legal representation often prevent these individuals from filing a car accident compensation claim. Thus, such accident victims may fail to collect funds to which they may be entitled in compensation.

Contingency Cases
Increasingly, solicitors here in the U.K. and abroad are willing to take such injury cases on what is properly called a contingency basis. This means that s/he will file a road traffic accident claim on your behalf and either (A) attempt to reach a settlement with the defendant, or (B) argue your case before the bench. S/he collects a fee from you, the claimant, only if s/he is successful in this endeavor - otherwise, you owe him/her nothing. This applies whether one brings suit over the death of a loved one or if the case involves something relatively minor such as whiplash injury claims.

Ancient Precedent
The idea that one should be compensated for one's injuries caused by another is an ancient principle in English law, predating the arrival of the Normans. Had there been motorcars in King Aelfred's time, for example one who was injured by someone who had perhaps had mixed a bit too much mead with his petrol would have brought his car accident compensation claim before an assembly of freemen, known as the the folc-gemot. If this assembly found the claim to be a valid one, the party responsible for the injury would have been ordered by the assembly to pay an amount of gold or silver to the victim, which in those days was called were-gyld or "man-price."

Modern Practice
In Anglo-Saxon times - and in fact, until relatively recently - this principle was applied rather unevenly; one who had great wealth and influence was far more likely to either receive compensation for an injury, or if he was the responsible party, escape liability altogether. We today can thank Lord James Atkins, the great Welsh jurist of the early 20th century for today's law of negligence. Although this particular case had nothing to do with motoring or claims (it was actually about a dead snail in a bottle of ginger beer), it established the central concept of British tort law as defined by another of our nation's great jurists, Lord Colin Blackburn, who said:
"Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."

This principle applies whether you trip over a child's toy left on the curb or have grounds for a road traffic accident claim - and thanks to no win no fee solicitors, you needn't have great wealth and influence to bring your case before a judge.

California Boat Accident - Case Study - Boat Hits Water Skier

If you or a family member are seriously injured in a boating accident in California, then it is important for you to understand how maritime law operates. This article is a case study of a vessel collision between a small inflatable power boat and a water ski boat that illustrates boat accident law.

A maritime legal analysis is performed in order to illustrate boat accident negligence and vessel collision legal principals. This is a recreational boating accident in California.

A Case Study - A Boat Accident on Mission Bay

Picture this, a typically beautiful chamber of commerce weekend on Mission Bay in San Diego. It's Saturday morning at the beginning of spring, so the water park is busy, but not the zoo it will be in a few hours.

A ski boat is slowly towing a young girl and is going in the proper counter-clockwise rotation flow of traffic. As is usually the case in recreational boat accidents, a day of pleasure quickly turns to danger and danger in turn quickly turns to disaster.

A small inflatable power boat pops up from behind an anchored luxury yacht. The inflatable boat is going the wrong way. That is, clockwise, against the flow of traffic. Further, the inflatable boat is going way too fast. The ski boat driver takes the proper evasive maneuver to starboard and turns the ski boat in order to pass the inflatable boat port to port.

After passing the ski boat the inflatable boat driver takes a radical turn to port - - apparently in an effort to try and "catch air" over the ski boat's wake. The young girl's skis go under the inflatable boat, launching her and slamming her into the inflatable boat's engine, seriously injuring both of her legs and right arm.

Maritime Law Analysis: Rules of the Road Violations:

Federal Navigational Rules are also referred to as "Rules of the Road." The following is a thumbnail analysis of the Rules of the Road violations presented in this Case Study.

The young girl has a strong liability case against the operator of the inflatable boat. The inflatable boat operator is in violation of the following Navigational Rules:

Rule 5 - - Lookout

The vessel failed to keep a proper look-out.

Rule 6 - - Safe Speed

The vessel proceeded at a speed too fast for the conditions.

Rule 10 - - Traffic Separation Schemes

The vessel failed to proceed in the appropriate traffic lane in the general direction of traffic flow for that lane.

Rule 18 - - Responsibilities between Vessels

The vessel failed to keep out of the way of a vessel restricted in her ability to maneuver.

Defeating the Limitation Action

The inflatable boat was launched from the luxury yacht and is owned by the yacht owner. The yacht owner filed a Limitation of Liability Action in Federal District Court. The Limitation Action was defeated because the yacht owner was deemed to have privity and knowledge of the inflatable boat driver being up partying hard the night before and drinking 2 hours before the collision. The inflatable boat driver blew a.09 on the Breathalyzer and was booked by the San Diego Police for boating while under the influence.

Applying the Pennsylvania Rule

Under maritime law, when a vessel violates one of the Rules of the Road the burden rests upon the violating vessel to show not merely that their fault might not have been one of the causes, or that it probably was not, but that it could not have been. This is called the Pennsylvania Rule, or as I like to call it, "Check Mate." The Pennsylvania Rule is used to establish liability for boat collisions. Used properly, the Rule is a powerful weapon in boat collision lawsuits.

Case Result:

The insurance company for the yacht / inflatable power boat owner paid a high six figure settlement to the Guardian ad Litem of the young girl.

Disclaimer:

The foregoing is a California boat accident case study. It is not legal advice. Any resemblance to actual events, persons and/or vessels is purely coincidental. I am simplistic in order to achieve clarity. Each boat accident case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your boating accident case will have a similar result as discussed in this vessel collision case study.

Negligence - When Does an Accident Create Legal Liability?

The law in Pennsylvania has special provisions about when children can be held responsible for their negligence (carelessness resulting in harm to another or themselves). Under certain circumstances, children are held incapable of negligence and, in others, they have to take legal responsibility for their careless acts.

A special rule applies when someone attempts to sue a child for negligence and when someone tries to defend a negligence lawsuit brought on behalf of an injured child by claiming that the child was guilty of negligence that contributed to causing the child's injuries (contributory negligence). The rule is age-based and the rationale behind it is that, below a certain age, children should be assumed to be incapable of guarding against danger, but as children get older, they are capable of being more careful.

Pennsylvania law conclusively presumes that a child under 7 years old is incapable of negligence. So, a child under the age of 7 cannot be held legally liable for negligent acts and someone defending a case brought by an injured child under the age of 7 cannot defend the case using an argument that the child was guilty of contributory negligence.

At age 14, children are presumed to be capable of negligence and can be held liable for the actions unless it can be proven that, for some reason, such as lack of intelligence or experience, it would unfair to hold a child liable.

Children between the ages of 7 and 14 must be looked at on a case-by-case basis to determine whether or not they exercised care consistent with an average child of the same age, intelligence and experience. Between the ages of 7 and 14, as a child gets older, it is more likely that he or she will be held responsible for negligence.

The law does not judge children by adult standards, such that even a 15, 16 or 17 year old will not be expected to exercise the care of an adult because children of such ages do not have the experience and wisdom of adults. Instead, children are required to exercise the care of an average child of the same age, intelligence and experience, and will be held negligent only if their conduct falls below that standard.

In Pennsylvania, children are considered adults at age 18 and, at that time, can be held liable for negligence or contributory negligence. However, prior to age 18, these special rules must be applied to determine whether or not a child can be held responsible for careless actions.

Car Accident Settlement Rights - Can I Get Auto Accident Compensation Money From a Drowsy Driver?

Do you know your car accident settlement rights? In this article we are going to answer the question "Can I get auto accident compensation money from a drowsy driver?"

It's late at night, you are coming home from your normal shift at work. You're just about there, just a couple more turns and you will be able to fall into bed! Suddenly the car driving head on towards you in the other lane swerves over before you can even notice. You are ran off the road and you crash into a tree. Needless to say that you are a bit shaken up and you may start to wonder about your car accident settlement rights. Let's go on to answer the question "Can I get auto accident compensation money from a drowsy driver?"

Call The Police

The first thing that you should do is get your phone out and call the police. Tell them who you are and what the situation is. If you have any injuries make sure to tell them so the ambulance driver and paramedics can be ready to assist you and give you proper treatment.

Check On The Other Driver

You should go over to the other driver to check on them and make sure they are not seriously injured. Even though they were at fault you should not be mad at them, at least not until they are safe and sound.

Talk To The Officer On Site

Once a police officer gets there you should talk to him or her and tell them what happened. They should be able to see if the driver was sleep deprived and they will put that in their police report.

Conclusion

Even if the other driver was not drowsy you should be able to get compensated because they came over into their lane but if the driver was drowsy you will find that it is a big no no against them.