The Holidays and Auto Accidents

Thanksgiving Marks the Beginning of Dangerous Times on America's Roads

While a familiar holiday song labels this "The Most Wonderful Time of the Year," it's also one of the most dangerous.

While we're giving thanks for so many other wonderful things in our lives, we also need to be mindful that the Thanksgiving holiday weekend, year after year, produces more alcohol-related auto accidents and wrongful deaths than any other time of the year - including Christmas. The high level of drunk driving fatalities continues until after New Year's Eve. As a Seattle-based personal injury lawyer, I can't help but notice the increase in senseless auto accident tragedies that happen during what should be solely a celebratory time.

Some shocking facts:

o In the U.S., the leading criminal cause of death is drunk driving.
o More than 17,000 people are the victim of drunk driving auto accidents annually.
o Between Thanksgiving and New Year's Day, 38% of all wrongful deaths from auto accidents are alcohol related.
o Repeat drunk drivers are responsible for almost 60% of those alcohol-related fatalities.

What's important is trying to stop these auto accidents before they happen - so everyone can enjoy a peaceful and happy holiday time. Here are a few suggestions from MADD (Mothers Against Drunk Driving)
to help make that happen:

o Be a Safe and Responsible Party Host - Make sure none of your guests drive home when they're in no condition to operate a vehicle. Don't just depend on their physical appearance to evaluate their sobriety.
o Designated Driver - If one of your group makes the commitment not to drink, you can easily avoid an alcohol-related auto accident.
o Non-Alcoholic Party Drink Recipes - Give your guests a choice when it comes to beverages, or eliminate alcohol altogether - and serve fun party drinks for the whole family.
o Tie One on For Safety - Displaying the MADD ribbon on your vehicle shows your commitment to avoiding personal injury and wrongful death because of drunk driving - and can inspire other motorists to do the same.

There are ways to celebrate the holidays in a responsible way - and still have plenty of "good cheer." Starting this Thanksgiving, I hope all of you will do your best to keep the roads safe for everyone.

Common Causes of Car Accidents in the United States

Every year in the United States there are over six million auto accidents. The financial cost of these crashes are more than $230 billion and almost three million people are injured every year in the United States because of car accidents. The fact of the matter is, car accidents are not rare.

Statistics show that there are three major causes for automobile accidents. Being made aware of these three major factors can help the knowledgeable driver avoid being one of the statistics referenced above. The most common known reason for automobile accidents is due to what is known as driver distraction. Although there has been no "official" definition for driver distractions, it has been defined as "anything that diverts the driver's attention from the primary tasks of navigating and responding to critical events." Basically, anything that causes a driver to take his or her eyes off of the road or paying attention to the situation at hand.

These distractions can be caused by the driver eating or drinking, grooming activities, tending to children or pets in the car or even something as simple as smoking a cigarette or adjusting a CD or MP3 player in a motor vehicle. Many of these activities cause a driver to remove their attention from their first responsibility, which is road safety.

Another major cause of car accidents in the United States are from persons driving under the influence of alcohol. In the past 10 years, approximately 250,000 people died in alcohol-related accidents. Drinking alcohol and driving a motor vehicle are simply known as a combination for disaster.

Another major cause of automobile accidents is failure of drivers to abide by speed limit laws. Many drivers don't realize that speed limits are carefully chosen to allow for certain contingencies, such as weather conditions, sudden turns and the visibility of certain roads. Obviously, if one exceeds the speed limit it reduces the time in which that driver has to react to any contingency that may occur on the road.

It should be noted that if you have been injured by a driver that was engaged in one of the above activities, his or her liability may allow for you to receive compensation for your lost wages, pain and suffering and other related costs. An attorney can greatly assist you with regard to helping you determine the liability of that driver and the correct amount of compensation that you should be awarded. Certainly the insurance company for that driver does not want to pay you full value for whatever injury the driver may have caused to you. Knowledgeable, experienced attorneys, such as those at Pellettieri, Rabstein & Altman, can assist you and your loved ones in the unfortunate event that you are involved in an automobile accident.

DUI Car Accidents in Pennsylvania and Punitive Damages For DUI Accidents

DUI accidents are unfortunately common. People who chose to get behind the wheel of a car when under the influence can turn a car into a deadly weapon. Oftentimes, the accidents are quite severe and the injuries even worse. Many times, the types of losses are staggering. From medical expenses and property damage, to lost wages and pain and suffering, oftentimes the minimal liability policies are not enough. Punitive damages are a potential, additional avenue of recovery for victims of DUI car accidents. They can be particularly useful at settlement.

Under Pennsylvania law, these special damages are designed to punish people for intentional, willful, wanton or reckless conduct. The standard under Pennsylvania Law for awarding punitive damages is also well established. Recently, the Pennsylvania Superior Court reiterated the standard as follows:

Assessment of such damages are proper when a person's actions are of such an outrageous nature as to demonstrate intentional, willful, wanton or reckless conduct, and are awarded to punish that person for such conduct. In other words, punitive damages are awarded only for outrageous conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others.
Vance v. 46 And 2, Inc., 920 A.2d 202 (Pa Super. 2007).

In these kinds of cases, many times, defendants attempt to dismiss these special damages claims by way of preliminary motions. They may file preliminary objections arguing that there are no grounds to allow a claim for punitive damages. However, many Pennsylvania courts have upheld punitive damages claims in motor vehicle cases involving a defendant who was driving under the influence. The reasoning is that getting in the driver's seat when impaired is reckless conduct that shows a blatant disregard for others on the road. Reckless and outrageous conduct is sufficient to give rise to an award of punitive damages. A defendant's conduct is particularly outrageous especially with second or third time DUI offenders.

Julia Lee has represented victims of DUI car accidents. For more information, go to http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-car-accident-attorney-pennsylvania-truck-wreck-lawyer.cfm

Auto Accidents In Pennsylvania - UM/UIM Litigation

Um/Uim Litigation In Pennsylvania -- The Game Has Changed

Traditionally in Pennsylvania, uninsured and underinsured motorist cases were privately arbitrated. Automobile insurance policies had provisions stating that these types of claims would be arbitrated rather than litigated through the Court system. Typically, the plaintiff would select one arbitrator. The insurance company would select one arbitrator. Those two arbitrators would then select a third or "neutral" arbitrator. The case would be tried in a far less formal fashion than a full blown jury trial. For example, medical records, police reports, expert reports, etc. would be submitted to the arbitrators, without the need to call the doctors, experts, witnesses, etc. to testify live. The decision of the arbitration panel would be binding -- i.e., not appealable (except in very rare circumstances). A case that would take several days to try in a courtroom in front of a jury, and which would cost each party several thousand dollars to litigate, could be arbitrated in an afternoon for a fraction of the cost. This procedure was so beneficial to consumers, that the Pennsylvania Insurance Department made the arbitration provisions mandatory in Pennsylvania automobile insurance policies.

Then, in 2005, the Pennsylvania Supreme Court ruled that the Insurance Department did not have the authority to mandate arbitration in UM/UIM cases. The Court held that it was no longer mandatory under Pennsylvania law that UM/UIM cases be submitted for binding arbitration.

Therefore, insurance companies now had the option of now resolving UIM/UIM cases in arbitration. Insurance companies began writing their insurance policies in several ways: (1) mandating arbitration just like previously; (2) allowing arbitration if either party requested it; (3) allowing arbitration if both sides agree to it; or (4) allowing arbitration if it, the carrier, requested.

It has since become increasingly routine for UM/UIM cases to be filed in the Courts of Pennsylvania. Under the Rules of Civil Procedure, civil cases arising out of motor vehicle accidents can be brought in the county: (1) where the accident occurred, (2) in the county where any defendant can be served, or (3) in the county where any corporate defendant regularly conducts business. Venue which is proper as to any one defendant is proper as to all defendants.

In the context of a UM or UIM case, the addition of the insurance company as a potential defendant in the lawsuit arising out of a motor vehicle accident has increased the venue options for plaintiffs in many cases. Most insurance companies that write automobile insurance coverage in Pennsylvania regularly do business in many counties throughout the Commonwealth. Under the Rules of Civil Procedure, those insurance companies can be sued in any county in which they regularly conduct business.

The insurance companies have responded to this seemingly unanticipated aspect of their unilateral elimination of mandatory binding arbitration by including "forum selection clauses" in their insurance policies. A forum selection clause is a policy provision which states that if a dispute arises between the insured and the carrier in respect to a UM or UIM case, the case can be litigated only in a particular county. These clauses often reduce the number of viable venues provided under the Pennsylvania Rules of Civil Procedure.

The validity and enforceability of these forum selection clauses in the context of UM/UIM cases was recently addressed by the Pennsylvania Superior Court in the case of O'Hara v. First Liberty Insurance Corporation. In that case, the Superior Court of Pennsylvania ruled that a form selection clause in the insurance policy which required all UM/UIM cases to be brought in the county and state of the "legal domicile" -- where the insured lives -- of the insured at the time of the accident was valid and enforceable.

This latest opinion is yet another example of the Courts in Pennsylvania making decisions which make it more difficult and more expensive for the innocent victims of motor vehicle accidents to litigate their cases.

For more information about auto accident law in Pennsylvania and New Jersey, go to http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-car-accident-attorney-pennsylvania-truck-wreck-lawyer.cfm

BY: DANIEL J. O'BRIEN

Driver Error Accidents

It seems that drivers on streets, roads, and highways often forget about the dangers of traveling at high speeds and operating a motor vehicle. In some ways, a sense of complacency may fall over people who have years of experience driving a car, truck, or motorcycle. The reality is that cars and trucks operate on crowded streets with little protection in the event of a serious accident, and drivers and passengers are at risk of serious injury or death every day.

Naturally, people navigate their way to work, school, and social activities each day without incident. This is because most individuals practice safe driving techniques at all times and are able to help keep themselves and their passengers safe on the road. What some people do not realize is that their actions affect not only themselves and people riding with them, but have an effect on others on the road around them. An error or mistake made by a driver on the road may cause a serious accident that can injure or take the lives of others.

It is important for drivers to pay close attention to the rules of the road and proper handling of their vehicles at all times. Drivers should make sure to obey posted speed limits at all times and make sure to obey traffic signs and stop at red traffic lights. When it comes to light changes, drivers should make sure to brake before the light turns red, and speeding through yellow lights may result in a collision.

If a driver fails to use turn signals, brakes without warning, or does not leave adequate space between his or her vehicle and others on the road, he or she may cause a serious injury accident. Each driver on the road has to rely on others to obey posted signs and follow commonly shared rules. People who do not follow the rules or drive in a reckless or aggressive manner may put everyone else at risk.

If a person is injured in an accident caused by another driver's error, he or she may be entitled to compensation for medical bills, pain, suffering, emotional and mental trauma, and other damages. The injured party may wish to consult an experienced auto accident attorney to pursue legal action against the person responsible for the accident.

Car Accidents

A motorist owes a "duty of care" to other road users. This means he/she should not hurt other people, whether other drivers, passengers (including passengers in his/her own vehicle), pedestrians, cyclists and so forth.

In simple terms, what has to be shown if your claim is to be successful is that the motorist has been at fault because he or she has failed to drive with reasonable care.

If a motorist who is at fault is either uninsured or untraced, then innocent victims are protected by the Motor Insurers' Bureau (the MIB), which provides a fund that can be claimed against in these circumstances.

The UK has one of the best records for road safety in the EU, and also compares favorably with countries such as Japan, Australia and the US.

However, road traffic accidents are still a leading cause of death and serious injury in this country. Figures from the Department of Transport show that in the year 2006, there were over 3,000 fatalities and 28,000 serious injuries. There were more than 258,000 recorded injuries in total.

There are around 10,000 car accidents in the UK every day. Car accidents can be caused by vehicle failure or poor road maintenance. The vast majority are the result of human error.

When presented with a possible car accident claim there are a few elements that need to be considered and checked against. From the beginning we need to make sure that the police are aware of every element of injury to you and damage to your car. The smallest scratch, as well as the smallest inconvenience regarding time and finance can constitute a successful claim.

Also a very important aspect of any potential claim is time. It is vital that the case is submitted as soon as possible to ensure a successful claim.

The Highway Code is a good guide when trying to assess who is at fault. Some of the more common faults in driving result from speeding, overtaking, failing to keep a proper lookout.