If you are the victim of someone else's negligence
or carelessness, whether in a traffic accident or some other type of accident,
you have certain rights guaranteed by law. You have a right to be put back in
the same condition you were in before the accident occurred--physically, mentally
and economically.
- You have a right to have your automobile
repaired to its original pre-accident condition or, if it is totalled, to
its reasonable and equitable market replacement.
- You have a right to the repair or replacement
of other personal property which was damaged or destroyed by the accident.
- You have a right to the use of a rental
car, at no cost to you, while your automobile is being repaired.
- You have a right to reimbursement for
any earnings you lost while you were unable to work due to injuries received
in the accident.
- You have a right to recover for any
future loss of earnings, or lessening of earning capacity, caused by the injuries
you sustained in the accident.
- You have a right to be reimbursed for
the medical bills and out-of-pocket expenses you incur for treatment of the
injuries suffered in the accident.
- You have a right to be reimbursed for
transportation costs to and from medical facilities.
- You have a right to a fair and just
compensation if you are permanently disabled as a result of the accident.
- You have a right to receive payment
if the trauma and shock of your injuries lessen the quality of your social
and personal life.
- You have a right to choose the repair
shop to fix your car--and to choose which health care professionals will care
for your physical and mental injuries.
- You have a right to be compensated for
any physical pain and mental anguish suffered as a result of the accident.
- You have a right to be represented by
a professional personal injury lawyer of your choice to make sure that all
of your rights are protected--and that you have competent representation in
dealing with the person who caused your injuries and with his insurance company.
- You have a right to receive a fair and
just payment from the involved insurance companies to pay for all medical
bills, repair services and other due compensations.
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After the scrape of metal on metal and the crunch
of shattering glass, your first feeling is shock. That will be followed by panic,
anger and confusion. Force yourself to calm down so that you can think reasonably
and rationally evaluate the situation.
If you are involved in an accident in which a
person is killed or injured, or in which property is damaged, stop immediately
as close to the scene of the accident as possible. Do not obstruct traffic.
In Virginia, the penalty for "hit-and-run" driving is severe. You may be fined
up to $2,500 and jailed for as long as five years. You must render "reasonable
assistance" to anyone injured in the accident. Do not move anyone who appears
to be badly injured unless it is imperative they be removed from a potentially
life-threatening situation, such as a burning car, etc. Call the Rescue Squad
and the police immediately.
All involved drivers must share their names,
addresses, telephone numbers, driver's license numbers, vehicle registration
information and the names of their insurance companies. Get the names, addresses,
and telephone numbers of all passengers and witnesses.
If possible, do not move the vehicles until the
police have arrived and have inspected the accident scene. Reduce the possibility
of further accidents by turning on the hazard lights of the involved vehicles,
placing flares on the roadway, raising the hood of the cars and rerouting traffic
around the accident. Do not allow anyone to tamper with any evidence at the
scene of the accident.
Make a diagram of the accident showing the position of the cars before, during
and after the impact. Measure skid marks, note the position of traffic lights
and street signs, estimate driving speeds, and record details about the weather
and road conditions. If it's possible to photograph the scene, the cars involved,
or evidence of damage and injury, do so.
Ask everyone to stay at the scene until the police
arrive. If they must leave, write down their names, addresses, telephone numbers,
license plate numbers, and a brief description of what they saw. If anyone is
transported from the scene by ambulance, ask where they are being taken for
treatment.
When the police arrive, cooperate with the investigating
officer fully.
REMEMBER:
- You will be in a state of mild to severe confusion
and stress. Do not admit to any fault for the accident.
- Report your name, address, driver's license
number, and vehicle registration number to the trooper or local police officer.
- Tell the investigating officer the basic facts.
Do not give him your interpretation of how and why the accident happened.
Do not volunteer any information or comment on the accident
- Do not agree to pay for damages--that may be
construed as an admission of guilt. Do not sign anything except the traffic
ticket--signing the ticket only acknowledges receipt and, in itself, is not
an admission of guilt or wrongdoing.
- You must take an alcohol test if requested,
or risk losing your license.
- Above all, stay calm.
Take down the name of the investigating officer and his badge number. Find out
when and where you may pick up a copy of his accident report. In the rare instance
when the police do not come to the scene of the accident, you should go to the
police station and file a report as soon as possible. This is especially important
to preserve your rights if you have to make an uninsured motorist claim against
your own insurance company.
As soon after the accident as possible, it would be a good idea to be checked
out by a doctor. Even if there are no initial signs of pain, there might have
been damage done to the neck or spinal cord. Go to the nearest hospital emergency
room or local trauma facility. You'll feel better knowing you check out all right.
Contact both the insurance company for the person causing the accident and your
insurance company as soon as possible. If you have medical-payments coverage under
your automobile insurance, your own insurance company will reimburse you for any
medical bills you incur up to the limit of your coverage.
You may want to talk to a personal injury lawyer at this time about your rights
and to discuss questions of liability for the accident. If you have any questions
at all, contact the office of Harris & Harris,
(540) 371-4941 for a free consultation. Either William
H. Harris or John P. Harris, III,
will advise you on how best to proceed with your claim, and caution you in areas
which may affect your rights. Harris & Harris
will deal with the insurance company for you and help you receive
just and fair compensation from whichever insurance company is liable for your
personal injury claim.
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DO
- Do wear your seat belt at all times. If you
are involved in an accident, make sure the accident report indicates the fact
that you took this safety precaution.
- Do carry automobile insurance. It's also a
wise investment to carry both uninsured/under-insured motorist protection
and medical payment coverage. If you ever need to rely on its benefits, it
will pay for itself many, many times over.
- Do drive defensively and cautiously.
- Do stay calm if an accident occurs.
- Do call an ambulance, if necessary. Give help
to injured persons.
- Do call the police to the accident scene to
make a report. Make sure you explain any injuries sustained in the accident.
- Do cooperate with the State Police or police
officers who are at the scene of the accident.
- Do make a diagram of the accident, as well
as take down all pertinent information from drivers, passengers, and witnesses.
- Do try to have pictures taken of the accident,
or at least of damage done to your car and injury to your body.
- Do go to a doctor to check out whether you
sustained any injuries.
- Do report the accident to your insurance company
and the other driver's insurance company.
- Do have your automobile appraised at a repair
shop that can restore your car to its original condition.
- Do keep a daily log of your medical condition.
Record your visit with doctors and/or physical therapists, any out-of-pocket
expenses, and mileage to and from his office.
- Do keep a journal of time missed from work,
the amount of your lost wages, and projected future loss of earning capacity
due to injuries stemming from the accident.
- Do see a personal injury lawyer before signing
any releases from insurance companies.
- Do stop and trade identification. Penalties
for "hit-and-run" are quite severe in Virginia.
DO NOT
- Do not drink and drive. If you are involved
in an accident where the other driver was under the influence of drugs or
alcohol, make sure the accident report reveals this fact.
- Do not refuse to take an alcohol test if requested
to do so by a police officer.
- Do not make any voluntary statements or admit
guilt if stopped for driving under the influence of alcohol.
- Do not refuse to sign a traffic ticket. It
is not an admission of guilt but only an assurance you will appear in court
and give your account of the accident.
- Do not move injured persons, unless leaving
them alone would cause greater danger to their health and safety.
- Do not allow the other driver(s), witnesses
or passengers to leave the scene of the accident until they have been properly
identified, and a statement has been taken from them.
- Do not move the involved automobiles until
a record of how the accident occurred has been made.
- Do not ignore signs of neck or back pain.
- Do not confuse "negligence " with an "intentional
act" by the other driver. Insurance companies are not liable for and will
not reimburse drivers for deliberate intentional acts. They only pay on claims
which are caused by negligence.
- Do not admit fault, discuss opinions, or offer
information about the accident to the other driver, to his attorney, or to
any insurance company. A personal injury lawyer can best advise you in this
area.
- Do not pay money for expenses related to the
accident, unless you have to. Try to obtain services on a "lien basis", or
have the insurance company pay for these expenses.
- Do not settle your insurance claim before your
doctor releases you from his care, or until you are sure that the settlement
takes into account reimbursement for your medical bills, lost wages as well
as your future medical needs and compensation for pain and suffering.
- Do not allow insurance companies to treat you
unfairly. Be alert to acts of bad faith on their part.
- Do not settle bodily injury claims with insurance
companies without first consulting with an experienced personal injury lawyer.
- Do not withhold any information from your personal
injury lawyer. All communications with him are privileged and confidential.
- Do not make any premature statements or sign
any releases with the insurance company until you first consult with an attorney.
The law offices of Harris & Harris are most qualified to assist you
with questions, advice, and counsel on such matters.
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No one is happy with insurance rates these days.
As prices in general spiral upwards, so do our insurance rates. As rates rise,
we all resent having to pay them so we begin to feel ripped off by the insurance
companies who provide our health insurance, our homeowners' hazard insurance
and our automobile insurance. Anyone who doesn't have adequate insurance is
foolhardy. In Virginia, there are harsh penalties for not carrying car insurance.
When you are involved in an automobile accident, you owe it to yourself to fully
avail yourself of all the protection your policy offers. Since your health is
very precious to you, you should be thoroughly checked out by appropriate medical
professionals after any kind of traumatic episode.
SERIOUS INJURY
Serious injuries such as being knocked unconscious, broken bones, severe gashes
and lacerations should be taken care of immediately, above every other consideration.
Demand that an ambulance rush you to the nearest emergency room. Once your condition
has stabilized, you can then take care of other business; such as selecting
the best doctors to treat you, getting your car fixed, handling the various
details of the accident, etc.
The many ramifications that a serious injury will have on your life make it
especially important to get advice, counsel and direction from an experienced
personal injury lawyer. Complex issues such as permanent disability, prolonged
loss of earning capacity, future medical complications, structured settlements,
post-traumatic stress disorder, etc., are best negotiated by an expert.
The law firm of Harris & Harris, P. C., (540)
371-4941, has negotiated and won many claims against insurance companies
for their clients. They have won compensation for seriously injured clients
which will sustain them for the rest of their lives.
LESS SERIOUS INJURIES
Fortunately, most auto accidents do not involve serious, permanent injuries.
They do, however, create trauma and stress and pain to millions of people every
year. The most common injuries sustained in most accidents are those to the
head, neck and back. The impact of being rear-ended by another car--even at
low speed--is sufficient to strain and injure these parts of the body which
are connected to the very delicate spinal cord.
Are you guilty of joking about those auto accident
"victims" in their cervical neck collars who are out to rip off the insurance
company after a minor accident? Every year several hundreds of thousands of
victims, who are involved in automobile accidents, suffer from a painful and
debilitating soft tissue injury commonly referred to as whiplash. These
injuries (and butts of jokes!) are very real and can cause years of suffering
when improperly diagnosed, mistreated or ignored.
When an automobile is struck from behind, the
head is suddenly and forcefully flung backward beyond its normal extension,
then just as abruptly it recoils forward. Damage occurs to soft tissues in the
neck, mid-back and lower back which could affect ligaments, muscles, nerves,
blood vessels, vertebrae and discs. In most cases, the only evidence of the
injury is the victim's complaint, for such soft tissue damage usually does
not show up on x-rays. Symptoms such as headaches, dizziness, nausea, stiffness,
numbness, impaired vision, as well as pains in the neck, arms, and lower back
may show up immediately, or even days or weeks later.
The visible damage to your automobile may appear to be minor, but your injury
is nonetheless real. There is no correlation between the severity of
damage to your car and the severity of pain resulting from a whiplash injury.
Even more acute damage can result in a neck sprain, torn ligaments, pinched
nerves, injury to the esophagus or jaw, concussion, and/or stretched vertebrae.
That is why it is so important: 1) not to give
a premature opinion or statement about your condition at the time of the accident,
2) to be checked out by doctors who specialize in soft tissue injuries, and
3) to hold off settling with any insurance company until all symptoms have surfaced,
all injuries have been treated, and all damage has been repaired. A study of
10,000 whiplash victims by the Mayo Clinic showed that while 80% of patients
with cervical sprains fully recovered within a year, the remaining 20% developed
scar tissue, calcium deposits, premature arthritis, and other degenerative changes
in neck ligaments.
The office of Harris & Harris works with
the medical community on behalf of accident victims. They know and cooperate
with many different specialists who diagnose and treat various symptoms and
injuries caused by automobile collisions. William H. Harris and John
P. Harris, III seek reimbursement for these medical expenses from all applicable
insurance policies and from all liable insurance companies.
DIAGNOSIS AND TREATMENT
Medical professionals who specialize in diagnosing and treating victims of accidents
usually are more experienced and better equipped to handle such traumas than
are general practitioners or family doctors.
Patients are first interviewed by the doctor or his nurse about their past medical
history. X-rays are then taken to check for any damage or fracture to the spine
and neck. Depending on the findings and the nature of complaints about painful
areas, there are a number of specialists who might be consulted, either for
further diagnosis or treatment.
A radiologist can interpret the x-rays to best decide which other specialists
the patient should be seeing. He can also detect fractures, sprains, slipped
discs, etc.
An orthopedist is a doctor who specializes in diagnosing, treating, and
healing broken bones, hairline fractures, chipped vertebrae, etc. He is also
concerned with injury to joints, muscles, and ligaments as they relate to the
motion of the skeleton.
A neurologist is an expert who specializes in diseases and injuries to
the nervous system. A bump to the head may cause an injury as serious as a brain
concussion. A sprain could result in pinched nerves which leave the patient
with symptoms of numbness or tingling in the joints or extremities. Even straining
the back might compress nerves or sensitive vertebrae.
A psychologist can help accident victims recover from feelings of fear,
anxiety or depression. Some patients feel alienated from friends or loved ones,
which can result in loss of consortium or sexual impotency. Others, who were
in especially traumatic accidents, suffer from nausea, sleeplessness, nervousness,
or break out in a sweat when reminded of the intensity of the accident. This
condition is called post-traumatic stress disorder, and it has been known
to linger for quite some time.
A chiropractor is a specialist who is able to diagnose, treat and heal
soft tissue injuries. Along with a diagnostic radiologist, a skilled
Doctor of Chiropractic -- one who specializes in chiropractic orthopedics
-- can read x-rays and discover areas of stretched or compressed vertebrae,
torn ligaments, strained muscles, bulging discs, subluxations and other soft
tissue injuries.
Licensed physical therapists work under the direction of a doctor in
a rigorous and frequent program of physical therapy, which produces a timely
and balanced healing process.
SOFT TISSUE INJURIES
Soft tissue injuries are treated with cold packs, massage and ultrasound. Medication
may be prescribed, and the patient may be given a splint, brace or cervical
collar to limit the movement of painful areas. The soft tissues are then treated
in a manner to produce contraction and tightening. Heat and massage are used.
A chiropractor is skilled in the manipulation of the involved joints
to help restore full mobility.
When the spinal or joint injury is especially traumatic--of if these areas do
not heal in a normal manner--further diagnosis may be required by some hi-tech
instruments. Both video fluoroscopy and magnetic resonance imaging
are tools which allow doctors, in a non-intrusive process, to explore inside
the body with three- dimensional real time images.
If you have concerns about injuries following an automobile accident, please
call the office of Harris & Harris, (540) 371-4941. The initial consultation
is free.
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Shocking and traumatic as an automobile accident
is, adequate insurance coverage and competent legal representation can help
turn a seemingly devastating accident into a minor inconvenience.
If your car cannot be driven away from the accident scene, it may be impounded
and towed away immediately to clear the roadway. It may be taken to a storage
facility and held there until you designate where it should be taken for repairs.
The involved insurance companies are responsible for the payment of reasonable
towing and storage fees.
You may choose whatever mechanic, body shop or
repair facility you wish to fix your car. You are not required to get more than
one estimate. You are not required to use a mechanic or body shop designated
by the insurance company. It is your car, and it is your decision where and
how it will be repaired to your satisfaction.
Since insurance companies are footing the bill to repair your car, they want
to have the work done as economically as possible and are in favor of lower
estimates. However, a lower estimate may overlook details such as proper alignment,
headlight adjustment, correct matching of paint colors, etc.
After choosing your mechanic or body shop, and
working out the details with them as to the type of work to be done, you can
then present the insurance company with the estimate. Most mechanics are willing
to discuss the necessary repairs with the insurance adjuster. If the adjuster
can negotiate a lower price with your mechanic, that is his privilege. But you
do not have to compromise quality for economy, and you do not have to be involved
in the haggling between the insurance company and the mechanic.
Do not sign any releases until you are sure that
the insurance company will cover the cost of all repairs to your satisfaction,
and that they will give a check to the repair shop in a timely manner so that
you can get your car back as soon as possible with no out-of-pocket expense
to you. It is in your best interest to have an experienced personal injury lawyer
review any releases before you sign them.
If the cost of repairs is greater than the value
of your car, the insurance company will offer to reimburse you only for what
they consider to be the "fair market value" of the car. This figure will quite
often be much lower than the purchase price of the vehicle because the insurance
company: 1) will deduct for depreciation of the automobile; 2) will not reimburse
you for finance or preparation charges, and 3) may use a schedule which does
not reflect a current fair and equitable value for the car.
Check out the different periodicals (Kelly
Blue Book, Auto Trader, want ads, etc.) to find the best comparable price
for your car. Also factor in items like towing, storage, inconvenience for loss
of the use of your car, etc., in order to obtain a better offer from the insurance
adjuster.
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The loss of the use of your car is a major inconvenience!
While your car is out of commission, you have
the right to the use of a rental car. In most cases, all expenses relating to
the rental of this automobile (except for the fuel to run it!) will be paid
for by whichever insurance company is liable for this coverage. You should contact
your own insurance company to see whether or not your automobile insurance policy
will cover the use of the rental car.
You are entitled to the use of an automobile
of comparable worth and value, of equivalent make and model, to your
own car, for a reasonable amount of time while your car is being repaired or
replaced.
Most of the time, insurance adjusters will accommodate you after an accident
occurs. However, some insurance companies may try to convince you they are responsible
only for: 1) a car which rents for the least amount of money, 2) a car which
is less than comparable to the one that you have been driving (and paying to
insure!), and/or 3) the rental of a car for a shorter period of time than what
you are really entitled to. Sometimes it takes a great deal of time and effort
and evidence to persuade the insurance adjusters of your rightful claim.
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Accident victims have the right to be made whole
again--to be the same after the accident as they were before the accident.
Because of your injuries, you may be forced to
miss work, or otherwise have your livelihood interrupted. Your earning capacity
may be impaired for an indefinite period of time. This may be caused by your
injuries, lack of transportation, disability, mental stress, etc. You have a
right to be compensated for this loss of income. If you became disabled as a
result of the accident, you may also have a right to collect from state disability
insurance or from the Social Security Administration's disability program.
The time or costs you spend in the process of
making yourself whole and well again (travel time, transportation costs, car
repair expenses, time spent at the doctor's or in therapy, etc.) are also compensable.
As if the trauma and inconvenience of the accident
were not enough, the insurance company may require reams of documentation (to
the point of harassment) to have you substantiate your claims of lost wages,
time spent in therapy and expenditures related to the maintenance of your well-being.
Keep a diary, or daily log, listing all your trips to the doctor or physical
therapist, as well as the miles you drive to get there and the time you spend
for treatments.
If you have any questions concerning your rights
in this area, please contact the law offices of HARRIS & HARRIS at (540)
371-4941 for a free, no-obligation consultation.
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A fair and proper settlement for damages and
injuries sustained in an automobile accident includes many factors, which when
added together, will not only compensate you for any physical loss, but also
for the mental stress of the accident.
The insurance company, liable for the payment of damages which you have suffered,
is responsible to pay for:
- all property damage - including car repairs
- use of a rental car
- recovery of lost wages
- transportation costs to the doctor
- time spent in therapy and time spent traveling
to the doctor or clinic
- all medical bills
- any physical or mental disabilities
- loss of consortium or sexual impotency
- emotional distress
- pain and suffering from the trauma, intrusion,
inconvenience and anguish of the accident
These elusive and sometimes hard-to-define
factors can sometimes result in a substantial amount of money for accident victims.
Good documentation is essential. Write down and tell your personal injury lawyer
everything that affects your personal injury claim--how you feel, time missed
from work, etc. Depending on individual circumstances, good documentation, availability
of good witnesses, and an experienced and skillful negotiator's handling of
the case, can make the difference between a poor settlement and an equitable
settlement.
After repair bills, doctor bills, and miscellaneous
costs have been paid, your lawyer deducts his fee, and the remainder is given
to you as a cash settlement. Since this money reimburses you for losses suffered
by the accident, it is nontaxable. And it does indeed help to insure that your
condition is made the same as it was before the accident occurred.
The attorneys at Harris & Harris will
photograph your injuries, and work with you in keeping a daily log of your condition.
In severe cases, they may produce a "Day in the Life" video to demonstrate graphically
how the accident has negatively impacted on your normal everyday life.
If you need advice or consultation on your claim
for pain and suffering, please call Harris & Harris at (540) 371-4941.
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Buying the right automobile insurance policy
is a hassle: finding the best value, obtaining the best coverage, and avoiding
loopholes which seem to nullify having any protection at all. An experienced
personal injury lawyer can help an accident victim maximize the benefits and
advantages of even the worst insurance policy.
Unfortunately for consumers, Virginia does not
have very strong laws to help protect them against bad faith from the
other guy's insurance company. Bad faith is equal to fraudulent behavior, and
the threat of bad faith charges keeps giant insurance corporations from
dealing with accident claims in a heavy-handed or discriminatory manner. Representation
by an experienced personal injury lawyer will help you obtain a fair and equitable
compensation for your injury claim.
The lawyers at Harris & Harris are especially
vigilant in reminding insurance companies of their fiduciary responsibility
to their clients. Since all corporations are in business to make money, insurance
companies occasionally have a conflict of interest when it comes to settling
claims. Attorneys John P. Harris, III, and William H. Harris send
out letters of representation on behalf of their clients, to the involved insurance
companies, to put them on notice of their duty to conform to the various requirements
of the insurance section of the Code of Virginia. It is their primary
job to make sure that your rights are protected.
TYPES OF INSURANCE
There are several different types of automobile insurance for you to consider
purchasing. The amount of coverage in each category that you might buy is relative
to: 1) how nice your car is, 2) the amount of "personal" money you can afford
to pay out if you are responsible for an accident, 3) how much of your budget
you want to allocate for insurance, and 4) how secure you need to feel.
BODILY INJURY AND PROPERTY DAMAGE LIABILITY
pays for damages to others caused by your negligence, whether personal injuries,
death, or property damage. It pays legal costs if you are sued.
COMPREHENSIVE covers loss or damage to
your car resulting from fire, theft, vandalism, glass breakage, explosion, etc.
COLLISION pays for damage to your car
caused by impact with another automobile or object even if it's your fault.
UNINSURED MOTORIST AND UNDER-INSURED MOTORIST.
If the driver of the other motor vehicle involved in an accident is legally
liable, but either has no insurance, does not have enough insurance, or is unknown,
this protection will pay you and occupants of your car for bodily injury and
for property damage to your car. It is especially important to invest in this
coverage, because there are many people who do not have adequate insurance coverage.
MEDICAL PAYMENTS COVERAGE pays for reasonable
medical expenses incurred within a specified amount of time from the date of
your accident. It protects everyone in your auto, no matter who is liable for
the accident. It also covers medical expenses if you are struck by any automobile,
or if you are in an accident in someone else's car.
Over and above carrying standard liability, collision,
and comprehensive insurance for your automobile, it is a very wise investment
to also include medical payments and uninsured/under-insured motorist
coverage to your policy. These two additional coverages will close most gaps
of protection if you are involved in an accident, no matter who is to blame,
and even if the other party is not insured.
WORKER'S COMPENSATION INSURANCE is insurance
coverage paid for by an employer who employs three or more individuals "regularly
in service." If you are injured in an automobile accident, you may also be eligible
for worker's compensation benefits if it can be determined that the injury arose
out of your employment and occurred in the course of your employment.
If you have a question about whether or not your
injuries are covered under worker's compensation, or automobile insurance, or
both automobile insurance and worker's compensation, call Harris & Harris
(540) 371-4941.
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Motorcycling is fun! Sure, it's a practical way
to get around--and it's exciting. But, it has risks. On a motorcycle, you are
exposed and vulnerable. Protecting yourself and your passenger is your responsibility.
The Motorcycle Safety Foundation offers the following tips to help you reduce
and manage the risks you face as a biker:
- Know your skills. The more you know,
the better rider you will become! A portion of your motorcycle registration
fee is set aside in a Motorcycle Rider Safety Training Program Fund. Sign
up for beginning or experienced training through your local Department of
Motor Vehicles or call the Motorcycle Safety Foundation at 1-800-447-4700
for their Rider-Course locations.
- Know the rules of the road and respect other
road users. Riding is a privilege. Make sure you and your motorcycle are
properly licensed. It is essential that you carry insurance--especially medical
payments and uninsured/under-insured motorist protection.
- Ride with the right gear. Wear a protective
helmet! Helmets work! Down to the 7-11, or across country, it doesn't make
sense to start your motorcycle without a protective helmet on your head. Equip
your helmet with an approved shield or wear goggles or shatterproof glasses.
It doesn't take much to injure your eyes. Wearing a helmet adds to your motorcycling
image--it shows you're a responsible person.
- Wear suitable clothing. The right clothing
will make riding more enjoyable and comfortable. Thick jackets and pants,
gloves, over-the-ankle leather boots and rain gear are musts.
- Ride aware. The most frequent cause
of accidents are cars turning left across your path. Three-fourths of motorcycle
accidents involve collisions with other vehicles--the majority caused by the
other driver! So, drive defensively. Slow down and be prepared to react.
- Ride to survive. Be seen and not hit.
The better people see you, the less likely they are to run into you. Wear
bright, light, reflective clothing. Use your headlight. Don't tailgate. Select
a lane and a position within a lane to be seen. Avoid rapid lane changes,
and keep looking around. You don't need surprises!
- Keep a safe bike. Think of your motorcycle
as being as personal as your toothbrush. They're not all exactly alike so
it's best not to lend or borrow one. Get to know your owner's manual, follow
recommended service schedules, and have repairs made by someone who knows
what he's doing. Always check your bike's tires, suspension and controls before
riding.
- Share a safe ride. Company is nice,
but extra weight on your bike affects its handling. Instruct your passengers
on proper riding technique and protective gear. You're responsible for their
safety as well as your own!
- Ride straight. IF YOU ARE GOING TO DRINK,
DON'T EVEN THINK ABOUT RIDING! Alcohol and other drugs affect your thinking
and your judgment. Almost half of all fatal motorcycle crashes involve alcohol.
In non-fatal crashes, injuries were more severe to those riders drinking alcohol.
Thanks to groups like the Motorcycle
Safety Foundation and the American Motorcyclists Association, bikers are more
educated and the general public more aware of the special traffic needs of motorcycles.
As a result, motorcycle accidents and fatalities have shown a dramatic downward
trend over the last decade.
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The Network of Employers for Traffic Safety,
a non-profit public/private partnership working to help employers develop and
implement workplace traffic safety programs, has provided us with some:
SOBERING STATISTICS
- Traffic crashes are the leading killer for
all individuals ages 1 - 37 and the leading cause of para/quadriplegia.
- There are two-and-one-half times more fatalities
caused by traffic crashes than by accidents in the home.
- In 1991, an average of one person was killed
in a traffic crash every 13 minutes.
- In 1991, there were 41,150 fatal traffic crashes
and an additional 3.2 million traffic injuries.
- The probability of being involved in a motor
vehicle crash during a 75-year lifetime is 99 %.
ALCOHOL-IMPAIRED DRIVING
The numbers tell the story: drinking is a factor
in half of all fatal motor vehicle crashes.
- About two in every five Americans will be involved
in an alcohol-related crash at some time in their lives.
- From 1982 through 1990, approximately 211,000
people died in alcohol-related traffic crashes. That's an average of one alcohol-related
fatality every 22 minutes.
- In 1990, about 355,000 people were injured
in alcohol-related traffic crashes. That's an average of one person every
one and one-half minutes. About 96,000 of these are serious injuries.
- One out of every three people killed in alcohol-related
crashes is not the drinking driver--they are the victims of the drinking driver.
- In people between the ages of 5 and 32, traffic
crashes are the greatest single cause of death. Almost half of these youthful
fatalities are alcohol-related.
- Drinking is a factor in 5% of all property
damages crashes and 20% of serious injury crashes.
THE COST OF NOT BUCKLING UP
- Front seat occupant protection usage is currently
about 59%.
- In 1990, 78% of front seat passenger vehicle
fatalities were not belted.
- Unrestrained passenger car occupants are three
times more likely to require hospitalization and two-and-one-half times more
likely to require transportation to a hospital than restrained occupants.
SPEED: THE FASTEST ROUTE TO TRAFFIC CRASHES
- Speed increases the total distance necessary
to stop a vehicle after danger is perceived. Drivers require 351 feet to stop
at 70 mph; 217 feet to stop at 55 mph, and 70 feet to stop at 35 mph.
- The chances of death or serious injury double
with every 10 mph driven over 50 mph.
- If a driver accelerates from 20 mph to 80 mph,
the driver's speed increases by a factor of four, but the energy of the impact
delivered in a collision increases by a factor of 16 -- the speed factor squared.
- In areas where rural interstate speed limits
were raised from 55 mph to 65 mph, the number of traffic fatalities increased
by about 20% between 1986-1987.
- One-third of all fatal crashes are related
to speed.
- Speed-related fatal crashes most often involved
only a single vehicle.
- The safety benefits of occupant protection
(safety belts/child safety seats/air bags) diminish in a crash as speeds increase.
- Police investigating fatal crashes report that
unsafe practices (speeding, following too closely, improper lane use, unsafe
passing and reckless operation) account for more than one-third of the total
at-fault, driver-related factors in these crashes.
- Of all drivers involved in speed-related fatal
crashes in 1989, about 56% were under the influence of alcohol. Speed and
alcohol--truly a deadly combination.
- The total cost to society of speed-related
crashes is more than $10 billion annually.
SAFETY: TRUCKS, MOTORCYCLES AND MOTOR SCOOTERS
Passenger cars outnumber other kinds of vehicles
on the road, but they are involved in a small proportion of traffic crashes.
Other vehicles are involved in more crashes per unit.
In 1991, there were:
- 31,234 passenger car fatalities;
- 14,810 light truck fatalities (including vans
& utility vehicles);
- 1,078 single unit truck fatalities;
- 3,262 combination unit truck fatalities (tractor/trailer);
and
- 2,832 motorcycle fatalities.
In terms of total vehicle crashes, there were:
- 7,710,000 passenger car crash involvements;
- 2,475,000 light truck crash involvements;
- 131,000 single unit truck crash involvements;
- 198,000 combination unit truck crash involvements,
and
- 104,000 motorcycle crash involvements.
Combination unit trucks (tractor/trailers)
and motorcycles had much higher percentages of fatal crash involvement when compared
to other vehicles on a vehicle registration basis. They comprised 1% of all vehicle
registrations; yet were involved in 5% of fatal crashes.
Passenger cars comprised 74% of all vehicles registered; but were only involved
in 57% of fatal crashes.
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This booklet is designed to give you an overview
of the many areas which make up the process of an accident, from the initial
investigation through discovery, negotiation, settlement, and, if needed, litigation.
It will help you deal with matters involving your accident, but it's not a complete
course in handling your own personal injury claim. You should consult with a
lawyer for advice about your own specific situation. When the person who caused
your accident, or his insurance company, talks down to you or tries to hurry
you into a premature settlement, that's a "red flag" that things aren't going
well. The very minute you feel you are being taken advantage of, or are being
ripped off, call a lawyer.
It's been said, "The person who defends himself
in court has a fool for a client." You don't pull your own teeth. You go to
a dentist. Need a lawyer? Be smart! Find an expert to handle things for you
-- with no out-of-pocket expense to you.
The question is: DO YOU REALLY NEED A LAWYER?
Not in every instance-- but, when you do need a lawyer, make sure you don't
get just any lawyer. Harris & Harris, P. C. handles ONLY personal injury matters.
Look in the yellow pages. You see lots of lawyers who say they handle personal
injuries. They also handle family law, criminal matters, divorces, bankruptcy--the
list goes on and on--in addition to personal injuries. How much time do you
think they've had to gain expertise in handling complex injury cases? Not much.
The law is so complex that it's impossible to become expert in all aspects of
it.
Consider this:
- Large multi-million dollar insurance corporations
use lawyers--scores of them--to protect their interests.
- When you're offered an unfair, substandard
amount of money for your damages, injuries, pain and suffering--and you protest--and
the response is, "Take it or leave it!" what do you do then? A personal injury
lawyer knows exactly what to do. He sues--and lets a jury of your peers
decide what is fair and unfair.
You've seen ads on TV for lawyers with
many branch offices who advertise like used-car salesmen. It's hard to separate
all the promises, claims and assurances that are glibly bandied about on the airways.
The public seems to have had their fill with high volume "legal factories" that
sign you up, turn your case over to a paralegal assistant, and then urge you to
accept a premature settlement. Some of these lawyers never go to court, are not
prepared to do so, and are scared to death they may have to! Some clients who
mistakenly had previously gone to one of these "branch" offices report they NEVER
saw an attorney.
The attorneys at Harris & Harris are engaged
solely in personal injury law. They have extensive knowledge of medical matters
as well as legal matters. They offer highly personalized and individual services
to all their clients. William H. Harris and John P. Harris, III
were born and grew up in the Fredericksburg area. They're known to most of their
clients as Bill and John. They meet and consult with each client
personally and follow each case through every stage until total recovery. They
concentrate on the quality of each case, rather than on high volume quantities.
They make sure they maximize each and every one of their clients' settlements.
They have skill and experience in negotiating with insurance adjusters. Substandard
offers will be passed on to you, but you are never urged to settle for any amount
less than what your case is worth. You make the final decision whether to accept
or reject a settlement offer.
If Harris & Harris litigates your claim
against the defendant, you have the added advantage of having hired a lawyer
who is certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
You can call the office of Harris & Harris
at any time. They have a 24- hour telephone line at (540) 371-4941 and
are available after hours in emergency situations. John P. Harris, III
and William H. Harris welcome your calls. They do not rely solely on
TV or radio to rope in new clients. Most of our clients are referrals from past
satisfied clients. They do not have to turn your case over quickly in order
to pay for a large advertising budget. Their fees are in line with industry
standards.
The bottom line is that Harris & Harris
can probably get you a better settlement, even with their contingency fee, than
you can get yourself. They advance the costs necessary to pursue your claim
so there is no up-front or out-of-pocket expenses by you. They will discuss
your case with you, and you can decide for yourself--the initial consultation
is free.
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