Car Accidents

Facts on Car Accidents

Posted by on Sep 1, 2013 in Car Accidents, Drunk Driving, Personal Injury | 1 comment

Compiling statistics on car accidents is a way of keeping track of whatever progress (or lack of) there is in improving road and driving safety in a particular at a specific time. For example, it can be deduced that there is no statistical difference in road safety between 2011 and 2012 because there was only 2.54% more crashes in 2012 than 2011, but it also meant that 11 more people are no longer walking around.

Statistics also show that a significantly higher number of persons were injured in 2012 compared to 2011 by 5.7% but that fewer people had a blood alcohol content (BAC) equal to or greater than .08 (3.95% decrease), and fewer people were killed from DUI car accidents (decrease of 6.53%). However, more people were injured in DUI car accidents (increase of 7.25%) and 1.98% more were convicted of driving under the influence (DUI) of which more than 75% male. The average BAC for those convicted of DUI was 0.1397 or approaching double the legal limit.

What do these numbers mean? Prospects of improved road safety are not good for a variety of reasons, although there seems to be some impact of the DUI awareness programs. Even though fewer people were killed, more people were injured, and the medical costs average to about $65,000 for each person involved in a crash.

Car accidents, whether fatal or resulting in injury, take a toll on everyone involved. Those who survive DUI or speeding car accidents but are seriously injured often find that their lives will never be the same again. They are not only faced with financial problems but also physical and emotional damages and scars. If this happens to you, it is important to document what you can at the scene of the accident, including taking down statements and taking photos. These will be all-important if you ever file a personal injury claim. If the at-fault driver is proven to have been negligent through DUI or reckless driving, you should contact a competent firm such as Habush Habush & Rottier S.C.® to attempt to get the compensation you need for your injuries from the individual or individuals responsible for your car accident.

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Pure Contributory Negligence and Pedestrian Accidents

Posted by on Aug 27, 2013 in Car Accidents, Pedestrian Accidents, Personal Injury | 0 comments

It is entirely possible that a person who goes out to buy bread may end up injured or dead because of the negligence of others. According to the website of the Ausband & Dumont, many motorists fail to observe the speed limit, protocol at intersections, stop and yield traffic signs, and crosswalks. It only takes one instance of being in the wrong place at the wrong time for life to take a wrong turn. Some drivers are not even aware of people they hit until the moment of impact, although this does not mean that the driver cannot be held liable. If the driver hit someone completely unawares, it’s because they should have probably been paying closer attention to their surroundings. People don’t seem to understand how dangerous driving is and often fail to pay the requisite amount of attention to the road.

In most states, a modified form of comparative negligence is observed in pedestrian accidents. This means that a pedestrian who is injured or dies as a result of a third party’s negligence at the wheel may file a personal injury or wrongful death suit (by a qualified relative) even if he or she is partly to blame as long as it is not more than 50 or 51 percent, depending on the state. Virginia and North, however, are two of the 5 states that use the pure contributory negligence rule in pedestrian accidents. This means that if the pedestrian is partly to blame i.e. not using a crosswalk even to the smallest degree, a civil tort claim will not be allowed and no awards will be forthcoming.

This may seem a little harsh, but that is the law in North Carolina and Virginia. However, there are exceptions to this rule such as the last, clear chance doctrine, and the process of filing a personal injury case for pedestrian accidents in general can be a difficult and complex process. This is especially true for Virginia and North Carolina where the burden of proof against the defendant is not on the plaintiff, but it has to be proven that the defendant was wholly responsible. This can be next to impossible without the assistance of aggressive and experienced legal representation conversant with the laws of both Virginia and North Carolina.

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