A report today reported that famed swimmer & Olympic gold winner Michael Phelps was not to blame in a head on collision with an oncoming car. The oncoming car had run a red light, causing Phelps to unwillingly plow his Escalade into the offending Accord. While Phelps complained of pain in his right ankle, he did not seek medical attention. The other driver suffered back and neck pain and sought treatment at the hospital. M. Phelps was however, cited for driving without a license and failure to establish residency in Maryland, (after moving home from Michigan in 2008).
Who is to blame in this case? It appear from the facts provided in the news report that the driver ran a red light. Although the driver was cited for failure to obey a red light and causing an accident, an attorney may be in order to determine if there were any circumstances that caused her to run the red light. Such causes may include brake failure, traffic light outage, or other manufacturer defect. In this case, the driver may have just cause to sue the manufacturer of the defective product for damages, medical bills, and pain and suffering.
Saturday, August 15, 2009
Monday, August 3, 2009
About Car Accidents
Motor vehicle accidents are the principle cause of death and injury in the United States, and Americans drive an astounding 3 trillion miles annually. Negligent drivers injure innocent people and cause property damage every day, and if you have been seriously injured in a car accident, you might be able to recover compensation for medical bills and other related expenses.
Under New Jersey law, anyone who operates a motor vehicle must have adequate insurance, but some drivers try to circumvent the law, and anyone who has an accident involving one of them may suffer both physical and financial hardship. (When purchasing a policy, include coverage for the “underinsured” and “uninsured” motorist as a precaution.) Fortunately, state law also protects those who become involved in an auto accident and are not at fault.
Your attorney will also discuss your legal rights at a free consultation and will probably take your case on a contingency basis, meaning that you will only have to pay a small amount if your case is won. Damages generally include pain and suffering, mental anguish, medical expenses, loss of work and future losses. To win your case, you must prove:
Negligence – Meaning that the other driver did not exercise due care.
Causation – Meaning that the other driver was the source of the accident, and
Damages – meaning that you were harmed in some manner because of the other driver’s action.
Often, the lawsuits resulting from an auto accident in the state are related to an insurance company that refuses to pay part (or all of) the amount that is claimed. As a rule, an insurance company will respond more quickly when a lawyer informs them that legal action is pending. Your accident attorney can also assist with bicycle and pedestrian accidents, car collisions, multi-car pile-ups, drunk driving and trucking accidents, wrongful death suits, hit-and-run cases, seat-belt failure and related events. Above all, you will receive professional advocacy, guidance, and support.
Under New Jersey law, anyone who operates a motor vehicle must have adequate insurance, but some drivers try to circumvent the law, and anyone who has an accident involving one of them may suffer both physical and financial hardship. (When purchasing a policy, include coverage for the “underinsured” and “uninsured” motorist as a precaution.) Fortunately, state law also protects those who become involved in an auto accident and are not at fault.
Your attorney will also discuss your legal rights at a free consultation and will probably take your case on a contingency basis, meaning that you will only have to pay a small amount if your case is won. Damages generally include pain and suffering, mental anguish, medical expenses, loss of work and future losses. To win your case, you must prove:
Negligence – Meaning that the other driver did not exercise due care.
Causation – Meaning that the other driver was the source of the accident, and
Damages – meaning that you were harmed in some manner because of the other driver’s action.
Often, the lawsuits resulting from an auto accident in the state are related to an insurance company that refuses to pay part (or all of) the amount that is claimed. As a rule, an insurance company will respond more quickly when a lawyer informs them that legal action is pending. Your accident attorney can also assist with bicycle and pedestrian accidents, car collisions, multi-car pile-ups, drunk driving and trucking accidents, wrongful death suits, hit-and-run cases, seat-belt failure and related events. Above all, you will receive professional advocacy, guidance, and support.
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