Tagged in: accident

How Much Can I Recover in My Motorcycle Accident Injury Settlement?

Motorcycle accidents can have catastrophic results, when it comes to the lives of everyone involved. These accidents often result in very serious injuries, damages and even fatalities. Most motorcycle crashes involving other vehicles result in the motorcyclist needing immediate medical treatment. Many crashes cause the rider to need long-term follow up care or rehabilitation for injuries sustained in the accident. Of course, there are also other damages, including property damage, lost income due to missed work and rehabilitation costs.

If you have been injured in a motorcycle accident that was not your fault, you need the help and guidance of an experienced motorcycle accident attorney phoenix. A motorcycle accident lawyer can help you receive the settlement you deserve for injuries and other damages as a result of your accident.

Overall Costs of Motorcycle Accident Damages in the U.S.

According to the Highway Loss Data Institute, the highest overall motorcycle accident property damage losses in 2014 were experienced by super sport motorcycle riders. These motorcycles sustain more damage at greater expense than nine other classes of motorcycles.

In an index of property damage losses all motorcycles are indexed at 100, whereas super sport motorcycles receive an index of damage at 345. This means that damages sustained by super sport motorcycles and paid by insurance companies are 3.45 times greater than other types of motorcycles. Super sport motorcycle owners also file insurance claims with greater frequency than owners of other types of motorcycles.

The U.S. Government Accounting Office (GAO) reported that motorcycle crashes occurring in 2010 cost about $16 billion. These costs included:

  • Emergency services on the accident scene
  • Medical costs
  • Rehabilitation
  • Property damage
  • Loss of income
  • Loss of household productivity
  • Insurance costs
  • Defense attorney costs for the at-fault driver

Of the above costs to accident victims and negligent drivers, lost income and market productivity accounted for the largest percentage of overall accident costs. Lost wages and market productivity were 44 percent of total crash expense. Medical costs rated at 18 percent of the overall accident financial toll.

Personal Financial Toll of Motorcycle Accidents

Damages associated with your motorcycle accident will usually depend on the types of losses you experienced due to your crash. You will likely be able to claim several types of compensation as being owed to you by the at-fault driver, including some or all of the following:

Medical Costs

As an injured victim in a motorcycle accident, you were probably provided with emergency medical treatment at the scene of the crash. You may have been transported to the hospital by ambulance. Whether you did receive EMT attention or walked into the hospital yourself, you likely have multiple injuries necessitating ongoing medical care. All of these costs, as well as rehabilitation and future costs of your injuries, can be claimed toward settlement compensation.

Lost Income

When you were injured in your motorcycle accident, you may have missed some work for recovery from the crash. You may have also missed work to attend medical appointments for injury care and other accident related requirements. If you are seriously injured, you may miss work for the long term. These hours, days or weeks of lost work and financial impact of those losses can be included in your claim.

Property Damage

Your motorcycle is likely damaged after your accident. You probably face expensive repair or replacement costs. These costs will be part of your settlement. You may also need an alternate form of transportation while your motorcycle is being fixed or as you await replacement. These auto rental costs can also be included in your compensation, in most circumstances.

Pain and Suffering

Although pain and suffering costs may be included in your settlement amount, these expenses can be difficult to calculate. Factors in this amount include the types of injuries you sustained in your crash, the nature of treatments required and how extensive the medical treatment is for recovery. Insurance companies often challenge pain and suffering amounts claimed by injured victims of accidents. So you will need to provide documentation of injuries and expenses for your pain and suffering to be considered in the settlement.

You Need an Experienced Motorcycle Accident Lawyer

After your motorcycle accident, you need a trusted, skilled and experienced motorcycle lawyer to handle your insurance claim. A good personal injury lawyer phoenix will know your state’s laws governing motorcycle accidents and can help you understand your legal rights and how your personal injury claim must be submitted to insurance companies.

The ideal result of a motorcycle accident injury claim is a quick settlement with the defendant’s insurance company. A personal injury lawyer can help facilitate this settlement and negotiate with insurance adjusters to ensure you are compensated as you deserve for your damages.

But if the claim settlement offer is not satisfactory for your damages and personal needs, your personal injury lawyer can take your claim to court for a judgment to be received. If your motorcycle accident attorney has a reputation among insurance adjusters in your state, you stand a better chance of achieving a positive settlement instead of having to go to court. But when court is necessary, a quality attorney will fight for you to gain the amounts you truly deserve.

Dangerous Dogs

“Detroit Man Suffers Catastrophic Injuries from dogs in Pit Bull Pack Attack.” shrieked the Detroit Free Press headline.

For those of us who love dogs (and, I suppose, for those who fear them), the headline was typical of the sort of overblown rhetoric the mainstream press uses to attract new readers and keep old ones coming back. After all, nothing except sex sells as well as blood and butchery in today’s media-saturated world.   

Granted, it was a horrific attack. More than a dozen pit bulls, eight of which were adult, attacked Steve Constantine, 50, after he had offered to help feed them. The owner, Derrick Felton, 61, accepted Constantine’s help but reportedly ran away after the attack started. Both Felton and his mother, the owner of the home, are named in Constantine’s lawsuit.

Nature vs. Nurture

The dogs, some of whom were puppies, were not pets. They were raised like factory-farmed animals, struck and/or deprived of food for barking and growling, and given little or no friendly contact with any human other than Felton, who could hardly be described as friendly.

Sadly, meanness is not the pit bull’s natural behavior. Nor is it the nature of any of the “bully breeds”, whether pit, Cane Corso, Presa Canario, American Staffordshire terrier, the American pit bull terrier, the boxer, the bulldog, or the Boston terrier. In fact, in England, during the Victorian Era (1837–1901), pit bulls were kept as family pets because they were considered “nanny dogs” (i.e., good babysitters). Illustrations of family life from that period often show the pit bull laying on the floor next to its charge, a chubby baby in a long, white gown.

Pit bulls, known as “pitties” to their human fans, naturally show an inordinate degree of protectiveness when raised in human families, by people who love them. Pit bulls are charming, boisterous, a little goofy, often highly intelligent, and – if raised properly – very friendly. This means they do not make the best guard dogs, except as “inside” dogs protecting their home and family.

Raising them like feral children leads to all kinds of misbehavior. In Constantine’s case, it meant losing an arm and a leg. Training them to fight other dogs, as Felton was apparently doing, turns naturally affectionate pitties into monsters.

Dogs as Family

The pit bull’s strong protective instinct goes back a long way, into the dawn of man’s relationship with canines.

“That instinct, in fact, is the origin of the family unit,” according to animal behaviorists, who point out that canines have been guarding their human families for at least 15,000 years. (The only question that remains is, who domesticated whom?)

Dogs as Protection

Dogs, and specifically pit bulls, are even becoming the favorite among those concerned with rising crime.

Whether inner city or rural isolation, nothing is quite as effective as a barking dog inside the premises to discourage every type of mayhem, from the average burglar to the crazed drug addict.

Pit bulls are also the most sensible solution. A gun can fall into the wrong hands, and kill the wrong person(s). A knife is almost ineffectual against a determined assailant, but a pittie will not be confused by who is the aggressor, where to sink those impressive teeth, or even whether one’s human family is worth dying for.

As for a pit bull’s ability to protect, look no further than the wide jaw and well developed temporalis muscles that create the pit bull’s characteristic cheek bulge and seriously impressive bite force, enabling it to bite firmly and hang on virtually forever.  

Dogs as Companions

Pit bulls are very good companions. In fact, in tests run by the American Temperament Test Society, Inc., or ATTS, pitties scored above some dog breeds traditionally seen as “friendly”

The ATTS test, which rates various characteristics like aggression, friendliness, protectiveness (towards owners or handlers), shyness, stability, and the extent to which a dog will go to protect itself, is the benchmark standard for canine domesticity. Higher scores indicate lower sociability. To date, 728 out of 839 American Pit bull Terriers scored below the average. Well below Chihuahuas, for example, and terriers.

By comparison, the tiny, fluffy Bichon Frise scored 76.7 percent – scores that don’t surprise pit bull owners, who are constant witness to the affectionate, sometimes silly, but always conscientious guard-dog attitude of their pitties.

Most bites Are the Result of Misunderstandings

Another factor – and one that can only be corrected by professional training – is the pit bull’s protective instinct. The fact is, the majority of dog bites occur among children aged 1 to 10 years old.

The cause is simple. Usually, the pit bull guardian misinterpreted  a hug from your child’s friend as aggressive behavior. This can happen with any breed, but the pit bull’s bite force can turn a mishap into a tragedy.

Moreover, if your pittie bites, you may have a more difficult time defending it, and yourself, simply because of the pit bull’s undeserved reputation. In fact, in some cities and municipalities, your pitty may actually be illegal. If so, and even if you didn’t know it, you will need the services of a good law firm.

You can eliminate some of this danger, notes the legal website CK Law, by training both your dog and your child, and by supervising those times when your child, his or her friends, and your dog are in the same room. Because accidents happen no matter how careful you are.

springtime driving

Springtime Driving

Springtime is one of the best times to get out, enjoy the weather, and watch winter disappear right before your eyes. Whether you’re eager to take a long road trip or just want getaway for a quick weekend, it’s important to make sure that you and your car are prepared for springtime driving. While winter driving can be particularly hazardous and stressful for millions of Americans, the spring season is not free from dangerous situations on the road. Before you hit the road this spring, make sure you’re ready for whatever heads your way:

Springtime Car Maintenance

 

The weather and road conditions during the winter months can really do a number on your vehicle. Just as you would before winter arrives, make sure that your car is in good working condition when warmer weather arrives. First off, give your car thorough cleaning. Wash and wax the exterior (which can help keep tree pollen off of your car) and clean all the dirt and grime of the winter months from your interior. Next, check the air in your tires, have them rotated if needed, and have your trusted mechanic do a complete check (looking at fluids, changing oil, checking brakes, etc.).  Don’t forget to replace your windshield wipers and make sure the windshield cleaner reservoir is topped off, you never know when a spring rain will arrive, requiring a good pair of wipers.

Check the Weather

 

Spring is a much anticipated season, but it’s always filled with surprises. You can have a sunny and cloud-free sky in the morning and a rain/snow mix in the afternoon and often without warning. While snow is one of the biggest hassles for drivers, rain can be just as dangerous and stressful. Before you head out for the day, weekend or for your road trip, make sure you’ve taken a look at the forecast so you know what to expect. Additionally, it’s a smart idea to download a weather app to your phone so you can get up-to-date weather reports as your travel. Rain, fog, thunderstorms, and even tornadoes can suddenly occur during the springtime, it’s always good to stay informed, especially when traveling.

Share the Road

 

When the weather warms up, you can expect to see an increased amount motorcyclists, bicyclists, and pedestrians on or around the roadways. Make sure you are on the lookout for harder to spot motorists (like motorcyclists or bicyclists). Remember, they have the right to share the road with other vehicles, but they are less likely to be seen.

 

Continue to Drive Responsibly

 

Drivers should be responsible year round, but after a long winter, many drivers become a little more relaxed. First, keep appropriate distance and drive reasonable speeds when it’s raining or if there is fog (it can be just as dangerous as winter weather). Secondly, keep your distractions at a minimal. You may be tempted to crank the tunes and snap a picture on your smartphone, but your focus is needed on the road at all times, particularly when motorists, pedestrians, and even animals are more likely to be on the road. Finally, warmer weather marks the season of the backyard party and BBQs. Don’t forget to driver responsibly and know when to hand over the keys if you’ve been drinking alcohol.

confidence

Gaining Confidence After an Accident

The Centers for Disease Control (CDC) reports the fifth most common cause of death in the U.S. is accidents, as also stated on Boston auto accident attorneys’ website. Most accidents are very traumatic, even where there was no physical injury. The emotional scars can remain for a really long time particularly if you were the one behind the wheel. You might find yourself reluctant to get anywhere near the wheel of a car soon after. This is a normal reaction and may not bother you much at first. However, it is important that this feeling does not linger. The best way to overcome the fear of driving after an accident is to get your confidence back. Here are a few suggestions on how to do just that.

Be Kind to Yourself

Don’t feel keep feeling bad about what happened. Stop blaming yourself because you had an accident. According to Forbes, most people file a claim for collision at least once in about 17 years. So you are not alone in this. Whether it was as a result of your mistake or the other driver’s, there are lessons; learn from them and move on. When you move on, go slowly. Do not push yourself too hard as you have been through an experience that would most likely be traumatic for most people. Take things easy and be kind to yourself. Take care of yourself and if you need to take driving lessons in order to boost your confidence, go ahead and take them.

Get Back On

Don’t wait too long before getting back behind the wheel or you might get paralyzed by anxiety. Go slowly, but do make proactive efforts to try and get back to driving. You can start in your neighbourhood where there is less traffic, and drive around for a bit. As your confidence builds, you can then move on to the highway and your other normal routes. If you do not want to stress about being responsible for someone else, then drive alone until you gain more confidence. However, if having the company of someone you trust helps you to keep calm, be sure to invite them along for the ride. Understand that everyone is different, so go with the approach that works for you.

Seek Therapy

Driving anxiety is a real problem for many people and if you are suffering from such anxiety, do not dismiss it. If you have tried driving again and you just can’t seem to make that move from thinking about it to actually driving, then you should seek therapy. Psychotherapy is used for anxiety resulting from a traumatic experience, and it is likely that the accident was traumatic for you. Do not let anyone make you feel bad about the need to seek psychotherapy, in the end it is about taking control of your life. If you are able to face your fears and get behind that wheel at the end of it all, then that’s all that should matter.

Gaining your confidence back after having a motor accident is not easy, but with patience and determination it can be done. Just remember to be kind to yourself and take it at your own pace.