3 Steps Following a Motorcycle Accident

Transcript:

Cindy Speaker: If you’re involved in a motorcycle accident it’s important that your loved one exercise some critical steps to ensure that your legal rights are protected.  My guest today is Los Angeles Personal Injury Attorney, Peter Steinberg, of Steinberg and Spencer.  And he’s going to tell us what these three critical steps are.  So Peter thanks for being with us today.

Peter Steinberg: Well, you’re very welcome Cindy.  It’s always a pleasure to be with you.

Cindy Speaker: Well, Peter why don’t you start off by telling us what you consider to be the three critical steps that should be taken following a California motorcycle accident?

Peter Steinberg: Well, from my perspective, and I’ve handled motorcycle accidents for literally, probably three decades, the most important thing is to make sure that you’re okay.  Motorcycle accidents can be extremely serious, you might be knocked off your motorcycle and just feel like you’re bruised but within five, ten, fifteen minutes, some serious pain can set in. And I would say, a number one priority is make sure that you are okay.  It’s probably a good idea to sit down or lie down and let some people take care of you and not think that you can walk around and do a whole sort of things.

I say the second thing to do is to make sure that you have—if you are able to move at all, get some names, addresses and telephone numbers of witnesses.  So that would be very important.  And lastly, if you’re able to move around, get some photographs of the position of the vehicle that struck you as well as your motorcycle.

Cindy Speaker: Okay, now when you say that picture of the scene, tell me a little more about what you mean by that.  How important is it to have pictures of the scene?

Peter Steinberg: Well, photographs of the vehicles are extremely important.  You may have a car that has crossed over the center line and has stopped right where it hit you, that type of thing.  So that would be important and where your motorcycle comes to rest would be important.  And if you can get some pictures of the actual accident site, that would be helpful too.  I mean the site likely is not going to change but it will set the stage for the background for the position of typically the automobile and the motorcycle.

Cindy Speaker: Okay, Peter let me ask you this.  If someone’s involved in a motorcycle accident, and there’s minimal damage or injury, is it still important to call the police or is that not important?

Peter Steinberg: Well, actually Cindy, it’s critically important because very, very, very frequently whether it’s an automobile and particularly when it’s a motorcycle accident, injuries may seem minor at first but by moments, hours or days later, you can be in a lot of pain.  You can be actually unable to move.  So it’s extremely important to contact the police and have a report made.

Cindy Speaker: Okay and how do you get that report, Peter?  Do you go to the Police Station to get that or do they give it to you at the scene of the accident?

Peter Steinberg: Well, they never give you a report at the scene.  My recommendation is that you contact an experienced motorcycle attorney and the lawyer knows how to get the police report.  Typically, it’s a function of writing to the particular police department and paying a fee and I’ve seen these fees range from $3.00 to $24.00.  Most of the time, the police departments will give you a little card here in California, about a 3×5 card and it will give you a report number and an address and you can do it yourself but the prospect of handling your own motorcycle is daunting to me.  I would not recommend it to anybody.  Insurance companies just don’t like to pay out on any claims in particularly, motorcycle claims which can be very sizeable.  So don’t get it yourself, let a good motorcycle accident attorney get it for you.

Cindy Speaker: That makes sense.  And Peter, as you said, you handle a lot of those claims.  So someone with specific questions, how can we reach you?

Peter Steinberg: Well, we can be reached in one of a couple of ways.  Our toll free number is 1800-350-8888.  Again that’s 1800-350-8888, while our website is steinbergspencer.com.

Cindy Speaker: Okay.  Well, Peter thank you for your time today.

Peter Steinberg: Oh, Cindy great to have talked to you as always.

Cindy Speaker: This is Cindy Speaker from Main Street Law.

Uninsured and Underinsured Drivers

If you were the victim of a motor vehicle accident and were hit by an uninsured or underinsured driver, you have an especially difficult task ahead. An uninsured driver is a driver with no insurance coverage at all; an underinsured driver is one with some coverage, but not enough to cover the damage he or she caused. (A hit-and-run driver is considered an uninsured motorist, at least until he or she can be identified.) In a no-fault state, your own PIP coverage should cover at least some of your injuries and property damage. But in an at-fault state, being hit by an uninsured or underinsured driver may mean there is no money at all available to cover your injuries. You are free to sue, of course, but most individuals are not wealthy enough to fully pay for a serious injury.

In at-fault states, and in no-fault states with low coverage limits, more and more drivers are responding to this risk by carrying uninsured/underinsured motorist insurance that supplements their basic policies. In fact, some states require it. Uninsured/underinsured motorist coverage compensates you for the costs of the accident, up to the limits of the uninsured/underinsured policy. Unfortunately, the actual cost of your injuries can still exceed those limits. And because uninsured/underinsured motorist claims can be difficult to document, some insurance companies make them difficult to collect.

The Adjuster Is Not Your Friend

Because we refer to “our” insurance companies, it can be easy to believe that insurance adjusters are here to help us. Unfortunately, that is just not true. Insurance companies are in business to make money, and premiums — the monthly or yearly payments we make to have insurance — are just part of their profit. Like any other business, insurers make more money if they keep costs low. In an insurance company’s case, that means paying less to people with expensive claims. The job of an insurance adjuster is to save the company money by settling your claim for as little money as possible.

If you were seriously injured in your accident, you may not be in the best position to fight with your insurance company. Hiring a lawyer may be the best decision you can make to protect yourself, your family and your future.

Property Damage Claims In A Motor Vehicle Accident

If you were injured in your accident, the chances are good that there was also damage to your property. Damage to your car, truck or other vehicle is the most common type of property damage, but any other property you lost or had to repair because of the accident should also qualify. The same auto insurance policy that covers your injuries should also cover all of your property damage.

Generally, claims of damage to your vehicle fall into two categories. If the insurance company says your car or truck is “totaled,” it means the repair costs are likely to be greater than the actual fair market value of the vehicle. That makes it not worth repairing, at least to the insurance company. (You are free to do what you like with a “totaled” vehicle.) The fair market value of the vehicle is determined by its age, condition, mileage, appearance, depreciation and other factors. Each insurer does this differently, and some take into account incidental costs like storage.

Because car loans and other financial obligations related to the vehicle are not considered in determining fair market value, your car or truck might be considered worth less than what you owe for it. This is especially likely with newer vehicles, which depreciate (lose value) quickly within their first few years of use. The insurance company is obligated to pay only the actual cash value of the vehicle immediately prior to the accident, not the cost of repairs you made or your original purchase price. A special type of insurance called gap insurance is designed for this situation; it pays the difference between actual cash value and any loans you still owe. Gap insurance is optional, but insurers will probably try to sell it to owners of new vehicles.

If the insurance company considers the vehicle repairable, it should pay for repairs by a body shop or a mechanic. Your insurance coverage may pay for your use of a rental car during repairs, or compensate you for the temporary loss of your car or truck. Some states allow you to choose your own repair shop; others allow the insurance company to choose. If you disagree with the insurance company’s estimation of the damage, you can sometimes get a second opinion from another repair shop.

Having an experienced personal injury lawyer on your side will make this process easier.  In many cases personal injury lawyers will handle your property damage claim at no cost if you hire them to handle your injury claim.

Contacting Your Automobile Insurance Company

One of the most difficult things that auto accident victims and their loved ones have to deal with once the medical issues are under control, is interacting with one or more insurance companies. In 48 states auto insurance coverage is mandatory.  In Wisconsin and New Hampshire auto insurance is not mandatory as long as the resident has the financial resources to pay for any damage they cause in an accident.  However, having some auto insurance is not the same as having enough auto insurance — and some drivers break the law by carrying none at all. This is bad news if you rely on the other driver’s insurance policy to cover your injuries.

Before we go on, you should understand how insurance works in your state. There are two types of auto insurance systems in the United States, and which one you use usually depends on where you live. Most states are at-fault or tort states, which means the other driver is legally responsible for any injuries and financial costs caused by the accident. The other driver’s insurance policy is supposed to pay those costs, but you may have to sue to get payment if the facts are in dispute.

As of late 2008, eleven states have no-fault auto insurance systems. If your insurance policy is called Personal Injury Protection (PIP), you probably live in a no-fault state. In a no-fault system, your own insurance company pays the costs of your injuries, no matter whose fault it was. In exchange for that security, you cannot file a lawsuit over the accident unless you meet certain qualifications. In some states, your financial costs must be above a certain amount; in others, your injuries must be very serious (as defined by law).

Three states have “choice no-fault” systems, which means each individual may choose either an at-fault policy or a no-fault (PIP) policy. As of late 2008, those states are New Jersey, Pennsylvania and Kentucky. If you are not sure what type of insurance you have, check your policy or ask your insurance adjuster.

Contacting Your Insurance Company

After you receive medical care and recover from the immediate effects of your accident, one of the first things you should do is call your insurance company. If you live in an at-fault state, you will probably also have to call the other driver’s insurance company. You should make that call as soon as you reasonably can, because waiting too long might make it look to the insurance company like you are exaggerating your injuries. Calling quickly is also part of your obligations under the contract you signed with your insurer.

This first call should be fairly short. Its purpose is only to give the insurance adjuster the basic facts about your accident and the information for the other driver’s insurance company, if there is one. In fact, during the call, the insurance adjuster on the other end should never ask to record you or ask you to sign anything, especially in exchange for money. If you get this kind of request, you may be dealing with a dishonest company; you should politely decline and call a lawyer as soon as possible.

During your initial call, the insurance adjuster will probably ask you who was at fault for the accident or who was to blame. He or she might also ask if anyone got a ticket. If this is disputed or you truly are not sure, just stick with the facts. During this or any other conversation with an insurer, it is important to avoid apologizing or accepting blame just to be polite, because that could be taken as an admission of guilt. And if you were knocked unconscious or taken to the hospital, you may not have gotten the full story. One way to get it is to get a copy of the accident report, if there is one, made by the police. If they will not release it, your insurance adjuster can get it for you and use it to start your claim.

Common Defenses Used by Insurance Companies

Experienced personal injury lawyers have years of experience with the misrepresentations, exaggerations and outright lies insurance companies commonly use after injury victims make a legal claim. One common defense is to suggest that the victim suffered from similar injuries before the accident, or that the victim was predisposed to the type of injury he or she suffered. Yet another defense is to try to prove that the victim’s injuries were not caused by the accident, but by other events in the victim’s life. When insurance companies cannot dispute the fault of their insureds (customers), they might resort to the age-old tactic of attacking a plaintiff’s character or preexisting medical history.

A good lawyer will successfully challenge these common defenses and help the victim present his or her injuries clearly, concisely and coherently. For example, even if you suffered from a similar medical problem (such as a back or neck condition) before the accident, your lawyer can help you prove that your previous injury was made worse as a result of your accident. Most state laws support the premise that a wrongdoer “takes his victim as he finds him.” This means victims are entitled to recover full compensation even if they were particularly susceptible to an injury, or predisposed to experience greater pain or suffering than could have been foreseen by the defendant.

For example, you have a bad back that never required surgery, but then you are involved in a serious car accident that aggravates the back condition enough to require surgery, you are entitled to recover compensation for the surgery. After all, you would not have needed it if the accident had never happened.

Ultimately, in most instances hiring an experienced personal injury lawyer is going to be the best decision you can make to adequately protect your legal rights and those of your family and your future.

Road Trip Safety

Video Transcript:
Cindy Speaker: Planning for a road trip is usually a lot of fun. But unfortunately, many of us overlooked some very important preparations in that planning process. My guess today is South Carolina Personal Injury Attorney, George Sink of George Sink Injury Lawyers. And he’s going to talk with us about some of the often overlooked considerations. So George, welcome.

George Sink: Thank you for having me, Cindy.

Cindy Speaker: Well, George, we’re in the last month this summer and many families are planning that last vacation before the kids go back to school. So talk with us about some of the things that you recommend they consider when planning their trip to ensure it will be happy and a safe one.

George Sink: Well, it helps to know the route, the area, any dangerous problems that maybe out there. Even the weather, for example, and we have apps on cellphones now that can look at routes and spot traffic congestions. So things like that are very helpful. A matter of fact, I have that kind of app on the iPhone. You can check out those sort of weather or those traffic problems ahead of time. So it pays to look ahead and know where you’re going and anticipate the problems ahead of time.

Cindy Speaker: Well, George, what kind of vehicle maintenance would be most important to check before a long trip?

George Sink: Well, oil change, make sure your oil has been changed regularly, and tires are might bugaboo. When I was a student, I have a blow out at least a tire a week because we got the cheap ones. You can’t really tell—I can’t tell you how difficult it is to be stranded out some place and the tire blows out. So, make sure some qualified person looks at the tires, look for the pressure. It’s usually different in the front and the back tires, if there’s crack, or other things. So, take a look at those tires. That’s a big deal.

Cindy Speaker: All important. But for me, my cellphone is my most important safety equipment. I don’t know about you but I’m not going to get out of the car and try to change the tire. I’m going to pull out my cellphone and call out triple A. But what if you’re traveling to a state where cellphone use while driving is prohibited and you’re stopped while talking to your cellphone? Are you likely to be ticketed based on the cellphone laws of that state or are you only required to follow the cellphone laws of your home state, which could be different?

George Sink: It’s the same as if you committed a murder in that state. You’d be liable under the laws of that state. So, luckily, cellphone use is not prohibited in any state as such. But they do in nine states prohibit you from putting a cellphone to your ear in driving. You can’t do that in nine states. And about 30 others, they prohibit destructed driving. But what will get you home and what gets you around that is a little device that everybody has. You can put—you’ll put it in your ear,a nd by doing this, you can talk to people hands free.

For example, I was in California recently and they have that law. All you have to do is put it on a hands free device and you can use a cellphone in that state. But you have to know that and you should know you’re destructed laws too, because in some states, they are prohibiting texting while you’re driving, which is really not a good idea under any circumstances.

Cindy Speaker: Before we sign off here. If someone wants to reach you with specific questions, how can they do that?

George Sink: Call me hands free at 1-800-849-SINK, that’s toll free or you can get us on the internet at www.sinklaw.com

Cindy Speaker: Very good. Thank you, George.

George Sink: Thank you, Cindy.

Cindy Speaker: This is Cindy Speaker for State Law TV.

Advantages of Technology Following an Auto Accident

Video Transcript:

Cindy Speaker: One of the biggest obstacles in a personal injury case is gathering information and evidence. My guest today is South Carolina attorney George Sink of George Sink Injury Lawyers and he’s going to talk with us about the kind of evidence that needs to be gathered, and how technology can come into play.

George, thank you for being with me today.

George Sink: Oh, Cindy, thank you for having me.

Cindy Speaker: My pleasure. George, what sorts of things are normally available to a car accident victim at the scene but are difficult to track down later?

George Sink: Well, one of the things and the biggest thing, as far as I’m concerned, is the name and contact information for witnesses. The name alone doesn’t help that much so we need to know how to get a hold of them, and there’s lots of ways nowadays, telephones, email addresses. So that is a big thing. Also, possibly drawing the scene, if we could just get a picture of the scene, somehow, how many lanes were there, were there stop sign there or was that a yellow or a white line. Those are the things that really help at that time and if we can get copies of that, it really helps our client and their case.

Cindy Speaker: Well, George, I know you’re something of a techno file, just like I am. Have you found any helpful technologies for people involved in car accidents?

George Sink: Yes. Actually, the funniest thing is most people have it. Right now, they have cell phones. Now, cell phones can take pictures at the scene, not only of your car, which is the first thing you think of, but we could do that later, their car. Some cases are settled and resolved by pictures of their car because there’s not much damage to yours but their car, say, ran up underneath yours and it’s terribly damaged. And sometimes you can take videos with your cell phones. Also, use that cell phone to call 911 for police or for medical help, if you or someone else is injured.

Cindy Speaker: Very interesting. What about the smart phones, especially the iPhone, is there anything along those lines that might be helpful?

George Sink: Yes, strangely enough. I have an iPhone and it’s got a application, you call them apps, called CAR. It’s called Collision Accident Report, and it comes up on your iPhone and it’s a series of blanks you can fill in. They will enormously help you and you can put photos on it, you can email it to yourself, or to your lawyer. So CAR on the iPhone and it’s a wonderful thing, right at the scene while you’re waiting for the police or the ambulance. It’s just a great thing to do.

Cindy Speaker: George, that sounds really helpful. Let me ask you this. Are there other types of technology that are becoming increasingly important and helpful to your phone?

George Sink: Oh absolutely. Everyday, we’re using technology more and more. We’re using the internet, case management systems, and various other technological developments that are really leapfrogging our practice ahead. Check us out at www.sinklaw.com on the internet. We’ll be there and we’re on a lot places using a lot of technology. Technology is the wave of the future.

Cindy Speaker: It certainly is. And George, thank you for giving us your web address. How about your phone number, if someone wants to call you for more information?

George Sink: Well, call toll free at 1-800-849-SINK, that’s 7465. 1-800-849-SINK.

Cindy Speaker: Well, George, thanks so much for your time today.

George Sink: Well thank you, Cindy.

Cindy Speaker: This Cindy Speaker from State Law TV.

Staying Safe on the Road

Our guest blogger is Lauren and she is a 6th grader with a passion for writing. She is already a published author and I have asked her to use her wonderful talent to explore some law related topics for our StateLawTV family. Welcome Lauren!

Safety on the road is a very important thing, and it is definitely NOT something to be taken lightly. Many people are taken away instantly from their families whether it’s their fault or the fault of other careless drivers. To stay safe yourself, and to keep others safe, follow these tips:

DON’Ts

• DON’t drink and drive
• DON’T text while driving
• DON’T eat while driving
• DON’T turn around in your seat and talk to kids even if they’re screaming. Deal with it when you get home
• DON’T try to impress the other people in the car by driving with your knees, swerving, or dancing to music
• DON’T take your hands off of the wheel
• DON’T take your eyes off of the road
• DON’T blast the music in your car. 
• DON’T try to splash through huge mud puddles or water puddles. You could lose focus or even run into a truck or car.
• DON’T ignore your car. When it makes odd sounds, see what’s wrong with it. Don’t let it keep doing it.
• DON’T speed. It’s against the law and will eventually come back and slap you. 
• DON’T take time to put on makeup during stoplight breaks.

DOs

• DO pay attention to the road 
• DO watch for stop signs 
• DO watch for kids 
• DO pull over to the side of the road when you hear ambulance, police, or fire truck sirens. 
• DO wear your seatbelt . . . and wear it correctly.

Follow these tips, stay alert, and be careful on the road. Your life and the lives of others is not a joke. So when you are driving, think about these tips, and think about your children. What if their lives were instantly ended? Whether it was their fault, or somebody else’s fault, you’d be heartbroken. Well, you could be the cause of the death of someone’s greatest joy if you are careless. Be careful.

Safety on the Internet

Our guest blogger is Lauren and she is a 6th grader with a passion for writing. She is already a published author and I have asked her to use her wonderful talent to explore some law related topics for our StateLawTV family. Welcome Lauren!

One awful truth about the world is that there are people out there sneakily trying to steal information from kids through the internet. Such as: address, email, and phone numbers. http://www.safekids.com is a great web site to check out if you are concerned about your kid’s safety.

Also, Common Sense Media is a nonprofit organization that reviews games, movies, TV shows, and even books to help you parents keep your children safe.

However, parents, kids want to have freedom. They want to be able to feel like they are in charge, and they want to do what they like when they like. So, you ask:

How can I keep my kids safe and still let them be happy and privileged? To which I reply: Hear me out, and by the end of this article, you’ll know how to keep your adorable and without a doubt valuable children happy and safe. :

• INSTALL – It is a good idea to install a content filter on your computer and have your kids use that computer
• DISCIPLINE – Tell your kids that they will not be allowed on the computer for a long time if they give any info away on the computer like your address, your email, your phone number, your age, or your last name.
• LOVE – make sure you show them love. Don’t discipline them all the time. That will beat them down and they will not listen to you at all . . . even when it’s really important.
• PHONE – Let your kids know that they are only allowed to call friends and family unless they ask and you approve. Also, don’t allow them to answer the phone without your permission.
• TALK – talk to your kids every day, telling them how much you love them. This way, they will know that you only want what’s best for them when it comes to the computer.
• CHECK – check your computer’s history. You can tell what sites they have been on. If they were on any forbidden sites, go and talk to them about it gently, and make sure they understand that although they may not agree, you will not tolerate that behavior as a parent. It is just too big a risk.

Here are some other good web sites to check out:

www.komputers4kids.com/Protection.html
www.kidpower.org 
www.fbi.gov/kids/k5th/safety2.htm 
http://kidshealth.org/parent/positive/family/net_safety.html

Attacks by Dangerous Dogs

How Can Children Avoid Dog Bites?For most families, dogs are friendly, loyal companions. But despite centuries of domestication, dogs are natural predators with sharp teeth and claws — and predatory instincts that can be deadly when they’re not controlled. The federal Centers for Disease Control and Prevention says 4.5 million Americans are bitten by dogs each year; a fifth of those require medical attention; and a few each year die. Because our personal injury attorneys work frequently with people hurt by dog attacks, we believe it’s important for all parents to understand what they can do to reduce the risk of a serious bite.

Unfortunately, children are especially likely to be seriously hurt in a dog attack. Part of this has to do with children themselves, who are inexperienced with canine behavior and may take risks around dogs. Their small size also brings their heads and necks closer to the dogs, which exposes them to more serious injuries than adults typically sustain. But another part of the problem is that dogs may perceive children as prey because of their small size and quick movements. The resulting wounds can be serious or even fatal, including flesh ripped away by the dog’s teeth, bones crushed by its powerful jaws and toxic infections.

The CDC has tips on safety around dogs on its Dog Bite Prevention information center:

• Do not approach an unfamiliar dog.


• Do not run from a dog and scream.


• Remain motionless when approached by an unfamiliar dog.


• If knocked over by a dog, roll into a ball and lie still.


• Do not play with a dog unless supervised by an adult.


• Immediately report stray dogs or dogs displaying unusual behavior to an adult.


• Avoid direct eye contact with a dog.


• Do not disturb a dog who is sleeping, eating, or caring for puppies.


• Do not pet a dog without allowing it to see and sniff you first.


• If bitten, immediately report the bite to an adult.

When dogs attack, their victims frequently need years of medical care to fully treat their injuries and mitigate scarring as much as possible. When smaller children are the victims, they may also need long-term therapy to help them feel safe in the outside world, particularly around dogs. The homeowners’ insurance of the dog’s owner is supposed to cover these costs, but sometimes, it takes a lawsuit to force the insurance company to meet its legal obligations. Our personal injury attorneys are proud to help victims of dog attacks recover the money they need, either at the settlement table or in a court of law.