Author: Alexandria Zant

Being involved in a car accident is a very frustrating experience. Whether the accident was severe with injured people or minor, where there are no visible injuries.

In any case, all accident victims are entitled to compensation to help them cover the expenses derived from said accident. The compensation must apply regardless of the accident’s severity or how serious or minor the damages were.

However, there are several myths and misconceptions about what to do after an accident. Below we will mention some of these myths and explain why they are misconceptions.

• I don’t need to call the police. Seeing that the crash was nothing more than a hit to the rear bumper, many people decide it’s not important to call the police. However, failure to do so prevents the police from filing a situation report that can serve as backup should they later decide to take legal action against the responsible party.

• My insurance company will take care of everything. This couldn’t be further from reality. We must remember that insurance companies are businesses that seek to take care of their interests first. Often, the initial amounts offered to victims tend to be much less than what they deserve to cover all their expenses. Before accepting any offer, it is essential to speak with an attorney who can help you determine the concepts to be considered to arrive at a fair amount of said compensation.

• I am not entitled to compensation since I had no injuries. Even if the victim does not have visible injuries, this does not mean that they cannot develop over time. It also does not mean that they cannot obtain compensation to cover the costs of repairing their vehicle as well as the stress and suffering that the person may have experienced.

According to national studies, the use of seat belts in the rear seats is much lower than the use of seat belts in the car’s front seats. For example, it has been observed that adults use the rear seat belts 75% of the time during a car trip, while when traveling in the front seat, they use it 90% of the time.

Every year, thousands of people die in car accidents. According to the driver safety organization, in 2018, approximately 803 passengers who were in the back seat without seat belts during an accident died. The same organization estimates that half of them would have survived if they had used their seatbelts. People who use ride-sharing services like Uber and Lyft rarely wear seat belts.

During a car accident, the laws of physics apply to everyone in a car, both in the front and rear, putting them at risk of severe injury or even death. Some of the most common injuries that we can see in these accidents are lacerations, head trauma, broken bones, neck injuries, and ejection from the vehicle.

Much has also been discussed about the need for car manufacturers to develop better conditions and safety devices for people who travel in the back seats. For example, while drivers have airbags to protect them in the event of an impact, rear-seat passengers only have the restraint of a seat belt. There is no other device to protect the backseat passengers from the seats in front.

For older adults, just as for children, it is vitally important to wear a seat belt at all times to reduce the risk of injury in the event of an accident.

As a driver, you can make a difference, making sure that all your passengers always use it, no matter where they travel in the car.

Being a child means playing. Climbing, running, jumping, for a child, everything is fun, and often they don’t measure the consequences that, within their fun, they may suffer an injury. Parents often worry that their children and teens are taken care of and that they return home safe and sound after a day of activities.

It is very common for children and adolescents to get injured, not only playing but also participating in PE classes, soccer practices, hockey, basketball, skateboarding, and other high-impact activities. One of the areas of the body that is most at risk for serious injury is the head.

Suffering a concussion can have both short-term and long-term consequences, and it is crucial to be able to spot the symptoms, so you know how to act quickly should this occur.

What is a concussion?

A concussion occurs when the head is hit hard, either by an object, person or from a fall. This trauma can temporarily interfere with normal brain function. Therefore, it is essential to get medical attention as soon as possible.

What are the symptoms of a concussion?

When suffering a concussion, the person may or may not lose consciousness. Some of the symptoms may include dizziness, headache, nausea, vomiting, slurred speech, memory loss, sleepiness, among others.

If you suspect that your child has suffered a concussion, it is vital that you stop their activity immediately. Don’t allow them to continue playing, and take them to a doctor as soon as possible.

Other symptoms that the person may present in the short or long term – when they have not received the necessary and timely medical attention – may include irritability, difficulty concentrating, difficulty sleeping, depression, tiredness, and lethargic movements.

It is crucial that after a concussion, the child or adolescent gets as much rest as possible and does not participate in any physical activity until determined by the doctor.

Distracted driving refers to any activity you can do while driving that takes your attention away from the road in front of you, even if only for a few seconds. This not only refers to talking on the phone or sending text messages; it can also be putting on makeup, eating, being distracted with passengers, using some other electronic device and/or being distracted with the controls of the car, among others.

According to the NHTSA (National Highway Transportation and Safety Administration) statistics, distracted driving is the leading cause of approximately 920,000 traffic accidents, 3,000 deaths, and about 280,000 people injured each year in the United States.

Distraction can present itself in different ways. Here are some of them:

• Visual distractions. It refers to when your eyes stop seeing the road. It can be by checking your cell phone, talking with a child or passenger who travels in the back of the car, seeing the landscape, etc. Taking your eyes off the front prevents you from seeing the movements that other drivers may make and therefore responding quickly and appropriately.
• Manual distractions. In this type of distraction, your hands stop holding the steering wheel, which takes time to maneuver immediately if necessary. Some manual distractions can be eating, using the radio controls, sending text messages, having a drink, among others.
• Cognitive distractions. Cognitive distractions refer to when your mind is not fully focused on driving, when you may be thinking about other things that worry you or when you are going through strong emotions, stress, or fatigue. When our mind wanders, we run the risk of doing things as on automatic pilot, without really registering what is happening around us, and, therefore, it prevents us from reacting in time.

Taking care of everything necessary before driving and avoiding using electronic devices and car controls can save not only your life but also the lives of others.

Car accidents are not something we can plan for, much less something that is easy to handle. The legal system in our country can be confusing for those who lack experience in the area, so it is crucial to hire a lawyer who has the necessary knowledge and empathy to accompany you throughout the process. You don’t have to do it alone. Let an expert represent your best interests and take care of your case so you can focus on your recovery.

But how do you choose the right attorney? What should you look for when hiring a good lawyer? Here are some of the things to consider when deciding on an attorney:

1. Experience in personal injury accident cases. The most important thing is that he/she has sufficient experience in these types of cases. Not all attorneys can handle every case, as there are many areas of expertise within the law.
2. Experience in managing insurance companies. Your attorney will be responsible for communicating and negotiating with the insurers. It is extremely important to know how they work and how to make them pay the compensation you deserve, not the minimum amount they tend to offer in most cases.
3. Good communication. Another important thing you need to have with a lawyer is good communication. They can explain clearly and simply what the process will be like, the obstacles you may encounter, and give you information about fees and ways of working. It is really important for your lawyer to answer all of your questions and to let you know what is going on every step of the way.
4. Empathy and a good relationship with clients. It is crucial that you feel comfortable with the person representing you, that they listen to you, are friendly, and care about your recovery. Your lawyer will be your voice and your presence in court, and if you do not feel confident that he/she will take care of you and your interests, it is better to look for someone that you feel more comfortable with.

Losing a loved one is a painful and challenging situation, regardless of the reasons and conditions in which the person passed away. When something like this happens, the surviving family members, or the persons who represent the victim’s estate, have legal recourse through which they can recover compensation. Today we will talk about these two processes known as “wrongful death” and “survival action” and explain their differences.

In a wrongful death case, the person dies due to the negligent actions of a third party—for example, medical negligence, car accidents, accidents in facilities, etc. The first thing to consider is that a wrongful death lawsuit aims to obtain compensation for damages for surviving family members. Therefore, the only people who can carry out the process are the victim’s spouse, parents, or children. This compensation will include all medical expenses, pain, and suffering of the family for the loss of a loved one, lost wages that the family finances depend on, and loss of company. This compensation goes directly to the surviving family members and is generally tax-exempt.

On the other hand, the survivor action is handled like a personal injury case, even if the person is deceased. The victim’s heir or the representative of the will and/or their estate can carry this process out.
In the survival action, the compensation does not go directly to the relatives but to the person’s assets. Medical expenses, pending bills, and even the pain and suffering that the person may have suffered before death can be covered through this.

That is, this compensation would go directly to the person’s assets, so this would be subject to taxes. However, once the victim’s expenses have been paid and taxes have been deducted, the remainder can go to the relatives according to the deceased person’s last wishes.

Being involved in legal proceedings for a personal injury accident is not a desirable situation. There are many things to consider, and a lack of knowledge can prove dangerous for your case. Having a lawyer who is skilled and experienced can be crucial for your case. 

When hiring a lawyer, it is vital to consider not only recommendations but also their academic and work history, rate of cases won, etc. There are situations in which people may feel that:

• Their lawyer is not doing enough to win their case.
• He or she is not investing enough time or resources in the process. 
• There isn’t constant and effective communication; 

It may also be the case that the client disagrees with how the attorney is handling the situation, or they simply don’t trust their lawyer enough to continue working with him or her.

In the United States, the judicial system states that all citizens have the right to a fair trial, both in criminal and civil proceedings. That is why American citizens have the right to choose who they want to represent them. If, for any reason, you feel that you can no longer work with your lawyer, it is essential to know that you can fire him and hire a new one.

Before firing your current attorney, review the terms of your contract. Within them, you should be able to find something related to the termination of services. For example, it should specify how to pay for services and the time spent on your case up to that point, as well as services that could have been already paid for but that have not been carried out yet.

Make sure you have a new attorney before doing so. A significant advantage may be that most personal injury attorneys offer free consultations. Talk to another attorney about your case, your concerns, and your questions. Once you have decided on another lawyer, you will have to send a letter in writing to the previous lawyer requesting the termination of the contract. Your new attorney can help you obtain your file and all the essential documents related to your legal process.

Airbags have been a technological breakthrough that all new cars today include to ensure a safer experience. In fact, since 1998, front-end airbags for the driver and passenger became a mandatory feature in all the new cars manufactured and sold in the United States.

Having something to cushion your body against the steering wheel and dash during an accident can prevent severe injury. Unfortunately, however, airbags have also injured thousands of people, and in some accidents, they have even caused death. This has had to do with the operation of the same airbags, with failures by the manufacturers, and due to people not wearing a seat belt or wearing it incorrectly.

The mechanism of an airbag starts with sensors that detect a sudden deceleration, which means that a collision has occurred. These sensors send a signal that activates an inflation mechanism where chemicals are burned to produce gases that inflate the bag quickly. It happens in a few seconds, so the force exerted by the airbags is tremendous. It is not uncommon for a person to be burned or injured after an airbag has been deployed.

The most vulnerable people in the face of this enormous force can be children, the elderly, and young adults who cannot withstand this colossal pressure. Because of this, children must always go in the back seats and be protected in their own seats, and although there are airbags in the back seats, they tend to be lateral and not frontal.

Now imagine that force unfolding in front of you, and you holding something in your hand, be it a cell phone, food, or anything else. The consequences can be severe. In fact, it is estimated that between 1990 and 2008, airbags caused around 290 deaths. However, it was also noted that in many of these cases, the cars involved had been manufactured before 1998.

Automakers have worked hard to improve airbags, and we’ve come a long way, but remember that you, too, should take precautions and stay safe.

Working delivering food is not an easy job. Although it can be perfect for many people, given that it provides them a lot of flexibility in their schedules, the truth is that they also face many dangers. First of all, we must bear in mind that these workers do not receive an hourly wage, but many of them are paid for each delivery service. Thus, the more you deliver, the better your pay will be. Some of these workers will do everything possible to deliver the good in the shortest time possible, often exceeding the speed limit.

If we add to this that many of these services are performed through an application, you can imagine how distracting this can be while driving. For example, your attention is not entirely on the road when trying to find an address or getting more deliveries scheduled. Most of these workers use either a motorcycle or a scooter to do their job, and a low percentage of them use a car.

Second, we know that motorcyclists and cyclists are the most vulnerable drivers we can find on the road because they do not have a cabin between their vehicle and the asphalt to protect them from a blow or other cars. Other drivers can often not see them due to their vehicle’s blind spots or because they do not take the time to do so, causing terrible accidents.

Another important thing to consider is that the food delivery service increases on those days when the weather is terrible. These days, people prefer not to go out, and it is very common for them to request these types of services, Leaving these workers to face bad weather conditions in which car accidents tend to happen frequently.

It is essential that the people who carry out this type of work have the necessary experience driving their vehicle and that they do not engage in negligent behaviors that could endanger their lives as well as the lives of others.

We have all heard or seen terrible news where adults, children, or entire families die due to the behavior of a driver who was driving while intoxicated. Unfortunately, it is estimated that around 28 people die from this cause each day in the United States. The saddest thing about this situation is that each and every one of these accidents could have been prevented.

If you ever find yourself involved in such a terrible situation, you must call 911 immediately. They will be able to send a police unit as soon as possible to collect evidence. They can also send you an ambulance with medical personnel who will provide urgent services, ensuring that both you and others who may have been injured get medical attention as soon as possible. Your safety and that of others should be your top priority.

If you can move, and your car is still working, try to move it to a place where you are safer and cannot cause another accident. In case the vehicle cannot be started, then move to a safer place. If some other vehicle collides with your car, you don’t want to be there for further damage.

If the driver responsible for the accident fled or wanted to flee the scene, take photos of his vehicle, license plates, and everything possible.
If you can take a video of the driver that shows their drunkenness, either because of their behavior or way of speaking, please do so. Also, take photos of any alcoholic beverages you find.

Once you have obtained the necessary medical attention and are in a safe place, communicate to the police all the information you have about how the accident occurred and your version of the events. Hire a specialized attorney who can represent you.