Quick Links:
- Clark Perdue Supports MADD
- What You Should Do After a Motor Vehicle Crash
- What You Can Do to Avoid a Motor Vehicle Crash
- Toy Safety Tips for Holiday Shoppers
- Maclaren Recalls Strollers After Fingertip Amputations
- Texting Increases Risk of Crash 23 Times
- Motorists required to change lanes for tow trucks, emergency vehicles
Clark Perdue Supports MADD
The holiday season brings an increased number of drunk driving accidents. Victims will need the assistance of MADD. We encourage you to support MADD however you are able. You may obtain more information or make a donation at http://www.madd.org/. Or you may call the Mid-Ohio Valley Chapter at (614) 885-6233 and ask for Victims Services Specialist Tilde Bricker-or visit the Ohio Regional Office website at www.maddohio.org. You may also find useful information in their November newsletter.
Please don't drink and drive this holiday season!
What You Should Do After a Motor Vehicle Crash
Things to do after you leave the scene of the accident.
If you receive more than minor injuries in an accident, and you believe that the other driver is at fault, you have a personal injury claim. Below are some things you should do if you have a personal injury claim.
Avoid Electronic Communication
Do not communicate by e-mail with anyone about your claim. E-mail communication can be used against you by the insurance company or its attorneys.
Also, refrain from any form of on-line electronic communication while your case is pending. This includes blogs, YouTube, Twitter, chat rooms, and social networking sites such as LinkedIn, Facebook, and MySpace. Anything you communicate electronically, whether or not directly related to your case, can be discovered by the other side and potentially used against you. For example, even casual on-line postings about your vacation could be misconstrued as an indication that your injury is not severe. You can be absolutely certain that insurance companies and their lawyers will search for and find anything you have posted on the Internet.
Keep a Diary
We cannot emphasize too strongly the importance of maintaining a diary. This need not be anything fancy and may simply be a 25 cent notebook. It does not have to be kept every day, but it is important that you keep it in an attempt to document your injuries and damages. You should backdate the diary and attempt to start it at the time of the accident, telling in the greatest detail possible what happened to you in the accident and the pain and suffering you experienced immediately thereafter.
As you keep the diary, describe the effect that the injuries are having upon you and the pain and suffering that you are experiencing. Describe the activities that you cannot do or cannot do as well as you could before your accident/injury. You should record your feelings, such as worries you have about your ability to get well or the effects of your injury on your everyday living.
Try to be descriptive. For example, "I was in a lot of pain today" is not nearly as good as "I was in so much pain today that when I reached down to pick up the sweeper I let out a groan and realized that I could not reach down to pick it up because of the pain." If somebody witnessed your pain or suffering, be sure to put down their name. For example, "Today I had to ask my friend to reach up in the cupboard and pull out the saucepan because I was unable to extend my arm upward above my head."
Document Your Damages
In addition to maintaining your diary, remember to keep an up-to-date record of all medications. Many people lose money because of their inability to reconstruct the list of medications they have taken as a result of their injury.
Photographs are extremely important. You should have five or ten photos of each motor vehicle involved. If you think there is damage visible inside of the vehicle, take some photos of that. If you think that there may have been some type of defect in your vehicle, you should consult an experienced personal injury and product liability lawyer.
If you have injuries that show up on photographs (scars, bruises, etc.), be sure to photograph them. The ability to document injuries by photographs is very important. There is truth to the saying that pictures are worth a thousand words. We cannot emphasize enough the importance of photographs.
Keep track of expenses such as babysitting expenses, housekeeping expenses, traveling expenses for medical treatment and the like. All expenses should be recorded, and if you are in doubt, you should make a record and let us assist you in determining what expenses can be recovered.
Remember that your inability to do certain activities is part of your claim. It is important to have independent documentation of this impairment. For example, if you cannot run the sweeper or do the laundry, write down the name of somebody who has observed this and could testify about it in court. If you are unable to play golf, bowling, tennis or the like, write down the name and address of the person who, from his/her own observations, can document the fact that you have not been doing these activities-or that you do them with great difficulty, or pain, or slowly, etc.
Follow the Advice of All Your Physicians and Surgeons
You should visit your physician as often as is required. When you see your physician, describe all of your pain and other symptoms and difficulties that you are having. Remember that whatever you tell your physician in the course of your treatment may be admissible as evidence later in court, and so you should be careful and honest as to what you say. If you had prior injuries or conditions, tell your physician. If your injuries are affecting your employment, be sure that you explain this. If your injuries are affecting your ability to do recreational activities, tell your physician and explain why. Always follow your doctor's advice.
Occasionally people become dissatisfied with certain physicians. Physicians sometimes have differences of opinion. As a consumer of medical services, you should be proactive in seeking a second opinion if you are not sure about the advice you are receiving from a physician.
Do Not Sign Things You Do Not Know About or Understand
Of course, you should not sign anything for anybody unless you know it is okay or you have it approved by a lawyer. Be careful what you say even to your own insurance company. Statements made innocently in an attempt to be helpful can later be twisted and used against you.
Who Pays the Bills While You Are Waiting?
As a general rule, you are responsible for your medical expenses. Some physicians will wait for payment, and some will not wait. If you have medical or health insurance, it is generally a good idea to turn any and all bills into the insurance companies to avoid harassing creditors' actions against you. As with anything, there can be exceptions to the general rule.
There may be some benefits available to you under your own automobile insurance policy. If you are not well-versed in reading and interpreting insurance policies, you should ask a lawyer for advice.
Do You Understand Subrogation?
Subrogation means that when you obtain money from the person responsible for your injuries, you have to pay it back to somebody else. For example, if you have health Insurance, and it has paid some of your bills, when you finally obtain a recovery or settlement as a result of your accident/injury, you will probably have to pay back your health insurance company. But you may not have to pay them back 100% of what they paid to you. Subrogation is a complex legal subject in personal injury claims, and if there is more than a few thousand dollars involved, it is a good idea to consult a lawyer. This is an area where an experienced lawyer can frequently provide real value and more than make up for the legal fees involved.
How Long Will Your Case Take?
Generally, settlements, recoveries, awards, etc. take a long time. It may be three years after the date of your accident before you have a trial or settlement. On the other hand, It may be only nine to twelve months. One of the main reasons that your case will take a long period of time is to protect you. When a settlement or recovery is made, it is for a lifetime. You are not allowed to go back into court two years from now or ten years from now or twenty-five years later and ask for more compensation. All of the compensation that you receive as a result of your accident or injury will be received at the time you sign a release in your case.
At Clark Perdue, we are very careful about settlements and want to make sure that our clients make a voluntary, intelligent, and knowing settlement or decision to go to trial. Even after a case is filed in court, we often have to wait a year or two before the case is called to trial. Since these cases do take a long time, you can see how important it is to document your injuries and damages.
Traffic Offenses
If you are arrested or cited as a result of the collision, call a lawyer immediately. NEVER plead guilty to a traffic offense, and do not even pay a traffic ticket without first consulting a lawyer.
What You Can Do to Avoid a Motor Vehicle Crash. (continued from post card)
The most important thing you can control is the operator-that's you. If you are alert at all times, you will have the best chance to avoid an accident. Avoiding an accident means not causing it by your own actions and being able to take quick action to adjust to the actions of other drivers. Here are some common sense things you can do to stay alert:
Toy Safety Tips for Holiday Shoppers
Choosing Appropriate Toys
Parents and gift-givers can help prevent toy-related injuries and deaths by always reading labels and being safety conscious. The following tips will help you choose appropriate toys this holiday season--and all year round:
Select toys to suit the age, abilities, skills, and interest level of the intended child. Toys too advanced may pose safety hazards to younger children.
For infants, toddlers, and all children who still mouth objects, avoid toys with small parts which could pose a fatal choking hazard.
For all children under age eight, avoid toys that have sharp edges and points.
Do not purchase electric toys with heating elements for children under age eight.
Be a label reader. Look for labels that give age recommendations and use that information as a guide.
Look for sturdy construction, such as tightly secured eyes, noses, and other potential small parts.
Check instructions for clarity. They should be clear to you, and when appropriate, to the child.
Discard plastic wrappings on toys immediately, which can cause suffocation, before they become deadly playthings.
By using common sense and these safety suggestions, holiday shoppers can make informed decisions when purchasing toys for children.
U.S. Consumer Product Safety Commission U.S. Consumer Product Safety Commission http://fun.familyeducation.com/toy-safety/safety/29700.html
Product Warning -- Maclaren Strollers
If you have a Maclaren child stroller, please review the warning below, issued by the U.S. Consumer Product Safety Commission.
***Clark Perdue is accepting Maclaren child stroller injury cases***
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below . . . announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Maclaren Strollers.
Units: About one million.
Distributor: Maclaren USA, Inc., of South Norwalk, Conn.
Hazard: The stroller's hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller.
Incidents/Injuries: The firm has received 15 reports of children placing their finger in the stroller's hinge mechanism, resulting in 12 reports of fingertip amputations in the United States.
Description: This recall involves all Maclaren single and double umbrella strollers. The word "Maclaren" is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveler.
Sold at: Babies"R"Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360.
Manufactured in: China.
Remedy: Consumers should immediately stop using these recalled strollers and contact Maclaren USA to receive a free repair kit.
Consumer Contact: For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm's Web site at http://www.maclarenbaby.com/.
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CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx.
Cell Phone Safety
According to several studies recently completed by the Virginia Tech Transportation Institute, talking on a cell phone or texting on a cell phone while driving increases the risk of an accident or near accident by shocking degrees.
Here is a snapshot of the risk estimates from the studies:
For light vehicles or cars
For heavy vehicles or trucks
Source: Office of University Relations, Virginia Tech, July 29, 2009
Tow Truck Safety
Motorists required to change lanes for tow trucks, emergency vehicles.
The Ohio General Assembly recently amended Revised Code §4511.213 to provide that motorists must change lanes or slow down when approaching an emergency vehicle, law enforcement patrol car, or service vehicle (e.g. tow truck). Failure to do so is a traffic violation and a minor misdemeanor.
