Archive for July, 2011

Car Accidents Caused By Inclement Weather in Nashville, Tennessee

Friday, July 29th, 2011

Car Accidents Cause By Inclement Weather

Nearly a fourth of all crashes occur during adverse weather conditions, including ice, snow, rain and fog, partially due to the fact that many drivers do not take poor weather into account when driving. Drivers fail to slow down or fail to increase the distance between themselves and other cars, causing additional hazards on the roadways. When big storms occur, many drivers will either slow to a dangerous crawl or drive as fast as they normally do—both of which can contribute to accidents caused by weather conditions. While snow and ice tend to scare drivers into simply staying home, rain is not generally considered “bad” weather, so more cars end up on wet roads, failing to slow down and consider the wet, slick pavement. Drivers should always remember that weather impacts a variety of factors, namely visibility, distance, vehicle performance and travel speeds. There are many things to consider if you are about to go out on a road which has been altered due to inclement weather.

Give Yourself More Time

It’s never a good idea to be running late when driving in bad weather, since this type of driving will naturally take longer, and will cause a greater amount of stress. Leave earlier than you normally would, and if you have a choice of routes, take the one which is least likely to be affected by the adverse weather. Always slow down during bad weather driving, and be hyper-vigilant to reduce the possibility of skidding out of control. Although tailgating is never a good idea under any weather conditions, it is an especially bad idea in bad weather conditions since your braking time will be much slower. Allow plenty of time to stop, and stay well away from the car in front of you.

Check Your Equipment

Your tires and brakes should always be checked regularly, especially during the winter months. Also, don’t put off replacing faulty windshield wipers until you are in the middle of a severe rainstorm as this could cause a serious injury. Take care to keep your headlights clean, and never, ever simply scrape a tiny area of ice from your windshield, hoping your defroster will kick in soon. Use your low beams when you are driving in foggy conditions; not only will you be able to see better, but other drivers will also have better visibility. Keep to the right side of the road, and anticipate other drivers who may inadvertently cross the line due to limited visibility.

Keep Your Seatbelt Buckled, and Pull Over When Necessary

Wearing your seatbelt is a law you should always follow, most especially when you are driving in bad weather conditions. Should you skid on a slick road, your seat belt may be the only thing which saves your life. If the weather conditions have come on suddenly and you are not prepared, pull over to a safe spot, completely off the road. It simply doesn’t make sense to continue to drive when poor visibility makes driving extremely dangerous, no matter how badly you think you need to be somewhere. If the bad weather involves heavy snow or a downpour of rain, make sure you are not pulling into a snow bank you won’t be able to get out of or a deep mucky puddle.  Adhering to these safety tips can lessen the likelihood of injury to yourself or others, and if you have the option, simply stay home when the weather outside is dangerous.

Finally, remember that even if you are driving with all due caution, you can still be involved in an accident due to the negligence of another, and even if you are driving defensively, you may still be subject to road hazards such as unsalted roads, or no warning signs on icy roads or bridges. If you have suffered an automobile accident due to bad weather and/or the negligence of another, it’s important to hire a personal injury attorney who is highly experienced in this type of accident. After all, you don’t want to allow an accident caused by inclement weather conditions to haunt you for the remainder of your life.

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Insurance Issues Following an Auto Accident in Nashville Tennessee

Thursday, July 28th, 2011

If you’ve been involved in an automobile accident, you should know that when dealing with insurance issues following your accident you should expect the unexpected. Most of us go through our lives conscientiously paying our insurance premium each and every month, fully expecting that if and when we need that insurance, the insurance company will be equally conscientious in taking care of our financial needs. Unfortunately, this is rarely the case. Even if you happen to be on a first-name basis with your local insurance agent, the reality is that he or she is only an employee of a much larger company whose goal is to pay out as little money as possible on all claims.

Of course the very first issues you must attend to following an auto accident are the injuries to your body. Seek medical attention immediately—even if there are no obvious injuries—then file a police report. Your insurance company or that of the person responsible for your accident will likely be contacting you regarding the specific details of the accident. It’s important to say as little as possible until you have legal representation. Insurance companies are not above using the most innocent statement against you later in an effort to reduce the amount of money they will pay. Although it’s important that you understand insurance basics such as fault and liability, insurance laws vary widely from state to state—another reason to hire a knowledgeable personal injury attorney who will be aware of the laws specific to your state.

How Fault and Liability are Determined

There are essentially four levels of “fault,” including negligence, recklessness, intentional misconduct and strict liability. Negligence is generally considered to be an act which was unintentional yet careless and resulted in harm to another’s person or property. Negligence is a common premise in a large majority of automobile accidents, encompassing both active and passive forms of fault. This means that failing to do something such as yielding a right-of-way brings the same amount of liability as actively running a red light. Reckless conduct or intentional conduct must have the element of willful disregard for the safety and welfare of others. Strict liability is generally applied—even in the absence of fault—in accidents which involve a defective device or a hazardous activity.

Drivers who have engaged in intentional or reckless misconduct are almost always at fault in the event that conduct resulted in an accident, however there are lots of gray areas when negligence caused the accident. Additionally, it can often be the case that more than one driver contributed to the accident, making the insurance issue even more complex. State law generally dictates who will pay for property and person damages when a multi-driver accident occurs.

Types of Insurance

There is a wide variety of insurance coverage available, but even if you and your next door neighbor both have the exact same type of coverage your experience in submitting a claim can be completely different. Each company will have its own policies, each driver has their own claims history, and each individual adjuster will make decisions based on their own particular training, background and personal experiences. Generally speaking, however, liability insurance pays for property damage or bodily injury which occurs through some fault of your own. Collision insurance pays for the physical damage to your own car, while uninsured policies protect you should the other driver be at fault but have no insurance of their own.

Other Insurance Questions

You will also need to know where and how you file your claim—whether with your own insurance company or that of the other driver—as well as what you will do about your medical bills. If you live in a no-fault state, then your own insurance company will deal with your medical bill claim, while if you are not in a no-fault state, you will probably file with the other person’s carrier. Never accept payment and sign a release without the benefit of a personal injury attorney taking a look at the agreement. Many insurance companies try to get you to settle quickly, before you are completely sure about the extent of your injuries and lost wages. Take care of your medical needs, concentrating on recovery and let an attorney take care of your insurance issues and concentrate on getting you the best settlement possible.

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