Personal Injury | TJC.ESQ https://www.tjcesq.com FindLaw IM Template Tue, 19 Jan 2021 23:15:37 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 /wp-content/uploads/sites/1301678/2020/11/cropped-tjc-site-icon-32x32.png Personal Injury | TJC.ESQ https://www.tjcesq.com 32 32 What can we do about the distracted driving problem in the U.S.? https://www.tjcesq.com/blog/2020/11/what-can-we-do-about-the-distracted-driving-problem-in-the-u-s/ https://www.tjcesq.com/blog/2020/11/what-can-we-do-about-the-distracted-driving-problem-in-the-u-s/#respond Sat, 28 Nov 2020 10:26:31 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/what-can-we-do-about-the-distracted-driving-problem-in-the-u-s/ We all know that texting and driving is dangerous, but this does not stop some drivers in Connecticut from doing so on a regular basis. However, texting and driving is not the only way motorists can be distracted while behind the wheel. Talking on a cellphone, grooming, manipulating the controls on the radio or a GPS system, eating and even chatting with passengers are all behaviors that can lead to distracted driving accidents.

How big is the distracted driving problem in the U.S.?

It is important not to underestimate just how big the distracted driving problem is in the U.S. According to the National Highway Traffic Safety Administration, from 2012 to 2018, around 23,000 people lost their lives in crashes involving a distracted driver. In 2018 alone, 2,841 people died in collisions involving a distracted driver. That is too many lives lost due to actions that are entirely preventable if drivers are upholding their duty of care.

How can we prevent texting and driving?

Motorists have options when it comes to safe driving. For example, if they have to use a cellphone to make a call or send or receive a text message, they should pull over to the side of the road, into a parking lot or another safe place, and put their car in park before taking that phone call or addressing that text messages.

Another option is to place a passenger in the position of “designated texter,” who will handle any text messages the driver receives while behind the wheel. If a motorist has no passengers, and simply cannot ignore the ringing of their cellphone or the ding of a text message, they can keep their cellphone in an inaccessible location while driving such as the trunk of their car.

Distracted driving breaches a motorist’s duty of care

All motorists in Connecticut have the duty to drive safely. If this duty is breached due to distracted driving, including texting and driving, and this breach causes a car crash, the crash victims may be able to pursue compensation against the responsible driver. Those who have been injured in a car accident caused by a distracted driver will want to take the steps necessary to better understand their legal rights and options.

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How personal injury damages can help victims https://www.tjcesq.com/blog/2020/11/how-personal-injury-damages-can-help-victims/ https://www.tjcesq.com/blog/2020/11/how-personal-injury-damages-can-help-victims/#respond Wed, 11 Nov 2020 10:26:21 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/how-personal-injury-damages-can-help-victims/ Personal injury damages can cover a wide range of harm victims of car accidents and their families may suffer. It is particularly helpful for car accident victims to be familiar with the different types of personal injury damages and how they can help them through a personal injury claim.

Medical damages

Medical damages can be used to help injured victims with the medical bills they receive because of the medical care and treatment they need for their injuries suffered in a car accident. Medical expenses can be extensive and can include costs associated with doctor’s visits, time in the hospital and medications and medical equipment all of which personal injury damages may be able to help with. Damages for future medical care costs may also be available if needed.

Lost wages damages

Lost wages damages can be used to help injured victims with their lost earnings because of their time away from work while they injured. Based on the circumstances, injured victims may also be able to recover damages for lost-earning capacity if their injuries suffered in a car accident will prevent them from returning to work.

Pain and suffering damages

Pain and suffering damages can be used to help injured victims with the emotional trauma associated with a personal injury accident. The emotional toll of the injuries the victim has suffered, and their time away from work as a result, can prove stressful and personal injury damages, including pain and suffering damages, may be able to help.

Personal injury damages may be recovered through a personal injury claim for damages that can help injured victims with their physical, financial and emotional damages. For that reason, injured car accident victims should be familiar with personal injury legal resources and how they can help them.

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3 Methods of determining fault in a car accident https://www.tjcesq.com/blog/2020/10/3-methods-of-determining-fault-in-a-car-accident/ https://www.tjcesq.com/blog/2020/10/3-methods-of-determining-fault-in-a-car-accident/#respond Mon, 26 Oct 2020 00:36:10 +0000 https://3160962.findlaw3.flsitebuilder.com/?p=47622 When it comes to car accidents, most people consider themselves lucky to emerge from the collision unharmed. However, even if you’re fortunate enough only to have to worry about property damage in the aftermath of a crash, you and the other party must face the difficult task of determining fault.

Things can quickly turn ugly when drivers start pointing the finger of blame, and disagreements can escalate to lawsuits over what transpired. According to Forbes, here are three different ways of determining fault after a car accident and what you should do in each scenario:

1. The drivers involved decide who is at fault

In some cases, drivers may agree about who is responsible at the scene of the accident. However, the event’s initial shock can cause drivers to start accusing one another of fault or even point the finger at themselves. While you can determine who is at fault at the scene, be sure to still exchange contact, vehicle and insurance information with the other driver and take photos to avoid problems later on if someone changes their story.

2. The police report determines who is at fault

You may not think you need to involve the police if no one is hurt after an accident, but a police report can be a valuable tool for determining fault. A police report lays out the details of the accident, the damage, and the vehicles’ positioning at the scene. It can also provide a record of any of the factors that played a role in your accident, such as whether the other driver intoxicated or driving distracted. A police report will also be necessary if you file a claim with your insurance.

3. The insurance company decides who is at fault

In many cases, each driver’s insurers will determine who was to blame for the accident – especially if the drivers disagree. However, this doesn’t necessarily mean you’ll agree with the outcome or receive the compensation you deserve for your damages. In some cases, both you and the other driver may be at varying levels of fault, known as comparative negligence. For example, if the other driver ran a stop sign, but you were using your cellphone at the time of the crash, you may be partially at fault.

Proving who is to blame for a car accident is no easy feat, especially when emotions are running high. No matter how you decide to proceed, be sure to document evidence and get everyone’s contact information at the scene to protect yourself down the road.

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How truckers can fight off their fatigue https://www.tjcesq.com/blog/2020/08/how-truckers-can-fight-off-their-fatigue/ https://www.tjcesq.com/blog/2020/08/how-truckers-can-fight-off-their-fatigue/#respond Thu, 20 Aug 2020 09:27:07 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/how-truckers-can-fight-off-their-fatigue/ Drivers in Connecticut may feel tired behind the wheel now and then, but things can be even worse for truck drivers. With them, it can be a constant battle against sheer physical and mental exhaustion. Still, truckers need to be responsible and do what they can to avoid these problems.

Starting with sleep and a good diet

The only lasting solution to drowsiness is adequate sleep: between six and eight hours a night, experts say. If they cannot get all of this in one go, truckers could pull over at intervals of their choosing for short naps.

A good diet increases alertness, too. The National Institutes of Health says that rather than eating hamburgers, truckers could consider a tuna sandwich. Rather than donuts, they could have English muffins.

Less alcohol and caffeine and more water

Truckers can avoid a lot of health problems if they minimize their intake of caffeine. According to the FDA, caffeine raises adrenaline levels, which can lead to lightheadedness, headaches and anxiety. Truckers should not drink alcohol much, either, but opt for more water.

A good seat suspension system

Truckers can become drowsy through the constant jarring they experience in the truck cab. Taking their environment into account is the last crucial step in preventing drowsiness. One possible measure that drivers could take is to install a reliable seat suspension system.

Personal attention for a truck crash case

Drowsy truck drivers are being negligent, and so when they cause truck collisions as a result of their drowsiness, their employer may wind up facing a personal injury claim. If they are owner-operators, then their insurance company may face it. As for you, you were injured and are wondering if you can seek compensation. You may have a lawyer assess the case according to this state’s modified comparative negligence rule.

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What Are The Most Dangerous Holidays? https://www.tjcesq.com/blog/2020/08/what-are-the-most-dangerous-holidays/ https://www.tjcesq.com/blog/2020/08/what-are-the-most-dangerous-holidays/#respond Mon, 03 Aug 2020 09:27:25 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/what-are-the-most-dangerous-holidays/ Getting a few days off of work, spending time with family and taking a nice vacation are all reasons to celebrate during national holidays. However, sometimes these holidays can cause more dangerous conditions, especially on the roads.

Many people go out of town to visit relatives or get away from their normal life during holidays which means more cars on the roads and a higher risk of accidents. So which holidays generally see the most accidents and how can people stay safe during a time for celebration?

Which Holidays See The Most Accidents?

According to statistics from the National Highway Traffic Safety Administration, some holidays are riskier than others for road travel. The holidays with the most fatal accidents are:

  • Memorial Day – 312 fatal accidents per year
  • Labor Day – 308 fatal accidents per year
  • The Fourth of July – 307 fatal accidents per year

These top-four accident weekends indicate that the summer holidays are more dangerous than the average weekend and other holidays throughout the year.

How To Stay Safe On The Roads

Proper road safety can help you and your loved ones avoid these serious accidents the next time you hit the highway for the holiday. Follow these tips:

  • Never drive while intoxicated or tired
  • Avoid distractions while driving
  • Take your time, don’t rush
  • Be prepared (i.e. map out your route beforehand, make sure you have safety equipment packed)

Make sure your upcoming holiday weekend is a happy one by staying safe to and from your destination.

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Examining the impact of automobile safety technology https://www.tjcesq.com/blog/2020/07/examining-the-impact-of-automobile-safety-technology/ https://www.tjcesq.com/blog/2020/07/examining-the-impact-of-automobile-safety-technology/#respond Mon, 27 Jul 2020 09:27:34 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/examining-the-impact-of-automobile-safety-technology/ Many car accidents in Connecticut come from driver blind spots. Therefore, most motorists would not be surprised to learn that cars with blind-spot monitoring have 14% fewer accidents. Backup cameras and blind-spot monitoring are just a couple of examples of Advanced Driver-Assistance Systems (ADAS).

ADAS technology has generated a significant amount of money in the global market. In fact, researchers expect a 12% annual growth rate for semi-autonomous driving systems over the next decade. As ADAS shows up in more vehicles, the occurrence of car accidents is likely to decrease as well. Currently, research shows that cars equipped with ADAS have a 27% reduction in personal injury and a 19% reduction in property damage.

The downside of ADAS is that they do not always function as expected. Since these systems sometimes react when there is no actual danger, some drivers can find the technology frustrating or even dangerous. This may be why drivers with forward-collision warning and automated emergency braking turn off these systems 11% and 17% of the time, respectively.

Unfortunately, these systems have not had the impact on car insurance that analysts anticipated. It was believed that ADAS would decrease the cost of insurance given that they decrease the likelihood of accidents. However, the reality is that this technology can make car insurance more expensive given that cars equipped with ADAS are more expensive to repair. Moreover, cars with ADAS still face accident risks. Individuals who have been hurt in an accident involving another driver, whether or not the driver has ADAS, may want to consult with a personal injury attorney.

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3 ways truck drivers can avoid collision https://www.tjcesq.com/blog/2020/07/3-ways-truck-drivers-can-avoid-collision/ https://www.tjcesq.com/blog/2020/07/3-ways-truck-drivers-can-avoid-collision/#respond Fri, 24 Jul 2020 09:27:46 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/3-ways-truck-drivers-can-avoid-collision/ Accidents happen on the road all the time — some minor and some major. But when a semi-truck comes barreling down the freeway and collides with another vehicle, minor wouldn’t be an appropriate word to describe the impact and injuries that may result.

There are many reasons a truck driver may get in crash. Instead of worrying about what might happen in the worst-case scenario, it’s important to be a cautious driver. Specifically, you can try and put extra planning into each trip you take and make sure that you and your vehicle are ready to handle anything that comes your way on the road.

Fatigue management

You can gain a sense of control and reduce the chance of an accident by making consistent sleep a priority. When you are running on a demanding schedule with long hours and overnight shifts, it may be difficult to maintain a regular sleep schedule. But adjusting your routine by investing in a better mattress, limiting your caffeine or addressing potential sleep apnea can help you be alert from the start of your shift to the end.

Regular maintenance

Brake failure is a major source of truck crashes. Maybe you aren’t involved in your trucking company’s inspection process. But you can be ahead of a mechanical failure by being in-tune with your own vehicle. For instance, if you notice something seems off you can run through some basic inspection, like checking oil or tire pressure levels at your next pit stop. And if your brakes aren’t working properly, your best bet will be pulling over as safely and as immediately as possible. Making your next delivery on-time is a legitimate priority, but if you feel like your safety is at risk, then you shouldn’t proceed.

Route review

Both professional and nonprofessional drivers can become distracted by giving too much attention to their GPS device. So, whether you are travelling a route you always take or going on a highway you’ve never been on, it’s worth reviewing your route before getting behind the wheel. This is because there could be a new detour or even a surge of traffic that can be useful to be aware of before facing it head-on.

When you can’t control external factors, like the conditions of the road or reckless moves of other drivers, you can still protect yourself through choices you make during each trip.

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Understanding brain injury lawsuits https://www.tjcesq.com/blog/2020/07/understanding-brain-injury-lawsuits/ https://www.tjcesq.com/blog/2020/07/understanding-brain-injury-lawsuits/#respond Mon, 20 Jul 2020 09:27:54 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/understanding-brain-injury-lawsuits/ In Connecticut and across the U.S., many individuals are becoming increasingly aware of how dangerous a brain injury can be. A brain injury can be caused by a number of incidents and results in either temporary or permanent problems within the brain which could even result in death.

There are two types of brain injuries – traumatic and acquired. Traumatic brain injuries (TBI’s) are typically caused by impact injuries such as contusions, concussions, and penetrative injuries that occur whenever an object pierces the skull. On the other hand, acquired brain injuries are the result of oxygen deprivation.

Since brain injuries are so varied, the impacts one might have on an individual’s life are equally varied. Some brain injuries can lead to cognitive deficiencies, while others can have an influence on the emotional functions of the brain. In some instances, brain injuries can impede physical abilities which could negatively affect a victim’s quality of life and mobility.

Serious brain injuries often require continuing, long-term care and recovery. The required physical, psychological, and cognitive care that’s often necessary may be beyond a victim’s financial means. Individuals who have suffered brain injuries may be able to file a claim to recover lost wages, medical bills, and pain and suffering. Incidents like car accidents, slips and falls, intentional bodily harm, and other impacts often fall under the personal injury umbrella.

A victim of a traumatic brain injury should consider filing a claim immediately following an accident. However, a claim may not necessarily be disqualified for accidents that have occurred months or even years ago. An experienced personal injury attorney may be able to help an individual who’s suffering a brain injury navigate through the process of filing a claim to recover financially.

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The need for uninsured motorist coverage https://www.tjcesq.com/blog/2020/07/the-need-for-uninsured-motorist-coverage/ https://www.tjcesq.com/blog/2020/07/the-need-for-uninsured-motorist-coverage/#respond Thu, 09 Jul 2020 09:28:30 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/the-need-for-uninsured-motorist-coverage/ In a Connecticut motor vehicle accident, one never quite knows whether the other motorist has car insurance and how much they have. It is vital that everyone has uninsured motorist coverage so that they do not end up on the hook when the other driver has not followed the law.

In a car accident, it is the at-fault driver whose insurance is required to pick up the tab for the injuries and property damage. However, some drivers break the law and do not carry insurance. Similarly, some motorists may have cut-rate auto insurance to save money, which is not enough to pay for the other driver’s injuries.

In Connecticut, uninsured and underinsured injury coverage is already in the policy. The only way that a driver in the state could not carry this coverage is if they specifically reject it. Outside of that, the driver is covered up to their policy limits if they have an accident with an uninsured or underinsured driver. There may be a deductible for these accidents, but this coverage prevents a driver from being uncovered. Even though Connecticut requires auto insurance, 13% of drivers in the United States drive without auto insurance, placing all drivers on the road at risk.

Those who have been injured in an accident will need to file a claim with the appropriate insurance company. It is not always easy to deal with insurers as their interests are not aligned with their customers. An accident victim should contact a personal injury lawyer to learn more about the best way to handle the claim. The attorney may negotiate a settlement agreement with the insurance company on their client’s behalf.

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Road safety for teens a priority during 100 deadliest days https://www.tjcesq.com/blog/2020/07/road-safety-for-teens-a-priority-during-100-deadliest-days/ https://www.tjcesq.com/blog/2020/07/road-safety-for-teens-a-priority-during-100-deadliest-days/#respond Thu, 02 Jul 2020 09:28:48 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/12/road-safety-for-teens-a-priority-during-100-deadliest-days/ Teens are usually not the safest drivers around Connecticut, and when summer hits, things can get especially bad with them on the road. Safety experts call the period between Memorial Day and Labor Day the “100 deadliest days” because the number of fatalities from teen driving crashes tends to go up then. More than 8,300 such fatalities were reported between 2008 and 2018, which comes to over seven deaths for each day of summer.

AAA found out how teens tend to be unsafe on the road. In a Traffic Safety Culture Index, for example, 72% of respondents from the ages of 16 to 18 said they acted unsafe behind the wheel in the 30 days prior to the survey. Forty-seven percent admitted to speeding in a residential area, 40% to speeding on a highway and 35% to texting. Other forms of negligence included running red lights (32%) and aggressive driving (31%).

Before the 100 deadliest days, teens must be taught about the dangers they face. Parents should talk to their teens about this and even set up a parent-teen driving agreement that lays down rules for safety. Parents could also be in the same vehicle with their teen as he or she drives and then provide coaching where necessary. AAA advises at least 50 hours of practice driving sessions.

When auto accidents occur because a teen or adult drove while drowsy, distracted, drunk or negligent in some other way, those who were harmed and who are found to be 51% or less at fault may be eligible for compensation in this state. It can sometimes pay to have a lawyer assess the case, though. Victims may even want to hire the lawyer for assistance with each step of the claims process, including the settlement negotiations.

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