Motorcycle Accident Compensation FAQs

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Q: I was riding my motorcycle and a car turned left right in front of me and we ended up in a traffic accident? Whose fault is it?

A: When a car makes a left turn it nearly always is liable for any collision that involves another vehicle coming from straight ahead in the other direction. This near-automatic rule does have some exceptions that may apply if the vehicle that was going straight ran a red light or going way over the speed limit.

Q: When determining liability for a traffic accident what does the term “comparative negligence” mean?

A: According to www.motorcycleaccidentcaselaw.com, comparative negligence involves apportioning fault among all of the drivers who were involved in the accident. This is based on whatever degree of carelessness that they contributed to the traffic accident. When a motorcycle is involved, one common comparative negligence example may be when a motorcycle’s tail light, brake light or headlamp is out, particularly if the accident occurred at night.

 

Image result for lawyer for motorcycle accidentQ: Will my motorcycle accident record be limited by my paid sick leave from my work or my health insurance coverage?

A: If you become injured as a result of a motorcycle accident, it isn’t relevant whether your health insurance covered your medical are or you paid for it out of pocket. It also isn’t relevant whether vacation pay or sick leave paid for your lost time from work. However, keep in mind that your health insurance company might be required you reimburse them, out of your award or settlement, for all or some of the amounts that it paid for treating your injuries.

Q: If I am involved in a motorcycle accident what should I do?

A: If you cannot meet with a lawyer for motorcycle accident immediately, it is very important to not sign anything (i.e. insurance forms) or admit any fault to keep your rights preserved. If it is possible, take photos of damage to your motorcycles or any injuries. Keep copies of all your medical bills and records and also keep records of your related expenses as well.

Q: Do I need to wear a helmet if I just ride my motorcycle for recreation, usually just on the weekends?

A: Depending on the area that you live in, the law might require you to wear a helmet whenever you are riding a motorcycle, no matter how frequently you ride. There are many states that have enacted laws for helmet-use that must be followed by motorcycle riders along with their passengers. Contact the local Department of Motor Vehicles and ask if there is a helmet law in your state.

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Q: I wasn’t wearing a helmet when I was got in a motorcycle accident and was injured. Will I still be able to recover damages from another driver?

A: Even if there is a mandatory helmet law in your state, if you failed to comply with this law it probably still won’t prevent you from being able to recover for your injuries in cases where the accident was caused by someone else. Depending on the area that you live in, the issues might be relevant to how much in damages you can recover if it can be show that you failing to wear a helmet was a contributing factor to the injuries that you sustained.

Q: How will I know whether or not the motorcycle helmet that I have is acceptable under the helmet law in my state?

A: When you are out shopping for a motorcycle helmet, or you already have one, look to see if the helmet has a U.S. Department of Transportation label on it (will say “DOT”). This is the certification from the manufacturer that the helmet adheres to federal safety standards.

How Long Does It Take To Get A Wrongful Death Lawsuit Settled In Or Out Of Court?

Image result for Wrongful deathWhat is a wrongful death claim?

Whenever a death occurs in California that is caused by the misconduct or carelessness of another individual, the victim’s spouse or certain members of the family are entitled to make a wrongful death claim and seek compensation. Some wrongful death claims get settled shortly after being submitted to the responsible individual’s insurance company. However, there are other cases that take much longer to resolve, especially when it is unclear what caused the accident or how much the compensation should be.

How long does it take to resolve a wrongful death claim?

After you have hired an attorney to seek compensation for your loved one’s death, the attorney will have to conduct a very thorough investigation in order to establish who was responsible for a fatal accident. If the acts are all clear and evidence was gathered by the police at the scene of the accident, then it may be possible for the investigation to proceed fairly quickly. For example, if there were witnesses who saw a driver running a red light and there were also blood tests that established the driver was intoxicated who caused the accident, then all of the evidence needed for establishing fault for the accident might be furnished by the police report.

Image result for Wrongful deathInvestigating other cases might take longer. If the death was a result of a head-on collision that took place close to the center of the highway, then determining which of the cars crossed over the center line and then went into the other’s traffic lane might require an expert to conduct an investigation. In this type of case, your attorney might have to hire an accident reconstruction engineer in order to determine who was responsible for the accident. You might also need an expert for providing an opinion on how fast the vehicles were traveling. It can take some time for the expert’s investigation to be completed.

It may also take time to establish how much in damages members of the family are entitled to get. There are some types of damages, like burial and medical expenses, that are quite easy to calculate, then there are others that are a lot more likely to get disputed. For example, a surviving spouse who loses the benefit of the deceased spouse’s lifetime of income is entitled to be able to recover this loss. An economist might need to be hired by your lawyer (and a vocational expert in some cases) in order to calculate the income’s present value that the deceased spouse could have earned up to retirement.

A majority of wrongful death claims do end up settling out of court, and at times without a suit being filed. However, if a lawsuit must be filed, then the discovery phase, which is the process that involves gathering evidence can last for several months. Most likely the court will hold several hearings prior to the case be ready to go to trial. A long delay may be the result of a court being busy and having congested calendars before a jury finally hears the case.

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Do Insurance Companies Like Settling Quickly?

When it is clear who is responsible for an accident, like in a case where a death is caused by a drunk driver, then insurance companies really don’t have an incentive for taking a case to trial. So when they find themselves in a weak bargaining position, they may want to settle the claim promptly to get it off of their books. Knowing how long to sue for wrongful death then becomes a very important piece of info. Also, an insurance company may also want to settle a wrongful death lawsuit quickly and get rid of a case that isn’t going to result in a very large payout, like a case that involves an elderly victim who wasn’t earning income any longer and was towards the end of their life expectancy.

Compensation In Rear Impact Collisions

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A rear impact collision takes place whenever one vehicle hits another vehicle that is in front of it from behind. The impact may result in damages that range from just a minor fender bender up to both cars being completely totaled. The most common kind of auto accident is the rear-impact collision, and with the high use of cell phone as well as other types of driver distractions, it is, unfortunately, occurring more and more frequently. Rear-impact collisions make up around 28 percent of total highway accidents.

Who is at fault?

Insurance policies will usually place blame on the driver in the car rear ending another car. Whenever you are following another car, maintaining a safe distance is required by law.

When attempting to determine who is at fault in an auto accident, ask yourself the following 5 questions:

1. Were there any traffic law violations or traffic citations?

2. Was I hit or rear-ended by a vehicle that was making a left-hand turn?

3. Did the drivers make any comments after the accident occurred?

4. Were there any negligent drivers?

5. Were there any witnesses?

 

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Why am I hurt but not my car?

Automobile manufacturers only are required to design their rear bumpers on their vehicles to be able to absorb impact from an impact collision at five miles per hour. What that means is that cars are designed for protecting the car to minimize damage claims on it. Insurance companies try to use a lack of any physical damage on the bumper to not have to pay for personal injuries. From a medical standpoint, however, it isn’t necessary for the vehicle to have any visible damage in order for the occupants inside to suffer injuries. The human body, unlike a car, isn’t built for absorbing the impact of another vehicle, even when it is traveling at a low speed.

What are rear-impact injuries the most common?

Neck Whiplash

In a rear-impact collision, the most common injury that is sustained is whiplash. Approximately 20 percent of all individuals who are in a rear-end collision sustain a whiplash injury. Out of those, nearly 80 percent experience soreness and pain for more than one week. About 50 percent have soreness and pain that lasts for over one year. A 1999 study by Kleinberger et al. showed that whiplash related injuries cost the U.S. over $8.5 billion per year, with that number continuing to increase.

Back Injury

Your spine and back can be damaged as a result of the force of the impact.

Head and Face

Since airbags usually don’t deploy at speeds under 20 miles per hour, when you are involved in a rear-impact collision at slow speed it can result in you smashing your face into your steering wheel. A rear-impact collision at a higher speed that deploys the airbag may burn your scalp and facial area. Other serious head and face injuries are scrapes, bruises, and cuts.

Image result for rear-endedFinger, Hand, Wrist, Arm

In a rear-impact collision, the force can make your fingers, hands, wrists and/or arms smash into the window, dashboard and/or steering wheel.

Seat Belt

The force in rear-impact collisions cause your seat belt to bruise and/or lacerate your hip, chest and/or torso.

 

 

How much compensation may I get from the insurance company?

When it comes to them paying compensation, insurance companies will, unfortunately, use tactics in order to make a simple issue complicated. However, there are numerous factors that may affect your settlement’s value. That is why insurance settlements on low-impact rear-end collisions, where there are no serious injuries, will range in the thousands, while the amount can be much higher if there are car rental expenses, lost income, and medical expenses involved.

Personal Injury Law And Compensation

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What is personal injury law?

Personal injury law includes the defenses and legal remedies that are involved in a civil suit that is brought to court due to wrongful conduct. The word tort, in fact, is derived from the Latin word that means harm, wrong or twist. A tort action, as opposed to criminal law, doesn’t involve a wrongdoer being prosecuted by the government. Instead, in this type of case, a private plaintiff seeks compensation (usually in the form of money) for whatever harm has been caused by actions made by the defendant.

What is negligence in a personal injury case?

The basis of a majority of personal injury cases is the doctrine of negligence. Negligence basically requires each member of society to behave in a responsible manner and avoid putting other people at risk. That doesn’t mean that every time someone gets hurt there is negligence involved. The doctrine of negligence does recognize that there are some accidents that are unavoidable. In order for liability to be established, the plaintiff is required to demonstrate that a reasonably prudent individual in the same position as the defendant would have acted in a different way in the same circumstances.

 

What are some examples of negligence?

Negligence might include dog bites that happen when a vicious animal is allowed to roam free, medical complications that are the result of a doctor’s carelessness, and a car accident is caused by a drunk driver. In each of these examples, the risk that was posed to others was ignored by the responsible party, and it resulted in the plaintiff being injured.

What happens once negligence is proven in a personal injury case?

In a personal injury case, once it has been established that negligence has occurred, the defendant will be required to pay the plaintiff for all of the injuries that were caused by actions taken by the defendant. It is easy to calculate certain kinds of damages, like medical bills and property damage. For other kinds, like loss of earning ability and emotional distress, expert testimony might be required. There might also be punitive damages that are available, which are intended to deter and punish, especially egregious conduct.

How are the defendants identified in a personal injury case?

When a tort action is initiated, identifying who the proper defendants are may be difficult at times. That is due to the fact that the “tortfeasor,” who is the person who harmed the plaintiff directly – whether it was a grocery store clerk, nurse, delivery driver, or some other person – might not have sufficient financial resources for paying a large judgment. That is why an experienced injury lawyer is needed who will be able to identify and sue other parties who are also liable based on what their relationship is to the tortfeasor, as an employer or landlord.

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What are the more common defenses torts involved in personal injury law?

There are a number of different causes of action in addition to negligence that can be involved in personal injury law. Many of them fall under the intentional torts umbrella. In those situations, a defendant purposefully acts in a way that harms the plaintiff. Some examples include inflicting emotional distress, theft, trespass, false imprisonment, battery, and assault.

There are scenarios on the other side of the tort spectrum where defendants are liable even when they have done everything they could to avoid causing any harm. That is called strict liability. A defendant is held strictly liable when someone is hurt when the defendant is engaged in a very dangerous activity, even when it is a legal activity and every precaution has been taken. This category includes things like transporting hazardous materials and building demolition.

Another common tort is one involving injuries that defective products cause. In these cases, liability may be imposed based on the manufacturer acting negligently through designing an unsafe product and then selling it. Or, a plaintiff who has been injured by a defective product might be able to sue based on the strict liability theory when certain elements are met. Product liability cases, either way, can potentially be large class action lawsuits that involve numerous plaintiffs and very large money judgments.

How To Tell If You Need A Workers’ Compensation Attorney

If you were injured at work and are thinking about hiring a workers compensation attorney, then it is very important that you understand what costs are involved. Like a majority of personal injury cases, workers’ compensation cases are usually managed on a contingency fee basis. What that means is that if your case is won, then your attorney will receive a certain percentage of the workers’ compensation settlement or benefits that you received. You do not pay anything if you lose your case.

How are legal disputes in workers’ compensation cases settled?

Contingency fee arrangements eliminate the necessity for any large up-front payments, which allow even injured workers who have limited financial resources the opportunity to receive professional legal representation. In addition, this type of arrangement provides attorneys with a strong incentive for obtaining the highest possible benefits for the clients they represent.

State law tightly regulates attorneys’ fees for workers’ compensation cases. Each state institutes some kind of cap on how much an attorney is allowed to charge, frequently it is 15-20% of total benefits awarded. Also, before an attorney can collect legal fees, usually they must first be approved by either an appeals board or workers’ compensation judge.

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What Are The State Rules Regarding Workers’ Compensation Attorney’s Fees?

The regulations and laws on attorney’s fees vary from one state to the next. However, a majority of them account for how complex the case is and how much the benefits are when they determine the amount that an attorney is allowed to charge. Generally speaking, a case settled before an administrative hearing is held will warrant receiving a lower percentage fee compared to one that requires a circuit court trial or a hearing.

The workers’ compensation judge in California authorizes a 15%, 12% or 10% fee, according to how complex the case is. An attorney in Minnesota can charge a 25% fee on the initial $4,000 that is won from a workers’ compensation insurance company, and then 20% on the following $60,000. The total cap is $13,000 for each injury. The panel of judges or judge for your case in New York determines the amount of the fee. Usually, it ranges from 10% up to 20%. In Missouri, workers’ compensation attorneys may charge up to 25% on the settlement or weekly benefits.

Many states prohibit attorneys from charging fees to obtain routine benefits, like lost wages or medical bills, that is not being disputed by an insurer or employer. No matter what state you live in, the workers’ compensation board or judge will need to approve the attorney’s fee before your lawyer is paid. In situations where an insurer or employer has acted egregiously or caused there to be an unnecessary delay, then an attorney can request that your opponent pays an additional penalty amount for covering your attorney’s fees. Although it is rare for an employer or insurance company to pay penalty amounts, they usually aren’t subject to the state law’s percentage caps.


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Are Attorney’s Fees Negotiable?

It is always worth trying to negotiate legal fees, however, your chances of succeeding are going to largely depend on how strong your case is. Remember that state laws usually prescribe the maximum amount that your attorney can charge. You can always ask an attorney to manage your case for a lesser amount than the maximum that is allowed by state law. You should negotiate before signing a fee agreement and representation agreement.

During the initial consultation, you should be provided with a clear explanation of all of the fees you are going to be charged by your attorney.

How Does the Fair Credit Reporting Act Work for Me?

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The Fair Credit Reporting Act or FCRA is a federal act governing how credit reporting agencies (CRAs) take care of your sensitive credit data. The act was designed and implemented years ago to protect your privacy and keep your credit information safe.

The FCRA mandates that all CRAs and any companies that report or supply your information to them keep your information accurate, fair and private. The act protects you by ensuring all credit report details are as accurate as possible. If any reported information is wrong or inaccurate they provide remedies to correct it.

What is a Credit Reporting Agency?

A credit reporting agency is an entity that collects credit details about you and maintains reports containing these details. A typical CRA is a credit bureau like Transunion, Equifax, and Experian. These are the big CRAs that most everyone’s credit information is supplied to.

These agencies may sell your credit details in the form of background checks for landlords, employers or other individuals who have to make a decision about you based on your credit.

Duties of a CRA

A CRA must, upon your request, give you all the information that is on file for you. This is called a file disclosure. Usually, it is free and you can learn how to get this in the form of a credit report by checking the Credit Report and Credit Scores section. Sometimes, you must pay a fee to get your credit report together with your score. See Credit Report and Credit Scores for more information.

The CRAs must help you when you have a disputed item on your credit report. There are some exceptions. These are detailed in the section When a CRA Does Not Need to Investigate Your Complaint.

CRAs have to delete inaccurate, unverifiable or incomplete information within 30 days after getting a notice from you disputing something. When FCRA violations occur, there are serious penalties. For more details see How to Correct Errors on Your Credit Report. They must also keep from reporting any old information that is between seven and ten years old. See How Long Can Negative Information Stay on My Credit Report.

These agencies also must limit the disclosure of your credit information to third parties. They must withhold some of your credit information to employers unless you give consent for them to share it.

 

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Obligations of Information Suppliers

Under this act, a creditor and any other information supplier cannot report information to the CRA that it knows to be inaccurate. If they do, they must immediately update and correct any inaccurate information previously given to the CRA.

If negative information is reported to a CRA, they must disclose this to you within 30 days. They also have an obligation to tell the CRA when an account is voluntarily closed with them.

Information suppliers have a duty to maintain reasonable procedures to answer to any identity theft notices by CRAs. They must stop reporting any information about an account damaged by an incident of identity theft.

When you dispute inaccurate details in writing with a creditor, that creditor cannot keep reporting this information until an investigation has been completed. It must also notify the CRA of such an investigation. Learn more about information suppliers in How to Dispute Credit Report Items with Creditors.

The FCRA also works to protect your information from insurance providers or anyone using your credit for employment. If you are turned down due to information in your credit report, they must notify you in writing as to why. They must identify the supplier or CRA that gave them said information.

Remedies for Violations

If a CRA, information supplier or any other user violates the FCRA rules, you can sue them in a state or federal court. Military personnel has added protection and remedies. Check your state’s laws for additional remedies. To get more information, visit the Federal Trade Commission’s online FCRA page.

Wrongful Termination Lawsuit Settlements

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A majority of employment in the U.S. is at will – which means an employer may fire an employee for any reason, at any time, or even for no reason whatsoever unless the termination was for an illegal reason. When an employee is terminated for an illegal reason it is referred to as wrongful termination.

How Can Employees Be Protected From At Will Termination?

There are various ways that employees may be sheltered from at will termination including written contracts or promises. At times employees receive protection from an implied promise that is based on certain things that an employer did or said. For instance, promises may have been made over the course of the hiring process for long-term employment. Some of the determining factors related to an implied promise might include violated the dismissal procedures that are stated in an employee manual.

What factors influence a court’s decision regarding implied promises?

The following factors can influence a court’s decision on implied promises:

-Assurances made of continuing employment
-Positive performance reviews
-Job promotions on a regular basis
-Duration of employment

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What if an employer is found to have acted unfairly in a wrongful termination?

If the employer is found to have acted unfairly, then it may be determined that a wrongful termination has occurred based on a breach of fair dealing and good faith. The following are some examples:

Violating certain laws can be solid grounds for a wrong termination suit. It includes firing an employee who takes time off from work to serve in the National Guard or military, to vote, or do jury service. Employees filing a complaint with the Equal Employment Opportunity Commission and whistleblowers are also protected by the law. Different states may also have additional laws.

Transferring an employee repeatedly into dangerous, remote or otherwise undesirable job assignment in order to coerce an employee into quitting without being able to collect severance pay or other types of benefits that they would otherwise be due.

-Down-playing the negative aspects of a job.

-Falsifying the reasons for why an employee was fired when the employer’s real motivation was replacing them with less expensive labor.

-Deceiving an employee about their prospects for wage increases and promotions.

-Transferring or terminating an employee so they will be unable to collect sales commission.

Are there any other illegal reasons for firing an employee?

Firing an employee based on genetic information, disability, age, religion, gender, national origin, color or race is illegal.

How can fraud be proven in a wrongful termination case?

An employee will be found guilty of wrongful termination if fraud is proven in one of the following ways:

-A false representation is made by an employer
-Employer intended to deceive
-A person in charge knew about the false representation
-Employee relied on the representation and was harmed in some way by it

 

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An employer will be held liable it can be proven that they :

-Made a false statement regarding the employee
-The statement was made with malice
-Wrote or told this statement to one other person at least
-The employee was harmed in some way by the statement being communicated
How much money is involved in a typical wrongful termination settlement?

Typically a wrongful termination settlement will be in the range of $300,000 to $500,000. However, they can go up to six figures. All wrongful termination settlements covers wages, but there are only certain circumstances where punitive damages and attorney’s fees are covered.

There was one famous wrongful termination case that involved Sandy Baratta, who formerly had been the Oracle Vice President with Global Alliance. After she convinced a jury she was terminated due to whistle-blowing and her pregnancy, Oracle was ordered by a judge to pay her $300,000 in lost wages, $200,000 in damages for her emotional distress, and $2 million for canceled stock options that were included in her compensation package.

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Easy-to-follow Steps To Find A Good Lyft Accident Lawyer!

Image result for accident injury lawyerLike every professional fees, your legal bill can add up quickly to an uncomfortably high amount. In order to save some money, you may perhaps consider hiring an accident injury lawyer who is offering reduced rates for their services. With these steps, you will find what you are looking for quickly and effectively.

Unnecessary costs will never be brought up by a good attorney. Lyft accident lawyers who aren’t in it only to get paid won’t charge for each and every question and will work hard in the background to give the most ideal representation. Thoroughly checking out prospective legal representatives can help you find one that may work hard to get you the best possible outcome. Utilize the online search engines to explore legal consultants in your state and you will discover many pages brimming with data about specific legal counselors, the sustains that accompany them, what their claims to fame are, and other significant data that will help you in picking the best legal consultant.

Lyft Legal representatives typically handle more than Lyft accident case at a time, dividing their attention among them as necessary. Enough effort should be devoted on your legal case despite the person involved in the first case. Reminding your legal representative to take the necessary time with your legal case is very important. When you are hiring them, ensure you have done enough research about their background info.

Image result for accident injuryWhile it’s good to hear from your Lyft attorney that he or she’ll fight for your legal rights to the end, ensure that you verify those words for yourself. Do your own research to verify whatever a prospective attorney tells you about his or her qualifications and capabilities. Search for additional information about the attorney and get your facts right that will enable you make the right decision. You could look up reviews and feedback on the attorney.

It is illegal for an accident injury lawyer to practice law without a license. Before you engage their services, ensure your legal consultant is licensed for work in your state of residence. Your legal consultant should have his license displayed in his office at all times. If you want to check how well they know the law, ask your legal consultant specific questions.

A great legal representative will always defer to colleagues who’re more experienced. Legal representatives who’ve provided value in the community deserve respect from other legal representatives. Studying the success of excellent Lyft accident attorneys is a good idea for those less experienced. Additionally they study past cases and attempt to learn from the successes they’ve had.