More and more pedestrians are involved in auto-related collisions every year. The injuries that are received from these types of accidents are usually serious and in many cases even fatal. While pedestrians are naturally careful in following all the traffic safety rules, unfortunately there still remains a number of cases where collisions happen because of the reckless nature of the driver involved.

Protecting yourself from the dangers of reckless drivers is important, and remaining proactive is the best way to ensure that you or a loved one wouldn’t have to deal with an auto-related pedestrian injury. Remember to always

• Use the sidewalk

• Only cross at designated crosswalks

• Look before crossing, even if you have the right of way

• Walk facing oncoming traffic

• Wear clothes that are visible, especially if walking at night

• Cross the street without distractions like your iPod or cell phone

Unfortunately, the number of auto accidents where pedestrians have been injured or killed due to factors such as speed, impairment due to a controlled substance, and blatant disregard for the laws continue to increase.

Often municipalities do not take proactive measures in ensuring that their roadways are designed with both safety and effective traffic flow in mind. So if you have noticed a particular area or intersection in your city that is becoming more hazardous to pedestrians, there are a number of steps you can take to protect yourself, your loved ones and your community as a whole. You can petition your local government, make calls to your local representatives in Congress, or get the advice of a legal professional on how to make those in power take notice of your community’s situation.

If you have suffered an injury or a loved one has been killed as a result of an auto-related collision as a pedestrian in California, then you need to consult with a California Personal Injury Wrongful Death Law Firm.

Pedestrian Safety is a post from: Dolan Law Offices, P.C.

What’s the worst thing that can happen to you in a car crash that’s not your fault? Beyond suffering injuries and damages, it could be trying to get financial compensation from an uninsured or underinsured driver.

As many as 14 per cent of all drivers in America are believed to be uninsured, despite the fact that states across America have laws requiring car insurance.  In Illinois, an estimated 13 per cent of drivers are uninsured, according to a study by the Insurance Research Council. By contrast, 4.1 million Texas  drivers – or 22 per cent – don’t have auto insurance.

Insured drivers face a great injustice when they’re struck by uninsured motorists. With no insurance company to petition, the injured person may have a difficult time pressing a financial claim against a deadbeat driver, who generally lacks the financial resources to pay. An insured victim also may have trouble collecting from his or her own insurer, since insurance companies are loathe to pay for the mistakes of drivers they don’t cover.

But insured drivers do have an alternative: They can buy UM and UIM coverage, or uninsured motorist and underinsured motorist protection. Paying extra for such coverage can cost about 30 per cent of a liability policy, but it can offer huge dividends if the insured driver is injured by another driver lacking insurance.

Then, UM/UIM coverage can pay for medical bills, lost present and future wages, and pain and suffering. Without such coverage, the injury victim may be victimized in another way: financially.

Laws governing car insurance vary from state to state. Illinois law mandates that drivers should not operate a vehicle without minimum liability insurance of $20,000 per person and $40,000 per collision. (Of course, this small amount, in a major accident, defines what’s considered an “underinsured” motorist.)

But state laws have gotten tougher. A revision of Illinois laws in 2007 provided that persons found guilty of driving with no auto insurance face an automatic three-month suspension of their driver’s license. They also can be fined between $600 and $1,100, including a $100 license reinstatement fee.

Texas laws lack such teeth beyond a driving citation or traffic ticket. In recent years, some motorists have been ticketed multiple times for driving without insurance, yet have continued to operate their vehicles illegally. Two Houston-area cities, Richmond and Pasadena, have fixed that glitch by passing laws requiring uninsured drivers’ vehicles to be impounded until insurance is secured.

While Illinois law requires insurance companies to provide an option for UM/UIM coverage, it does not require motorists to purchase it. Even so, most Illinois car insurance policies are believed to include coverage against uninsured and underinsured motorists.

The great difficulty of gaining compensation from uninsured drivers makes it clear that such coverage is warranted. Only then can an innocent victim have a solid chance of gaining economic recovery for injuries and damages caused by negligent drivers who lack sufficient insurance. Longtime Texas personal injury law firm Jim S. Adler & Associates strongly urges drivers to get UM/UIM coverage.

Bruce Westbrook
Internet Writer/Editor
Jim S. Adler & Associates
Houston, TX

Uninsured, underinsured motorist coverage needed by drivers in Illinois and throughout America is a post from: Dolan Law Offices, P.C.

The Canton proclamation claims that there are 299 people living with traumatic brain injuries in the city of Canton alone and a total of 753 traumatic brain injury victims in Fulton County.  Fulton County residents may benefit from attending the Fulton County Traumatic Brain Injury Support Group which meets monthly in Canton.

Nationwide the statistics are significant.  Approximately 80,000 people suffer a brain injury each year that leaves them with a long term disability and another 50,000 people die from their brain injuries annually.

Approximately 2 percent of the U.S. population is living with the long term effects of a traumatic brain injury.

Traumatic brain injuries often occur in accidents.  If you have sustained a traumatic brain injury, or a loved one has died from a traumatic brain injury, then you may be entitled to damages.  Please contact an Illinois traumatic brain injury lawyer for more information about your rights and potential recovery.

Canton, IL Declares March 2010 to be Brain Injury Awareness Month is a post from: Dolan Law Offices, P.C.

When you consider all the different types of law that exist, maritime law probably doesn’t pop up in the top tier. However, maritime law protects the rights of many people, from seamen to recreational boaters. There are many categories of maritime law, including The Jones Act and Admiralty Law.

The Jones Act

The Jones Act was established as the Merchant Marine Act of 1920. It is designed to protect the rights of sailors working at sea. In other words, seamen injured on the job at sea are entitled to “maintenance and cure” (i.e., medical care as well as financial compensation). The Act also gives seamen and crew the right to sue for damages if their injuries, or death, were a result of negligence of an employer or ship owner or if the vessel was not seaworthy.

Admiralty Law

Admiralty law is often referred to as maritime law and covers a host of maritime issues, including shipping, commerce, and transportation. Maritime claims can involve collisions, damaged goods, hazardous spills, as well as injuries. For example, cruise ships fall under maritime law, so if a passenger is injured while on board a cruise ship, that passenger may have cause to file a claim.

The flag flown by the ship determines which body of law will apply. A U.S. cruise ship flying a U.S. flag would thus fall under U.S. admiralty law.

Maritime law is quite vast and extremely complex. If you or someone you know feel you may have a valid maritime claim, it is highly advisable to seek the legal advice of experienced maritime attorneys.

Paulson Coletti Trial Attorneys PC is a Portland, Oregon-based firm representing individuals and families in Oregon and Washington. Besides Oregon maritime law, the firm specializes in personal injury, birth injury, traumatic brain injury, wrongful death, or other serious or catastrophic injuries.

The Complexities of Maritime Law is a post from: Dolan Law Offices, P.C.

Nissan’s Brake Problems

Nissan issued its brake pad recall because of a concern that a pin may become loose in the brakes and reduce the efficacy of the brakes.  Customers with loose brake pedals should call their local Nissan dealer for an appointment to fix this potentially dangerous problem.

Nissan’s Gas Gauge Problems

The other part of Nissan’s recent recall related to the gas gauge on some of its vehicles which may read that there is gas left in the tank when, in fact, the tank is empty.  This is also an important safety concern since it can be dangerous to run out of gas in the middle of a busy roadway or far away from a gas station.  Nissan drivers are being encouraged to keep at least one half a tank of gas in their cars until the problem can be fixed.

What to Do if Your Vehicle has Been Recalled

If you are driving a Nissan that is subject to recall then it is important to contact your local dealer for more information about the safety of your vehicle and how to fix the problem.  If you, or a loved one, have been hurt because of a defective Nissan then please contact an Illinois defective product attorney for help.

Nissan Recalls More than 500,000 Vehicles is a post from: Dolan Law Offices, P.C.

17 elementary school students were injured in the accident.  No life threatening injuries were reported.

Significant damage was reported to both the bus and the truck involved in this intersection accident.  While the initial reports indicate that the bus driver was at fault for failing to stop at a traffic light, it is important for all school transportation companies and individual motorists to remember that truck accidents not only happen on Illinois highways but also on local roads.

Trucks must use local roads to deliver their goods.  Often, the sizes of the trucks make it hard for truck drivers to react as quickly as cars when a driver runs a red light or something unexpected happens on the road.  Therefore, it is important to be vigilant when you see a truck approaching on a local road.

If you, or your child have been hurt in an Illinois truck accident or an Illinois school bus accident then you may be entitled to damages.  Your Illinois trucking accident lawyer can provide you with more information about your rights and potential recovery.



Illinois Truck and School Bus Collide Injuring 17 Children is a post from: Dolan Law Offices, P.C.

The question often comes up in a divorce as to what portion of any injury proceeds received during a marriage are the separate property of the injury spouse. Texas Case law gives guidance on what is and what is not separate property.

The general rule is that injury monies recovered for past, current and future pain and suffering are the separate property (and thus not divisible by the trial Court) of the injured spouse while monies paid for lost earnings, lost income, medical expenses paid by the community, and other expenses associated with the injury to the community estate are going to generally be characterized as community property money. Here are some tips to guide you:

Juries decide and apportion damages, so should settlement agreements: it makes a significant difference exactly what the injured person is being compensated for and therefore it’s important to properly identify what portion of the settlement/judgment is being used to compensate.

Community Estate is entitled to recover damages: damages that belong to the community estate include lost wages of the injured spouse, damages for medical expenses, and other expenses associated with the injury to the community estate.

Loss of Consortium: it’s possible the non-injured spouse may have a cause of action against a third party for injuries to the other spouse. This was the case in Osborn v. Osburn, 961 S.W.2d 408. Wife filed a lawsuit against a medical provider for loss of consortium after her husband was injured by the medical provider. The portion of the monies used to compensate her for her loss of consortium ended being her separate property because the injury was against her. The community wasn’t injured in any way.

It’s reversible error for a Trial Court to mischaracterize separate property as community property: the divorce Court is required to properly characterize damages by the personal injury lawsuit.

I hope this provides some clarification for individuals faced with this unique situation.

This post is by the Law Office of Michael Granata, P.C., a Dallas Divorce and Custody Law Firm.

Personal Injury Damages are Part of Your Separate Property is a post from: Dolan Law Offices, P.C.

The following are the top 14 ways would-be personal injury plaintiffs can weaken their personal injury case.

1. FAILING TO NOTIFY THE POLICE AFTER THE ACCIDENT & DOCUMENT YOUR OBSERVATIONS AT THE SCENE

2. FAILING TO TIMELY OBTAIN MEDICAL TREATMENT

3. HIDING INJURIES FROM YOUR DOCTOR AND FAILING TO COOPERATE WITH YOUR DOCTOR

4. BELIEVING THE INSURANCE COMPANY IS NICE AND CARES ABOUT YOUR INJURIES

5. GIVING A STATEMENT TO THE INSURANCE COMPANY BEFORE CALLING A LAWYER OR ATTORNEY

6. SIGNING INSURANCE COMPANY DOCUMENTS BEFORE CALLING A LAWYER OR ATTORNEY

7. ALLOWING THE INSURANCE COMPANY TO GET YOUR MEDICAL RECORDS BEFORE CALLING A LAWYER OR ATTORNEY

8. EXAGERRATING YOUR INJURIES OR INABILITY TO WORK

9. FORGETTING TO SUBMIT OUTSTANDING MEDICAL BILLS TO YOUR HEALTH INSURANCE COMPANY

10. FORGETTING TO SUBMIT MEDICAL BILLS TO YOUR OWN AUTO INSURANCE COMPANY

11. HIDING PRIOR INJURIES OR CRIMINAL MATTERS FROM YOUR LAWYER OR ATTORNEY

12. WAITING TOO LONG TO HIRE A LAWYER OR ATTORNEY

13. BELIEVING YOU CAN HANDLE THEIR CLAIM ON YOUR OWN WITHOUT A LAWYER OR ATTORNEY

14. FAILING TO DOCUMENT NON-VISIBLE INJURIES SUCH AS PAIN/STRESS AND TAKING PICTURES OF VISIBLE INJURIES SUCH AS SCARS AND BRUISING

Kipness Law Firm, P.C. is a firm of personal injury lawyers. We are committed to fighting for full and fair compensation for personal injury victims.

The Top 14 Ways to Ruin your Personal Injury Case is a post from: Dolan Law Offices, P.C.

After a car accident, the first ten minutes could be the most important. Here is a list of things you should do within the first ten minutes after being involved in a car accident:

1. Stop and notify the police of the car accident. If you leave the scene of an accident that involves injuries without providing your information your license may be revoked. In Florida, they may not come out to the accident scene if there are no injuries, but it is important to still call them.

2. Contrary to popular belief, if you are in a car accident and you are blocking traffic, you must move your car. If you can’t move it yourself, you are required to get help or call a tow truck. Your car should never block traffic in any situation.

3. Take out your cell phone and start taking pictures. Take pictures of your vehicle’s property. Take photos of your injuries (seat belt scrapes or bruising), any changes inside your vehicle (rear view mirror knocked down, seat back mechanism collapsing). Take pictures of the at-fault driver, their passengers and any witnesses on the scene. Take a picture of the at-fault driver’s license plate and driver’s license and insurance card.

4. Exchange name, address, insurance information and vehicle registration information with the other driver. Ask that they do the same.

5. Get the name and address and contact phone number of any witness to the accident. You would be amazed how many times the police do not write down the witnesses’ information on the accident report.

6. Call your doctor to arrange a visit. In Florida, your automobile insurance is responsible to pay for medical treatment (at 80%) stemming from a car accident. Get checked out early so your pain is documented.

7. Call your insurance company and report that you were involved in a car accident. However, do not give a recorded statement to any insurance company without first consulting with an attorney.

8. Talk to an attorney experienced in car accidents and personal injury law. Don’t sign any paperwork until you have a free consultation with a Personal Injury Attorney.

A car accident can impact that day, that year, or your entire life. You need someone on your side looking out for your best interest. Insurance companies have attorneys, so should you!

Personal Injury Attorney Matthew Noyes’ law firm-Perenich, Caulfield, Avril & Noyes-has been caring for clients involved in car accident, motorcycle accidents, and other personal injury claims in Tampa Bay, Florida since 1955.

The Most Important Ten Minutes After a Car Accident is a post from: Dolan Law Offices, P.C.

Dolan represents 7-year-old boy injured in escalator accident at Midway Airport is a post from: Dolan Law Offices, P.C.