Before You Leave
Obviously, the first thing you need to look at before a road trip is your vehicle. If your vehicle is in any way unreliable or in need of repair, consider renting a car. Otherwise, take your car in for a pre-trip checkup. Have the oil and filters changed, washer fluid refilled, and brakes checked for integrity. It’s far better to have to cancel a road trip due to a needed repair than to find out you need that repair a thousand miles from home.
Tires are another item on your car that will require inspection. Check the tread on your tires, make sure that they aren’t wearing thin and in danger of getting holes. Sometimes debris can embed itself in the rubber of a tire and not cause a flat until much later down the road, make sure yours are free of such debris. Check your spare as well, ensure that it’s inflated properly and that you have all the proper tools to install it.
Finally, assemble a road kit, if you haven’t already gotten one. Find a box or bag you don’t mind leaving in the car and fill it with items you know will come in handy in an emergency. A flashlight, jumper cables, first aid kit and flares are essential items, and you might also include blankets, water and a small food supply in case you end up stranded overnight. Consider also putting a prepaid cellphone in your emergency kit. Not only could it save you from being out of contact with anyone, if your car gets stolen the police might be able to track it via the GPS chip in the phone.
On The Trip
First of all, don’t make the same mistake plenty of people make, and get plenty of sleep both before and during your trip. If you don’t have another driver to switch off with, make sure you stop and sleep if you start getting tired. More accidents are caused by drowsiness than by intoxicated drivers, for the most part.
Don’t attempt to save time by eating on the go, or doing anything else behind the wheel besides driving for that matter. While you might shave thirty minutes here and an hour there, if you end up wrecked on the side of the road because you couldn’t pull over to program your GPS, the point is effectively moot.
Take plenty of rest stops, and don’t be afraid to stop and smell the roses. Even though you might not be physically tired, it’s a good idea to give your brain a rest from the road every now and again in order to keep yourself alert. It doesn’t hurt to stretch your legs every few hundred miles either.
If you’re taking kids, make sure you bring plenty of distractions. DVD’s and video games if your car is equipped to handle them, but books, magazines and toys are also a good way to stave off boredom. Don’t be afraid to try a few road games, you might be surprised not only at how well they work for keeping kids occupied, but for helping to keep your mind on the road as well.
Have Fun!
Safety shouldn’t prevent you from having fun on a road trip. On the contrary, it should make sure that you’re willing and able to have as much fun as possible. Follow the simple tips above, get plenty of rest, and don’t be afraid to get lost, and you’ll likely have the trip you can look back on fondly for the rest of your life.
Safety should always be first when traveling by automobile. Visit the site of Nashville auto accident attorneys, Griffith and Roberts at http://www.griffithroberts.com for additional information regarding auto and car safety.
Truck drivers are instrumental in transporting merchandise cross-country from one area to another. Without them, the economy would virtually come to a stop. The high number of truckers on the road makes safety a primary issue, and the Federal Motor Carrier Safety Administration or FMCSA strives to keep them as safe as possible by implementing safety rules and regulations. All truckers need to consider road safety as a job requirement, and avoid situations that put safety in question. One of the primary reasons for semi accidents is driver fatigue.
The wages of a driver translates into deadlines and quotas, so many tend to stay behind the wheel too long without rest. Law regulates the hours of driving time and the hours of rest required for a trucker. Drivers are required to keep logbooks with back up receipts as a means of enforcement. Some truckers circumvent or falsify the records because the faster they move cargo the more money they make. However, most of them realize the importance of safety on the job. In order to overcome fatigue some drivers use prescription drugs, over the counter medications or other types of stimulants to stay awake.
Instead of avoiding the problem, drugs compound the problem decreasing safety, so laws require motor carrier companies to randomly drug test their employees. A distracted driver is dangerous to everyone on the road. Sending a text or internet surfing, watching DVDs, or attempting to operate a laptop while driving, causes many accidents. Although truckers spend many hours in their rigs, they should not become comfortable enough to entertain themselves in this manner. Vehicle maintenance is high on the list of controllable causes of accidents.
Fluids, hoses and tires need checked every time the vehicle stops to fuel. Tires need examined closely due to the time spent on the road along with the changing weather conditions a tractor-trailer can encounter during one delivery. Brakes are another controllable reason for accidents caused by mechanical failure. Trucks have to rely heavily on their braking system, especially in mountainous terrain. Slowing a truck with a full load, going down a steep incline puts extensive stress on the system. Truckers know that driving a big rig is much different than driving a car with a bigger chance of causing injury or death in an accident.
Unsafe truck driving practices should not exist. A semi cannot react as quickly as a car in any situation. It takes longer to increase and decrease speed and takes more room at intersections to make a turn. The trucks blind spot is larger than the one on a car and speeding increases the already lengthy reaction time. A load of shifting weight exaggerates the movements of a truck, so extra caution needs observed when hauling shifting cargo. Every action that puts a car at risk of an accident also puts a truck at risk with possibly tragic results.
When a large truck crashes with a passenger-sized automobile, the results are often catastrophic. Even a minor impact from a semi truck accident will result in a huge impact on a passenger vehicle. Huge impact equals serious, sometimes permanent, injuries. Maryland injury lawyers will make sure that you and your family gets the reimbursement that you deserve.
Deciding just how much is too much to ask for is an inexact science. Many factors influence the value of a case, and the greatest of these factors is also the hardest to predict: human opinion and bias. If a case goes to trial, value will ultimately be determined by six human jurors and one judge. Depending on the details of the case, this intangible element can either work for or against a defendant’s interests. This is why settlements often are the safest and most financially rewarding way to go.
In determining first whether or not to settle, and then determining the monetary amount to sue, communication between client and lawyer is essential. An experienced and competent legal team will turn over every stone in a case to maximize its values, and all details discovered should be presented to clients in a reasonable way that they can understand. With knowledge of the statistics regarding average damage amounts in similar cases, and with consideration for the specifics of the particular case at hand, an estimate for a settlement amount can be made. An efficient Maryland auto accident lawyer will arrive at a figure that is satisfactory for the client, but not unrealistic or likely to be denied.
However, while it is the legal team who does the digging and calculation, it is always up to clients whether or not they would like to pursue a settlement or take the case before a judge and jury. While only clients know the true extent of their suffering, there is data available that can give them an idea of what is a reasonable amount to pursue. For example, there was a study conducted nationwide in 2010 on personal injury and accident settlements that found out that the median jury award in those cases was around $40,000, and that defendants win 52% of the time.
While these statistics provide a general view of what a realistic amount might look like, the state by state data on personal accident and injury trials are even more helpful. In the state of Maryland, the median compensatory award pales in comparison to the national average, a paltry $12,800. However, plaintiffs win 69% of the time, a 21% advantage in success rate over the national average. Additionally, different types of cases have different statistics and tendencies. Certain states may show partiality to defendants in medical malpractice cases, while showing preference towards plaintiffs in auto accident cases. These relevant figures can play an important role in the decision-making process for plaintiffs considering settlement, and good legal teams will be aware of them.
When you are involved in any kind of car accident, there are a few steps you have to take if you want to win your accident claim. Dealing with car insurance companies (your own and those of the others involved in the accident) can be a headache, especially if you don’t have all the information you need to win your claim. Just filing an insurance claim and dealing with insurance adjusters is a Herculean task; actually winning your claim after a car accident may seem impossible.
Here are five tips to help you win your case after a car accident.
1. Take Plenty of Pictures
You have to take this step immediately after the car accident, so keep a disposable camera in your car or “accident kit” at all times. Using your smartphone isn’t a bad way to record accident data in a pinch, but having actual film in the form of a throwaway camera is even better.
Take as many pictures of the accident from as many angles as you can. Since you can always take photos of your own car later, concentrate on taking snaps of the other cars in the accident and any mitigating circumstances, such as a busted traffic light, damage to municipal property, or any other details that may help your case later. Remember, there’s no such thing as having too much photographic evidence.
2. Contact Eyewitnesses
Immediately after the accident, get names and numbers of eyewitnesses who back up your side of the accident story. People are often willing to act as eyewitnesses, especially in cases when someone has clearly committed a driving error or traffic violation—call it “bad driving karma.”
You need to contact these eyewitnesses the day after the accident and get statements from them. Have these statements notarized if possible, and stay in touch with your eyewitnesses in case your claim goes to trial. Sometimes, eyewitness testimony is as important in an accident claim as photographic evidence or evidence from the car’s black box.
3. Contact Police
Law enforcement gets involved in pretty much every car accident these days. Call the police officer handling your case and ask that officer to write you an official report describing in detail the damages and injuries caused by your accident. This report is invaluable when dealing with insurance companies and if you have to go to trial—reports by law enforcement carry special weight.
While you’re at it, determine if the police officer is willing to serve as an eyewitness should your case go to trial. This may be especially important if there are accusations of impaired driving or other outside influence such as traffic light malfunction.
4. Access The “Black Box”
Since the late 90s, most cars carry a black box, also known as an Event Data Recorder or EDR. This black box records information about a car as it is running, including the car’s speed. Information from a car’s EDR can establish what happened before, during, or after a car accident, and this information is admissible in court in most countries around the world, including all 50 US states.
You can use the EDR to put pressure on the insurance company of other drivers in the accident in an attempt to prove fault. Sometimes, the mere threat of checking a car’s EDR can convince a company to settle out of court.
5. Offer a Counter-Settlement
Insurance adjusters make their living by offering the very smallest amount of compensation they can get away with. You should never take an insurance company’s first offer—it is usually way low and intended to get you off the company’s back. To submit a proper counter-offer, put your offer in writing. Start by restating the facts of your case, including specific dates and times of events. Then use facts and eyewitness testimony to support your accident claim. Finally, demand a specific sum of money, saying it is based on specific calculations, including “future expenses.” Your counter-offer should be 5-10% over your actual costs, to give yourself room to negotiate.
The legal system is complex. Attorneys go through a very intense and difficult three year course of study where they get an overview of the law. A good criminal defense lawyer will have taken classes pertaining to courtroom behavior and etiquette. An experienced Maryland criminal defense attorney will be comfortable working in the criminal justice system and will know many of the parties involved. It is very important to have knowledgeable and qualified legal representation.
A criminal defense lawyer is important from minute one. If a person is accused of any criminal offense, the first thing they must do is ask to call their Maryland attorney. A good defense lawyer will promptly respond. If the defendant is incarcerated, the lawyer will work to quickly free him from jail.
Next, the defense attorney will make sure that his client will say or do nothing that will further complicate the situation. The rule that states “anything you say can and will be used against you,” is to be heeded. The defense lawyer will counsel his client and tell him what information to divulge. The lawyer will know which authorities should be spoken to and which facts concerning the case should be made public.
Sometimes, the practice of plea bargaining can be utilized. With this scenario, a district attorney may offer a deal so that the defendant can plead guilty to a lesser crime and therefore avoid a lengthy trial. Sometimes a plea bargain can turn a felony into a misdemeanor—a much less damaging accusation. A good defense attorney is absolutely necessary if this process is desired. Individuals should never attempt to complete a plea bargain on their own.
If all else fails, the criminal case may go to trial. Again, this is where the knowledgeable services of a defense attorney are so necessary. It may look easy on television, but the trial process can be fraught with pitfalls for the untrained and the uninitiated. Attorneys know court procedures. They know the judges and the bailiffs. They may actually have tried numerous cases before the same judge. All of this experience is critically important.
One of the best strategies to employ as a driving under the influence defense is to claim there was no reasonable suspicion to stop the driver. Stopping a driver in order to investigate is unconstitutional if there is not prior suspicion to criminal activity within the car. If an officer makes a traffic stop that was deemed unconstitutionally valid, all of the evidence that was gathered and used against the individual in the driving under the influence case must be suppressed and is no long valid. Hire a Maryland dwi attorney if you’ve been charged with driving under the influence.
Another driving under the influence defense that is often employed is to claim the field sobriety test was improperly administered. There are guidelines put in place by the National Highway Traffic Safety Administration that have to be followed in order for the results of the field test to be deemed accurate. These regulations include Horizontal Gaze Nystagmus, Walk and Turn, and the One Leg Stand. There are also guidelines the officer must follower in regards to who can and cannot take the field sobriety test. Those individuals considered 50 pounds or more overweight or 65 years of age or older are exempt from a field sobriety test. Also exempt are those with any back, hip, leg, knee, or ankle injuries or a disability that effects balance, such as a previous head injury. Someone wearing heels that are two inches or higher is also exempt with the test. Those meeting any of these requirements are not required to do the field sobriety test and can refuse the field sobriety exercises at any time. There are very few people who can perform these test perfectly, even if sober and often times the officer holds this imperfection against the driver.
Finally, there are a number inaccuracies that can occur in the breath testing device. In order for the breath testing to be valid, a procedure must be followed and the breathing device must be calibrated correctly. If the procedure used does not follow a protocol or the maintenance of the device seems to be wrong, the breath tests administered on the scene can be thrown out of the case and not used as evidence. In regard to portable breath testing devices, an individual may refuse to blow into the device as they are not scientifically reliable and therefore not allowed in a court of law. Another device often employed by law officials is an Intoxilyzer. This is a breath machine that analyzes a breath sample through infrared spectroscopy in order to determine the amount of alcohol present in the individual. Again, there are issues with accuracy and reliability with these machines and there are ways to challenge their validity in court.
Car Maintenance
It is important to keep the vehicle up-to-date on all inspections and routine maintenance. If one side of the brakes fails to work, the other side will be unable to compensate and the vehicle will not stop. Tires need to remain inflated and rotated regularly. Uneven, improperly balanced, or worn-out tires also cause hazardous driving conditions, as do suspensions that are misaligned or broken. It’s also important to have the steering suspension checked by a mechanic. If the driver loses steering while behind the wheel, especially at high speeds, the collision could be disastrous.
Distracted Drivers
Oftentimes, drivers feel too confident when taking the wheel and have not been properly trained in road safety. However, due to recent law regulations, more states are demanding better and safer requirements for new drivers. Extra classroom instruction, road tests, and a higher new-driver age are all being put into effect across the country.
Driving under the influence and intoxication are a serious cause of traffic collisions. Because of this, the law sets strict cut-offs for blood alcohol content. According to the Centers for Disease Control and Prevention, there is one death every 45 minutes as a result from a vehicle crash and an alcohol-impaired driver.
Motorists are also easily distracted. Guaranteed ways to risk a collision include active discussions with passengers, talking on a cellular phone while driving, changing the radio and playing overly loud music. Daring drivers even eat, apply make-up, or change clothes while inside the vehicle. According to the NHTSA, in 2009, 5,474 people died and 448,000 were injured in crashes involving a distracted driver.
Aggressive driving and speeding are two other factors that contribute to car accidents. Tailgating, flashing high beams, rude gestures, and even assault are signs of an aggressive driver. Those who speed observe the speed limit signs, know the risk and the consequences, yet continue to do it anyway. The United States Bureau of Transportation Statics reports that in 2008, the greatest number of motor vehicle accidents occurred at a speed of 55 miles per hour, with 9,794 deaths.
Environmental Hazards
Weather is a severe factor when traveling in a car. Extreme sunlight, wind, rain, snow, and ice all make for a dangerous drive. Although bright sunlight causes blindness while driving, drivers do not consider the sun to be a hazard. Wind can cause a power line to fall, or debris to fly around or into your car. The NHTSA reports that in 2008, 30,167 accidents happened in normal weather conditions. However, the next highest crash report was 2,442 accidents which occurred in rain. Rain causes visual impairment if the vehicle does not have working windshield wipers, and it can cause sleek, slippery roads and flooding.
Even if the driver is traveling slowly and carefully through the snow, there is still a risk of an accident as there is no guarantee that an oncoming car will not slide and hit him. Drivers should always check the inflation of the tires and tread, keep a full tank of gas, and make sure that the windshield wipers work properly.
Drivers must also keep in mind that while roads must be maintained regularly, oftentimes they are not. Potholes and severely weathered roads make for not only a bumpy drive, but they also contribute to accidents. Traffic control devices such as signals and signs, crossings, and turning lanes all must be observed and followed carefully to avoid collisions. If you’ve been involved in a accident, contact a Maryland car accident attorney today.
It may seem like shamefully obvious advice, but many people fail to heed it and pay the price in their personal injury cases: Choose the right attorney! Choosing an effective, knowledgeable, honest and dependable attorney can alleviate much of the psychological and emotional distress inherent to litigation. A good way to tell if an attorney is going to be cooperative and helpful is to see how responsive they are to questions early on. Attorneys who seem bothered or are dismissive to inquiring clients may not have the experience or skills needed to navigate the choppy waters of litigation. Answers need to be provided with patience and in language that can be understood by a person without legal training.
Additionally, the numbers of the case should be well-known and understood, that is, the financial particulars. Damages for personal injury include coverage for lost wages, medical bills, rental car expenses and, more generally, pain, suffering, humiliation and distress. A good attorney will be able to work through all of these possible factors with their client, ensuring that the maximum damages will be collected. If an attorney seems abrasive or uninformed, and is unable to assist adequately in these important ways, then it might be time to seek new counsel.
Experience is the best indicator for an attorney’s quality- the more cases he or she has worked and been a part of, the better ability he or she will have in advising a client to go to trial or to settle. Experienced attorneys are able to assess both a client’s best option, the opponent’s best option and subsequently to decipher a middle ground between the two that will leave all parties feeling some measure of satisfaction. The best attorneys in the business will know after learning all the facts of a case if it is worth the gamble of going to travel, or if a settlement is the best option. Unfortunately, however, no Maryland personal injury lawyer knows for sure what a particular judge or jury will see in the facts of a case, and any that pretend to know for certain the outcome of a case before it happens should be regarded with a healthy amount of incredulity.
The retainer agreement is an extraordinarily important document for an empowered client. Some retainer agreements sign over settlement power to the attorney, meaning that he or she can settle the case without the client’s consent. It’s important that the particulars of the arrangement are well-known on both sides, to prevent a settlement being made against a client’s wishes.
Sometimes, in addition to an attorney, mediators can be extremely helpful, especially if a settlement seems like the best option. Voluntary mediation contributes to an atmosphere of good will (or at least not one of open hostility) between both sides, and can help both parties come closer together, or at least help them understand one another’s goals in the case.
There are several questions you need to ask yourself when deciding on a Maryland criminal defense attorney to handle your case. One of the most important thing is to do your research. One of the first things you want to ask yourself is who do you know that has retained an attorney for a similar reason that you want to. Your best source of advice and information can come from others in your community that will be more than willing to tell you how they feel about the legal advice and counsel they received. Ask around.
Another consideration is what kind of attorney are you looking for? Is it for a personal case or a business case? It could very well be to your advantage to hire an attorney who specializes in your area of concern. Don’t hesitate to interview an attorney you are considering for you particular needs. And don’t be afraid to thank them politely for their time, and then tell them they are not the right one for you.
Find out up front what your attorney’s fees will be, what you can expect to receive from those fees, approximately how much time the case will take. Also ask if their are things you can easily do yourself, that if your attorney or his assistant did would cost you. You’ll also want to make sure your attorney keeps in touch with you frequently while doing research on your case as well as developing plans to represent you in court, if need be. Decide together on how often he will contact you, and when he will be available for you to contact him.
Be wary of an attorney that is too eager to take your case. Don’t get pushed into doing anything you’re not sure of. A good attorney will let you know up front if he thinks you have a good case, and if he is reasonably sure that the outcome will be to your benefit. Lastly, and perhaps most important of all, don’t sign anything until you are absolutely sure you understand what you are signing and what the ramifications will be for you. Do some research, use your own good judgement, ask the right questions, and make an informed choice.
Drunk driving arrests occur all too often. The states have enhanced the statutes they use to prosecute those drivers who have been charged. Many years ago driving under the influence was not as serious of a crime in some states as it was in others. The statutes were also written loosely enough to allow judges ample latitude to issue lenient punishment. That latitude rarely exists today. However, hiring a Maryland dui attorney always helps too.
All states across the nation have adjusted their impaired driving statutes in the past ten years. They all now require an extensive alcoholic driver’s education program that increases with multiple offenses. The education programs are not consistent across states and all do not recognize the programs from other states. It is important to know the local statutes and what the law requires in the event of arrest in a particular state.
Most state legislature made sure that the new enforcement codes would be effective by establishing stronger minimum sentences and harsher penalties, even for a first drunk driving offense. Many states have established a minimum blood alcohol level of.05 for reckless driving charges. Intoxicated drivers were assessed at .08 blood alcohol content, though that is not always the case. And many states are re-assessing that enforcement level and considering lowering the impaired level to the.05 reckless driving concentration as the blood alcohol level for a DUI offense.
Penalties for even the first offense always carry a suspension of driving privileges, usually for 30 days. An initial charge can carry incarceration time, but it is determined by “aggravated” circumstances. An impairment level of over .14 is aggravated in some states, while others usually use .18 as the barometer. Another condition of aggravation can include having a minor passenger in the vehicle, which is automatic aggravation in some states. This is irregardless of the blood alcohol level. A level between .05 and .08 can be defensible in aggravated cases, but only because of the reckless/impaired classification of the illegal activity.
