Why Cell Phones Cause Accidents

Cell phones have become a common place in today's society; almost everyone has one, young and old!  Even though more and more car manufacturers are designing stereo and control units to incorporate bluetooth and cell phone controls, not every manufacturer still provides hands free systems for their vehicle models. Even more concerning is that the majority of people who use cell phones in their cars do not either know how to link their cell phones to their car's bluetooth or choose not to altogether. Why is this a risk for you or a loved one driving next to that man or woman with their cellular phone in one hand covering the side of their face as they speak into the cell? Cell phones are one of the leading causes of car accidents in our country, and that includes Florida.

Here are the facts, nearly twenty five percent (25%) of all automobile accidents are caused by texting while driving, and this does not include the statistics of people talking on their cellular phones while driving.  Texting while driving makes a person twenty three times (23x) more times likely to cause or be involved in a car accident.  In February of 2013, 26.2% of motorists admitted typing or sending an email while driving. Each year, the percentage of accidents reported by a driver texting while driving has increased. Although that percentage increases marginally, the number that this percentage equates to is considerable.

States throughout the country have already adopted laws prohibiting cell phone use while driving, excepting hands free connected devices, and Florida is behind that movement considering the adoption of similar laws due to the increasing statistics of car accidents caused by cell phone use. Here are some of the national statistics and information about driving while texting that you may not be aware of, but may place the danger more in perspective:

* In 2011, at least 23% of auto collisions involved cell phones, which equals 1.3 million crashes
* The minimal amount of time attention is taken away from the road while texting and driving, 5 seconds
* If travelling at 55mph, 5 seconds equals the total length of a football field, over 100 yards
* Texting is the longest "eyes of the road" time of all distracted activities, see below for risks of cell use:
    -  Text Messaging makes crashes 23x more likely
    -  Dialing 2.8x more risk
    - Talking or listening, 1.3x more risk
    - Reaching for a cellular device, 1.4x more risk

* Drivers between the age of 18-20 incolved in car wrecks admitting to texting while driving, 13%
* Cell phone use statistics while driving:
    - 34% admit that they text while driving
    - 82% of Americans age 16-17 own cellular phones
    - 52% admit they talk on the cell while driving
    - 77% of young adults who are confident that they can safely text while drive
    - 55% of young adult drivers claim it is easy to text while driving

Statistics sourced from TextingandDrivingSafety.com

If you cause an accident while texting or using a cellular, it is more likely that you will be cited for a traffic violation and cause personal injury to another. If you or a loved one has been injured due to a car accident, call K/S, Attorneys at Law at (561) 939-8042, Palm Beach, and (954) 956-7676, Broward, and schedule your free consultation to discuss your rights with one of our seasoned and experienced personal injury attorneys.

If your vehicle has a bluetooth connection to enable hands free, on average it will take you thirty (30) seconds to one (1) minute to set up your device to hands free capability in your car by pairing the cell device to your car's head unit.  Once that pairing is complete, each time you start your car, your device will pair enabling you to speak hands free in your vehicle significantly reducing the likelihood of injury caused by the distraction of using your cellular while driving. Most vehicles also come equipped with voice controls that allow the driver to press the appropriate button on their steering wheel to dial a number or instruct the system to call a stored contact in its database.  Be smart, drive safely, and use hand's free!

Tips for Auto Accident Injuries

An automobile accident is often a confusing, scary event during which emotions run high. Sometimes, especially if there are significant injuries to any drivers or passengers, the necessary and important steps which should be taken after a car accident are neglected. If you have been injured in an auto accident, you can follow the steps below to ensure that your legal bases are covered.

–Obtain a Police Report:

If you are reading this article, chances are you are reading it from home or from a hospital if your injuries are severe. The car accident which caused your injuries probably happened at least a couple of days ago, maybe more. While there are indeed many important steps to take at the scene of an automobile accident, oftentimes the injured are whisked away in an ambulance and therefore do not have the chance to engage witnesses or gather information. So, if that is the case, what should you do now? You should contact the responding agency and request a police report of the traffic accident. If it was the state police who responded, contact them. Or, perhaps it was the county officers who took the report. Either way, obtaining a copy of the police report describing your accident is necessary for assessing who was at fault.

–Contact Your Insurance Company:

Next, get in touch with your insurance company to report the car accident. The company needs to be made aware due to any potential liability on your part. In addition, your insurance is most likely going to be responsible for your medical care and treatment, and any aftercare you may require. Be sure to ask the claims adjuster you speak with if there are any forms you need to fill out in order to receive appropriate coverage.

–Be Wary of Phone Calls or Letters:

The at-fault driver in the car accident will likely have insurance coverage as well. If the driver contacts his or her insurance company to report the accident, the company may in turn attempt to contact you. Oftentimes an insurance company which knows its client is at fault for an accident will try to contact the injured person to settle quickly and prevent a lawsuit.
Be aware that there are many important factors which need to be considered prior to entering into any settlement agreement. Most often in cases of serious injuries, the treating physician will not know a full prognosis for weeks or months after the initial injury. It is best to avoid speaking to or signing any papers from the opposing insurance company without proper counsel.

–Contact a Personal Injury Attorney:

As soon as you are able, you should contact an attorney who specializes in personal injury cases resulting from automobile accidents. An attorney will be able to review the police report you obtained, along with your insurance policy, to determine what coverage you are entitled to from your own insurance. Also, he or she will initiate and maintain contact with the at-fault driver's insurance company regarding a settlement.
If you were injured in a car accident, ensure that you receive all of the benefits to which you are entitled–contact a personal injury attorney today.

What Is Premises Liability?

Premises liability is a legal concept that exists to protect those who are involved in slip and fall accidents on an owner's property. In a jurisdiction that abides by the common law notion of premises liability, an owner has a duty to make his or her property safe for customers. The duty to make one's property safe may be different depending on the status of the visitor to the property. If a person is visiting the property for the sole purpose of a commercial transaction, then the owner must make the property safe and also warn of any dangers on the property. If a person is visiting property as a social guest, then an owner's duty may only be to warn of any dangers on the property and not actually make any repairs.

Basically, an owner of property will always have a duty to exercise reasonable care in maintaining premises for visitors. Those who have been involved in slip and fall accidents on a property may have a valid legal claim under a premises liability theory. KS Law lawyers are available to discuss your legal claim today.

How Does Premises Liability Affect a Slip and Fall Case?

In a slip and fall case, one of the most important elements of the legal case to determine is the element of fault. A lawyer will need to determine who was truly at fault in your slip and fall case. Essentially, a property owner or an employee must have caused the spill on a floor that later resulted in your fall. In addition, it will be required to show that an owner also knew about the dangerous condition but failed to take any actions to remedy the dangerous condition.

It may be the case that a property owner tries to deny that he or she ever had knowledge of a spill on the floor. If a property owner denies this in your case, then there still may be a way to hold him or her accountable for the injuries that you have suffered. A lawyer will need to show that a reasonable person would have discovered the condition and would have taken steps to remedy it. In this case, there is great room for a judge or jury to be persuaded that an owner was at fault in failing to remedy a condition.

Get in Touch with Premises Liability Lawyers Today

If you have been injured in a premises liability case, then you should get in touch with a premises liability lawyer from KS Law today. An attorney from KS Law can evaluate your claim to see whether it is a possibility to settle your claim or pursue it in trial. A lawyer will also be able to assemble the facts of your case and do any further investigations that may need to be done to determine which party is at fault. Get in touch with a premises liability lawyer from KS Law today to schedule your free initial consultation and find peace of mind.

How Personal Injury Lawyers Determine the Value of Settlements

If you have been involved in an accident where you were injured, you are likely attempting to determine how much value the case is worth if settled. Settlements in a personal injury case are usually challenging to negotiate.

This is because most insurance companies are eager to reduce their expenses to increase their profits. They accomplish this by offering low-ball settlements. But to be reasonable, there needs to be fair compensation for the pain and suffering you have endured. But how do you determine exactly what that is worth?

In most settlements, the medical bills are relatively easy to calculate. These often include all bills from the doctor, clinic and hospital along with the transportation to get you there and back. It might include a bill for the ambulance service, along with any prescription & non-prescription medication and a variety of other expenses.

While the past and current medical bills seem simple enough to calculate, what about all future medical bills you will rack up as a result of your injuries? Any anticipated medical expenses in the future will need to be calculated. Healing could last months, years or even a lifetime based on the injuries you suffered.

Determining Worth

Next, you will need to calculate any indirect damage caused by the accident. This could be lost wages if you are no longer able to do your job. Damages could include childcare, or any quantifiable, tangible loss that would have never occurred had it not been for the accident and the injuries you have sustained.
If you are no longer able to work, did the injuries also take away any potential promotion or career advancement? How much is that worth? Are you no longer able to perform daily tasks due to extensive disability? Have you experienced a “loss of consortium” meaning you have lost the opportunity to be intimate with your spouse? All of these damages could have worth in your case.

Pain and Suffering

In addition, you will need to calculate all the mental and physical pain and suffering you have endured in the past and will experience in the future. Without the experience, of a knowledgeable personal injury attorney with years of handling settlements, many of these losses are intangible and challenging to quantify.
A skilled personal injury attorney that has years of handling settlements like yours use a variety of factors to determine exactly how much each general and specific loss is worth. By developing solid numbers that can withstand the rigors of scrutiny in a court of law, the lawyer can develop a strong case to ensure you receive fair compensation for your actual damages and losses, and not what the settlements claims adjuster is offering.

The Formula

Below you will find the specific formula used by skilled personal injury attorneys to determine the value of personal injury case settlements.
Personal Injury Case Settlements = (Associated Medical Bills + Wage Losses + Damages + Pain & Suffering) times (The Percent of Fault of the Defendant)
It is important to use an experienced personal injury attorney that has handle lots of settlements. The lawyer can evaluate all of the attributing conditions, circumstances and situations of your case. This will ensure you receive proper representation and fair compensation.

How to Determine Fault in a Personal Injury Case

The only way to receive fair compensation for a personal injury case is to prove fault or liability. This is true whether it involves bodily injury, wrongful death, medical malpractice, vehicular accident, slip and fall, or any injury that is caused by the negligence or carelessness of others. To be successful in the personal injury case, the injured party will need to show evidence that the defendant is at blame or fault for causing the accident.

Negligence is considered to be “unintentional tort,” meaning the injured party is provided the opportunity to receive compensation. This is true even if the actions of the defendant in the personal injury case were unintended.

Proving Negligence

Nearly every type of claim in a personal injury case is based on negligence. At its most basic definition, it involves careless behavior that directly or indirectly causes an accident or injury. This could happen directly as in a vehicle accident where a negligent driver hits another individual. It could happen indirectly where an employer was careless in providing a safe environment for an employee, or a prescription medication manufacturer neglected to provide adequate information on the harm or damage the drug could cause when taken.

To prove negligence in a personal injury case requires basic elements according to the law. These include duty, breach of duty, calculable damages and causation. Usually, most personal injury cases involve some type of accident where the injuries that were caused were unintended.

Duty

To be successful in proving negligence, the defendant in the personal injury case will need to have had a specific duty of care to the party that was injured. As an example, every driver on the road has a duty that directly involves all other drivers and passengers. It is their duty to safely operate their vehicle.

Breach of Duty

The injured party will need to demonstrate that the defendant in the personal injury case disregarded, or breached, their level of duty. Usually, the injured party will hire experienced attorneys, such as KS-Law, to demonstrate that the defendant is responsible for the injuries because they neglected to act reasonably as any other individual would in a similar circumstance.

Calculable Damages

The injured party or their representative will need to calculate how much compensation as a monetary figure will be required for any directly related loss or expense. Any damage that is unrelated cannot be included in the calculation.

Causation

The injured party must be able to prove that the breach of duty of the defendant was the actual cause of the injury. This usually contains two factors including “cause in fact,” meaning that the injuries are a result of the actions of the defendant. Causation can also occur from “proximate cause” where any injury suffered by the victim is not far removed from the accident or event.

The burden of proof will always be placed on the shoulders of the injured party involved in the personal injury case. Because of that, it is important to hire a skilled personal injury firm, like KS-Law that have competent attorneys that can assist in proving that the defendant in the personal injury case acted unreasonably, and the results of their actions caused the injury.

Where do most Personal Injury Cases occur?

Injuries sustained in personal injury cases are most commonly due to auto accidents, slip and falls, work-related accidents or faulty products. Personal injury cases are legal cases wherein an entity or person may be held responsible for expenses incurred by the injured party. The negligent party may be ordered to pay the costs for medical care and other related expenses such as lost wages for the injured person. Further monies may be ordered to be paid if an injured person has suffered a drastic change in their quality of life.

Why are auto accident personal injury claims filed?

Automobile accidents occur frequently due to driver inattention and often result in devastating injuries to innocent victims. Personal injury cases are often brought against the negligent driver in order to recover damages to the victim’s automobile and medical expenses for the driver and any passengers who sustained injuries. Wrongful death personal injury cases may be brought about when a negligent driver is involved in an accident which results in one or more fatalities. Automobile personal injury cases may even be brought against a driver who lost control in inclement weather due to the fact that a driver should always have their vehicle under control.

How do slip and fall personal injury cases come about?

Slips and falls may occur at a workplace, a business or even while visiting a friend. If an unsafe condition on the premises has caused a worker, customer or visitor to trip, slip or fall and sustain personal injuries, then personal injury cases may be necessary to be filed in order to receive proper compensation for medical injuries incurred due to negligence. These types of cases are usually caused by uneven surfaces, wet floors or even ice on the sidewalk. It is the property owner’s responsibility to an invitee to maintain their property in a safe manner.

How do personal injuries happen around the workplace?

Workplace injuries may involve other types of insurance and claims such as Worker’s Compensation. It is wise to consult with a private attorney if one has been injured on the job. Hazardous materials, unsafe working conditions and faulty equipment can cause serious and often life-threatening injuries. Many injured workers believe that they are covered by Worker’s Compensation and that settlement will be fair. Consulting with a private attorney immediately is in the best interest of an injured worker as the private attorney will have the worker’s health and welfare in mind and make certain that proper compensation is collected from the negligent party.

Are attorneys necessary?

These are just a few reasons why personal injury cases are filed. Even if the negligent party’s insurance is offering settlement, it is important to consult with an attorney who specializes in personal injury cases and claims in order to avoid further loss. Oftentimes, back and soft tissue injuries are not able to be seen on a typical x-ray. Back injuries can get progressively worse and require continuing treatment such as chiropractic care or even spinal cord stimulator implants to alleviate chronic pain. Settling personal injury cases without consulting a private attorney can have devastating results for an injured person who suffers from chronic pain, or might have to undergo further surgical procedures.

People who have been injured as a result of a person or entity’s negligence may be entitled to file personal injury cases and receive a personal injury settlement if they have a valid claim. It is important to consult a personal injury attorney as soon as possible after the injury in order for the attorney to investigate the circumstances and obtain necessary accident reports, witness statements, pictures and other pertinent information to support a claim for personal injury.

What to do After a Personal Injury

What Do I Do After A Personal Injury?

Tripping, falling or slipping is an accident that can happen to anyone, anywhere. These kinds of accidents often occur at grocery or retail stores or shopping malls. It is important to keep in mind that a slip and fall accident can be difficult to win so in order to win this kind of case there are certain facts that need to be clarified such as:

• Did the owner of the business or home know about the condition of the floor and did he or she have time to correct the problem?
• At the time of the fall, was there a defect or dangerous condition on the property that made you fall?
• And, before the fall happened, were you paying attention when you fell?

Next, there are certain steps that need to be taken immediately after the fall such as calling for help if you have suffered a serious injury. Then, if you are able, use your phone to take pictures of where you fell and of any injuries you sustained. Find out, too, if there were any witnesses. If so, write down their names, phone numbers and addresses.

The next step is to file a report. Report your fall to the manager or owner of the store. Be sure to write down the names and job positions of employees—employees you spoke to about the accident. During the report to the owner, make a request that the accident report be done at that time and in your presence and then take with you a copy to give to your attorney.

Then, seek medical attention as soon as possible. As you are talking with your doctor, be sure to mention all of your symptoms and complaints and ensure that they are documented because some symptoms of a fall don’t show up until several days later.

It is also important to contact your insurance company, such as your business’s or homeowner’s insurance and tell them about what happened. If they are not notified, your policy terms may be violated and this could make you ineligible for legal defense.

Most importantly, do not sign anything that the property owner’s insurance company gives you unless you have an attorney review it first. Next, to settle your claim and find an end to this important issue, work with your personal injury attorney, medical provider or a claims consultant.

To conclude, suffering from a fall or accident can be a challenging and difficult time. However, with an experienced attorney, you can find a resolution and peace of mind; knowing that you have been given quality help at a time when you need it the most.

For more information on this topic, call KS-LAW so that they can represent you in a personal injury case.