How Much Is a Pedestrian Accident Case Worth?
What to Expect in Your Pedestrian Car Accident Settlement? A pedestrian accident case is either an insurance claim or a lawsuit. The latter is not necessary and is usually the last option when the plaintiff does not agree with the amount the insurance company is ready to pay. Anyway, whether you want to settle out of court or decide to get involved in litigation, the most important question is, “How much is my pedestrian accident case worth?” Unfortunately, there is no simple answer to this question, which is why it is highly advised that you consult an experienced pedestrian accident lawyer. Factors that determine the value of a pedestrian accident case Usually, the first thing people do when they want to find out the value of their case is to find an average settlement amount for this kind of cases. Of course, it might give you some idea, but it is not that helpful. It is important to understand that each case is unique. There is no universal answer to how much a pedestrian accident case is worth. It is based on several factors. First of all, the severity of the pedestrian’s injuries play a key role. Severe injuries will obviously be worth more. Another factor is the nature and the extent of received treatment. If you decided to try alternative medicine instead of traditional medicine, it has less weight. There is a general formula to determine the worth of a pedestrian accident case. The value of the case includes medical costs (together with future medical costs), missed time at work, future earning capacity as well as pain, suffering, and inconvenience. Some factors such as medical costs and missed time at work are easy to figure out. You just have to present the evidence that supports your claim. It can be a hospital bill that proves you really spent that much money or pay stubs that establish how much pay you missed while recovering from your injury. The most difficult factor to determine in this formula is pain and suffering. Unlike wages and hospital cost, these criteria are not easily presented in actual dollar sums. Sure, a victim’s pain and suffering are very much real, but how do you put a price tag on that? That is why you need a good pedestrian accident lawyer to prove to everyone that the amount you claim for pain and suffering is well grounded. How to get actual numbers When starting a pedestrian accident case, it is important to understand how an insurance adjuster will approach the settlement. What most of them do to determine the worth of your pedestrian accident case is take all the quantifiable losses (medical bills, lost income etc) and multiply it by a number between one-and-a-half and five. The amount they receive is called “general damages”. It already includes pain and suffering costs. The multiplier depends on the severity of your injuries, nature of medical treatment, and the length of recovery. Another approach often used by insurance adjusters is to use a daily rate when determining the settlement for your pain. In both cases, to get the final settlement figure, insurance companies add general damages to special damages. Determining how much a pedestrian accident case is worth gives an opportunity for back-and-forth negotiations between the driver and the pedestrian. Usually, they do not conduct the negotiations themselves. The insurers present an argument in favor of the driver to reduce the settlement amount. And a pedestrian accident lawyer on the other side tries to give evidence to increase the amount the pedestrian gets. A trustworthy pedestrian accident lawyer will work on a contingency fee basis. It means they get a certain percentage of the settlement amount only if they win the case.
Do Helmet Cams Help Motorcyclists?
Why do you own a helmet cam – Motorcyclists? A helmet camera is an interesting gadget that enables rider to capture his ride every time. With the help of helmet cams, cyclists can record and relive the exciting moments again and again. But helmet cams can help motorcyclists in many other ways as well. For example, they can act as an unexpected insurance policy in case of an accident. The biggest advantage of helmet camera is that the footage can be used as evidence by your motorcycle accident lawyer if there has been an accident. How helmet cams can help in case of an accident When riding a motorcycle often times there are some frustrating situations we encounter. Whether it is a head-on collision or a hit-and-run accident, it is always extremely difficult to prove that the accident was the driver’s fault. In most cases the motorcyclist is blamed while the driver goes scot free, which is quite unfair. However, there is nothing much you can do if there is not enough evidence. In these circumstances helmet cam can prove to be a powerful and reliable source of evidence, as it enables you to show the footage of the ride to all parties involved when the need arises. The footage recorded by the helmet cam can clarify the situation; as a result, your motorcycle accident lawyer is able to prove your innocence in a convenient way. Despite all road safety measures that have been put in place in recent years, motorcyclists still remain quite vulnerable on the road. This is often due to poor maintenance of roads or the carelessness of road users. In most cases, it is difficult to obtain witness evidence, even if the accident took place on a busy street. Most people are reluctant to come forward as a witness mainly due to the fear that it would take a lot of their time to appear in court. However if you use helmet camera, it can act as a convincing and reliable witness. In addition to that, if your helmet has recorded the incident, you will not have to worry about witnesses not appearing in court or changing their testimony. Using your helmet cam footage in court to claim your innocence If you have been caught in any motorcycle accident which was not your fault, a helmet camera equips you with unequivocal evidence which can make your case substantially stronger. Until a few years ago, footage from a helmet camera was not easily accepted as evidence in court, because it fell in the grey area of the law. However, these days it is widely being used as evidence in criminal and civil courts in the same way as CCTV footage. In order to submit the video recording from your helmet cam as evidence in court, the footage has to be downloaded onto a CD. You are also required to obtain and submit a certificate which proves that the footage has not been altered or tempered in any way from its original digital format. Your entitlements in case of a motorcycle accident In case of an accident where you are not at fault, you are entitled by law to claim compensation for the injuries you have suffered and also the money you spent on replacing or repairing your motorcycle. You can also claim the money you spent on replacing any damaged property in the accident, cost of medical treatment, and also for lost wages due to your absence at work. Conclusion If you have sustained an injury during a motorcycle accident, it is important to get in touch with your motorcycle accident lawyer and get professional opinion for claiming compensation as soon as you can. There is no doubt that helmet cameras can really help motorcyclists, not only to reflect upon and improve their riding skills but also in case of an accident. Helmet camera can provide you solid evidence that can help you prove your innocence, when the need arises. FREE 24/7 ConsultationLast Updated: 03-24-2017
How Long Does a Pedestrian Accident Settlement Take?
What is the Average Settlement Amount in a Pedestrian Accident Case? Injuries in a pedestrian accident are almost inevitable. Cars are much heavier than our body which is why most pedestrian accidents result in significant injuries. The severity of the injuries can depend on many factors, such as speed or angle of impact. Very few pedestrians escape from such an accident without any damage. But what matters is how long will it take for them to get compensation, which is where a pedestrian accident attorney comes in. If you or someone close to you is involved in a pedestrian accident case, it is very important to understand the basics of the settlement process. It will help you understand what factors influence the duration of the settlement and why it usually takes so long. If you know how the settlement after a pedestrian accident works, you may be able to influence it a little and speed up things, so you do not need to wait. However, what’s most important is that you get adequate compensation for your damages. If you do not want to get into these legal details, it would be better to find a good pedestrian accident attorney. He will explain you what you need to know and take care of the rest. What Affects the Process of a Pedestrian Accident Settlement? Every situation is different and the duration of a pedestrian accident settlement varies from case to case. The range is huge: from a few months to many years. Why is there such a big difference? There are many factors that affect the settlement process. Severity of the injuries. Usually, the settlement does not take place until the medical treatment is completed. It means the case will not be closed until the pedestrian is cured or stable without the chance for any possible further improvement. If pedestrians receive minor injuries, they get better rather quickly. On the other hand, in case of severe injuries the settlement process can take several years. Negotiations with the insurance company. After the treatment is completed settlement negotiations with the insurance company take place. They also take time. Even if there are no problems and the settlement amount satisfies both parties, negotiations will still take months. If the pedestrian claims more money that the insurance company is ready to pay, the settlement negotiations will naturally take more time until they reach the consensus that will satisfy them all. Sometimes neither the pedestrian nor the driver has insurance. The only option for the compensation in this case is to pursue a lawsuit against the driver. Sometimes, unfortunately, if the driver has not got enough assets, the pedestrian has no chance of getting a sizable compensation. Trial. Not all pedestrian accident settlements go as far as a court room, but sometimes it happens. For example, an actual trial can be required because the settlement is not successful. In this case, the process will take even more time than a simple out-of-court settlement. What to Do in a Pedestrian Accident If you have an accident it is important to take some particular steps to ensure quick settlement process. If you fail to do it, problems might occur that will hinder it. The first and the most important thing after the accident is to get necessary medical care. After this you should contact the police if they have not arrived yet. Also, notify your insurance company and the driver’s. Don’t forget to contact an experienced pedestrian accident attorney. He will ensure that you get the full and fair compensation you are owed. (#case-consultation-form-container)FREE 24/7 Consultation
What Is Wrong with Takata Airbags?
What You Need to Know About the Takata Airbags In the past few months, the automotive world has been faced with one recall after another. Of late, the focus has shifted to Takata airbag recalls from General Motors recalls. Takata is a Japan-based auto supplier which provided automobile manufacturers with almost 25% of the inflators utilized in activating airbags in case of an accident. Takata airbags faults are not just limited to a specific car manufacturer. They affect all car brands that were supplied with the airbags. Though airbags have been quite helpful in minimizing the injuries that drivers and passengers are befallen with, recently uncovered faults pose a serious threat to motorists. The National Highway Traffic Safety Administration (federal agency accountable for automotive safety) has authorized Takata airbag recalls and has also expressed its concerns regarding the delays in Takata airbag recalls. Additionally, the Administration has urged Takata to hasten its production of completely safe airbag replacements. Takata airbags have also been linked to numerous severe and minor injuries and at least eight deaths. The inflators utilized in faulty Takata airbags have the potential of sending metal chips into the torsos and faces of the drivers and passengers. If this, unfortunately, happens to you, you definitely need to seek professional advice. There are experienced car accident attorneys ready to represent you and make sure you are well compensated for this. All you need to do is to make that call. The main issue regarding the Takata airbags is that they have the potential of severely injuring, maiming or even seriously wounding drivers and passengers. One of the most recent and greatest airbag recall involving more than 14 million cars was founded on revelations that the inflators used in the airbag were capable of bursting and sending shrapnel into the bodies of the passengers and drivers. The Takata airbags are particularly dangerous in humid conditions and regions. In such environments, their possibility of malfunctioning when activated is quite high. Six different airbag rupturing events in the humid states like Florida and Puerto Rico have been compiled by NHTSA. One of the mind-boggling questions that a lot of people ask themselves is if Takata knew that their airbags were dangerous. According to allegations made by previous Takata employees, Takata Corporation might have first known about the airbags’ defects back in 2004. This particular date is actually five years earlier than the date that Takata actually shared with the NHTSA. The previous employees claim that Takata recovered airbags from junkyards and carried out tests on them to establish if the inflation tools in the airbags could rip open the airbag and cause harm. In the process of testing, Takata supposedly discovered defects and then supposedly instructed the employees to erase all proof of the airbag faults from the company’s computers. Additionally, these tests were done outside the usual work hours. It is as if it was some form of secret operation being carried out; it was definitely not intended for the public’s ears. Takata Airbag Recall Recent Developments ![Takata Airbag Recall Recent Developments](../../../uploads/2016/10/takata-airbag-recall.jpg) Car Accident Attorneys Are Watching the Takata Recall Closely The buzz is still there, and it is getting louder. With over 14 automakers issuing recalls on their cars, the Takata Airbag Recall is the probably the largest safety recall in U.S. history. The problem: self-deploying airbags installed in cars from as early as 2002. These air bags can explode with shrapnel and injure or even kill passengers. Based on investigations, the airbag’s inflator is what is causing the explosion. The inflator is a metal cartridge designed with propellant wafers which are defective. Time, moisture, and other environmental factors can cause the propellant to ignite and cause the airbag to explode. In the worst case scenario, the metal casing can rupture during the explosion, turning it into deadly shrapnel. Current Status of the Issue As of September 2016, there are nine recorded deaths in the United States and another 139 are injured, all of which are because of the airbag explosions. To date, a total of 16.5 million units are recalled from at least 14 car manufacturers. Outside the U.S., there are three recorded deaths in Malaysia. The estimated total number of affected cars is at 35 million. As of October 20, 2016, the Takata airbag claimed another life in a 2001 Honda Civic, which is now the 11th death in the United States. Out of the 11 fatalities, nine of these are from Honda and Acura. According to Honda, they estimate that only 300,000 affected vehicles did not go through the necessary repair. What Automakers Are Doing For the last few months, several automakers have taken proactive steps to correct the problem. In recent months, Honda and Acura dealers have replaced upwards of 20,000 Takata airbags on a daily basis. Some companies also cold called their customers, advising them to take their vehicles to the nearest dealership for replacement. Others went so far as to advertise in football games and send mass emails and snail mails to their consumer base. Some manufacturers, like Honda, created a centralized web center which houses all relevant information and updates about the recall. This web page is prominently displayed in Honda’s home page. As days go by, the issue seems to be discovered in more and more older car models. Honda also doubled its call center representatives to answer the growing number of people calling each day. Automated phone calls and text messaging programs are also in place. Also, several companies took the initiative to use social media like Facebook and Twitter to increase awareness and invite customers to bring in their cars. Some even distributed flyers as a means to educate people of the growing problem. Below is a list of car manufacturers reported to have been affected by the recall. Ferrari Scion Ford Subaru GM Pontiac and Saab Toyota Honda Volkswagen Infiniti Jaguar/Land Rover Takata’s Legal Battle An article in the New York Times suggested that Takata had prior knowledge of the defective airbags but did not report it to the appropriate authorities. The U.S. government is now calling for a criminal investigation on the case. Takata, on the other hand, denied the accusation and said that they are in cooperation with the government investigation. Takata, however, stated as early as 2015, that it has 88 reports of the explosions. Takata is legally liable to replace all these airbags which have been implemented over the course of 15 years in different car makes and models. Today, the campaign is focused on high humidity areas where airbag explosions are likely to occur. Takata may also be liable for many wrongful deaths. Common Consumer Inquiries Concerned consumers naturally have a lot of questions about this major recall. Below, we have supplied the answers to some of the most commonly asked questions. How serious is the Issue? Any recall is a serious matter. Companies will not waste money for recalls if it does not endanger the lives of people. Anyone who has a car with a Takata airbag should call the car company and get clarification if it is part of the recall, especially if the car is old. Is my place of residence a problem? Yes, it can be an issue. According to preliminary investigations, the airbags are likely to rupture in high humidity and temperature areas. The high temperature activates the chemical and creates an explosive reaction, rupturing the metal cases and deploying the airbag. Examples of these states are Florida, Hawaii, South Carolina, and Georgia. What should I do if my car is affected? First, call the car company and ask for instructions. The airbag replacement is free of charge. However, you have to pay for repairs should there be other defects found in your car aside from the airbag. Next, don’t use your affect vehicle until the repair is complete. You may carpool with a friend or if possible, rent or borrow someone else’s. This is better than taking the risk of driving your car. This information has been brought to you by the experienced car accident attorneys at Wilshire Law Firm. If you or someone you love has been injured due to a defective Takata airbag, please contact us for legal assistance. FREE 24/7 Consultation
What is the Average Whiplash Settlement Amount in California?
A car accident can happen suddenly. Being the victim of a whiplash injury due to that accident can be frightening. However, you’re not alone – it is one of the most common injuries sustained in car accidents. A negligent driver can change your life in the blink of an eye by slamming into the back of your car in a rear end accident. In this type of car accident, a very common neck injury called whiplash can occur. Although some whiplash neck injuries don’t require a long period of recuperation, others have far-reaching repercussions. While every car accident inducing whiplash is different, key factors play a part in determining the settlement amount a driver will receive after such an accident. In general, drivers suffering from whiplash injuries could be compensated for: Physical injuries Damage to the vehicle Lost wages Medical expenses However, getting the settlement you deserve requires diligent recordkeeping and many times, the legal advice of a car accident attorney familiar with the long-term effects of whiplash. It’s very important to seek legal advice as soon as possible, especially if your injuries were severe, as it gets harder to fight for financial compensation the longer you wait. Calculating the average whiplash settlement takes many factors into account, and it can be a long process before you get the financial compensation you deserve. Usually, whiplash settlements take the following into account: ![Money/Bills Icon](../../../uploads/2016/10/01-medical-bills.png)**Medical bills** after the accident. You might have been taken to the emergency room to have image diagnostics and other medical treatment for pain after your whiplash car accident. It’s extremely important to hold on to all medical treatment records for your whiplash settlement. ![stethoscope](../../../uploads/2016/10/02-medical-bills.png)Ongoing **medical treatment**, such as physical therapy or chiropractic treatment. You may also continue to take prescription medication for your injuries. ![Money with a calculator](../../../uploads/2016/10/03-loss-of-income.png)**Loss of income**, especially if you had to take off work to go to ongoing medical treatment appointments. ![Head Injury for pain and suffering](../../../uploads/2016/10/04-pain-and-suffering.png)**Pain and suffering** from your injuries. ![vehicle](../../../uploads/2016/10/05-property-damage.png)**Property damage** to your car and other belonging as a result of the car accident. Photos should be taken at the scene, and a police report should be provided to your auto insurance provider. To better understand whether you are a candidate for a settlement due to your whiplash injury, it helps to first understand what a whiplash injury is, and how it is diagnosed. What is a Whiplash Injury? Whiplash isn’t just a pain in the neck. Also called a neck sprain and/or strain, whiplash occurs when the neck ligaments are stretched, causing a pulled, stiff, painful sensation. Both a neck sprain or strain can be the result of a whiplash car accident. It happens due to the sudden, powerful force of another car hitting your car from the back, causing the neck to stretch from an even somewhat minor collision. Symptoms of whiplash include: Pain in the neck, shoulders, and upper back Limited range of movement of the head and neck Swelling in the neck or upper shoulders Muscle spasms in the affected areas The severity of a whiplash injury depends on multiple factors, including the speed the other car was traveling at the time of impact. Certain drivers may have other injuries in addition to whiplash, such as spinal cord injuries. The extent of the whiplash injury is also a huge component in determining fault. Proving Fault in a Whiplash Car Accident Almost always, the driver who rear-ends the car in front of them is considered at fault for the accident. California is an at-fault state for auto insurance, so the person who caused the rear-end collision is likely to be found at-fault, automatically. The at-fault driver will be legally liable for the other driver’s injuries and related losses after suffering from whiplash. Because California law states that victims of car accidents are entitled to compensation for injuries resulting from the negligence of another driver, you shouldn’t settle for a low offer. Get the help of a skilled car accident attorney to help you present the best case possible and the compensation you deserve. What Should My Settlement Be Worth? It’s not easy to put a dollar amount on any given case without carefully reviewing all the evidence at hand. This is why it’s important to have an experienced car accident lawyer review your case. They’ll guide you through the litigation process and get you fair and just financial compensation. In general terms, however, the greater the injuries, the higher the compensation. For example, if you have other injuries in addition to whiplash, such as nerve damage, you can easily get a higher settlement. Proving pain and suffering goes a long way towards affecting how much money you will be awarded. For instance, most people who have whiplash injuries find they go away within a week, Economic damages after a car accident (medical bills and lost earnings) are taken into account, and if the case goes to trial, it’s important to take the following into account: The credibility of the plaintiff Whether the jury can understand the plaintiff’s injuries The extent of medical treatment needed by the plaintiff What to Do If You’ve Gotten a Lowball Whiplash Settlement Offer If you’ve had a whiplash injury after a car accident and the auto insurance company is making you a lowball offer, make sure to get in touch with a car accident attorney in Los Angeles in order to get your due compensation. Get in touch with Wilshire Law Firm today to learn more.
5 Safety Features Your Car Will Have by 2020
We may still be far from the day when we will regularly see high-flying clouds in the rear view mirror, but automotive technology has come a long way in recent years, and we can expect to see a lot more milestones being crossed before the decade is over. In the auto industry, safety has been and will continue to be a top concern, as car companies race to outfit their vehicles with technologies that not only reduce the chance of a collision, but also better protect passengers in case one occurs. Below, we cover the features that are most likely to be big sellers – perhaps even game changers – in the not-so-far-away future: Driver Assistance Systems – Our cars might not drive themselves by 2020, but they will make us safer drivers. For instance, radars will “watch” our blind spots, our rears, AND our fronts, essentially sensing accidents before they occur and coordinating with other systems (like brakes) to prevent them. 360 Driver Vision – Rearview cameras are already becoming standard; soon, cars will have more technologically advanced cameras that stitch together multiple feeds to give us a 360-degree view. Future drivers will have many eyes on the road. Night Vision with Pedestrian Detection – Sophisticated night vision systems are actually available on the market today. By using infrared light or amplifying available light, they help drivers spot incoming pedestrians in the dark. However, their current prices are too luxurious for the average consumer. But in the future, these systems may become affordable enough to enter the mainstream. Adaptive Cruising – Imagine cruising at highway speeds without having to constantly adjust your speed to match the vehicle in front: this is what adaptive cruise control offers. Like night vision systems, it’s currently optional (and expensive) on high end models, but will likely become standard in the future. The technology will also likely evolve enough to work at very low speeds, like in stop-and-go traffic. Cars Talking to Each Other – It may sound crazy now, but in the future, it will almost certainly become a reality. In the future, vehicles will use advanced Wi-Fi technology to “talk” to each other, transmitting their location and other vital information (speed, direction, and so on) to prevent a collision. However, expect the price tag for this option to remain hefty for many years past 2020. Car accidents may become a thing of the past once all of these safety features become ubiquitous – but for now, they’re here to stay. Until then, rely on the experienced car accident lawyers at Wilshire Law Firm for all of your legal needs. Our number is 1-800-52-CRASH. We offer FREE consultations.