In 2011, at least 23% of auto collisions involved cell phones. That amounted to 1.3 million crashes. This number is now up to 1.6 million annually. Additionally, texting and driving is the number one killer of teens, amounting to 3,000 teens per year as reported by CBS. The National Highway Transportation Safety Admin actually said it is the same as driving after four beers. So what is it about texting that makes it so dangerous?

The minimum amount of time your attention is taken away from the road while texting is only five seconds, however if you are driving at 55 miles per hour that can equal the length of a football field. What does that mean? If the person in front of you happens to brake then you might rear-end them, or your multitasking hands might cause you to swerve the wheal out of your lane. Matter of fact, teens who text spend 10% of their driving time swerving out of their lane.

So what is being done about it? Washington State prohibits the use of cell phones while driving. This includes texting. What this means is that not  only can texting while driving cause a collision, but it also amounts to fines if you are caught doing it.

One controversial solution could be a phone app that restricts texts and calls from coming in when it detects the phone is in a moving car. The drawback to this would be restricting passengers from answering calls as well.

To find out more about texting and driving, visit: http://www.textinganddrivingsafety.com/texting-and-driving-stats/

The Cunnane Law Office has provided this content for informational purposes only.  You should refer your questions to a personal injury attorney.

www.cunnanelaw.com

Collecting physical evidence from the scene of a collision is critical in helping to determine what percentage each party is at fault. Why does this matter? The amount awarded to an injured victim is directly determined by how much each person contributed to the accident.

An insurance adjuster can either deny or reduce a percentage of your claim if they can prove with physical evidence or by witness statements that you partially caused the collision. For example, if it is found that a person was texting while driving then they would be at fault for causing the collision.

Not every accident is straight forward with all the facts clearly laid out. In order for the victim to receive a settlement they will need to prove:

1. The other person was at fault.
2. An injury has been suffered.
3. The injuries have caused a loss of quality of life.

It is a huge undertaking to calculate an exact dollar value without knowing all of the facts that surround a case. That is why it is important for you to consult with an attorney who has experience in handling these types of cases.

The Cunnane Law Office has provided this content for informational purposes only.  You should refer your questions to a personal injury attorney.

www.cunnanelaw.com

In the first stages of claim negotiations, the insurance adjuster calculates the total medical expenses related to the injury. These medical expenses are called “special damages”. Once this figure is established the adjuster can determine how much to offer the injured person for pain, suffering, and other nonmonetary losses.

The amount established for special damages is then multiplied by 1.5 or 2 if the injuries are minor. If, however the accident injuries have impacted the victims ability to function normally, then the adjuster will multiply the amount of “special damages” by a factor of 5, or as high as 10 in extreme cases.

Loss of income as a result of the injuries is then calculated. This amount is based on previous earnings and the estimated amount of time the victim will be out of work.

To recap, the insurance adjuster adds up the total sum of medical expenses and then multiplies it by 1.5 to 5, and then adds in loss of income. This initial number represents the baseline from which negotiations may start.

The Cunnane Law Office has provided this content for informational purposes only.  You should refer your questions to a personal injury attorney.

www.cunnanelaw.com

In order for a victim to receive compensation there are three specific requirements that must be met by law:

1. Being able to prove that another person was at-fault (negligent) for causing an event that led to injuries.

2. The victim must be able to prove with “evidence” that they have actually suffered an injury as a direct result of someone else’s carelessness.

3. An accident victim must be able to prove the loss of quality of life as a result of the injury. This can be a complex issue to prove because everyone responds differently to pain.

Personal injury attorneys representing injured victims of any motor vehicle collision must make sure that the above criteria is met before filing a lawsuit. A lack of evidence in the requirements can make it impossible for you to successfully resolve your claim. Talk to a qualified attorney to determine if there is substantial evidence to pursue your personal injury case.

The Cunnane Law Office has provided this content for informational purposes only.  You should refer your questions to a personal injury attorney.

www.cunnanelaw.com

When an insurance company makes an offer it is natural for the injured victim or family members to want to know the value of their case.  Unfortunately, determining a firm financial figure can be difficult in the initial stages following the accident. In order to establish the case worth you need to know all of the damages you are entitled to.

The following is a list of damages the insurance company for the at-fault party will compensate an injured victim for:

•             Property damage

•             Permanent disfigurement and physical disabilities

•             Loss of income due to the accident

•             Medical expenses

•             Loss of educational opportunity, including missed days from school or training.

•             Emotional damages would include depression, embarrassment, stress, or anxiety disorder.

•             Strain on family relationships, for example, inability to take care of children or elderly parents, or unable to have sexual relations due to the injuries. (The spouse of a married accident victim has a claim for the impact that the accident has on the marriage).

There are many variables to account for before a dollar amount can be determined by any attorney. If you believe you are entitled to compensation for damages due to an accident then talk with a lawyer specializing in personal injury law.

The Cunnane Law Office has provided this content for informational purposes only.  You should refer your questions to a personal injury attorney.

www.cunnanelaw.com

The following eleven point check list has been designed to help you evaluate  the aptitude and ability of the personal injury lawyer you are thinking of hiring. If you are unsure who to hire meet with multiple lawyers and then compare notes.

 Attorney/Firm Information

Name of the Law Firm: ________________________________________

Name of attorney being reviewed: _______________________________

Address: ____________________________________________________

City: _____________________________________ Zip Code:  _________

Phone Number: ______________________________________________

E-mail address:  ______________________________________________

Eleven Point Check List:

1. Who Will Be Handling My Case?

___  You

___   An Associate

___   Paralegal

___   Someone I Have Never Met

2. Amount of Experience:

___  Extremely Seasoned (15+ Years)

___   Well Established (11-15 Years)

___   Outstanding (6-10 Years)

___   Good (3-5 Years)

___   New (1-2 Years)

3. Type of Law Practiced:

___   Exclusively Handles Personal Injury Work

___   General Practice That Includes:

___   Divorce

___   Real-estate

___   Bankruptcy

___   DUI

___   Criminal Defense

___   Other: _____________________________

___   Occasionally Handles Personal Injury Cases

4. How Will You Inform Me Of My Case?

By Letter E-mail Phone Call How Often? _________________________

Can I Call You? Yes No When? _________________________________

Will I Be Able To Meet With You? Yes No How Often? ______________

When Will You Contact My Doctor For Medical Records? ____/___/___

5. Have You Handled Other Cases That Are Similar To Mine?

Yes What Kinds Of Results Did You Have? ______________________

No How Would You Handle My Case? _________________________

6. Have You Taken Cases To Trial?

Yes / No

If Yes, What Results Did You Have? ____________________________

7. Client Comments:

___   Clients Rave About the Attorney and Law Firm.

___   Testimonials Are Not Readily Available.

8. The Lawyers Ability To Answer My Concerns:

___   I Felt Reassured During The Initial Consultation.

___   I Was Completely Lost During The Consultation.

9. Listening Skills:

___   The Attorney Seemed Very Compassionate Towards My Case And Put Me At Ease.

___   The Attorney Seemed Uncaring And Was Quick To Rush Me Out The Door.

10. How Was I Treated By The Support Staff (Front Desk Receptionist, Associates, Paralegals, and Assistants):

___   The Support Staff Was Kind, Courteous, and Friendly.

___   The Support Staff Was Indifferent Towards Me.

11. How Did I Feel After The Initial Consultation:

___   I Felt Confident That I Was In Good Hands.

___   I Left The Office Feeling Overwhelmed And Totally Confused.

The more informed you are, the better off you will be when it comes to hiring a lawyer for your case. The following are some questions to ask yourself when meeting with a potential lawyer to help you evaluate the level of services they are providing you with.

1. Personal Attention:  Does your attorney provide personal “one-to-one” attention or do they pass the file off to a junior associate or paralegal?

2. Experience:  A developed high level of skill requires at least 10 years of experience. How many years of experience does your personal injury lawyer have?

3. Compassion:  A lawyer needs to understand what you and your family are going through emotionally, financially and physically. When an injured client walks into the office for the first time, does your lawyer listen and speak with compassion?

4. Excellence: Does your lawyer always act in the best interest of the client and their families?

5. Passion:  Do you feel that your lawyer is passionate about helping you or is their job just a way to pay the bills? You can hear it in their voice and see it in their eyes, this passion transmits to the judge and the jury when your case goes to trial.

6. Understanding:  Does your attorney have a sound understanding of various medical conditions and their relationship to physical trauma? This type of understanding will allow the attorney to effectively communicate with the judge, jury and insurance company.

7. Specialization:  What area of law does your attorney specialize in? Always hire a lawyer who specializes in the area of law you seek because that is his or her strength.

8. The Extra Mile: Has your lawyer given you a 100% guarantee that he or she will win your case? If so, you better run. The only guarantee in complex legal issues is that a lawyer is willing to leave no stone unturned in the fight to win a case.

9. Well Informed:  Has your attorney explained their contract and legal fees making sure that you understand  everything right up front? Never sign a legal document that you don’t understand.

10. Past Success:  Can your attorney provide you with client testimonials?

About 14 years ago I  lost someone who I loved very much to the careless negligence of a few large corporations. That “someone” was my father. He died at age 62 from asbestosis (lung cancer from asbestos). What hurt the most was knowing that my two daughters would never meet their grandfather.  This event fueled my purpose to help injured victims and their families receive the justice they deserve.

Having gone through this, I understand what an injured victim is feeling when they walk into my office because I have walked in their shoes. Every client that comes to me for help is treated with respect, compassion and understanding because I see them as a part of my extended family. I know that I cannot change what has happened as a result of the crash, however I will do my best to right the wrong that has resulted from the collision.

Insurance adjusters know that if you are not represented by a lawyer, then there is no way for you to know just how much you are legally entitled to . The last thing they want you to do is get advice from an attorney so that you know your rights. It makes their job of minimizing losses, generating profits for shareholders, and protecting the interest of the insured party (the person who caused the collision) so much more difficult. Instead they need you to be vulnerable and trusting so that you are easy prey.

Unfortunately, a long battle awaits if you do not accept their initial offer so get ready to:

1. Be overwhelmed with mountains of paperwork.

2. Be placed on hold for countless hours.

3. Have stall tactics used to put pressure on you to settle.

4. Be sent on a wild goose chase for old records.

Before entering into this battle, arm yourself with as much information as you can so that you are not pressured into accepting an offer that could possibly leave you in debt. My job as an attorney is to educate, empower and enlighten you so that you do not fall victim to the insurance company.

Know your rights, talk to an attorney before accepting an offer from the insurance adjuster.

Nothing is worse than breaking down on an icy pass with no cell phone reception. With all of the extra holiday travel you may be doing this season, get your vehicle ready before you hit the road.

1. Top off your antifreeze.

2. Install new wiper blades.

3. Fill your washer fluid.

4. Check your tires. Tire pressure should be checked monthly using a pressure gage. The correct tire pressure is located on your vehicles tire information label.

5. Check your battery. If it is more than three years old then have it tested by a technician.

6. Change your oil. (Approximately every three months or 3,000 miles)

7. Keep an emergency kit. This should include blankets, flares, a medical first-aid kit, a basic tool kit, a flashlight, jumper cables, bottled water, snacks, a shovel, candles and matches.

8. Keep an emergency contact list. Do you know the number for a tow truck, cab company or locksmith? It’s a good idea to keep a list on your phone or have a phone book in your car just in case you break down.

If you are in a minor accident or your car stalls, then pull over to the side of the road and stay in your vehicle while you wait for help to arrive. Do not get out to inspect the damage because you are at risk of being hit by another driver.

Stay safe this holiday season and always remember, “Before you sign your name, call Joe Cunnane.”