If I Am Injured on the Racetrack, Can I Sue the Track?

Many individuals work in the racing world. NASCAR, Formula One, IndyCar Series (once called CART), A1 Grand Prix, GP2, and various other racing series have achieved worldwide notoriety over the last 20 years. Hundreds of thousands attend the live race, while even more cheer on their favorite driver on television. The high speeds and intricate turns keep fans eyes glued to the track as the drivers cleverly maneuver their vehicle around the track. Unfortunately, accidents in this sport happen in almost every single race. At the average speed of 185, and many drivers surpass that, a driver could face multiple life threatening injuries in the event of an accident.

Unfortunately, drivers that choose to race on practically any given racetrack are said to be “assuming the risk”. This means that the driver realizes that what they are doing is dangerous and potentially life threatening but choose to do it anyway. These drivers usually sign a waiver prior to competing on the track. The waiver releases the track from any responsibility should injuries be incurred by the driver.

Now it all seems to look somewhat cut and dry at this point but looks can be deceiving. There are events that could allow a driver to sue the track, regardless of a signed waiver. For instance, if the track willfully allowed drivers to compete knowing that a portion of the track was in disrepair, the track could be sued.

Think about it; a vehicle traveling at speeds of 200mph hits a buckle in the track. At these speeds, it would be difficult to avoid, let alone control the vehicle once it made contact with the failed portion of track. Now, the owner of the track is supposed to ensure that it is meticulously maintained because they are aware of the speeds that these vehicles will be reaching while on their track, but they did not. The result could be a terrible accident that leaves one or more drivers seriously injured and out of work for nearly an entire year. So would this be a valid lawsuit? Absolutely. The track owner’s negligence deems them potentially liable for damages to not only the vehicles, but the drivers as well, if negligence can be proven.

As is the case with most injury suits, a skilled attorney is always recommended. You can discuss your options freely and find out exactly what you may be entitled to.

Filed under: Auto Accidents, auto accident lawyer, Auto Accidents, houston auto accident, race car injuries

5 Tips for Auto Safety

Car accidents are always one of the most prevalent causes of injury and death across almost every demographic, but there are many steps which you can take in order to help increase your safety when driving or riding in a vehicle. Keep these tips in mind for the sake of your safety and that of your family.

1.Always wear your seatbelts at all times. Most of the world has caught on to the importance of seatbelts now and seatbelt laws have proven to be large life savers. The seatbelt is definitively one of the easiest things which you can do in order to increase your safety in a vehicle.

2.Ensure that you are driving a well maintained vehicle. Cars that aren’t looked after can become increasingly less safe to be on the road, especially when systems like the steering or the brakes are compromised. It is also important to be aware of the level of wear on your tires and to replace them when they require it.

3.Obey speed laws. Too many people treat speed laws as recommendations or as hampers to them completing their day on time. In truth, the likelihood of an accident causing serious injury or death is directly related to the speed at which a collision occurs. So, by minimizing your speed, you also help minimize your risk.

4.Drive defensively. Defensive driving will always be your best tool for keeping safe on the road. Aggressive drivers are in far more accidents and have a much more difficult time avoiding a collision when the possibility of one becomes imminent.

5.Never drive, or be a passenger, in a vehicle being operated by someone under the influence of drugs or alcohol. Nothing else will raise your risk as much as being in a collision involving chemical impairment.

Filed under: Auto Accidents, auto accident lawyer, Auto Accidents, Auto Safety, houston auto accident, Top Tips

6 Tips for Motorcycle Safety

Driving a Motorcycle is one of the more dangerous activities that you can do, but there are a number of tips that you can keep in mind to help to minimize your risk. Keep these things in mind in order to keep yourself as safe as possible when riding a motorcycle.

1.NEVER ride a motorcycle while under the influence of drugs or alcohol. We all know how dangerous it is to drink and driver. Every danger of driving a normal car is multiplied when driving a motorcycle, and a vast number of fatal motorcycle crashes involve impairment.

2.Obey posted speed limits. Speed is a very high determining factor in the severity of an injury.

3.Drive as if no one can see you. The number one reason that there are collisions between other vehicles and motorcycles is because the drivers of other vehicles can’t see the bike rider. Assume that you are invisible and that you have to watch out for the actions of all other drivers on the road at all times in order to stay your safest.

4.Make yourself as visible as possible. This is the corollary to the last point. That’s because visibility is such an issue for motorcycle riders that you need to make every effort to be visible. Large touring bikes with large windshields and fairings appear more prominent and are missed less often by other drivers on the road.

5.Wear proper safety equipment. The severity of an injury can be reduced greatly by wearing all of the appropriate safety equipment when riding. The most important element of this is obviously an approved helmet, but also a heavy duty leather jacket (or Kevlar), heavy pants or chaps, proper riding boots, and gloves.

6.Ensure your bike is in good working condition. Mechanical failure doesn’t account for too many accidents, but tire punctures happen more frequently and can cause bad accidents which are easily avoidable by checking your tires before you ride.

Filed under: Motocycles, motorcycle accidents, motorcycle safety, Top Tips

Traffic Accidents in No-Fault States

Many people are familiar with the traditional model of vehicle insurance where one party is deemed by the system to be at fault and, in turn, has to pay (or rather, their insurance has to pay) for the damages caused by the collision. However, many States are now beginning to leave this model behind and move to an insurance model known as “no-fault”.

The reason this system was implemented was because the old system of insurance was taking up too much time and money in the court system. Parties were suing to find the other at fault and suing for damages. No fault insurance eliminates this problem.

So far, the states which have no-fault insurance include: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

The “no fault” part of the insurance refers to personal injury. Under this type of insurance you can be paid immediately rather than having to establish blame in the accident. However, suing for mental anguish and pain and suffering is not allowed under this type of insurance. Many people frequently attempt to gain extra benefits by suing under the old models of insurance for these types of benefits. The idea of no fault insurance is to provide the immediate healthcare that people need and aid in eliminating, in the eyes of the state, pointless lawsuits.

Different states do have different no-fault laws however. From state to state, there are different regulations and some may still allow you to sue the other party, even under no-fault circumstances, as long as certain criteria are met. These might include either the monetary value of the medical bills you are faced with, or the determined severity of the injury you have suffered. An experienced attorney will be able to discuss your options with you in much more detail and it is always wise to consult with an attorney in these situations.

Filed under: Auto Accidents, Insurance Claims, Auto Accidents, houston auto accident, insurance filing, liability insurance, No-Fault Insurance

My Spouse Was Killed In an Auto Accident but the Person Had No Insurance, What Can I Do?

Unfortunately, when these types of situations take place there become very few options to the people who are struck by these tragedies. If another party is at fault in an accident which kills your spouse, and they have no insurance, you can certainly try to sue them, but you should always seek legal advice in this regard. Many people don’t have the means to payout, even if you were to win the suit, so this might not always be the most advisable route for you to take.

However, it is important to think about the things that you can do BEFORE this type of situation occurs, and to make sure that others know about these options in case they should ever find themselves in this kind of a situation. The options available to you, first of all, are always going to be based both on the insurance laws of the state you live in, and the policies which you elect to purchase. As an example, states with no-fault insurance might have other options that we aren’t going to present you with here.

However, there are many states which offer a specialized type of insurance that protects you specifically against being in an accident with a person who is uninsured or underinsured. Not all states offer this type of insurance but, in those that do, it is seriously worth considering. The added cost is well worth it because the consequences can be much worse if you ever find yourself in a situation where that type of insurance would have been useful and you elected not to take it. Save you and your family that trouble by always carefully investigating what options you have to protect against damages and injuries caused by uninsured drivers in your state. There may also be different degrees of these policies such as those which do include specific death benefits.

Filed under: Auto Accidents, Insurance Claims, auto accident lawyer, auto injury information, Auto Safety

Who Covers Courier and Delivery Drivers if They Are Hurt in a Job Related Auto Accident?

For someone who works in a bustling industry such as the courier industry, driving is an inescapable part of their work. This type of work unfortunately exposes them to many more possible accidents during the course of their working day than people who don’t drive for a living. As such, there are insurance questions that they must think about beforehand, in the case of ever experiencing an accident.

All courier companies, (and most other companies which employee professional drivers) will have insurance policies out on their vehicles and drivers to ensure that they are not held liable in the event of an accident. This situation might be different for a courier company who subcontracts drivers. Those drivers would be responsible for their own insurance on their vehicle, although the courier company might require a minimum amount of coverage. This is the most common type of courier model with smaller companies. It helps protect the employer as it ensures that there is no way they would be held liable in the case of an accident. If they own their vehicles and maintain them, as is the case in many of the larger companies, an accident caused by mechanical failure could leave the courier company held at fault.

Fault is important to note. When injured as a courier driver, the accident will be treated much like any other and is subject to the particular laws of the state you are in. In a no-fault state, it will not matter who caused the accident in regards to auto damages and most medical bills. However, in a state without no-fault insurance, it might be possible that, if the other party is at fault in the accident, you can sue them for a variety of benefits relating to your injury. As mentioned above, the company that you work for might also be held responsible if the accident was due to negligence on their part. It is wise to consult a lawyer to learn the specifics of the possibilities and insurance laws in place within your state.

Filed under: Auto Accidents, auto accident at work, auto accident lawyer, Auto Accidents, Auto Safety, houston auto accident

What States have Helmet Laws?

The helmet laws in the United States for Motorcycle riders are set by the individual states. The only national law that comes into play is the fact that, when a state requires a rider by law to wear a helmet, they must wear one which is sanctioned by the department of transportation as being a safe enough helmet to meet the safety guidelines.

As the helmet laws are set from state to state, they can be quite different from each other. However, it is safe to say that most states have at least some form of a helmet law. The only states which have no law whatsoever governing the wearing of a helmet while on a motorcycle are Iowa, Illinois, and New Hampshire. All other states have some form of a motorcycle helmet law.

From there, the motorcycle laws can be divided into two groups, those which require ALL riders, regardless of age, to wear a helmet at all times when riding a bike and those which require only riders of a certain age to wear a helmet. The universal helmet states, which have laws that force every motorcycle rider to wear a helmet, include Washington, Oregon, Nevada, California, Nebraska, Missouri, Louisiana, Mississippi, Alabama, Georgia, Tennessee, Michigan, North Carolina, Virginia, West Virginia, Maryland, New Jersey, New York, Vermont, and Rhode Island.

All of the states which have not already been mentioned have some kind of partial helmet law. Typically, these require that everyone under a certain age must wear a helmet, while for those over the age limit are left to their own judgment. States are divided into two different ages for helmet laws. Some states require all riders 17 and under wear a helmet, such as Arizona, while other such as Arkansas require that all riders 20 and under wear a helmet at all times when riding a motorcycle.

Filed under: Motocycles, Safety, helmet laws, motorcycle accident lawyer, motorcycle accidents, motorcycle safety

If Someone Borrows My Vehicle and Gets into an Accident, Am I Responsible?

People often wonder about lending cars to people and how this affects potential insurance situations in the event of an accident. The truth is there is no easy way to answer this, as it is entirely based on a policy by policy basis. There are many different types of auto insurance and many different ways in which your carrier may have structured your individual policy. However, it is important to realize right away that this means that there are situations where a borrowed car would be covered, as well as the driver, and those where they would not be. This is why it is always safest to contact your insurance provider directly in order to find out what kind of a policy you have in that regard before you lend out your car for the first time.

There are some insurance situations where your insurance will pay for the necessary benefits, but the driver’s insurance can also come into play. There are also situations where, if you do not have someone listed on your policy for the purpose of driving your car, then your insurance may not cover them and you may have to rely on any applicable insurance of the driver instead. This will also be different in states which have no-fault insurance, which can further complicate this kind of manner.

Regardless of the intricacies of insurance, in most states, if the person that you lend your vehicle to gets into an accident and there are injuries involved, you could be held liable because the vehicle is in your name. What this means is that you could be sued for damages if your insurance or the driver’s insurance doesn’t cover all of the damages. A skilled attorney would be a wise choice to call into the matter. You might be involved in a law suit with the injured party, but you may be able to shield yourself from a devastating loss with a good attorney. In fact, that same attorney might even be able to help you recover some of those funds from the individual that got you into the situation in the first place – the person you loaned the car to!

Filed under: Auto Accidents, auto accident lawyer, Auto Accidents

Steps to Take after an Auto Accident – Part II

After you leave the scene of the accident, when you can get to a proper camera, it is important to take pictures of any injuries you may have suffered. Pictures are difficult to argue with, and they concretely demonstrate the severity of an accident. This is especially important if you have to undergo any surgery due to accident injuries. Some lawyers even recommend taking video of yourself in cases where everyday tasks have become more difficult due to your accident injuries. Sometimes demonstrating the complication that these injuries have brought to what used to be a simple task, such as doing laundry, can be a powerful way to relate the severity of an accident to insurance claims adjusters and jurors.

If your insurance company requires you to see a physician to have your injuries evaluated, always request your full medical file from the physician’s office. Keep your own records of all visits to your own physician and any specialists you may see. Also keep track of all billing for these visits and how the costs were covered.

Finally, when you speak with your insurance company, keep a record of all phone conversations. This record should include the date and time of the phone call, the topic that was discussed, and any agreements that were made. It should also include the name of the person speaking with you, and any reference numbers they provide you for these conversations. Keeping these comprehensive records make it more difficult for insurance companies to deal with you unfairly. Should your claim go to trial, this record keeping will also be very useful for the attorney representing your interests to build a compelling case.

Filed under: Auto Accidents, Insurance Claims, Auto Accidents, insurance filing, medical problems, self-help

Steps to Take after an Auto Accident – Part I

Having a car accident can be traumatizing. Well after the initial shock of impact, much of an accident victim’s anxiety comes from worrying about potential injuries, the state of the damaged vehicle, and dealing with an insurance company. Record keeping is an essential part of minimizing this anxiety. In any legal matter, the strength of your case depends on the nature of your evidence. Dealing with your insurance company is a legal matter, and so the document gathering and record keeping process is essentially the same.

The first step in the record keeping process begins immediately after your accident. Always record all information about the accident, including the date/time, the location, a description of events, a description of damage to your vehicle, and a description of damage to the other vehicle. It is now exceedingly common for drivers to own smart phones with cameras built into them. If you happen to have one of these at the time of your accident, take pictures of both cars, the location where the accident took place, and any other evidence (such as skid marks on a road).

It is also important to take down the contact information for the driver of the other car. This should include his/her name, address, driver’s license number, phone number, and the extent of any injuries caused by the accident. Additionally, before you leave the scene of the accident, note the contact information of any witnesses to the crash. Write down their names, addresses, driver’s license numbers, phone numbers, and any relevant additional information.

Filed under: Auto Accidents, Insurance Claims, Auto Accidents, auto injury information, insurance, insurance filing, self-help