What Happens If You Are Injured on a Bus or Hit by a Bus?
Being hit by a bus or injured on one during your daily commute is a terrifying moment. You’ll need to follow a few steps immediately to make sure you’re safe and you receive treatment for any injuries. But you also need to follow a few best practices to protect your rights and hold the responsible party accountable for the accident. If you’re injured on a bus or hit by a bus, follow the steps below. Contact Emergency Services Your safety and other passengers’ safety are the immediate priorities following a bus accident. The driver should contact emergency services immediately, but if the driver doesn’t or can’t, call 911. Since buses are larger than many vehicles on the road and carry several passengers who are either standing during a collision or sitting without seat belts, a high likelihood of injuries can occur with these events. Document the Accident If you can, take notes about the events leading up to the accident. You should also take photos if safe to do so and collect the contact information of any witnesses. An attorney can help you gather other evidence, such as the police report, to help document the accident. Get Medical Attention Regardless of how you feel after a bus accident, seek medical attention. Even if you don’t feel hurt, you may have been injured, and the symptoms may not have presented themselves yet. When you visit a doctor, you’ll also get an official medical report. Documenting the extent of your injuries and demonstrating that you did seek medical attention are vital to securing compensation for injuries you experienced following a bus...What to Do If You’re Hit by a Drunk Driver
Being hit by another driver is a terrifying moment, and if alcohol was involved, it can be even more difficult to know how you should proceed. You’ll need to file an insurance claim just like you would in any other accident, but you should also consider working with an attorney. A specialist who is familiar with the laws in your state can help you navigate your insurance policy, seek a settlement from the other party’s insurance, and, if needed, take your case to court. Follow these steps if you’re in an accident involving a drunk driver. Call the Police You’re required to call the police and report an accident in certain situations, such as if a personal injury occurs or there is significant property damage. Regardless of the requirements in your state, however, having police on the scene can help you get insurance information and communicate with the other driver and witnesses. If alcohol is involved, the police report and the officer’s testimony will be vital evidence when you file a claim. Take Notes and File an Insurance Claim Once you’ve confirmed that everyone is safe and you’ve called the police, gather information about the accident. This should include taking photos of the damage and collecting contact information from the other driver and any available witnesses. You should also note the road conditions, the stop lights and other road signs you followed, and the other driver’s condition. You can then report the accident to your insurance company. Your insurer will provide compensation for repairs to your vehicle, medical expenses, and other related costs. Your insurance company will charge the...Spring Break Cruise – Steps if You’re Injured
Getting the care you need at home following an injury can be a difficult process. If you’re hurt while on a spring break cruise, you may have an even harder time understanding your health insurance coverage and getting the treatment that you need. If you’re planning on spending some time at sea this spring, make sure you follow these steps if you’re injured. Report the Accident From slips and falls to more serious events such as assaults, injuries do occur on cruise liners. No matter the severity or type of injury, your first step should be to report the accident to the cruise line as soon as possible. Before you leave the port on your trip, check the company’s policy for reporting and responding to an accident. Do your best to follow these requirements. Finally, take notes about what happened and keep all documents and information related to the injury, such as medical reports. Document the Accident As with any type of injury, you should document the event thoroughly as soon as it’s safe to do so. Take photos if possible, collect witness contact info, and record what led to and caused an accident. You should also note the company’s response and any treatment that you received. Your documentation may be used to help prove that the cruise line acted negligently and contributed to your injury. Seek Medical Attention No matter the severity of an injury, you should seek medical attention to help you document the accident and subsequent damages. Your initiative will also prevent the company from claiming that since you didn’t see a doctor, you must not...How Do Helmet Laws Affect Motorcycle Injury Cases?
Despite evidence that motorcycle helmets save so many lives, only 28 states have helmet laws on the books. Of these 28 states, only 19 require both the passengers and driver to wear helmets, while the other nine states only mandate that the driver wear a helmet. If you live in a state that has motorcycle helmet laws, it’s important to know just how it affects you in case of a motorcycle accident causing injury or death. Knowing the Law in Your State Whether you ride a bike or drive a car, it’s paramount to know every aspect of helmet laws because accidents do happen and you want to be aware of your rights. These laws can affect the outcome of any claims or damages you’re involved in. In 2010, Florida lawmakers amended the Florida Statute so that a motorcyclist may ride a bike without a helmet only under certain criteria. They must be over the age of 21 and have an insurance policy that provides at least $10,000 in medical coverage. If you don’t meet these requirements, it is the law to wear a helmet while operating or riding on a motorcycle. Personal Injury & Comparative Negligence Even if it isn’t mandatory to wear a helmet, if you suffered an injury while not wearing a helmet it can still impact a personal injury lawsuit filed by an injured motorcyclist. This usually falls under comparative negligence, meaning that both you and the other person involved in the accident are responsible for the injuries, often regardless of who actually caused the accident. Florida is a pure comparative negligence state, meaning that...What is Negligence?
Negligence describes a scenario wherein a person acts carelessly, which results in an injury or property damage to another party. It’s perhaps the most common of the personal injury lawsuits, but it’s also one of the most difficult to prove in a court of law. What Constitutes Negligence? Negligence is the failure to use reasonable care, resulting in damage or injury to another. The most difficult part of negligence cases is determining reasonable conduct. For example, a driver must exercise the same care that a “reasonable person” would in the same situation, which includes driving according to traffic laws and being aware of other drivers and pedestrians. If a driver fails to wear his glasses and injures someone, they can be considered negligent because a “reasonable person” wouldn’t forget to wear their glasses. Reasonable conduct is the basic legal standard for figuring out who is at fault. To ascertain reasonable conduct, both parties must analyze the circumstances of the incident and determine what a reasonable person would have done in the situation. Negligence and the Burden of Proof In claims that are a direct result of accidents or injuries, the burden of proof lies on the plaintiff. To win a case and prove negligence on behalf of the defendant, a plaintiff must prove duty, breach, causation, and damage. This essentially states that the defendant had a certain duty, broke the responsibilities of the duty, caused an injury or property damage, and are liable for damages. Criminal vs. Civil Cases and Negligence One aspect that makes winning a negligence case easier than a criminal case is that you don’t have to...Home Insurance and Personal Injury Claims
While home insurance policies will cover some personal injury claims, they don’t cover everything. Furthermore, the coverage that they do provide for personal injuries is limited to a certain amount, such as $100,000. Typically, a home insurance policy would kick in to pay for the personal injuries of another for which a member of that household was legally liable. The injury doesn’t necessarily have to occur on the property to be covered either. The existence of a homeowner’s insurance policy can affect a personal injury claim on both ends, whether you’re the plaintiff (the injured party) or the defendant. Understanding Home Insurance Liability Protection Home insurance liability coverage usually has two components: personal liability and medical payments. The personal liability portion pays for claims or lawsuits that are against you, and that stem from accidents (that you or a member of your household caused) on or away from your property, causing bodily injury to others. Personal liability will also cover property damage from such accidents. Liability coverage will pay for legal representation for you if you are sued by the injured party. Keep in mind, though, that this coverage does not apply to injuries caused by intentional acts, auto-related accidents, or business-related incidents. Depending on your policy, personal liability will typically provide at least $100,000 of coverage per incident. With most policies, no deductible is associated with personal liability claims. Medical payments coverage will cover the medical expenses of parties accidentally injured on the covered property, no matter whose fault it is, up to the policy limit. However, medical payments coverage does not pay for personal injuries to members of the household, nor...First Steps for a Traumatic Brain Injury Case
The moments following a serious accident are shrouded in panic. Whether you’re the victim or you simply witnessed a crime, you can easily forget how to respond in an emergency. However, the moments following an accident are often pivotal to the outcome of cases that are settled or go to court. This point is especially true in events involving serious damage to the brain. Symptoms of such harm may not manifest themselves for weeks, and individuals who fail to collect evidence or check in with a doctor may have trouble retroactively remembering these details and pursuing a personal injury claim. If you experience a blow to the head — whether as the victim or as a witness — follow the steps below in order to successfully pursue a traumatic brain injury (TBI) case. Record Details, Including Witness Contact Info Following an accident that causes injury, regardless of whether the damage was done deliberately, record as much information as possible about what happened. Take notes if you can. As you begin to document the event, keep the following details in mind: What happened: Document the nature of the event, such as a sports collision, a car crash, or a slip and fall. List all parties involved: You need the name of the victim and the person who inflicted the damage. Also get contact information from any witnesses who could confirm what happened. The victim’s symptoms: Physical symptoms of a TBI include loss of consciousness or a state of confusion or disorientation, headaches, and vomiting. Sensory problems and cognitive signs may also be present. Record details of these symptoms and any...How Snowbirds Increase the Risk of Car Accidents and How to Avoid Them
When winter arrives, many people visit the rest of Florida for warm weather and fun attractions. With several theme parks in the state, visitors come for the great fishing or relaxing on the beach. These visitors are snowbirds, travelers from colder climates. Unfortunately, they often cause increased traffic and raise drivers’ risks of accidents. Snowbirds may not be familiar with local traffic laws, and they’re more likely to be tired from a long drive or distracted because they’re not sure where they should go. Explore the following helpful tips for avoiding accidents with snowbirds. Don’t Exceed the Speed Limit Breaking the posted speed limit increases your fuel consumption and raises the risks for you, your passengers, and other drivers. Since people have less reaction time when they drive fast, they often have trouble braking and avoiding obstacles and other cars on the road. Always drive cautiously to prevent accidents. Instead of speeding, make sure you start with plenty of time to reach your destination and leave at least a few extra minutes for traffic. Be especially cautious after dark because headlights can only help you to see several feet in front of your car. Be Calm and Courteous If you become nervous, angry, or frustrated while driving, you could make a mistake and cause an accident. If you get stuck in traffic, relax and listen to some music or talk to your passengers while you wait and focus on driving safely. Avoid tailgating so that you have plenty of room to brake and prevent accidents. Be courteous, treat other drivers with respect, and make sure you report any suspicious...Why You Shouldn’t File a Personal Injury Claim By Yourself
Whether they think their case is simple or they’re trying to save money, some accident victims will try to handle their personal injury claim on their own. While their reasoning seems to make sense at first, they quickly realize the complexities of personal injury claims can get them in over their heads. Read below to discover why you shouldn’t file a personal injury claim by yourself. Preparing a Claim is Time Consuming When you represent yourself, you’re the one responsible for gathering all the evidence you need to support your case. This can include witness statements, police reports, repair estimates, photographs, medical records, and more. If you have a full-time job or family to take care of, you might begin to realize you just don’t have enough hours in the day to do all this work on your own. However, when you hire an attorney, you have someone who has the time and experience to gather the evidence you need. You Could Get a Low Offer Some insurance companies and defendants think that if you don’t have an advocate fighting on your behalf, you’ll likely get exhausted and frustrated with the system. They’ll present you with a low offer anticipating that you’ll just accept anything in the hopes of getting it over with, even if the offer doesn’t adequately compensate you for your injuries. Often, simply having a personal injury attorney will automatically get you a higher initial offer. You Need Good Negotiation Skills There will likely be several back-and-forth exchanges with the defendant’s insurance company during the settlement process. While some people are good at negotiating and don’t...Celebrity Personal Injury Cases
Personal injury cases happen to everyone, including celebrities. Though the parties involved can be tight-lipped about the legal proceedings themselves, news sources still manage to dig up interesting information about these cases. From falling through trapdoors to getting hit with falling backdrops, celebrities and those close to them have suffered some serious injuries in the pursuit of fame. Adrian Bailey vs. Disney In 2008, a cast member of the Broadway performance of “The Little Mermaid” fell through a trapdoor. Adrian Bailey, the injured party, broke his back, pelvis, sternum, wrists, and foot. He said that there weren’t warnings about the trapdoor, which could have prevented him falling through. Lawyers filed several lawsuits, including one against Nicson, the manufacturer of the automated trapdoor, and one against Disney. Nicson was found not liable because “human error” and not a design defect was the reason the trapdoor was open. Brett Michaels vs. CBS In 2011, Brett Michaels, lead singer of the band Poison, sued CBS and the Tony Awards for an injury he sustained during a show in 2009. During the Tony Awards that year, he was exiting the stage at Radio City Music Hall, and a backdrop came down on his head. Michaels ended up with three stitches in his lip and a broken nose. He said that, though he asked for details on how to exit the stage, he didn’t have the right information, which is why the backdrop came down on him. In 2010, Michaels had a brain hemorrhage and felt the 2009 injury was part of the cause. Neither party in the lawsuit would give details about the...The Hollywood injury attorneys at David W. Singer & Associates, P.A. handle all types of accident injury cases in Florida.
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