Special Issues in Auto Accident Litigation

by Manny Salvacion

Special issues arise out of auto accident litigations that often make matters more difficult and complicated. In some cases, potential third parties could come up in a case to account for the injuries incurred by the accident victims. Other times, liability in an accident may fall on the manufacturer for defects found in a vehicle.

With all these things in mind, several issues must also be taken into consideration with the assistance of a professional auto accident lawyer in order to litigate a case thoroughly.

Here are several accident situations that may arise out of an ordinary auto accident case and which could affect the litigation proceedings:

• Hit-and-run accidents �" These cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.

• Car-Pedestrian accidents �" These cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the pedestrian’s conduct or actions may also be faulty.

• Car-Motorcycle accidents�" Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.

Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.

• Car-Bicycle accidents �" like the car-motorcycle collisions, the rider is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist.

The car driver’s arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle’s speed. On the other hand, some bicyclists also engage in some dangerous activities while on the road. Some of the common violations involve ignoring traffic signals and riding on the wrong side of the road. These actions can lead to possible accidents.

• Accidents involving buses �" The sheer mass and size of typical buses make accidents a serious matter that could attract attention. Added to this, bus passengers are most often unrestrained, causing more victims to suffer injuries.

Other car accidents, which involved special issues, also include the following:

• tractor-trailer and semi-truck accidents

• vehicle modifications involving after-market parts

• road debris accidents

Determining who is at fault in most accidents would need sufficient knowledge of local, state and federal accident laws. Apart from these, other related issues and factors may come into play which could alter the outcome of an auto accident case.

Pursuing a claim in auto accidents will require the skills and experience of a lawyer. Because of the complex nature of most accident cases, it is important to get the services of a personal injury lawyer who specializes in auto accidents cases to help you obtain proper claims for your injuries.

For better chances of biggest amount of recoveries from your claim, hire the services of our personal injury lawyers who are experts in handling auto accident cases.

About the Author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Key Litigation Issues in Motorcycle Accidents

by Manny Salvacion

Motorcycle accident litigation often involves issues like traffic and registration law compliance, medical expenses, and liability determinations. These are the common elements considered in litigating this sort of accident.

Most states have their own laws regarding traffic and safety in motorcycle riding. These often include the helmet law and other special laws. In California, for instance, motorcycle accident law permits lane splitting, a practice that allow motorcycle riders to pass between cars or vehicles.

In most states, road rules are contained in the vehicle code, which are designed to give drivers a guideline to follow in avoiding accidents. The vehicle code also contains the list of common road violations and their corresponding penalties.

To better understand how claims litigation is done in a motorcycle accident case, it is essential to know, the main issues in question during accidents.

In most motorcycle accident cases, the two main points of contention are:

• the liability between the parties involved

• how to compensate the party not at fault

Liability for causing of the accident

In any vehicle accident, liability means driving into, or striking someone, or some thing, because you were not obeying the rules of the road. Violations of vehicle laws do not necessarily lead to civil liability. To be held liable, the violation must cause or contribute to cause of the accident or injury.

Once liability has been determined based on violation of statute or laws of the road, and the violation resulted in an accident, a lawyer will then analyze the facts and look for any contributing factors.

Comparative fault

The law of comparative fault means each party will pay for their share of the accident that they caused by not following the rules of the road.

Each accident is different and requires first a study of the applicable statutes, then the facts of each accident. It is also important to combine all the investigation with this.

Once liability is established and the amount of comparative fault is determined, then the victim, who is non-negligent or partially negligent, is entitled to damages in accordance with what they did not cause.

Damages in motorcycle accidents are categorized into five main types:

• Property damage - Damage to the motorcycle or vehicle, rental, storage, and personal items lost or destroyed

• Personal injuries - Medical expenses incurred and "substantially" likely to occur

• Wage Loss - Lost income or earning capacity, use of vacation, or sick leave

• Other Miscellaneous - expenses to the doctors, medications, special medical devices, etc

• Pain and Suffering - amount designed to compensate you for pain, your personal suffering, inconvenience, and fear, etc.

In litigation, the client will be working closely with the accident attorney in three areas:

• Interrogatories �" These are methods of verifying bills, claims of injury and damages under the so-called ‘verification of accuracy’. The client must provide all the information needed in response to the specific questions asked. It is better to be overly accurate than not accurate. He should answer all questions fully.

• Deposition - A deposition gives the defendant the opportunity to evaluate his claims, personality and effectiveness in facing the trial procedures.

• Offers: Offers are money for settlement given by an insurance company. Treat offers as if you are negotiating a business deal. Always communicate your opinion of any offers to your attorney.

Litigation in vehicle accidents often requires the skills of a competent motorcycle accident litigation attorney. A knowledgeable attorney who has litigation experience in motorcycle accidents cases can improve your chances of getting the rightful claim that you deserve.

For an effective approach and pursuance of your motorcycle accident claim, hire the services of our credible litigation attorneys and we pledge to exert all our efforts to win your case. We also provide {a href= http://www.personalinjurydefenders.com/}free case evaluation for our clients.

About the Author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.