Archive for the ‘Westport Personal Injury Attorney’ Category

Distracted Driving in Connecticut

November 18th, 2015 at 7:00 am

distracted driving, Westport Personal Injury LawyerEvery year, thousands of people are seriously hurt in car accidents caused by distracted drivers. Connecticut has passed laws to try and make the roads safer by punishing drivers for not paying attention. One of the most common distractions is the use of cell phones by drivers.

Connecticut’s Distracted Driving Laws

It is against the law in Connecticut to do anything while operating a motor vehicle that distracts the driver from his or her duties. This can include anything from a car radio to a cell phone.

Connecticut has passed special laws to deal with the problems of cell phones. Connecticut drivers cannot use a handheld cellphone while driving to talk or to text. For most drivers it is okay to use a hands free device such as a Bluetooth headset.

Novice drivers cannot use a cell phone in any way while driving, except to make an emergency call. This ban includes hands-free devices. Bus drivers are also prohibited from using a cell phone, even with a hands free device, while driving a bus.

Keeping Yourself Safe

Studies have shown that driving takes a lot of mental focus. Cell phones have been shown to reduce a driver’s ability to focus by more than 30 percent. There is some evidence showing that even when using hands free devices, a driver’s focus is still compromised.

Distracted drivers are more likely to be involved in serious accidents where they are injured.

The best way to keep yourself and your family safe while on the road is to hang up the cell phone. Even if you are allowed to use a hands free device, talking while driving may still be putting you and everyone else on the road at greater risk.

When you are on the road, do not do anything that will take your focus away from the safe operation of your car.

Distracted Driver Liability

It is increasingly common for cell phone records to be examined in car accident cases. If you are involved in an accident and your records indicate you were on the phone at the time of the accident, even if you were on a hands free device, you may be found to be at least partially responsible for the accident.

If you or someone you love has been hurt in a car accident, consult with a seasoned Westport personal injury lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today. You may only have a short period of time to protect your rights.

Source:

http://www.ct.gov/dot/lib/dot/documents/dtransportation_safety/distracted_driving_prevention/distracted_driving_fact_sheet_jenrev__2_.pdf

Uninsured and Underinsured Motorist Case: Taking on Your Own Insurance Company

November 4th, 2015 at 7:00 am

underinsured motorist case, personal injury claim, Westport Personal Injury LawyerOne of the few factors that can make a car accident even worse is finding out that the person who caused the accident was not insured.

Even though Connecticut drivers are legally required to have car insurance when operating a motor vehicle, many still drive without insurance. Drivers may have insurance; however, their coverage may not be enough to cover all of the damages they caused. In cases like these, you may have to turn to your own uninsured or underinsured motorist policy for protection. Sometimes, this means fighting with your own insurance company about your damages.

How Uninsured and Underinsured Motorist Policies Work

When buying car insurance, you have the option of adding protection against other drivers who either do not carry insurance or do not have enough insurance to cover all of the damage they cause. This usually only costs a little extra a month.

In a typical car accident when the other driver is at fault you file a claim with the other driver’s insurance company. When the driver does not have insurance, or the insurance is inadequate, you file a claim with your insurance company under your uninsured or underinsured motorist policy.

On the surface, things should work the same way they would if there was another insurance company involved. However, some policies have obscure provisions that can make getting your compensation tougher than expected.

What You Must Prove to Make a Successful Claim

Insurance companies are not in the business of paying more money than they have to. Even your insurance company may try and find reasons not to pay out your claim, or to pay out less than you deserve.

If you want to make a successful uninsured or underinsured motorist claim you will need to prove:

  • Who was at fault for the accident;
  • You suffered injuries because of the actions of the at fault driver;
  • The amount of damages you suffered as a result of the actions of the other driver;
  • That no other at fault driver has insurance that you can make a claim against; or
  • That all other insurance has been exhausted.

Personal injury law is complicated. The insurance adjustor handling your case has likely dealt with hundreds, if not thousands, of car accidents. You need to get help before making an insurance claim.

If you or someone you love has been hurt in a car accident, protect your rights and contact a knowledgeable and experienced Westport personal injury lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today.

Source:

http://www.ct.gov/cid/cwp/view.asp?q=254618

NSC: 2015 May be Deadliest Driving Year since 2007

October 26th, 2015 at 7:00 am

deadliest driving year, Westport Personal Injury AttorneyThe first six months of this year has put 2015 on its way to being the most deadly driving year this country has had since 2007, according to statistics recently released by the National Safety Council (NSC). Between the months of January through June, there were almost 19,000 people killed in vehicle accidents. Another 2.2 million were injured.

Secondary to the tragic loss of life in these accidents is the increase in costs. The financial toll has spiked almost 25 percent higher than last year, with fatalities, injuries and damage to property already hitting $152 billion.

Two factors were cited as possible reasons for the increase. Lower gas prices—30 percent lower than last year—mean more people are on the roads. A lower unemployment rate also means an increase in vehicles on the road. People are better able to afford to travel and take vacations.

The NSC recommends that drivers take the following steps to ensure everyone stays safe on the nation’s roads:

  • Insist that all passengers—including the driver—use their seat belts every time they get in the vehicle, no matter how short the trip. In fact, statistics show time and time again that the majority of vehicle accidents occur less than five miles from home.
  • If you are going to a place where there will be drinking, make sure to have a designated driver. Never assume you are okay to drive after having any amount of alcohol. One in three traffic fatalities occur in alcohol-related crashes.
  • Prior to driving, make sure to get plenty of rest. If you are feel drowsy while behind the wheel, pull over to a safe spot. Drowsy driving can be just as dangerous as drunk driving. Estimates indicate that approximately 5,000 fatal crashes happen every year because a person was driving when he or she was too tired and should not have been behind the wheel.
  • Do not use a cell phone while driving. Even using a hands-free device can still cause enough of a distraction for a driver to take his or her eyes off of the road.

If you have been injured in a vehicle crash caused by a negligent driver, please contact an experienced Westport personal injury attorney to find out what legal recourse you may have for your pain and loss.

Sources:

http://www.nsc.org/NSCNewsReleases/Lists/Posts/Post.aspx?ID=64

http://www.drivingtoday.com/features/archive/crashes/index.html#axzz3nKPT3vvf

http://www.madd.org/drunk-driving/about/

http://www.cdc.gov/features/dsdrowsydriving/

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