Lawyer Talk

Legal commentary provided by Attorney Randall Flagg


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Most Common Causes of Bicycle Accidents

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Highway traffic deaths have been declined in recent years, bicycle fatality rates have been increasing. Based upon information from the National Highway Traffic Safety Administration (NHTSA), the portion of bike, pedestrian, and other non lorry occupant casualties has increased from 13% of all deaths in 2003 to 17% in 2012.

In 2012, NHTSA information included on https://tjryanlaw.com/practice-areas/bicycle-accidents/ revealed that 726 bicyclists were killed in traffic crashes, a 6.5% boost over 2012. There were likewise 49,000 injuries, a 2.1% increase from 2012. Below are five typical reasons for bicycle mishaps and pointers to minimize your threat of a mishap.

1. Neglectful Riding/Driving.

Just as drivers are more sidetracked by gadgets in their cars, so are bicyclists. When you are on your bike, you never ever wish to take your eyes of the roadway in front of you. Nevertheless, too many bicyclists are looking down at their mobile phones, iPods, or other mobile innovation while riding. Texting, emailing, web surfing, and other mobile device use while in motion has become a severe public health danger.

2. Speed Too Quick.

While bicyclists generally don’t ride at the speed of cars and trucks, that does not imply they must ride as quick as possible. Severe injuries and deaths can be connected to the speed of travel. Other cars on the road, the surface, roadway conditions, and weather are all elements must be taken into account when determine a safe speed to take a trip while riding.

3. Riding too Near To a Lane of Automobile Traffic.

Chauffeurs should leave at least 3 feet from the largest point of both their vehicle and the bike. More than 20 other states need motorists to provide bicyclists 3 feet of space when in the exact same lane. Nevertheless, in Washington, only motorcyclists are needed to provide bicyclists 3 feet of area when passing in the same lane.

Bicyclists should never ever presume automobiles will leave them plenty of space to securely run their lorry. It can be safer to use a shoulder lane or walkway than the right edge of a highway. It’s also crucial to understand which stretches of Washington highways and highway restrict cyclists.

4. Intersection or Lane Merging.

Bicyclists are considered ‘cars’ in Washington. Under the law, they have the exact same rights and duties as automobiles. Nevertheless, the caveat is that bicyclists are required to stay on the right side of the roadway, unless turning, avoiding an object, or safety requires they ride in the center or left part of the lane.

Bicyclists should comply with traffic lights and stop signs and utilize signals when turning. Too many bicyclists are lost each year due to failing to follow the rules of the road.

5. Sidewalk, Car Park, and Driveways.

Pathways, parking lot lanes, and driveways have the tendency to be more confined than roads so there can be less time to prevent a mishap and a greater danger of event. Riding in these areas requires additional care and a pro-active method to foresee what might happen. You never wish to presume a car is stop when they should or is going to see you.

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Do Wrongful Death Cases Take a Long Time To Settle?

Every personal injury and wrongful death case is unique. While some may settle quickly—even in a matter of months—other personal injury or wrongful death lawsuits can take an average of one to four years to resolve. Even if your case does not go to trial, settling your case takes time (while we perform a thorough investigation of your case).

Sometimes, if you aren’t working with legal professionals, it is possible that a particular case will resolve quickly, especially if the insurance company offers a low settlement and that settlement is accepted by the injured party.

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We want to make sure that you receive the maximum value for your injury or loss. Therefore, our Chicago personal injury lawyers will never settle until we understand the extent of your injuries and the true impact of the defendant’s negligence.

What Is A Wrongful Death Lawsuit?

If you suspect that someone committed an action that prematurely caused a family member to die, then you should consult a lawyer. Wrongful death claims can be filed in addition to criminal charges. The criminal and civil charges are not connected to each other. A defendant may be found guilty in one case but not guilty in another. A defendant found guilty in a criminal case may face jail time or the death penalty, but when you file a wrongful death claim, all you can ask for is financial compensation.

What Are The Grounds For A Wrongful Death Lawsuit?

Generally, the grounds for a wrongful death lawsuit fall under negligence, reckless acts or intentional acts. Negligence can include things like driving under the influence, medical malpractice and not fixing safety issues in a building. Reckless acts can include things like drag racing and playing with loaded guns. An example of an intentional act would be murder. Consult a wrongful death attorney to find out if your grounds are good enough to start a lawsuit.

The Quick Settlement Process

Arguably, many insurance companies are interested in pushing a quick settlement forward because they know it’s in their own interest, particularly when it comes to injured victims who may not have discovered the full depth of their injuries, especially those that can be slower to surface. The risk here is that you may end up with additional medical and/or rehabilitation costs later on that are then not addressed by the settlement.

Once that an agreement has been reached, it can also take weeks to complete the entire settlement process; thus, in total, it can take at least a full month for all of the proper documents to be processed and for the funds to be divided out.

Many people are under the impression that a criminal suit is the only way to sue someone for a person’s death. However, that would be incorrect. A criminal lawsuit and a civil lawsuit are two entirely different matters as the world discovered during the O.J. Simpson wrongful death civil lawsuit.


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What To Look For When Evaluating Personal Injury Attorneys

Choose a lawyer who does Injury law specifically.

Lawyer’s who deal with divorces, trusts, wills or bankruptcies can be Jack of all trades but Masters of none. You run the risk of the quality of your representation if you select a lawyer that does not specialize in individual injury law.

If essential, Select an attorney who has a history of taking cases to trial.

Many if not most attorneys who advertise they manage accident cases have actually never seen the inside of a courtroom. They take your case, aim to push you to opt for a pittance. Insurance provider are very aggressive. If they know your lawyer doesn’t go to trial, that he’s afraid of the courtroom, they will make the most of this and make ridiculous deals or make little or no effort to settle your case. They understand your attorney is shooting blanks and that he will fold his hand … and pressure you to fold too when he sees the insurer isn’t going to budge. The insurance company understands it if your attorney isn’t really willing to put the case before a jury. and it will injure you.

Select a personal injury legal representative with a tested history of high decisions and settlements.

If you have a large case with serious injuries it’s essential to understand that your attorney can deliver a large decision or settlement. The Million Dollar Supporters is a popular organization of attorneys who have actually settled or attempted cases worth a million dollars or more. KaplunMarx is a great law firm as well.

Not every case deserves a million dollars, but if you have that sort of a case, make certain you have an attorney who can perform.

Work with an attorney who’s an active member of State and National Trial Legal Representative Groups.

Major injury attorneys collaborate with and gain from other outstanding personal injury lawyers. In today’s extremely challenging environment where insurance providers are not reluctant to utilize cheats and deceptive techniques to make injured individuals look bad, it’s crucial to be up to date, and to understand exactly what the insurance companies depend on.

Discover a lawyer who has adequate resources to take your case seriously.

When you hire a lawyer … look around. Does the lawyer have a line of credit or individual assets essential to correctly prepare your case? Severe personal injury cases are expensive to prepare.

If properly prepared, the expense in a single case can frequently go beyond $100,000+. Ensure your attorney has enough loan to have fun with the big boys.

The attorney should enable you to talk with his past clients if you ask.

If a lawyer is any excellent do you think he or she would have any issue with enabling you to talk with previous customers they’ve represented? Any attorney worth his salt has actually satisfied customers he’s not ashamed to enable you to talk with.

If a mishap attorney in Sacramento informs you he or she cannot allow you to speak with previous clients, you must think about thoroughly that perhaps there’s a reason for that … that perhaps they hasn’t done such an excellent job for those clients in the past.

Keep a legal representative who’s composed and lectured in the injury field.

Ask the lawyer you are considering working with about short articles they have actually written in the injury field and discussions they’ve given to other injury attorneys.

Have they had a public service TELEVISION program where they’ve spoken to the general public about accident matters. If the attorney has actually never ever written, never given presentations to other lawyers, never hosted a TELEVISION show … consider how much he likely understands about his field.


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Train Accident Lawyers to the Rescue!

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Whenever you’re distracted or overwhelmed of just what you need to do prior to a train accident, never ever think twice to seek a skilled KaplunMarx train accident lawyers that could help you understand your lawful civil liberties as well as alternatives. This lawful specialist knows every little thing about train mishaps throughout so there’s a big chance that you’ll prosper in your instance. He will absolutely work to the very best of his ability and through his devotion in applying the one-of-a-kind facts of your situation to the legal process.

When you’ve been through this traumatic experience, you have to focus your attention on getting your life back to its regular state. And also I assume this can be attained via the aid of a competent lawful counsel. You can anticipate him to lead you all throughout the entire legal process. Besides your genuine statements, you additionally have to prepare all the essential papers to sustain your insurance claim. Consequently, both of you work together in recognizing the best action that has to be required to achieve a winning case.

For you to be able to work with a top specialist in train accident laws is an advantage. Through him, you can anticipate for the best possible things to happen to your claim. As well as after having been into this difficult circumstance, you only are entitled to a top depiction in your instance. Thus, you have to be confident that you’re well-supported during this time around since you have a competent as well as an educated lawyer in your corner.

Indeed, if you have actually remained in a major train accident and you’re in need of lawful depiction, always make sure that your lawyer has vast experience and true commitment to his task. Both of these aspects are essential for a legal professional to possess. After all, he’ll be the one to install a strong, dexterous effort towards your success. Yet both of you have your personal duties towards the success of this goal.


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The Projected Fee of Hiring a Personal Injury Lawyer

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For many, how much it will cost for personal injury lawyer fees is among the most important facets of recruiting and employing an attorney. There is the inefficient fear of employing a personal injury attorney due to the fees that are needed to employ one. Will the cost of employing a lawyer out-weigh the return of the case? Can I afford to work with a lawyer? These are just a few of the many inquiries that a number of us must encounter when thinking about a lawyer. Rest assured that many personal injury attorneys will certainly approve a situation based on a contingency charge. So, don’t let this come to be the biggest factor in looking for justice in your personal injury case. If you truly have a claim and also you really feel that you are not being treated rather well, seek out the aid of a true legal professional.

The charges you’ll receive are quite easy to figure out. This is an established quantity of settlement that is due to the attorney if you, the complainant, are granted settlement from the case. This charge is only due if the case is won. However, with this claim, you could be in charge of certain fees connected with the instance such as a filing fee. The filing cost is paid to the court in which the instance is filed. This cost would also be due if the instance is not won. This tends to be a mute point since many personal injury situations never goes to court and results in being cleared up from court once both events involve an arrangement. Simply puts, no true cost would ever result before being charged. Be sure to constantly review this with your lawyer to make sure that you will understand and recognize all feasible fees.

The contingency fee is determined prior to the attorney accepting your injury case and you as a client. This charge differs among attorneys, in addition to, state to state. It usually ranges from 33 to 40% of the payment that is granted at the settlement (of course if your instance is won). There might be some flexibility with the fees that a lawyer charges. Some lawyers could enable you to negotiate with them in making a decision an equally agreeable price. Top rated injury lawyers’ fees tend to be non-negotiable. Nonetheless, it can’t injure to try and also negotiate their cost. The worst they could do is to say no. If you do not ask they will definitely not offer you a minimized rate. So, be sure to ask. You need to ask every lawyer that you interview so you can have no surprises when your case is completed.


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When Should I Employ An Injury Lawyer?

when to hire lawyerWhen must I work with an accident lawyer is a concern many individuals ask. After you have actually been hurt in a mishap, such as auto accident, bike or bike wreck, slip and fall, or other type or accident, you might question if or when you need to think about employing an accident lawyer. Your choice needs to be notified by the responses to a number of concerns. After you have actually analyzed each of them, you’ll have a much better concept about whether you need to keep counsel.

How severe is your personal injury?

Not all injuries will need making use of a legal representative. If your injury is small and you have the time to deal with the legal and insurance coverage claims by yourself, it is possible for you to settle your very own claim. It is very important, nevertheless, that you think about looking for aid from a lawyer for any injury that has discomfort that lasts for longer than a couple of days which needs treatment. The Kaplun Marx car accident page says that if your injury demanded hospitalization, surgical treatment, physical treatment, rehab, chiropractic work, plastic surgery or orthopedics, you likely have to have your case assessed by an injury legal representative, and they are right. When claims include considerable past and future medical expenditures, their worth can be considerably increased when you have excellent legal representation.

Do you think that your personal injury was brought on by another person?

If you think that your injury was triggered by another person’s neglect or that the death of your enjoyed one arised from another’s actions, it is essential to seek advice from an accident lawyer. Showing legal fault includes using particular requirements to the proof. In order to enhance your claim, it is essential to speak with an attorney as quickly as possible so that the crucial proof can be collected and protected.

Is an insurance provider representative calling you?

Insurance provider use adjusters and claims agents in order to lower their losses. They do so by reducing the quantities that the business pay in injury claims. If you are called by an insurance provider agent who asks you for tape-recorded declarations, medical records, your story, releases and other info, you need to inform them that you are getting in touch with a lawyer. Insurance coverage adjusters will typically aim to get you to make declarations that are eventually damaging to your claim, and you need to never ever sign releases without a lawyer’s evaluation. The releases insurance provider often request are blanket permissions that permit them to dig through your whole case history. The factor they wish to do this is so they can blame your injury on a pre-existing occurrence. This can lead to your claim’s worth being considerably decreased.

It is likewise essential for you to comprehend that the factor adjusters call you is due to the fact that their business thinks that you likely have a legitimate claim. They wish to get the details that they require in order to assist them with their objective of either decreasing your payment or rejecting all of it together. This holds true even when you are handling your very own insurance provider in a case including an uninsured driver. Do not succumb to their techniques and rather, talk to an accident lawyer.


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Rear- End Collisions – Liability and Settlements

rear-end-collision.jpgRear end collision is one of the most common types of road accidents in the United States. According to statistics from the National Highway Traffic Safety Administration or NHTSA, rear end collision road accidents comprises of nearly 40 percent of all the road accidents. That said, it is therefore important to know the circumstances that can lead to this type of accident in order to prevent it.

Rear end collision is the type of vehicular accident where one vehicle hits or crashes into the other vehicle’s rear end. In this type of accident, there are usually three scenarios that can lead to it.

  1. The first car suddenly stops to prevent an accident and the car behind did not stop fast enough or was too near to prevent a rear end collision even when the driver immediately notices the sudden stop.
  2. The car behind accelerates too fast compared to the car in front. Common reason for this is miscalculation of speed or inattention of the driver driving behind the first car, thus leading to a rear end collision.
  3. When a car backing up or driving on reverse hits the car behind. If the car that was hit was parked, then the fault is definitely on the driver of the car backing up, if the car hit is being driven, then the liability can be debated and would depend on the circumstances. For example, was the car driving on reverse had the signal on and did the necessary precaution to warm motorist? Was the driver of the second car hit because he was inattentive or busy doing something else, or was the driver driving at a fast speed and was not able to break on time?

As you can notice, on rear end collisions, it is on the burden of the person who rear ended the vehicle to prove that the fault is not his’/her’s. Unfortunately, laws and safety precaution always put the driver who rear ended to be at fault because of a basic reason, a person must drive at a safe distance from the vehicle in front of it in order to prevent this kind of accidents. That leaves inattention on the road while driving as the other reason for rear ending a car, and that is inexcusable either.

Rear end collisions can result to some serious injuries and if you are the one who is responsible for it, a personal injury lawsuit is almost always inevitable. Most of these cases are settled by making a payment for the damages that was incurred. A rear end collision settlement often covers medical expenses as well as pain and suffering, which means victims can expect a big payout if they suffered serious damages. Along with medical and treatment fees, lost wages and property damages, you must also pay for pain and suffering that resulted from the injuries. The more severe the injuries, the more amount you have to pay for the settlement. There have been a lot of cases where the aggrieved party seeks more settlement compared to injury incurred by faking some pain. That is one of the reasons why going to a doctor for immediate check up after the accident is always advised to immediately asses the injury. This is important as medical records are vital evidence used in court to determine the cost of settlement.