Posted on October 19, 2012 by Fast Lawsuit Team
Not all road accidents are caused by erring, drunk or inattentive drivers. A lot of road accidents are sometimes caused by poor road construction or design. The Department of Transportation, the local government and the state all work together to help ensure that the road is safe and hazard-free for not just for motorists, but it some cases, bicyclists and pedestrians.
Elements of good road design and construction
Countless hours have been poured in research and studies to find out what makes for good road design and construction. Of course, there are still other factors that come into play when it comes to road accidents, but proper road design aims to prevent or minimize the damage caused by human error or defective cars.
Here are some things that are needed for “safe” roads:
- The layout should provide adequate time for a driver to react (i.e. no unexpected turns, etc.)
- The layout should not be confusing
- The roads must have the necessary signs and warnings (i.e. notice of merging traffic, exit turn signs well ahead of the turn, etc.). These signs should be visible, especially at nighttime.
- The roads should be regularly maintained (i.e. traffic signs should be working properly)
- The surface of the road is skid-resistant
- Ditches should be a safe distance away from the road so that a motorist can pull off the road
- Entrance and exit ramps prevent the car from speeding up unnecessary and these ramps are not too steep
- The roads are free of obstruction
- There is an emergency call box each for a reasonable length of the road. This call box should be at a safe distance from the road
- Guard rails and median barriers should be in place whenever warranted
- Enough warning signs for ongoing construction jobs on the road or other obstructions
- The roads are designed with hazardous conditions in mind (i.e. snow, rain, etc.)
- Curves should provide adequate visibility, especially of vehicles going at the opposite direction
- Presence of lane guides, edge lines, botts dots or other road guides on crucial areas of the road
- There should be adequate drainage to prevent the roads from flooding and getting too slippery
- Lighting should be adequate so that the road and the signs are visible
If the absence of these elements resulted in the accident, there is cause to file a Dangerous Roadway personal injury lawsuit.
Who is liable?
Depending on the road, it may be the federal, local or state government that has jurisdiction with public roads. For private roads (such as those inside private properties, i.e. subdivisions, golf courses, etc), the entity who owns the road such as the homeowner’s association, the developer or the property management company may be held liable.
There may be occasions when the drivers themselves bear some responsibility for the accident. But, if the poor design and maintenance of the road had, to some extent, contributed to the accident, the entity in charge of the roads may also be sued for compensation.
Filing a Dangerous Roadway Lawsuit
If you are a victim of an accident caused by poor road design, you should contact a lawyer as soon as possible. When you are filing a personal injury lawsuit against a government entity, remember that there is a strict deadline (or statute of limitations) for you to file your claim. Once this deadline has passed, you can no longer claim for any damages. Filing a lawsuit against agencies of the government can be tricky – that’s what the phrase “fighting city hall” denotes.
To build a dangerous roadway lawsuit, you should be able to show that:
- The car accident is a reasonably foreseeable outcome of the way the road was designed or maintained
- The erring party knows or should have known about the hazard
- The dangerous condition of the road directly resulted in the accident
To build the case, you will need to gain documentation such as police reports, pictures of the accident, and witness statements. It will also be helpful to get the opinions of road design experts or even conduct a survey of the road.
This means that such a lawsuit can be costly and time-consuming. This is on top of the expenses you and your family are already facing due to the injuries you sustained. At this point, you may need to think about getting some help, especially with your finances. If a loan is out of the question, lawsuit funding can be the option.
Also referred to a lawsuit loans, lawsuit funding provides quick and easy cash at the time that you need it. Unlike “normal” loans, a lawsuit cash advance is based on the details of your case, and not on your employment standing or credit rating. Also, unlike a loan that you have to pay no matter what happens to your case, this is only payable when you win the lawsuit and it is settled.
The settlement loans enable you to continue on with the rest of your life, without much worrying about your finances. With providers such as FastLawsuitMoney.com, you can lodge your application and once it’s approved, you can receive the proceeds of the lawsuit funding in as quickly as 24 hours.
Posted on August 26, 2012 by Fast Lawsuit Team
Do you know that you can be held liable for personal injury due to a car accident, even when you’re not actually there at the time of the accident? It is important to be aware of your personal responsibilities with regards to the use of your car, especially by people other than yourself.
Ownership = Liability
The principle underlying one’s liability in this instance is that if you own a car, you are legally responsible for the acts of the person you allow to drive the car. In some states, the law does not even require you to have a “legal” relationship with the driver, as long as you give your permission to someone to use the car, you can also be held liable for his driving.
Here are some instances where liability can be placed in your hands, even when someone else is driving:
- Your kids. There are states where parents are held responsible for the negligent acts or hazardous driving of their kids. The way the law looks at it:
- You are responsible when you sign your minor child’s license application. Under the law, you are vouching for your child’s driving when you put your signature on the dotted line of the license application your teen submitted to the DMV.
- You are responsible when you put your car for general family use. When you buy a car and the keys hang where any family member can simply get it and take the car for a spin, you are liable, even if you have previously stated to your teen that he cannot use the car. This is based on the doctrine of “family purpose” – where, if the car is for the use of people in the family, and people in the family have easy access to the car keys, the car owner is liable for any mishaps involving family members driving the car.
- You are responsible if you let your “hot-rod” teen drive the family car. Teens can be reckless and prone to show off. They can also be excited about being able to drive for the first time and have very little experience being on the road. They also have a very high tendency to drive distracted (driving while eating, using the phone, etc.). The law will point out that you should have known this and should have withheld permission for your child to use the car and acted to ensure that the child cannot easily have access to its keys.
- Your employees. If you use the car for business purposes and your employee drives negligently and recklessly while he is performing duties related to his job, you are liable due to the legal theory of imputed negligence or vicarious liability. This can be the case even if your employer is not driving the company car, but rather, your own personal car if you let an employee use the car for business purposes. However, if the company vehicle was used by the employee outside of office hours for personal (and not company purposes) and the employer gets the car without permission, you are not considered liable.
- Anyone who can be considered unfit to drive. This can include a family friend, a neighbor, your baby sitter or just about anyone to whom you hand your car keys. Under the principle of negligent entrustment, the fact that you have entrusted your car to that person can make you liable.
Drivers who should not be on the road
Your part in the personal injury lawsuit is your entrustment of the car to someone who is negligent, incompetent or reckless. You should have known that these persons should not be behind the wheel, considering their physical or mental state. These include
- A driver who has had marks in his license. You can lend someone who has shown to be a negligent or reckless driver your car, but you are doing so at your own risk, knowing that should a road mishap happen with your car, you can also be held liable.
- A new and inexperienced driver. As with pilots who are required to log in a number of hours on a particular plane, you should think whether the driver has had enough time on the road for you to allow that person to drive without any supervision from an experienced driver.
- A drunk driver. Handing over your car keys to someone who’s had a few drinks too many makes you liable.
- A minor who has no license. Letting your 15-year old nephew have a joyride with your car is not just asking for trouble, but also asking to be part of a personal injury lawsuit.
- Elderly or sick driver. There is a joke about a grandfather sleeping peacefully while the other passengers were screaming during the car accident. It turns out that the grandfather was behind the wheel at that time. This joke is only funny in abstract but not in real life. Lending a car to someone who has vision and hearing problems, who have a slow reaction time, or who is sick to the point that it can affect his driving skills can be considered negligence on your part.
Thus, it is very important to carefully consider who you’re lending your car to. Before you turn over your car keys to someone else, be sure to think twice. The law can still judge you responsible even when you’re not behind the wheels.
Taking a Look from the Other Party’s Point of View
Chasing after the car owner is something that the victim can do in an effort to claim for compensation. More often than not, it is the car owner that has the insurance, as well as the money when a claim has reached the limits provided by the car insurance. Teens and minimum-wage employees, as well as drivers on a pension may be unable to pay the compensation that the victim is due.
While the victim is waiting for the lawsuit to settle, he can apply for lawsuit funding to help provide funds at a financially challenging time. This lawsuit settlement loan can provide funds for medical treatments, everyday household expenses, as well as covering other court-related costs.
If you have already filed a personal injury lawsuit, you can think of applying for a lawsuit loan from a reputable source, such as FastLawsuitMoney.com. Through the years, it has helped victims who have a pending personal injury lawsuit get the funds they needed so that they can continue to fight for the fair and just compensation they deserve.
Posted on July 26, 2012 by Fast Lawsuit Team
Vehicles have made transportation easier and more efficient. However, the very nature of its usage (driving at high speeds in the freeway, with other cars doing the same thing and in two directions) means that car manufacturers should make sure that the cars they produce are safe.
But, as Murphy’s Law states, whatever can go wrong, will. There are a lot of mishaps that can be traced to car defects. These defects include:
- Car alignment and balance that result in cars being more prone to turn turtle
- Weakened roofing that results in roof collapse and subsequent injury to the persons inside
- Defective fuel line or gas tank that may result in explosions or gasoline fires
- Seat belt defects
- Door latch defects
- Airbag defects
- Faulty brakes
- Unresponsive steering wheel
- Sudden surge in speed
When a manufacturing defect is discovered in a certain model, year or make, the car manufacturer has the responsibility to notify purchasers of a recall. In some instances, the National Highway Traffic Safety Administration (NHTSA) may also order car manufacturers to do a recall. The NHTSA is in charge of transportation safety in the country. Car recalls provide car owners with the opportunity to get a free fix for discovered defects.
These manufacturing defects may be present in cars manufactured under the same line, or cars with the same model, make or manufacturing process (including the equipment used). For a recall to be instituted, the defects pose a danger not just to the passenger but also to those around them.
Normally, an automobile is recalled when it, or one its part could pose a serious threat to passengers, and those around them. All recalls are not the same. There are some with minor or regulatory compliance issues that can be fixed easily with one trip to the dealer, but there are others that pose a threat to you, and your passengers if they are not fixed. Unfortunately, many safety recalls are due to the manufacturer’s policies of saving money by using cheapest parts possible.
If your vehicle or one of its parts has been recalled, your car manufacturer has a legal obligation to try its best to notify you and to fix the problem for free. Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall. Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses.
Under a safety recall, the car manufacturer needs to:
- Notify the public of the recall. The report must provide the public some key information with regards to the recall. This includes the type of defect covered in the recall, the danger the defect poses, the events that led to the decision to recall, when the recall will begin and end, as well as what options are available for the owners.
- Look for and notify owners of the car belonging to that model, make or year. The car manufacturer should make every effort to find the affected car owners and notify them about the recall. This is done by merging the records of the manufacturer with the state vehicle registration records to get a list of the people who bought the car. If there is no information on some buyers, the manufacturers should also try to obtain the said information from their distributors. Then, the manufacturer should send a notification letter, containing the same information as the one that is stated in the public notice.
The options can include:
- Free repair or replacement of the defective part
- Repurchase of the car
- Car replacement
However, if the car is already ten years old or more at the time of the recall, it is not entitled to the free remedy provided. In other words, any repairs made to fix the defect will be shouldered by the owner. Also, if the car owner had repairs made on the car to fix the defect before the recall went out is not entitled to reimbursement (although one can try to apply for the reimbursement since most car manufacturers may honor the reimbursement request).
Filing a personal injury lawsuit against the car manufacturer
If you are injured due to a defective car, you can file a lawsuit against the manufacturer of the car, especially if there was no recall announced. It is best to contact a lawyer experienced with filing defective car personal injury lawsuits, since these kinds of lawsuits are complicated and very technical.
While you are waiting for the lawsuit to come to a settlement, you may be at a loss as to what you can do to fund your needs, as well as your medical treatments. You can turn towards lawsuit loans to help provide financial relief from the pressing needs of your injury, and the negative impact it as on your family’s finances.
Lawsuit funding can provide a timely lifeline, even as your lawyer negotiates a fair settlement for the suffering and injuries you sustained. The lawsuit cash advance will enable you to give a firm “no” to the car manufacturer’s possible efforts towards lowering the settlement amount, especially if they know that you have an urgent need for cash.
Settlement funding is non-recourse funding. Unlike a loan which requires you to be employed and in good credit standing, settlement funding will be based on the strength of your case and the possibility of a settlement. That means that you are not obligated to pay back the loan when the lawsuit fails to settle. One reputable provider of settlement advance is FastLawsuitMoney.com, which has a streamlined applications process to ensure that you get the money in as quickly as 24 hours after the application is approved.
Posted on October 8, 2011 by Fast Lawsuit Team
Back injury claims are one of the most common lawsuit claims involving car accidents. And the back is particularly susceptible to injury during a car accident. By “back”, we refer to the middle and lower spine, as well as the tissues and muscles that surround it. Injuries in this area may range from mild to severe. Back injuries usually result from trauma or from a degenerative process that is triggered by trauma – the trauma in this case would be the collision or car accident.
The back usually bears considerable impact in a collision, even if the passenger or driver is wearing his or her seatbelt. For instance, the body may be thrown to and fro as a result of a collision and this “shaking” may cause damage to the back area. There are also instances where the back is damaged due to a direct impact with a car.
Types of Back Injury Claims Resulting from Car Accidents
The following are the kinds of back injury claims in car accident lawsuits:
- Minor Back Injury. Muscle strain or injury, as well as damage to the spinal disc/s where the pain may last from two to five years. Surgery is usually not needed in this injury.
- Back injury that requires surgery. This moderate kind of back injury usually results from damage to the spinal cord and will require surgery. This may also include a condition where the spine aged prematurely as a result of damage sustained during a car accident.
- Serious or life-threatening back injury. This kind of injury may result in a permanent disability where organ function is impaired – there are problems with regards to the functions of the bladder, the bowel and even the sexual organs. This kind of injury may even lead to permanent paralysis.
Items included in the claim:
- Hospital and doctor’s expenses. This includes expenses for your hospital stay, doctors’ fees, diagnostic and lab fees, payments for x-rays and CT scans.
- Rehabilitation expenses. These involve expenses related to therapy, as well as of adapting your home environment to your injury.
- Other losses resulting from the injury. This includes days of work lost or job lost due to the accident, incidental expenses during a hospital stay (food expenses, transportation expenses, money to pay for housekeeper/child care while primary care giver is in the hospital).
- Compensation for pain and suffering. In some states, compensation for this may be included in the lawsuit filed. There is no set amount for compensation (and sometimes the judge or jury will determine the amount of compensation), although some states post a limit as to how much compensation should be awarded.
The insurance company of the party at fault will look at the evidence you hold and provide you with a settlement offer. Usually, if you don’t have legal representation or don’t know how to negotiate, the other party may try to settle the claim for a much lower amount.
However, it will be helpful to know that the amount of the claim will be based on the following factors:
- Who is at fault and what level of fault is attributed to each party
- The extent of the damage caused by the car crash
- The severity of the back injury and other injuries sustained
- The amount of physical damage suffered and whether these are temporary or permanent
- The number of days of work missed, as well as the kind of job that may be lost because of the injuries
- How the quality of life will be affected by the injury
- What actions you have made after the accident to minimize the injury sustained (Did you immediately go to the doctor? Did you have tests taken? Did you ignore the symptoms of the injury until it resulted in further injury?)
When you suspect a back injury
It is important to seek medical advice and attention immediately after a car accident or collision. You may not readily notice the effects of a back injury (especially if you used painkillers right after the car accident). The doctor will be able to assess any damage incurred during the collision by taking x-rays, or ordering a CAT scan or MRI.
Back injuries may be a challenge to prove during a car accident lawsuit claim. But there is quite a number of successful back injury claims. However, it is important to note that the legal process of negotiating with the party at fault, filing the lawsuit, presenting the case and awaiting the judgment and settlement may be a long and drawn out process. In the meantime, you may have to spend for your back injury treatments, as well as for other court-related costs. Perhaps, during this time, your back injury may have resulted in your not being able to get back to work. You may not just be losing income but your job as well. During this time, you may be faced with mounting bills and debt, without any income in sight.
This is where lawsuit funding can help. Lawsuit funding will enable you to continue with your back injury lawsuit claim and fight for the compensation that is due you. The proceeds from the settlement funding will help tide you over until you are finally able to get the settlement for the lawsuit. You are able to pay off any debt, spend for your treatment and fund any court-related costs without having to reach deeply into your pockets (or taking off a second mortgage on your home).
Lawsuit funding, which is often referred to as lawsuit loans, helps you stick it out instead of being tempted to accept a lowball settlement offer from the other party just to get your claim over and done with.
For fast and easy lawsuit loans, you can go to a reputable provider, such as FastLawsuitMoney.com. We specialize in providing settlement loans after we are able to evaluate your case. Don’t worry – settlement loans are provided not based on your employment record or your credit history, but on the merits of your case.
Posted on October 5, 2011 by Fast Lawsuit Team
Rear-end collisions. Head on collisions. Car accidents involving pedestrians or bikers. Traffic accidents involving delivery trucks, motorcycles and public utility vehicles. Car accidents come in many kinds. If you are a victim of one and the accident is caused by another party, you are well within your rights to demand compensation for the personal injury and damage to property you have incurred.
When filing a personal injury claim, here are some dos and don’ts for you to remember to make sure that you get the most out of claim and that your personal rights are protected.
- Go to the hospital. You may be held liable for not acting to prevent the injury from taking a turn for the worse. Seeking medical attention will show that you have indeed suffered a bodily injury and have done your part to minimize the damage sustained.
- Get in touch with your insurance company right after the injury or the accident as soon as you are able and you don’t have any serious conditions or injuries that prevent you from doing so. Your insurance company requires notification. It may be the first in line to pay for your injuries, and, after you have made your settlement with the other party’s insurance company, you will have to reimburse your insurance company for the money they spent on the treatments.
- Keep documentation of the accident. This includes police reports, witness statements and medical records. Save the bills and receipts of your medical and injury-related expenses as well.
- Do keep a written record of your contacts with insurance companies, their representatives and other pertinent personnel that may be involved in the claims process. If you make a call to the insurance company, be sure to jot down the essence of the call.
- Immediately after the car accident, make statements that you’re ok and that you don’t have any injuries. The other party may use this against you. Please note that some injuries (especially back injuries) may not be immediately felt but will be manifest in the next days.
- Don’t admit any kind of liability – just give the facts of the incident. The police and insurance investigators are the ones tasked to determine who is at fault in the accident.
- Give in to the temptation to add to reports and statements. Being less than honest with your legal statements may jeopardize your claim – you may even be held liability for claims insurance fraud for posting false reports.
- Give anything in writing or sign statements provided by the insurance company or its representatives. Be sure to understand what the other party is asking you to sign or get legal representation.
- Allow the statute of limitations to run out on your claim. Each state has a given time limit as to when you can file your claim. Once this statute of limitations has run out, any liability the other party has on you with regards to your personal injury will be forfeited. This means that their insurance company does not have to pay you anything unless you file a claim or lawsuit prior to the expiry of the statute of limitations.
- Assume that the settlement offer provided by the insurance company is the last word or the final amount. Expect the first offer is a lowball offer. The settlement is still subject to negotiations. Also make computations of your own based on your actual losses. This includes past, present and future medical expenses, bills for therapy, adaptive equipment you may need to install in your home and vehicle, as well as loss of income or loss of job. Estimate these losses and other incidental expenses that may arise out of the injury (i.e. the need to hire household help or child care, transportation expenses going to and fro the hospital during the medical treatment).
If you are pressured to accept the first offer the other party presents because you need to pay for your medical and everyday expenses, you should first consider how much your claim is actually worth had you went through a personal injury lawsuit. This will prevent you from jumping at the first offers of the other party.
If you are ready to file a personal injury lawsuit, you should consider getting lawsuit funding. The process of this lawsuit or settlement funding will provide you with ready funds to cover court-related costs, medical treatment and therapy and family’s needs.
Don’t be afraid to ask for a lawsuit loan since this will help you resist the temptation of accepting a settlement offer for an amount that is considerably lower than what your claim is actually worth. The processing of the lawsuit settlement loan will require your attorney’s cooperation. All relevant documents will be reviewed to see your eligibility for a lawsuit loan.
Posted on August 2, 2011 by Fast Lawsuit Team
A car accident happens for so many reasons – recklessness or carelessness, a driver’s inexperience, driving under the influence, fatigue and stress, disregarding traffic conditions, a poorly maintained vehicle, a slippery road, texting while driving, driving under poor weather conditions and much more.
No matter how careful you are with your driving, this is no guarantee that you are safe on the road. Sometimes, you are involved in a car accident lawsuit not through your own doing, but due to the other driver’s fault. If you are lucky enough, you may escape with just a dent on your car or a few scratches. But sometimes, the results may be catastrophic – a serious physical injury or even death. Some physical damages may include injuries to the head, neck, back, spine and limbs or damage to the limbs that may necessitate amputation.
Often, the losses extend to your finances. Your physical injuries may result in your taking time off to be treated and for recovery. You may even have to stop working. It will also mean having to face medical bills, as well as bills for physical therapy, medication or even to equip your home with adaptive equipment. On top of this is the pain and suffer you will have to endure due to your injuries.
If you are a victim of a car accident, you will find that you may be in for a long and bumpy ride ahead. Claiming the right compensation for your physical injuries will take a long time. For one, you may have to press a lawsuit against the other party – and their insurance company. A lawsuit is often a long, drawn-out process.
Your lawyer will need time (and funds) to show that the other party is indeed liable for your injuries. He will need to interview witnesses, get proof of what happened during the accident and pay for necessary court costs.
You may be tempted to settle for an amount prior to filing a lawsuit, but more often than not, the offers are usually smaller than what you should receive given your circumstances. And even if the amount is able to cover your current medical and recovery expenses, it may not be enough to cover future medical bills involved in your full recovery.
During these circumstances, one option you can look into would be lawsuit funding.
How lawsuit funding can help
Settling for a lower offer for your personal injury due to car accident may be tempting, especially if you are running low on funds. You can’t afford to wait for the settlement to come because you need the money to be able to meet your bills and your family’s needs. And this is where an advanced lawsuit settlement funding can help. Lawsuit settlement funding works by providing you with cash you need at a difficult time – that is, before you are able to settle your lawsuit. It is like lawsuit settlement loan, however, you don’t need to show your credit history or your employment records. Rather, the funding is based on how strong your car accident lawsuit is.
This lawsuit settlement advance comes as a lifeline during a trying time. The cash you get from the car accident lawsuit funding can help pay for medical bills, the family’s day-to-day needs, expenses needed to build up your lawsuit and settle other obligations. This is especially true if you can’t get a loan anywhere else.
What happens is that you only need to pay back the money when the lawsuit is won and settled. This is because lawsuit settlement funding is non-recourse funding, meaning, if the case is lost, you don’t need to pay anything back.
Another advantage of lawsuit funding is that it provides you with the capability to negotiate with the other party without being tempted to accept a lower than acceptable offer due to the fact that you are in dire need of money.
Personal injuries from a car accident can seriously disrupt your life. With the help of lawsuit funding, you can pick up the pieces and get on with your life. FastLawsuitMoney.com is one reputable source of lawsuit funding.
FastLawsuitMoney.com has been in the business of providing lawsuit funding to those who need it. And it’s surprisingly easy to get the funding. With FastLawsuitMoney.com’s streamlined applications process, you can get your funding in as quickly as 24 hours as soon as you are considered qualified for the funding.