Author: Admin

How Cell Phone Use Has Impacted the Rate of Auto Accidents?

How Cell Phone Use Has Impacted the Rate of Auto Accidents? | The Personal Injury Blog

Cell phones have ballooned in popularity over the last decade. Not surprisingly, so have concerns regarding distracted driving and the role that these ubiquitous electronic devices may have in causing a variety of motor vehicle-related accidents. A significant body of research – conducted under both experimental and on-the-road conditions – has demonstrated that using either hand-held cell phones or hands-free cell phone devices can lead to driving practices that can undermine safe driving. Unfortunately, the extent to which cell phone use while driving increases the risk of accidents has been difficult to determine, due in part to the fact that police crash reports are not reliable indicators of whether or not drivers were using a cell phone at the time a crash accident attorneys

Nevertheless, a number of important studies have demonstrated that operating a cell phone while driving significantly increases the risk of a crash. A study published in the prestigious New England Journal of Medicine found that the risk of experiencing a collision while actively using a cell phone was four times higher than the risk when a phone was not actively being used. A more recent study published in the British Medical Journal also reached similar conclusions, demonstrating a four-fold increase in the risk of a crash when cell phones were used within the 10 minutes prior to a crash occurring. According to recent statistics published by the National Transportation Safety Board (NTSB), 13.5 million drivers are simultaneously using cell phones at any given time during daylight hours. In addition, the NTSB documented that close to 3,100 roadway fatalities in 2010 involved distracted drivers. The National Safety Council estimated that 23% (1.3 million) of all crashes that occurred involved the use of cell phones.

Citing the epidemic magnitude of cell phone use while driving, legislators on both the federal and state levels have worked tirelessly for many years to pass bans on cell phone use while driving. 25 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit all drivers from using hand-held cellphones while driving. No state bans all cellphone use for all drivers, but 36 states and D.C. ban all cellphone use by novice or teen drivers, and 18 states and D.C. prohibit any cellphone use for school bus drivers.

Bans on texting while driving have also soared as text messaging has become a more widely used method of communicating via cell phone. In fact, 48 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers.
Missouri prohibits text messaging by drivers 21 years old or younger. In late 2011, the NTSB publicly recommended a nationwide ban on the use of cell phones and text messaging devices while driving. In doing so, however, the NTSB cautioned that such bans will not entirely solve the epidemic problem of cell phone use while driving, and emphasized that educational campaigns and strict enforcement would also be required to achieve success.

Despite increasing efforts by municipal, state, and federal governments to implement bans related to the use of cell phones in automobiles, recent evaluations of the impact of such bans on the rates of automobile accidents have produced conflicting findings. A study by the Highway Loss Data Institute found no reductions in crashes following the implementation of hand-held phone bans. For the purposes of that study, researchers compared insurance claims for crash-related damage in New York, the District of Columbia, Connecticut, and California in the months prior to and after bans took effect. They found that claim rates remained steady when compared to nearby jurisdictions that did not have similar bans. On the other hand, some researchers have found evidence to support the effectiveness of cell phone bans while driving. A study conducted in New York found that following the enactment of a statewide usage-ban law, 46 New York counties experienced a decrease in rates of fatal accidents, 10 of which were statistically significant. Furthermore, this study also found that all 62 counties in New York experienced lower personal injury accident rates following the implementation of the bans.accident lawyers - phone usage while driving

Adding further controversy to the issue surrounding the effectiveness of talking-while-driving bans are the findings of a recent study conducted by researchers at the prestigious Massachusetts Institute of Technology. The results of this study found that even when they are not using their cell phones, individuals who are prone to use their cell phones while driving are more likely to drive aggressively, drive at faster speeds, and change lanes frequently, in addition to accelerating and braking more rapidly than drivers who refrain from cell phone use in their car.

If you or a loved one has been a victim of an auto accident a personal injury attorney can be instrumental in ensuring that the interests of the injured party are served, and that appropriate compensation is received. Personal injury attorneys can work to obtain relevant corporate and government inspection records needed to help determine liability, assist with connecting injured clients with appropriate and highly qualified medical specialists, and even reconstruct the auto accident using high-technology methods. In doing so, auto accident attorneys can help their clients identify every individual and/or company that is liable, and give their clients the greatest chance to recover appropriate damages for their injuries.


January 13, 2021

Answers To Your Questions About Car Accidents

This page features answers compiled by our Accident Attorneys regarding concerns common to most accident claims. The information on this page serves as a starting point for learning about your legal rights.

How do I know if I qualify to file an accident claim?

Generally, persons and families members of persons who have been harmed at no fault of their own will qualify to file a personal injury claim. This includes instances of dangerous drugs and medical devices, defective products, claims related to premises liability, and injuries sustained during motor vehicle accidents. Only by discussing the details of your case with you can we give you specific advice about your legal rights.

car accident attorneys
Personal Injury

Is there a fee to have my Accident case reviewed?

Anyone who believes they may have grounds for an Accident lawsuit qualifies for a free case evaluation. Simply call our office for an appointment and one of the attorneys will listen to the details of your situation, answer your questions, and give you their analysis of your case – completely free of charge and with no future obligation.

How much does it cost to file an accident lawsuit?

Our personal injury attorneys work on a contingency basis, meaning there are no legal fees for their work unless they win compensation on your behalf. Throughout the legal process, clients have no out-of-pocket expenses.

What are the benefits of filing an accident lawsuit?

No lawsuit can reverse a serious injury or wrongful death. Accident lawsuits can win significant compensation for a victim and their family. We do not pretend that money equals justice, but money can make life easier to live. When a catastrophic injury takes place, it is difficult to project the long-term expenses a victim may accumulate, including medical care, rehabilitative services, lost income, necessary remodeling to accommodate disabilities, and other unforeseen costs. Filing a personal injury lawsuit is a step toward securing your family’s financial future and reestablishing control following a traumatic event.

What should I look for in an Accident Attorneys?

Our Accident Attorneys pride themselves on providing excellent legal services accompanied by superior customer service. We place our clients at the heart of our work, aware that alongside an Accident lawsuit, families are coping with a variety of other circumstances related to the accident or injury. By maintaining clear lines of communication and operating with a sense of empathy for your circumstances, we enable families to regain control of their future.

What do your Accident Attorneys do to earn a client’s trust?

From our first contact with our clients, which is usually a complimentary case evaluation, we endeavor to maintain clear, frequent, and open communication. By keeping clients up-to-date on the progress of their case, answering questions as definitely as possible, and maintaining open lines of communication, we endeavor to earn and keep our clients’ trust throughout the legal process.

What time do limits apply to my case?

Time limits vary depending on the type of claim. Call our office to schedule a consultation to speak in detail with an attorney about time limits that may apply to you.

I don’t like the idea of suing. Why can’t I just accept an insurance company settlement?
Research shows that most Americans would rather not become involved in a personal injury lawsuit. Members of our industry are largely to blame for this sentiment, having developed a reputation as greedy and insensitive.

By choosing to accept an insurance company settlement, you are almost always short-changing yourself. Insurance companies are businesses governed by profit motives, and as such, they will offer a lowball settlement at first in hopes it will be accepted. While winning compensation won’t reverse the damage that has been caused, it can help to make your family’s life smoother down the road.

We are the first to admit that our profession has a negative reputation, and we make it our goal to stand apart from other Accident Attorneys by offering unprecedented customer service governed by empathy and care.

How can I expect to hear updates about my case?
As part of a strong commitment to clients, our Accident Attorneys maintain frequent and open communication by providing regular status updates and being available round the clock by phone.

What are the chances of my Accident lawsuit to settle out of court?
It is impossible to project an outcome that is general to all cases, but these Accident Attorneys do aim to settle out of court whenever possible. However, unlike many other firms, these lawyers provide each case meticulously for court. It is the work they do to prepare the case that often keeps Accident lawsuits out of court.

Can I handle the case on my own?
In some cases, individuals believe their case is so clear-cut that retaining an attorney is unnecessary. However, it is not the clarity or complexity of a case that determines whether professional legal representation is required. Winning cases does not always hinge on the strength of the case, but often on the attorney’s knowledge of the legal system. With experience at every level of the courts, our seasoned Accident Attorneys will develop a careful strategy for your case.

What is my case worth?
It is impossible to assess individual cases without learning the details that govern the case. To learn more about your legal rights, complete the contact form for a free, no-obligation case evaluation.

No Fees Unless We Collect for You – Contingency Accident Attorneys Representation
Our Accident Attorneys handle all Accident cases on a contingency basis. This means that we receive a percentage of your settlement or jury award, typically between 30 – 40 percent, but we receive nothing if we are unable to collect any amount for you. Such Accident Attorneys contingency representation gives us the incentive to not only get the largest amount possible for you but do so in the shortest amount of time possible. As your case progresses, we may have tens of thousands of dollars invested in it, giving our Accident Attorneys a great incentive to achieve the best result for you. The best result is often a combination of both the amount and time and our Accident Attorneys strive to achieve that for you. No matter how much money we have invested in your case, that will not become our primary concern – seeing that you get the settlement you deserve will always be our foremost consideration.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas


October 19, 2020

Car Accident Attorneys – Auto Crash Lawyers

Car Accident Attorneys – Auto Crash Lawyers

When it comes to motor vehicle accidents the first, and most important, action is to prove fault. The fault is demonstrated when examining if the pedestrian or driver have been careless or negligible, and/or have violated the rules of conduct in the maintenance, ownership, use, or operation of the vehicle.

car accident attorneys
Personal Injury

In most cases that involve motor vehicle accidents, it is relatively simple and quick to prove who is at fault. For example, an accident in which a traffic rule has been clearly violated such as failing to stop at a red light. On the other hand, there can be situations where it is not as straight forward to demonstrate which party is at fault, and, in these instances, it can be more challenging to hold the negligible party liable. This kind of situation may occur when two cars attempt to access the same lane, simultaneously. In this scenario, it is critical to determine which party was careless or almost negligible.

In order for a party to be held liable, their negligence in the matter must be proven and shown to be the cause of the accident in question.
For negligence to be proven, the victim needs to demonstrate that the other party (driver or pedestrian), had a reasonable duty to exercise caution; that they failed their duty to exercise reasonable caution; and also that their failure of executing this reasonable caution is what caused the harm to the other party. Alternatively, if the victim involved in the motor vehicle accident has, in any way, contributed to the accident by way of a negligent action(s) of his or her own then it is more difficult to discern liability. In these circumstances, the victim’s compensation for injuries or damages will be limited or even barred.
There are many kinds of motor vehicle accidents that may warrant compensation for damages and/or injuries. Some examples include:

1. Car Accidents
2. Bus Accidents
3. Truck Accidents
4. Bicycle Accidents
5. Motorcycle Accidents
6. ATV Accidents
7. Boat Accidents
8. Pedestrian Accidents

The parties that can be held liable in a motor vehicle accident depend upon the type of vehicle involved. As an example, a victim that is involved in a motor vehicle accident with a truck can hold liable, and seek compensation and / or damages from, the driver for his action(s) or lack, thereof. Additionally, the victim can also hold the owner of the truck, the company whom the driver leased the truck from, and even the manufacturer of the truck liable. The manufacturer of the truck can be held liable for the accident if it was a direct result of faulty vehicle parts, for instance, defective equipment such as tires or breaks.
Compensation as a result of damage from a motor vehicle accident can be pursued through a number of different avenues. For example, as a victim of a motor vehicle accident, you can seek compensation for direct damage to property, destruction of property, and loss of use of the property. You may also be entitled to further compensation for direct injuries, cost of hospitalization or medical expenses, loss of employment, disability, pain and suffering, and even loss of consortium.

Given the intricacies in ascertaining negligence, liability, and, ultimately, compensation for damages, it is imperative that you obtain proper legal representation in your matter. Our highly experienced and compassionate lawyers at Intact Accident, in Albuquerque, New Mexico, will ensure that your rights are defended, that the right party (ies) are held liable for their negligible (in)actions and that you receive the maximum amount of compensation and / or damages possible for the wrong that you have endured.

For a FREE consultation, NO costs up-front, and the compensation that you deserve, call our Accident Injury Lawyers today!


May 27, 2020