Tag: auto accidents

How Long Do You Have to File a Truck Accident Claim?

Unfortunately, truck accidents are common, and they can often result in serious accidents, or at the very least serious damage. If you are involved in an accident, you should seek the advice of a personal injury lawyer, and be aware that the amount of time you have to file a claim may be limited.

The state in which a trucking accident occurs is one of the most defining factors of how long you have to file a lawsuit for your accident. The state that offers the longest time limit is Oregon, with ten years left open to file your lawsuit. Maine, Minnesota and North Dakota are all tied for second place, giving victims of truck accidents six years to file their claims. Most other states allow people harmed in an incident two to three years to file a truck accident lawsuit.

While each state has its own time limit for filing a truck accident claim, you may actually have less time than allowed by the state. This is because many drivers have Uninsured or Underinsured Motorist Coverage (UM or UIM). With these options, there may be notice provisions that place a much shorter requirement on the multiple-year-long statute of limitations in filing a lawsuit against a negligent truck driver. In these cases, the insurance policy contract has precedence over the established time limits for filing your lawsuit.

Consult your state’s time limit chart to find the standard amount of time you have to file based on where you live or where the accident took place. Then check your auto insurance policy immediately so you can provide notice to your insurance company as well as view any notice provisions regarding filing a truck accident lawsuit.

How to Drive Safely in the Florida Rain

When the road is wet everything changes. You can’t see. You need more response time. The rules you drive by have to change. If you try to drive the same way you do when it is dry and sunny, you put yourself at risk for accidents. There are thousands of serious car accidents every year that are the result of unsafe driving in the rain. When it’s raining it isn’t necessary to stay home. With a few changes to the way you drive when it’s raining will ensure your safety so you don’t have to worry.

First, slow down. There are many benefits to slowing down in the rain. Slowing down gives you more time to react to a perilous situation and decreases the seriousness should you have an accident. It is hard to see when it is raining. Water on your windshield combined with the lights of other vehicles may be confusing. A little extra time to access what you are seeing can be the difference between a serious accident and safety. Keeping a safe distance between your car and the cars around you is another way to give yourself more time to react. Slow down so that you are not following the car in front of you too closely. And pay attention to the cars behind you as well.

Second, stay away from extra water. Driving through puddles or around large trucks and busses puts even more water on your windshield. The more water blocking your view, the more danger you are in. Try not to get too close to trucks or busses that are kicking up the water off the road. If you must pass them try to do it quickly and watch the lines on the road rather than the water being sprayed up. Splashing through puddles does not only decrease your visibility but can also cause mechanical problems. The worst that could happen is that water is taken in through the engine’s air intake and destroys the engine.

Make sure your vehicle is in the proper shape to handle the rain. Regularly replace wiper blades so you have maximum visibility. Headlights should be in working order so that you can see, and others can see you. Understand what your vehicle can handle. Don’t drive through a deep puddle unless you know that it will not affect the mechanical aspects of your vehicle. A good rule of thumb is to make sure that the water stays beneath the doors of your vehicles.

Finally, if you are injured in a car accident, contact Florida auto accident lawyer Dianna Castrillon at the Injury Law Clinic to make sure your rights are protected.

Texting While Driving Kills

Determined to stop people from texting while driving, the Obama administration plans a campaign similar to past government efforts to discourage drunk driving and encourage the use of seat belts. The administration offered recommendations to address the growing safety risk of distracted drivers, especially the use of mobile devices to send messages from behind the wheel. “We can really eliminate texting while driving. That should be our goal,” said Transportation Secretary Ray LaHood, declining to provide specifics of the recommendations. Researchers, safety groups, automakers and lawmakers have gathered to discuss the perils of distracted driving.

The Transportation Department reported that nearly 6,000 people were killed and a half-million were injured last year in automobile accidents as a result driver distraction, often by mobile devices and cell phones. LaHood called distracted driving a “menace to society” and said the administration would offer a series of recommendations to encourage Congress, state governments and the public to curb the unsafe behavior. A law has been proposed that would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding. “No text message is so urgent that it’s worth dying over,” Klobuchar told participants.

The government reported that 5,870 people were killed and 515,000 were injured last year in crashes where at least one form of driver distraction was reported. Driver distraction was involved in 16 percent of all fatal crashes in 2008 and was prevalent among young drivers. Eighteen states and the District of Columbia have passed laws making texting while driving illegal and seven states and the District have banned driving while talking on a handheld cell phone, according to the Insurance Institute for Highway Safety.

“We started driving cars about 100 years ago. We started using phones about 80 years ago. We’ve only really combined those two activities to a great degree in the last five or 10 years. We’re finding out they don’t mix,” said David Teater of Spring Lake, Mich., whose 12-year-old son, Joe, was killed in a 2004 crash when a driver using a cell phone ran a red light. Some researchers cautioned that banning all cell phone use by drivers would undermine the development of safety technologies that could allow vehicles to share traffic information with other vehicles and alert emergency responders to crashes.

It has yet to be seen what laws may develop as it relates to texting/cell phone use and driving, but it’s always important to drive safely and be aware of your surroundings to avoid auto accidents. At The Injury Law Clinic, P.A. we help victims of car accidents everyday. If you or someone you know has been involved in an auto accident as a driver, passenger, pedestrian, bicyclist or other motorist, call today for a free consultation (877) 215-3LAW (3529).