Tag: personal injury attorneys

The Investigation of a Bicycle Accident Case

The police report:

Hopefully, in any serious injury or death bicycle accident case, the police will be called to the scene and will conduct an investigation and prepare a police report. The police report is a public document and can be obtained by the plaintiff, or plaintiff’s attorneys or investigators a reasonable time after it is completed.

Although the police report itself cannot come into evidence at the time of the trial (it can come into evidence, however, at most arbitrations), the findings of the investigating officers can be elicited through the officer’s testimony at trial and can be utilized by the expert witnesses in the case.

Thus, a plaintiff should always obtain a police report in a bicycle accident case.

Investigation by the plaintiff attorney:

Whether or not a police report is created, a plaintiff’s attorney, either personally, through an investigator or both, should investigate the accident scene. It is normally useful if possible for the plaintiff to be present during the investigation.

Obviously, the sooner an accident scene can be investigated the better; however, even some time after an accident, there may be useful evidence to collect at a scene, such as skid marks, vehicle debris, ruts in the road and scrape marks.

In addition, the condition of the accident scene itself may provide useful information for the case, such as the existence of signs, lights and other factors that can contribute to an accident. Pictures should always be taken documenting the condition of the scene as close to the time of the accident as possible, and in appropriate cases, videotapes.

Maintaining the bicycle and helmet:

It is critical that the bicycle be maintained in the exact condition it was in when it came to rest at the time of the accident and, in cases involving head injuries, traumatic brain injuries or wrongful death, that the helmet the plaintiff was wearing at the time of the accident also be maintained. Failure to do so may seriously compromise a plaintiff’s case.

At the Injury Law Clinic, we can assist someone who has been injured as a result of a bicycle accident.  Call today for a free consultation (877) 215-3LAW (3529).

What Should I Bring to my Initial Consultation with a Lawyer?

Initiating a legal action can be stressful, and the majority of people consider hiring an attorney to be a stressful situation as well.  But it certainly does not have to be.  The first thing you should do is prepare yourself for the initial consultation so that you can get the most out of this process.  An initial consultation can more be than a quick meeting: it can help plan your legal strategy by locating potential risks and avoid future issues during the legal process.

What to Bring

Most important that there is to take it is a pen and a paper. You should use the consultation as a learning experience for a process that is about to begin.  A lawyer can be a valuable resource: they can formulate questions that will help you determine the potential risks and benefits of your claim.  Write down questions that are important to you and that you would like the attorney to answer so that you don’t forget.  When you contact a lawyer to schedule an initial consultation, make sure you ask what the attorney wants you to bring to the consultation.  For example, at The Injury Law Clinic we handle personal injury medical malpractice, and Workers Compensation cases.  So, we always asked that the client bring us any medical records they may have as well as insurance information. 

How to Prepare for your Consultation

Before your consultation, write down questions to ask.  There are no stupid questions. A good lawyer will be eager to help you understand your expectation and your participation in the legal process. The more you understand the legal process, the more you can prevent potential pitfalls in litigation.

Do Not Hold Back on Providing Information

Any thing that you discuss with a lawyer during an initial consultation is completely confidential. If there is any information that you believe may be important, do not hold back because you might think it is embarrassing or could hurt your case in some way.  Let the attorney make that determination after she hears it.  A lawyer would face serious penalty if they revealed any information that was provided to her by her client during consultation.  You do not have to be afraid to tell the attorney all the facts so that she can do her best to protect you. 

At The Injury Law Clinic, P.A. you will have all the time you need during your initial consultation so that you can be sure of your decision to hire us to represent you.  If you have suffered an accident as a result of the negligence of another, call toll-free today (877) 215-3LAW (3529).

How to Avoid Car Accidents Caused by Cell Phone Use

The National Highway Safety Traffic Administration has reported that 25% of all car accidents, that is one quarter of all car accidents, are caused by distractions on the road. One of the greatest offenders for distractions on the road is a cell phone. Some more statistics; Cell phone use is responsible for 636,000 car accidents, 330,000 injuries, 2,600 deaths and $43 billion in related costs every year.

Handheld cell phones have been banned in a number of states, cities, and counties. However, this usually doesn’t stop their use. Here are a few tips for avoiding car accidents caused by cell phone use for you and your family.

1. Make a Hands Free Set Your Gift Priority

If you have a gifting holiday of any kind coming up for a family member or friend that you know uses a cell phone, find out what model of phone they have and buy them a hands free car kit. Offer to install it for them as well. You may just be saving their lives with this gift that will generally run you under $100.00. In addition, many smart phones now include music options, so they’ll be thinking of you while they’re humming along to their favorite tunes in the car. Even those ardently against hands free laws will find themselves using it if you install it for them.

2. Go Hands Free Yourself

It goes without saying, but either install a hands free set or turn off the phone in the car. This is especially important if you have a job that involves traveling or extensive use of your cellphone. If you don’t feel that you can manage such an installation, many auto service centers will be happy to do this service for you.

3. Avoid Erratic Drivers

It is often very easy to spot cell phone handset users. They’re going too slow in the fast lane, not checking their blind spots during lane changes, and doing other things that clearly demonstrate that their attention is off the road. Try not to get stuck behind one of these people and get out of their lane as soon as you safely can.

4. Educate Your Friends, Co-Workers, and Family

Start a conversation around the water cooler about cell phone use and its effects on drivers. Share this article with friends and family. The more conversations you start, the more hearts and minds you’ll change on the subject. Try to avoid sounding pedantic, as most opponents of the hands free laws don’t appreciate the government, or anyone else for that matter, telling them what to do. Simply share the relevant statistics and let them make up their minds for themselves.

Auto accidents cause death and can take away your friends and family instantly. Staying off the cell phone and making sure that those you love talk hands free is a very small thing that you can do in order to prevent accidents and keep them safe.

If you or someone you know has been involved in a car accident as a result of cell phone use while driving, the Personal Injury Attorneys at The Injury Law Clinic can help!  Call The Injury Law Clinic at 1-877-215-3LAW (3529) for a Free Consultation.