A motor vehicle accident can have a devastating impact on you and your family. If you or a loved one has been injured, contact our firm to schedule a consultation with an experienced personal injury attorney.
Information About Motor Vehicle Accident Claims
After a motor vehicle accident, victims can be at a loss about what to do next. Do you understand the difference between a property damage claim, loss of use claim or a claim for Personal Injury Protection? Most people don't since they have never had to deal with this situation before.
I am Jim Desmond, an attorney who handles only motor vehicle accidents. I enjoy what I do so it is not difficult for me to work hard at it or put enthusiasm toward your case. I am not like some attorneys who will promise you with the world and tell you sorry six months later when they can't deliver. Instead, I ask you simply for the OPPORTUNITY to show you what I can do for you and in turn, I promise you straightforward, solid legal advice.
Some information about motor vehicle accident claims appears below. Your case however, is unique. What are you waiting for? The insurance company has already started their investigation. Isn't it time for us to hit this ball out of the park? I am ready to take the swing so be the coach and make the call. I am waiting to hear from you.
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In a accident case, there may be multiple sources of compensation, including health care insurance, PIP coverage and uninsured / underinsured motorist coverage. I always seek to obtain maximum compensation for my client from all possible sources. Whether these other coverages apply can depend upon many different factors. Let's discuss things before you walk away from money you did not know you were entitled to. For example, I had a motorcyclist injured once by an uninsured driver. We were able to get an insurance policy from a scooter to apply which provided him with another $25,000 in uninsured motorist benefits.
Careful case preparation and strong advocacy can shorten the accident claim process. Desmond Law Offices acts quickly and prepares claims thoroughly, so that my clients get compensation on a timely basis. Very simply, you don't want to go months without knowing what is happening on your case and who is working your case. Unfortunately, this happens a lot with many other firms who utilize paralegals. With me, you deal directly with me. If you are not getting the answers you need, I will sit down with and again outline my game plan for your case. At the end of every case, I ask every one of my clients to give my name out to their family and friends if they were happy with my services. Consequently, I know what is at stake and the last thing I am going to do is let you walk away without thoroughly understanding the strengths and weaknesses of your claim.
* The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
Motor Vehicle Accidents - An Overview
Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can help you sort out your rights, your options and your future. Contact an attorney from Desmond Law Offices in Louisville, Kentucky, to find out more.
At-Fault, Negligent and Aggressive Drivers
When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.
Sources of information on the accident include police reports, witnesses and the condition of the vehicles involved in the accident. They could reveal what happened and why.
Actions, on the part of either driver, that may have contributed to the accident include:
- Failure to stop at a red light or stop sign
- Driving under the influence of alcohol or drugs
- Failure to compensate for dangerous weather conditions
- Driving above or below the posted speed limits
- Driver distraction caused by a cell phone, passenger, radio or another source
- Failure to obey traffic laws regarding turn signals, right-of-way and other rules
Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety. Speeding and taking other risks contributes significantly to highway and other fatalities.
It is important to avoid confrontation with road-rage drivers and aggressive drivers. You have a better chance of staying safe if you:
- Get out of the way
- Avoid eye contact
- Refuse to make or return obscene gestures
- Let go of your pride for a while; don’t challenge the other driver
- Report the aggressive driving to the authorities, stopping in a safe spot to use your cell phone if necessary
Drunk Driving
In the US, someone dies every 30 minutes in an alcohol-related crash; someone is non-fatally injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of an attorney who will explain your legal options.
Auto Accidents Not Caused by the Drivers
Sometimes, no matter how carefully you drive, you cannot avoid an accident. In certain cases, a vehicle’s manufacturing or design defect causes the accident or makes it worse. This might happen if, for instance, the brakes on your car fail or the airbag does not deploy when it should. The law of products liability applies in this situation, protecting consumers when products create an unreasonable risk of harm. If a product defect caused your injuries, you may have a case against the designer, manufacturer or distributor of the product.
Another responsible party could be a mechanic who improperly repaired the car that caused the accident. Both the mechanic and the mechanic’s employer could be liable in such a case.
Finally, poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can contribute to an accident. Government entities are typically responsible for the roads and highways; they may, therefore, be liable for accidents caused by the above factors. Special rules, however, apply to lawsuits against government entities; a lawyer will be able to explain them in detail.
Schedule a Consultation
It is important to take prompt action when you have been in a motor vehicle accident. This will help you preserve your rights and seek proper compensation. Contact an attorney from Desmond Law Offices in Louisville, Kentucky, for help.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
