Motorcycle Accidents: Preparing Your CaseWritten by Blur Loteriña
Motorcycle accident is an unexpected occurrence that results to shock and trauma, serious physical injuries and death. The most common reason of a motorcycle accident, which contributed to 50% of motorcycle vehicle, is due to failure of another motorist to see motorcycle. It is estimated that 75% of motorcycle accidents involve another motor vehicle, two-thirds of which were caused by motorist failing to yield right of way. Motorcycle accidents not only involve driver’s negligence, it also includes product defect and unsafe roadways.Motorcycle accident happens so fast that we are not able to control it. During an accident, we cannot do much, especially when we are injured. We cannot think of anything but pain that we are suffering. It is essential for us to know things that we have to do after accident. In situations wherein you are still able to talk, walk and move without difficulty, you might as well do following steps. Get name, address, phone number, driver’s license number, and other significant information about other driver involved in accident. Also, get names, address and phone numbers of witnesses, if there is any. Ask if they can give some statement and record conversation. Take note of important visual information, like scratches and marks on car and weather condition. If you do not have pen or any writing materials, review scene in your mind so that you can remember it. You have to tell police exactly what happened. Assist police with investigation, be cooperative. Take pictures of cars involved in accident in different angles.
| | Filing a Law Suit for Personal Injury VictimsWritten by Carla Ballatan
Did you suffer physical injuries and incurred hospital bills and other costs, that are result of negligence or fault of another person? Under personal injury or tort law, you can file a lawsuit and charge person for compensation. Indeed! So, what do you need to understand in filing for personal injury law suit? Personal injury law is branch of civil law referred to for a personal injury lawsuit. In personal injury law, plaintiff is victim of an alleged wrong or in case of wrongful death, loved one of victim. The defendant is one believed to be legally responsible for injuries sustained. Generally, personal injury lawsuits are intended to provide compensation to injured party and discourage continuation or repetition of behavior that caused injury. Specific guidelines apply to personal injury lawsuits that may vary depending upon state where suit is brought and other circumstances. To establish a successful personal injury lawsuit, liability and damages are needed elements. In proving liability, plaintiff must establish that person did bear legal responsibility for injuries. The extent ot amount of injury or loss, referred to as damages incurred on account of defendant’s action or negligence. Three bases are referred to in determining elements of liability and damages: intentional wrong, negligence and strict liability. Intentional wrong is when defendant have known and/or planned injury to be inflicted. This is least often used and on situation this arises, can be brought in conjunction with criminal charges. Negligence means that defendant is accused of causing injury through a failure to prevent it. Slip and fall injuries, reckless/inattentive drivers who cause car accidents are circumstances that may be involved in a personal injury lawsuit based on negligence. Legal responsibility, like for example making or release of defective or unsafe products are involved in lawsuits based on strict liability. As long as product was being used as intended, strict liability applies regardless or malice or negligence.
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