Along for the Ride: Passenger Rights in Vehicle Accidents

07 November 2016

Although we are aware of the risks, driving is just a routine activity many of us do automatically, like brushing our teeth or grabbing a cup of coffee. We climb in the car intent on the destination or lost in thought, which is why automobile accidents are so jarring. Even a mild fender bender seems to stop everything in its tracks, instantly negating the importance of everything we were thinking or saying. Whether the situation results in serious injuries or none at all, it demands immediate attention. Passersby jockey to catch a glimpse of something interesting; police officers fill out reports; tow trucks haul away damaged cars. Sometimes, there aren’t even minor injuries, but, obviously, not everyone is so lucky.

Trusting ourselves is one thing. Trusting someone else is entirely different. Every time someone gets into a passenger seat or the back seat, they’re trusting that the driver will get to the destination safely. Some passengers are happy not to have the responsibility of driving; others have a hard time giving up control. Regardless of your feelings, where does that leave you if you’re injured in a vehicle accident? The accident certainly wasn’t your fault, so what exactly are your rights as a passenger?

Recovering for injuries suffered as a passenger in a car, truck, or motorcycle accident is really a claim against an insurance company rather than against the driver himself. Passengers can file a claim under the bodily injury or liability insurance coverage of the driver or owner of any vehicle responsible for causing the accident. If that is insufficient, there may be coverage available under uninsured motorist or underinsured motorist policies. Injured passengers are also allowed to file a claim under their own Personal Injury Protection (PIP) and/or Medical Payments (Med Pay) policies. With all these funding possibilities, passengers should be able to secure compensation for their damages, though in no instance are they allowed to collect any more than the total value of their claim.

Many passengers are initially reluctant to seek compensation for damages because the driver is a close friend. It’s important to note that in most situations, the driver will not even know of the claim because it will be settled by lawyers and insurance companies before it gets to trial. The strain on any personal relationships should be minimal unless the insurance company does not act in good faith to resolve the claim and it must be litigated instead. Even at that time and although the driver will be named in the lawsuit, the true conflict is between the driver’s insurance company and the passenger. There are special rules that apply when the passenger is related to the driver and shares the same household. In most of these cases, the passenger is barred from collecting under the driver’s liability policy because he or she is an “insured person” and such persons are not permitted to file a liability claim against their own liability policy. A claim can still be brought against other drivers who are at fault for the accident.

The seat next to the driver has a reputation for being the most dangerous one in the car, even having been referred to as “the death seat.” Of course, it is more common to have one passenger than several, so the front seat is occupied more frequently than the rear seats. There is also some truth to the idea that in a crash a front seat passenger has nothing to stop him or her from being ejected through the window, whereas the driver has the steering wheel. Or, at least, that used to be the prevailing line of thought. The last few decades have brought about major advances in safety that have reduced the probability of being seriously injured while riding in the front seat. Seat belts, airbags, and crumple zones equally benefit drivers and front-seat riders.

According to a study by the Insurance Institute for Highway Safety (IIHS) and the Children’s Hospital of Philadelphia, adults over age 55 were more likely to die in a crash while seated in the back than in the front – even if they were wearing seat belts. The study found that adults in the rear were more likely than adults in the front to sustain chest injuries, and there was some evidence of an elevated risk of head and neck injuries for restrained women seated in the rear compared with the front.

The IIHS also recently performed front-overlap crash tests of seven small SUVs and found that certain models may have a big gap in safety between drivers and their passengers. The seven models received good ratings after the front driver’s side corner of the vehicle hit a barrier at 40 miles per hour, but only one model – the 2016 Hyundai Tucson — rated as good when the same test was performed on the front passenger side. While three models received acceptable ratings and two models received marginal ratings, the 2015 Toyota RAV4 was rated as poor. The IIHS suspected that the difference was partly due to a greater emphasis on the vehicle frame and structure for the driver’s side, but there is no excuse for inferior passenger protection.

If you were a passenger in a vehicle involved in a collision and were seriously injured as a result, or if you lost someone you love in such an accident, you should contact an experienced personal injury lawyer who can examine the circumstances of your case and advise you of your rights. Personal injury attorneys work on a contingency fee basis, which means you don’t pay them unless there is a settlement or verdict in your favor.

Passengers with serious injuries are entitled to appropriate and thorough medical care for their physical, emotional, and psychological injuries suffered as a result of the accident, as well as full compensation for their pain and suffering, mental anguish, property damage, and lost wages. It is also critical that you at least consult with an attorney before speaking with an insurance company investigator or adjuster. Their job is to spend as little money as possible while quickly settling a large number of claims, and they are well-trained in the fine art of getting you to make statements that can come back to haunt you later. Since you are bound by what you say, it is often wise to let an attorney speak for you.

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Building A Strong Defense Against False Sex Crime Accusations

In a world where justice is paramount, accusations of sex crimes are among the most serious and emotionally charged. However, it's essential to remember that accusations can be false, and innocent lives can be profoundly affected by such allegations. If you or a loved one is facing false sex crime accusations, the importance of a robust defence cannot be overstated. This article delves into the crucial strategies for building a strong defense against false sex crime accusations, ensuring that justice prevails and truth prevails. Selecting A Defense Attorney Who Specializes In Violent Crimes False Allegations One of the pivotal steps in securing a solid defense is choosing the right legal representation. A skilled attorney can mean the difference between an unjust conviction and a favorable outcome. When it comes to defending against false sex crime accusations, enlisting the expertise of a violent crime defense lawyer is of paramount importance. These legal professionals specialize in navigating the complexities of violent crime cases, which often involve intense emotions and intricate legal procedures. Gathering Alibi And Witness Evidence To counter false accusations, collecting strong alibi and witness evidence is critical. Establishing that you were not at the alleged location during the time of the incident can be a compelling defense strategy. Reliable alibis supported by concrete evidence, such as surveillance footage, credit card receipts, or eyewitness accounts, can significantly weaken the prosecution's case. A skilled defense attorney will work tirelessly to gather and present this evidence effectively, casting doubt on the validity of the accusations. Dissecting Inconsistencies In The Accuser's Testimony Inconsistencies in the accuser's testimony can be a powerful tool in your defence arsenal. Memory can be fragile, and emotions surrounding a traumatic event can lead to varying accounts. A meticulous analysis of the accuser's statements can uncover contradictions or changes in their narrative, which can cast doubt on the veracity of their claims. Your defence attorney, with a keen eye for detail, can skillfully cross-examine the accuser, exposing these inconsistencies and raising doubts about their credibility. Exploring Motives Behind False Accusations False accusations can stem from a variety of motives, ranging from personal vendettas to attempts at financial gain or seeking revenge. Unraveling these underlying motives can significantly strengthen your defense. Investigating the relationship between you and the accuser, their history, and any potential ulterior motives they may have can provide valuable context for the jury or judge. By presenting a plausible alternative explanation for the accusations, you can undermine the prosecution's case. Highlighting Prior Inaccuracies In Accuser's Statements If the accuser has a history of making inaccurate statements or false claims, this information can be instrumental in challenging their credibility. Your defense attorney will meticulously review the accuser's past statements, police reports, or any previous legal actions involving them. Any instances of dishonesty or exaggeration can be used to show a pattern of behaviour that raises doubts about the veracity of their current accusations. This strategy can be particularly effective in swaying the opinions of jurors or the judge. Conclusion Facing false sex crime accusations is a daunting experience that requires a well-thought-out defence strategy. Selecting a defence attorney who specializes in violent crimes and false allegations can be the cornerstone of your defence. These legal experts understand the nuances of such cases and possess the skills to navigate the intricate legal landscape. Gathering alibi and witness evidence, dissecting inconsistencies in the accuser's testimony, exploring motives behind false accusations, and highlighting prior inaccuracies in the accuser's statements are all essential components of a robust defence. As the scales of justice strive to maintain equilibrium, it is essential to remember that everyone is entitled to a fair trial and the presumption of innocence until proven guilty. By building a strong defense against false sex crime accusations, you not only safeguard your own rights but also contribute to the integrity of the legal system itself. The road to justice may be arduous, but with the right strategies and a dedicated legal team, truth and fairness can ultimately prevail. Additional: Criminal Law Enforcement Important Questions To Ask Before Hiring A Criminal Lawyer What Happens At A Preliminary Hearing Of A Criminal Case In Knoxville?

Discusses the Growing Problems of Living Alone

Researchers have concluded that living alone, being socially isolated, and feeling lonely can pose significant health risks, particularly in older adults. Although the terms living alone, social isolation and loneliness are often used interchangeably, they are not the same thing. Specifically, living alone and being socially isolated are objective determinations either that a person lives solo, or has few relationships or infrequent social contact. According to the Administration on Aging (a division within the U.S. Department of Health and Human Services), nearly one-third (28%) of non-institutionalized adults 65 and older – 13.8 million people – live alone. Despite living alone, however, these adults may or may not be included within the category of social isolation depending on the nature of their relationships and the frequency of their social contacts. In contrast, loneliness is determined on a subjective basis. Loneliness is based on a person’s individual feelings of disconnectedness, isolation, or not belonging. Said differently, loneliness arises because of the divergence between a person’s desired level of social connection and the actual level of connection. To be clear, a person living alone may not necessarily feel lonely, whereas someone living with a number of other people may still experience loneliness. Risk Factors A recent survey of older adults determined that 43% feel lonely on a regular basis. More concerning is that among those who report feeling lonely, there is a 45% increased mortality risk. Steve Cole, the director of the Social Genomics Core Laboratory at UCLA, explains: “Loneliness acts as a fertilizer for other diseases. The biology of loneliness can accelerate the buildup of plaque in the arteries, help cancer cells grow and spread, and promote inflammation in the brain leading to Alzheimer’s disease. Loneliness promotes several different types of wear and tear on the body.” Research has established links between living alone, social isolation, and loneliness to a variety of physical and mental conditions, including high blood pressure, heart disease, obesity, a weakened immune system, anxiety, depression, cognitive decline, Alzheimer’s disease, and even death. Indeed, a recent meta-analysis – representing cumulative evidence from 148 studies involving over 300,000 participants – determined that greater social connection is associated with a 50% reduced risk of early death. A second meta-analysis by the same researchers – representing cumulative evidence from 70 studies involving more than 3.4 million participants followed for an average of 7 years – similarly concluded that living alone (objective determination), social isolation (objective) and loneliness (subjective) each had a significant effect on the risk of mortality. Specifically, the analysis concluded that the likelihood of death increased a statistically significant 26% for loneliness, 29% for social isolation, and 32% for living alone. To put those risks in context, the researchers determined that the magnitude of risk is comparable to – and in some cases even exceeds – other well-accepted risk factors such as smoking (up to 15 cigarettes a day), obesity, lack of physical exercise and high blood pressure. Loneliness has also been associated with increased emergency admissions to a hospital, longer length of stays, and delayed discharges. In fact, a November 2017 study concluded that the lack of social contacts among older adults is associated with an estimated annual increase in Medicare spending of $6.7 billion. One Can Be the Loneliest Number, But it Doesn’t Have to Be Greg Bishop, an attorney in Park City, suggests that retirement is a great opportunity to develop the types of connections that can prevent or alleviate the health consequences of living alone, being socially isolated, or feeling lonely. He notes that although there is a general consensus about the potential problem areas, the solutions are more elusive. He explains that although living alone and being socially isolated are determined objectively, the underlying causes are overtly personal. For example, living alone may be the result of the death of a partner or because of a recent divorce, whereas being socially isolated may arise from relocating after retirement or from the children moving away. Given that the underlying causes vary drastically, the solutions for living alone, being socially isolated, and feeling lonely will also differ. In short, there is no one-size-fits-all solution to these issues. That said, older adults will likely benefit from the following suggestions: Proactively stay involved in the lives of your family and friends. Find meaningful ways to connect with them via video chats, phone calls, text messages and letters Establish new social connections – go to the gym, take a dance class, learn to play chess, or join a book club Establish a more meaningful relationship with a church or social groups Look for opportunities to help and serve others. Fred Rogers – the television icon from Mister Roger’s Neighborhood – shared that when he was a boy and saw scary things on the television news, his mother told him to “Look for the helpers. You will always find people who are helping.” While that advice comforted him as a child, perhaps better advice for older adults dealing with social isolation and loneliness would be to “Look to be a helper. There are always people who are in need of help.” Read Also: Why Do You Need a Queens Personal Injury Attorney 6 Signs That You Need To Hire a Personal Injury Attorney Don’t Battle It All Alone: 5 Reasons Why You Need an Adoption Attorney These Four Qualities Are What You Should Be Looking For In Attorneys!

How To Get Child Visitation Rights?

The separation of parents brings in real problems in the life of a child. Children get the best upbringing when they get the time with both their parents. But separation really makes things worse for the little kids. The crack line in the relationship turns such a crater that the couple ends up reaching court to get justice and authority over the child. Are you having a similar problem?Do you intend to seek visitation rights? You need to follow certain guidelines and procedures to lawfully get your Child visitation rights. Yes, we understand you and discuss things with you so that it gives you hope and strength. Please read it… it's for you. What Exactly Is Visitation Right? When the parents work out spending time with their child separately, it is called visitation rights. If you are a legal parent of the child, you must have the rights of the child. Your rights are safeguarded by state laws. Unlike custody rights, which are solely decided upon by the court, visitation rights are the ones that are decided by the court but in consultation with both parents. What you need here is the service of a qualified Attorney that can help you with Child visitation. How To Get Visitation Rights? Now a question might crop up: How to secure your child's visitation rights? The first and foremost thing that you need to do without delay is hired a legal expert. They act on your behalf so that you are able to secure your emotional connection with your kid. Now let's see the other things that come under the subject. 1. Communicating With The Custodial Parents The fastest way to get the child's visitation rights is to establish a connection with the child's custodial parents. If you can do it properly, and discuss things between you two, then you can come to a common consensus. What you need is a little involvement from the family court. Then, things become clear when the court discusses things with both of you, things become clear. So try to establish communication with your partner. The other side will understand your problem and respond to you. But you must keep aside your ego while doing this. 2. Filing A Petition With The Family Court Suppose you cannot really establish a telephonic connection with your partner or fail to convince them of the child visitation; you have no other option left but to file a petition with the family court. The petition will have the same case number which was used in the custody or divorce case. It might be that you are not legally married, then in this case, you need to start a fresh case. In either of the instances, you will need the service of a well-acclaimed attorney that can help you with the assistance on Child visitation laws. 3. Custodial Considerations The court will consider the child's best interest before deciding on the child's visitation. What your attorney will enforce on the point is that your relationship with the child may be affected if you do not really get visitation rights. Some factors come into play while getting the time, including financial stability, emotional support, office schedule, clean domestic track record, and others. The court takes all these points seriously while deciding on child visitation. After the court studies all these points, they call upon both parties to provide an individual plan for child visitation. 4. Mutual Agreement Now the courts are working on the visitation plan, they will discuss things separately, like what time the father and mother will get the child on the summer or winter vacation, the weekly holiday, and other times the child has. The court will also decide on the first right of the parent. Additional information regarding how the parents will divide time will be discussed in detail. The court will do it all, taking both of you into confidence. 5. Final Order After all the discussions, the parents come to a common understanding, and finally, the child visitation plan comes into existence. The court gives its own opinion and takes the opinions and requests of both parents. You might request some alternative arrangements, but all will be diseased upon the preparation of the final plan. To End… To end things, one can say that a child's visitation rights are extremely serious things if discussed from the point of view of a child. There should be no question about the fact the legislative system is strong enough to dispense equal justice to both parties. Accordingly, the court takes both parents' points of view in giving the final verdict on the child's visitation. Additionals: 4 Reasons Why You Should Hire a Car Accident LawyerReasons of hiring any Personal Injury Attorney is ImportantImportant Terminology In Filing For A Car Accident Claim

Along for the Ride: Passenger Rights in Vehicle Accidents

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Building A Strong Defense Against False Sex Crime Accusations

Discusses the Growing Problems of Living Alone

How To Get Child Visitation Rights?

Along for the Ride: Passenger Rights in Vehicle Accidents

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What Are the Costs of Our Aging Infrastructure?

Follow These 5 Tips To Avoid Mistakes In Immigration Application

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Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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