Articles Posted in Automobile Insurance

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Crosswalk-Personal-Injuries-169x300In Utah and other States, children are the unfortunate victims of the negligent, distracted, and / or drunk drivers that cause serious personal injuries and in some cases wrongful death. Certainly, drivers should slow down in school zones, at bus stops, and at parks.  Drivers should also proceed with caution when a child is in or near a crosswalk or intersection.  Tragically, children continue to be the victims of careless drivers on a daily basis.  When a child is injured, a criminal case can be pursued against the negligent driver if the careless driver amounted to a crime in the form of DUI or other forms of reckless conduct.  Justice demands that action is taken in these cases.  There may also be a civil case pursued against the negligent driver. It should be noted that there are many practical consideration that come into play when an attorney reviews a potential civil case for potential legal representation.  One such consideration focuses on the availability of automobile insurance to cover the damages claimed by the injury victim and the family of the injury victim.  Here are the various types of insurance that may apply:
Personal Injury Protection.  In States in which insurance carriers offer such coverage, PIP can provide in most instances up to $10,000 for medical bills and wage losses.  PIP benefits are often paid from a parent’s automobile insurance policy.  For instance, if a child is hit by a negligent driver, the medical bills may still be processed under the PIP portion of the policy of the parent(s) of the child.  PIP can apply even though the parent’s vehicle was not involved in the crash.
Medical Payment Coverage.  This coverage works similar to PIP coverage.  The medical bills may be processed or paid by the insurance policy of the injured child’s parent.  If no such coverage applies, the Medical Payment and / or PIP benefits may be obtained from the at-fault driver’s policy.  This will depend on the insurance policy language as well as the insurance laws in place for the State where the incident / accident took place.
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In New York and other states, people wisely hire limousine and bus companies for parties, events, and celebrations. Rather than drink and then get behind the wheel of a vehicle, the safer way to travel is to have a professional, trained driver handle the transportation. However, at times, commercial drivers fail to pay attention to road conditions, traffic, traffic signals, and /or signage and end up being responsible and liable for a crash that injures and, in some instances, kills passengers. It is important for all drivers to remain alert, keep distractions to a minimum, and concentrate on the legal duties and responsibilities of operating a motor vehicle, van, bus, limousine, or other vehicle transporting passengers.

Nonetheless, even professional drivers get into accidents.

The recent tragedy in Schoharie, New York exemplifies this. It was reported that twenty people died when a limousine driver ran a stop sign and crashed into a parked car. All eighteen people in the limousine died, including the driver, as well as two pedestrians. This crash, dubbed the deadliest transportation accident in almost a decade, demonstrates just one of the many accidents involving commercial drivers in the past year.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20rear%20view%20mirror%20%231.jpgDrinking and driving ruin lives and, in many instances, end lives. Unfortunately, many such DUI accidents involve serious injuries or death to children. When a child suffers injuries as a result of a DUI accident, the child is entitled to seek compensation from the DUI driver as well as the owner of the vehicle operated by the DUI driver. Here are some matters / issues that may arise in the DUI case:

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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old – Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case – an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges – DUI Automobile Accident Resulting in Death of 11 Year Old.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Alabama.jpgIn Alabama, a mother was arrested for having her teenage child ride in a cardboard box on top of a van. The driver, Jackie Denise Knott, informed Albertville, Alabama police that she had a good reason for placing her teen on top of the van. The reason was that the driver needed someone to hold down a box. Here is a better idea for this driver: leave the box and avoid putting a child at risk for personal injuries. Several drivers had called in this dangerous situation to police.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Map%20Georgia.jpgThe Georgia Department of Early Care and Learning is the agency responsible investigating and fining day care centers in Georgia. This agency is investigating an incident involving a child in the day care program at A Child’s World, Hephzibah, Georgia. DJ Murray, age 6, was left on a day care school bus after being transported to the day care center. He apparently fell alseep while on the ride to the day care center.

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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Albany, New York, a bar owner backed a vehicle out of her driveway into a day care center. Marion Albert (age 77) backed out of her drive way, jumped a curb and then crashed into a day care center. A 15 year old girl was injured and suffered a fractured leg. Two other people (a 21 year old in the day care center and a one year old) suffered minor injuries. Fortunately, most of the children enrolled in the day care center were on a field trip at the time of the crash. Ms. Albert was charged with reckless driving, aggravated vehicular assault, felony driving while intoxicated, and endangering the welfare of a child. You can read more about this story at Bar Owner Backs Vehicle into Albany, New York Day Care Center.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Insurance%20contract%20documents%20liability%20stacked%20papers.jpgIn Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.

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By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A tragic automobile accident took place in Wadsworth, Illinois. A 24 year old mother (Nicole Polk) was driving with her two children, ages 1 and 2, on Interstate 94. Police reported that Ms. Polk crossed into the northbound traffic and caused a crash with another vehicle. Ms. Polk and her one year old child died as a result of automobile accident related personal injuries. Alcohol was found in Ms. Polk’s vehicle. A full homicide investigation will be conducted to determine if alcohol and other factors were the cause of this tragedy. You can read about this story at Wisconsin Mother and Infant Die in Illinois Automobile Accident.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

steering%20wheel%20and%20console%20black.jpgTexting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver’s mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following: