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How do You Handle a Car Accident when the Other Driver is Uninsured?

Published on Dec 15, 2014 at 2:54 pm in General.
How do You Handle a Car Accident when the Other Driver is Uninsured?

Common advice when you are in a car accident is to exchange insurance information with the other driver. But what do you do when the other driver is uninsured? According to the Insurance Information Institute, Kentucky ranked twelfth in the nation in 2012 for uninsured motorists, with 15.8% of drivers uninsured. This means that at any given moment, nearly one in every six drivers on Kentucky roads is driving without liability insurance. While you may not be able to get their insurance information, you should still definitely get their contact information. There are options available to obtain compensation for your injuries and the damage to your vehicle, provided you take the appropriate steps following the accident.

Get the other driver’s contact information – Your options for compensation may include bringing an action against the uninsured driver personally, or presenting a claim to your own insurance carrier under your Uninsured Motorist (UM) coverage. The claims process for accessing your UM coverage may require a signed statement from the other driver that he or she is uninsured, so it is very important to you that the other driver can be contacted, no matter which route to compensation you are taking.

Remember, when giving your own insurance information, this information should be limited to your name, policy number, and the name and number of your insurance company. You should not volunteer or share information about the details of your coverage.

Contact the police – The uninsured driver may try to talk you out of calling the police, because they know they will be cited for driving without insurance. Yet this is an important step to securing your rights by establishing the facts of the accident with an official, written report. You can also access your UM coverage if you are struck by a hit and run driver, even if you cannot identify or locate the car that hit you. In this case, a police report can be very helpful to your claim.

Contact your insurance company – In order to secure your rights for UM compensation, you have to comply with the terms of your policy, which most likely requires you to report the incident promptly to your insurer.

Contact a lawyer – As soon as you can after the accident, contact a lawyer who regularly handles car accident cases. Your attorney can guide you on how to deal with the insurance company when notifying them of the accident or submitting a claim and represent you in any negotiations or litigation that may be required.

Your attorney will also want to get started right away gathering important evidence and securing your rights to compensation, so time is of the essence in contacting an experienced personal injury attorney as soon as possible after an accident. In Lexington, contact Todd W. Burris PSC for a free consultation.

Operation Airbrake Prevents Truck Accidents Through Announced and Unannounced Roadside Truck Inspections

Published on Nov 26, 2014 at 4:15 pm in General.
Operation Airbrake Prevents Truck Accidents Through Announced and Unannounced Roadside Truck Inspections

Operation Airbrake is a selective traffic enforcement program conducted by the Commercial Vehicle Safety Alliance (CVSA) in partnership with the Federal Motor Carrier Safety Administration (FMCSA). As the name of the program suggests, Operation Airbrake promotes truck safety by focusing on brake safety in the nation’s commercial semi-truck fleet. Out-of-adjustment brakes and brake system violations routinely account for one-half of all out-of-service (OOS) violations issued to the big rigs on the road. Faulty brakes, worn tires and other defective truck components can be just as dangerous to the passenger vehicles on the road as a reckless or fatigued truck driver who fails to react in time to prevent a serious collision with an automobile on the road.

Roadside Inspections to Prevent Car-Truck Accidents

In addition to trucker and truck mechanic education on inspection, maintenance and safe operation of brakes, the CVSA also conducts annual roadside inspections – announced and unannounced – of commercial truck brake systems. The most recent round of large-scale announced inspections occurred during Brake Safety Week last September, when upwards of 30,000 semi-trucks were inspected. While the results of these inspections have not yet been released, the CVSA has revealed the results of a one-day surprise roadside inspection event it conducted last May.

The Spring Brake Check covered brake inspections of 8,731 trucks and 64,049 individual wheel ends in 23 U.S. states and ten Canadian provinces, as well as Puerto Rico, coordinated across North America last May 7th. Of the thousands of trucks inspected, 9.5% were placed out of service for excessive brake stroke violations – showing them to be out of adjustment – and 8.5% were pulled from service for brake component violations, such as missing or cracked components, air leaks, damaged tubing or brake hoses, and damaged drums, rotors and other brake components. Some trucks were pulled for both kinds of violations, so that overall 15.2% of trucks inspected were declared OOS. This percentage equates to about one in six to seven semis driving on the road with faulty or defective brakes.

While these inspections perform a valuable service in removing dangerous vehicles from the road, unless other measures are taken by the trucking companies to regularly inspect and maintain their trucks in safe operating condition, we may continue to see catastrophic yet preventable truck accidents when truckers find they cannot stop in time due to malfunctioning or poor-performing brake systems. Occupants of passenger vehicles are at great risk of serious personal injury or wrongful death when their smaller, lighter automobile is struck by a tractor-trailer traveling at highway speeds.

Roadcheck 2014: Over 13,000 Trucks Pulled from Service for Safety Issues

Published on Oct 29, 2014 at 3:02 pm in General.
Roadcheck 2014: Over 13,000 Trucks Pulled from Service for Safety Issues

In one 72-hour period last June, over 73,000 trucks and buses were stopped and inspected at more than 2,500 spots across North America in the United States, Canada and Mexico. As a result of the operation, more than 13,000 trucks and 3,500 truck drivers were pulled out of service for violations.

The operation, known as Roadcheck, is conducted annually by the Federal Motor Carrier Safety Administration (FMCSA) and the Commercial Vehicle Safety Alliance (CVSA). 2014 marked the 27th year for Roadcheck, and while the program has shown improvements and reductions in the number of out of service (OOS) placements required, the sheer numbers of trucks and truckers in violation remains alarming. Considering that only a fraction of the more than two million trucks registered in the country were inspected, it is frightening to think how many unsafe trucks and drivers there may be on the road at any given time.

The biggest issues related to vehicle inspections were brake adjustment violations, brake system issues, and tire/wheel violations. For drivers, nearly half of the violations were for hours of service infractions. This number is alarming given that truckers can already drive 11 hours in a 14-hour day across a six or seven day workweek and still be in compliance with FMCSA regulations. A trucker’s work schedule can already be quite grueling and fatiguing without resorting to hours of service violations.

Equally disturbing is the fact that the number two reason for truck driver out-of-service placements was the discovery of false logbook incidents. While efforts such as Roadcheck are clearly important and seem to be getting results, it appears that much more needs to be done to keep our highways and roads safe for truckers and their big rigs and the cars and drivers who share the road with them.

Protect Yourself Before & After a Car Accident

Published on Sep 30, 2014 at 3:09 pm in General.
Protect Yourself Before & After a Car Accident

Whether you’re a driver, passenger, or pedestrian, there are many ways you can protect yourself (and others) before and after you’re involved in a car accident. In this blog, we’re going to give you some tips so you’re prepared in the event of an accident, and able to capably handle an accident situation.

Before you’re ever involved in an accident, make sure you have adequate auto insurance. Find out if your insurance policy will cover you if another party is at fault for an accident, and if it will cover another party if you are at fault for an accident. Also, make sure you’re covered by underinsured and uninsured motorist protection. Read more about Kentucky’s uninsured motorist laws here.

Capably Handling Vehicle Collisions

The Kentucky Drivers Manual is an excellent resource for how to handle car accidents. After a collision, take these steps to help yourself and others.

  1. Stop and park your vehicle at the accident scene and wait for the police. You must contact the police if the damage is $500 or more and/or if there is an injury or death.
  2. Record the names and addresses of everyone involved, including witnesses.
  3. Record the names and addresses of all drivers involved, as well as all vehicle information (year, make, model, license plate, and registration number) and all insurance information (company name and policy number).
  4. Make a list of all vehicle damages.
  5. If there are any seriously injured accident victims, call 911. Never move an injured person yourself unless it is a life-threatening emergency.

If you’re involved in a collision that results in $500 or more in damages and a police investigation isn’t conducted, you’ll need to obtain and complete an accident report provided by the Kentucky State Police and return it within 10 days of the accident./

After a car accident, don’t assume your insurance company or the other driver’s insurance company will readily cover all of your injuries and damages. Talk to a personal injury attorney. In Lexington, contact Todd W. Burris PSC for a free initial consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.

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