Auto Accidents
Kelley|Witherspoon, LLP has represented individuals in Arizona, Arkansas, California, Florida, Ohio, Missouri, Texas and nationwide in auto and trucking accidents. Thousands were killed in 2006 as a result of trucking accidents according to the United States Department of Transportation. Over 100,000 persons were injured in the same year as a result of trucking collisions. Our litigation history has shown that many of these collisions involve aggravating factors such as excessive work hours, drug use, speeding or other factors.
Automobile and trucking accidents result in death and injury to thousands of people on our nation's roadways every year. The National Center for Statistics and Analysis (NHTSA) estimates 117 people died daily as a result of motor vehicle crashes in 2006. In addition, it the NHTSA also estimated 5.9 million auto accidents occurred in 2006, with 2.6 million persons claiming injury.
Immediately after an accident involving a commercial vehicle or truck, insurers and company attorneys immediately work to protect the rights of their driver. At Kelley|Witherspoon, LLP we move aggressively to protect the rights of our clients by securing witness statements, ensuring no evidence is destroyed, and hiring the right investigators and experts to establish liability in our favor. In addition, at the close of matters, our firm is experienced in working with multiple insurers to ensure the right dynamics exist between our clients, initial policies, and policies providing excess coverage.
At Kelley|Witherspoon, LLP we also ensure our clients seek all necessary medical attention as soon as possible. This eliminates negligent drivers and their insurers from later arguing the injury occurred elsewhere. Our firm will evaluate your case free of charge. In addition, you will not pay any fees or costs unless your attorney recovers money for you by judgment or settlement. Before you file an accident claim or lawsuit, contact the lawyers at Kelley|Witherspoon, LLP for information.
A car accident is a road traffic incident which usually involves one road vehicle being in collision with, either another vehicle, another road user, or a stationary roadside object, and which may result in injury or property damage. Phrases used to describe accidents include: auto accident, car crash, car smash, car wreck, fender bender, motor vehicle accident (MVA), personal injury collision (PIC), road accident, road traffic accident (RTA), road traffic collision (RTC), road traffic incident.
If you have been injured in a car accident, Kelley | Witherspoon can help you recover monetary compensation. You may be entitled to more compensation than you realize. Even in a simple car accident there may be several insurance companies who can pay your claim. In addition to medical bills, you may be entitled to a substantial tax-free settlement package for pain and suffering. If you or a loved one has been harmed they may be able to collect from any person, or business responsible for causing the injury. We can also help if a loved one has been the victim of a wrongful death.
Kelley|Witherspoon will schedule a meeting with you at your convenience, an attorney is usually available to speak and meet with you shortly after your phone call or email.
There were nearly 6,420,000 auto accidents in the United States in 2005. The financial cost of these crashes is more than 230 Billion dollars. 2.9 million people were injured and 42,636 people killed. About 115 people die every day in vehicle crashes in the United States -- one death every 13 minutes. In 2003 there were 6,328,000 car accidents in the US. There were 2.9 million injuries and 42,643 people were killed in auto accidents. In 2002, there were an estimated 6,316,000 car accidents in the USA. There were about 2.9 million injuries and 42,815 people were killed in auto accidents in 2002. There were an estimated 6,356,000 car accidents in the US in 2000. There were about 3.2 million injuries and 41,821 people were killed in auto accidents in 2000 based on data collected by the Federal Highway Administration.
Injuries occur on the highways, freeways and streets with staggering frequency. Car Accident injury law is a very specific niche within the realm of personal injury, and Kelley | Witherspoon has a high degree of knowledge and experience in relation to car accident injury law.
Negligence (Lat. negligentia, from negligere, to neglect, literally "not to pick up") is a legal concept in the common law legal systems usually used to achieve compensation for injuries (not accidents). Negligence is a type of tort or delict (also known as a civil wrong). However, the concept is sometimes used in criminal law as well. A rough synonym for "negligence" is "carelessness". It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. In the words of Lord Blackburn,"those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."
Through civil litigation, if an injured person proves that another person acted negligently to cause his injury, he can recover damages to compensate for his harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Personal injury law, and as a result law suits involving auto accidents, are governed by the basic elements of negligence. These are detailed below:
1. Duty
a. General duty of ordinary care. This, in plain terms, is the degree of care that ordinarily and prudent people can be reasonably expected to put forth in a similar situation.
(1) Degree of care varies with the circumstances of each auto accident
(2) The greater the danger of the circumstances, the more care that is required to avoid liability
(3) Another factor is the foreseeability of the danger
b. Affirmative duty of care
(1) Generally: One is not liable if one does not get involved in an ongoing situation.
(2) A person can voluntarily assume a duty of care by getting involved in a situation, such as "rubber necking" at an accident and causing further injury.
(3) If the person in the other car is related or an employee of yours, you may have a duty to aid, protect, or warn that person of danger.
(4) If you create a dangerous driving situation, you are liable for not preventing others from being injured by it.
2. Breach of duty
A person who has this duty above must breach it by either acting negligently or failing to act when legally required to do so.
3. Damages
The injured person must be able to show damages. Examples include damage to the car, medical bills and lost wages.
4. Causation
This is a very difficult concept. The plaintiff's damages must be caused, either directly or indirectly, by the defendant's breach of his or her duty.
If you, or someone you know, has been injured in a car accident, you need an experienced car accident lawyer to represent you, otherwise, you might not be fully compensated for your injuries. Kelley| Witherspoon has represented families who have suffered catastrophic injuries and deaths in car accidents.
Rather than try to analyze everything you see above, make the best choice to protect your rights and contact Kelley| Witherspoon.
If you or a loved one has suffered injuries as a result of a car wreck, truck or auto accident contact a Texas bus collision lawyer today at Kelley Witherspoon.
