The Harper Law Blog
The Harper Law Blog offers news, announcements, thoughts and articles on life, law and our practice areas of emphasis.
False Assumption - 2. The other driver admitted fault for the accident, so I don't think I need to call the police.
Posted Saturday, July 21, 2007 by Ed Harper.
The other driver admitted fault for the accident, so I don't think I need to call the police.
As I mentioned in previous entries, a police officer can document important details following an auto accident. The traffic collision report can help establish liability - in other words, it can help to determine who is legally responsible to pay for the auto accident. The report can also shed light on the traffic conditions, the weather conditions, and the general driving conditions, all of which are important in reconstructing the accident.
However, police offers do not always have to come to an accident scene if the auto accident occurs on private property. Many parking lot accidents are not within the jurisdiction of the local police force. Similarly, shopping malls, shopping centers and large department stores often have security officers who could provide assistance in documenting the accident.
Finally, whenever liability is disputed, having an independent witness may well be the determining factor. If you are aware of a witness who saw the accident, get their name, number, e-mail address, and find out if they will support your version of what happened. This may make the difference in winning or losing your claim.
False Assumption - 1. Insurance company and insurance company representatives are on your side.
Posted Saturday, July 21, 2007 by Ed Harper.
Insurance company and insurance company representatives are on your side.
Even if an adjuster seems friendly and works for your own insurance company, they have an agenda to limit claims. Reduction of benefits or reducing the amount of money paid out, even for no fault claims, is one of the ways insurance companies make money. The other way is to collect more insurance premiums.
Viewing the adjuster as a necessary evil will allow you to be prepared in your dealings with them.
For example, giving a recorded statement is a minefield of potential disaster. I regularly discourage my clients from giving statements. In the words of the famous U.S. Supreme Court case, Miranda v. Arizona, and what police officers are required to tell those in custody, "What you say can and will be used against you".
There is little, if any, benefit in providing a recorded statement. You can ask for written questions which can be answered over time and after consulting with an attorney. Harper Law PLLC will give free legal counsel to advise individuals following any accident, even if you feel you may be at fault.
10 False assumptions that people make following an accident
Posted Saturday, July 21, 2007 by Ed Harper.
1. Insurance company and insurance company representatives are on your side.
2. The other driver admitted fault for the accident, so I don't think I need to call the police.
3. The property damage estimate is accurate because a professional adjuster looked at my car.
4. I had prior injuries, but the insurance company will believe those injuries were fully resolved at the time of this accident.
5. My injuries are not that bad and will probably just go away with time.
6. The insurance company for the at-fault driver will believe me when I tell them how much my bodily injury hurts and how it has affected my life.
7. The pain has gone away for the most part, so I really don't have to follow my health care provider's instructions.
8. All my medical bills will be covered because someone admitted they were at fault for the auto accident.
9. My neighbor settled their claim by themselves and obtained a good settlement, so I can too.
10. I can expect to receive full compensation, including my lost income, because I will be treated fairly.
Call the police after a collision and know your location when you call
Posted Saturday, July 14, 2007 by Ed Harper.
After collisions, people often assume there is no need to contact the police if there is an exchange of information. However, for accident reconstruction purposes, the law enforcement officer can document certain items that may be in dispute later. For example, whether in his opinion someone was at fault for the accident. Secondly, whether one of the drivers should receive a traffic citation can be determined by the officer as well. Both of these items, while not always admissible in a subsequent civil claim, proving the validity of claim is vastly improved by having an officer's report.
Additionally, 911 operators are having a difficult time determining the whereabouts of many collisions and 911 calls because of the advent of the cellular phone. One who dials 911 should be able to quickly inform the operator there location. Landlines have the ability to inform the emergency dispatch operators where the call is originating from, but cellular phones do not. Progress is being made to the 911 system, but it may be several years before even the most urbanized areas of our country have this ability.
Thus, know where you are located and call 911 after a collision. Tell the dispatcher that you are requesting assistance after a collision. If any one is complaining of injuries, ask for an aid car for emergency personnel in order to evaluate the injuries.
Ask to be transported by ambulance if you are injured. IF there is any question as to the severity of injuries, it is always best to be evaluated as soon as possible. Additionally, you will be seen much more quickly at the emergency room if you are brought in by ambulance, rather then driving yourself. Also, if an ER department is too busy, the aid car drivers will call ahead and determine this situation. Thus, you can be routed to a less busy ER department.
Car accident anatomy 101
Posted Saturday, July 14, 2007 by Ed Harper.
In doing research for a case, I thought I could provide some terms for spinal anatomy. Most injuries arising in a car accident have a primary focus on the spine. As noted in my other posts, automobile accidents and the recovery from back injuries stemming from car accidents are the number one cause of disability in the United States. There are too many sources to mention in my research, however, Tabers Cyclopedic Medical Dictionary is on my desk and I regularly consult this handy book. Additionally, google.com and Wikipedia.org are great websites too when search for answers to your injury questions.
General anatomy terms
Anterior – front
Caudal – bottom
Cranial – head
Lateral side
Medial – toward center
Posterior/Dorsal – back
Inferior – down
Superior – up
Superficial – closer to skin
Deep – away from skin
Back Vocabulary
Spinal – pertaining the spine or spinal cord
Spinal Cord – an ovoid column of nervous tissue about 44 cm. long, flattened anteroposteriorly, extending from the medulla to the 2nd lumbar vertebra in the spinal canal. All nerves to the trunk and limbs are issued from the spinal cord, and it is the center of reflex action containing the conducting paths to and from the brain. (Tabers)
Spinal nerves – nerves arising from the spinal cord: 31 pairs, consisting of 8 cervical, 12 thoracic, 5 lumbar, 5 sacral, and 1 coccygeal, corresponding with the spinal vertebrae.
Spinal vertebrae or vertebral body – round portion that caries most of the weight. Hard cortex comprises the outer walls. The inside is filled with marrow. Marrow is a thick liquid of blood cells and tissues that make new blood cells.
Cervical – neck region
Thoracic – trunk region, or relative to part of spine between neck and waist
Lumbar – low back region
A Harper Law PLLC we handle all types of injuries stemming from car accidents. Spinal injuries can have an affect on all aspects of ones life. We are here to help. With more than 45 years combined experience, our staff is ready and available to take your call 425 284 3333 or toll free 877 780 2800.
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