Bentonville Personal Injury Lawyer - Automobile Accidents

Car Wrecks, Car Wrecks, and More Car Wrecks

Sach Oliver — Mon, 22 Jun 2009 13:55:51 GMT

Car Wrecks, Car Wrecks, and More Car Wrecks

Every day we read the paper and everyday it seems there are more and more car wrecks. In our fast pace society people are driving faster and faster. In our technologically advancing world, more and more people are texting and talking on their cell phones while driving. In this economy, more and more people are probably worried about money and bills more about driving. Who knows what is on the minds of drivers! What is clear, negligent and reckless driving severely injures and kills folks on our highways every day.

When you read the paper and see these wrecks, the first thought that should run through you mind is not who will be lawyer if I get hit. The first thought should be: Do I have enough auto insurance and do I have the right types of coverage? Auto insurance is essential for the victim and the wrongdoer. Let me repeat that: auto insurance is essential for the victim and the wrongdoer in an auto accident. People’s first thought is the wrongdoer should have insurance. Yes, they should. But the victim also needs insurance.

The victim should have what is called “PIP” coverage or also known as medical payment coverage plan. This type of coverage pays your medical bills in a wreck at a minimum of $5,000 and you can buy up to $100,000 in coverage. PIP is automatic payment. You don’t have to win your lawsuit or settlement for it to kick in a pay. Ask your insurance agent about PIP today and raise your coverage.

The victim should have uninsured and underinsured coverage. Uninsured coverage applies when the person who hit you does not have insurance at all. You will need this uninsured coverage to pay for all of your harms and losses. Underinsured coverage applies when the person who hit does not have enough insurance to cover all of your harms and losses. Ask your insurance agent about under and uninsured coverage and raise your coverage.

The wrongdoer should enough insurance to cover the harm they can cause to some else. For example, the bigger the vehicle the more coverage you should have…or the more you drive, the more likely it is for you cause a wreck…or do you drive at night a bunch. The list goes on and on. Another way to judge how much insurance you should have is by your assets. The more assets you have the more insurance you need to protect your assets.

Hopefully, none of this applies to you because you do not ever get into wrecks. But if you are unfortunate and become involved in a wreck, please feel free to contact us with questions.

Originally posted at InjuryBoard by Sach Oliver

Woman Jailed for Texting and Driving

Ryan Scott — Thu, 09 Apr 2009 10:01:35 GMT

For those of you who wondering how serious legislatures and courts are taking the newest trend of texting and driving... wonder no more. A Judge in Redding, California has sentenced a 49-year-old woman to 6 years in jail after the woman crashed into a line of cars while text messaging on her cell phone, killing one of the other drivers.

According to the court records, investigators said that the woman was speeding and text messaging when she slammed into the rear of a line of cars stopped for construction. One of the vehicles she struck, carrying a 46-year-old woman, burst into flames, killing the woman.

The prosecutor in the case said that the driver had paid several bills by cell phone moments before the wreck, and was in the middle of another transaction when she struck the line of vehicles.

Those who know me would tell you that I am as big a fan of text messaging as there is. However, texting while driving is so irresponsible and inconsiderate that is rises to the level of criminal. Unfortunately, this grossly negligent trend is most prevalent in our least experienced drivers. According to SADD (students against destructive decisions) 37 percent of teens polled rated texting while driving "extremely" or "very" distracting. The National Highway Traffic Safety Administration reports that 80% of crashes, and 65% of near-crashes, occur because of distracted drivers.

Despite this knowledge, and alarming number of teens admit to texting while driving. According to a AAA study, conducted in 2007, 46% of teenage drivers admitted to texting while the drive. Some experts contend that texting while driving should be considered right next to drinking and driving as a danger on our nation's roads.

Most states have adopted legislation to crack down on texting while driving. But the laws (and penalties) differ widely. Find out about your state's laws, or lack thereof. You owe it to yourself and your loved ones.

Originally posted at InjuryBoard by Ryan Scott

Burgers as Bad as Cell Phones When Driving

Ryan Scott — Tue, 31 Mar 2009 10:54:37 GMT

These days, talking on a cell phone and driving gets all the attention in the news. We all hear the reports and the statistics that using a cell phone while driving (especially without a hands-free device) is endangering ourselves and everyone else on the road. State legislatures across our nation are kicking into gear and banning the use of cell phones while driving. However, studies show that eating, not talking, is the most common no-no of the road and that enjoying your lunch while driving may be just as dangerous and talking on your phone.

At least one study indicates that 65 percent of drivers admit to eating while driving, compared to 58 percent that admit to talking on a cell phone. Drivers also thought that eating and talking were both unsafe but, admittedly, that didn’t stop many of them from filling up their personal gas tanks while they headed down the road. Drivers were asked to rate the dangerousness of several common distractions, including texting, applying make-up or shaving, and steering with the knees. Each of these distractions was rated more dangerous by the polltakers than talking on a cell phone or eating. However, the statistics show that the prevalence of eating makes it just as likely to be a causing factor in a wreck.

So, save the burger until the car is stopped. And, if you need one more reason… think of all the crumbs and sticky steering wheels you will avoid!

Originally posted at InjuryBoard by Ryan Scott

Fatal Two-Vehicle Accident on Highway 12 and Regional Boulevard

Sach Oliver — Wed, 18 Mar 2009 12:19:57 GMT

Fatal Two-Vehicle Accident on Highway 12 and Regional Boulevard

I have been meaning to blog about this location for several weeks now. My wife and I live in Cave Springs and we travel highway 12 often. Every time we round the curve right before the turnoff to the airport I always think this is a little bit dangerous. Also, when you’re coming north from the airport, every time I turn onto 12 from Regional Boulevard, I think I hope no one pops around that curve going very fast. It is a tough area for driving. As our area grows, more and more people will be going to the airport and leaving the airport. We should all slow down a little in that area so another wreck doesn’t happen.

The details of this wreck are truly sad. According to the Arkansas Democrat Gazette, Steven M. Homewood, age 52 , of Huboldt, Kansas was killed after his northbound truck ran a stop sign at Arkansas 12 and Regional Blvd. and struck the passenger side of a car driven by George K. Black of Westville, Oklahoma. The vehicles both overturned. Mr. Black and his passenger Karen J. Heath were taken to Northwest Medical Center – Bentonville. Apparently, Ms. Heath was in critical condition.

Originally posted at InjuryBoard by Sach Oliver

Who Are the Most Dangerous Drivers On the Road?

Ryan Scott — Fri, 27 Feb 2009 16:05:53 GMT

Do you have a teenager eager to strike out on the road with a group of friends and no adult? Are you scared to death? If your answers were yes, you are not alone!

According to Mary Aitken, the director of the Pediatric Injury Prevention Program at Arkansas Children Hospital, the first year a teenager drives poses the highest risk of injury for any driver of any age (including senior citizens). Boys are more likely to be involved in car crashes than girls and, not surprisingly, are more likely to engage in risky driving behavior that leads to car crashes. In my home state of Arkansas, Aitken and some legislators are seeking to enact more stringent licensing requirements for teenagers. Specifically, the group seeks to make it illegal for teenagers between the age of 16 and 18 to drive with more than one teen passenger, except in certain circumstances. The group also advocates a law that would make it illegal for those drivers to be on the road without a licensed adult between 11 p.m. an 5 a.m.

Limiting the number of passengers a new driver can have and limiting the hours a new driver can be on the road is endorsed by the American Automotive Association (AAA). Statistics from the Insurance Institute on Highway Safety show the likelihood that a 16-year-old will crash goes up by 40 percent with just one teenage passenger. With two passengers, that risk doubles, with three, it quadruples! The AAA notes that as the number of teenage passengers in a vehicle driven by a teenager increases, so does the potential for distraction and the likelihood of negative peer pressure.

The AAA and several other organizations promote graduated licensing, tougher requirements, and training as the antidote to ever increasing trend of injury from inexperienced drivers.

Originally posted at InjuryBoard by Ryan Scott

LIFE AND DEATH CHOICE: WHICH HOSPITAL?

Sach Oliver — Wed, 25 Feb 2009 13:53:08 GMT

LIFE AND DEATH CHOICE: WHICH HOSPITAL?

In reviewing an article published by the Arkansas Democrat Gazette on January 25, 2009, I found the article informative and a must read for residents and visitors of Arkansas.

The article states that in 2006, an estimated 15,000 Arkansans died from injuries and 6,000 suffered permanent disabilities because of the lack of a trauma system. Arkansas as a largely rural state has residents and visitors who regularly drive long distances between cities. That means there is a larger chance of more accidents in remote areas that take longer for emergency personnel to respond and to transport the injured to the proper facility.

Arkansas has the third-highest motor vehicle death rate in the country at 25 deaths per 100,000 people annually, compared to the national average of 15.2 per 100,000. This information was obtained through the U.S. Centers for Disease Control and Prevention.

According to the article, Governor Mike Beebe is pushing for $88 million in tobacco- and cigarette-tax increase to benefit 23 health care programs, including $25 million for the trauma system.

Arkansas is the only state without a trauma center.

Hospitals can be certified as Level I through Level IV trauma centers based on the level of emergency care they can provide. Level I centers provide the highest level of care and must have a variety of specialists and surgeons on hand to care for patients. The risk of death is reduced by 25% if the patient receives care at a Level I trauma center, according to the American College of Surgeons.

In a trauma system, hospitals have to meet set standards for care and staffing, and a communications system would link hospitals and emergency responders statewide. This would ensure that trauma patients are taken from the accident scene directly to the closest facility best able to treat their specific injuries.

Currently, State law requires ambulance drivers to take patients to the closest emergency room which may not have the specialists available to treat a particular patient. Patients are then transferred to another hospital if needed. This is what a trauma system would help prevent, wasted time.

Update: On February 17, 2009, Governor Mike Beebe signed into law a 59-cent cigarette tax increase, and an increase in the sales tax of other tobacco products from 32% to 68%. This money will be used to fund the 23 health care programs and the trauma system mentioned earlier in the article.

This post written by: Leona Crowe, Legal Assistant to Sach Oliver

Originally posted at InjuryBoard by Sach Oliver

Focusing On The Postitive

Sach Oliver — Sun, 25 Jan 2009 15:59:00 GMT

This post written by: Leona Crowe, Legal Assistant to Sach Oliver

One of the most important things to look for when hiring staff for your office is to think outside the box or resume. A potential employee may not have the exact skill level that you are looking for but if they have a positive attitude and a willingness to learn it is worth the effort to train them in the areas that need attention. Any office can hire a number of employees to do the job but it takes a trained person focused on the positive to actually get the project done completely and correctly.

I read an article recently that said everyone should change their mindset from the approach “I have to” to “I get to”. This intrigued me so I read further and realized it was exactly correct. Who wants to do something they HAVE to do! It is much more appealing and gives the task warrant if you use “I GET to.” For example, I get to work on projects that are extremely important instead of “I have to” work on …etc. The “I have to” approach makes the job seem like a terrible task that no one wants to have to do! But if the approach were more positive such as, “I GET to work on projects that are extremely important!” It encourages you to approach the task with a positive attitude and in turn you will have more focus on completing the project.

Originally posted at InjuryBoard by Sach Oliver

How To Go From Frustrated To Relieved

Sach Oliver — Sat, 24 Jan 2009 12:14:00 GMT

This post written by: Leona Crowe, Legal Assistant to Sach Oliver

After much thought, I realized that one of the reasons we can provide excellent service and care to our clients is because our clients are the best! Sometimes, however, our clients are extremely frustrated when they first contact us…let me explain.

Put yourself in a new client’s shoes. You are driving to work one day and because someone else is talking on their cell phone or putting on their makeup and not paying attention. You are hit and injured as a result of their lack of following the rules of the road. Then you don’t make it to work because you are going to the emergency room in an ambulance or you are going to see your primary care doctor. You continue to have additional visits to your doctor or to a specialist and during the entire time you are trying to get well your phone is ringing off the hook from aggressive insurance adjusters or from bill collectors. Bills are piling up. All of this at once can be extremely stressful and frustrating.

So, the extremely stressed and frustrated client can at the beginning be stressed because they are so tired of dealing with the insurance companies, paperwork, doctor’s visits, prescriptions, therapy, and all that goes with the healing process.

Then a great thing happens, you choose to let Bailey & Oliver Law Firm to handle your personal injury case. We immediately send out letters to the insurance companies that we represent you and stop those letters and phone calls. We send requests to medical providers for your medical records and billing. We can even call and help stop the collection calls. In most cases, we can work with the creditors to prevent them from reporting the debt on your credit report. Wow, that is a lot of stress off of our great client so that they may concentrate on getting well.

Originally posted at InjuryBoard by Sach Oliver

Watch Out For Black Ice

Sach Oliver — Fri, 05 Dec 2008 16:04:21 GMT

This last week, we had black ice in Northwest Arkansas. There were so many wrecks on the interstate that I felt I should at least blog on this scary and invisible danger.

Black ice is a thin coating of glazed ice on a surface, often a roadway. While not truly black, it is transparent, allowing the usually-black asphalt roadway to be seen through it, hence the term. It is unusually slick compared to other forms of roadway ice because it contains relatively little entrapped air in the form of bubbles. Black ice is transparent and thus very difficult to see compared to snow or frozen slush. For this reason it is especially hazardous when driving or walking because it is both hard to see and unexpectedly slick.

Bridges and overpasses can be especially dangerous. Black ice forms first on bridges and overpasses because air can circulate both above and below the surface of the elevated roadway, causing the pavement temperature to drop more rapidly. This is often indicated with "Bridge May Be Icy" warning signs. This Thanksgiving holiday weekend, there were about 40 vehicle wrecks due to ice forming on the bridges and over passes on Interstate I-540. Luckily, only minor injuries were reported considering the high number of wrecks.

We suggest the following things to prepare and look for when driving in winter weather:

1. If ice forms on your windshield wipers or on your side view mirrors, then it may also be forming on the roadway.

2. Be aware of shady places on the roadway where ice easily forms.

3. Four wheel drive is not effective on ice. Front wheel drive vehicles handle better than rear wheel drive on slippery ice because the weight of the engine is on the drive wheels, which helps to improve traction.

4. Cars and light trucks can put sand or kitty litter bags in the trunk or back to balance the weight.

5. During weather warning of ice and snow; Do not use your cruise control because if you hit ice it will cause your car to speed up.

6. Listen to the radio for weather information when the temperature drops.

7. Slow down significantly before crossing bridges or overpasses during icy weather.

8. Put a first aid kit, warm blanket, a flashlight and extra batteries, water, and granola bars in your vehicle in case of emergency.

Anti-lock braking systems (ABS) offer significant advantages on slick roads, if used correctly. To operate ABS effectively, motorists should apply steady pressure to the brake pedal during the entire stop. ABS will automatically pump the brakes, if necessary, to keep the wheels from locking. Never manually pump ABS brakes yourself. Apply only steady pressure continuously until you come to a complete stop.

If you don't have ABS, you should gently apply pumping pressure to your brakes during slippery conditions. Do not apply steady pressure to your brakes. Standing on your brakes will only cause wheel lock, and may result in your car spinning out of control.

How to handle skids:

FRONT WHEEL DRIVE: It is possible to steer out of a skid! Once you feel your car begin to skid, slowly remove your foot from the accelerator, until you feel your wheels regain traction control. (Do not attempt to brake!) As your vehicle's tires grab the road, slowly turn the steering wheel in the direction you want your front wheels to go.

REAR WHEEL DRIVE: When you begin to spin, remove your foot from the gas pedal. Slowly steer in the direction you want the car to go. If you are still skidding out of control, counter-steer until your vehicle is pointing in the right direction. Never apply steady pressure to the brakes.

With winter Storms, the most important thing to remember in the ice is to stay home or at least drive carefully if you do decide to go out. A good place to start your trip is the Arkansas Highway Department. Their site contains details about which roads are safe to travel and which roads are the worst. The Highway Department also has a phone number so you can access road information without a computer (if you don't have power for example). You can call 501-569-2374 to get a recorded message containing the same information found on the web.

I would like to thank Leona Crowe, our legal assistant, for helping me research this important topic.

Originally posted at InjuryBoard by Sach Oliver

Old Man Winter Wreaks Havoc In NW Arkansas

Ryan Scott — Thu, 04 Dec 2008 16:27:03 GMT

With the new month of December came winter weather here in Northwest Arkansas. A cold front moved in quickly and caught many unsuspecting holiday travelers by surprise. Arkansas State Police reported at least 40 wrecks along Interstate 540 in Washington and Benton County, Arkansas in the early hours of December 1st. Police blamed an earlier rain, a quick drop in temperatures to below freezing, and unsafe driving as the catalyst for a wild night.

Drivers report seeing cars spinning down the interstate, pickups tumbling down hillsides, and even a thoroughbred horse running down the median. The horse, named Johnny G, escaped when the trailer he was riding in was smashed by a wreck. Police were happy to report that only 4 minor injuries were sustained (and that Johnny G was safe and back in his trailer, thanks to the Arkansas State Police and Washington County Sherriff's Department).

This treacherous night is a reminder that we must remain vigilant when mother nature decides to make an ice rink out of our roadways. Here are some reminders from AAA that we should all be mindful of when icy or snowy weather hits:

Accelerate and decelerate slowly. Appling the gas slowly to accelerate is the best method for retraining traction and avoiding skids. Don't try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.
Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning - nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.
The normal dry pavement following distance of two to three seconds should be increased to eight to ten seconds. This increased margin of safety in front will provide the longer distance needed if you have to stop.
Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
Don't stop if you can avoid it. There's a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until the light changes, do it.
Don't power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.
Don't stop going up a hill. There's nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.
Stay home. If you really don't have to go out, don't. Even if you can drive well in the snow, not everyone else can. Don't tempt fate: If you don't have somewhere you have to be, watch the snow from indoors.

This last tip ultimately the best. Remember, you may be doing everything right, but the driver behind you may be doing everything wrong!

Originally posted at InjuryBoard by Ryan Scott