When most people think of car accidents, head-on collisions or high-speed freeway pileups often come to mind. However, rear-end collisions are equally devastating. According to the National Safety Council, rear-end collisions account for over 17% of all traffic-related deaths. 

While they might seem less catastrophic at a glance, these crashes can be particularly deadly due to a phenomenon known as an “underride accident.” This occurs when a smaller passenger vehicle slides under the rear end of a tractor-trailer. The impact often shears off the top of the car, causing fatal injuries to those inside.

The brutal truth is that rear-end collisions involving trucks are not only common, but many of them are entirely preventable.

The Hidden Risk of Underride Accidents

Most tractor-trailers today are equipped with what’s called a “rear impact guard”. It is a horizontal steel bar designed to stop vehicles from sliding underneath during a collision. But the effectiveness of these guards varies widely depending on their design. 

For instance, some guards are built to withstand impacts up to 30 mph. But on highways, where minimum speeds typically begin at 40 mph, this level of protection may be woefully inadequate.

This design gap has been the subject of increasing scrutiny. Experts, engineers, and safety advocates have long pushed for updated regulations, but progress has been slow. 

The current federal safety standards for underride protection were introduced in 1998. Critics argue that they haven’t kept up with the reality of modern driving conditions.

A Tragic Crash Sparks Legal Action

A recent case in St. Louis, Missouri, has reignited the conversation around this pressing safety issue. In a high-profile product liability trial, a jury awarded $462 million to the families of two young men. They were killed in a 2019 rear-end crash involving a Wabash National trailer.

Their vehicle slid underneath the trailer, and the plaintiffs argued that the trailer’s two-post rear impact guard was fatally inadequate.

The families’ attorneys made the case that a four-post design already adopted by some manufacturers could have prevented the fatalities. They also alleged that Wabash knew about the design’s limitations but avoided improvements due to cost concerns.

Outdated Standards and a Landmark Verdict

Although the trailer met existing federal safety standards, the plaintiffs contended that those standards were outdated and ineffective at highway speeds.

The jury agreed, awarding $450 million in punitive damages and $12 million in compensatory damages. The decision is being viewed by many as a wake-up call for the trucking industry and regulators alike.

This St. Louis case is a powerful reminder that skilled legal representation can make a difference. With the right support, families can fight for accountability and receive a measure of justice, even if it’s financial.

If you or someone you love has been involved in a car accident, don’t wait to seek help. An experienced truck or car accident lawyer in St. Louis can help you get justice.

TorHoerman Law writes that a knowledgeable lawyer can help you understand your rights and gather critical evidence. They can also negotiate with insurance companies and pursue the compensation you deserve.

What This Means for Everyday Drivers

For everyday drivers, the tragedy underscores a larger truth: not all vehicles on the road are equally safe to crash into. While that may sound grim, understanding the risks can empower drivers to make better choices and to push for stronger safety standards.

When driving behind large trucks:

• Keep a generous following distance. This gives you more time to stop in case of sudden braking.
  
• Avoid lingering in a truck’s blind spot. If you can’t see the driver’s side mirrors, they likely can’t see you.
  
• Be especially cautious at high speeds. Even modern safety features in your own vehicle might not be enough to protect you in an underride situation.

The Call for Reform

The Missouri case may be one of the largest verdicts of its kind. However, it’s not the first time the issue of underride guards has come under fire.

Rear underride collisions have long been a known hazard. This has prompted safety advocates to push for national legislation requiring stronger, more rigorously tested rear impact guards on all trailers.

These advocates argue that the current patchwork of safety measures is not enough, especially when lives are at stake during high-speed crashes. While some manufacturers have taken it upon themselves to adopt improved designs, many others continue to rely on outdated or minimally compliant equipment. 

In the absence of clear and enforced federal regulations, the industry remains uneven, leaving drivers and passengers exposed to unnecessary risks on the road.

Some manufacturers have voluntarily improved their designs, but many have not. Without regulatory pressure, the status quo remains dangerously inconsistent.

FAQs

Are underride guards mandatory in all countries?

No, underride guard regulations vary globally. While the U.S. has federal standards for rear guards, they haven’t been significantly updated in decades. Countries like Canada and those in the European Union generally have stricter and more modern standards for underride protection.

Do modern safety features in cars help in underride accidents?

Features like automatic emergency braking (AEB) can reduce the risk of a collision. However,  once an underride crash occurs, most car safety systems (like airbags or crumple zones) offer limited protection. That’s because the point of impact is often higher than where these systems are designed to engage.

Do trucking companies bear responsibility for underride crashes?

The outcome can vary based on the unique circumstances of each case. If the trucking company used trailers with outdated or poorly maintained guards, they could be held partially or fully liable. This also applies if they failed to retrofit safer options when available, especially when those upgrades were industry standard or easily accessible.

Overall, lawsuits like the Wabash case help shine a spotlight on the dangers of rear underride collisions. But meaningful change requires public awareness, updated regulations, and industry accountability.

Until stronger safety measures are in place, rear-end collisions with commercial trucks will remain more dangerous than necessary. 

If you or someone you know has been involved in a truck-related accident, seeking legal representation is essential. These cases often involve complicated questions of liability and regulatory compliance. The right legal team can be crucial in securing the justice and compensation you deserve.

About Post Author

Marcus M.

http://www.bmwcoop.com

The post Why Rear-End Collisions with Trucks Are More Dangerous Than You Think appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.

If you’re expecting a baby and find yourself in a car accident while living in or visiting Fresno, California, it can be a stressful and overwhelming experience. The well-being of both you and your unborn child becomes your primary concern, but navigating the legal and medical steps can add further confusion. Knowing what to do in such a situation is crucial, and a knowledgeable Fresno car accident lawyer can be a valuable resource to help you manage the aftermath. Here’s what you need to know to protect your health, your rights, and your future.

Car crashes can be challenging for pregnant women. The main concern is making sure that both the mother and unborn child stay safe and healthy. Knowing the actions to follow after such an event can offer reassurance and make it easier to handle the circumstances. 

Quick Safety Precautions 

Immediately following a car crash or collision, it is essential to prioritize safety foremost. If feasible, consider relocating to a spot away from traffic. Switch on the hazard lights to signal motorists about the occurrence. It is advisable to contact emergency services to inform them about the incident, ensuring that you provide information regarding your whereabouts and any injuries that may have been sustained.

In Need of Care

Pregnant individuals need to prioritize care for their health and the well-being of the baby they are carrying. Even if they think any injuries are minor or nonexistent, it is crucial to have a comprehensive medical checkup done by healthcare providers to identify and address any potential risks to the pregnancy promptly by visiting a hospital or reaching out to a healthcare professional for assistance as doctors frequently conduct ultrasounds or other tests to monitor the baby’s health status. 

Recording the Event 

It can be helpful to have records of the accident for reference. Collecting details from everyone involved, such as their names and contact information, is good. Their insurance details should also be noted. Photos of the accident scene, vehicle damages, and visible injuries can offer evidence. Recording the weather conditions and state of the road can also be advantageous. This data can assist in any matters or insurance claims that might come up. 

Notifying Your Medical Professional

Talking to a healthcare professional about the incident is extremely important, as they can provide tailored advice for pregnancy-related issues. Any signs felt after the accident, like stomach pain, lightheadedness, or strange movements by the baby, should be shared. Healthcare professionals can also observe the pregnancy to see if there are any problems or pressures on the baby. 

Exploring Your Legal Entitlements

Learning about your rights following a car crash can be empowering and informative in decision-making processes regarding accident mishaps. Consultation with a legal expert can clarify available choices concerning compensation or liability. An attorney well-versed in handling car collision cases can assist individuals in navigating legal proceedings to safeguard their rights. Understanding these entitlements offers comfort and aids in making well-thought-out decisions.

Coping with Stress and Emotions

Maintaining your balance is just as crucial as taking care of your body. Dealing with a car accident while expecting can bring up feelings of tension or worry that shouldn’t be overlooked or pushed aside lightly by anyone in that situation. In times like these, leaning on loved ones for support or seeking guidance from trained professionals is wise. Calming techniques like breathing exercises or engaging in physical activities such as meditation and gentle workouts may offer relief when stress levels rise. 

Factors to Consider About Insurance

Dealing with insurance claims following an accident is typically crucial. It requires action by contacting the insurance company to report the incident promptly, ensuring a smoother experience by supplying them with all necessary documented information. Understanding your insurance coverage and being aware of medical benefits for pregnancy-related care can help manage any financial repercussions. Thoroughly reviewing the policy aids in understanding what to anticipate from the insurance company. 

Strategizing for What Lies Ahead

It’s an idea to think about what is coming up after dealing with urgent matters first and foremost. In this situation, regarding pregnancy care, it is vital to keep track of through follow-up appointments if necessary. It is worth considering making some changes in how you go about your routine or getting around for safety measures. Reviewing what happened and putting steps in place can help lower the chances of incidents. 

Final Thoughts

Dealing with the aftermath of a car crash while pregnant comes with factors to think about. Putting safety first, getting help, and grasping the insurance sides are crucial. Taking care of your state and preparing for safety will result in better results. When armed with the know-how and assistance from others, moms-to-be can face these circumstances with assurance and top-notch care for both themselves and their little ones. 

About Post Author

Marcus M.

http://www.bmwcoop.com

The post What to Do If You’re Involved in a Car Accident While Pregnant appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.

When navigating the aftermath of a car accident, victims often find themselves overwhelmed by the complexities of legal proceedings. One aspect significantly influencing a survivor’s decision to pursue a lawsuit is the financial arrangement with their attorney. What is a contingency fee, and how does it shape the pursuit of justice in car accident cases?

The Essence of Contingency Fees

A contingency fee arrangement is a financial agreement between a client and an attorney where the attorney’s payment hinges on the outcome of the case. If the client wins the lawsuit or secures a settlement, the attorney receives a predetermined percentage of the awarded amount. If the case is lost, the client is generally not obligated to pay the attorney for their time and labor.  You need to speak to an experienced car accident lawyer in Philadelphia if you have been involved in a car crash to get a better understanding of what a contingency fee means as it relates to your lawsuit.

This fee structure is a lifeline for many who might otherwise be unable to afford legal representation. By mitigating the financial risk for clients, contingency fees allow access to legal recourse, enabling individuals from various economic backgrounds to seek justice.

The Evolution Of Contingency Fees

The concept of contingency fees stretches back to the 19th century and began to evolve. Initially, the legal profession in the United States was cautious about such arrangements, fearing they may promote frivolous litigation. However, as the legal landscape evolved, the benefits of contingency fees became more apparent, more so in the area of personal injury law.

Various jurisdictions have also embraced this model, recognizing its role in leveling the playing field. The specifics of these arrangements, including permissible percentage rates and regulatory oversight, vary widely across different states.

The Mechanics of Contingency Fees

Typically, contingency fees in car accident lawsuits range from 25 percent to 40 percent of the final settlement or judgment amount. The exact percentage depends on factors such as the complexity of the case, the stage at which the case is resolved, and the customary rates in the attorney’s locality.

For instance, if a client secures a $100,000 settlement with a 33 percent contingency fee agreement, the attorney would receive $33,000. Additional costs, such as court fees, expert witness fees, and other litigation expenses, may be deducted from the settlement amount before the attorney’s percentage is calculated. Since attorneys only get paid if they win, they are motivated to achieve the best possible outcome for their clients.

Pros and Cons of Contingency Fees

While contingency fees offer numerous advantages, they are not without drawbacks. The potential benefits and pitfalls may include:

Pros:

1. Accessibility: Contingency fees enable clients to obtain legal representation without upfront costs.
2. Motivation: Attorneys are incentivized to work diligently and efficiently, as their compensation depends on a successful outcome.
3. Risk Mitigation: Clients are not financially liable for attorney fees if the case is unsuccessful, reducing their exposure to financial risk.

Cons:

1. High Costs: The percentage taken by attorneys might seem steep, particularly in cases where settlements or judgments are substantial.
2. Potential Conflicts: Attorneys might prefer settlements over prolonged litigation to secure quicker payments, which could conflict with the client’s best interests.
3. Lack of Transparency: Without a clear understanding of all potential costs and fees, clients might feel blindsided by the final payout division.

Making an Informed Decision

Choosing an attorney based on a contingency fee arrangement requires careful consideration. Here are some steps clients can take to ensure they are making an informed decision:

1. Thorough Research: Investigate potential attorneys, focusing on their track records, client testimonials, and any past disciplinary actions.
2. Detailed Contracts: Insist on a written agreement that clearly outlines the contingency fee structure, including all potential additional costs.
3. Open Communication: Engage in candid discussions with prospective attorneys about their approach to car accident lawsuits and their contingency fee policies.

Legal and Ethical Considerations

Contingency fee arrangements are subject to stringent ethical guidelines and legal standards. Attorneys must provide clear and comprehensive explanations of their fee structures, ensuring clients fully understand the implications. Many states impose caps on contingency fee percentages to prevent exploitation and maintain fairness in the legal system.

Ethical considerations also extend to the attorney’s conduct throughout the case. They are bound by a duty of loyalty and must prioritize the client’s best interests, irrespective of the financial dynamics of the contingency fee arrangement.

Contingency fees play a pivotal role in car accident lawsuits, providing a gateway to justice for many who might otherwise be deterred by the cost of legal representation. By understanding these agreements, clients can navigate their legal journeys with greater clarity. Justice should be accessible to all, regardless of financial standing.

About Post Author

Marcus M.

http://www.bmwcoop.com

The post Understanding Contingency Fees In Car Accident Lawsuits appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.

The Department of Transportation Inspector General (DOTIG) is said to have concluded an audit of the National Highway Traffic Safety Administration (NHTSA), and how it’s been identifying safety defects in vehicles. DOTIG is not happy with the findings. Considering traffic collisions remain a leading cause if serious injury and death in the U.S., the news is not encouraging. It’s also nabbed the attention of Aventura attorneys.

Says the Neufeld Law Firm, an Aventura car accident lawyer, an Aventura personal injury attorney is the kind of lawyer who will assist an individual who’s been injured in an auto accident to obtain the financial compensation they require for quality-of-life impacts and for everyday necessities. 

But many auto accidents can be avoided if simple vehicle defects are detected early. According to a new report by Car and Driver, determining what’s potentially wrong with a new vehicle in 2023 takes a long time. Too much time, or so claims DOTIG which has published the comprehensive audit on why the NHTSA is slow-walking its analysis of safety defects in vehicles currently in use in the U.S.

In short, the NHTSA is said to have made some improvements in their handling of defect detection, but it’s believed that far more must be accomplished if lives are to be saved.

Too Many Defects. Not Enough Investigation

With regards to the report, the DOT targeted the NHTSA’s Office of Defective Investigation (ODI) since it plays an important role in both the gathering and analyzing of pertinent data, the investigation of current and potential defects, pinpointing unsafe vehicles currently on the road, plus management of the recall process and motor vehicle equipment.

In 2016 and 2020, ODI began new procedures which included the modernization of the software it uses to analyze and store data, and the restructuring of its entire office according to new hiring guidelines. But this was not enough to stop a large number of harsh criticisms that came directly from the DOTIG.

For example, the ODI did not post documents to its public website in a timely manner. It didn’t meet timeliness goals. It presently does not possess an integrated information system for crucial safety defect investigations plus associated recall processes. Also, the ODI did not consistently follow standard operating procedure for issue escalation. It is also coming up short on guidance regarding pre-investigative procedures and protocols.    

In short, the NHTSA, despite their restructuring efforts, is a failing organization that can directly lead to loss of life on U.S. roads. The report is said to provide specific details regarding these criticisms. For instance, regarding issue escalation, the DOT discovered that ODI regularly did not follow proper procedure which is needed to determine the vehicular problems that require prioritization and that therefore need to be investigated.

In 2019, NHTSA received around 75,300 consumer complaints, along with 32,500 “further substantive review” issues. In turn, NHTSA issued 966 recalls in 2019, but ODI only launched a paltry 88 investigations.   

Automotive Manufacturers Move Faster than NHTSA

Says Car and Driver, one the primary reasons for the lack of investigations is that privately run automakers have made the decision to launch their own recalls before ethe ODI has a chance to launch their own. The ODI is said to welcome these private investigations since it adds to their apparent measurement of success.

DOTIG has stated that ODI counts the number of vehicles that have been recalled instead of the number of potential safety defect investigations it has launched. In other words, they take credit where credit is not due.   

In the end, DOTIG has made more than a dozen recommendations to speed investigations up. The NHTSA has agreed with 10 of them thus far. They are still mulling over ways in which the government organization can meet their timeliness goals but did not agree with DOTs recommendation on developing across-the-board rules for negotiating manufacturers’ potential safety defects.   

Considering NHTSA’s response to the audit, DOTIG has openly said it now considers all 12 recommendations open and pending, but somehow, also “resolved.” But will any of this result in more and speedier recalls? The jury is said to still be out on that crucial issue.

One thing is for certain, the roads and highways in the U.S. are not getting any safer. While autonomous safety features like automatic braking and lane change warnings systems have helped in the reduction of some accidents, without an aggressive and finely tuned ODI, serious injuries and fatalities caused by vehicular collisions and faulty products will only continue for the foreseeable future.

About Post Author

Marcus M.

http://www.bmwcoop.com

The post <strong>NHTSA Said to be Using the Slow Lane to Investigate Vehicle Safety Defects</strong> appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.

BMW is one of the few luxurious cars that offer the best for its monetary value. For many people, the experience of driving a BMW can never be explained to someone else until they get behind the wheel themselves.

However, like any other car, a BMW can be involved in an accident.

According to a Philadelphia car accident lawyer, this is irrespective of your driving skills. However, a driver’s experience can play a significant role in avoiding some accidents.

The world still awaits car technology that can completely eliminate road accidents. Until then, we have analyzed some ways to avoid and minimize car accidents.

Wear your seat belt

In 2004, a World Health Report on road safety urged all nations to mandate seat belts to reduce the impact of car accidents. Now you should not be too surprised about why government road authorities enforce its use.

Meanwhile, this recommendation is not intended to inconvenience car drivers and passengers.

A study published in 2018 confirmed that using seat belts significantly reduces the impact of car accidents. Specifically, it reduces the risk of major injuries on the face, abdomen and spinal cord.

Do not Overspeed

Overspeeding has been linked to a considerable number of accidents. In fact, according to the WHO, increasing your speed by 1 percent above the stipulated speed in an area can increase your chance of fatal crashes by 4 percent.

Not only that, but it can also decrease the survival chance of pedestrians, bikers and joggers that may get in the way.

In contrast, not overspeeding, aside from preventing your car from crashing, can reduce your BMW fuel consumption. Generally, vehicles require the most energy when accelerating.

12-second driving rule

Since a lot of collisions are a result of driver distraction, therefore, experts recommend the use of the 12-second rule.

The 12-second rule implies that a driver should observe the road at least 12 seconds far, away from the present spot. This would help the driver spot any danger or obstacles before coming too close.

To apply this method, while driving, identify an object ahead, such as a billboard and start counting the seconds it took you to reach the object.

If you pass the object before the 12-second countdown, adjust your speed. Affording more than 12 seconds between you and the targeted object is another idea worth considering whenever it is possible.

Avoid distraction

Every day in the United States, at least nine people lose their lives because of distracted driving. About 1 in 5 of these people were never in the car; they are pedestrians or bikers.

The use of mobile phones is a key contributor to distracted driving. Studies have revealed that using a phone while driving can increase the risk of accidents by four times.

To avoid this, avoid anything that could take your mind off the road. This includes eating, assisting kids in the back seat or trying to read the sentences on a billboard. If any of these are essential, pull over to attend to them.

Do not drive while drunk

Drunk driving is responsible for at least the death of one person every 45 minutes in America.

It is alright to have fun; we all need such time to relieve work stress. But whenever you plan to drive, do not drink, and when you drink, do not drive. You can ask a friend to drop you off or, better yet, use a ride service.

Alcohol interferes with the brain and influences how it works including the interpretation of visuals. It affects the part of the brain that controls balance, speech and cognition.

Be careful while driving in rain and snow

Except it is important, do not drive in rain and snow. They reduce visibility and make the road slippery.

Therefore, if you must drive, be more vigilant and cautious. Any error while making a turn, for instance, can spin your car out of control.

For optimal safety, change your tyres to better compatible ones, such as snow tyres, during this period.

Never run red lights

There is nothing to justify running a stop sign or red light, it is a traffic law violation and could endanger pedestrians’ lives.

Even though drivers know this is wrong, many still do it. According to the Federal Highway Administration (FHA), 1 in 3 drivers run the red light at least once every 30 days of driving.

Ignoring red lights has resulted in 9,000 deaths in the last decade. While 165,000 people, including bikers, joggers and others not in the car, are injured annually.

Image Source: BMWBlog.ro

About Post Author

Marcus M.

http://www.bmwcoop.com

The post 7 Ways BMW Drivers Can Avoid and Minimize the Impact of Car Accidents appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.

The first car accident to be reported in America occurred in 1891. The car – which was carrying two passengers – hit a tree root, causing the driver to lose control and crash into a hitching post. In those days, cars were new and car crashes were things that were dealt with on an ad hoc basis. These days, statistics for the number of people killed in car crashes across America show that an average of more than 100 daily car crashes lead to fatalities – that’s not even including the number of car crashes related to injuries and non-injuries (if you have been affected, find an Alexandria car accident lawyer). Getting back on the road as quickly as possible means returning to normal, and we all want to return to normal. Let’s look at the options. 

If you were to blame for your car accident 

If you were to blame for your car accident, you have a few options. First of all, you may not need to make a claim against your own insurance policy if you can afford the repairs to your vehicle. However, this may prove costly, and you may discover that selling the car for spare parts and purchasing a new vehicle is preferable to the expense of paying to fix your car – especially if the car is an older model that is not expected to retain much market value (making a costly fix financially inadvisable).

Your second option is to make a claim against your own insurance policy. This will likely result in raised future premiums, but can provide instant access to the funds required to fix your vehicle and get you back on the road as soon as the fixes can be made. In this case, shop around for quotes from garages to ensure that you get a deal that keeps costs down (some larger garage chains may charge more for their services, for example, as they have to cover overheads like advertising costs that smaller garages don’t need to include in their prices). 

If you were NOT to blame for your car accident 

If you have been involved in a car accident that was not your fault, returning to the road can be achieved by speaking to a lawyer about starting a claim. Depending on your personal circumstances, and depending on the circumstances of your accident, you may be able to secure a compensation pay out that covers the cost of repairs to your vehicle and also covers the cost of access to a temporary vehicle in the meantime. Your compensation claim could also mean that you are able to claim for any injuries, lost earnings, or any other expenses encountered as part of your non-fault accident (e.g. medical expenses and travel to and from medical appointments). 

If you are unsure about whether you are to blame for your road accident, always speak to a lawyer for more information on your specific circumstances and what to do next 

About Post Author

Marcus M.

http://www.bmwcoop.com

The post Car accident – how to get back on the road fast appeared first on BMWCoop | BMW Blog, BMW News, BMW Reviews.