Whiplash is a neck, or spinal, injury that commonly occurs in rear-end automobile collisions. It describes the result of your head suddenly moving backward and then forward, pushing your neck muscles and ligaments beyond their normal range of motion, similar to someone cracking a whip. Neck injuries are serious because the neck is such a critical part of the body. All of neural messages and nutrient-giving blood cells travel to the brain and the rest of the body through the neck.

It is amazing how easily whiplash can occur. While a 5 mph crash is considered the threshold for soft tissue injuries, rear-end impacts of 6 mph to 12 mph actually cause the most injuries. Many automobiles can sustain a 10 mph crash with no damage. The old rule: “No Property Damage – No Cash” is completely untrue. A simple rear end accident, that causes no damage to your car, can have a severe long-term impact on your life.  You can prepare yourself for an accident by reading our accident checklist.

If you are hit from behind in an accident it is important see your doctor even if you feel fine. Some victims will experience whiplash symptoms within 24 hours of the injury, but the onset of most victim’s whiplash symptoms will be delayed. Whiplash symptoms can take several months to develop. Documentation of your injury will help your attorney hold the driver that hit you responsible for any medical conditions that result from your accident.

Most whiplash symptoms develop within 24 hours of the injury and may include:
• Neck pain and stiffness
• Headaches, usually at the base of the skull
• Dizziness
• Blurred vision
• Fatigue

Some people also experience:
• Difficulty concentrating
• Memory problems
• Ringing in the ears
• Sleep disturbances
• Irritability

Contact your doctor promptly if you experience:
• The pain spreads to your shoulders or arms
• It becomes painful to move your head
• You experience numbness, tingling or weakness in your arms

Whiplash injuries can be mild or severe. Treatment typically begins with over-the-counter pain relievers and ice applied to the painful neck muscles. If pain persists, prescription medications and physical therapy may be prescribed.

Most whiplash symptoms subside within three months, but up to 10% of whiplash victims become totally disabled! Despite what the insurance adjuster may tell you, whiplash is not something to be taken lightly.  Bryan W. Crews & Associates is an experienced and well respected personal injury law firm that will stand by your side, fight for your rights, and earn the compensation that you deserve!

Your Personal Injury Deserves Our Personal Attention!

Source:
National Institute of Neurological Disorders and Stroke
Mayo Clinic

Distracted Driving is now the largest cause of accidents.  It is estimated that 80% of all accidents can be attributed to distracted driving. In 2009 nearly 5,500 people were killed and 450,000 more were injured in distracted driving crashes.  Texting, talking on a cell phone, watching videos, grooming, talking to passengers, eating, drinking, and adjusting the radio are all common distractions. Teen drivers, because of their limited driving experience, are more likely than other age groups to be involved in a fatal crash where distraction is reported. In 2009, 16% of teen drivers involved in a fatal crash were reported to have been distracted.

The Secretary of Transportation has tackled distracted driving by creating distraction.gov to explain how risky distracted driving can be. The U.S. Government, Regal Cinema’s, and Outcast Media have also  launched a new PSA campaign targeting teens that is part of a new effort to educate teens about the dangers of distracted driving.  Short video clips use some common texting lingo, such as OMG (oh, my God), LOL (laughing out loud) and L8R (later) will be shown in theaters.  The videos, like some of the recent distracted driving commercials, may be a bit shocking!  The campaign include billboards along major roads.  One such billboard is located on I-4 East bound just outside of Daytona Beach.

What can you do?

Drive defensively, and keep your attention focused on the road.  Depending on how fast you are driving, your car may travel several hundred feet in the time it takes to pick up your phone or change the radio station.

What should you do if you are in an accident with a distracted driver?

Follow the guidelines in our Accident Checklist to keep you and your car safe from further damage.

Distracted driving has been identified as one of the leading causes of auto accidents.  You have the right to seek compensation if you have been injured by a distracted, careless, or negligent driver. The actual distraction that caused the accident can be difficult to determine. It often takes an investigation by an experienced professional to determine the true cause of the accident.  You need an experienced personal injury attorney to guide you and earn the compensation that you deserve. Bryan W. Crews & Associates is an experienced and well respected law firm where your attorney will investigate your accident, and personally handle your case.

Your Personal Injury Deserves Our Personal Attention!

Source: U.S. Department of Transportation Website http://distraction.gov

Social networking sites such as MySpace, Facebook, and LinkedIn have become our social hubs.   It seems as though all your friends, and their parents, have a presence and are sharing photos, stories, and interacting with each other.   Just be aware that you are not only sharing your life with your friends, but a host of companies that are intent on learning everything about you.

Social sharing sites have become the go to place for information.   Police have captured fugitives, lawyers have discredited witnesses, jobs have been lost, and have been marriages dissolved based on what has been posted on social sites.

Yes, the police, your employer, and your spouse could be monitoring your social media presence.  Now you can add your insurance company to that list!  Reviewing your social media profiles is now standard procedure for detecting fraud which analysts estimate costs the U.S. as much as $80 billion a year and accounts for 3% to 10% of total annual healthcare spending.  Any inconsistencies should be used only as a launch pad for further investigations but some companies that a step further.  A 29 year old Canadian woman was receiving disability benefits for “major depression” when her payments were abruptly stopped, without notice, because her insurance company uncovered photos of her walking on the beach and sitting in a hot tub. One might think it was just a matter of security settings, but her security was set to “friends only”, even more disturbing is that some of the photos were previously deleted.

Some companies are even investigating the use of social media sites in underwriting.  If you “Like” a cancer organization or join a skydiving group, it could result in higher premiums if your life insurance company can use your social media profile as proof of your “dangerous lifestyle” in underwriting your policy.

What can you do to prevent a denied insurance claim?

• Understand your insurance Policy. You need to understand what is covered, what is not covered, any coverage limitations, and all declared exclusions.  Call the customer service department if there is anything you do not understand.  Always have any elective surgery pre-certified.
• Keep good records. Keep all your records, receipts, diagnoses, and any other paperwork or correspondence pertaining to you or your family.
• Be aware of what you share on your social profiles. You know the insurance company can use your information against you.  As demonstrated in the instance above, your data is available no matter how hard you think you have locked it down

What can you do to fight a denied insurance claim?

• Keep a Journal. Document all correspondence with the insurer including date, time, agent, and notes from all phone conversations, and copies all written correspondence.  This will help you build your case and a timeline of events.
• Insist on a written explanation. Most state laws require insurance companies to provide written explanation of why a claim was denied.  Failure to comply is considered an illegal practice by the insurer.
• Do not accept filing errors as grounds for refusal. Always follow your insurer’s instructions for filing a claim.  An insurer cannot refuse to pay a valid claim, even if you incorrectly filled out the claim or submitted it late, unless the company can show it has been harmed by your error or prevented from making an adequate investigation due to your delay.
• Ask for help. Contact your insurance agent or group policy administrator for assistance.  You may be able to get help or advice in resolving your issue.
• Reply to insurer. If you receive a denial letter it is time to prove your case. Begin with the representative who denied your claim. Send a letter with a brief description of your problem, your policy number, and attach all relevant forms, bills, and supporting documents supporting documentation.  Request a response within three weeks.  If you do not receive a response within three weeks then send follow up letters with a copy of your original response to the representative’s supervisor, customer service department, and the company president.
• Request an appeal. If you are unable to resolve the problem for a valid claim then the next step is to file an appeal.  You will need to you must find out what the internal appeal process is at your insurer and follow it.  Ask you doctor for a letter to the insurance company supporting your case.  Your doctor must use the language of your policy in their letter.  Submit copies of all of your documentation.    Some states have require that the health plan have two levels of appeal if you are still denied benefits
• Get Professional Help. If your claim denied and you truly believe that it should be covered, then it is time to get professional help.  You can get free help from your state department of insurance, but their helpfulness varies from state to state.  Your last alternative is to contact a professional attorney who specializes in litigating insurance claims.  Your attorney can review your case and advise you of your options.

Often overlooked, the tires are one of the most important components in the safety and operating cost of your vehicle. Worn or incorrectly inflated tires minimize fuel mileage and reduce handling and stopping power.  Damaged tires are more likely to fail at high speeds with catastrophic results.

Ideally, it is best to check the tread on your vehicles’ tires once a month. Your ability to control their vehicle depends on the traction between their tires and the road. Tires are considered to have adequate tread at 2/32 of an inch.  Luckily this can be easily measured using the “penny test”. Place a penny, head first, into several tread grooves across the tire. If part of Lincoln’s head is always covered by the tread, you have more than 2/32″ of tread depth remaining. While you’re doing the penny test, look for signs of uneven wear or damage such as cuts, cracks, splits, punctures and bulges.  Any of these can be a symptom of another issue you’re your vehicle and significantly shorten the tire’s life span.

If snow is a concern for you, then you need at least 6/32″ of remaining tread depth to maintain good control. You need more tread depth in snow because your tires need to compress the snow in their grooves. You will need to perform the “quarter test” to measure tread depth just like you perform the penny test.  If part of Washington’s head is covered by the tread, you have more than 6/32″ of tread depth remaining. Of course, you still want to look for other wear or damage on the tire.

Safety is the #1 concern on the road! Check your tires regularly and you will have one less thing to worry about.   That may be the one thing that saves your life!

Product liability law is a highly specialized and complex area of personal injury law. Generally, product liability laws state that manufacturers, distributors, suppliers, retailers, and others who make products available to the public can be held responsible for any injuries or deaths that result from defects in the design, manufacture, or marketing of a product. Depending on the nature of the defect, a defective product claim may be filed against any or all parties involved in the sale of the defective product.

Product liability cases can be based on three different types of defects: design, manufacturing, or marketing. A design defect is an inherent flaw in the design of the item that makes the item unpredictable or unsafe. A manufacturing defect occurs when the assembly of a product fails to meet its design specifications. Lastly, a marketing defect exists when involves the inadequate or incomplete labeling of a product, or the failure to disclose information about its potential dangers. And that is why your hair dryer is labeled “Do not use in Bath”!

A strong product liability case is not dependent on demonstrating a specific act of negligence or the failure to exercise due caution. However, the product must be recognized to be defective, and it must be proven that the defect made the product unreasonably dangerous to use for its intended purpose. It is also crucial for the attorney to show that the injury sustained by the victim was not the result of ignoring clearly labeled warnings, or deliberate misuse or alteration of the product.

If you have questions, or have been injured due to use of a defective product, Bryan W. Crews & Associates can help. You will receive prompt professional guidance from an experienced attorney who will advise and guide you through the legal process. Please visit Bryan W. Crews & Associates for further information on our experience managing Product Liability and Defective Product cases.

How do you know if you should contact an attorney?  Do you have a case?  You should always contact an experienced attorney to review facts of your case, but here are a few things to consider:

There needs to be some physical or emotional damage.  The damage is a serious injury that is medically documented.  This is usually a permanent injury that will be an issue for the rest of the victim’s life.

There must be a liability.  The damage has to have been caused through the actions of the person at fault.  Did the person at fault run a red light, sell a defective product, or neglect to maintain a safe environment?

The final point to consider is the collectability of the case.  Collectability refers to the defendant’s ability to satisfy a judgment.  This is subjective, but the truth is that the defendant needs to have the ability to satisfy the judgment.  This is usually fulfilled through the defendants insurance.

It is always prudent to discuss your situation with a personal injury attorney if have been injured.  Each situation is unique and has its own set of special circumstances.  Always consult a proven attorney with trial experience and expertise litigating your type of case. Your personal injury attorneys at Bryan W. Crews & Associates can explain all of your options for compensation and guide you through the legal process.

This auto accident checklist was created to help prepare you in the event you are involved in a serious auto accident where you are injured, you have lost a love one, or if you are involved in a minor accident. To ensure your car accident is reported properly print out an Accident Report Form (provided by USAA)  and place a copy in all your vehicles as an efficient reference tool to help you remember any important information necessary in processing a legal claim.

Auto Accident Checklist

• Move to a safe location if you or your car is creating a safety hazard, blocking traffic  or if you’re worried about safety.
• Do not leave the scene of the accident; fleeing the scene of an accident can not only be detrimental to your health it can also carry hefty legal charges.
• Call the police follow their instructions and try to remain calm.
• Call 911 if there are any injuries, quickly reporting injuries can save lives!

In minor accidents, the police may instruct you to exchange information and then proceed to  contact your insurance company. But before you accept any settlements from insurance companies contact a personal injury attorney!

• Never discuss who is at fault with other parties this can lead to complications, physical altercations, and loss of claims in serious circumstances .
• Never disclose your policy details. You should only share your drivers license number, who you’re insured with, provide your member number, and provide your insurers phone number.
• Collect as much information as you can about the other drivers and passengers.

Make Sure You Report Your Claim Immediately.

• Request a tow never drive a damaged vehicle it can lead to additional accidents or injuries
• Reserve a rental vehicle
• Arrange your repairs. You have the right to select the repair shop of your choice. If you are not sure where to have your vehicle repaired contact your insurance company.

If you have questions or concerns contact Bryan Crews Accident Attorney today!

Phone (407) 841-0200 or Toll Free (800) 683-5291