Posts Tagged With: Traffic collision

Driving while Intexicated

ImageMany people today use text messaging over phone calls to communicate with one another. While texting can save you from small talk, awkward pauses in conversation and has the capability of getting straight to the point, texting can also cost you your life or the life of another. According to textinganddrivingsafety.com, in 2011, at least 23% of auto collisions involved cell phones. It is estimated that texting while driving makes an accident 23 more times likely! Due to the rising number of accidents resulting in part from texting and driving, many states have made it illegal to text and drive. Washington was the first state to pass a law banning texting and driving. Today, the majority of states have laws banning texting and driving.

Much of the media has put out the message that a text can wait and I can totally agree with that. Texting and driving is most common amongst young adults. Just recently, Socastee High School students took a pledge not to text and drive. You hear the stories and you may even witness an accident that resulted from texting and driving but can you imagine your child being the cause of the accident or the victim of the accident?

Texting is not the only distraction that a phone brings, many people surf the web while they are driving or post to their social media sites. The bottom line is, every driver owes a duty of care to act as a prudent careful driver. The law states you must use reasonable care in operating a motor vehicle. If you or your loved one was injured due to the carelessness of another driver, then contact Daniel Selwa today. Act quickly by contacting your local attorney so that the careless driver does not make the same mistake of texting and driving twice.

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Categories: Civil Litigation, Driver License, Personal Injury | Tags: , , , , | Leave a comment

Automobile Accidents: How you can be compensated for your losses

ImageEvery ten seconds someone in the United States is involved in a car accident. Today, cars are made to crumble upon impact. Cars are designed this way so that the driver and passengers are better protected from personal injury. While cars have come a long way in safety, unfortunately, many car accidents still result in death and serious injury. In fact, automobile accidents give rise to the majority of personal injury claims in the United States.

The law of negligence typically governs the legal claims arising from automobile accidents. Negligence consists of: duty, causation (legal and proximate), breach and damages. In the automobile context, automobile drivers owe a duty to exercise reasonable care in operating their vehicle. The failure to exercise reasonable care results in a breach and thus, raises an inference of negligence. The Plaintiff bears the burden of proof in a negligence action which means he must prove the Defendant breached his duty of care and that his breach was the proximate cause of the accident and the actual cause of the Plaintiff’s injuries.

Courts look at several factors to determine whether a driver was acting negligently in the operation of their vehicle. Failure to exercise reasonable care may be found where the driver: disobeyed traffic laws or signals, failed to signal while turning, drove above the posted speed limit, and drove under the influence of drugs or alcohol.

Negligence is not the only legal theory of recovery for your personal injuries resulting from an automobile accident but it is the typical avenue to pursue when trying to recover for your personal injury damages. Call Daniel Selwa today to discuss your case.  Attorney Selwa offers free consultations to determine if the other driver’s negligence will allow you to recover monetary damages. Don’t let your medical bills and property damage bills overwhelm you, instead pursue your case with Daniel Selwa so that the at fault driver has to compensate you for your damages.

Categories: Insurance Companies, Personal Injury, Uncategorized | Tags: , , , , , , , , , , , , , , , | Leave a comment

What to do if you are involved in an automobile accident

One week before the South Carolina Bar Exam, my friend was struck by another car driven by a drunk driver. At the time of the accident, the roads were very wet due to the steady flow of rain. She told me how the impact of the hit and the slippery roads caused her car to slide several feet. A sense of panic and fear overwhelmed her as her car slid closer and closer to oncoming traffic. The sense of relief was even greater when finally; her car came to a halt. Soon after, she pulled over and so did the other car that struck her. The woman driving the car that hit my friend stumbled out of her vehicle.  Unsteady and shaky, my friend went on to tell me that she dialed the police immediately. The woman proceeded to plead with her to let her pay and leave. Quickly, my friend became aware that there was a strong possibility the woman might flee the scene of the accident. As she was talking to the police on the phone, she had the forsight to take down her tag number and noted the make and model of her car. So what was the outcome? Long story short, she didn’t flee, the police showed up, wrote a police report, searched her vehicle and arrested her.

Based on my experience and the law, I want to give you some advice regarding what you should do if you are involved in a car accident. First and foremost, don’t leave the scene of the accident. You can face criminal punishment for leaving the scene of an accident, particularly where injury is involved. Note, however, if you are involved in a car accident and you are in a remote area, proceed cautiously. It may be best to drive to the closest police station or public area to call the police.

Next, make sure to check on all the drivers and passengers. If someone is injured or trapped in a vehicle, you want to call for medical attention immediately. If everyone is okay, call the police.  It is important to obtain a police report of the accident so that if you have to be appear in Court, you have proofof the accident. It would also be wise to exchange information from the other driver and passengers involved in the accident. But, when conversing with the driver and passengers, be sure not to say too much. You don’t want to apologize for anything, if you do, that information could be used against in a Court of law.

Pictures, pictures, pictures! If you are able, take pictures of the damage at the scene of the accident. These pictures can serve as significant proof of who was at fault in the accident and how the injured party should be compensated.

When a police report is filed, insurance companies are usually contacted immediately. If you are the at fault driver, consult an attorney before you contact your insurance company or provide statements to any other insurance company.  Likewise, if you are not the at-fault driver, it would be advisable to contact an attorney to make sure you don’t get taken advantage of.  Remember one thing, whether your interest in this information is for criminal defense purposes or for personal injury purposes: Insurance companies are in business to make money, not help people.  Money is priority number one.

If you are injured in the automobile accident, it is extremely important to keep track of your medical treatment. You should keep a diary containing notes of all your doctors’ visits and referrals. You should also keep an itemized list of all the medical expenses you have incurred.

Lastly, don’t give up. Law enforcement and insurance companies alike may give you a hard time in pursuing your case. But, remember, you do have a case, if your property or person was injured at the hands of another or if you are being charged with a criminal driving offense, Daniel Selwa will work hard to help you.

Categories: Criminal Defense, Insurance Companies, Personal Injury | Tags: , , , , , , , , | Leave a comment

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