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Car accidents can be confusing and complicated between those who are involved. More questions can arise following a car accident if you were required to drive for work. If you find yourself injured in a car accident while working, liability will come into question. It is always best to know the proper actions to take and who to contact after such situations.
The first concern following a car accident is safety; make sure everyone involved is okay, if possible. After contacting the proper first responders and filing a police report, the next best step is to contact your employer and the employer’s insurance company. You should also contact your own auto insurance company for documentation purposes. Your employer should inform all employees prior to an incident on what to do and who to contact.
Normally, the insurance companies will determine liability. The employer would most likely be held liable for any injuries or damages if their employee is found negligent in a car accident. If the other party is found to be completely responsible, then that person’s auto insurance will take care of the injuries to the employee.
Workers’ Compensation insurance will most likely cover your medical bills and other damages if you were injured in a work-related car accident. Workers’ Compensation does not cover you during your commute to and from work, only if you stopped during your drive to run a quick work-related errand or other uncommon scenarios. The employee’s own car insurance will normally be used as well, and in more extreme cases, Workers’ Compensation and the employer’s insurance will take over if the employee’s insurance does not cover the amount of damages and injuries.
Determining if the negligent party was working at the time of the car accident is vital. The victim in a work-related car accident can sue the employer, if that person was working at the time, which is called vicarious liability. Normally, the employer and their insurance company will have deeper pockets than the individual employee. Also, certain insurance companies do not recognize Workers’ Compensation. Because there are so many questions in these scenarios, it is recommended to contact a Workers’ Compensation lawyer for guidance.
If you were involved in a car accident while working for your employer, contact the Milford work injury lawyers at Rhoades & Morrow to receive the benefits you deserve. Call us at 302-422-6705 or fill out our online form for a free consultation today. Located in Milford, Wilmington, and Bear, Delaware, we proudly serve clients throughout the state, including Elsmere and Seaford.
A car accident can be a life-altering experience, wrought with physical pain and emotional trauma, and can leave you with many questions and decisions you may not be prepared to face. Regardless of severity, proper medical attention is essential following a car accident. Immediate medical attention is most important; not only for one’s health but for insurance purposes as well.
There are pros and cons to receiving medical attention at an urgent care or an emergency room. Money and insurance policies, or lack thereof, can certainly influence one’s decision on where to receive medical care after a car accident. Convenience and severity of the injuries also play into this decision. The following can help you decide whether to go to an urgent care facility or emergency room should you find yourself in this unfortunate situation.
After a car accident, you may think that you do not need medical attention. Often, the adrenaline following a traumatic event takes over, numbing you from feeling an injury. However, injuries can appear days or weeks after an accident, so it is always best to visit a doctor. This is where one would consider using an urgent care facility over an emergency room. Urgent cares are normally very quick, with shorter wait times, and have the same equipment and systems to care for you. Urgent cares are also cheaper for you and your insurance company and are generally more convenient.
However, if your injury is apparent or severe enough, an urgent care doctor may recommend you go to an emergency room. Emergency rooms have their advantages as well. They are just as thorough, if not more, regarding your healthcare than urgent care facilities. Specialty equipment is readily available, as well as advanced surgeons, technicians, and their appropriate facilities. If your injury is severe enough, an emergency room visit has certain advantages that urgent care facilities cannot provide.
The aftermath following a car accident can be overwhelming, regardless of its severity. The important thing to do is to seek medical treatment immediately following a car accident, whether you choose your primary care physician, an urgent care facility, or an emergency room. If you have been injured in a car accident, the Wilmington personal injury lawyers at Rhoades & Morrow can help you receive the compensation you are entitled. We will hold the negligent party responsible for your injuries. Please call us at 302-427-9500 or fill out an online form for a free consultation today. With offices in Bear, Milford, and Wilmington, Delaware, we serve clients across the state, including Elsmere and Seaford.
Prom night is a rite of passage that will hopefully be filled with fun times that make lasting good memories. There can be many mixed emotions around this time, particularly among concerned parents. While the teens excitedly choose attire, their parents dwell in angst.
One of the reasons parents are so anxious about the night is concern for their child’s safety. On one hand, parents are proud to see their children grow into adults and celebrate graduation with their peers. On the other hand, they are concerned about drug and alcohol use and worry that their child might succumb to peer pressure.
Parents have good reason to be concerned. According to the Centers for Disease Control and Prevention (CDC) motor vehicle crashes are the leading cause of death for U.S. teens. The National Highway Traffic Safety Administration approximates that over the past few years, about 300 teens have died in alcohol-related traffic accidents during prom weekend. A recent survey by Students Against Drunk Drivers found that an astounding 85 percent of teens said they were more likely to drive impaired than call their parents to pick them up over fear of getting in trouble with their parents.
Unfortunately, appointing a designated driver and assuming they will not drink is a bit of a gamble. The best intentions can be overtaken by the excitement of the moment. Putting the pressure on one child to provide protection to the others is not necessarily going to work.
The vicious cycle of worry and fear must be replaced with a practical approach. Parents and teens should agree on how transportation back and forth to prom (and any after parties) will happen in advance. Some parents may chip in to pay for a group to be transported by limo. This is not an option for most people. It may not be the most popular choice, but in the end, arranging for an adult to transport the kids back and forth to the prom and any after parties – judgment free – no question asked – is probably the plan that will best minimize risk of a car accident on prom night.
Calling for a taxi is also an option. A pilot program for establishing “teen accounts” was tested but recently discontinued by Uber. At this time ride-share programs such as Lyft and Uber require account holders be 18 or older.
If advanced plans for experienced adult drivers are not in the cards, then parents need to have a healthy dialogue with their teen before prom about the adult behavior they will need to exhibit in order to remain safe. Warn against drinking and driving and get a verbal commitment from the teen that they will neither drive drunk nor get in a car with a driver who has been drinking. Let them know you will arrange for a ride if necessary. Additionally, get them to agree they will not text while driving or get in a car with someone who does. Before prom night might be a good time to start cultivating this behavior.
If you or someone you love has been injured in a car accident, contact an experienced Bear car accident lawyer at Rhoades & Morrow. Arrange for a free consultation by completing our online form or calling 302-834-8484 today. We serve clients throughout the state of Delaware, including those in Elsmere and Seaford, from our offices in Bear, Milford, and Wilmington.
The National Highway Traffic Safety Administration (NHTSA) has been reviewing safety standards for autonomous vehicles (AV), and it was reported that they plan to streamline permit approvals. As such, the NHTSA plans to speed up how they decide if automakers can use self-driving cars, including those without steering wheels, pedals, and other human interaction devices.
As part of this, the Senate re-opened discussions on the previously stalled AV START Act. A resurrected bill could be turned into federal legislation that could govern these vehicles.
The current AV safety standards number 75, a large number of which assume that a licensed driver will be in the vehicle. With the numbers of self-driving cars in use steadily increasing, many feel that Congress needs to take more definitive regulatory action.
Back in late 2016, the Obama administration proposed regulations to require that all new vehicles be equipped with wireless technology that would allow them to communicate with each other, as well as smart traffic signals. This upgrade could potentially prevent thousands of car accidents each year, but no laws have been passed.
Under current laws, the companies can request safety standard exemptions for 2,500 AV vehicles each year, if they conform to existing vehicles’ safety standards. General Motors Company filed a petition for another exemption in January, and this would allow them to use fully automated AV in their planned 2019 ride-sharing fleet. This is still under review.
Other manufacturers, like Alphabet Inc.’s Waymo, employs cars that also have human interaction controls.
Many have expressed concerns that the auto companies are pushing for profits at the expense of safety; in 2018, an Arizona woman was struck and killed by an automated vehicle while she was walking her bike across a street. Further, concerns are often raised about the line between the impact of AV on personal injury claims and product liability matters.
Several organizations are studying this issue, and have made recommendations to promote AV safety and sustainability. A paper published by the 3 Revolutions Future Mobility Program and the Policy Institute for Energy, Environment, and the Economy includes a set of guidelines. These focus on making safety a priority.
The paper calls for specifically outlined local, state and federal government policies and responsibilities. It also points out that AV data must be properly recorded and managed.
Advocates are pushing for the U.S. Department of Transportation (DOT) and Congress to update regulations as the technology evolves. Some current legislation may not apply to completely autonomous self-driving vehicles, so it may help to make the laws more flexible.
It has also been pointed out that cybersecurity problems and software issues should be reasons to recall these vehicles, since these can contribute to accidents.
New legislation in the Senate may be a stepping stone towards keeping the public safe with self-driving vehicles, but it is a work in progress. Allowing automakers the freedom to perfect the technology without increasing the numbers of traffic accidents is an important but fine line to negotiate.
This evolving legislation will require cooperation from many parties, including government agencies, car companies, and the public.
Automotive safety deficiencies can cause car accidents, resulting in manufacturer liability and personal injury claims. If you need knowledgeable legal guidance with any type of car accident, contact a Wilmington car accident lawyer at Rhoades & Morrow. For a free consultation, contact us online or call our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705. We proudly represent clients across Delaware, including Elsmere and Seaford.
Distracted driving kills thousands of people every year. In fact, according to the National Safety Council (NSC), every day 100 are injured and at least nine people are killed in motor vehicle accidents due to distracted driving.
The NSC has declared that April is Distracted Driving Awareness Month, and a great time to remind everyone about the dangers of driving while not paying attention to the road.
Distracted driving car accidents happen when drivers are trying to multitask. Many things can cause distractions while driving, and everyone has probably been guilty of engaging in at least some form of distracted driving at one time or another.
Examples of distracted driving include:
Distracted driving accidents, although common, are 100 percent preventable. Practicing a few of these safety measures can help reduce your chances of being involved in a car crash:
If you were injured due to a distracted driver, you need a lawyer that will fight to get you the compensation you deserve for your injuries. The Wilmington car accident lawyers at Rhoades & Morrow represent victims injured in distracted driving accidents. For a free consultation, contact us online or contact us by phone at our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705. We proudly represent clients in Elsmere, Seaford, and across Delaware.
The Delaware Department of Transportation (DelDOT) is overseeing the installation of a new cable guardrail on Delaware Route 1. The 11.5-mile rail will be placed from Smyrna to Odessa, and is a portion of a larger, $8.5 million project to place high-tension cable on the highway.
The cable project started on December 17. According to the DelDOT’s Director of Community Relations, it is all part of a renovation to 17 miles along Delaware Route 1. It includes high-tension cable barriers and end treatments, plus new guardrail and end treatments.
The 11.5-mile guardrail will be placed at the scene of an accident last summer that killed five members of the same family.
On July 6 of 2018, a family was driving north on Delaware Route 1 in a minivan near Noxontown Road, and a pickup truck was driving on the southbound side. The truck drifted over and hopped the grass-covered median.
After the pickup crashed into a car, the minivan hit the truck. The minivan and pickup careened into a ditch. Though the father and mother were wearing seatbelts, the daughters were not. The father and all four daughters died.
The pickup truck driver survived the accident and was indicted in November. The charges include inattentive driving, vehicular assault, and second-degree vehicular homicide.
Plans to install a cable guardrail on Delaware Route 1, including where the crash occurred, had been approved three months before.
Over the past years, installations of cable guardrails on the nation’s highways have increased. The cables are able to absorb the impact from auto collisions better than other kinds of barriers, including metal and concrete. The cable is less rigid than the other materials, making it more flexible when hit. These guardrails can help lessen crash impacts on motorists.
Delaware Route 1 was constructed in the 1990s. Back then, the safety regulations were more lax, and did not call for a barrier to be installed near the Noxontown Road area. The new guardrail will function as an extra safety measure; DelDOT has been installing these cable barriers for years in areas that they have identified as being high-risk.
According to the DelDOT Director of Community Relations, these barriers can effectively decrease the number of fatal crashes when vehicles cross over medians into traffic.
From 2015 to 2017, the number of traffic fatalities on Delaware roads decreased slightly, from 133 to 118.
DelDOT has other plans in the works to upgrade the safety of their highways. The cable barrier systems are being placed in areas that present higher-risk, like narrow medians, curves, and high-traffic and high-crash areas.
Additional projects include installing rumble strips, safety edges, high-friction surfaces, and better warning signs. They also plan to install median barriers on U.S. 9 by the Pennsylvania state border.
DelDOT’s 2020 Strategic Highway Safety Program will review accident data, and will continue to focus on reducing the number of Delaware traffic fatalities.
If you or a family member sustained injuries in a car accident, we can help get you the compensation you deserve. Contact the Bear car accident lawyers at Rhoades & Morrow today for a free case evaluation. We serve clients throughout Delaware, including Elsmere and Seaford. Call our Bear office at 302-834-8484, our Milford office at 302-422-6705, our Wilmington office at 302-427-9500 or fill out an online contact form.
Anyone who has experienced a motor vehicle accident probably remembers feeling “out of it” immediately afterwards. This lightheadedness is partly due to the human body’s physiological response to the shock and strain; it produces more adrenaline, which can temporarily lessen the physical pain.
The trauma of a car crash can make it hard for victims to grasp what actually happened. Later on, the body stabilizes and the adrenaline levels decrease. This is when people can better understand the extent of any injuries they may not have immediately noticed.
For some it can take hours; in other cases, it could be days or weeks. These issues can range from mild to life-threatening.
Common injuries that tend to go unnoticed include:
A nagging headache that presents itself the day after a car crash may not be immediately associated with the accident. However, it could be a sign of a concussion, back and neck injuries, or other bodily damage. Concussion symptoms include difficulties keeping awake or sleeping, trouble concentrating, blurred vision, nausea, and dizziness.
Whiplash may occur when a person’s neck and head are moved suddenly; this is commonly seen in rear-end collisions. This trauma may lead to neck pain, swelling, and vocal cord, ligament, and muscle damage.
Whenever the spinal cord is affected in a car accident, there is a risk for nerve damage. A car wreck can affect a person’s joints and also cause herniated discs. These can definitely worsen with the passage of time, especially if not treated.
Symptoms can include numbness, tingling, and ongoing back pain that can extend to the legs, arms, and other extremities.
Soft tissue injuries to ligaments, tendons, and muscles can also take a long time to show up. Diagnosing them can be complicated since they do not show up on X-rays. These injuries can cause decreased mobility, consistent pain, and swelling.
Car accident victims may also experience latent injuries to other body parts, including arms, legs, and their extremities.
Even if there are no physical injuries, psychological scars can destroy the lives of accident victims and those who have witnessed shocking motor vehicle crashes. Post-traumatic stress disorder (PTSD) and other forms of emotional trauma can be difficult to diagnose and can also worsen with time.
Although it may be hard to think clearly after a crash, it is essential to seek medical care. Even if a car accident victim is not experiencing symptoms, a physician may be able to diagnose underlying injuries. Further, a doctor can alert a patient as to what signs to look for in the coming days that could be indicative of an injury.
Contacting law enforcement at the accident scene is also important, since documentation, photographs, and other evidence can show responsibility for previously unnoticed injuries.
Car accident victims should also know that settling a claim offered by the at-fault driver’s insurance company too soon could be a mistake. In many cases, injuries can appear after a release form is signed and settlement has been made. If the victim has already settled, they have waived their legal right to seek additional benefits from that insurance company.
If you were involved in an automobile crash and are experiencing post-accident injuries, we can help. Contact an experienced Bear car accident lawyer at Rhoades & Morrow by calling our Bear office at 302-834-8484, our Wilmington office at 302-427-9500, our Milford office at 302-422-6705, or fill out an online contact form. We serve clients in Elsmere, Seaford, and across Delaware.
Side-impact crashes occur when one vehicle is hit on its side by the front end of another vehicle. Since the placement of the involved cars or trucks form a “T”, these side impact car accidents frequently are referred to as T-Bone accidents.
The National Highway Traffic Safety Administration (NHTSA) reports over 8,500 people annually die as a result of T-Bone crashes.
T-Bone crashes can result in catastrophic physical injuries that often require extensive medical treatment and rehabilitation. These injuries include broken bones, internal bleeding, injury to internal organs, cuts or lacerations, spinal cord injuries, paralysis, concussions, traumatic brain injury (TBI) and other head injuries. Some of these injuries can be permanent in nature, causing lifelong disability.
Determining who is at fault when a side impact accident takes place can be an important step in obtaining compensation for those injured in the collision. In order for a driver to be liable, there must be negligence on the part of that driver.
Some common causes of T-Bone accidents are when drivers run red lights or otherwise fail to obey traffic signals or signs. This can constitute negligence on the part of the driver, which would result in liability for the injuries sustained by the occupants of the sideswiped vehicle. In other cases, a car cuts out in front of another car leading to a side impact collision.
In many side impact cases, courts will determine a driver’s percentage of fault based on who had the right-of-way at the time of the collision. For example, if a driver is crossing the lane of another driver who is continuing in their lane when arriving at an intersection, the driver crossing lanes will likely be assigned a greater proportion of the fault.
At times a malfunctioning vehicle component can play a part in causing a side-impact collision. If defective car parts such as failing brakes, non-functioning side impact air bags, or broken seatbelts contribute to the injuries, the car manufacturer also may face some liability.
When physical injuries result from a T-Bone accident caused by the negligence of one or more of the drivers or the car manufacturer, compensation may be available to the injured persons.
Injured individuals may be able to receive compensation for:
Individuals injured in side-impact collisions may be entitled to compensation for their injuries. Retaining the legal services of an experienced Wilmington Car accident lawyer is the first step in determining if negligence exists.
If you are involved in a T-Bone accident, call the police immediately and make sure to obtain a copy of the police report. Obtaining the contact information from any witnesses at the scene of the accident and taking pictures of the damage and road conditions immediately after the collision are also good ideas following any car accident.
The experienced Wilmington car accident lawyers at Rhoades & Morrow represent car accident victims throughout the state. To schedule a free confidential consultation today, call our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705 or fill out an online contact form. We serve clients in Elsmere, Seaford, and across Delaware.
For many drivers, navigating around and beside enormous tractor trailers can be nerve wracking. Their size, speed, weight, and power make them intimidating to drivers in smaller passenger cars and vans.
When a car collides with a large truck, the results can be devastating. Truck accidents leave victims with broken bones; head, neck, and spinal injuries; and may even prove to be fatal.
Traveling alongside these colossal trucks takes a bit of caution and patience, but it can be done safely.
Here are some things to remember when sharing the road with 18-wheelers and the like:
Commercial trucking is big business. Nearly 12.5 million commercial trucks and busses racked up nearly 300 million miles across the United States in 2016 alone. That same year, more than 10 percent of fatal motor vehicle crashes on U.S. highways involved a tractor trailer or bus. And most of these fatalities were passengers in the other vehicles.
While these statistics may be daunting, they are just another reason why all drivers need to take extra caution when driving near tractor trailers. With care and common sense, we can all travel safely and avoid car accidents with trucks.
A collision with a commercial truck is rarely just a fender bender. Truck accidents can leave victims with devastating injuries. Bear truck accident lawyers at Rhoades & Morrow hold negligent parties responsible for truck accidents. This may include the truck owner, operator, manufacturer, loader, or shipper. We collect the crucial evidence and documentation essential to prove liability for your injuries, so you can receive the compensation you deserve.
Before you talk to any insurance companies, call 302-834-8484 or contact us online to schedule your appointment today. With offices in Bear, Milford, and Wilmington, we represent clients in Elsmere and Seaford, and throughout the great state of Delaware.
More than three million people in the United States are injured in car accidents each year, according to the National Highway Traffic Safety Administration (NHTSA). From January 1, 2018 until November 13, 2018, there were 92 car crash fatalities in Delaware alone.
Sadly, children may be in the car at the time of these accidents. Therefore, it is important to know how to handle car accidents involving children.
The first thing to do at the scene of the accident is check if your children are injured. Some injuries like lacerations and penetrating wounds are visible. Others may not be apparent, such as a concussion, a traumatic brain injury (TBI), or whiplash. Children who are strapped into car seats must be carefully inspected for wounds that may not be readily noticeable.
Call 911 to report any injuries and ask for emergency assistance. Keep in mind that certain injuries to you or your children may take time to show symptoms, or may initially present as a minor injury. Therefore, you should always seek medical attention for you and your children after a car accident.
If you are able to, pull over as close to the accident scene as possible, to avoid obstructing traffic or causing any further accidents. Stay calm and assess the scene of the accident and the damage caused. Take notes and pictures of details like the location, time of day, weather conditions, any property damage caused, any injuries you and your children sustained, and other circumstances surrounding the accident.
Exchange information with the other parties involved, including their:
It is important that your rendition of the events be documented, so if the police were not called to the scene of the accident, be sure to file a police report afterwards.
In Delaware, certain car accidents must also be reported to the Delaware Department of Motor Vehicles (DMV), including if the car accident occurred on a public highway, resulted in at least $500 of property damage, or involved a driver under the influence of drugs or alcohol and resulted in $1,000 of property damage or more.
It is advisable to speak with a Bear car accident lawyer before making any statements or agreeing to any settlements.
In Delaware, those who are injured in a car accident may file a personal injury claim against the driver who caused the accident. Children are generally entitled to collect the same compensation that adults can receive, including medical bills, pain and suffering, disability, and other forms of compensation.
Parents of children under the age of 18 may negotiate the claim on the child’s behalf and recover compensation for any medical bills paid on behalf of their minor child.
If you or your child was injured in a car accident, contact a Bear car accident lawyer at Rhoades & Morrow as soon as possible. In Delaware, you have two years from the date of the accident to file a personal injury claim. Our experienced lawyers can help you get the compensation you deserve. For a free consultation, contact us online or call us at our Wilmington, Delaware office at 302-427-9500, our Bear, Delaware office at 302-824-8484 or our Milford, Delaware office at 302-422-6705. We serve clients throughout the state of Delaware, including Elsmere and Seaford.