Auto Accidents

3 Common Car Accident Injuries

More than 3 million people are injured in U.S. vehicle accidents each year, according to the National Highway Traffic Safety Administration. Victims have been hospitalized for injuries at speeds as low as 5-10 miles per hour. The degrees and types of injuries sustained vary, but an estimated 10 percent of all motor vehicle accident victims become disabled for the long-term. Louisiana Car Accident Attorney Bart Bernard has seen all kinds of devastating injuries resulting from vehicle crashes. Here are three of the most common.

Whiplash and other soft tissue injuries

Whiplash is a type of soft tissue injury where the body’s muscles, ligaments, and tendons are stretched due to sudden movements, causing strains, sprains, and tears. Rear-end collisions frequently lead to hyperextension and hyperflexion in the neck and back. More than “just a pain in the neck,” the worst cases lead to bone fractures, herniated discs, complete ligament ruptures, instability in the spine, and traumatic brain injury. Damage to surrounding nerves can trigger a host of adverse effects.

Most people will recover from whiplash within three months, but disability claims experts have found a third of all whiplash injuries persist longer than a year. The average auto insurer spends $2.7 billion a year on whiplash injuries.

Traumatic brain injury and other head injuries

One study found that 39 percent of people in motor vehicle crashes sustained head injuries, with nearly half of these injuries constituted as “severe.” Head injuries can be open lacerations or closed wounds with swelling inside the head. The worst head injuries are sustained when unbelted drivers and passengers are struck head-on, causing the head and face to hit the steering wheel, instrument panel, and glass. Passengers in side collisions also sustained serious head injuries when struck by the door panel.

Mild brain injuries occur with loss of consciousness and disorientation of 30 minutes or less. Scans appear normal, but victims frequently report cognitive problems like headaches, memory problems, attention deficit, and mood swings.

Severe Traumatic Brain Injuries occur when the brain is struck by an outside force, causing loss of consciousness for over 30 minutes, memory loss greater than 24 hours, and substantial impairment. These patients may encounter headaches, muscle spasms, sleep disturbances, blurry vision, higher cognitive function impairments, anxiety attacks, debilitating fatigue, abnormal burning sensations, and ringing in the ears. Some victims of TBI end up in unresponsive states for long periods of time.

Chest and internal organ injuries

While air bags and seat belts were designed to decrease chest injuries, they still occur with alarming frequency. One study reported that two-thirds of car accident victims suffered chest injuries, with just under half of these considered “severe.” In fact, motor vehicle accidents are the leading cause of blunt force trauma to the chest, responsible for up to 80 percent of all cases.

Blunt chest trauma ranges from bruising and minor soft tissue wounds to fatal pulmonary and cardiac damage. Chest injuries were most commonly reported by the drivers on the struck side of a vehicle. Fractured ribs or clavicles can puncture the lungs or essential veins. Multiple fractures of the ribs or sternum can result in an unstable chest wall, causing difficulty breathing. Accumulation of blood and inflammatory mediators can compress the heart, increasing pressure and reducing output. Most people with chest injuries heal within 4-6 weeks, but victims may be more susceptible to chest infections, or experience lifelong arrhythmias and pain symptoms.

Contact Baton Rouge and Lafayette car accident lawyer Bart Bernard within one year of a car accident to explore your full set of legal rights. You may be entitled to compensation for hospital stays, rehabilitative costs, medications, surgeries, loss of income, disability, and pain and suffering.

Additional Vehicle Crash Injury Resources:

1. NSW Government – Anatomy of a Crash, http://www.rms.nsw.gov.au/geared/your_driving_skills/car_crashes/anatomy_of_a_crash.html
2. Traumatic Brain Injury – What Are The Effects of TBI, http://www.traumaticbraininjury.com/understanding-tbi/what-are-the-effects-of-tbi/
3. Back 2 Health Bellevue – Auto Injury Related Statistics, http://back2healthbellevue.com/auto-injury-related-statistics/
4. Modern Medicine – Trauma Nursing Blunt Chest Injuries, http://www.modernmedicine.com/modern-medicine/content/trauma-nursing-blunt-chest-injuries
5. National Health System Patient Guide – Chest Injury, http://www.ouh.nhs.uk/patient-guide/leaflets/files/10110Pchestinjury.pdf
6. Alliance Insurance Group – Filing a Whiplash Claim, http://allianceinsurancegrp.com/know-ever-file-whiplash-injury-insurance-claim/

How to Choose the Right Roadside Service Plan

Flat tires, overheated engines and other hassles are a part of life for most car owners at some point or another. Whether your battery died or your motor simply won’t start, it’s extremely helpful to have a plan for emergency roadside assistance. This type of coverage can be a true lifesaver, especially when you’re traveling alone at night or on unfamiliar terrain. While many of today’s brand-new vehicles are sold with built-in roadside assistance packages (free of charge), motorists with slightly older cars usually need to purchase this coverage.

Most roadside assistance plans offer a range of basic services for a set yearly fee, from jumping-starting a dead battery to vehicle towing and changing out a flat or disabled tire. But, before settling on AAA or another program, it’s important to read the fine print.

Some plans will cover you as a passenger or driver whether you’re operating your own vehicle or another’s. Other plans offer roadside assistance but only within a certain geographical range. If you plan on traveling outside of Louisiana often, it’s essential to ask questions like these, especially when it comes to towing distances.

Roadside assistance: general services offered

If your vehicle breaks down, won’t start, or is disabled, most roadside assistance plans will offer the following services:

• Up to 60 minutes of mechanical labor at the site of breakdown
• Locked out of car: locksmith service if car key is locked inside of car, stolen or misplaced
• Towing service to the nearest auto repair location (within set perimeter)
• Delivering a new battery, replacement tire, oil, spark plugs, fuel or other item necessary to get vehicle mobile again

Review & compare your roadside assistance options

Today’s motorists can purchase roadside assistance plans from auto clubs like Allstate’s Good Hands Roadside, AAA, in addition to their own insurance companies. One of the advantages of auto clubs is that the service networks tend to be larger, meaning quicker response times. However, you will still have to pay a yearly fee upfront, regardless if you use the plan. Insurance companies offer competitive rates on emergency roadside assistance coverage, but once you’ve used their service, you may notice an uptick in your yearly premiums.

Some factors to evaluate when comparing plans:

• Cost – plans can range from $30 to more than $300 a year. Some offer extra benefits like discounts on hotel stays or vehicle rentals, while others may charge more to add on additional family members.
• Towing policies – Ask about towing distances and policies. A basic plan may only tow up to ten miles to the nearest repair shop, while more expensive plans will tow within a 100-mile radius.
• Service call limits – How many times can you utilize your benefits? Most plans limit motorists to four calls in a 12-month period, after which you may incur additional charges.
• Network providers – Make sure you find a plan that has tow truck operators and repair shops in the regions where you are likely to be traveling. Some boast thousands of service providers nationwide, and even offer coverage in Mexico and Canada.
• What vehicles are eligible? –  Most plans are limited to passenger vehicles, so check carefully if you want to purchase coverage for a motorcycle, trailer or RV.
• Extra Benefits –Look for extra benefits included in the coverage. Some offer trip interruption insurance, discounts on vehicle repairs, free maps and other trip planning devices.
• Online reviews –  Check out the Better Business Bureau to see what other motorists are saying about the plan, and whether any complaints have been filed.

Vehicle breakdowns, like auto accidents, are unforeseen events that can be incredibly stressful and frightening. In some cases, vehicle breakdowns on busy freeways have led to secondary crashes and serious personal injury.

Louisiana car accident attorney Bart Bernard offers sound advocacy for motorists who have been hurt through no fault of their own. Request a free case evaluation by calling our Lafayette or Baton Rouge offices at 1-888-GET-BART.

Additional Resources on Roadside Assistance:

1. StateFarm, Emergency Road Service Coverage https://www.statefarm.com/insurance/auto/coverage-options/emergency-road-service-coverage
2. Angie’s List, Choosing a roadside assistance provider https://www.angieslist.com/articles/how-choose-reputable-roadside-assistance-company.htm
3. Popular Mechanics, How to Choose (and Use) a Roadside-Assistance Plan http://www.popularmechanics.com/cars/how-to/a11993/how-to-choose-and-use-a-roadside-assistance-plan-12892888/

4 Insurance Company Tricks Not to Fall for After a Car Accident

A car accident causes many stresses – car repairs, medical bills, physical recovery, and more. Louisiana requires drivers to have liability insurance to guarantee injured victims have the resources to meet these challenges. Unfortunately, the same insurance companies often resort to common tricks in an attempt to save money.

Louisiana statutes require that insurers settle their policy holders’ claims fairly. But if you are making a claim against the policy of another driver, you are considered a “third-party claimant” and the statutory duties do not apply to you. Here are some tricks to watch out for during your insurance claim process.

1. Demand a recorded statement

The insurance adjuster will likely tell you that you must participate in a recorded conversation or give a recorded statement. If you were making a claim under your own policy, this may be true but as a third party claimant, it is not; you have the right to refuse. Better yet, if you retain an attorney then you can instruct the insurance company to direct all communication through him or her.

2. Request an authorization for medical records

Your medical records are confidential and protected until you sign a release. It is true that at some point in the process, you may need to give the insurance company the authority to review these – but it is not always necessary. They are looking for ways to minimize your claim, such as by painting your injury as a preexisting condition. Speak with a lawyer before granting this kind of access so that you have a better opportunity to control how and how much private information is shared.

3. Rush a settlement

A claim settlement will include a release agreement which will state that the settlement is final and that the claimant cannot bring any other claims related to the incident. If the insurance adjuster can coax you into accepting a rushed settlement, perhaps with the assurance that you will be able to pay your medical bills as soon as possible and have a few bucks left over for yourself, they will also ensure that you sign away the right to pursue any other claim you might have, even if you do not know about it yet (like a future medical treatment). Always consult with counsel before signing an agreement, because you may be forever giving up crucial rights.

4. Insist that you do not need a lawyer

The insurance adjusters know that when a lawyer is involved, they will pay more on the claim. The adjuster will often tell you that if you retain a lawyer, you will simply have to share your settlement so why bother? In reality, studies show that claimants represented by counsel recover a greater settlement and the difference more than makes up for any legal fee. Do not help the insurance company by giving up your right to representation.

Speak with a Louisiana accident lawyer

If you have been injured in an accident, call a Louisiana car accident lawyer before falling for any of the insurance company’s tricks. Bart Bernard is dedicated to holding big businesses and negligent individuals accountable. He has offices in both Lafayette and Baton Rouge for your convenience and all representation is offered on a contingency basis, so you never pay a fee unless we win money for you.

Additional LA Insurance Settlement Resources:

1. Louisiana Department of Insurance, Consumer’s Guide to Auto Insurance, https://www.ldi.la.gov/docs/default-source/documents/publicaffairs/consumerpublications/auto-insurance-guide.pdf?sfvrsn=33
2. Louisiana State Legislature, RS 22:1892 Payment and adjustment of claims, policies other than life and health and accident; personal vehicle damage claims; extension of time to respond to claims during emergency or disaster; penalties; arson-related claims suspension, https://legis.la.gov/Legis/Law.aspx?d=509041
3. Louisiana State Legislature, RS 22:1973 Good faith duty; claims settlement practices; cause of action; penalties, https://legis.la.gov/Legis/Law.aspx?d=509087