How does an Attorney Prove Who is at Fault in a Car Accident Case?

What to Do After a Car Accident to File a Personal Injury Claim

Dealing with the aftermath of a car accident can be trying at best and very difficult. With the help of a great attorney to fight for the settlement you deserve, you can get your settlement and start moving toward a better life. So, what is fault and how is your attorney going to prove it? Keep reading to find out.

What is Fault in a Car Accident?

Fault is just what it sounds like. It is the established principle that one of the drivers is the cause of the accident and that something on their part, either something they did that was careless, or something they did not do that would have made everyone safer, is the cause of the accident. In some states, there is a no fault rule. This means that no one can be legally named as the person that caused an accident.

What this means for an accident is that before anyone can sue the other driver for their injuries or for compensation, they must first sue their own insurance to cover the cost of their medical bills and other damages. This does not mean that if someone dies, the family of the person who passed cannot file a wrongful death suit, however.

It simply means that each person is responsible for their own bills with the help of their own insurance. There are currently 12 no fault states; Florida, Michigan, New York, New Jersey, Hawaii, Pennsylvania, Kentucky, Massachusetts, North Dakota, Utah, and Minnesota. The other 38 states are at fault states and you can sue the other driver for damages.

If you live in a fault state, this means that you can sue the other driver and their insurance as well as them personally for your medical bills and other damages that were sustained as a direct result of the accident that the two of you were in. If you life in a fault state, you can avoid filing with your own insurance and can avoid suing your own insurance which is going to keep your policy from increasing in price every month.

How Does an Attorney Prove Fault in a Car Accident?

There are three different ways that your attorney can prove fault when they do start to work on your case. The first is when the other driver has obviously violated some safety or traffic laws that are in place. This means that the other driver did something like ran a stop sign, ran a red light, crossed over into your lane of traffic, etc.,

this is one of the easiest ways that fault can be proven and does mean that you are going to be entitled to a settlement to pay your medical bills, to pay for your car and to pay for other damages that you might be dealing with.

With obvious traffic violations, it does help if you have witnesses that saw the accident, photos from traffic cameras, and even from other cameras that might be in the area. The more proof that you have, the better. This is something that will likely be reflected in the traffic report of the police officer or emergency personnel that comes to the accident and then reports on it.

The second way that attorneys work to prove fault is with those accidents that involve rear end collisions and left hand turns. In most instances of rear ending accidents, it is almost always the fault of the person that does the rear ending. In many cases, if someone rear ends you, it is because they are not paying attention, they are following too close, or they are not heeding the rules of the road and they have not given you enough space so that when you stop, they also have the time and the space to stop.

With left hand turns, this is something that causes a huge number of accidents. Since you have to cross lanes of oncoming traffic with left turns, you do need to wait until it is completely clear before you try to turn. If you do not, it can cause you to be hit by another driver. With left hand turn accidents, though the person that is making the turn is likely to get the worst injury and the most damage to their car, and possibly the most damage to their body, you are not at fault and that means that they need to be held responsible.

The third common way that your attorney is going to try to prove fault is by looking at police reports. Most police reports in states where fault can be established are going to cite the course of the accident, any information that they attain when they come. They will also try to establish fault in the report so that they can file it and so that if there is any criminal fault, that can be taken care of as well.

There are other instances in which fault can be established but that is the main reason that most lawyers cite. If the lawyer finds that the other driver was drunk, if they were driving in a manner that put themselves and other drivers in danger. Your lawyer is going to try to create a clear and concise narrative about what happened and to prove without a doubt that the other driver is at fault for the accident, not you.

What Sort of Settlement Can you Get?

There are a range of damages that you can get for an at fault accident that can help you recover and that can help you eventually get back on the road. The first thing that you can sue the other driver and their insurance for is your medical bills. This is going to be any medical bills that have to do with the accident and with your recovery after the accident.

This is going to be something that needs to be established by the medical staff that takes care of you immediately following the accident as well as any support staff that is going to be working on you after the fact during your recovery. This portion of the settlement is going to be a lump sum that is a rough estimate of what you are going to owe rather than an exact amount as you might need more care, later on, that does have to do with the accident and the injuries that you sustained from it.

In terms of the settlement, you can also get money for the deductible to get your car covered with your own insurance or you can get their insurance to pay for your vehicle in full. This can be for the damages to have them repaired to the condition that the vehicle was in before the accident, or it can be to fully replace the vehicle if it is too damaged to repair it. These damages are going to be a set amount as well based on the value of the vehicle and the amount of damage that was done to it when the accident occurred.

The last thing you can get compensation for is pain and suffering and time off of work that you have to take. If you are going to be off of work for several weeks recovering, the money that you get from your settlement can be used to help pay any bills that you have and any money that you need to then use for things like sustaining your household. These settlements do vary based on how bad the accident is, how much damage is done, and how badly you are injured.

Your lawyer is going to really fight for you and fight to help you get the best settlement possible so that you can start to recover and so that you can work through your healing and toward getting better and getting back on the road.

When to Hire a Lawyer?

When you do get into an accident, it is always best to start working toward a settlement and to contact a lawyer. After you get the immediate help that you need, you then need to contact a lawyer so that you can start to build a case and start to build an argument in your favor. They are going to be able to help build a timeline of the accident, they are going to be able to help figure out what happened and create a clear story of what happened so that you can focus on getting the settlement that you need.

They will first contact the police officers that were on scene to figure out what happened and to get the accident report. They may also contact witnesses that were there and that saw the accident.

They will contact anyone that might be able to tell what sort of injuries or treatment that you needed, and so on. They will work to make sure that there is a clear story of what happened so that the other person’s insurance company cannot argue that you were the cause of the accident.

With a lawyer, you are going to have someone on your side that is actually going to be fighting for you and fighting for you to get a settlement that you need so that you can take the time off work so that you can rest and recover. A great lawyer is going to be an ally for you that can help you get a settlement that is going to work for you and that is going to help you recover and help you have the money that you need to be able to stay home and get better.

With those that are dealing with a car accident, it is always better to take the time to get a great lawyer that is going to work for you and that is going to be on your side and help you. Car accidents are trying and troubling, with the help of a great lawyer you can make it through and you can start to recover and put your accident behind you so that you can feel better and get better as well.

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News

Trudeau’s Gun Grab Could Cost Taxpayers a Whopping $7 Billion

Trudeau plans to purchase 2,063 firearm from legal gun owners in Canada - Rebel News Image

A recent report indicates that since Trudeau’s announcement of his gun buyback program four years ago, almost none of the banned firearms have been surrendered.

The federal government plans to purchase 2,063 firearm models from retailers following the enactment of Bill C-21, which amends various Acts and introduces certain consequential changes related to firearms. It was granted royal assent on December 15 of last year.

This ban immediately criminalized the actions of federally-licensed firearms owners regarding the purchase, sale, transportation, importation, exportation, or use of hundreds of thousands of rifles and shotguns that were previously legal.

The gun ban focused on what it termed ‘assault-style weapons,’ which are, in reality, traditional semi-automatic rifles and shotguns that have enjoyed popularity among hunters and sport shooters for over a century.

In May 2020, the federal government enacted an Order-in-Council that prohibited 1,500 types of “assault-style” firearms and outlined specific components of the newly banned firearms. Property owners must adhere to the law by October 2023.

Trudeau’s Buyback Hasn’t Happened

“In the announcement regarding the ban, the prime minister stated that the government would seize the prohibited firearms, assuring that their lawful owners would be ‘grandfathered’ or compensated fairly.” “That hasn’t happened,” criminologist Gary Mauser told Rebel News.

Mauser projected expenses ranging from $2.6 billion to $6.7 billion. The figure reflects the compensation costs amounting to $756 million, as outlined by the Parliamentary Budget Office (PBO).

“The projected expenses for gathering the illegal firearms are estimated to range from $1.6 billion to $7 billion.” “This range estimate increases to between $2.647 billion and $7 billion when compensation costs to owners are factored in,” Mauser stated.

Figures requested by Conservative MP Shannon Stubbs concerning firearms prohibited due to the May 1, 2020 Order In Council reveal that $72 million has been allocated to the firearm “buyback” program, yet not a single firearm has been confiscated to date.

In a recent revelation, Public Safety Canada disclosed that the federal government allocated a staggering $41,094,556, as prompted by an order paper question from Conservative Senator Don Plett last September, yet yielded no tangible outcomes.

An internal memo from late 2019 revealed that the Liberals projected their politically motivated harassment would incur a cost of $1.8 billion.

Enforcement efforts Questioned

By December 2023, estimates from TheGunBlog.ca indicate that the Liberals and RCMP had incurred or were responsible for approximately $30 million in personnel expenses related to the enforcement efforts. The union representing the police service previously stated that the effort to confiscate firearms is a “misdirected effort” aimed at ensuring public safety.

“This action diverts crucial personnel, resources, and funding from tackling the more pressing and escalating issue of criminal use of illegal firearms,” stated the National Police Federation (NPF).

The Canadian Sporting Arms & Ammunition Association (CSAAA), representing firearms retailers, has stated it will have “zero involvement” in the confiscation of these firearms. Even Canada Post held back from providing assistance due to safety concerns.

The consultant previously assessed that retailers are sitting on almost $1 billion worth of inventory that cannot be sold or returned to suppliers because of the Order-In-Council.

“Despite the ongoing confusion surrounding the ban, after four years, we ought to be able to address one crucial question.” Has the prohibition enhanced safety for Canadians? Mauser asks.

Illegally Obtained Firearms are the Problem

Statistics Canada reports a 10% increase in firearm-related violent crime between 2020 and 2022, rising from 12,614 incidents to 13,937 incidents. In that timeframe, the incidence of firearm-related violent crime increased from 33.7 incidents per 100,000 population in 2021 to 36.7 incidents the subsequent year.

“This marks the highest rate documented since the collection of comparable data began in 2009,” the criminologist explains.

Supplementary DataData indicates that firearm homicides have risen since 2020. “The issue lies not with lawfully-held firearms,” Mauser stated.

Firearms that have been banned under the Order-in-Council continue to be securely stored in the safes of their lawful owners. The individuals underwent a thorough vetting process by the RCMP and are subject to nightly monitoring to ensure there are no infractions that could pose a risk to public safety.

“The firearms involved in homicides were seldom legally owned weapons wielded by their rightful owners,” Mauser continues. The number of offenses linked to organized crime has surged from 4,810 in 2016 to a staggering 13,056 in 2020.

“If those in power … aim to diminish crime and enhance public safety, they ought to implement strategies that effectively focus on offenders and utilize our limited tax resources judiciously to reach these objectives,” he stated.

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World

Russian Arms Dealer Viktor Bout Back in Business After Biden Prisoner Exchange

Viktor Bout, a notorious Russian arms dealer, arriving at court in Bangkok in 2010 - CTN Image

Viktor Bout, the infamous Russian arms dealer who was exchanged two years ago for Brittney Griner by President Biden, has reportedly returned to arms trading, as detailed in a report by the Wall Street Journal.

The Wall Street Journal has revealed that Vikto Bout, infamously dubbed the “merchant of death,” is seeking to facilitate the sale of small arms to the Houthis. A report indicates that Houthi representatives met with Bout in Moscow in August to discuss the acquisition of $10 million in automatic weapons.

Nonetheless, the anticipated arms deal remains unfulfilled, as indicated by the report.

Reports indicate that the weapons being discussed do not encompass larger systems such as anti-ship or anti-air missiles, which could represent a considerable risk to U.S. military operations in the area.

Requests for comment from the WSJ regarding Bout’s alleged involvement in the arms trade went unanswered by the Kremlin and Russia’s Ministry of Defense. Steve Zissou, an attorney who provided legal representation for Bout during his time in U.S. custody, refrained from commenting on the possibility of Bout’s meetings with the Houthis.

Viktor Bout, the notorious Russian arms dealer was exchanged for Brittney Griner – CNN Image

Viktor Bout released in 2022

Bout, who became affiliated with Russia’s Kremlin-loyal Liberal Democratic Party following his release in a prisoner swap in December 2022, has kept a low profile since his return.

Bout was taken into custody in Thailand in 2008 and subsequently extradited to the United States, where he faced conviction in 2012 on charges associated with arms trafficking, resulting in a 25-year prison sentence.

For almost twenty years, Bout stood out as one of the globe’s most notorious arms dealers, providing weaponry to unrecognized governments and insurgent factions throughout Africa, Asia, and South America. The activities he conducted served as the basis for the 2005 film Lord of War.

Even after his conviction and imprisonment, reports indicate that Bout’s network persisted in its operations, contributing to conflicts in some of the globe’s most perilous areas.

Former US Marine Paul Whelan Released From Russian Prison

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Business

PepsiCo Reduces Revenue Projections As North American Snacks And Key International Markets Underperform.

(VOR News) – In the third quarter of this year, Pepsi’s net income was $2.93 billion, which is equivalent to $2.13 per share. This was attributed to the company.

This is in stark contrast to net income of $3.09 billion, which is equivalent to $2.24 per share, during the same period in the previous year. The company’s earnings per share were $2.31 when expenses were excluded.

Net sales decreased by 0.6%, totaling $23.32 billion. Organic sales increased by 1.3% during the quarter when the effects of acquisitions, divestitures, and currency changes are excluded.

Pepsi’s beverage sales fell this quarter.

The most recent report indicates that the beverage and food sectors of the organization experienced a 2% decline in volume. Consumers of all income levels are demonstrating a change in their purchasing habits, as indicated by CEOs’ statements from the previous quarter.

Pepsi’s entire volume was adversely affected by the lackluster demand they encountered in North America. An increasing number of Americans are becoming more frugal, reducing the number of snacks they ingest, and reducing the number of times they purchase at convenience stores.

Furthermore, Laguarta observed that the increase in sales was partially attributed to the election that occurred in Mexico during the month of June.

The most significant decrease in volume was experienced by Quaker Foods North America, which was 13%. In December, the company announced its initial recall in response to a potential salmonella infection.

Due to the probability of an illness, the recall was extended in January. Pepsi officially closed a plant that was implicated in the recalls in June, despite the fact that manufacturing had already been halted.

Jamie Caulfield, the Chief Financial Officer of Pepsi and Laguarta, has indicated that the recalls are beginning to have a lessening effect.

Frito-Lay experienced a 1.5% decline in volume in North America. The company has been striving to improve the value it offers to consumers and the accessibility of its snack line, which includes SunChips, Cheetos, and Stacy’s pita chips, in the retail establishments where it is sold.

Despite the fact that the category as a whole has slowed down in comparison to the results of previous years, the level of activity within the division is progressively increasing.

Pepsi executives issued a statement in which they stated that “Salty and savory snacks have underperformed year-to-date after outperforming packaged food categories in previous years.”

Pepsi will spend more on Doritos and Tostitos in the fall and winter before football season.

The company is currently promoting incentive packets for Tostitos and Ruffles, which contain twenty percent more chips than the standard package.

Pepsi is expanding its product line in order to more effectively target individuals who are health-conscious. The business announced its intention to acquire Siete Foods for a total of $1.2 billion approximately one week ago. The restaurant serves Mexican-American cuisine, which is typically modified to meet the dietary needs of a diverse clientele.

The beverage segment of Pepsi in North America experienced a three percent decrease in volume. Despite the fact that the demand for energy drinks, such as Pepsi’s Rockstar, has decreased as a result of consumers visiting convenience stores, the sales of well-known brands such as Gatorade and Pepsi have seen an increase throughout the quarter.

Laguarta expressed his opinion to the analysts during the company’s conference call, asserting, “I am of the opinion that it is a component of the economic cycle that we are currently experiencing, and that it will reverse itself in the future, once consumers feel better.”

Additionally, it has been noted that the food and beverage markets of South Asia, the Middle East, Latin America, and Africa have experienced a decline in sales volume. The company cut its forecast for organic revenue for the entire year on Tuesday due to the business’s second consecutive quarter of lower-than-anticipated sales.

The company’s performance during the quarter was adversely affected by the Quaker Foods North America recalls, the decrease in demand in the United States, and the interruptions that occurred in specific international markets, as per the statements made by Chief Executive Officer Ramon Laguarta.

Pepsi has revised its forecast for organic sales in 2024, shifting from a 4% growth rate to a low single-digit growth rate. The company reiterated its expectation that the core constant currency profitability per share will increase by a minimum of 8% in comparison to the previous year.

The company’s shares declined by less than one percent during premarket trading. The following discrepancies between the company’s report and the projections of Wall Street were identified by LSEG in a survey of analysts:

SOURCE: CNBC