Contact us today to schedule a free initial confidential consultation: (302) 777-1000

Smartphone Use While Driving

Recently, a New York state prosecutor, Kathleen Rice, unveiled a program designed to prevent drivers from texting and driving (aka distracted driving). She is also hoping that insurance companies and smartphone manufacturers will begin to offer incentives for the adherence of text-and-drive laws.

In a press release, she said:

  • texting while driving is equally as dangerous as drunken driving – and more common among the youth
  • she urged smartphone manufacturers to incorporate technology into their devices that would prevent users from texting while operating a motor vehicle
  • she also asked the larger insurance companies to offer rates at a discount for persons whose devices contained the aforementioned technology (or a third-party app that serve the save function of prohibiting texting while driving)

Ms. Rice also stated that her office will seek to impose sentences that require this text-blocking technology for any individual that is convicted of any violation involving texting while driving. She is also asking law enforcement officers to cite any motorist who violates the law against texting while driving, even if the motorist is already facing more serious charges, such as reckless driving, etc.

Driving While Texting in Delaware – Distracted Driving Laws

Delaware state has extremely tough distracted driving laws – with enforcement being equally stringent. DE’s bans cover all drivers, as well as bans that only refer to bus drivers and novice drivers:

  • All drivers are banned from using hand-held cell phones
  • Bus drivers are prohibited from using both hands-free and hand-held cell phones
  • Novice drivers, meaning drivers with either a learner’s permit or an intermediate license, are also prohibited from using both hands-free and hand-held cell phones
  • Text messaging – ALL drivers are banned from texting messaging while driving. This includes text message composition AND sending text messages while driving.

Motor Vehicle Accident Practice at the Law Office of Michael J. Hood

We take cases involving all types of serious and catastrophic injuries, from brain and spinal cord trauma to road rash or burns, scarring and disfigurement, broken bones, paralysis, and amputation or loss of limb. We also represent individuals and family members in wrongful death actions arising out of a motor vehicle accident.

We will help you pursue full and fair compensation for all your losses, including lost wages and income, the costs of medical care, physical pain and suffering, and loss of companionship or consortium.

Contact Our Law Office Today

To schedule a free initial consultation, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

Modified Comparative Negligence and Car Accidents in Delaware

Wilmington Delaware Car Accident Attorney

After a car accident, it’s not uncommon for an insurance agent to contact an injury victim in order to ask a few questions. In most cases, agents present themselves in a way that suggests they are simply doing their “due diligence” – checking up on you to make sure you’re receiving the care you need and are feeling better. At the same time, however, an insurance agent may ask what you remember about the car accident, what caused it, or what you remember right before the collision itself.

After establishing a measure of trust and concern, it’s not uncommon for injury victims to answer these kinds of questions under the assumption they are helping an agent gather important facts necessary for finalizing a claims payout.

Be Careful What you Tell an Insurance Agent

Unfortunately, most insurance agents aren’t personally interested in whether or not you’re actually feeling better or on the mend. In reality, they’re interested in getting you to talk about the accident in the hope you’ll say something they can later use against you to reduce the amount they have to pay out for your accident. Here, if you say something that suggests you were partially at fault for causing the accident you were injured in, your claims payout can be reduced or withheld altogether.

The Doctrine of Modified Comparative Negligence – 51% Rule

The state of Delaware follows the principle of modified comparative negligence – 51% rule. According to this rule, if you are 51% or more at fault in a car accident, you aren’t eligible to receive compensation for your losses. If the court determines that you are 50% or less responsible, you can recover damages reduced by the percentage of fault assigned to you. For example, if you suffered $100,000 in damages but are found to be 40% at fault, you can only recover $60,000 in damages.

Insurance companies are aware of the doctrine of modified comparative negligence – 51% rule. As a result, anything they can use to convince the court you are partially or totally at fault will result in a reduction in the amount they have to pay in claims.

Contact Michael Hood Before Talking to an Insurance Claims Agent

Insurance companies are in business to make money, pure and simple.  As a result, they have an incentive to reduce costs and minimize claim payouts. Most car accident victims are not familiar with the tactics used by claims agents when contacted by them. Once you retain an attorney, however, the insurer has to talk to your legal representative and avoid contacting you.

If you’ve been injured in a car accident, contact Wilmington Delaware personal injury lawyer online Michael Hood today. We will handle all communications with insurers and take steps to ensure your rights and interests are protected.

Delaware Improves Traffic Safety

There was a 13.6% drop in fatal traffic crashes, and an even greater 14.6% drop in Delaware’s traffic deaths for 2013 compared to 2012, according to an Office of Highway Safety (OHS) press release. For the first time in 50 years, there were less than 100 traffic fatalities in a calendar year in Delaware. There were 95 fatal motor vehicle crashes causing 99 fatalities in 2013 compared to 110 fatal crashes resulting in 116 fatalities in 2012.

It was 1963 when Delaware saw fewer than 100 fatalities when there were 96 traffic deaths.  Since records started being kept in 1929, the worst year was 1988 when 165 people were killed. The fewest number of traffic fatalities occurred in 1961 when 65 people were killed.

Where progress was made

OHS officials state the greatest safety improvement was in seat belt use, which increased to an all-time high of 92%, one of the highest percentages in the country.  There were 52 vehicle occupant fatalities (drivers and passengers) in 2013 and of those killed, 48% were not wearing seat belts, the same percentage for 2012.

Fewer fatalities are linked to drunk driving. Preliminary reports also show that 36% of the 99 (or 36%) traffic deaths in 2013 were alcohol-related, which is significantly down from 2012 when 60 (or 52%) of the 116 motorist fatalities were alcohol-related.  Delaware law enforcement officers arrested a total of 4,249 individuals in 2013 for driving under the influence of alcohol and/or drugs statewide compared to 4,198 in 2012.

Where improvement is still needed

Aggressive driving is being blamed for many traffic fatalities.

  • 31% of Delaware’s 95 fatal crashes are attributed to aggressive driving.
  • 37% involve speeding as a factor, higher than the national average of roughly 30% of all fatal crashes.
  • Other issues contributing to fatal crashes include failure to grant right of way, improper lane change and running stop signs.

Delaware Officials State There are Other Traffic Safety Areas That Need Improvement:

  • Pedestrian fatalities continue to be an issue for Delaware.  There was a slight decrease with 2013 ending with 26 pedestrian fatalities compared to 30 in 2012 and OHS states it’s planning more education and enforcement efforts statewide.  The highest contributing factors in pedestrian fatalities, according to the press release, include intoxicated pedestrians darting in front of cars and pedestrians not being visible to motorists.
  • The number of motorcycle fatalities increased, with twenty in 2013 compared to 17 in 2012.  High speed is blamed as the biggest factor to these crashes. Helmet use continues to be high with 65% wearing helmets in 2012 and 2013.

Contact Attorney Michael J. Hood

Despite these positive numbers, far too many of us are injured and killed on Delaware’s roads and highways. If you or a loved one has been injured in a vehicle accident, for a free initial consultation, contact us online or call our office at (302) 777-1000.

Vehicle Fire and Explosions Still Pose Significant Danger

Even though automakers faced multiple lawsuits in the 1970s and 1980s tied to the location of gas tanks on the Ford Pinto and certain GMC trucks, there are still many vehicles with gas tanks set behind the rear axle, which can lead to fire or explosion after a rear-end collision. Some models of the popular Ford Mustang and Crown Victoria, as well as certain Jeep offerings, still pose a substantial risk of fire or explosion in a crash.

The dangers posed by fuel tanks are not limited, however, by the choice of location. Many people have suffered horrendous injury, and even death, because of fuel tanks that caught fire or exploded as a result of:

  • The use of substandard materials to construct the fuel tank
  • The failure to properly shield a fuel tank so that it is not easily crushed in a motor vehicle accident
  • Improper welding in the construction or attachment of the tank to the car

Lack of attention to other design components has also led to automobile fires or explosions. For example, in some models, metal rods or brackets close to the fuel tank have pierced the tank during an accident. In vehicles that have fuel injection, the high pressure in the fuel lines can force a large amount of fuel into the environment after a collision. Unfortunately, in many vehicles, the fuel injection lines are not designed to seal off in the event of an accident. Furthermore, most fuel injection systems rely on electric fuel pumps, which will continue to circulate gasoline unless turned off.

The injuries sustained in a vehicle fire or explosion can be horrific, and establishing damages can be challenging. It is essential that your attorney have considerable experience handling burn and scarring injuries, so that you can get full and fair compensation for all your losses.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Commercial Vehicle Negligence

The legal issues involved in any motor vehicle accident could be complex.  Accidents involving commercial vehicles could have many more potential issues, so you don’t want to represent yourself in these cases.  Hire a qualified personal injury attorney well aware of the issues.

It’s Not as Simple as Loading a Commercial Truck and Hitting the Road

You may think trucking something from point A to point B must be straightforward.  It’s not.

  • The trucking company obtains the necessary permits to operate the truck,
  • The company often does not own the tractor, trailer or equipment used to haul the goods,
  • Instead, it leases the equipment, tractors and trailers from the “owner/operator,”
  • The drivers are usually not employed by the trucking company.   It hires them as independent contractors from the owner/operator.

The owner/operator is given a “placard” by the trucking company, which includes the name of the trucking company and its permit numbers. It’s put on the door of the tractor, making it appear the truck is owned by the trucking company, who employs the driver.

Laws and Regulations Covering the Trucking Industry are Key to Accident Victims

Federal laws and regulations govern the trucking industry. They establish standards that trucking companies, owners and drivers must meet. They also often determine who is responsible for a trucking accident.

Under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle. It doesn’t matter what the lease with the owner/operator states or whether the driver is an employee or independent contractor.

A certified truck inspector (normally a member of the state police) inspects any commercial truck and trailer involved in an accident before it is removed from the scene, pursuant to federal and state laws and regulations. This report details the condition of all of the important mechanical parts of the truck and trailer and we review these findings as part of the evidence of the case.

The “Black Box” comes to the highway

High technology is making it easier to determine the cause of truck accidents.  The trucking industry is now using devices similar to “black boxes” on airliners.  They record a variety of information, including the truck’s speed, its patterns of speed, when the driver used the brakes and how long the driver had been on the road. When I take a case involving a truck accident, we request this data be preserved. Otherwise, it might be erased as part of the regular routine of the company.

The most common causes of truck accidents are driver error prior to and during the trip, mechanical failures, weather conditions, road design and traffic signal failures. During a trial, an expert, after reviewing the evidence and possibly doing his or her own tests, will testify to inform the judge or jury what caused the accident.

Accidents involving commercial vehicles can often result in serious injuries and fatalities, because of the weight of the vehicles and the speed they’re traveling.  Over tired truck drivers, possibly under the influence of drugs, behind the wheel of over loaded vehicles, can be literally be an accident waiting to happen. If that accident happened to you or a loved one, contact our office, because we can help.

Contact Attorney Michael J. Hood

We offer a free initial consultation to every truck accident client. To set up a private meeting with an experienced Delaware personal injury attorney, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

 

Seeking Compensation After a Hit and Run Accident

When You Are Hurt in an Accident with an Uninsured or Underinsured Driver

When you have been in an automobile accident, one of your first steps is typically to contact the insurance provider for the other driver. But what if you don’t know who the other driver was? What if you sustained injuries in a hit and run accident? Are you without recourse to seek compensation for your losses? The answer is most often no.

In Delaware, as in all states, automobile insurance carriers customarily offer what is known as uninsured or underinsured motorists coverage. It is typically optional and, in most instances, will appear as a rider on your policy. If you have this type of coverage, you can seek reimbursement directly from your own insurance company, should you be in an accident with a driver who carries no insurance or not enough insurance to cover your losses. You can also use this provision to seek coverage when you cannot identify who caused your injuries.

You may or may not be able to find it if you review your policy after an accident. In addition, your insurance company may not be too helpful in assisting you with an uninsured or underinsured motorist claim. An experienced lawyer can review your policy and identify quickly whether you are entitled to this coverage.
You may also want to investigate whether there are other parties who may be potentially liable, parties who have the resources to cover your losses. For example, road conditions may have contributed to your accident, or there may have been a traffic light out. There may have been problems with your car, stemming either from design or manufacturing errors, or faulty work by a mechanic.

At the law office of Michael J. Hood, LLC, we will use our three decades of experience to help you get full and fair compensation for all your losses, including wages and income, medical bills, physical pain and suffering and loss of companionship. We handle all types of serious and catastrophic loss, including brain or spinal cord injury, broken bones, paralysis, burns, permanent scarring or disfigurement, and amputation or loss of limb. We also take wrongful death claims.

Contact Attorney Michael J. Hood

For a private meeting, contact us online or call our office at (302) 777-1000. Evening and weekend appointments can be arranged upon request. We will come to your home or the hospital, if necessary. There is no cost for your first consultation.

Driver Fatigue – a Common Cause of Truck Accidents

In response to increased concerns about the number of hours commercial truck drivers spend on the road, the Federal Motor Carrier Safety Administration (FMCSA) recently enacted new regulations designed to reduce the likelihood of accidents stemming from driver fatigue. On July 1, 2013, new standards went into effect, limiting drivers to 70 hours per week behind the wheel, and mandating at least 34 hours off when truckers reach the 70 hour maximum. The new regulations retain prior rules that limit a driver to 11 consecutive hours after a 10 hour break, and no more than 11 total hours over a 14 hour consecutive period. Drivers must also take a 30 minute break at some point during the first 8 hours on the road.

Truck Drivers Going Without Rest

There are a variety of reasons that truckers operate big rigs, 18-wheelers and tractor-trailers without the necessary rest. Most are compensated by the number of miles they drive, providing an incentive to log as many as possible. Many trucking companies have tight deadlines, and do not monitor drivers to make certain logs are accurate, and drivers are not exceeding federal limits. Sometimes it can be as simple as wanting to get home, or trying to avoid bad weather.

The statistics are pretty clear, though. About one in every 8 commercial truck accidents involves driver fatigue. In an FMCSA study, about 7% of drivers who had been in accidents admitted to falling asleep while driving. Another 40% said they felt some level of fatigue at the time of the crash.

Studies show that driver fatigue dramatically slows down reaction time, a significantly greater risk when you are hauling 80,000 pounds of goods. Researchers also determined that drivers who suffered from fatigue made frequent judgment errors, including changing lanes without looking, accelerating instead of braking, and exceeding the speed limit.

Contact Attorney Michael J. Hood

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

When You Are Hurt in an Accident with an Uninsured or Underinsured Driver

Often, after suffering injuries in a motor vehicle accident caused by the negligence or carelessness of another driver, your first course of action is to seek reimbursement and compensation from the other driver’s insurance provider. But what are your options when the other driver carries coverage for property damage only, or, worse yet, is driving without insurance (even though that’s a violation of the law).

In Delaware, as in other state, insurers typically offer what is known as uninsured or underinsured motorists coverage. It typically appears as a rider on your policy, and allows you to seek reimbursement directly from your own insurance company, in the event the “at-fault” party either has no insurance, or does not have enough coverage to cover your losses. It’s usually offered at an additional premium, and most insurance agents will carefully explain what it is and how much it will increase your premium. You may or may not be able to find it if you review your policy after an accident. In addition, your insurance company may not be too helpful in assisting you with an uninsured or underinsured motorist claim. You are best served to have an experienced lawyer review your policy and act as your liaison with insurers.

Another option when you have been injured in a motor vehicle accident with an uninsured or underinsured driver is to investigate the likelihood that there are other potentially liable third parties who have the resources to cover your losses. For example, even though the other driver may have been speeding or driving recklessly, there may also have been potholes or other roadway defects that contributed to the accident. The other driver’s vehicle may have been negligently designed or manufactured, or even serviced improperly by a garage or mechanic, leading to defects that caused or contributed to the accident.

At the law office of Michael J. Hood, LLC, we will use our three decades of experience to help you get full and fair compensation for all your losses, including wages and income, medical bills, physical pain and suffering and loss of companionship. We handle all types of serious and catastrophic loss, including brain or spinal cord injury, broken bones, paralysis, burns, permanent scarring or disfigurement, and amputation or loss of limb. We also take wrongful death claims.

Contact Attorney Michael J. Hood

For a private meeting, contact us online or call our office at (302) 777-1000. Evening and weekend appointments can be arranged upon request. We will come to your home or the hospital, if necessary. There is no cost for your first consultation.

What Are the Most Frequent Causes of Truck Accidents?

When there’s a motor vehicle accident involving a big rig, tractor-trailer, semi or 18-wheeler, the likelihood of serious or catastrophic injury is great. Though the maximum legal weight of an 18-wheeler is 40 tons, they are frequently overloaded, or loaded without adequate consideration of the distribution of weight in the trailer, making them extremely difficult to handle in a crisis. Because of increased concerns over the high rate of serious and injury and death in accidents involving commercial trucks, the federal Department of Transportation looked extensively at nearly 1,000 truck accidents, seeking to identify trends and patterns. Here’s what they found:

Most Truck Accidents Fall into One of Two Categories

The study, conducted by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), determined that more than four out of five commercial truck accidents resulted from either driver error, or from problems with brakes or tires.

More than half of the accidents studied stemmed from carelessness or negligence by drivers (this includes truck drivers and drivers of other vehicles). The most frequent mistakes by drivers included:

  • Driving under the influence of alcohol or drugs(including amphetamines to keep a driver awake)
  • Speeding
  • Failing to properly judge the speed of others on the road
  • Failing to allow adequate distance between vehicles
  • Distracted driving (using a hand-held device, texting, adjusting the stereo)
  • Failing to take reasonable or appropriate actions in a hazardous situation (often the result of poor or inadequate training
  • Crossing lanes or driving on the shoulder of the road

In about one third of the truck accidents investigated, the primary cause of the crash involving either brake or tire failure/defects. The study showed that this could involve a manufacturing defect, but that it also included failure to properly maintain tires or brakes. Investigators discovered that many drivers were using tires that did not meet minimum tread depth requirements, and that many were using mismatched tires, such as bias and radial tires, on the same axle.

At the law office of Michael J. Hood, LLC, we aggressively protect the rights of people hurt in truck accidents, helping you recover compensation for all your losses, including wages and income, medical expenses, loss of companionship or consortium, and physical pain and suffering. We take all types of claims, from sprains, strains and soft tissue trauma to serious and catastrophic loss, including wrongful death actions.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Wrongful Death Suit

The purpose of a wrongful death suit is to recover damages from a responsible party for the loss of a family member. Each state has its own legislation on what is required to file a wrongful death suit, and the statute of limitations is very limited, so it is important to act quickly. A large number of wrongful deaths result from a loved one being killed at the hands of a drunk driver. According to the National Highway Traffic Safety Administration (NHTSA) a drunk driver kills someone every 51 minutes. That is over 10,000 people per year. Additionally, 3,000 people were killed in 2011 in what the NHTSA calls “distracted driving” accidents, which involve texting while driving or the use of other electronic devices. If you have lost a family member due to the negligence of another The Law Office of Michael J. Hood can help.

The NHTSA also reports that 5,953 passengers in vehicles were killed in 2011. If your loved one was killed while riding in a vehicle, it was likely though no fault of their own, yet their family must suffer. Coping with the loss of a loved one can be one of the most trying times of your life, and it is intensified when it is the result of someone else’s negligence.

At the Law Office of Michael J. Hood, we bring more than 31 years of experience to our clients in Delaware and Pennsylvania. Our clients appreciate our straightforward approach to wrongful death claims. We will carefully gather as much information as we can about your case so that we can give you a realistic assessment of the strengths and weaknesses, what you can realistically expect to recover and your likelihood of success.

Contact Attorney Michael J. Hood

We offer a free initial consultation to every client. For an appointment, contact us online or call our office at (302) 777-1000. We are open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to the hospital or your home to meet with you if you are unable to travel.