Toxic Mold, Toxic Torts and Raildroad Accidents

(The following content was made for an attorney site; submitted to Anna Lim via email 011905) Posted on Jan 20, '05 4:40 AM ET for everyone


CUSTOM CONTENT >>> Legal

• Toxic Molds

Exposure to Toxic Molds Can Cause Serious Health Problems

Toxic molds continue to cause serious health problems on humans for so many years. The number of toxic mold cases has been rising dramatically because people are now becoming aware of the dangers posed by these microorganisms.

Toxic molds continue to cause serious health problems on humans for so many years. The number of toxic mold cases has been rising dramatically because people are now becoming aware of the dangers posed by these microorganisms. According to the Environmental Assessment Association, concern is mounting as the medical field is better understanding the effects and illnesses caused by toxic mold.

Molds are but one type of fungi that exist anywhere in the world. When combined with damp, moist and wet conditions, they are able to grow on varied materials such as wood, carpet, cloth, insulation, and all types of food. They usually thrive in areas where humans exist. When molds are "toxic", they can adversely affect human health. Toxic spores generate into the next generation of toxic mold when they begin to dry. These next generation toxic molds are poisonous to the human body.

There have been many reports of toxic molds causing serious and even fatal results particularly for infants and sensitized individuals. According to statistics, children are affected much more easily than adults. Effects usually include allergies, infections, irritations, and toxicities. In many cases, victims do not realize they are exposed to toxic molds because symptoms appear like a common cold or allergies. A person who has an especially decreased immune system can suffer heightened health complications when exposed to toxic mold. Moreover, prolonged exposure can be extremely damaging especially when there is an abundant concentration of toxic mold present.

In addition, there is a strain of toxic molds that are so dangerous that once inside human tissue could grow in masses. These, in turn, can grow in human lungs, kidneys, along walls of arteries, veins, and heart valves. When this happens, toxic mold can be difficult to treat.

Many toxic mold lawsuits have argued on the extent of damages that it can cause an individual affected by it. There are hundreds of pending cases on the results being so detrimental to human health and conditions. There's even a Florida study that concluded that people's immune system changed with regular exposure to toxic mold even at low levels.

Toxic mold and its effects can be too much for an individual. However, knowing your legal rights and options will save you more ways than one. If you or a family member have been affected by toxic molds and would like to learn more, contact us now to confer with a toxic mold lawyer.

• Toxic Torts

A Toxic Torts Lawyer Will Help You Recover

A toxic tort case involves an injury caused by contact with a toxic substance. Everyday, people across the nation are being exposed to toxic substances at home, at work, and even during times of leisure.

The fundamental principle of the American tort law is that a person, who has been injured due to another person's negligence or carelessness, is entitled to be put into the position he or she was in before the tort.

A toxic tort case involves an injury caused by contact with a toxic substance. Everyday, people across the nation are being exposed to toxic substances at home, at work, and even during times of leisure. This is largely caused by the growing number of dangerous, toxic substances that are present in our environment. Some of the toxic substances that have been shown to cause significant injury to people are found in the materials we use in our homes. Examples of these substances are lead-based paint, asbestos, dry cleaning and other solvents, pesticides, electromagnetic fields from utility wires or major appliances, various drugs and pharmaceuticals such as DES, among others.

Sometimes an injury form a toxic substance does not show up for years after the exposure. It is also rarely that toxic exposure affects just one person. Mostly in cases of environmental contamination, victims bring legal claims as a group in order to seek redress for wrongful toxic exposure. This can be attributed to the fact that these people are often of the same occupation or experienced the same event (such as the nuclear holocaust).

Moreover, although laws exist to protect individuals form suffering toxic torts, they also provide easy and convenient ways for groups to bring forth their claims in the form of a class action. That is why most toxic tort cases involve a group of people. In fact, many such actions have been initiated in the past.

Proving toxic torts can be extremely difficult for the injured. It can be hard work for a person to prove that one has been injured by toxic substances. In addition, parties involved in defending toxic torts cases are often fanatical lawyers hired by big corporations, manufacturers, and users. Many have been known to hide and destroy evidences to prove of the corporation's involvement.

Getting involved in a toxic torts lawsuit requires big investments not only in money, but also time and effort. Aside from getting legal assistance to prove your case, it is also necessary for lawyers to consult with several doctors with specialties in the diagnosis and treatment of persons injured by toxins, toxicologists, and certified industrial hygienists. They will help determine the needs and reduced abilities of the victim, as well as translate into economic terms the elements that a court and jury can understand.

If you suspect that you or a family member is suffering injury due to exposure to toxic substances, initiate a legal investigation. Contact us now for a competent and experienced representation to recover damages lost. Our toxic torts attorneys will be on hand to guide you through the process.

• Railroad Accidents

Recover Railroad Accidents Damages

Every 90 minutes, a train accident occurs somewhere in the country. And every two weeks, a train carrying hazardous materials runs off the tracks and spills its load. Recovery of damages may be obtained with a reliable railroad accident attorney around.

The railroad system of the United States consists of over 600 railroads, with more than 200,000 miles of track. According to statistics, railroad accident rate per million train miles dropped by more than two-thirds, and the number of rail-related fatalities and injuries fell by three-fourths from 1978 to 1993.

Although this may sound great, we cannot discount the fact that every 90 minutes, a train accident occurs somewhere in the country. And every two weeks, a train carrying hazardous materials runs off the tracks and spills its load.

Although trains are convenient means of traveling and transporting goods, over the years, they have become a greater danger because of their increased speed. Sometimes, railroad accidents are caused by human error, at other times, accidents happen due to derailment, explosions on board, and bridge collapses. Moreover, most accidents are the result of violations in inspections and maintenance. Whatever the cause, many of these accidents are preventable.

Most people do not realize that railroad accidents do happen on such a large scale. Every individual has the right to assume that they are safe from railroad accidents and that in the event that they do happen, one has the right to just compensation and recovery of damages.

When a railroad accident occurs, there are laws that exist to determine where the liability lies; whether the carrier is liable or not. There are many factors to be considered i.e. the railroad company is at fault, and proper care and maintenance could have prevented the accident. On the other hand, if the carrier is found liable, there are even more factors in determining the percentage of liability that has to be assumed.

The laws governing liability on railroad accidents and injury are vast and complex. Proving a physical, emotional, and psychological injury can be difficult. It is advised that one should seek legal representation following a railroad accident. A railroad accident lawyer will be able to provide the necessary specialization and skills to seek just compensation for damages resulting from the accident. Credible and trustworthy railroad attorneys will know the particular legal matters involved.

As not all train companies assume responsibility, it is therefore more convenient for victims of railroad accidents to contact a legal representative. This may also ensure fast and less stressful recovery of damages that are otherwise hard to obtain because of lack of resources and knowledge. For more information, contact our railroad accident attorneys for legal advice and assistance.

On Bus Accidents, Boating Accidents, and Defective Products

(The following content was made for an attorney site; submitted to Anna Lim via email 011905)

CUSTOM CONTENT >>> Legal
(400 words)

• Bus Accident

Bus Accident: Riding a School Bus May Be Harmful

- Everyday, millions of students are being transported to and from school using the yellow school buses. Despite its low rate, school bus accidents are still devastating for all involved. Nevertheless, taking legal action is a must.-

Everyday, millions of students are being transported to and from school using the yellow school buses. According to a survey, more than 8.8 billion student trips are done by these yellow buses each year.
Over the years, school bus transportation was the safest way to transport a child. However, it cannot be discounted that there is still a small number of school bus accidents that occur, accounting for an average of 26 deaths of children from the past decade. These accidents include those of pedestrians- getting on or off a school bus- and as passengers.

One third of all fatal traffic crashes within the decade were classified as school-transportation related. According to the U.S. Department of Transportation's National Highway Traffic Safety Administration, a school-transportation related crash involves, either directly or indirectly, a school bus body vehicle, or a non-school bus functioning as a school bus, transporting children to or from school or school-related activities.

Despite its low rates, school bus accidents are still devastating for all involved. A school bus accident may be caused by various factors, and can result in death and serious life-changing conditions. For both the parents and child, the results are extremely devastating. That is why it is imperative that parents of injured children from school bus accidents should contact a legal adviser immediately to help them understand the situation, and explain their legal rights and options.

There are many factors to consider when deciding where lies the fault in a school bus accident. Although intermittent, school bus accidents do occur, and legal advice specializing in school bus accidents can help a great deal in determining the negligent party and assess the amount of damages that may be claimed.

Taking legal action after one has suffered can be stressful and distressing for most of us. However, injured parties, particularly the parents, should realize the impact that these bus accidents can have on them physically, financially, emotionally, and psychologically. A professional and qualified lawyer will have the knowledge and expertise necessary to seek proper compensation from the pain and suffering derived from the school bus accident.

As in any other accidents, school bus accidents occur because of negligence. A qualified lawyer has the necessary skills and expertise to conduct investigation of the factors to better understand who should be held liable. Investigating a school bus accident can be very difficult. But a professional lawyer with expertise and tact will be your means to a better assessment.

Contact us now for inquiries on how we can help you find legal ways to protect yourself at a reasonable cost.

• Boating Accident

Boating Accident Should Propel You to Take Action

- Boating accidents occur because of negligence and can result in serious fatalities. 80% of boating accidents are of people struck by a boat or its propeller. A boating accident lawyer specializing in personal injuries from boating accidents can help you recover your losses and claim damages. -

British pop singer, Kirsty MacColl, was killed in a boating accident while on vacation in Mexico. She was swimming with her two children when a speedboat traveling in an illegal area struck her. She was 41. MacColl was best known as the pop singer who collaborated with musicians such as the Pogues, the Rolling Stones, and the Smiths.

In the United States, there are nearly 12 million registered boats, 95% of which are less than 26 feet in length. These same boats account for as many as 80% of boating accidents where people in the water are struck by a boat or its propeller. The majority of these accidents are the result of operator error, and relatively few in number. Nevertheless, most of them have severe results and have tragic consequences.

According to the Florida Boating Accident Statistical Report, 48% of reported accidents were primarily caused by either carelessness/inattention or violation of a navigation rule. And majority of personal watercraft accidents involved either a collision or a fall on a boat. Alcohol contributed to 33% of all fatal boating accidents.

Operator inexperience, incompetence, negligence and intoxication are important factors not only in reported boat and propeller strikes, but in all other boating accidents as well. In the case of propeller and boat accidents, almost all of the victims are in the water—a swimmer, scuba diver, fallen water skier or the operator or passenger.

Passengers who were ejected from the boat or fall overboard are usually those that move about, or who are improperly seated on the bow, a gunwale or a seatback. They are ejected during sharp turns, or when boat operators are wake jumping or performing other maneuvers at speeds which are dangerously fast. Some of the victims were ejected by collisions with another boat or a submerged or fixed object. Sudden acceleration and deceleration can also cause ejections from a boat.

Boating accidents, caused either by propeller or other elements, occur largely because people underrate the dangers involved with boats. Boating accidents occur because of negligence and can result in serious fatalities. Regardless of the type of accident, a boating accident lawyer specializing in personal injuries from boating accidents can help you recover your losses and claim damages.

A boating accident injury can result in high financial difficulties. Filing a suit can be stressful and distressing. In addition, there is a statute of limitations for filing a boating accident. It is important therefore for victims-- or family of the victims—to contact a boating accident attorney to ensure that their rights are protected.

For more information or queries regarding the victims' rights and just compensation, our reputable boating accident attorney are available to provide you legal assistance.

• Defective Products

Your Defense on Defective Products

- If a defective product causes serious personal injury or substantial property damage, the manufacturer can be sued. The victim can hold a manufacturer or seller strictly liable if the victim's lawyer can prove that a defect on the product caused the injury. -

A defective product is a product that causes some injury or damage to a person using the same product. It may be caused by some defect in the product itself or its labeling. Either way, if a defective product causes serious personal injury or substantial property damage, the manufacturer, and others involved in the chain of commerce (e.g. sellers), can be sued, even if the injured consumer cannot prove negligence. All states allow recovery, even in small forms, to persons injured by defective products.

Contemporary Product Liability Laws concentrate more on whether the product is defective, rather than the conduct of the manufacturer. Courts decided way back that manufacturers should be made liable whether a product is safe for reasonably foreseeable use. Manufacturers should adhere to a stricter standard because it would be hard for victims to prove negligence in technical cases involving engineering design and manufacture. Thus, the victim can hold a manufacturer or seller strictly liable if the victim's lawyer can prove that a defect on the product caused the injury. Product liability cases run from the obvious to the not-so-obvious. An example of the former is a car sold without operational brakes, or a shampoo that causes baldness. On the other hand, injuries resulting from exposure to tobacco and cigarettes may be cited as a not-so-obvious case.

Different laws are applied to defective product cases from one state to another. However, there are three legal theories common to all jurisdictions: (1) Manufacturing defect, wherein the injury was caused by a defect in the manufacture of the product; (2) Design defect, where the injury was caused by a poor design; and (3) Inadequate warning.

Manufacturers are considered by law to have the responsibility to provide adequate protection to consumers from defective products. When consumers are not properly warned that the defective products are on the market, the company who manufactured the product is liable.

As in other laws, there are statutes of limitations for defective product cases. A defective products lawyer who is competent and experienced will know how to use these liability laws to better protect you and your rights.

If you suspect that you or a family member is a victim of a defective product, which caused you bodily or property damage, contact a defective products attorney now. Knowing your legal rights and options will allow you to have a better chance of protecting your right of recovery.
For further assistance to your legal problems, contact us now. Our legal assistance team is on hand 24/7 to assist and provide answers to your queries.

When to Get Moving With Your Personal Injury Case

Getting embroiled in a legal battle on a personal injury case requires the dynamic and expert representation of a lawyer. However, there are times when handling your own injury insurance claim is the best thing to do.

Combined with basic information on the process of accident claims, a bit of organization and a dash of patience, your very own representation may be the best thing to have even in the absence of a lawyer. Without the costly fees that an attorney entails, you'll be able to get more compensation for your injury as long as your insurance company does not unfairly deny or reduce your claim.

Types of claims you can often handle on your own include automobile, cycle or pedestrian accidents; slip or trip and fall accidents; home accidents; and accidents with defective products.

But despite the fact that legal representation is helpful and even necessary particularly in situations involving severe or permanently disabling injuries and certain types of complicated accidents, there are reasons that indicate why you can handle your personal injury case even without the presence of a competent attorney.

1. Simple claims process

Oftentimes, the lawyer themselves and the insurance companies are the ones that make the process of settling an injury claim complicated. Usually, the process is quite simple. Most claims involve no more than a few letters and phone calls with an insurance adjuster. Moreover, the adjuster most often does not have legal training so technical language or complex legal rules are not necessary for both of you to understand each other. Thus, your right for compensation depends on nothing more than common sense and evidence on who was at fault and who wasn't.
2. Structured Compensation System

Several factors contribute to the figures that compose the amount of your claim. It doesn’t come from thin air or from a magician's hat. When computing for your claim's worth, a simple computation of figures-- the type of accident, injuries, medical costs, etc.—can give you the estimate of the amount. The system is structured in such a way that even if you're not a lawyer or from the insurance company, you could easily handle your claim by yourself. The amount an insurance company is willing to pay usually falls into a fairly narrow range.

3. You know your claim best

Better than anyone else, you yourself know how your accident happened. Not your insurance adjuster; not even your attorney. So who's the best person to represent your claim? You. You know what injuries you incurred and what physical condition and circumstances you're in now following your accident. These are generally the most significant elements to understand when settling an injury claim.

4. Definite savings on legal fees
According to one legal site, a lawyer is usually able to negotiate for clients only an extra 10% to 25% above what they can get when they opt for negotiating the claims themselves. Moreover, a lawyer will take 33% to 40% from the recovered damages, in addition to the charges of costs such as administrative services, court filing fees, etc. etc. Add them all up and you may be able to get just a fraction of the claim from the insurance company. This will definitely help you decide that your better off alone than with a lawyer around.

(Submitted to Anna Lim via email 012005)

What You Need to Know About Insurance Companies

When filing a personal injury claim, it is best to arm yourself with information on how to deal with insurance companies. Knowing what you'll be getting yourself into would make it a lot easier to get your claims fast and without the stress that usually comes with having a legal battle between you and the insurance company.

Here are some information to help you communicate and negotiate after an injury accident.

The Insurance Claims Process

• The first thing to do before filing a claim is to notify the person or persons who may be responsible for the accident about your being hurt and your intent to file a claim for your injuries. Not only does this increase your chances of getting a quick settlement; it also prevents the cause of your accident to claim later that they were caught by surprise and that they don't know anything about your filing a claim.
• Make a thorough investigation of your claim. You need to prepare all pertinent evidence, establish who's responsible for the accident, determine the worth of your claim, and plan a good argument.
• Write a formal demand letter to the insurance company of the person who you believe is responsible for your injuries. Take note that this may include your own insurance company, if you are covered, for example by a no-fault automobile policy.
• Negotiate with the insurance company until you agree on a settlement you can live with.

It's that simple. Most insurance companies are usually willing to pay in the range that you have forwarded to the company. Nevertheless, when faced with a stubborn or unreasonable claims adjuster, you may resort to more determined negotiation tactics or get the expertise of a lawyer. Or worst case scenario—take your case to court.

Making A Formal Claim For Compensation

Making a formal claim for compensation in the form of a demand letter is a critical element in the negotiation process. It is therefore advised that you write it in a careful and well-thought of manner. Include points that could make a strong impression for your arguments. Include why the insured person is at fault, the extent of your injuries, your medical treatments and costs, your income loss following your accident, other damages you suffered, and if you have no-fault automobile insurance, why you qualify to make a claim against the insured person.

In conclusion, your letter should contain a demand for a lump sum that will settle your entire claim. It is advised that the lump sum be higher than what you are actually willing to settle so that you'll be in a good position to negotiate later.

Computation of the Amount for Compensation

There is a general formula that lawyers and insurance companies use to calculate the range of compensation for an injury. In general, you can expect to be reimbursed based on medical care, lost income, temporary and permanent pain and other physical discomfort, and loss of family, social and educational experiences.

A claims adjuster usually computes the compensation according to a damages formula:

(medical special damage x multiplier) + lost income

The "medical special damage" is the total medical expenses related to the injury plus the general damages which include intangibles such as pain, suffering, and other non-monetary losses. The adjuster then multiplies the amount by a multiplier in the amount of 1.5 or 2 when the injuries are relatively minor, or up to 5 when the injuries are particularly painful, serious, or long lasting. The multiplier may even go as high as 10 in extreme vases. Lastly, the adjuster then adds any income lost as a result of the injuries.

By understanding the formula used, you will be able to get a faster and quicker settlement from the insurance adjuster.

Lastly, you should also remember that your own insurance coverage or paid sick leave from work should not limit your compensation from an accident. It is improper for an adjuster to ask about such payments. One attorney site said it all, "You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay."

(Submitted to Anna Lim via email 012005)

Where to Get Legal Representation for Your Injury Claim

Nowadays, getting legal assistance and representation are so costly that many are finding other ways to look for cheap and sometimes "free" legal advice. The Internet is filled with online sources and legal websites that offer supposedly free legal counsel.

Quite a few sites actually, offer detailed analysis of situations most often for free, or sometimes for a minimal fee. Many of them entertain legal queries. However, the legal advice that you may get from these sites are not reliable, and most of the sites even have a disclaimer on the advice provided.

Nothing beats advice coming from a reputable and knowledgeable lawyer. Here are some ways to help you find a good, experienced personal injury lawyer, whom you feel you can trust:

Innie Minnie Miny Moe… Who do you refer?

Getting referrals on experienced lawyers is easy. However, you need to meet with each of them to discuss your claim before you decide to hire someone. And be prepared to get rejected. Remember that lawyers are practicing their profession for their own gains. Many do not take cases if they fall below a certain potential recovery amount. In addition, there are also those who reject claims that are not crystal clear. So make sure you have everything in place and all the information when you meet with the potential lawyers.

You can get referrals from (1) friends and acquaintances, (2) other lawyers, and (3) referral services. Talk with friends or acquaintances who have been represented by a lawyer in their own cases. If they have nothing but good things to say about a lawyer, put him/her on the list. Discuss your case with that lawyer and decide if you feel that you will be comfortable working with him or her.

Other lawyers you know would also be able to make referrals of other lawyers. They usually confer cases with one another so most of them may know someone who can handle your case.

On the other hand, most bar associations have referral services where names of lawyers and their specialties are available.

Let's discuss the problem…

As with all referrals, discussing your case with each of the lawyers will help you determine the best representation that could handle your personal injury claim. Bring all pertinent documents from the police report, to medical bills and correspondences with the insurance company. Most lawyers do not charge at the initial consultation. Nevertheless, there still those who already want to charge for discussing whether or not he or she will take the case. When this happens, it's time for you to go look somewhere else.

His/Her General Experience…

You need to know a few basic things about your potential lawyer. These include: (1) How long has the lawyer been in practice; (2) What percentage of the practice involve personal injury claims; (3) Does the lawyer practice as a plaintiffs' or defendants' representative; and (4) Would he or she personally handle your case. If not, then find out who would be dealing with you directly, and ask to meet that lawyer. It's not uncommon for more than one lawyer in a firm to handle the same case. Often, less experienced attorneys handle routine tasks.
How much is it worth?...
After discussing the facts on your case, it's time to move on to how much he or she thinks your case is worth. In addition, ask your potential lawyer how difficult he or she thinks it may be to get the insurance company to pay the amount. This is the time to let your lawyer know what it is you want him or her to do for you.

In the end, getting your lawyer to represent you depends on your needs and wants. So don't confuse the information you get from the Internet with true legal advice. Obtaining advice and representation from a licensed, practicing lawyer is still the most reliable means when you're facing a particularly serious or complicated injury claim. As in any other regular hiring process, just remember to interview first before you decide. If you feel confident with a lawyer's experience and his ability to handle your case, chances are you found the best lawyer for you.

(Submitted to Anna Lim via email 012005)

How Much Would It Cost To File Your Personal Injury Case

Figuring out how much one could expect from an insurance company is mind boggling. You've been computing your damages over and over again, and when you thought you got the numbers down pat, lo and behold! The insurance company thrusts an amount that's different from your expectations. In fact, it may have been a little bit lower than your computations.

So after everything-- you got your claim, thanks to your lawyer-- now, you have to think about the costs that were incurred when you got your legal representation. And mind you, it's a known fact that legal fees are usually high and the rates are often outstanding. So how much does it cost to hire a lawyer?

Bill against work done.

Providing a retainer to the law firm is one option of getting your lawyer paid. This means that the client (you) provide the retainer fee which will be based on the work done on the file. Most often, this is the hourly rates of lawyers. The retainer is intended to cover both legal fees and expenses as the case progresses. However, whatever legal fees and disbursements outside of the case are not included in the retainer fee. This is aside from other basic fees or disbursements such as courier charges, court filing fees, and the cost of any medical legal reports which are not covered by the insurer. The size of the retainer and the cost of disbursements will vary depending on the circumstances, including the seriousness of the injury. It is best therefore to come in for a consultation to obtain information regarding this matter.

A percentage of the award.

This involves payment of a certain percentage of the award from the insurance company. The percentage will vary depending upon whether the matter has been settled before it reaches the Court. In addition, you are still required to provide your lawyer payments for disbursements actually incurred on the case. Again, your lawyer can advise you as to the amount involved.

One legal site gives this advice when hiring a lawyer: "It is highly recommended that at the outset of the file, the client enter into a signed retainer agreement with the lawyer covering the financial as well as other terms under which the lawyer is being hired… Such agreement will go a long way towards preventing disagreements later… when both the lawyer and the client may have a less than perfect recollection of the original agreement."

(Submitted to Anna Lim via email 012005)

It's Not My Fault!

Figuring out who is at fault during traffic accidents depends on who was careless or "negligent". In legal terms, a person is "negligent" when there is failure to use reasonable care. If a person fails to act carefully and sufficiently in a matter in which he or she has a moral responsibility, that person is considered "negligent". It is a departure from what an ordinary reasonable member of the society would do in the same community.

However, determining negligence is a gray area when it comes to deciding whose fault it is when accidents occur. In many cases, intuition usually tells when a driver, cyclist or pedestrian acted carelessly, but not what rule or regulations have been violated.

When trying to get support to your claims from an insurance company, a number of official support can help a great deal. It is easier to tell that you're not at fault when…

… the police report says so.
A written accident report from the police can serve a great deal of support in showing that the other person was at fault. When there is an injury during the accident, there is an increased probability that the police would be taking down notes and file the report later.

The statements in the report may range from the officer's opinion of who is at fault, or who violated a specific traffic law that caused that accident, or even that the officer issued a citation. Other times, the report may merely mention negligent behavior without plainly stating that the violation caused the accident.

Regardless, any mention in a police report of a traffic law violation or careless driving of a person other than yourself, can show that the other person is at fault, and serve the purpose of supporting your claims.

For a copy of that report, you may ask the traffic division of your police department.

… stating traffic laws.

Another great support for your argument would be in the state laws that govern driving. Each state has its rules of the road contained in its statutes. Usually known as the Vehicle Code, a simplified version is often available at a local Department of Motor Vehicles office. Aside from the Department of Motor Vehicles office, your public library and all law libraries has a complete version of the Code. In addition, you could also browse in the Internet for your state's Vehicle Code.

In the index, look for listings of rules that may apply to your accident. You could even ask the assistance of your local librarian to help you with your research. Just remember to copy not only the exact wording of the rule that may apply to you, as well as the statute number. You can refer to this easily when the time comes that you are negotiating your claim with the insurance company.

… there's "No-Doubt" about it.

There are certain kinds of accidents that provide a "No-Doubt" Liability when claiming insurance. When this kind of accident happened, 99% of the time, the other driver is considered at fault. The insurance companies hardly bother to argue about it. Such "No-Doubt" situations occur on:

Rear-End Collisions
It is never your fault, when someone hits you from behind, regardless of why you stopped. A basic rule of the road states that a vehicle should be able to stop safely if traffic is stopped ahead. If it cannot stop safely, the driver is not driving as safely as the person in front.

Another sure-fire evidence of the rear-end collision is when your rear end is damaged and the other driver's front end is also damaged. There can be no doubt on who struck whom. The driver of the car that hit you may claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours. No matter. That doesn’t change his or her responsibility for injuries to you and damage to your car.

However, there are still a few circumstances that your own carelessness may reduce your compensation. This is under the rule of "comparative negligence." This may apply in situations such as when one or both of your brakes or tail lights were out, especially at night.

Left-Turn Accidents
The rule says that a car making a left turn is almost always liable for a collision with a car coming straight in the other direction.

Still, there are exceptions to this rule, however rare and difficult to prove. The car making the left turn can be excused when (1) the car going straight was going well over the speed limit; (2) the car going straight went through a red light; and (3) the left-turning car began its turn when it was safe, but something unexpected made it to slow down or stop. The third exception is extremely difficult to use because of a basic rule: that the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.

In addition, the location of the damage on the cars in rear-end collisions sometimes make it difficult for the driver to argue that the accident happened in some way other than during a left turn.

All in all, it is easy enough to say that the other person is at fault. Although it seems complicated at times, most often, it is simple common sense that makes the difference.
(Submitted to Anna Lim via email 011905)