What happens after a car wreck in snow and ice?

The icy road time of year is here.

Car wrecks in snow and ice happen in the mountains, on highways, and even on your way to work.

Drivers have important duties when driving in snow and ice. All drivers have a duty to drive at a safe speed for the conditions, even if that means going well below the posted speed limit. Drivers also have a duty to maintain control of their vehicle, even if they hit an icy patch. And equally importantly, drivers must follow at a safe enough distance to stop without hitting the car in front of them, regardless of the road conditions.

When people get in car wrecks in snow and ice, the at-fault party almost always blames the weather.

They say it’s the ice’s fault they crashed into you and caused you injury. That’s not how the law sees it. When a driver hits you during snow and icy conditions, they are still responsible for the injuries and damage they cause.

At Queener Law, we regularly represent people who have been injured in car wrecks in snow and ice.

The injuries from these types of wrecks can be severe and long-lasting. We will ensure that the insurance company for the responsible party takes accountability. The team at Queener Law will get you compensated for the harms and losses you suffered because another driver failed in their duties.

Queener Law Colorado Wins Trial Against Starbucks

Car Wreck Attorney

Queener Law wins trials.

After nearly four years of fighting, Queener Law won a jury verdict in Arapahoe County, Colorado, against Starbucks.

For years, Starbucks Coffee Company knew that its roof and downspout leaked onto the sidewalk. In the colder months, the water on the sidewalk froze solid, covering the entire corner of the pavement. Customers walked across that pavement to get to their cars after spending money on coffee and tea at Starbucks. Employees complained. Customers fell and were injured. Yet Starbucks did nothing to fix it.

Sometimes Starbucks threw ice melt on the sidewalk. Sometimes they shoveled it. Most of the time, they did nothing.

In 2019, our client stopped at Starbucks to get tea on his way to a business meeting. When he was walking back to his car, he came around the blind corner and stepped on the sheet of ice. His feet flew out from under him and he landed on his back and outstretched arm. He tore his shoulder and suffered multiple, severe injuries to his spine. Our client went to the emergency room and a series of specialists. He had shoulder surgery, spinal procedures, and years of rehabilitation.

What did Starbucks do? Nothing. They did not make an incident report. They did not offer to pay his medical bills.

Starbucks offered him a $50 gift card and their well wishes.

It took our client nearly $200,000 in medical debt to get his shoulder fixed and his spine back to the point that he could still work. His spinal injuries are permanent and he will never be the same. But all Starbucks offered him was that $50 gift card.

Queener Law’s history shows our team wins trials.

We took the case on his behalf and pushed Starbucks to take accountability.

During the litigation, Starbucks’ representatives testified that Starbucks maintains “a culture of safety,” but admitted that nothing was done on the day our client fell to treat the ice, warn customers, or make it safe. Nothing. Their team of attorneys created false scenarios about our client, claiming he was faking his injuries, exaggerating his losses, and maybe didn’t even fall in the first place. The Starbucks team tried any and every tactic they could to avoid taking responsibility.

At trial, our team showed video from the scene of the fall. We called our client’s doctors in to testify that not only are his injuries real, they are permanent. We had an economist testify about the financial hardships Starbucks’ negligence caused him. The proof was clear.

The Arapahoe County jury returned a verdict quickly and clearly.

They found that Starbucks was negligent and responsible for our client’s injuries. Their six-figure verdict put our client back on the road to recovery.

We are beyond grateful to our client for trusting us with his case and to the jury for bringing justice.

When Queener Law litigates cases, our team wins trials. We see justice done or we don’t quit pushing.

What should people look for when seeking legal representation for a car wreck case?

What should people look for when seeking legal representation for a car wreck case?

 

What should people look for when seeking legal representation for a car wreck case? In my opinion lawyers are a lot like doctors. So, if you’re going to have a shoulder surgery go to an orthopedic doctor who specializes in shoulder surgeries. Your odds of a greater outcome will increase.

Likewise with attorneys, if you have been involved in a serious accident with a tractor trailer, hire a personal injury attorney who has extensive knowledge of the Federal Motor Carrier Safety rules and regulations. Please don’t hire the local criminal lawyer or the estate attorney who handled your mom’s will. If you hire an attorney who does a little bit of everything…you know the saying, “jack of all trades, master of none”.  How does this attorney stay on top of all those different areas of law? They don’t.

It is very important to do your research and ask questions when you hire anyone. When you call an attorney for a consultation, it’s okay to ask what types of personal injury cases the attorney has handled. Ask how often they go to trial and if they have experience working with your specific type of car wreck injuries.

Insurance companies also factor in the capabilities of the attorney on the other side. Your car wreck settlement can be affected by your attorney’s knowledge and abilities to work through the case. Choose who you hire very carefully.

 

Fatal Truck Crashes Rise

Fatal Truck Crashes Rise

Lives are being lost as our government continues to ignore simple safety solutions.

Fatal truck crashes are among the most consequential on the road. Because trucks are so large and powerful, truck drivers and trucking companies are subject to a number of regulations and restrictions, including hours-of-service regulations, rest requirements, and prohibitions on texting while driving.

 

Common Causes of Truck Accidents

  • Speeding
  • Overloaded trucks
  • Unsecured truck loads
  • Truck driver fatigue
  • Improperly maintained trucks
  • Truck defects
  • Drunk driving
  • Texting while driving
  • Improper or inadequate truck driving training
  • Truck driver negligence

 

As Journalist, Johnathon Salant investigates, the obvious stalling of legislatures to pass meaningful regulations seem apparent and very worrisome. Salant states, “The Federal Motor Carrier Safety Administration in 2016 issued a rule setting standards for driver training. Then the rule was delayed to 2022.” If a truck accident happens because the trucker or trucking company violated trucking regulations, liability can be assessed against the trucking company and/or truck driver. Additionally, the violating party may also be subject to hefty fines and other penalties. If you are on the road, you should be concerned. Over the last decade, deaths in crashes involving large trucks has risen by 36% according to the  National Highway Traffic Safety Administration statistics.

Over the years, Queener Law has amassed an in-depth understanding of trucking accident liability cases; as well as, knowledge of the rules and regulations issued by the Federal Motor Carrier Safety Administration. This combination allows Queener Law to better advocate for clients and families involved in fatal truck crashes. Contact Queener Law at (615) 933-9000 to schedule a free consultation if you have been injured in a big truck wreck.

Source https://www.nj.com/politics/2021/01/deaths-in-truck-crashes-keep-rising-as-your-government-ignores-safety-solutions.html

Don’t be THIS Winter Weather Driver…

Don’t be THIS Winter Weather Driver…

Driving in winter weather can be challenging enough. Throw in an inexperienced or even an inconsiderate driver – and you may have more than just a “wintry mix”. You could have a recipe for disaster. Getting stuck behind a driver spinning their wheels or not paying attention is annoying – and most of all, it’s downright dangerous. Even though road conditions may cause challenging driving hazards, you are still ultimately responsible for how you handle your car on the road. This means, you need to take extra precautions in inclement weather to avoid causing an accident. Winter driving calls for plenty of patience and in most cases, a little bit of common sense. Below you’ll find ways to spot a rookie winter driver – and most importantly, how to avoid looking like one yourself.

 

5 Common Mistakes of Winter Drivers

  1. Speeding: Speeding can get you in trouble anytime of the year. However, speeding in snowy or icy conditions means you’re much more likely to lose control of your vehicle. Driving UNDER the speed limit in inclement weather is smart. Always allow extra time to get to your destination.
  2. Tailgating: It’s never okay to tailgate. You should always allow plenty of distance for stopping, especially in winter months. Patches of ice are not always visible and can impede your ability to stop.
  3. Getting stuck: Never attempt to drive through large bodies of standing water or drifts of snow. For your own safety, recognize when to stay off the road all together. It’s helpful to know current road conditions along your route.
  4. Ice on windows: Driving without full visibility is like driving blindfolded. Always allow time for your car’s defroster to work and always use an ice scraper to clear your windshield ENTIRELY. Don’t forget to clear the snow on your car roof too!
  5. Driving with high beams: No, high beams do not increase your vision during whiteouts or heavy snowfall. Blinding other drivers is the only thing accomplished here. Don’t be THAT driver.

 

Unfortunately, other people’s driving can be just as unpredictable as winter weather. Make sure to stay up to date with the most current weather forecasts and plan accordingly. The National Weather Service is a great resource to use on the go! At Queener Law, we hope everyone stays safe on the road. Contact us when you have questions related to an auto accident. We are always here to help you.

 

WHOA…Stop Right There!

WHOA…Stop Right There!

WHOA…Stop Right There!

You have just been rear ended by a distracted driver. Your injuries are typical with this type of wreck and you seek medical attention. Fast forward a few days, you start to get phone calls from the at-fault driver’s insurance company offering you a check. You just need to sign a release. What do you do? Take the money? The offer is pretty good and the holidays are just right around the corner… Attorney Henry Queener recently took on a seemingly simple case that went downhill fairly quickly. In the beginning, the client felt competent enough to deal with the insurance company on her own. This is a common mistake that we see quite often at Queener Law. Below is just one example of how “representing” yourself can go wrong.

 

Case in Point:

“We recently had a very nice lady call our office for help. She was concerned because the deadline for filing paperwork in the courthouse, also known as a statute of limitations, was only one month away. A heating and air-conditioning company truck had rear ended her at a stoplight. This particular business’s insurance company was offering her $25,000 and was really starting to hound her with phone calls, begging her to take the check. She was starting to feel uneasy. She finally called us wanting to know what her case was worth. Should she just take the $25,000 or hire an attorney? I explained to her that first and foremost, we needed to know the total of all the medical services she has received. She did not know, but she had a guess.

I then asked her who had been paying for the medical care she had been receiving. She told me that the at-fault driver‘s insurance company had used $5000 they had available for medical payments and then her own auto insurance volunteered to use $5000. After that Tricare, which is health insurance for those who have been in the military, and Medicare started paying for her medical care. Boy, was she surprised by what I told her next. I explained that she would have to open an account with both Tricare and Medicare to find out exactly how much they had paid out. By accepting the settlement money from the heating and air-conditioning‘s insurance company (you know, the quick check) she would automatically become obligated to pay Tricare and Medicare back. (Most likely this would eat up the initial offer of $25,000. What about future medical costs, loss of earnings, pain and suffering?)

She then had a dawning of realization. She had been getting letters from Medicare asking about the status of her settlement and did not really understand why she was getting them. Now she understood and it was so clear to her! Medicare was asking about the status of her settlement because Medicare was expecting payment out of her settlement.  I then told her the news is worse than that. Her own auto insurance company did not do her any favors by using its $5000 for medical payments. Under Tennessee law, she has to pay them back too. She would’ve been better off if her auto insurance had never paid anything at all! She began to realize that she should have hired an attorney earlier in the process. AND, this is just the tip of the iceberg. There are several other things that have occurred in her case that are not helpful.

Unfortunately, insurance companies ARE NOT obligated to work together for your best outcome. Furthermore, many insurance agents and insurance adjusters often have a very poor understanding of insurance law and even their own insurance policies. She has now hired us. We are diligently working for our client, so that when her case is settled, it will be her money free and clear.” If you are ever faced with the aftermath of an accident, DO NOT attempt to deal with an insurance company alone. Your job is to focus on your recovery, our job is to deal with the insurance companies. Let Queener Law work for you. Contact us for a free case evaluation.