Personal injury attorneys understand the risks associated with medical releases and how they can impact your car accident injury claim. Do you? Sharing all your medical records with your insurance company can jeopardize your case. It’s crucial to only provide the medical records from the hospital and the treating physician who saw you after your accident.
Giving all your medical records to an insurance adjuster can negatively affect your car wreck case for several reasons:
1.Loss of Control Over Your Information: When you provide complete access to your medical records, you lose control over which information the insurance company can see. They may access unrelated medical history that doesn’t pertain to your injury, which could be used against you.
2. Pre-Existing Conditions: Insurance adjusters may scrutinize your entire medical history to find pre-existing conditions or past injuries that could be presented as contributing factors to your current pain or disability. This could reduce the perceived severity of your current injuries and weaken your claim.
3.Exaggeration of Claims: Insurance companies may use your medical history to argue that your injuries are exaggerated or that you have a history of similar complaints, undermining your credibility.
4.Settlement Negotiations: If the insurance company sees information in your records that they can capitalize on, they might offer a lower settlement amount than you deserve, believing that your case is weaker based on the additional medical information.
5. Privacy Issues: Sharing all your medical records raises privacy concerns. There’s a risk that sensitive information could be misused or improperly disclosed, impacting your reputation or personal life.
6. Strategic Disadvantages: The more information the insurance adjuster has, the easier it is for them to develop strategies to minimize liability. It can ultimately give them an upper hand in negotiations.
In short, being cautious about what medical information you share with an insurance adjuster is crucial. It’s wise to consult a personal injury attorney like Henry Queener to navigate this process.
A recent report reveals that drivers and passengers are at risk of injury or death every time they get into a motor vehicle. Those who travel some of the roadways in Tennessee are at an even higher risk. While ease of access is a plus in Nashville and Davidson County, these highways are known to be a significant source of injuries and fatalities, ranking ninth deadliest in the nation. Two of the most dangerous highways in the country run right through the city, and numerous high-risk intersections are in Nashville.
Interstate 40
Interstate 40 is a major east-west highway stretching from North Carolina to California. In Tennessee, this highway is notorious for heavy truck traffic and frequent construction zones, which increase the risk of accidents. The stretch between Memphis and Nashville is particularly hazardous due to its high volume of vehicles and complex interchange systems.
Interstate 24
Running from Chattanooga to Clarksville, Interstate 24 traverses several challenging terrains, including the mountainous areas near Monteagle. These elevations and sharp curves contribute to a higher accident rate, especially in adverse weather conditions. The traffic volume and frequent changes in road conditions make this interstate a high-risk area for drivers.
Winchester Road
Located in Memphis, Winchester Road is a busy thoroughfare known for its high traffic density and frequent accidents. The road’s complex intersections and numerous commercial properties add to the driving hazards. Drivers should be cautious of sudden stops and high-speed vehicles in this area.
State Route 175 SHELBY DRIVE
Shelby Drive, also in Memphis, is notorious for its high accident rate. The road has several intersections and residential areas, leading to unexpected stops and turns. High traffic and frequent pedestrian activity make this route particularly dangerous.
State Route 14
State Route 14, which runs through rural areas of Tennessee, presents unique challenges. The road often has sharp curves and limited visibility, especially in rural or wooded sections. These factors and limited lighting at night contribute to its reputation as a dangerous road.
US Route 129 “TAIL OF THE DRAGON”
The US Route 129 section known as the “Tail of the Dragon” is infamous for its 318 curves in just 11 miles. Located near the North Carolina border, this route is a favorite among motorcyclists and sports car enthusiasts. However, its challenging twists and turns make it a difficult drive, especially for those unfamiliar with the terrain.
Clingmans Dome Road
Clingmans Dome Road is the access route to the highest point in the Great Smoky Mountains National Park. The steep incline and sharp curves make it particularly dangerous, especially during adverse weather conditions. The combination of altitude and winding turns requires extra caution from drivers.
Mounteagle Mountain
Monteagle Mountain, located on Interstate 24, is known for its steep grades and sharp curves. This area has a history of accidents, particularly during winter when ice and snow create hazardous conditions. The mountain’s challenging terrain demands careful driving and adherence to speed limits.
Factors that Contribute to the Dangers of Tennessee Roads
Although a limitless list of factors contributes to the road hazards that make many Tennessee roadways and intersections dangerous, a few tend to stand out above the rest.
Road and Intersection Design
Design defects are common across the nation and play a role in numerous motor vehicle accidents. The crash risk increases when roads have unsafe entrance and exit ramps, poorly placed guardrails, inadequate or missing safety signs and traffic signals, complex curves or slopes, or poor visibility.
Maintenance and Repair:
The lack of adequate maintenance and repair often results in car accidents. Potholes and damaged surfaces, overgrown foliage, road debris, and missing or damaged signs or non-working traffic signals can make road travel dangerous.
Adverse Weather Conditions
Driving in bad weather is risky for all drivers, especially those with limited experience. When roadways are not adequately cleared after heavy snow, ice accumulation, or excessive rainfall, however, the dangers are multiplied.
Driver Behaviors
Some Tennessee roads are more likely to be filled with intoxicated drivers, distracted or tired motorists, or those who perform more risky maneuvers.
If you have been injured on a Tennessee roadway, contact Queener Law for a free consultation.
When a pedestrian is hit by a car, the driver is typically considered at fault, especially if the pedestrian was in a crosswalk or not on the road. However, in some instances, pedestrians can be found partially responsible for the accident if they were not following road rules.
How Fault is Determined?
The person responsible for covering the expenses related to a crash is the one whose careless actions led to the accident. Negligence involves four main elements that can help determine the party at fault:
1. Duty of care: What are the expectations for both parties to ensure each other’s safety?
2. Breach of duty: Which party acted thoughtlessly or recklessly?
3. Causation: Did that thoughtless or reckless action cause injury?
4. Damages: If so, the negligent party can be held responsible.
Using these criteria, our pedestrian accident lawyers assess each case to identify the negligent act that initiated the chain of events. Sometimes, it may be the driver’s negligence, but pedestrians can also behave recklessly.
When a Driver is at Fault?
Any number of negligent behaviors can lead to a collision between a car and a pedestrian, such as:
These behaviors may result in the driver being considered at fault. According to the elements of negligence, many of the above behaviors represent a breach of duty of care. Someone who turned on red without checking a crosswalk, striking a person, was not exercising proper care.
Rideshares increasingly pose risks to pedestrians, especially at pick-up and drop-off locations. Distracted driving plays a particular role in rideshare-pedestrian accidents; drivers are focused on the GPS, rideshare app, or texting, leaving them at fault.
When the Pedestrian is at Fault?
Pedestrians can be responsible for their own negligence, such as:
– Being under the influence
– Being distracted, like texting while walking
– Crossing outside a crosswalk
– Darting into traffic unexpectedly
For instance, if a drunk pedestrian suddenly stumbles into the street, it doesn’t give a driver enough time to stop. Even though the pedestrian was injured, their reckless action caused the accident. According to the Centers for Disease Control and Prevention (CDC), the pedestrian was intoxicated in 33 percent of fatal pedestrian accidents studied.
We Can Help Make Sense of Your Pedestrian Accident
When you contact the team at Queener Law, you will receive a free consultation to ask questions about your pedestrian accident.
During this consultation, we can help you better understand who may be at fault after a car hits a pedestrian and provide advice on pursuing damages. Please feel free to contact our office today for more information.
Después de sufrir un accidente, sabemos que lo último que desea hacer es informarlo a la aseguranza por temor a que aumenten sus tarifas. Quizás esté pensando en el estrés financiero que le espera en el futuro cercano, pero gracias al estatuto de Colorado C.R.S. §10-4-628 las tarifas de su seguro NO PUEDEN aumentar si usted no tiene la culpa.
CRS §10-4-628 estados:
(1) Ningún asegurador cancelará; no renovar; negarse a escribir; reclasificar a un asegurado bajo; reducir la cobertura, a menos que la reducción sea parte de una reducción general en la cobertura presentada ante el comisionado; o aumentar la prima, a menos que el aumento sea parte de un aumento general en las primas presentado ante el comisionado, cualquier póliza que cumpla el solicitante, asegurado, usuario permisivo o cualquier residente del hogar del solicitante o asegurado tiene:
(a) Ha tenido un accidente o accidentes que no son culpa del solicitante asegurado, miembro del hogar o usuario permisivo nombrado.
Supongamos que tuvo un accidente que no fue su culpa y que luego le dejó con más de $100,000 en billes médicos y la parte que lo golpeó tenía límites de lesiones corporales de solo $25,000. Sabemos que $25,000 no son suficientes para pagar sus billes médicos ni para tratar de compensarlo por su trauma, salarios perdidos, facturas, etc. Ahí es donde entrará en acción su cobertura UIM. La protección contra conductores con seguro insuficiente se aplicará si la otra parte no tiene cobertura suficiente para sus pérdidas, por lo que su seguro intervendrá y proporcionará límites adicionales.
¿Qué pasa si la parte que te golpeó no tiene cobertura de seguro? ¿Cómo pagará sus billes médicos? Ahí es donde interviene la cobertura UM. La protección contra conductores sin seguro ofrece cobertura si el conductor culpable no tiene la cobertura de seguro requerida. De esta manera todavía estás protegido.
En Colorado, por ley se requiere tener cobertura UIM/UM en su póliza con límites mínimos de $25,000 por persona, $50,000 por accidente. Sin embargo, si uno decide no participar en esto, puede hacerlo rechazando la cobertura por escrito. Esto es algo que NO recomendamos enfáticamente, ya que es mejor prevenir que lamentar y pagar más para tener una capa adicional de protección por si acaso. Tener cobertura adicional puede parecer una sin chiste ya que uno siempre piensa que estas cosas nunca les pueden pasar a uno, pero agradecerás tenerla si alguna vez te encuentras en la desafortunada situación en la que se tenia que ulitizar los límites de UIM/UM.
After being in an accident, we know the last thing you want to do is report it to the insurance company fearing they will raise your rates. You may be thinking how much of a financial stress is ahead of you in the near future, but thanks to Colorado statute C.R.S. §10-4-628, your insurance rates CANNOT increase if you are not at fault.
C.R.S. 10-4-628 states:
(1) No insurer shall cancel; fail to renew; refuse to write; reclassify an insured under; reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner; or increase the premium for, unless the increase is part of a general increase in premiums filed with the commissioner, any complying policy because the applicant, insured, permissive user, or any resident of the household of the applicant or insured has:
(a) Had an accident or accidents that are not the fault of such named applicant, insured, household member, or permissive user.
Suppose you were in an accident that was not your fault which then left you with over $100,000 in medical bills, and the party that hit you had bodily injury limits of only $25,000. We know that $25,000 is not enough to pay off your medical bills, nor is it enough to try and compensate you for your trauma, lost wages, bills, etc. That is where your UIM coverage will kick in. Underinsured motorist protection is triggered if the other party does not have sufficient coverage for your losses. Then your insurance will step in and provide the additional coverage.
What if the party that hit you does not have insurance coverage? How will you pay for your medical bills? That is where UM coverage steps in. Uninsured motorist protection offers coverage if the at fault driver does not have the required insurance coverage. This way you are still protected.
In Colorado, by law it is required to have UIM/UM coverage on your auto insurance policy with minimum limits of $25,000 per person, $50,000 per accident. However, if one chooses to opt out of this, they may do so by rejecting the coverage in writing. This is something we strongly DO NOT recommend, as it is better to be safe than sorry and pay more to have the extra layer of protection you need just in case. Having the extra coverage can seem silly as we always think these things can never happen to us, but you will be thankful for having it if you ever find yourself in the unfortunate situation where UIM/UM is necessary.
It’s crucial to understand that when dealing with an online dispute process due to injury from a product, your consumer rights and safety may not be adequately represented. If the injury was caused by defects in the product, you may have grounds for a product liability claim, and it’s important to seek the advice of a Product Liability Attorney. Engaging in negotiations solely within the online platform may lead to quick but insufficient settlement offers.
Consumer protection laws and regulations are in place to ensure fair treatment and safety in the marketplace. These laws are enforced by government agencies, which are responsible for holding businesses accountable for any violations, including issues related to product labeling, advertising, and pricing. However, the rise of online selling platforms from different countries has made it easier for businesses to evade oversight, resulting in an increase in faulty products.
Consumer Rights and Safety
When a person is injured or harmed by a product due to defects, they may have grounds for a product liability claim. Emphasizing consumer rights and safety is essential to protecting individuals from harm and ensuring fair treatment in the marketplace. Consumers expect their products to be safe and free from defects that could cause injury or damage, which is why product liability cases are extremely important.
If you have been injured by a faulty product, it is recommended to avoid solely relying on the company’s online dispute process and instead seek the advice of an experienced Product Liability Attorney, such as Henry Queener.
