Ed Smith Blog

Driving in today’s society comes with many distractions. Electronics such as cell phones, navigation systems, advanced audio equipment, television screens, and more have taken over the attention of drivers.

As a result, automobile accidents due to distracted drivers have increased significantly. According to the National Highway Traffic Safety Administration research, “nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured”.

This statistic has brought many states to consider regulations regarding one of the main distractions- cell phones. Looking down to dial a number, becoming engrossed in a conversation, or even worse- texting a message while behind the wheel, all play a major role in creating an inattentive and distracted driver.

In hopes of preventing unnecessary automobile accidents from occurring, a number of states have enacted laws to prevent drivers from using hand held cell phones while operating a vehicle. Currently nineteen states have texting laws for drivers as well.

In 2009, more than 200 distracted driving bills were considered by State legislatures and the legislative activity is expected to remain strong in 2010. The National Highway Traffic Safety Administration has even developed a sample bill to aid states in creating a text banning law.

With many states adopting new cell phone laws, it is important to know your rights. Keep up to date with your own states regulations and be sure to research laws for other states that you might drive in.

Above all, stay safe. Do not put yourself in the position of becoming a distracted and inattentive driver. Using a cell phone while driving not only puts your life in danger but it puts everyone around you at risk too.

Labels: auto accident, colorado personal injury lawyer

The end of November came with a grave announcement for many Colorado drivers. On November 23rd, the state announced the switch from a no-fault jurisdiction to a tort jurisdiction. This changes the dynamic for payment in the event of a car accident and puts the onus on all drivers to protect themselves to the fullest extent of the law.

Under a no-fault system, medical bills, lost wages, pain-and-suffering monies and any other fallout claims would be collected from the injured party’s insurance regardless of fault. But under the new tort jurisdiction, the at-fault party’s insurance is responsible.

This announcement punctuates the need for uninsured/underinsured driver coverage. But many drivers are not aware of what their policy calls for. This may leave some motorists on the hook for hefty bills if they should happen to get into an accident.

This is also a word of warning for underinsured drivers with limited liability coverage. These smaller coverage plans may have worked great under a no-fault system. But one accident that causes long-term injuries can leave you on the hook for thousands of dollars in medical bills that your insurance may or may not cover.

Many drivers have expressed concern that a tort system may cause delays in damage payments after an accident, leaving innocent victims struggling to collect from the at-fault driver’s insurance company. This is where personal injury attorneys can help you. Navigating the insurance minefield is tough enough without changing the whole system around. We can help make sure you don’t get the ‘tort’ end of the stick in the event of an auto accident.

If you or a loved one have been an unfortunate victim of an accident, and live in the Colorado area, contact Ed Smith Law. Edward Smith is an experienced personal injury attorney that knows how to fight for you. Check out his website www.edsmithlaw.com to see the many services offered.

Labels: auto accident, personal injury lawyer, tort