Who is Liable for Road Debris Accidents?

June 30, 2022

An accident can happen to any motorist, no matter how careful one can be. Particularly road debris accidents, as many can happen in the blink of an eye. And they happen more often than you may think; according to a study by the American Automobile Association (AAA) Foundation for Traffic Safety, road debris causes over 50,000 accidents a year, resulting in more than 9,800 injuries and almost 115 deaths annually. Two-thirds of all these types of accidents coincidently happen because of unsecured objects falling off a vehicle.

Road debris consists of any object that is left in the road and is hazardous to drivers, regardless of if it was intentionally or not. A collision with road debris can lead to catastrophic damage and injury should a driver fail to navigate around it safely. However, determining who is liable for such an accident can be quite difficult. If you are unable to, you may have to use your own insurance policy to cover any damages or injuries you sustain.

What is Unavoidable Road Debris?

There are certain debris that insurance companies and police reports will consider as unavoidable. Flying debris, like rocks coming off a moving construction vehicle in front of you, is considered “unavoidable debris,” meaning the driver had little to no time to react accordingly and attempt to avoid it.

In ideal situations, the driver of the vehicle whose debris caused an accident would realize the incident occurred, and pull over. There, they would collect whatever fell off their vehicle safely and exchange insurance and contact information with whomever was affected by their unavoidable debris. Then the accident victim could recover any damages that are necessary, such as medical bills or car repair bills, and file a claim with the at-fault driver’s insurance company.

There are situations where the at-fault driver is unaware of what fell off their car, and if an accident happened as a result of their debris, or they do know but leave the scene of the accident anyway. At this point, the accident victim may need to find witnesses or any security footage to pinpoint who or what caused the flying debris, which is necessary to file an insurance claim with an at-fault driver.

If you are unable to find any eyewitnesses or video, then you may have to file a comprehensive claim through your own insurance company to have your damages covered.

Whether you are able to contact the at-fault driver or not, it is a good idea to contact the police and file a report. Some states even require it if you are in a single car accident and the damages are over a certain amount.

A police report is vital to have because it will contain details of your accident, such as the make and model of the at-fault driver’s vehicle and any witness statements. More importantly, the police report will detail whether the object that hit your vehicle was unavoidable or not, as well as if the at-fault driver fled the scene of the accident. The police report will be necessary when filing an insurance claim.

What is Avoidable Road Debris?

On the other hand, there is road debris that police or insurance companies would consider “avoidable,” meaning that the object was in the road and the driver who collided with the object had enough time to avoid it. Every driver must be in control of their own vehicle. So even if debris flew off a truck and landed on the road long before the collision occurred, drivers have a “duty of care” to avoid the object safely and to the best of their ability.

An insurance company will likely consider you to be the at-fault driver if you hit an avoidable object in the road. To recover any damages to your vehicle, you would likely have to file an insurance claim with your own insurance company, where your premiums will likely be raised. Your car insurance may have medical payments coverage should you be injured by the accident as well.

Should you swerve to avoid hitting an object but cause an accident instead, say, with the vehicle next to you or you hit a guardrail, then you would still be considered the at-fault driver in the eyes of the insurance company.

There are exceptions should you hit an avoidable object, such as a traffic cone that was misplaced by a construction company and should not have been there. In this scenario, the construction company may be held liable for your accident.

Another example that would be considered an exception is if the government is held liable for an accident. If an object was left in the highway that is under the care of the government, and they had ample time and awareness to remove the object but failed to do so, then the government can be held liable for causing the accident. Filing a claim against the government will be difficult, and will likely require the help of an accident lawyer.

How to Avoid a Road Debris Accident?

Road debris accidents are a common occurrence, but there are ways to prevent them from happening:

• Defensive driving: Driving defensively often gives you enough time to react to an object in the road, or if you need to perform an emergency maneuver. Do not tailgate others, and leave enough room between yourself and others to get a good view of the road. If you see an object in the road, slow down to avoid it as best and as safely as possible.
• Performing vehicle maintenance: Many times, road debris comes vehicle that was not maintained well. Tires can blowout when worn badly, when they are underinflated, and even when they are overinflated. Large commercial trucks often leave blown-out tires in the roadway, creating obstacles for other drivers. Rusted exhaust systems and suspension components can also break loose and fly off a vehicle, so it is important to always keep your vehicle well-maintained.
• Securing cargo: If you have to travel with a large object, either on top of your vehicle or by towing it, tie it down securely with rope, straps, or netting. Double check that it is secure before moving, and make sure it is tight against the vehicle if it is on the roof so no air can get under it. Finally, do not overload the vehicle, as too much weight can drastically affect the handling of the car.

The Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Drivers Injured by Road Debris

If you have been injured by road debris, whether you know who is liable for the accident or not, then contact our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. right away. Call us today at 302-656-5445 or fill out our online form for a free consultation. With offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

June is National PTSD Awareness Month

June 24, 2022

Classified as a serious psychological disorder, post-traumatic stress disorder (PTSD) affects those that experience severe and often traumatic events such as the devastation of war or a natural disaster. A car accident also can be so unnerving that the crash victim experiences PTSD symptoms long after the event itself. We observe June as National PTSD Awareness Month, where we raise recognize the symptoms of PTSD and how to get treated for this mental disorder that can affect anyone at any age.

PTSD can happen after you experience or witness a trauma and derives itself from how your mind reacts to that trauma. A car accident is just one of many impacting events that can cause PTSD. PTSD can be triggered by the sudden violence of an event, like a car crash, as well as the injuries you may suffer as a result. Other examples include physical or sexual assault, a near-death experience, or another life-threatening event. When someone suffers PTSD following a car accident, they could be compensated for it through an accident claim with the help of a car accident lawyer.

There are many symptoms for PTSD that differ with each person, such as:

• Anger: Anger can come in many forms, whereas people who suffer from PTSD may struggle with anger differently. Lashing out can occur and can be triggered by an event either similar to the trauma they experienced, or it could not.
• Anxiety: Similar to flashbacks, anxiety can occur when the trauma victim replays the moment over and over and struggles to think about anything else. They may wonder how they could have prevented the accident or if there is someone to blame, overthinking the event to perhaps the point of obsession. Anxiety can exist with depression, and can increase by going out in public, being around others, or simply occur without any obvious trigger.
• Avoidance: This PTSD symptom occurs when the individual who suffered the traumatic event begins to avoid people or places that simply remind them of the trauma. A person who almost drowned may never want to be near the ocean or even a pool again, or a person who suffered sexual abuse at a young age may continue to feel threatened by the presence of older males.
• Depression: Depression is another key symptom of PTSD, and it can occur immediately or long after the traumatic event. Feelings of hopelessness and sadness would interfere with a person’s daily life and may even hinder them from performing basic tasks such as showering or eating. A person with PTSD may suffer from depression and close themselves off from loved ones and the outside world.
• Flashbacks: Flashbacks occur when you relive a traumatic event over and over, either while awake or through a nightmare. This is when the person who suffered the trauma experiences the event the same way they did originally. This can happen on its own or is triggered by a similar event, such as a loud bang reminding the person of a traumatic car crash.
• Hyper-vigilance: An individual with hyper-vigilance symptoms may focus on similar events around them in an obsessive manner; for instance, someone who suffered a car accident may try to pay attention to every car on the road as to make sure they never suffer a car accident again.
• Sleep issues: Someone who suffers from PTSD may find themselves having sleep issues; either sleeping too much in order to avoid interacting with others or not sleeping at all. They could also suffer from nightmares that relive the trauma and can cause anxiety, making it difficult to get rest.
• Suicidal thoughts: People who suffer from PTSD may experience suicidal thoughts or may contemplate suicide. The symptoms of PTSD, such as the depression or anxiety, or the flashbacks may occur so frequently, that it may be too much for the individual to bare. They may also feel that no one cares about them or that their PTSD is too much of a burden for others.

How to Treat PTSD?

PTSD is not new to the mental health community. Discussions about PTSD have increased over the past century or so, particularly after wartime like WWI and WWII, when it was commonly known as “shell shock” or “battle fatigue”. It began being referred to as PTSD in the 1970s during the Vietnam War.

Back then, treating PTSD consisted of painful methods like electric shock therapy. Now, counseling, prescription medications, and other therapies have been proven through extensive research to help manage PTSD:

• Medication: Medication may be prescribed to help treat the symptoms of PTSD, not necessarily to cure PTSD. Antidepressants and anti-anxiety medication can help a PTSD victim sleep better, can help reduce symptoms of depression and anxiety, and can help the victim deal with situations they normally would avoid. Medication combined with counselling can help victims of PTSD begin to heal.
• Cognitive Processing Therapy (CPT): This type of therapy involves a therapist working with the victim’s negative thoughts and feelings that seem to be feeding into the PTSD and attempts to reverse them into something positive. Through cognitive processing therapy, the victim may be able to cope with the trauma better, while also identifying the root cause of the negative feelings.
• Prolonged exposure therapy: Through this type of therapy, the therapist works with the PTSD by bringing up similar events to their trauma but in a more controlled manner. The therapist counsels the victim in hopes of changing their perception of the event, that there may have been some positives that occurred, or focusing on other individuals who have been helping the victim.
• Group therapy: Through group therapy, the PTSD victim can discuss their trauma with others who have experienced a similar event and they could feel safe and comfortable doing so. This experience can help the victim by getting their true emotions out in the open without having to feel like they are burdening their friends or loved ones.
• Animal therapy: Animals, such as dogs, can receive specialized training that can help treat PTSD in victims by offering them safer and judgement-free interactions. Animals can also be trained to recognize situations such as a flashback before they occur and may be able to warn the victim of PTSD.

The Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Accident Victims Suffering from PTSD

If you have been involved in a car accident and are suffering from PTSD, then contact our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A. immediately. Our knowledgeable team has years of experience with these types of cases and can help. Call us today at 302-656-5445 or fill out our online form for a free consultation. With offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

How to Choose a Car Accident Lawyer?

June 15, 2022

Car accidents are traumatic enough, especially if you sustain injuries. But dealing with insurance companies alone just adds to the trauma you have already suffered. A Car accident Lawyer are personal injury lawyers who specialize in automobile accidents and insurance laws and regulations.

While is not a requirement to hire an attorney for your case, your chances of obtaining appropriate compensation will be greatly reduced without legal representation. Instead, the insurance company will most likely offer the minimum payout. Auto accident attorneys are seasoned in handling insurance companies and their tactics to avoid payouts, even in cases with serious injuries.

Consulting an attorney is crucial if you sustained injuries as a result of another driver’s negligence. Serious injuries can result in lifelong complications or disabilities with skyrocketing medical costs and loss of income for you and your family.

You can hire an attorney at any point during your case before the settlement, but it is best if you consult an attorney as soon as possible following the accident, especially if there are injuries. They are skilled in handling insurance companies and having legal representation to speak for you prevents you from unknowingly stating something to the insurance company that could damage your case and the settlement offer.

What Should I Consider When Looking for an Attorney?

When choosing an attorney to represent you, there are many important factors to consider. In order to find a lawyer, you feel most comfortable and confident about, you will need to do a little upfront research and interview potential candidates during your initial consultation. Consider the following when searching for the best attorney for your case:

• Experience: There are a few different specialties under the umbrella of personal injury attorneys, such as workers’ compensation, class action suits, and car accidents. For your case, focus on those who specialize in car accidents with a breadth of experience, who have taken cases all the way to trial, and who have a successful track record of winning settlements and judgements for their clients.
• Cost: Most personal injury attorneys work on a contingency basis, meaning they do not get paid until your case is won and you receive a settlement. Carefully review the fee agreement to understand the structure and what costs you will be expected to cover.
• Communication: This will be obvious when you speak with potential attorneys on the phone or during the initial consultation. Does the attorney speak with you using easy-to-understand terms and explanations, or legal jargon that you find confusing? You will likely be working with the attorney you choose for many weeks, months, or longer, and you need to be able to communicate clearly and freely with them. Additionally, ask how the attorney prefers to communicate when not in-person, such as phone calls or emails.
• Reputation: Lawyers and law firms are built on reputation and the legal community and insurance companies are well aware of those with proven track records of success, as well as those who don’t. You want a lawyer and law firm experienced in negotiation and litigation with insurance companies, as an attorney with a substandard record can negatively impact the amount of compensation you may receive, especially if the insurance company is aware of the lawyer’s weak points. Research online, question friends or acquaintances who hired the firm, customer reviews, awards won, bar association memberships, and related news stories featuring the lawyer or firm. Research what other attorneys say about them and the percentage of referrals they receive – the higher the better.
• Professional team: Car accident lawsuits can be complex and involve investigations, witness interviews, expert witnesses, accident scene reconstruction, and more. You will want to hire an attorney who has the staff and resources to adequately handle your case and assist and communicate with you.
• Representation: Be sure to confirm who will be representing you. It is not uncommon that new clients may be passed on to another attorney to ultimately represent you, not the one you are speaking with during the initial consultation, especially if the firm is large. Ask who will be representing you and, if you feel comfortable with the attorney you are speaking with, request for them to specifically represent you.

One of the biggest challenges in selecting the right attorney is narrowing the field, particularly in high population areas with thousands of lawyers. Websites such as Nolo.com and AllLaw.com are great resources that offer free legal information and directories of attorneys to help you compile a list.

Once you have compiled a list of potential candidates, make a list of questions to ask during the initial consultation and bring copies of all relevant documents, such as the police report, medical records and bills, pay stubs for proof of income, and any communication you have received from your insurance company and the other driver’s. If you plan to meet with several attorneys, make multiple copies of this information so each can retain a copy to review after the consultation to determine if they will take your case.

Does the Lawyer Have to Take My Case?

One key element to remember when selecting an attorney or firm is that they must also agree to take your case. As previously mentioned, most personal injury lawyers work on contingency and receive a percentage of the damages you recover. If the settlement you are likely to receive is low, most attorneys will not accept the case.

The cost of operating a law firm and the potential resources involved in car accident cases are high, it is not economically sound for an attorney to take a low-paying case. Though some attorneys who forgo working on the entire claim may be willing to advise you on parts of the claim and you would pay their hourly rate for those services.

A low settlement is not the only reason an attorney may decline to represent you. Even in cases involving serious injuries and the potential for higher compensation, the attorney may pass if he feels your chances of winning the full compensation amount is low. This is typical in situations where you may be partially or largely responsible for the accident, proving fault is difficult, or the at-fault defendant has little or no insurance.

Sometimes an attorney is just not a “good fit.” While you are interviewing the attorney to find the one you are most comfortable with, they are doing the same. If the attorney feels your personalities seem to clash, they may choose to decline the case, even if you do not feel the same. Personal injury cases take a long time to complete; you want to work with an attorney you get along with and one who also wants to work with you.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Represent Clients Injured in Motor Vehicle Accidents

If you have been injured in a car accident by a negligent driver, our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A. are available to help you recover compensation you may be entitled to. Call us today at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware. We represent clients in Dover, New Castle County, Sussex County, and throughout Delaware.

How to Drive Safely During Memorial Day Weekend?

May 18, 2022

Memorial Day holiday travel may be especially busy this year. National auto insurer AAA reports that hotel bookings are about double what they were a year ago, which means many more motorists driving to holiday destinations.

Data from the National Highway Traffic and Safety Commission (NHTSA)  says Memorial Day weekend is the deadliest of all holidays. NHTSA averaged the total deaths per holiday over a three day period over a number of years and determined that the deadliest driving holidays and their respective average number of deaths are:

1. Memorial Day – 448 deaths.
2. Labor Day – 445 deaths.
3. Independence Day – 440 deaths.
4. Father’s Day – 431 deaths.
5. Cinco de Mayo – 419 deaths.

The National Safety Council (NSC) predicts up to 500 deaths and about 48,000 injuries due to car accidents over the Memorial Day weekend this year. The NSC says the holiday weekend starts at 6 p.m. on Friday, May 27, and concludes at 11:59 p.m. on Monday, May 30.

With Memorial Day weekend posing significant risks to the safety of drivers and their passengers, the following tips should help you to drive safely if you intend to travel far to celebrate the holiday and the unofficial start of summer.

Ensure Your Vehicle is Safe to Drive

Your vehicle must be in good running condition for your travels to be as safe as possible. Tires and brakes are especially important to ensure good traction and safe stops.

You should inspect the tires and make sure they are at the suggested air pressures and have good tread for traction. If the wheels and tires are due for a balance and rotation service, you could do that prior to the holiday weekend to help make the ride better in all kinds of weather.

You should check to ensure the brake pads are in good condition and have plenty of friction material to stop safely. Installing new brake pads and bleeding the brake lines as needed will help you to keep your vehicle under control and come to safe stops.

You should replace the wiper blades if they are worn and fill the washer fluid reservoir, which will help to keep your vision clear while driving in the rain and wipe away any debris that might cling to the windshield.

Make sure all of your lights and turn signals are working. If any are faulty, you should replace them as needed to make sure other drivers can see you and you can see the road at night.

Wear Seatbelts and Secure Small Children

The NSC says drivers and passengers significantly can reduce their chances of dying in an accident by wearing a seatbelt. Buckling up can cut the odds of a deadly accident in half and help to prevent serious injuries to your or your passengers.

If you intend to travel with small children aboard, you should install a child safety seat for each one. The seat needs to be installed properly to protect the child, and you need to secure the child correctly for child safety seats to work as intended.

You might have to switch off the passenger airbag to prevent injury to small children or elderly adults. A small child does not have the neck strength to safely withstand the blow delivered by airbag deployment. The same goes for many elderly adults who might be smaller in stature.

It also is important for drivers to turn off their cellphones and limit potential distractions. That will help to prevent distracted driving that is a significant factor in accidents. Any passengers that you might have with you can handle any incoming or outgoing phone calls or messages that need to be addressed.

Expect Delays and Give Yourself More Time

Lots of people will be driving an hour or more to reach their holiday destinations. If you are among them, you should expect the trip to take much longer than normal.

With construction season underway, many popular routes will be affected by orange cones and slow-moving traffic. That will slow down traffic even while the road crews are off for the holiday weekend.

You could plan ahead by searching online for road construction reports and learn where construction zones are located along your intended route. You might plan alternate routes around the construction zones to avoid them.

There is no reason to hurry during a holiday. Your destination always will be there and arriving later than planned should cause no harm.

No Drinking and Driving

The most obvious way to improve safety over Memorial Day weekend is to avoid drinking and driving. The NSC shows that alcohol-impaired drivers account for about 38 percent of all accident fatalities on Memorial Day weekend.

By comparison, drunk driving accounts for about 28 percent of road fatalities on non-holiday weekends. So drinking and driving is an especially significant factor in traffic accidents, injuries, and deaths throughout Memorial Day weekend.

You certainly are allowed to enjoy adult beverages while celebrating the holiday. But you should do so only when you are at a location where you will be long enough to sober up and drive safely.

If you plan to go to any bars or attend parties or other gatherings where alcohol is served, you should have a designated driver. A taxicab or ride-hailing service also is a good alternative to drinking and driving.

Plan Some Downtime Into the Holiday Weekend

A busy holiday weekend could leave you feeling fatigued. Fatigued driving is very dangerous and could cause you to make driving errors that you would not while more alert.

If you spend a significant amount of time in the hot sun or are on the go from morning until night throughout the holiday, you could become very fatigued. A fatigued driver is a potential danger and especially prone to error while driving.

You need to make sure that you can get a good night’s sleep each evening and take some breaks during the day. If you try to stay busy throughout the weekend, you likely will be very tired while driving home. That could become very dangerous – especially if you drive while drowsy and cannot focus.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A., Help Accident Survivors

The experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A., can help you to hold negligent drivers liable for damages and injuries. You can call 302-656-5445 or contact us online to schedule a free consultation are our law offices in Wilmington and Millsboro, Delaware. Our clients generally are located in Dover, New Castle County, Sussex County, and throughout Delaware.

How Reliable Are Pedestrian Detection Systems?

May 6, 2022

Pedestrian-vehicle accidents can result in the worst injuries, and even cause fatalities. According to the latest information available from the Centers for Disease Control and Prevention (CDC), pedestrians are 1.5 times more apt to be killed during collisions than car passengers. As of 2017, nearly 6,000 pedestrians were fatally hurt during vehicle crashes. Approximately another 137,000 pedestrians required medical treatment.

Knowing these statistics, car manufacturers have invested in the creation and deployment of pedestrian detection systems. The basic scientific premise behind the systems is sound: pedestrian detection systems serve as “second eyes” for drivers. This means they can alert drivers to pedestrians and, when paired with automatic emergency braking (AEB), help avoid a pedestrian-vehicle accident.

But do pedestrian detection systems work? By and large, yes. However, recent evidence shows that even the most advanced systems do not relinquish drivers from their primary responsibilities.

What Should You Know about Pedestrian Detection Systems?

If you have shopped for a new car in the past few years, you may have test-driven cars equipped with pedestrian detection systems. Many car models make pedestrian detection systems standard. Others offer them as an upgrade.

The concept behind pedestrian detection systems is sound. Using radar, lidar, cameras, or any combination of those three detection methods, the system can “spot” objects including pedestrians. Once an object in the path of a car has been spotted, the system will alert the driver, initiate AEB, and, if all goes well, stop an accident from occurring.

What Does Research Indicate About Pedestrian Detection Systems?

Organizations including the Insurance Institute for Highway Safety (IIHS) and AAA have put pedestrian detection systems through tests year after year. In general, the findings are positive.

Real-world data culled by the IIHS indicates that pedestrian detection systems reduce crash incidents by around 27%. However, as both IIHS and AAA have noted, pedestrian detection systems are not perfect, especially when used in nighttime situations.

Test after test has revealed that once the sun goes down, pedestrian detection systems are unreliable even with all detection methods in place. Why does this make a huge difference? Approximately three-quarters of fatal pedestrian-vehicle accidents happen at night. Equally as concerning, pedestrian detection systems do not work when a vehicle is turning.

Should You Buy a Car with a Pedestrian Detection System?

When looking for a car, you may wonder if a pedestrian detection system is worth the investment. Generally speaking, they are. If your pedestrian detection system helps you slow down just a little, you could avoid getting into a catastrophic accident with a pedestrian.

Of course, even with a pedestrian detection system, you will want to make sure you remain focused on driving. Distracted driving is a leading cause behind all types of accidents, including ones with pedestrians. Therefore, your best course of action is to concentrate on the road, stay within speed limits, and always be on the lookout for pedestrians.

What If I Am a Pedestrian Who Has Been Hurt in a Crash?

Pedestrians who are struck by vehicles are defenseless against the force of the collision. If you are hit by a car, even if the car slows down with the assistance of a pedestrian detection system, you are likely to need immediate and possibly ongoing emergency medical treatment.

Before accepting any money from the at-fault driver’s insurance carrier, consider talking with a car accident lawyer to help you understand your rights as a pedestrian-vehicle accident survivor.

Injured Pedestrians Turn to Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. to Recover Fair Damages

Were you hit by a car while walking or jogging? Make an appointment to meet one of our Delaware car accident lawyers from Jacobs & Crumplar, P.A. Call (302) 656-5445 or fill out our online form to set up a free initial consultation in Millsboro or Wilmington, Delaware. We cover car accident cases in areas including Dover, New Castle County, and Sussex County, as well as around the state.

How Do I Safely Drive Through a Roundabout?

April 30, 2022

Road engineers are coming up with new and innovative ways to improve driver safety while keeping traffic congestion at a minimum. Although roundabouts have been seen mostly on European roads, communities in the United States are beginning to implement them as towns become more and more populated. Because of the rise of roundabouts, it is good idea to know how to safely navigate them:

• Slow down: When approaching a roundabout, lower your speed.
• Choose your lane: If the roundabout has multiple lanes, you need to decide which to use before entering, which generally depends on where you are turning. For example, if you must turn on the second exit, use the outside lane.
• Yield: Before entering the roundabout, be sure to yield to those already in it. Once you are in the circle, you now have the right-of-way over those waiting to enter. Stay in your own lane if using a multi-lane roundabout.
• Pedestrians and bicyclists: As a driver, always yield to pedestrians and bicyclists. Bicyclists can treat the lanes like drivers, unless they are walking with the bike, in which event they should use the sidewalks instead.
• Counter-clockwise: Always turn right when entering a roundabout and proceed in a counter-clockwise direction. Never attempt to shortcut and go left under any circumstances. Stay in the roundabout until you reach your exit and use your right turn signal before exiting while watching for pedestrians crossing.
• Do not pass trucks: Always yield to oncoming trucks and larger vehicles and allow them to use both lanes if they need.
• Emergency vehicles: Allow emergency vehicles to pass you or exit the roundabout and pull over, giving them room to pass.

The Benefits of Roundabouts

Because there are not many roundabouts presently in our area, the common thought misconception is that they are more dangerous from the conventional intersection. That is simply not true. In fact:

• According to recent studies, roundabouts reduce the chances of an accident by 37 percent.
• The same studies show that there is a 75% decrease in injuries.
• Eliminate speeding because of the posted speed limit, the nature of having to slow down to enter the circle, as well as forcing cars to slow down in order to yield to others in the roundabout.
• Reduces the risk of speeding, T-bone collisions or head-on collisions.
• Roundabouts increase visibility for drivers, as they can plainly see what is coming, and eliminates the need to make a left turn across an intersection, which is one of the deadlier maneuvers to make.
• Roundabouts ease traffic congestion all while increasing capacity by almost 50 percent.

Even with all the safety benefits, there is a possibility that car accidents can occur in a roundabout. Perhaps because of unfamiliarity, some common roundabout mistakes include:

• Failing to yield to vehicles already in the roundabout.
• Driving too fast or failing to slow down when approaching the entrance of a roundabout.
• Stopping suddenly within the roundabout suddenly, leading to a rear end accident.
• Using the wrong lane when exiting the roundabout.
• Cutting in front of others, changing lanes without warning.

Should you get into an accident in a roundabout, you may need to speak to a lawyer because of the complexity of the circumstances. Roundabout accidents may be difficult to prove who or what is at fault and having the best legal advice can only help your situation.

The Delaware Personal Injury Lawyers at Jacobs & Crumplar, P.A. Help Those Injured in Roundabout Accidents

Delaware is beginning to see more and more roundabouts implemented on its roadways, so it is wise to know how to drive through them safely. However, accidents do happen, especially if someone is reckless or negligent. If you have been injured in an accident, call the Delaware personal injury lawyers at Jacobs & Crumplar, P.A. immediately. Our knowledgeable team has years of experience with these types of cases and can help you get the compensation you rightfully deserve. Call us today at 302-656-5445 or fill out our online form for a free consultation. With our offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

Who Pays for Damages in Work-Related Car Accidents?

April 28, 2022

There are thousands of Delaware workers who are required to drive an employer-owned vehicle. Every day on our roads and highways, there will be hundreds and hundreds of employer-owned vehicles being driven by employees while on the clock. With this number of employer-owned vehicles on the roads at any given time, some are bound to be involved in car accidents. Most people understand that if you are hurt at work because of a slip and fall, lifting injury, tripping and twisting your ankle or your knee, or something more serious, then workers’ compensation would cover those injuries. But what happens when you are driving in an employer-owned vehicle and the negligent driver crashes into you? Who is going to be responsible for your medical bills? Who will be responsible for your wage loss if you are seriously injured and unable to work? These are the questions that will be addressed in this piece to help injured workers figure out what they should do if they were in a work-related automobile accident.

Who Are the Various Parties Involved?

A work-related car crash can get pretty complicated. This is one reason why you should have a lawyer who focuses their practice on representing workers’ compensation cases as well as vehicle crashes. Many insurance companies are involved with several potentially at-fault entities in a work-related car accident.

If the car crash was not your fault and it was caused by a negligent driver, then you have that driver’s auto insurance company that you have to add to the complications. Then, the vehicle that you were driving in that is owned by the employer should have a commercial automobile insurance policy. Then, because the accident happened while you were on the clock and working while driving your employer’s vehicle, the employer’s workers’ compensation insurance company also has to be calculated. As you could see, there are several insurance companies that need to be dealt with and all of them might have some responsibility in paying compensation or benefits for your injuries.

Worker’s Compensation Insurance

With every work-related injury, your employer’s workers’ comp insurance company is responsible to pay your medical bills as well as any wage loss benefits that you suffer. But that is it. You are not entitled to receive any kind of compensation for pain and suffering, loss of life’s pleasures, or lost earning capacity going into the future, assuming that you have a permanent disability. If the vehicle crash was caused by the negligence of another driver, your workers comp insurance company will still pay for those benefits, wage loss and medical bills.

Negligent Driver’s Liability Insurance Policy

If the other driver was truly at fault in the accident, then you can go after their liability insurance coverage. This would be similar to a standard car accident personal injury case.  Under those circumstances, you can seek the normal compensation such as wage loss, unpaid medical bills, compensation for pain and suffering, compensation for loss of life’s pleasures, and any other out-of-pocket expenses or damages that have not yet been covered by another insurance company. Also, if you are married, your spouse can file a claim for loss of consortium and also receive compensation.

The law, however, does not allow you to “double dip” on wage loss and medical bills. If it is a work-related auto accident, the workers’ comp insurance company has already paid those benefits. Therefore, if you receive any wage loss or medical benefits from the at-fault insurance company, you will have to pay back the workers’ compensation insurance company for those monies. You would not have to pay back any portion of the settlement or jury award that was designed to compensate you for pain and suffering though. Those money damages are yours alone.

If for some reason there was not enough insurance coverage on the at-fault driver’s policy, you could potentially go after your employer’s automobile insurance coverage, assuming that they purchased the right type of coverage. If they have uninsured driver coverage, or underinsurance coverage on the company vehicle, then it is potentially available to you assuming that the at-fault driver was either uninsured and had no insurance on their vehicle or was underinsured and did not have enough insurance to cover the extent of your injuries.

What Can a Lawyer Do for You?

This is the type of case that you should not try to handle yourself. There are too many insurance companies involved, with too many adjusters, and too many ways to make a mistake if you try to do this yourself. Hiring the right lawyer can assure that they will know both automobile law and personal injury law, as well as know how to deal with the worker’s compensation system in Delaware. The law firm that you pick should have handled dozens and dozens of these types of cases over the years. If not, you are risking not being fully fairly compensated for your injuries.

The Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Focus Their Practice On Helping Employees Seriously Injured in Work-Related Car Crashes

Picking the right law firm is very important in the success of your case. You need a law firm that has the knowledge, skills, and resources to fight for your rights. The Delaware car accident lawyers at Jacobs & Crumplar, P.S. knows what it takes to successfully represent seriously injured work-related car accident victims. With offices in Millsboro and Wilmington, we serve clients in Dover, New Castle County, and Sussex County. Contact us online or call us at 302-656-5445 to schedule a free consultation.

Who is Liable for a Parking Lot Accident?

April 18, 2022

Parking lots can be busy, and sometimes confusing to navigate. You must. pay close attention to other vehicles, pedestrians, and workers in close proximity. Many vehicles are backing into and out of parking spaces. Those vehicles are often surrounded by stationary vehicles blocking the driver’s view. Backing out with a limited view of the parking lot can add to the potential for a parking lot accident.

A parking lot accident could happen no matter how careful you are. The following could help you to better understand what to do if you become a survivor of a parking lot accident.

Common Types of Damages Due to Parking Lot Accidents

The silver lining of parking lot accidents is that they usually happen at very low speeds compared to road-going accidents. But even low-speed accidents can cause damage and serious injuries.

Parking lot accidents also can catch you off-guard and unprepared. When parking lot accidents happen, damages occur. Commonly occurring damages include:

• Lost income and out-of-pocket costs
• Medical costs and physical therapy
• Pain and suffering
• Property damage

Property damage is the most obvious result of a parking lot accident that involves two or more vehicles. It is possible to total a car in a parking lot accident.

If the cost to repair the damage is more than the vehicle is worth, an auto insurer would total it. When an insurer declares a vehicle to be a total loss, the owner usually gets a settlement amount based on the current market value as determined by an insurance adjuster.

A parking lot accident might cause you to suffer injuries that require time away from work. That time away from work represents lost income. And you can file claims for lost income and similar out-of-pocket costs, like renting a vehicle.

Medical costs could run high, especially if you need to take a trip to the emergency room. If an ambulance takes you to the hospital, the cost could be high.

Anything that your health insurance does not cover would count as damages caused by the accident. So would any pain and suffering that you might experience due to the accident.

Common Types of Parking Lot Accidents

Parking lot accidents can include head-on collisions and rear-end collisions, like road-going accidents. The different layout of a parking lot may mean an accident happens when two cars back into each other, or a car exiting a parking space T-bones another vehicle while it is passing by.

A single-vehicle accident might happen if you back into a light pole or another object. Sideswipes, fender-benders, and other relatively minor collisions could occur. But they all can cause a significant amount of damage.

And vehicles very easily could collide with pedestrians. That could cause very serious and potentially life-threatening injuries. Parking lots are paved and have many solid objects.

A pedestrian who is struck by a vehicle could suffer a head injury or another type of serious injury. If the pedestrian is very young or very old, being struck by a vehicle at low speeds could be deadly.

Many Factors Might Affect Fault

Parking lots are private property, so normal traffic laws do not apply. Any traffic controls that you see are merely suggestions, not lawful traffic controls. That includes any stop signs or lane markings that you see.

But just because there are no traffic signals does not mean you can ignore common sense and drive unreasonably. A judge likely would rule that a reasonable person would abide by the various traffic controls placed in a parking lot to improve safety. Someone who ignores traffic controls might be deemed to have driven negligently. That would make that driver liable for damages.

One of the most dangerous things you can do in a parking lot is to drive across the designated parking spots. Doing so could block another driver’s view of your vehicle, leading to an accident.

Most drivers cut across parking lanes when there obviously are no vehicles in the immediate vicinity. But some drivers will do so where other vehicles are parked. That can increase the odds of an accident. A motorist who drives against the parking lot layout may be declared to have caused any resulting accident, as would someone who drives at an excessively high rate of speed.

Possible Third-Party Liability

The owners of the parking lot also might be liable for causing an accident. Poor maintenance of the parking facilities might make it more dangerous for motorists.

A parking lot might be especially dark due to lights that are burned out. Damaged pavement might force drivers to veer out of their traffic lane and hit another vehicle. Ice buildup might cause a vehicle to lose traction and hit other vehicles.

The owners of parking lots might negligently maintain the premises. If a condition that should not exist causes a parking lot accident, the owner or any vendors in charge of maintaining the parking area might be found liable.

Filing Your Accident Claims

If you are involved in a parking lot accident that you did not cause, some simple steps might help to hold the at-fault driver accountable. It starts with exchanging insurance and contact information with the other driver.

You should take some photos of the accident scene and the damage to both vehicles. If any witnesses are willing to go on the record, you should obtain their contact information.

Many parking lots have video cameras. Footage of the accident could help to determine which driver caused the accident.

Because parking lot accidents happen on private property, the police are unlikely to get involved. So you will have to compile your own accident report and provide supporting evidence when filing an insurance claim.

If the other motorist falsely accuses you of causing the accident, an experienced car accident lawyer could help to prove the other driver caused the accident.

Delaware car accident lawyers at Jacobs & Crumplar, P.A.

If you recently survived a parking lot accident, our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A., can help. You can call 302-656-5445 or contact us online to schedule a free consultation at one of our law offices in Wilmington and Millsboro, Delaware. We represent clients in Dover, New Castle County, Sussex County, and throughout Delaware.

What Safety Driving Tips Should I Follow on Easter Weekend?

April 5, 2022

Easter is a very popular holiday in Delaware and the rest of the nation. It always falls on a Sunday, which means many people have the day off of work.

Easter Sunday arrives on April 17 and includes many festivities, for those who observe this religious holiday. From church-going to Easter egg hunts and family gatherings, many people will be on the road. Some Easter travel might just be around town. But many people travel significant distances to celebrate with family.

If you are making plans to travel this Easter, you might wonder how to stay safe on the roads during the holiday weekend. Here are some useful tips that will help you to do that.

Plan Your Trip Before Leaving

You do not want to over-schedule Easter weekend. If you have a lot of activities planned, you just might be expecting too much of yourself. This is especially true if you plan to enjoy alcoholic drinks or other intoxicating substances during the holiday weekend.

If you do try to accomplish too much over the weekend, you run the risk of tiring out. A tired driver is a potentially dangerous driver. It helps to plan your weekend with breaks allowing for rest and some time-flexibility.

The planning should include the route you will take if you are traveling far. You should include some rest breaks that will help you to keep focused on the road while driving. It also can help to build in plenty enough time to allow for delays in getting to the destination.

Prepare Your Vehicle for Safe Travel

Whether you travel alone or with the entire family, you should prepare your vehicle for safe travels. A few of the most important tasks for preparing your vehicle for a road trip:

• Brake inspection: You want the brakes to respond appropriately when you need to use them.
• Wheel balance and rotation: Making sure your tires have adequate pressure, and the wear and tear of the batteries can be minimized by rotation; also help the car respond appropriately when the driver needs to use the brakes. This also prevents tire blowouts, which are likely to cause car accidents.
• Battery inspection: If you have an aging battery, have it inspected and replace it if needed.
• Oil and filter change: Along with an air filter inspection and change, will help you to make sure the engine is running well.
• Lights: Running lights, brake lights, turn signals, and headlights – all need to be in working order. This allows other drivers to see your car and prevents you from getting a citation by police for not having working lights.
• Wiper fluid: Wiper fluids should be topped off and wiper blades need to be changed so you can see clearly while driving.

Prepare Yourself and Passengers for Travel

We all know that staying alert and focused while driving is necessary to avoid accidents. There are steps you need to take for yourself and others who will be traveling with you for the holiday to ensure the trip is a safe and healthy one for all:

• Get a good night’s sleep before you begin Easter weekend and during the weekend, as you have to make the trek home again on Sunday evening or early Sunday morning.
• Avoid consuming alcohol and other intoxicating substances. Intoxicated drivers make mistakes, react slowly to changes in the road and make accidents far more likely. It is also illegal to drive intoxicated.
• Since many celebrations end by the late afternoon on Easter Sunday, if you have a long drive back, you might consider staying over Sunday night and driving home early Monday for work and school.

Install Child Safety Seats Properly

Serious injuries and death are far more likely from an improperly installed child safety seat. It is important to read the instructions included with the safety seat and install it accordingly.

Seat belts and child safety seats protect people in the vehicle from many of the injuries that are common in accidents.

Put the Cellphone Away

This can go a long way toward minimizing distractions while driving. Avoiding distractions while driving goes a long way toward keeping everyone in the car safe. Have your route planned out ahead, so you do not need to check your phone for directions.

Save the Eating and Drinking for Rest Stops

People spill food or drinks while driving and wind up not focused on the road, but the spill or the stain it made on clothing. The better choice is to set aside time for eating and do not it while you are driving.

Speed Kills

Speed is the single greatest factor in causing accidents, injuries, and deaths while driving. Knowing this, do your best to abide by the speed limits and maintain a safe following distance.

Driving at the speed of traffic in good weather is the best way to ensure you are keeping a safe distance. That will help to prevent your vehicle from overtaking traffic or causing traffic to stack up behind you.

The National Highway Traffic Safety Administration (NHTSA) says speeding accounts for about one-third of all road-going fatalities in the United States. The NHTSA says speeding could cause you to lose control of your vehicle and reduce the effectiveness of safety features that are built into many newer cars.

A springtime rainstorm or even a snowstorm might strike while you are driving. If so, you should adjust your speed and increase the following distance in poor weather.

Fog greatly impacts visibility and makes it harder to distinguish between brake lights and taillights on the vehicles in front of you. It might even be a good idea to stop and wait for the fog to lift.

Be on the Lookout for Pedestrians

Easter often means Easter egg hunts and outdoor gatherings. If you have children, you might take them to one or more Easter egg hunts.

The potential for young children running into neighborhood roadways is much greater during holiday celebrations, and at Easter, they may be running off all the sugar of the candies in those plastic eggs.

Keep in mind that with warmer weather, more pedestrians will be out on the road as well. A recent NHTSA study shows that pickup trucks, SUVs, and minivans are especially dangerous for pedestrians when turning. The vehicles often have larger blind spots than automobiles, which makes it harder to see pedestrians when turning.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Those Injured in Easter-Related Collisions

Your best efforts to drive safely will help to prevent you from causing an accident on Easter weekend. However, if you are involved in a crash, call our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County. Call us at 302-656-5445 or contact us online to schedule a free consultation.

How Safe Are Sunroofs in Rollover Crashes?

March 29, 2022

Sunroofs are a popular feature on many vehicles. They allow more sunlight to brighten the interior, increase airflow, and provide more general comfort for you and your passengers.

However, when there is a hole in the roof of your car covered by glass, it is reasonable to wonder about potential safety issues. You might be especially concerned about the sunroof if a rollover accident were to occur.

Fortunately, a sunroof does not make your vehicle more dangerous during a rollover car accident. Your vehicle’s design and safety features should protect you and your passengers.

How Does the Cabin and Roof Protect Passengers During Rollovers?

Car manufacturers account for the potential of rollovers and other types of accidents when designing vehicles with sunroofs. They design and build vehicles that are not weakened by the inclusion of a sunroof.

The porthole that contains the sunroof does not weaken the cabin or roof. All vehicles have four pillars that create a rigid structure that runs from the frame to the rooftop. The roof also is designed to withstand hard impacts and support the weight of the vehicle if it rolls onto the roof.

The cabin also is designed to create a secure seating area for passengers. The addition of seat belts and airbags helps to protect against rollover injuries.

The sunroof has virtually no effect on your vehicle’s ability to maintain its structural integrity during a rollover accident. It does not weaken the roof or make it less likely to withstand the effects of a rollover accident. Additionally, the glass of a sunroof should be laminated by the manufacturer to prevent it from shattering.

Wearing seat belts will prevent ejections from the vehicle, so having a sunroof should not create any significant dangers during a rollover.

Ejections Are the Greatest Danger in Rollover Accidents

Ejections make rollover accidents among the deadliest types of auto accidents. The National Highway Traffic Safety Administration (NHTSA) says rollover accidents account for about 30 percent of vehicular fatalities, meaning rollovers cause about 12,000 traffic deaths every year.

A partial or full ejection from a vehicle leaves a person completely vulnerable to deadly injuries. The person could land on pavement or be struck by the rolling vehicle. A tremendous amount of injury causes ejections, and there are no safety devices that protect a passenger who has been ejected from a vehicle. If your sunroof is open, that could raise the potential for part or all of your body to be ejected during a rollover.

Vehicle ejections can occur during rollover accidents. Open windows and unbuckled seat belts also enable ejections from vehicles during rollover accidents. Rollover accidents account for 47 percent of passenger fatalities in light trucks, more than double the 22 percent rollover fatality rate among passenger cars.

How to Help Prevent Ejections During Rollovers?

You need to keep your vehicle in good driving condition to help minimize the potential for a rollover accident. The less prone that your vehicle is to a rollover accident, the lower the odds of a potentially deadly ejection of one or more passengers.

• Make sure your tires and suspension components are in working order. A sudden failure by a tire, tie rod end, a ball joint, or a similar part could cause the sudden loss of control at the wheel. Tires and suspension components are especially important for reducing the potential for a rollover accident.
• Regularly inspect and rotate your tires, checking air pressure and tread. If you have a sudden tire failure, your vehicle might roll.
• Regular maintenance of the suspension, steering, and wheel will help to prevent rollover accidents.
• Ensure that you and any passengers wear seat belts while traveling. Seat belts are designed to hold you in place during an accident, including a rollover. The NHTSA says you are 10 times more likely to be ejected from a vehicle if you are not wearing a seat belt.

Potential Third-Party Liability if Injuries Occur

If you suffer injuries in a rollover accident, third-party liability might apply. Vehicles and their components must be designed and built to reasonably minimize potential injuries.

• The sunroof might shatter if it was improperly designed. The manufacturer of the sunroof and your vehicle might be liable for your injuries.
• If your vehicle rolled and the roof collapsed, a faulty body design might be responsible. The automaker might be liable for those injuries.
• Claims for third-party liability require you to reasonably demonstrate two things: evidence of negligence and evidence of the harm done.
• Evidence of negligence is the more difficult to prove. You could do so by showing statistics from other accidents that demonstrate that a particular model of vehicle is especially prone to rollover accidents due to its design.
• The sunroof might have been made without a protective coating to prevent shattering. If so, you could argue that it was not made reasonably safe.

Proving harm or negligence is easier when showing evidence of the damage and injuries caused by said negligence. An experienced car accident lawyer is the best resource for building a strong case for liability and damages.

Dover Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Help You if You Have Been Injured in a Rollover Collision

Sunroofs could contribute to serious injuries during a rollover collision. If you have been injured in a rollover collision, our Dover car accident lawyers at Jacobs & Crumplar, P.A. can help. Call 302-656-5445 or contact us online to schedule a free consultation. With offices in Wilmington and Millsboro, Delaware, we represent clients in Dover, New Castle County, and Sussex County.