What Happens When a Medical Condition Causes an Accident?

September 21, 2022

Every day, car accidents happen because of distracted driving, drunk driving, and other negligent driving behaviors, making it easier to determine who is responsible for the damages and injuries. The majority of car accidents are caused by human error, but what about crashes that are caused by the unexpected, such as a health issue?

This may seem rare, but it happens more than you may realize. Some statistics show that medical emergencies, such as the driver suffering a seizure or a heart attack, are responsible for nearly 20 percent of all car accidents.

This scenario is recognized as a sudden medical emergency in which a driver can not be held liable for an accident if they had suffered an unforeseen medical issue. This is because during a sudden medical emergency, a driver should not be held responsible for an event that was beyond their control.

What Health Conditions Can Cause a Car Accident?

Some common medical conditions that can lead to a car accident include:

• Fainting: A person may lose consciousness or faint due to numerous health conditions, but more commonly due to a heart attack or stroke. A person who loses consciousness while driving is at risk of getting into an accident.
• Seizures: Epilepsy and other seizure disorders can cause a loss of control. Although every state allows drivers with epilepsy to acquire a license, they normally must report their condition to their state’s DMV.
• Diabetes: When your blood sugar gets too low, you may incur vision problems or even pass out. Diabetes can also lead to nerve damage to the legs and feet, which may cause difficulty when using the vehicle’s pedals.
• Mental changes: There is a possibility that drivers, particularly older drivers, may suffer a sudden cognitive issue, whereas they could lose focus or control of what they are doing.
• Loss of muscular control: A stroke or nervous system issue can cause someone to lose control of their bodily functions.
• Intense pain: Extreme or intense pain, such as chest pain, can come on suddenly, causing a severe loss of focus.

Proving a Sudden Medical Emergency

Although state laws differ, they generally accept the sudden medical emergency defense. However, a car accident claim can get quite complicated should the driver have a pre-existing condition that caused a medical emergency.

If a driver claims the sudden medical emergency defense, then they have the burden of proof for showing the following:

• They had lost consciousness before the accident occurred.
• That they had lost consciousness which caused them to lose control of the vehicle.
• The loss of consciousness was caused by an unforeseen medical emergency.

If a driver can prove all of these three scenarios, then they may be able to forgo any liability. The suddenness of the medical emergency must be entirely unforeseeable. Ignoring doctor’s orders instructing to not drive would not be unforeseeable, for example. Furthermore, if the driver had a history of health issues, then it is possible that the condition could have been foreseen.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Help You if a Foreseen Medical Condition Caused Your Accident

A driver may avoid liability for an accident that was caused by a unforeseen medical emergency. However, some drivers ignore health conditions and still drive, putting road users at risk. If a careless driver caused your accident injury, speak with one of our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. Call us at 302-656-5445 or fill out our online form to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients in Dover, New Castle County, and Sussex County.

When Should Aging Parents Stop Driving?

September 16, 2022

Having difficult conversations with loved ones is part of life, and one of the most challenging is discussing when to stop driving with an elderly parent. Adult children with aging parents often face this unwelcome task, and though it is not easy, it can be necessary to prevent loved ones and others from getting injured or even killed in a car accident.

This is an emotional conversation, as people value their independence and freedom, which is directly linked to being able to drive. Looking at the situation objectively can help you determine if they are ready to retire from driving. Here are some signs you can look for:

• Getting lost on familiar roads and neighborhoods.
• Driving too fast or slowly.
• A tendency to drift in and out of lanes.
• Delayed responses to unexpected situations, with near misses.
• Difficulty focusing; easily distracted while driving.
• Hitting curbs when backing up and turning.
• Noticeable dings, scrapes, and dents on their vehicle.

Other red flags might include frequent traffic tickets, forgetting to put the headlights on, being unable to figure out how to put on the seat belt or figure out how the car works, and being overly stressed or confused about driving.

How Can I Talk to My Parents About Their Driving?

Since this is such a difficult subject, it is important to plan out what you want to say in advance and to remain calm and objective as you are talking. Other family members can be briefed about the impending talk and asked for their input. A small group approach could be too intimidating but could work for some people, and the other option is to do it one-on-one.

If your elderly parent will not budge on giving up driving, offer to take them to your local DMV for a vision and driving refresher course or test. You can also reach out to their physician, explain the situation, and ask that they speak with your loved one at their next appointment; you can remind them they are due for a checkup, and go along with them.

You can also ask family members and close friends to try convincing your aging parents to stop driving in separate conversations, keeping the same guidelines described above. It is also helpful to provide transportation alternatives, like community buses, ridesharing apps, grocery delivery services, and so forth. Focus on their safety and the safety of others who share the road. Waiting too long to have this conversation could be detrimental or even deadly.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Help You if You Have Been Harmed by a Negligent Driver

Older drivers can create significant hazards for themselves and others, leading to serious accidents, injuries, and property damage. If you have been injured in an accident, speak with one of our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. Call us at 302-656-5445 or complete our online form today to schedule a free consultation. We are located in Wilmington and Millsboro, Delaware, and we serve clients throughout Dover, New Castle County, and Sussex County.

Should I Post About My Car Accident on Social Media?

September 14, 2022

Social media has become an everyday forum for people of all ages to stay in touch with each other. It is only reasonable that someone who has been in a car accident might want to post about their experience. However, going straight to social media after a car accident can be a bad idea.

In the moments after you have been in a car accident, your emotions will likely be running high. You may be angry, hurt, or scared. These are all understandable responses. However, your emotions may cause you to post images and statements on social media that can be used against you.

Suppose you post about being in a car accident and someone immediately responds asking how you are doing. You reply that you feel great and are thankful you do not have any serious injuries. What you do not realize is that you have a concussion and whiplash which takes a few days to show up. This would hurt your legal claim.

Even if you delete a social media post, you might discover that someone took a screenshot of it, or it might be available and discoverable in an archived form online.

What if the Other Driver Tries to Communicate Via Social Media?

You are not the only person who uses social media. The driver who caused your accident may be on social media as well. Many accident survivors are contacted by the at-fault driver and are unsure what to do next.

Your wisest choice is to not accept any followers you do not know after your car accident. If someone claims to be the other driver, do not respond. Even if you are tagged in videos or images, resist communicating with them. All necessary communications between the two of you should go through your insurance carriers or car accident lawyers.

Do keep copies of all correspondences you receive from the at-fault driver on social media. The correspondence can help you build a case against the driver, especially if they admit fault or want to settle.

What to Do Instead of Posting on Social Media?

After you have been in a car accident, you should avoid talking about it on social media. Make it an off-limit topic, especially if you plan to submit a legal claim or pursue a lawsuit. Do not discuss your appointments, your diagnosis, your medications, your physical therapy, or anything related to the crash. This can be difficult. Nevertheless, being prudent can help you in the long run.

Rather than posting on social media about your accident, tell only the people who need to know about the experience. This can include family members, insurance carriers, health care providers, your employer, and your car accident lawyer. Retaining a sense of privacy protects you from saying or showing anything that could hurt your chances of receiving compensation.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Give You Legal Advice After an Accident

Have you been injured by the negligent actions of another driver? Rather than posting on social media, consider speaking with one of our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. Call us at 302-656-5445 or contact us online to schedule a free consultation. We are located in Millsboro and Wilmington, Delaware, and we handle car accident cases in Dover, New Castle County, and Sussex County.

How Can I Drive Safely This Labor Day?

August 30, 2022

Labor Day is a federal holiday celebrated on the first Monday in September to recognize the contributions of the U.S. workforce. Labor Day weekend is one of the busiest times on the roads and highways across the nation.

With thousands of vehicles on the road, many major transportation routes become congested, which increases the chances of car accidents. The National Safety Council (NSC) marks Labor Day weekend as one of the most dangerous times to travel. The National Safety Council estimates that more than 400 people could die on U.S. roads during the Labor Day holiday weekend. The 2021 holiday fatality estimate was 19 percent higher than the 2020 Labor Day estimate of 390 fatalities.

Careful planning and preparation are vital to ensuring the safety of everyone on Labor Day weekend. The good news is that drivers can take precautions to decrease their chances of getting into an auto accident. Read on to find out some essential safety tips you can follow on Labor Day weekend to ensure that you have a wonderful and safe holiday weekend.

Stay Sober

Most car accidents can be avoided if drunk drivers simply do not drive. If you plan to drink during the weekend, travel with a designated driver or find another option like a taxi or rideshare service.

Get Adequate Rest

Too often, people cram lots of activities into the holiday weekend. Tired drivers are more prone to accidents. Basic errors, such as forgetting to put on their turn signal or running a red light, can result in a life-altering car crash. Fatigued drivers should stop at a safe place, like a well-lit parking lot, and rest.

Know the Weather

We all hope for sunny and comfortable days, but severe weather can happen seemingly out of the blue. Heavy rainstorms and thunderstorms can result in poor visibility on highways and slippery road surfaces. Drivers should stay tuned to changing conditions by looking at a weather forecast before hitting the road.

Go Slow

Driving faster than the speed limit puts everyone at risk. Drivers should exercise safety and patience, especially if they know they will travel on busy roads and highways. Traffic is aggravating, but you will need to be more patient when it is a holiday weekend.

Stay Safe when Sharing the Road with Trucks

One of the main causes of accidents are drivers who do not concentrate while driving. If you are tired, have a drink. If you feel sick, let someone else drive or postpone driving for when you feel well. On Labor Day, many spend the day drinking and having fun; chances are they are too tired or too drunk to drive home.

• Monitor how you are feeling and learn your limits so you can stop driving if you feel unwell or sleepy. Alertness is key.
• Large trucks are hazardous, especially if you cut in front of them unexpectedly. Big trucks cannot brake quickly enough to avoid a collision if things get tight and it takes trucks longer to stop.
• Stay out of a truck’s blind spots. Generally, if you cannot see the truck’s mirror, the driver can’t see you either.
• Give trucks more room to make turns.

Report Dangerous Driving

Many motorists do not realize they can alert the authorities if they see dangerous drivers. If you know another driver swerving, speeding, or acting aggressively, call 911. The dispatcher will need some information about the driver, such as a license plate number, vehicle color, model, or make, as well as the road and direction of travel.

Travel in Daylight Instead of After Sunset

Going home at a reasonable time is particularly important for newer drivers who may have little night-driving experience; people with poor eyesight or astigmatism; and people who had early starts to their day and need to rest. You should always try to get home before it gets too late in the night, which can prevent an accident. Some of the riskiest times for drivers are weekends and holiday evenings, so limit nighttime driving.

Car Maintenance

A routine engine, radiator, and fluids check will ensure your car does not break down while you are on the road. Tires should be well inflated, and drivers should replenish wiper fluid. Also, check that the steering wheel and brakes work correctly. A car emergency kit should include jumper wires, a tire gauge, a flashlight, a tool kit with wrenches and screwdrivers, duct tape, rags, and an emergency stop sign. You should also have a first-aid kit, a bottle of water, a blanket, and some energy bars in case your car breaks down and you and your family are stranded.

Three-Second Following Distance

In good weather conditions, you should follow the car ahead at a three-second following distance. You should double that distance if traveling in wet weather or when visibility is poor.

Essential Tips to Keep in Mind

Here are a few important tips to keep in mind when you are traveling during Labor Day weekend.

• Be aware that law enforcement will watch busy roadways during the holiday weekend and focus efforts on impaired or dangerous drivers.
• Get on the road early and avoid rush hour traffic
• Plan your route or look for alternate routes, program your GPS, or use a map to go where you want to go fast and efficiently.
• Ensure that everyone buckles up safely.

Motorists should always exercise caution, especially over the Labor Day weekend. If you get into a car accident due to another driver’s negligence, contact a lawyer for legal advice. A lawyer will explain your legal options while protecting your rights.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Those Injured in Auto Accidents

Driving with a careful plan will decrease your chances of getting into a car accident during Labor Day weekend. If you or someone you love has suffered injuries in a car accident caused by hazardous driving, contact a Delaware car accident lawyer at Jacobs & Crumplar to schedule a free consultation with an experienced Delaware car accident lawyer. Call us today at 302-656-5445 or fill out our online form. We represent clients in Dover, New Castle County, and Sussex County from our offices in Wilmington and Millsboro, Delaware.

Back to School Safety Tips for the 2022-2023 School Year

August 23, 2022

Summer is almost over, and communities and families are getting prepared for their children to go back to school. It can be a stressful and hectic time for parents, as they adjust their schedules to the school year and ponder the best ways to get their children to school safely. Whether they are travelling by foot, bicycle, or bus, here are some back-to-school safety tips for parents and children to follow to ensure the safety of everyone.

Driving Tips for Parents

Driving your children safely to school does not just affect your family, but the whole community as well. Multiple school zones and an increased presence of law enforcement, particularly in the state of Delaware, are all vital to the safety of our children. Here are some driving tips for parents when dropping off their kids at school:

• Obey the school zone speed limits: slow down and drive with increased caution.
• Always be aware of what is around you and be prepared for kids being in places you may not expect, such as between in parked cars.
• Be sure to stop completely when school busses are loading or unloading children.
• Eliminate any distractions, such as phone usage or loud music.
• Do not unload or load your children across the street from school, always by the curb on the same side of the street.
• Do not double park, as it blocks the area of visibility for children and other drivers.
• Never pass another vehicle, especially a bus, or change lanes when in a school zone.
• Be aware of kids not paying attention to cars and looking at their phones.
• If possible, carpool to reduce the number of cars in the drop off lanes.
• Do not block crosswalks.

When you are outside of a school zone and on your normal route, you will likely encounter a school bus at a bus stop dropping off or picking up children. Keep these few tips in mind when this situation occurs:

• Never pass a bus that has stopped to unload or load children. According to the National Safety Council (NSC), most children who lose their lives in a bus-related incident were on foot and between the ages of four and seven and were hit by someone trying to pass a stopped bus. This is illegal in all 50 states.
• If you are following a school bus, always maintain a safe following distance of at least three car lengths.
• School buses are equipped with flashing lights to alert other drivers of their intention: yellow flashing lights mean that the bus is slowing down and preparing to stop, and you should slow down as well. Be extra cautious because there may be children running to the stop nearby. Red flashing lights means the bus is stopped and is about to load or unload children.
• When stopping for a bus, be sure to stop at least ten feet away, allowing children enough room to safely walk to the bus.

Bus Safety Tips for Children and Parents

Statistics show that school buses are some of the safest vehicles on the road. Still, it is a good idea for parents to know and share these tips with their children when waiting for the bus, riding, and exiting the bus:

• Always try to get to the bus stop early so there is no need to rush across the street.
• While waiting for the bus, be sure to stand far enough from the road.
• Never try to enter the bus and step off the curb until the bus comes to a complete stop. Do not enter until the bus driver gives the okay.
• Do not move while in the bus and stay in your seat, and never shout at the driver which could lead to a distraction.
• Remember to never walk in the driver’s blind spot and always be in their view.
• When entering or exiting the bus, always use the handrail.
• When approaching the bus, be sure to make eye contact with the driver as they are coming to a stop.
• Always cross the bus from the front, and even though traffic is supposed to stop for the bus, look both ways before crossing the street.
• When leaving the bus, stay in view of the driver and do not run.
• Go to the bus stop with your child and explain to them the proper way to exit and enter the bus.

Bicycling Tips for Children

Check with your child’s school first if it is okay for your child to ride their bicycle to school. Here are some basic safety tips for children should you decide that riding their bicycle is the best way to get to school:

• Always wear bright-colored clothing.
• Wear a helmet that fits correctly and is secured. Bicycle helmets help reduce the risk of a head injury by almost 85 percent.
• Always ride on the right side of the road.
• Choose the safest route between school and home and go over it with your child.
• Warn children against riding their bikes alone and make sure they ride with a parent or trusted friend.
• Come to a complete stop at stop signs and while crossing the street.
• Use hand signals when turning.
• Always be alert for opening car doors and hazards on the roadway.

Walking Tips for Children

If you live close enough, you and your child may be able to walk to school if the school allows it. Some schools may not until the child has reached a certain grade. If you are not confident in your child’s walking skills, you can either walk with them to school or decide on another form of transportation.

• Pick the safest route to and from school and practice the route with your child.
• Be sure the route has crossing guards at intersections.
• Always walk on the sidewalk if available.
• Always cross the street at crosswalks and intersections and check if cars are coming.
• Make sure your child always takes the route you practiced and never veer from it.
• Walk in a group with friends or other classmates.
• Wear light or bright colored clothing.
• If a stranger approaches and offers a ride home, run away and yell for help, and alert the nearest business or store.

Wilmington Personal Injury Lawyers at Jacobs & Crumplar, P.A. Can Help Parents and Children Injured by Another’s Negligence

The opening of the school year can be a frantic time for most families, but it is important to remind ourselves that the safety of our children is most important. If you or your child has been injured by the negligence of another party, then contact the Wilmington personal injury lawyers at Jacobs & Crumplar, P.A. immediately. 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 clients of Dover, New Castle County, and Sussex County.

What Are the Types of Bone Fractures from Car Accidents?

August 9, 2022

Car accidents create a tremendous force that the body must absorb, resulting in multiple injuries, including bone fractures, ranging from mild to severe breaks, all of which are painful. If you endured fractures in a car accident, you may be entitled to compensation for your losses. If another individual was responsible for the accident through negligence and recklessness, you have the right to pursue a claim against that person’s insurance company for monetary damages. A knowledgeable car accident lawyer can help you pursue compensation to assist you in your recovery. This blog will provide detailed information and a starting place for those who have suffered broken bones and fractures caused by car accidents.

The Causes of Broken Bones During a Car Accident

Bone fracture is any break in the structure of a bone in the body. Sometimes, it can be a severe condition that needs immediate medical attention. Below are some of the most common ways that bones are fractured occur during car accidents.

• A person not wearing a seatbelt is ejected from a vehicle during a collision.
• An individual hits the pavement after being forced off a motorcycle.
• A person is crushed by a tractor-trailer, the weight of a car, or motorcycle on top of their body.
• Avoiding an impact or in an instinctive effort to protect the face.
• Driver or passengers are struck by the airbag or loose items tossed around the car.
• A person is forced forward into the seat restraint.

Types of Bone Fractures from Accidents

Various types of bone fractures exist, some more common than others, depending on what kind of accident occurred. Car accident victims may suffer the following injuries:

• Broken wrists or arm bones
• Head/facial bone injury
• Hip fractures
• Injured hands
• Leg fractures
• Patella (kneecap) injuries
• Shoulder injuries
• Skull fractures
• Spinal fractures

Other kinds of fractures may also happen due to a car accident.

Types of Bone Fractures

Avulsion: These painful fractures happen when the bone separates from the tendons and ligaments. If an avulsion occurs, you will likely need orthopedic surgery.

Buckles: Buckles are fractures in the growing bones of young children. Buckles happen when the bone begins to break but bends or buckles. The treatment for this usually is immobilization with a splint or a cast for several weeks.

Comminuted: This is a bone fracture into at least three pieces, but it can result in more than three. These fractures cannot be repaired. Unfortunately, a comminuted fracture frequently leaves no treatment option but amputation.

Compound: A compound fracture causes the broken bone to poke through the skin. This break most often requires surgery within 24 hours. In addition, the doctor will treat this patient with antibiotics to prevent bacterial infections, as well as update the victim’s Tetanus shot.

Hairline: These minor fractures often go unnoticed. Victims may attribute the pain to bruising from the car accident. Therefore, the crack will continue to run until they seek treatment. Once diagnosed, a hairline fracture will usually be immobilized with a boot, splint, or cast for several weeks.

Oblique: An oblique fracture has a diagonal course, which happens most frequently in auto collisions as the bone gets pinched into place and then twisted during impact. The oblique fracture typically requires surgical procedures to reset the bone and screws to hold it in place as it mends.

Stress: Like buckle fractures, stress fractures also occur in young children with still-forming bones. However, when a person has suffered a stress fracture, one side of the bone will bend, and the other will fracture. This requires immobilization, typically with a splint, boot, or cast.

Transverse: This fracture breaks the bones into two pieces, at a right-angle position. The transverse fracture requires immobilization. In addition, surgical intervention might be needed.

The most common bone fractures from car accidents affect the femur, humerus, spine, and skull.

Sharp bone fragments can damage the spinal cord, resulting in paralysis or brain damage. Leg and arm bone fractures are the more common fractures resulting from auto accidents. Spine and skull fractures are also common injuries that may result in damage to the spinal cord and brain.

Other common bone fractures that can happen during car accidents include the ribs, tibia, fibula, and pelvis. The tibia and fibula are a part of the lower legs. Rib fractures can lead to punctured lungs. These injuries might become life-threatening if not treated properly.

Less serious bone fracture include the clavicle, ulna, radius, foot, hand, and scapula. The clavicle bone supports the shoulders, the ulna and radius are part of the forearm, and the scapula is the shoulder blade.

Fractures to the hands and feet may cause an individual to miss work depending on their job requirements. Hand fractures that are severe enough might cause permanent impairments that could lead to job loss.

Sometimes, a bone fracture caused by a car accident will require multiple X-ray sessions, depending on the type of broken bone, splints, and a cast. Healing can be a three to four-week period. More severe injuries will require surgical intervention, including implants, such as wire, screws, and plates. These surgeries can be costly. Physical therapy or other rehabilitation is often required, and there is no guarantee that you will regain full function.

Compensation for Bone Fractures

Compensation for your bone fractures depends on the severity of your injuries. Mild bone fractures that heal within a few weeks might earn you compensation for medical bills. Moderate to severe bone fractures resulting in long-term medical care and complications could make you more payment.

Two compensation types can occur when the other driver was partially at fault for the car accident. Financial damages include medical expenses, property damages to your vehicle, and lost income. In addition, many individuals experience pain and suffering, emotional distress, and loss of consortium.

You should consider contacting a Delaware car accident lawyer if you want to seek compensation after a car accident. An experienced and knowledgeable lawyer can help you with the process behind attaining compensation.

A Delaware Car Accident Lawyer at Jacobs & Crumplar, P.A. Can Help You Attain Compensation After Suffering a Bone Fracture

If you or a family member are suffering from a bone fracture from a car accident, you may be entitled to compensation from the negligent driver. Speak with an experienced Delaware car accident lawyer at Jacobs & Crumplar, P.A. to receive advice from experienced lawyers. Call our seasoned lawyers at 302-656-5445 or contact us online to schedule your free consultation and learn about the services we can provide. With offices in Wilmington and Millsboro, Delaware, we proudly serve Dover, New Castle County, and Sussex County.

Will My Car Insurance Be Enough to Cover My Accident?

August 5, 2022

Car insurance protects against financial loss in case of an automobile related incident. Depending on the coverage, this includes accident, injury, vehicle damage and more. The motorist enters an agreement with an auto insurance company and pays a monthly amount, known as a premium. In exchange, the company provides monetary aid where applicable. Most states require vehicle owners to carry insurance.

To receive an insurance payout after a car accident, the insurance holder must file a claim. The company determines who is responsible for the event, whether the holder is eligible for compensation and for how much. What the holder’s policy covers is a major factor in establishing payout.

Other variables include the type of incident, road conditions and the number of drivers and other people involved. Even in a straightforward case, the insurance company may only pay the minimum amount the holder is eligible for. Experienced car accident attorneys can help their clients get the money they are entitled to.

What Does Basic Coverage Pay For?

Most states name a minimum amount of car insurance a motorist must carry. The basic amount mandated by Delaware is 25/50/10 for liability to a third party. In other words, a payout of $25,000 per third party person injured. For a single accident the total amount of money a third party can claim is $50,000. Ten thousand dollars compensates for third party property damage.

Delaware also requires at least 15/30 for personal injury protection (PIP.) If the policy holder is injured in an accident, they may receive $15,000 per person and up to $30,000 per accident. This money is to compensate for medical bills, lost wages and related expenses.

The policy holder chooses what types of additional coverage they want, if any. Options include Comprehensive, Collision, Uninsured/Underinsured Motorist and more. Added coverage leads to a broader range of protection, but higher rates. The holder may not wish to pay more than what the state demands.

Delaware’s required insurance does not provide payouts for damage to the policy holder’s vehicle. If the holder is injured by an uninsured or underinsured driver, their basic PIP may not be enough for their situation. Spending money on a higher premium can financially protect the holder. Hiring legal representation can help with receiving more compensation.

What Does Bodily Injury Insurance Pay For?

When a motorist is at fault for injuring another driver and others in an accident, bodily injury liability (BIL) provides coverage. While one party pays for the policy, payout goes to a third party, the other driver and any of their passengers. BIL compensates for their medical bills, legal fees, lost wages and funeral costs. The insurance company will defend the first party in case of a lawsuit.

BIL does not compensate for claims exceeding payout limits, nor does it pay for defense costs above said limit. If the first party owns assets above what their policy provides, the third party may seek these through an attorney. Paying for enough BIL to protect your assets can help sidestep this issue, though legal representation is still advisable.

What is Property Damage Liability Insurance?

Property damage liability insurance (PD) reimburses the third party for objects harmed in an accident. This can include vehicle repair or replacement as well as other items like mail boxes, signs and buildings. While the first two numbers in Delaware’s 25/50/10 mandated minimum liability insurance refers to BIL, the “ten” is a reference to PD. As with BIL, paying for additional PD may protect from future complications.

What Does Personal Injury Protection Insurance Cover?

If the policy holder is harmed in an accident, PIP helps to pay for their medical and related expenses. Along with medical bills and lost wages, PIP also compensates for household expenses and child care when injuries make domestic tasks difficult. In cases of fatal accidents, PIP helps to pay for funeral expenses and loss of a breadwinner’s income. In addition to Delaware’s basic 15/30 PIP requirements, the state also mandates a minimum of $5,000 for funeral costs.

What is Comprehensive Coverage?

This type of optional insurance helps to pay for repairs or replacement related to non-collision damage. If a vehicle experiences incidents such as theft, vandalism, falling objects or natural disasters, comprehensive coverage assists. Unlike other kinds of car insurance, the policy holder chooses their deductible, or the amount paid out of pocket for each claim.

 What is Collision Coverage?

Collision insurance provides payout when a car is damaged in an accident. Whether one vehicle strikes another, was involved in a single car accident or hits a tree or other stationary object, it falls under the “collision coverage” umbrella. It may be bundled with comprehensive insurance or sold separately, depending on the company.

 How Does Uninsured Motorist Coverage Work?

According to the Insurance Research Council, one out of eight drivers do not have insurance. Uninsured motorist (UM) coverage protects drivers involved in hit and run accidents or those with uninsured drivers. UM provides compensation to those who would otherwise have to pay medical bills of pocket or lose wages due to injury. It does not cover property damage.

How Does Underinsured Coverage Work?

Even if a driver has insurance, they may only have enough to partially compensate for accidents. Underinsured motorist coverage (UIM) helps to pay for medical fees, lost wages and pain and suffering caused by these drivers. Depending on the state, UIM is bundled with UM.

UIM provides compensation if the underinsured driver is found at fault. Hiring an attorney experienced with car insurance laws and regulations will help determine who is liable. Legal representation also helps claimants receive the compensation they are entitled to.

The Millsboro Car Accident Lawyers at Jacobs & Crumplar, P.A. Assists Clients Seeking Insurance Payouts

If you or a loved one have been involved in a car accident, consult an attorney as soon as possible. Our experienced Millsboro car accident lawyers at Jacobs & Crumplar, P.A. will help you recover the settlement you deserve. Fill out our online form or call us at 302-656-5445 to schedule a free consultation. Our offices are located in Millsboro and Wilmington. We proudly serve clients in Dover, New Castle County, Sussex County and throughout Delaware.

What Injuries Can Children Suffer in a Car Accident?

August 3, 2022

Children can be uniquely impacted by car accidents for many reasons. The first is their small stature. The second is that their bodies have not yet developed fully, leaving them more susceptible to some types of trauma. And the third is that they may not understand how to process their emotions or even describe physical discomfort after a crash.

As a result, children’s car accident injuries do not always mimic those of adults, but it is just as that they be diagnosed and treated. Waiting too long to address a child’s post-collision medical needs can lead to long-term health difficulties. If you are a parent, you will want to stay aware of the most common types of physical and psychological injuries suffered by minors involved in car accidents.

Physical Injuries

The physical injuries often reported in kids who have been hurt in crashes include the following:

• Head Trauma: Head injuries can range from mild concussions to permanent brain damage depending upon how intense the impact was, as well as whether or not the child was properly restrained. Any head trauma should be identified and treated quickly. Otherwise, it could lead to serious complications or, in rare cases, fatalities.
• Injuries From Flying Objects: During a car accident, items can become loose and hit young passengers. This includes glass from front, side, and rear windows. Flying objects can bruise skin or lead to bone fractures. They may also contribute to head injuries.
• Airbag Injuries: Although airbags can save lives, they may be too forceful for young car occupants. A deployed airbag can break a child’s bones or even cause a fatality. Consequently, parents may want to keep children in the backseat even past the age and weight where they can ride in the front.
• Internal Injuries: Not all child-related car accident injuries can be seen with the naked eye. Broken ribs, collapsed lungs, and internal organ damage may not appear right away. Therefore, a thorough examination of a child may be warranted after a serious crash.

Psychological Injuries

Like their parents, children are not immune to the psychological fallout from a sudden car accident. Plenty of kids internalize the experience or start to exhibit signs of post-traumatic stress disorder. For instance, some children who have been involved in crashes may have trouble sleeping, may cry for no reason, may be unable to keep up with schoolwork, or may change personalities.

It can be tough to compel insurance providers or courts to cover psychological injury treatment after a child has been in a collision. However, it is a fight worth having to help offset the costs associated with helping an injured child lead a healthier life. Many parents work with car accident lawyers to help recover economic and non-economic (a.k.a., “pain and suffering”) damages after their children have been hurt in crashes.

How to Lessen the Risk of a Child Being Injured in an Accident?

How can you help your child stay safer as a passenger in your vehicle? Although it is impossible to prevent all accidents, you can take a few steps to make your travels safer.

• Make sure your children are properly secured. From car seats to seat belts, you can make sure that all the restraints in your car are working properly. If you believe that a restraint failure caused your child’s accident injuries, be sure to mention this fact during an initial consultation with a car wreck lawyer.
• Follow the rules of the road. Your driving can make a big difference when it comes to avoiding or limiting injuries to child passengers. Avoid distractions and pay attention to posted speeds. Be sure to give yourself plenty of time in the event of bad weather, too.
• Keep up with your vehicle maintenance. A well-maintained vehicle is a safer vehicle. Instead of putting off visits to your mechanic, stay on top of your automotive checkups.

Of course, if you get in an accident while your child is in the car, you may want to take him or her to receive medical attention immediately. Be sure to attend to any medical needs you have as well. Getting the care you and your family deserve is integral to putting an accident behind you.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Work With Parents Whose Children Have Been Injured in Car Wrecks

Was your child injured in a car crash? Put the power of our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. on your side. Call our firm at 302-656-5445 or fill out our online form to set up a meeting at our Millsboro or Wilmington, Delaware offices. We handle cases from Dover to New Castle County and Sussex County.

What Are Safety Tips for Long Road Trips This Summer?

July 12, 2022

For many residents across Delaware, summer means long-awaited vacations and scenic road trips. If you plan to hit the highway this summer, check out these tips for a safe and enjoyable experience. A bit of care, preparation, and some safety tips can now possibly spare you a frustrating breakdown or a dangerous accident later.

Plan Your Route

Take a few minutes to plan your trip and plug it in to your GPS system. This way you can avoid traffic accidents, construction, and other delays. Map your trip before you even start the car. You should never adjust the GPS or any other devices while driving.

While you are at it, check your favorite weather app for severe weather. You do not want to find yourself in the middle of a severe thunderstorm if you can help it. Share your itinerary with a trusted friend or family member including your expected arrival time.

Service Your Vehicle

Prolonged exposure to elevated temperatures can impact the performance of your vehicle’s parts and systems. Vehicle breakdowns increase 20 percent in hot weather and up to 30 percent in coastal regions. Here are the parts of your car most susceptible to heat-related problems:

1. Air Conditioning: Your AC unit works harder in the summer months to keep your vehicle cool. Have a trusted mechanic inspect your air conditioning system performance at the start of summer. Without AC, passengers are at risk for heat-related illnesses. Children and seniors are particularly vulnerable to the effects of high heat and humidity.

2. Batteries: Hot temperatures impact the chemical processes that take place in auto batteries. It is more difficult for the battery to hold a charge and produce sufficient power to run the vehicle during the warmer months. Use a voltage meter to check your battery’s charge and avoid or replace it if necessary.

3. Belts and Hoses: Vehicle hoses and belts degrade more rapidly when exposed to high temperatures. Check under the hood to make sure they are in good condition and free of rips, cracks, bulging, or blisters. Replace as needed.

4. Fluids: Make a point to check your vehicle’s fluid levels every month or so, and always before a long road trip. Replace or refill these fluids if necessary:

• Oil
• Coolant
• Brake fluid
• Power steering fluid
• Windshield washer fluid

To keep your engine running smoothly, consider replacing the oil with a thicker grade of oil before summer starts. Extreme heat tends to thin oil out, which means more friction and a greater risk of engine damage.

5. Lights: Test the brake lights, turn signals, head lights, and flashers to make sure they are working properly. Remove dirt and debris from lights and windows with an auto-glass cleaner and a microfiber cloth to improve visibility for you and other drivers.

6. Tires: Tires are particularly susceptible to the sweltering summer weather. Heat causes the air inside tires to expand, leading to over-inflation and even bulging of the tires. Tires that are over-inflated or hot to the touch are at risk of exploding. Check the air pressure before you drive and look for excess wear and tear before every road trip. Properly-inflated tires are essential for keeping your vehicle running safely and efficiently during the hottest months of the year.

7. Wiper Blades: Winter ice and snow can wreak havoc on windshield wiper blades. Once the cold months are over, blades may need to be replaced. The rubber should be one smooth piece, without warping, cracks, or tears. Test wipers to make sure blades remove water in one consistent sweep. Streaks are a sign the blade is not fully connecting with the class and should be changed.

Prepare for Emergencies

Even if you take steps to plan a safe route and are diligent about servicing your vehicle, you cannot predict or prevent every accident or breakdown. But getting stuck in in the summer heat while waiting for assistance can be downright dangerous.

Heat exhaustion is a condition caused when the body overheats. It is one of multiple heat-related illnesses caused by exposure to high temperatures and humidity. Symptoms includes rapid pulse, dizziness, fatigue, muscle cramps, and nausea.

If you breakdown or are involved in a crash this summer, follow these steps to stay cool and safe until help arrives.

• Stop all activity.
• Move to a shaded area.
• Drink cool water or a replenishing sports drink.
• Call 911.

Pack an Emergency Supply Kit

In addition to water and sports drinks, some other supplies will be useful should your vehicle break down or become disabled in a crash. Your summer road trip kit should include:

• Basic tool kit
• Blankets
• First-aid kit
• Flashlight and extra batteries
• Jumper cables
• Non-perishable foods
• Portable cell phone charger
• Road flares or reflective triangles
• Sunscreen
• Water

Keep this emergency supply kit in your vehicle all year long and swap out certain items as the weather changes. In the fall, add warm hats and gloves to your emergency kit.

Get Your Rest

Driving a car for hours at a time is mentally and physically tiring. As eager as you may be to get to your destination, take time to rest along the way. Driving while sleep-deprived can be just like driving drunk. Fatigue affects coordination, vision, decision-making, and reaction time. It endangers you, your passengers, and everyone on the road with you.

Break up long road trips with a hotel stop to rest and recharge. Take additional breaks every few hours to get out of the car, stretch your body, and have a snack. Take turns behind the wheel if you are traveling with another licensed driver. And of course, avoid speeding to save time. Speeding can land you a pricy traffic violation—and more importantly – increase your chance of a serious crash.

Summer travel should be fun and carefree—and it can be. Take these steps to make sure your vehicle is summer-ready and check your route to make sure it safe and free of hazards before you ever get behind the wheel.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A., Have Close to $500 Million in Verdicts and Settlements For Clients Just Like You

If you are injured in a summer road trip in an accident that was not your fault, you may be entitled to damages. Our experienced Delaware car accident lawyers at Jacobs & Crumplar have more than 100 years of combined experience managing complex personal injury claims for clients across the state. Call us at 302-656-5445 or inquire online to schedule a free case review in our Wilmington or Millsboro offices. Our legal team represents clients in and around Dover, New Castle County, Sussex County, and across the state of Delaware.

How to Keep Kids Safe in a Car?

July 8, 2022

Every parent wants to keep their child safe and protected, but when it comes to cars there are many safety concerns to take into consideration both inside and outside the vehicle to ensure the safety of children. Anyone driving with children, parents and caregivers alike, should be familiar with the following safety topics.

Car Seat Safety

Children younger than 13 should always ride in the back seat, in the appropriate type of car seat based on their age and weight. Babies and toddlers should be in rear facing car seats until the age of two as recommended by the American Academy of Pediatrics or until they reach maximum height and weight for their seat. Rear-facing seats protect the delicate head, neck, and spine of tiny passengers by absorbing the shock of a crash into the shell of the car seat. A rear facing car seat should never be strapped into the front passenger seat as the passenger air bag could cause serious injuries if it deploys in a crash.

Once a child moves to a front facing car seat, they should be kept in a five-point harness for as long as possible until they have reached the weight and height limits of their seat. Although some young people assume they have reached an age where they no longer need a booster seat, the standard is determined by height, not by age. To remain safe, children need to use a booster seat until they reach the height of four feet nine inches. Without a booster, the lap belt is incorrectly positioned over the location of many vital organs that can be severely damaged in an accident. Parents should not let children ride the front seat, as this is the most dangerous place in a car for a young child to be sitting.

Always read the manual that comes with any child car seat. If the seat is not properly installed, it can do more harm than good in the event of a crash.

Secure Loose Objects

If your car gets rear ended or is involved in any kind of crash, loose objects inside the car quickly become flying projectiles that could easily injure babies and children. Keep toys and books safely stashed in a seat pocket. Heavy items should be secured in the trunk with cargo anchors. If you have a vehicle with an open back, never pile items in a way that they could launch into the passenger side of the vehicle. Pets should also be safely restrained with a harness, or they can travel in a crate or carrier.

Hot Temperatures and Car Safety for Children

Summer weather is upon us, making heatstroke prevention an important safety issue for children in cars. A child should never be left alone in a vehicle even for short errands. A child’s body temperature rises much faster than an adult’s – as much as three to five times. In a closed automobile the inside temperature can reach 120 degrees when outside the temperature is a comfortable 70 degrees.

Make it a habit to check the back seat of the car before leaving the vehicle. Parents often do not want to disturb a sleeping baby, or even forget the baby is there, as it may be difficult to see while in a rear-facing car seat. Busy, sleep deprived parents should always keep something important, such as a handbag, a cell phone, or their left shoe on the backseat floorboard as a reminder that the backseat is occupied. For children under 15, heat stroke is the leading cause of vehicle-related death, after car crashes.

Child Access to Cars

Some heatstroke accidents happen because a child gets into the car alone without the adult realizing it. This can be prevented by keeping vehicles locked and keys secured where children cannot reach them. Teach children that the car is not a place to play or hide, and keep rear seats upright so that small children cannot crawl unnoticed into the trunk space from inside the car.

Power windows are also dangerous for children, and can cause injuries to the fingers, wrist, hands, and can even cause strangulation. If you have child safety locks for windows, be sure to use them, but also teach your children not to play with window switches or stand on arm rests. When you are parked or away from your car, never leave the key in the ignition or in the “on” or “accessory” position.

Child Safety Outside the Car

Many children are seriously or fatally injured each year in back over accidents. Teaching your child how to stay safe around cars could save their life. They should be instructed never to play around parked cars, how to recognize when a car’s reverse taillights are on, and what a reverse warning alert sounds like on larger vehicles. It is never too soon to learn how to check the area for cars by looking both ways before setting out on foot.

Drivers should know to do a walk around the back of the car before getting in so that they can be sure there are no small children playing behind or underneath the vehicle. If there are children playing in the area, it is best to have them line up to one side of the driveway or on a sidewalk so that they are visible to you as you back up. Once inside and preparing to back out, check mirrors carefully in addition to using back up cameras before slowly moving the car. Keeping the radio off and rolling down the windows is also a good idea so that you can hear what is going on around you. Continue to check your mirrors as you leave because children’s behavior can be sudden and unpredictable.

Stayin safe requires education and vigilance. Following these suggestions can help keep your children safe both inside and outside cars this summer and in every season.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Fight for Injured Accident Victims

If your child was injured in an accident caused by the negligence of another driver, contact our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A. for help. To schedule a free consultation about your case, call 302-656-5445 today or contact us online. With locations in Wilmington and Millsboro, Delaware, we proudly serve clients throughout New Castle County and Sussex County.