Author: Eleanor Chandler

Distracted Driving Tops List of Car Accident Causes, Study Finds

Eleanor Chandler Lawyer , , , , , , ,

Being involved in Duluth Car Accident can be a frightening experience. Not only do you have to worry about potential injuries, but also medical bills and lost wages.

One of the leading causes of car accidents is driver error. From texting while driving to switching lanes too quickly, these types of actions can lead to deadly car accidents.

1. Driver Error

Car Accident

Car accidents are a part of life and can range from minor fender-benders to fatal collisions. While safety features on vehicles have improved over the years, human error is still a significant contributing factor in car accidents.

Driver errors are broken down into two types: decision errors and performance errors. Decision errors are mistakes made when a driver recognizes a dangerous situation but chooses the wrong action or inaction. Examples of this include running a red light, driving too fast for the current road conditions or ignoring a warning sign.

Performance errors are the physical mistakes a driver makes while behind the wheel. These can include everything from falling asleep at the wheel to failing to properly maneuver a turn or curve on the road. Some common mistakes that lead to car accidents include:

Internal and external distractions are the leading cause of distracted driving crashes. This can include things like talking on the phone, texting, daydreaming, and singing along to music while driving. Other factors that lead to driver error include not wearing seat belts, eating or drinking while driving, and adjusting controls on the vehicle without proper safety precautions.

Aggressive and reckless driving can also be dangerous for drivers and others on the road. These behaviors include speeding, changing lanes too quickly, failing to use rear turning signals, tailgating and more.

Weather conditions can also play a role in car accidents. Rainy or snowy weather can make the roads slick and difficult to drive on. Drivers should always pay attention to the road and slow down if they are in bad weather. If a driver fails to take these steps and causes a crash, they may be responsible for paying for the damages of those injured in the accident.

2. Poor Road Conditions

Even the most careful drivers can be involved in a car accident when road conditions are unsafe. Unsafe road conditions can include anything from potholes and major cracks to lack of lighting or inadequate signage. When these issues cause an accident, victims may be eligible for compensation.

Government agencies that oversee road maintenance and design may be liable for accidents caused by poor conditions on roadways under their control. Cities and states must ensure that roads are maintained properly, which includes keeping up with repairs and maintaining appropriate levels of lighting and signage. If a roadway defect causes a crash, the government agency in charge of that road must take steps to repair the problem. This includes ensuring that signs are clearly visible and that warnings about construction zones or other hazards are placed appropriately.

Other potential road defects that can lead to car accidents include improper guardrails, narrow lanes and confusing intersections. These factors increase the risk of collisions, especially at night or during bad weather.

In addition to causing serious injuries, car accidents caused by poor road conditions can be very expensive to resolve. Victims can face hospital bills, lost wages, medical treatment and ongoing rehabilitation expenses that can strain any family’s finances.

In cases involving dangerous road conditions, it can be difficult to determine who is responsible for the accident. If a private road was in question, then finding the person or company that owns the roadway could be straightforward. However, most roads are under the responsibility of a city, county or state government entity. In these instances, proving negligence can be more challenging as the law protects government entities from personal injury claims when they are acting in their official capacity.

3. Faulty Vehicles

Even though modern cars have become a lot safer, they are still mechanical in nature and can breakdown if not properly cared for. When a vehicle malfunctions, it can cause an accident that leads to serious injuries. This can happen if a key safety component, such as the brakes or airbag, is defective or fails to operate as designed.

These car accidents are known as defect-related crashes and can be extremely dangerous for those involved. If you are injured in a crash that you suspect may be the result of a faulty car part, you should speak to an attorney immediately. You could file a claim against the manufacturer or other parties that could be held responsible, including the dealership that sold you the car and/or the mechanic who worked on it.

A rear-end collision is a common type of car accident that occurs when a driver slams on their brakes to avoid hitting the vehicle in front of them, but loses control and slams into the back of the vehicle in front of them. These crashes typically occur at high traffic volume times, such as rush hour or when a driver is following too closely.

Head-on collisions are one of the most serious types of car accidents and often result in severe injuries and fatalities. They usually occur when two vehicles driving in opposite directions collide with each other, and are most likely to be caused by intoxicated or distracted driving, fatigued driving, road conditions and reckless driving.

When a vehicle accident involves a head-on collision, it can be very difficult to determine who is at fault. This is because both vehicles have a very strong impact on each other and it can be challenging to tell which vehicle came into contact with the head-on collision first. This is why it is important to seek the help of an experienced accident lawyer as soon as possible.

4. Vehicle Defects

A vehicle can be faulty in several ways and, even if the driver is doing everything right, they may lose control of their car and crash as a result of a mechanical failure. Whether it is from poor maintenance or a design defect, any of these issues could lead to serious injuries or death.

While automobile safety has improved significantly over the last few decades, there is still a substantial number of car accidents due to defective vehicles and parts. Sadly, car manufacturers often rush production and cut corners to meet deadlines, which can end up costing the lives of consumers. This is evident by the number of recalls that have occurred in recent years.

These defects can be anything from faulty airbags that deploy too early or with too much force to faulty tires that can cause you to lose control of your car. They can also include ignition and fuel system defects that can result in a fire that causes burn injuries after a crash.

Luckily, you can help prevent mechanical failures by regularly performing maintenance on your car and getting it in for regular inspections. However, if you suffer an accident from a manufacturing defect or any other type of car problem, it is important to have documentation from a New York mechanic that proves the cause of your accident.

When a vehicle has a defect, the manufacturer or the company that installed the part may be liable for your damages. Our team of lawyers at Buttafuoco & Associates has the experience and resources to take on large auto manufacturers and their insurers to get you the compensation you deserve for your injuries.

5. Other Factors

Car accidents are often caused by external factors that are not related to driver error, such as bad weather or road conditions. These external factors can cause a driver to lose control of their vehicle or fail to see a hazard in time to avoid it.

These factors can include a variety of things, such as the physical condition of the roadway, weather conditions and even the mechanical performance of a car’s brakes and tires. It is not possible to account for every possibility that could have contributed to an accident, but having a general understanding of the most common causes can help if you are involved in a crash or considering making a car accident injury claim.

Distracted driving is a leading cause of accidents. Whether it’s sending a text, talking on the phone or eating a snack, distraction causes your brain to switch between tasks, making you less able to consistently focus on the road ahead of you.

Speeding is another common cause of car accidents. Whether they are running late for work, trying to keep up with traffic or simply enjoying the feeling of being behind the wheel, many drivers forget how dangerous it is to drive above the speed limit.

Other forms of reckless driving, including tailgating and switching lanes without a signal, also contribute to a large number of accidents. Then there is the dangerous combination of alcohol and drugs, both legal and illegal. Having even one drink can impair your ability to react quickly enough if the driver in front of you suddenly brakes. This can lead to a deadly rear-end collision. It is never okay to drink and drive.

Asset Protection Planning

Eleanor Chandler Lawyer , , , , ,

Many people do not consider the need for an asset protection plan until they are threatened by a lawsuit. Unfortunately, this is too late for effective legal fences to be erected around assets. Those who should consider asset protection include anyone who could potentially be sued for professional malpractice, such as doctors and lawyers, or those looking to minimize extra capital gain taxes on property. An experienced Asset Protection Lawyer at https://jdblawfirm.com/ can design a strategy that makes sense for your unique circumstances.

Trusts

Asset Protection Planning

The premise of asset protection is that a person can legally separate his or her ownership of property from actual possession. This may help prevent assets from being seized by creditors or lost through lawsuits, divorce settlements and other events. Various legal vehicles can be used for this purpose, including trusts. An experienced estate planning lawyer can help a client decide which trust to use and determine the best timing for the transfer of assets into the trust.

An irrevocable trust is an essential tool for protecting assets from future lawsuits or judgments by creditors. A trustee manages the trust’s assets on behalf of beneficiaries, who typically do not have direct access to the assets. The trustee can also set up a spendthrift clause to prevent the beneficiary from selling or giving away trust assets without specific stipulations. In addition to providing a level of security against creditors and lawsuits, an irrevocable trust can protect the beneficiary from taxes imposed by the state or country in which the trust is located.

Another type of trust is the domestic asset protection trust (APT). A domestic APT is a tax-efficient vehicle to shelter assets from creditor claims and lawsuits. A domestic APT can be established with a single beneficiary or multiple beneficiaries. The trustee is appointed by the grantor, and can be a family member or a professional. The trustee can control and manage the trust’s assets, as well as make distributions to the beneficiaries.

However, a domestic APT should be considered carefully before making the decision to establish one. It must be made clear to creditors that the APT is intended to shield assets from creditor claims and lawsuits. If the creditor or plaintiff can prove that the APT was created in order to avoid paying a debt or obligation, a court may invalidate the APT.

A legal vehicle that offers the most protection from creditors and lawsuits is a foreign asset protection trust (FAPT). A FAPT is a complex structure to establish, but it can provide significant benefits for a wealthy individual. A FAPT can protect assets from a spouse’s claim in the event of a divorce, and it can reduce or eliminate federal estate taxes. A FAPT can also be used to secure Medicaid benefits, although a person must meet certain eligibility requirements.

Limited Liability Companies (LLCs)

The use of a limited liability company is one of the most common and effective strategies for protecting assets against claims by creditors or judgment holders. These business entities are created by state law and, in most cases, provide a strong barrier between a creditor and the personal assets of the owners.

In many cases, the formation of an LLC can help to minimize federal income tax expenses as well, which can significantly reduce the amount of taxes a business pays. These benefits make the LLC a popular choice among entrepreneurs who want to incorporate their start-ups.

However, the protection offered by an LLC is not entirely foolproof, especially when it comes to non-business claims such as malpractice lawsuits or negligence claims for accidents. For this reason, some business professionals and property owners choose to combine an LLC with an asset protection trust to offer additional security against such claims.

The main benefit of using an LLC for asset protection purposes is that the entity’s statutes generally prevent creditors from seizing the company’s assets. Instead, a creditor can be granted what is known as a charging order. With a charging order in place, a creditor can only obtain the debtor-member’s distributional interest in the LLC, but not the ownership or control rights.

Another advantage of an LLC is that the entity is able to be managed by its members, who can include non-owners or professional managers. This can allow for a great deal of flexibility when it comes to day-to-day operations and can be a great asset protection strategy as long as the operating agreement is properly written.

The operating agreement should also specify that the LLC is a separate legal entity from its owners, which will further protect the personal assets of the members. It should also state that the owners will not be liable for the corporation’s debts, breaches of contract or damages to third parties caused by the corporation or its employees. In addition to an operating agreement, an LLC can be strengthened with the use of a partnership trust and offshore locations that offer superior protection to what is available in the United States.

Family Limited Partnerships (FLPs)

A family limited partnership is a very useful tool for asset protection planning. It functions much like a limited liability company (LLC). The difference is that FLPs are primarily used by families and can include non-family members as partners. They also offer a more flexible management structure.

FLPs allow family members to centralize all their assets in one entity and can help prevent the loss of personal assets in a lawsuit or bankruptcy. The family can also decide how income and distributions are allocated among partners. This is especially important for people with a significant number of assets, such as real estate income properties, intellectual property and business interests. It’s essential to segregate high-risk assets from low-risk ones to minimize risk.

Creditors are unable to touch assets in an FLP. In addition, a well-drafted partnership agreement can limit the rights of creditors to a charging order, which is an attachment against the general partner’s share of the profits and income generated by the entity. This is not a full shield, but it can be enough to force the creditor into settlement negotiations with the partners and reduce the value of their claims.

Depending on the state, an FLP can also provide tax advantages. Many states consider FLPs to be pass-through entities and therefore are exempt from federal income tax. This can save on taxes for many families with substantial assets.

Finally, FLPs can be used to transfer ownership to heirs in a tax-efficient manner. Parents can transfer ownership of their FLP interest systematically over time, utilizing gift exemptions and valuation discounts. This can be particularly beneficial for affluent families who want to transfer their wealth to younger generations.

We often use FLPs in conjunction with other sophisticated techniques to achieve comprehensive asset protection. For example, we may recommend separating business assets from personal ones in an FLP and placing those assets inside of a Living Trust. In this way, a judgment creditor can only go after the business assets in the FLP, while keeping his hands off your personal home, bank accounts and other personal items.

Corporations

In many cases, a business owner will use some of their own personal assets to start up and run a successful enterprise. This might include cash, property and credit. As a result, their personal assets may be at risk from the business’s creditors or legal liabilities. Forming a corporation or other legal entity can help to safeguard the business’s assets and separate the owners’ personal assets from those of the company. The most useful type of structure for this purpose is a limited liability company (LLC), but there are other options as well. A consultation with an asset protection and estate-planning professional will help to determine the best business structure for a specific situation.

While some people attempt to protect their assets by hiding or concealing their ownership of property, this is illegal and can be considered fraudulent under the Uniform Fraudulent Transfer Act of 1984. Effective asset protection planning involves the legal restructure of assets to reduce exposure to potential liability in conjunction with estate and tax planning goals. This process should be started before a claim or liability occurs because it is often too late to implement any meaningful asset protection strategies once a lawsuit is filed.

The types of assets that are at risk from creditors and civil judgments vary according to the individual’s circumstances. The most common assets at risk from lawsuits are cash, real property and investments. Those in professions that carry some level of liability, such as doctors and lawyers, might need more substantial asset protection strategies than those who are less at risk.

A qualified estate planner can help to reposition assets so that they are out of reach from creditors and civil judgments. However, this is not a quick or temporary fix. It must be done well before a claim is made against you or you anticipate that a claim will be made. Waiting until a lawsuit is filed exposes any asset protection strategy to attacks and reversal by a court, and it’s too late to employ any significant strategies once a claim or threat arises.