Personal Injury Archives - Jan Dils, Attorneys at Law, L.C.

Archive for Personal Injury

Taxes and Your Personal Injury Settlement

It’s the most wonderful time of the year. The holidays are over, spring just arrived, and a lot of us are preparing for tax season and all the pomp and circumstance that accompanies this time of year. I’m a simple fella from Parkersburg, West Virginia. It only takes me about 30 minutes to complete my tax return. As a single person with no kids, I keep my expectations low regarding returns. If I am lucky, I’ll have enough money in my refund to buy some new bedding and possibly get some new sconces for my bedroom. Not everyone has it as simple as I do. For instance, my sister once won a “Rock, Paper, Scissors Contest” sponsored by Anheuser-Busch. Yes, you read that correctly. The result of her “championship” was a free trip for two to Las Vegas for the national Rock Paper Scissor Championship Tournament. Once again, this is all real. It was on TV and everything. Between the flight, hotel, and other prizes, the trip was valued at over $4,000. Come tax time, my sister had to count this as income and pay taxes on the prize. Luckily for my sister, she didn’t have to pay too much on a $4,000 prize. However, if you are awarded something like a new car, or a fancy vacation, or really, most prizes valued over a specific amount, you must pay taxes on the prize. This is why so many people forfeit whatever base model car they win on “The Price is Right.” Recently, a friend of mine asked me if she would have to count her personal injury settlement as income the way prize winners do. I honestly didn’t know, so I thought I’d dive into this topic deeper.

I was hoping to find a simple yes or no answer when I started researching this topic. However, I realized I was dealing with both taxes and law, so I was a tad naïve to think anything would be simple. The quick answer no, you don’t have to pay income tax on your personal Injury settlement. So, you may be thinking, “are there exceptions to the rule? We’re dealing with the government, so, of course, there are exceptions.

The official statement from the IRS is as follows:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.


If you receive a settlement for personal physical injuries or physical sickness, you must include in income that portion of the settlement that is for medical expenses you deducted in any prior year(s) to the extent the deduction(s) provided a tax benefit. If part of the proceeds is for medical expenses you paid in more than one year, you must allocate on a pro rata basis the part of the proceeds for medical expenses to each of the years you paid medical expenses. See Recoveries in Publication 525 for details on how to calculate the amount to report. The tax benefit amount should be reported as “Other Income” on line 21 of Form 1040. (read the entire IRS Publication here)

If you have received a settlement from a personal injury claim, and you’re not sure if you used any of your settlement for medical expenses, or if you just have general tax questions, it may be beneficial to consult an accountant. Keep in mind that many accountants focus on taxes just like we focus on Personal Injury Law. Another option is a step by step accounting program. Many of these pop up during tax season, and some offer live help either by text chat or video conference.

If you’d like to know more about the types of services we offer, or if you’d like to talk to someone about your personal injury claim, call us today for a FREE consultation. Our toll-free number is 1-877-526-3457. If you’re not available to chat now, fill out this form so that we may contact you at a later time.

What You Need to Know About Rental Car Recalls

Last year I rented approximately 12 cars. This year I plan to rent just as many. I enjoy renting because there is far less wear and tear on my own car. I am also in the market for a new vehicle. So, renting allows me to do more than just test drive a car, I get to spend a few days with a potential car. Honestly, my joy of renting goes far beyond testing cars. When I pull up to my local Enterprise location I channel Ryan Bingham from the film “Up in the Air.” They sometimes allow me to choose my own car, and it feels almost Godlike. Maybe I take things a bit too far at the rental agency, but it’s one of my few joys in life. I recently found out some troubling news that made renting a little less majestic. Until the spring of last year, rental car companies did not have to abide by recall notices. In other words, they could rent cars to people that were possibly dangerous.

First the good news; it’s no longer allowed. It’s federal law now that a rental car company must fix any recalled car before it’s rented out to the public. Once again, until the late spring of 2016, it was common practice to rent defective cars to individuals. In the past, there were several cases of individuals dying as a result of renting a recalled car. However, the case that eventually led to the federal law occurred 10 years ago. In 2004 Raechel and Jacqueline Houck were killed when the cabin of their rented Chrysler PT Cruiser when it filled with the smoke. The driver was blinded by the smoke, lost control, crossed the median, and struck a semi truck. The parents of the victims sued Enterprise Rent-a-Car citing negligence. The PT Cruiser was involved in a recall one month prior to the rental. There was an issue with a leaky power steering hose that could result in a fire. That is what occurred with these two victims, and eventually, Enterprise admitted to their wrongdoing. In 2010 the parents were awarded $15 million dollars in damages.

If you’re reading this, you’ve likely dealt with a safety recall before. Most people know that the cost of these repairs are covered by the manufacturer. This includes the recall issued by Chrysler back in 2004 for the PT Cruiser. If that is the case, why didn’t Enterprise have the vehicle fixed? The following was originally published in a blog in 2010:

According to a sworn statement by Mark Matias, manager of Enterprise’s Northern California area, it was regular company procedure to go ahead and rent a recalled car, even before the repair work had been done. Matais said the known company policy was this, “you’ve got to keep booking because you don’t know when you are going to get a car back. But then, of course, you run short on vehicles, and if all you have are recalled vehicles on the lot, you rent them out. It was a given. The whole company did it.”

Matais concluded, “If a priority recall appears on the computer screen in the rental office, the employee is required to write the word ‘recall’ on a Post-it note and place it on the key in an area designated for non-rentals, but nothing prevents an employee from renting that vehicle.”

Twelve years later, thanks in part to efforts made by the parents of Raechel and Jacqueline Houck, it’s illegal for a rental company with more than 35 cars in their fleet to rent you a defective car. Unfortunately, it’s not illegal for a dealer to sell you a car with recall notices.

If you’ve been injured because of a defective vehicle, give us a call today for a free consultation and take some time to learn about the services we offer. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form, and we’ll call you at a better time.

10 Driving Tips for the Last Minute shopper

It’s Christmas Eve, a Saturday, and our economy is doing better than it has in years. If you need to shop today, you may be experiencing the perfect storm of shopping hazards. It’s no secret that conditions on the road get worse as the Christmas Holiday draws near. People are impatient, traffic is a mess, and no one wants to pay attention to their surroundings. However, with a little preparation, and a clear mind, you too can shop safely this weekend. Here are 10 Driving Tips for the Last-Minute Shopper.

  1. Plan your trip in advance. Too often people waste time and get distracted by heading into a shopping center without a plan. Any major shopping center will be congested this weekend. Try to plan where you want to go in advance. I made the mistake of trying to buy a gift on my lunch break yesterday. This was a huge mistake. I had no time to get what I need and I was almost involved in two accidents. Plan your route out before you go, and try to make use of surface roads or roadways that may be less congested. I personally have a special way of getting to my local mall that saves a lot of time and avoids dangerous intersections.
  2. Don’t drive distracted. This is a perfect rule for any time of year, but especially the holidays. You’re going to be experiencing much more congestion than you are used to. There will be a lot more opportunities to wreck. No one needs to see your Snapchat photo of what it’s like to sit in traffic. From a social media standpoint, that’s basic. We all know what it feels like to sit in traffic. From a safety standpoint, you’re acting in a dangerous way that may end with you getting a ticket.
  3. Lock your doors. This may seem obvious, but take a second to make sure your key fob is actually locking your doors. A few years ago, my key fob failed, but I was unaware of it for several weeks. I used it to lock and unlock my doors. But I would always wait until I was a few steps away from the car to hit the button. It turns out that my car was still honking when I pushed the button, but the doors were not locking. As soon as you get out of your car, hit your lock button, and make sure your doors are indeed locked.
  4. Don’t rely on your driving aids alone. Backup cameras are fun, but they are meant to aid you in your reversing. Be sure to use your mirrors and look around you as well when backing out of a parking lot. Also, if there is a bunch of salt on the road, your cameras will probably
  5. Don’t show off your purchases to potential thieves. My car is always a mess and I don’t utilize my storage space properly. I have a lot of stuff in the back seat taking up space and my trunk is full. So, most thigs that I buy are out in the open for everyone to see. Further, my car has very large non-tinted windows. It’s almost as bad as putting a sign on the roof that reads “please rob me.” It is easy for thieves to look in my car and see my purchases. So, you and I both need to see what we can do to hide our stuff. I’ve always been jealous of SUV owners because so many of these vehicles have shades for the back of the vehicle. Plus, many SUVs have dark tinted windows in the back. Between the dark tint and the cargo shade, it’s almost impossible to see in the back of most SUVs. There are other ways to hide your belongings, though. Hide things under the seat, make use of glove boxes, or even simply cover your items with a coat or tasteful sweater.
  6. Try not to leave your auto in one spot for too long. I love shopping at the Easton Town Center in Columbus. It’s not so much a mall as it is a shopping destination. It’s kind of like Jurassic World meets retail therapy. I’ve been there for more than 8 hours in one trip before. I’ve left my car in the same are for the entire time too. In fact, I walked back with my purchases to the car, put them inside and then left to go have dinner and watch a movie. If a thief was watching my activity, he/she would notice that my car had sat for a while, and it would be a good opportunity for them to break into my car. As a side note, I claim to have been cursed with amazing taste, so criminals definitely want my purchases.
  7. Good lighting is a must for perfect selfies, safe parking. I tend to park as far away from the entrance of stores as possible. It keeps my car from getting scratched up by irresponsible motorists and rogue shopping carts, but it usually means poor lighting. If you’re in an area with poor lighting you’re more likely going to be a target for someone to attack you or break into your car. Plus, the closer to the store you park, the more likely your car will be on a surveillance camera. Thieves are less likely to steal if there are witnesses or cameras nearby.
  8. Shopping Buddies make great friends and security guards. It’s no secret that shopping alone during the holidays can be difficult. It’s always a good idea to take someone with you. A lot of men will likely ignore this because they feel as if they are invincible. I am a large guy who is 6’4.” But if I am by myself and have to fight a group of people or one Rhonda Rousey, I am not going to win. Teamwork makes the dream work.
  9. Be aware of where you’re shopping. Once again, I travel to Columbus to shop often. I know which communities to avoid. In larger cities, there are places to shop that are in safer areas than others. Try to avoid areas with higher crime rates if possible.
  10. If you’re going to use Social Media, don’t tag your location. I am a social media guru. I love it all and know how to use it quite well. Let’s say we were all hanging out at a large shopping center like the Easton Town Center in Columbus. Well, if I get on Instagram, I can simply type Easton Town Center and Instagram will show me all the most recent photos taken there. As luck would have it, the third picture that showed up was a photo of someone’s vehicle, parked next to a sign for the garage they were in. Their caption said that they would return in an hour. So, in one post, I knew exactly where their vehicle would be, how long they’d be gone, the license number, and when I clicked on his account, I saw exactly what he looked like, so I would know if he was near his vehicle. Plus, he parked in an area where there would not be many witnesses. This is not smart. Do not geotag yourself.

Use these tips, common sense, and do a little planning this weekend and you’ll likely be fine. However, if you are involved in an accident, or if you’re injured, call us for a free consultation. Our Toll-Free number is 1-877-526-3457. If now isn’t a good time, fill out this form and we will be happy contact you at your desired time.

Driving Tired: A Comprehensive Look at a Growing Epidemic Among Motorists

Recently while trying to kill some time before a social event, I played a game of Would You Rather with a group of friends. For those who may be unfamiliar with the game, participants are given two situations in which they have to decide which they’d rather do. For instance; would you rather have the ability to fly or would you rather be invisible. You have to decide which situations you’d rather have or do. Would you rather be 10 pounds lighter or 10% smarter? Sometimes the questions can get very specific and very difficult. For instance, would you rather spend an evening with the Kardashians in which you have to compliment themKardashin every six minutes, or spend 8 months in jail? There is no right answer to that question. However, I was asked a question during this game that was very difficult to answer. I believe my response was different than what most people would say. I was asked: would you rather be given an all new Dodge Challenger Hellcat with free insurance for life or be guaranteed a full nights rest every night for the remainder of your life. That was tough. It’s my dream car versus something I desperately need. I chose to be able to sleep easily the rest of my life.

Why would someone as materialistic as me choose sleep over the car I so desperately want? Truth be told, I have a reliable car already. While I’ll admit that an eleven-year-old Chevy Malibu isn’t going to be featured in the next Fast and Furious movie, it gets me where I need to be. Sleep is something that I rarely have. Full disclosure, if I get more than four hours of sleep per night, I consider myself lucky. I find that I am actually jealous of people who don’t have difficulty sleeping. I’ve tried medication before, but it either didn’t work, or it made me not function at all.

Some people might be asking why this is such an issue. Obviously, our bodies need sleep. That’s why we do it. But the lack of sleep is very unhealthy. WebMD States that lack of sleep can cause you to gain weight, become depressed, have impaired judgement, and possibly worst of all, and have bad skin.

sleepy dogIf I were to do an informal poll in any group, most people would agree that driving while intoxicated is wrong. Alcohol impairs your judgement, delays your reaction time, and makes it difficult to concentrate. Lack of sleep impairs your judgement, delays your reaction time, and makes it difficult to concentrate. So, those two symptoms are the same, yet, a lot more people will drive a car with lack of sleep than they will while intoxicated. And of course, driving while intoxicated is illegal while driving while sleep deprived isn’t. Or is it? It actually depends on where you live. Take Arkansas for instance. This state Classifies “fatigued driving” as an offense under negligent homicide- punishable by a class A misdemeanor- when the driver involved in a fatal accident has been without sleep for 24 consecutive hours.

How bad is it? Well, it’s much worse than you may think. The CDC is currently attempting to make the public aware of the severity of the problem. They shared this statistic on their website:  The National Highway Traffic Safety Administration estimates that drowsy driving was responsible for 72,000 crashes, 44,000 injuries, and 800 deaths in 2013.4 However, these numbers are underestimated and up to 6,000 fatal crashes each year may be caused by drowsy drivers. In comparison, the CDC states that in 2014, 9,967 people were killed in alcohol-impaired driving crashes. So, while the number of deaths relating to intoxication is much higher than that of drowsy drivers, it’s still a major issue on our roadways.

This issue impacts far more drivers than we realize also. The CDC website also states that more than 70 million Americans suffer from sleep disorders. That number is staggering. In addition to individuals who have traditional sleep disorders, some people may be at risk if they are simply in a situation that is not traditional. Persons taking part in shiftwork, commercial/long haul drivers, and persons on road trips may experience issues with drowsy driving. Further, any person taking a new medication that causes drowsiness may be impacted too.

Like drunk driving before it, drowsy driving is easy to prevent. Follow these easy tips to prevent drowsy driving:

  1. Plan a sleep schedule. It’s easy to do. Actually, a lot more adults are setting bedtimes In fact, it’s recommended to do this to keep your body on track. Going to bed at the same time every night will help you sleep better.
  2. Don’t let FOMO get the best of you. FOMO, or Fear of Missing Out, is impacting more people each year. I have a lot of issues with this. One of the reasons I can’t sleep is because I am using social media every night instead of sleeping. I don’t want to miss a good Tweet or a photo on Instagram. Snapchat has ruined my life because I follow so many interesting people. But, it can wait. Most doctors will actually recommend sleeping in a room without a television or a mobile phone. My personal doctor even stated that I shouldn’t eat in my bed. I didn’t listen of course, but it makes sense. Your mind should associate bed with sleep. If you are doing everything else in there, it will confuse your mind.
  3. When driving long distances, be sure to split the duties with someone else, or make other arrangements. There is nothing more fun than going on a road trip with some friends. Just make sure to split the driving shifts. I have a friend who really struggles to let other people drive when on a trip. It has something to do with him wanting to constantly feel in control. It’s quite annoying and actually unsafe. Let someone else take the wheel. I’ll be traveling early next month by myself. My trip is about 8 hours total. While I could easily drive that by myself, I am stopping part of the way through to spend the night in Charlotte. I will also do this on the way home.
  4. Keep your mind awake. Have you ever noticed that if you’re driving in your car with the radio off and the windows up, that it’s the perfect recipe for drowsiness? I have caught myself being less alert in these situations. Recently on a trip home from Pennsylvania, I noticed that I was starting to feel sluggish. I stopped by a local gas station, purchased a soda, and downloaded the entire 2nd season of the Serial Podcast. I was alert for the rest of the trip. The reason, the podcast was very interesting, and this helped me stay alert. Plus I learned a lot along the way. Even if podcasts are not your thing, listen to high energy music, or even roll the windows down.
  5. Take a nap at a rest stop. I think too often people are embarrassed to sleep in their cars at rest stops. That is one of the primary reasons they were invented. Pull over for a few hours and get some sleep. For me, that can be a little difficult because my car is small and I am not. But, I’d much rather take an uncomfortable nap than fall asleep at the wheel.
  6. Call for a ride. Two years ago I would have suggested calling a taxi, but there are so many more options now. Use a ride-sharing service like Lyft or Uber. Or if you really want to treat yourself, use UberBlack or UberLux. You should reward yourself for making a responsible decision. For the people who may complain about the cost of a taxi or Uber, it really beats the alternative…death.
  7. Don’t rely on driving aids. Cars are currently so advanced. They will help you park, they will let you know if there is someone in your blind spot, and some cars can even wake you up if you leave your lane. You might say that these driving aids are going to save a lot of lives. While it is likely that these systems have helped people avoid accidents, they don’t always work. Recently, while test driving a car equipped with a lane departure warning system, the system would not engage with the reprehensive was trying to demonstrate it for me. The popular Automotive Television show Top Gear also showed how these systems can fail on their program. So, you really can’t rely on a driving aid to avoid an accident. The best safety feature is an alert and active driver.

Overall, it’s really a difficult time to be a driver. In 2016, cars are much safe than before, but drivers are not. If you’re involved in an accident with a driver who was negligent because of a lack of sleep, the insurance may try to make things difficult for you. This is especially true if you have injuries as a result of the accident. Call us today for a fee consultation. Our toll-free number is 1-877-526-3457. If you’d rather contact us after hours, fill out this form, and we’ll call you at a more convenient time.

Leading Acid Reflux Drugs May Lead to Chronic Kidney Disease, Renal Failure

Our firm has three areas of concentration; Personal Injury, Social Security, and Veterans Disability. Part of my job involves talking to Veterans about their disabilityPi Photo Shoot 1 122 benefits. One common trend among Veterans who served in Iraq is gastroesophageal reflux disease or GERD. So many Veterans from this era have gastrointestinal issues. It’s so prominent that issues like GERD, acid reflux etc. are presumptive conditions for Vets who served in the Southwest Asia Theater of Operations. When you speak to as many Veterans as I do, you start to notice trends. One trend I noticed quickly amongst this group was how they were told to treat the condition. Almost every Veteran I spoke to was given Prilosec, Nexium, or some generic version of the aforementioned products. These products are grouped together as Proton Pump Inhibitors (PPI). Recent reports state that these products may be much more harmful than previously thought.

Before we get into the danger, let’s first look at how a PPI like Nexium works. With the exception of the three years that I was obsessed with Grey’s Anatomy, I have no medical background, so I did what everyone else without a medical degree does, I went to WebMD.  Their website states that Proton Pump Inhibitors reduce the production of acid in the stomach. This leaves little acid in the stomach juice so that if your stomach juice backs up into the esophagus, it is less irritating. This allows the esophagus to heal.

To be honest, I have acid reflux. It’s actually been diagnosed twice in my past. Each time I was given a PPI and told to take it x amount of times per day, and I would be healed. Both times I took the pills and they didn’t do anything. I realized that they weren’t for me. So I stopped taking them. I instead modified my diet. As a native West Virginian, it was a hard to give up pepperoni rolls, but I’m no longer up all night with acid reflux pain.  It turns out that my refusal to take the medication may have been a good thing.

Do any research on these medications and you’ll find out how safe they are. Side effects generally include fever; cold symptoms such as stuffy nose, sneezing, sore throat; stomach pain, gas; nausea, vomiting, mild diarrhea; or a headache. If it’s so safe, why is it in the news right now? A trip to the Prilosec website offers some insight into this issue.

Procter and Gamble are the makers of Prilosec and Prilosec OCT. The latter is the version you can buy over the counter. They must be serious about the issues with GERD because they hired a medical expert, Larry the Cable Guy to endorse their product. (He seems like a Hobart man.) Kidding aside, I thought it would be important to see how much these companies are doing to educate their consumers about risks associated with prolonged use. Beneath the scrolling banner featuring Larry the Cable Guy, and next to the link for a coupon, I found the FAQ’s and warnings. In this section, it states very strictly that Prilosec should only be taken for a 14 day period. If your issues last for more than 14 days, contact your medical care provider. The Nexium website isn’t as fancy as the Prilosec site. They don’t have any comedians endorsing their product, and more importantly, they didn’t have any warnings about the length of time recommended for the product. This is in sharp contrast to the Prilosec site that had several warnings. Further, Prilosec is making use of their retargeting campaign to warn consumers about the length of time associated with their product. All of their banners state that you shouldn’t take it for more than 14 days.

Pi Photo Shoot 1 099At this point, you must be wondering what the big deal is about PPIs. For a drug that has no major side effects, there is an awful lot of talk about going on right now about the issues regarding extended use. My own mother has used Prilosec and Nexium  for years. Her doctor still recommends that she take it every day. So, it can’t be that bad, right? Well, it turns out that it can be that bad, and actually much worse. A recent Consumer Reports article sheds some light on the issue with the extended use of PPIs. Their article, which references a recent study by the Journal of the American Society of Nephrology, states that up to 70 percent of people who take a PPI might not need such a potent acid reducer and could get just as much—or more—relief from a safer heartburn remedy.

The study goes on to state that extended use of these drugs can lead to heart disease and dementia. Regarding Kidney Disease, one section of the Consumer Reports Article really stood out: researchers followed nearly 200,000 patients treated through the Department of Veterans Affairs (VA) for five years and found a roughly 20 percent higher risk of kidney disease in those who took PPIs compared with those treated with a different class of heartburn drugs called H2 blockers, such as Pepcid AC and Zantac.

While there is no definite reason why this is occurring, it’s suggested that it may be related to PPIs reducing stomach acid. A person with reduced stomach levels may have issues absorbing iron, magnesium, and Vitamin B-12. Once again, my mother has been taking a PPI for years and has issues with iron, magnesium, and B-12 deficiency. She also has chronic kidney disease.  The report also mentions that a PPI may lead to an allergic reaction that causes swelling inside the kidney and keeps it from working properly.

The risks don’t stop there. Consumer Reports goes on to state that stomach acid kills bacteria. As I mentioned earlier, a PPI works by reducing stomach acid. If you have less stomach acid then you are more likely to get infections from bacteria. According to the research, this may increase your risk of bacterial pneumonia, food poisoning from campylobacter and salmonella bacteria, and an infection caused by the bacterium clostridium difficult which can cause severe diarrhea, fever, and even death.

There is a lot to digest here. The first thing that came to mind for me was my mom. Doctors have not been able to determine why her kidneys are failing, and this may be the missing link. Personally, I don’t plan on taking a PPI anytime soon, especially when there are other options available. Be sure to ask your doctor about what steps you should take now to make sure you are safely treating for any gastrointestinal issue. If you have been taking a PPI for a long period of time, you may want to ask a medical professional if it’s safe to continue.

So, what should you do if you have chronic kidney disease and were prescribed a PPI like Nexium, Prilosec, or Prevacid? Well, there are some lawsuits pending at this time against the parent companies of all of these products. These are considered mass tort claims. But you may wonder how the companies may be liable. For one, the products were not labeled properly, this is especially true of the over the counter version. Only now are they pushing the 14-day limit by way of advertising. Other lawsuits have cited the manufacturer didn’t properly warn consumers about the side effects. If you took any of these medications for an extended period of time and are now suffering from kidney disease, give us a call for a free case evaluation. Our toll-free number is 1-877-526-3457. If you’d rather be contacted at a more convenient time, click here and a representative will call you.

Dash Cam Confessional: The Truth About How Dash Cams Impact Your Personal Injury Claim

It wasn’t long ago that the only modern technology in our cars was a tape deck. Jamming out to both sides of the latest REO Speedwagon cassette was pretty high-tech in the late 80’s and early 90’s, but the game has changed. Cars can play your music from your iTunes account, not with the push of a button, but rather with the sound of your voice. On some cars, you can gesture to open the doors or even turn on the radio, and the current line-up from Tesla even allows the car to steer on its own. However, no cars are currently offered from the factory with a dash cam.
Dash cams aren’t really new technology; police officers have been using them for decades. Also, they’ve been quite popular in Russia for quite a while. Even I’ll admit that I’ve spent way too much time watching dash cam videos from Russia on YouTube. However, dash cams are just starting to catch on in the United States. But, how can they impact a Personal Injury claim?

While dash cams are great for a lot of reasons, keep in mind that they aren’t some sort of miracle device. Simply having footage of your wreck alone won’t prove fault, and won’t necessarily help you get a settlement. For instance, if you were involved in a rear-end collision, and your dash camera was pointing out the front of the vehicle, it’s not going to show much of your accident other than the moment of impact. This footage will not likely show the driver who impacted you, what they were doing to cause the accident, or if they were at fault.
This is not to say that a dash cam can’t do a lot to prove fault in your accident, though. This is especially true if you have a good angle of what occurred. Take for instance the video we have featured here. This person actually had both front and rear cameras in their vehicle. In this accident, the vehicle with the dash cam was hit from behind. While rear-end collisions generally place fault with the driver of the trailing vehicle, a few unique things happen in this particular wreck that may help prove the extent of injuries for the driver of the lead vehicle. For one, the driver was texting and driving. In fact, he does not lay his phone down for quite a while after he impacts the van. So, that footage could be used to say the driver of the truck was being negligent. It’s also possible the footage could be used to cite the driver of the black truck for multiple violations. For instance, the driver of the black truck was not wearing his seatbelt. Now, where the real unique part of this video comes in into play is when the driver of the truck collides with the van. He actually hits the accelerator relatively hard. So, there is the initial impact, and then the secondary impact of the truck pushing the van. The black truck weighs at least 10,000 pounds. So, if the driver of the van was injured, an attorney could argue about severity based on the footage.
As time progresses, and as the public becomes more aware of dash cams, we will start to see more and more of these videos come into play in personal injury cases. If you are going to install one in your car, make sure that you’re not violating any state laws, and make sure that they are not obstructing your view. Dash cams come in all shapes and sizes, so they can be a little tricky to set up the first time.
If you’ve been involved in an accident and are seeking legal representation, call us today for a free consultation. Our toll-free number is 1-877-526-3457. You can also fill out this form now, and a representative will call you at your convenience.