Dealing With Permanent Disabilities After a Connecticut Car Crash

/by

Experiencing a car crash can be a life-altering event, especially when it leads to permanent disabilities. In Connecticut, where bustling roads are a part of daily life, accidents happen all too often. Coping with the aftermath of such an event can be overwhelming, not only for the individual involved but also for their loved ones. Are you current recovering from a car crash?

Get in touch with a car accident lawyer in Connecticut today. 

If you or someone you love has suffered a permanent disability in a car collision, it’s important to explore your legal options. Call The Dodd Law Firm at 475-275-8649 to set up a time to meet now.

Permanent Disabilities After a Car Crash

Permanent disabilities can arise from the severe injuries sustained in a car crash, leading to significant changes in your daily life. These disabilities may include issues like loss of mobility, cognitive impairments, or chronic pain, which can affect everything from walking to thinking clearly. It’s essential to remember that while these changes can be overwhelming, you have resources to help you adapt.

Reaching out for help is a critical step. Specialists, such as physical therapists or occupational therapists, can guide you in regaining as much function as possible. They can provide exercises and strategies tailored to your specific needs, helping you adjust to new ways of doing everyday tasks.

Additionally, it’s important to acknowledge the emotional toll of dealing with a permanent disability. Feeling frustrated, sad, or anxious is normal, and seeking support from mental health professionals or support groups can make a big difference. Connecting with others who are going through similar experiences can provide comfort and practical advice.

Remember, adapting to life with a permanent disability takes time and patience. It’s okay to seek help and lean on those around you as you navigate this new chapter.

 

The Importance of Medical and Psychological Support

Accessing medical and psychological support is vital for recovery and overall well-being after a car crash. Medical professionals can create personalized treatment plans to help you regain independence and manage symptoms. Regular visits to doctors, physical therapists, and occupational therapists can make a big difference in your physical recovery journey.

Equally important is taking care of your mental health. The emotional stress of coping with permanent disabilities can be significant, so seeking help from mental health professionals or joining support groups can provide valuable relief. Therapists can offer strategies to manage feelings of frustration, sadness, or anxiety, helping you maintain a positive outlook.

Don’t overlook the benefits of connecting with others who understand what you’re going through. Support groups can be a great resource for sharing experiences and practical advice. These connections can provide both emotional comfort and encouragement.

Remember, addressing both physical and mental health needs is essential for a balanced and fulfilling life post-accident. Reaching out for medical and psychological support is a strong, proactive step towards healing and adjusting to your new circumstances.

 

Adjusting to a Loss of Income

Losing your income after a car crash can be incredibly stressful, especially when dealing with a permanent disability. It’s important to know that there are resources to help you manage this financial strain. First, look into disability benefits, which can provide a stable source of income.

You may also be eligible for various insurance claims that can cover medical costs and lost wages. Exploring alternative employment opportunities is another option. Some jobs can be modified to fit your new abilities, or you may find new career paths that are more accommodating. Seeking advice from a financial advisor can also be beneficial. They can help you budget and plan for the future, ensuring you have the financial support you need.

 

How Families May Be Affected

Permanent disabilities can significantly impact families, bringing emotional and financial challenges. Family members may feel overwhelmed by new responsibilities, such as caregiving or managing household tasks. It’s essential to maintain open lines of communication to share feelings and coordinate efforts. Emotional strain is common, so seeking support from counselors or joining family support groups can help everyone cope. Financial stress can also arise due to medical expenses and lost income.

Families might need to budget carefully or explore financial assistance programs to manage these pressures. Additionally, adapting to new roles within the family may be necessary. For instance, children might take on more chores, or spouses might need to adjust their work schedules.

 

Looking for Additional Support and Guidance? Let’s Talk

If you’ve been permanently disabled because of a car accident, you may be entitled to substantial compensation. We can help; contact The Dodd Law Firm online or call us at 475-275-8649 to set up a time to meet.

What Percentage of Car Crashes Are Caused By Drinking?

/by

Drunk driving remains a significant concern on Connecticut roads, contributing to thousands of drunk driving collisions each year. The statistics surrounding this issue are alarming and warrant immediate attention by individuals, society as a whole, and legislators. Understanding just how common these car crashes are is crucial, not just for those who drive but for all road users. With the gravity of the situation highlighted by various studies and reports, we can begin to grasp the impact of a drunk driving collision.

If you or someone close to you has been injured in a drunk driving collision, don’t wait any longer to find out if you’re owed compensation. Call The Dodd Law Firm at 475-275-8649 to set up a consultation now.

Understanding Drunk Driving Statistics

The National Highway Traffic Safety Administration offers critical data on the prevalence of drunk driving. In 2022, alcohol-impaired driving led to over 13,000 lives lost, highlighting the severe impact of alcohol on road safety. Shockingly, these deaths didn’t just come from those with a BAC of 0.08 or higher. In fact, over 2,000 deaths were attributed to drivers with a BAC of 0.01 to 0.07. This is why the NHTSA is emphasizing the importance of safe driving with the phrase, “Buzzed driving is drunk driving.”

Percentages can vary based on region and specific times of the year. For example, on holidays or during major events when drinking is more common, accident numbers and fatalities tend to skyrocket. These statistics underscore the urgent need for increased public awareness and education about the dangers of drunk driving.

The data from NHTSA shows the importance of addressing this issue to improve road safety for everyone. Public education campaigns and stricter enforcement of drunk driving laws are essential steps toward reducing these alarming numbers.

Why Drunk Driving is Linked to So Many Accidents

Alcohol impairs a driver’s abilities in several crucial ways. It affects judgment, coordination, and reaction times, all of which are essential for safe driving. When someone drinks and then gets behind the wheel, they may struggle to make quick decisions or react appropriately to sudden changes on the road. Even a small amount of alcohol can slow down a person’s reflexes, making it harder to avoid hazards.

Intoxicated drivers are also more likely to engage in risky behaviors. They might speed, weave between lanes, or ignore traffic signals and signs. Such behaviors drastically increase the chance of an accident. For example, a drunk driver might not stop at a red light, causing a severe collision. The lack of proper judgment and delayed reactions create a dangerous situation not just for the drunk driver, but for everyone on the road.

In addition, alcohol can make drivers feel overly confident, leading them to take risks they wouldn’t normally consider. Consider this—how many times have you heard someone declare that they are safer drivers when they’re drunk because they are “more careful?” This type of thinking is widespread and incredibly dangerous. This false sense of security combined with impaired abilities creates a perfect storm for accidents to happen.

What to Do If You Are a Victim of a Drunk Driving Collision

Experiencing a drunk driving accident can be overwhelming, but taking the right steps can help you navigate this difficult time. First, focus on your health. Seek medical attention immediately, even if you feel fine. Some injuries may not be apparent right away. Follow all medical advice and keep records of your treatments and expenses. These records will be crucial if you pursue a claim for compensation.

Next, gather as much information as possible about the accident. Collect contact information from witnesses, take photos of the scene, and obtain a copy of the police report. This evidence will support your case and help establish what happened.

Understanding your legal rights is essential. Consulting with a qualified attorney can help you navigate the legal complexities of your situation. They can guide you through the process of filing claims, negotiating with insurance companies, and representing you in court if needed. An attorney’s expertise can relieve much of the stress and uncertainty you’re facing.

Explore Your Legal Options with The Dodd Law Firm

At The Dodd Law Firm, we are committed to helping victims like you fight for justice after a car accident. If you, or a loved one, has been in a drunk driving collision set up a consultation now by connecting with us online or calling us at 475-275-8649.

The Long-Term Effects of Whiplash Injuries

/by

Car accidents in Connecticut can result in a variety of injuries, and whiplash is one of the most common. Whiplash occurs when a person’s head is forcefully yanked forward and then backward, putting enormous strain on the neck muscles. While whiplash is often associated with minor discomfort that resolves within a few weeks, some individuals may experience long-term effects that can impact their physical, psychological, and emotional well-being.

It’s important to take all car accident-related injuries seriously—they have the potential to impact the rest of your life. Call The Dodd Law Firm at 203-272-1833 to discuss your legal options in greater detail.

Understanding Whiplash and Its Immediate Symptoms

Whiplash is a painful condition that happens when your head is suddenly snapped forward and then backward. This abrupt movement can harm the soft tissues in your neck, leading to what we call whiplash. Right after a car crash or any incident that causes similar sudden motion, you might start to notice some unsettling symptoms. Victims often experience neck pain, which leaves them feeling stiff and makes it difficult to move their heads from side to side. Headaches, dizziness, and difficulty maintaining your balance are all common symptoms of whiplash.

Long-Term Physical Effects of Whiplash

For some individuals, the aftermath of a whiplash injury extends far beyond the initial pain and discomfort. The journey towards recovery can be lengthy, and, in some cases, certain symptoms might linger indefinitely. These long-term physical effects can transform daily routines into challenging tasks and significantly alter one’s lifestyle. Chronic neck pain, which persists months or even years after the incident, can make simple movements like turning the head or looking up extremely painful. Additionally, some may find their range of motion drastically reduced, making it hard to perform activities that once were taken for granted.

Muscle weakness is another hurdle that individuals might face. This can lead to difficulties in holding or lifting objects, further restricting daily activities. Numbness or tingling sensations in the arms and hands are also common, adding another layer of complexity to the already challenging recovery process. These symptoms not only serve as constant reminders of the injury but can also hinder personal and professional life, impacting one’s ability to work and engage in leisure activities.

Psychological and Emotional Impact

Whiplash doesn’t just leave its mark on the body; its effects can affect our minds too. The journey through chronic pain and adjusting to possibly not being able to do things as before can be incredibly tough. Chronic pain can shake up your whole world, causing feelings of sadness, worry, or even lead to depression and anxiety. For some, the stress of recovery and the changes in their daily life can also lead to post-traumatic stress disorder, a condition where the stress from traumatic events keeps haunting a person. It’s key for anyone going through these emotional storms after a whiplash injury to reach out for support.

Legal Considerations for Whiplash Victims

Navigating the aftermath of a car accident that leaves you with whiplash can feel overwhelming, especially when you start to consider the legal side of things. Understanding your rights is crucial. If your whiplash injury resulted from a car accident that wasn’t your fault, you might be eligible for compensation. This could cover not just your medical bills but also lost wages if you’re unable to work, as well as compensation for the pain and suffering you’ve endured.

It’s important to take action promptly because there are time limits on how long you have to file a claim. Reaching out to a personal injury lawyer who has experience with whiplash cases can make a significant difference. They can offer guidance, manage negotiations with insurance companies on your behalf, and navigate the legal aspects of your claim while you focus on your physical, mental, and emotional recovery.

Start Your Personal Injury Claim with The Dodd Law Firm

The sooner you connect with The Dodd Law Firm after a car accident, the sooner we can begin fighting for you and building your case. Take the first step now by calling us at 203-272-1883 or sending us a quick message online. We’ll schedule your free consultation and develop a plan from there.

Why You Shouldn’t Give an Insurance Adjuster Your Health History

/by

When you’re involved in a personal injury case, you may find yourself in a situation where an insurance adjuster asks for your health history. It’s important to understand the risks associated with sharing this information and how it can impact your claim.

Having a strong personal injury attorney on your side can make a big difference in the outcome of your claim. Let us help. Call The Dodd Law Firm at 203-272-1883 to set up a consultation with our team of Cheshire personal injury attorneys.

Understanding the Role of Insurance Adjusters

Insurance adjusters are hired and paid by insurance companies, and their primary responsibility is to look into claims like yours after an accident has occurred. While they might come across as friendly and approachable, their main goal is to save their company money. This is why they’re focused on gathering as much information as possible, including your health history. 

They do this in hopes of finding any piece of evidence that can be used to either reduce the amount they have to pay you or deny your claim outright. Remember, despite their demeanor, insurance adjusters are not your allies in this process. Their allegiance is to their employer—the insurance company. Their expertise in navigating through claims and their knack for obtaining information that might not favor your case makes it crucial for you to approach interactions with them with caution. Understanding that their motives may not align with your best interests is key to protecting yourself and your personal injury claim.

The Risks of Sharing Your Health History

Handing over your health history to an insurance adjuster opens the door to a wide range of potential issues that could weaken your personal injury case. Insurance adjusters love finding past injuries or medical appointments that could allow them to pin your current injuries on past experiences.

This can lead to their offering you less money than you deserve, or they might even try to deny your claim, leaving you without the financial support you need for your recovery. The key point here is that your health history contains private information that can be misinterpreted or taken out of context by someone looking to find reasons not to pay your claim. By being cautious about what you share, you can avoid giving the insurance adjuster ammunition to use against you. This doesn’t mean they don’t need any medical information—it just means you should be picky about what information you give them.

Protecting Your Personal Injury Claim

To safeguard your personal injury claim, tread carefully when revealing your health history to insurance adjusters. Your medical details should be treated as confidential, shared only when absolutely necessary for validating your claim. Consulting a knowledgeable personal injury attorney is a wise step. Not only can they take over communication with the insurance adjuster on your behalf, but they can sidestep damaging questions like those demanding access to your health history. When insurance adjusters truly do need information about your recovery and injuries, your attorney can provide them only the records they genuinely need.

How to Communicate with Insurance Adjusters

When talking to insurance adjusters, keep your guard up and think carefully before you speak. Share only the necessary details about the accident and how you were hurt. Don’t bring up your past health issues or medical history, as this can be twisted and used against you. If an adjuster asks for your health history, it’s okay to say no and tell them they can talk to your lawyer if they need more information. 

This approach helps you stay on the safe side, ensuring you don’t accidentally give them something they could use to challenge your claim. Remember, your focus should be on the facts of the car accident and the injuries you’re dealing with now. This careful way of communicating protects your claim and helps you stand a better chance of getting the fair compensation you deserve.

Explore Your Legal Options with The Dodd Law Firm

The sooner you begin working with The Dodd Law Firm, the sooner you can stop communicating with the other party’s insurance company and focus on your own recovery. Set up a consultation right away by calling us at 203-272-1883 or reaching out online.

Establishing Negligence in a Connecticut Motorcycle Accident Case

/by

If you’ve been involved in a motorcycle accident, one of your top priorities may be pursuing compensation and starting your personal injury claim. These accidents can be incredibly expensive, thanks to medical bills, totaled motorcycles, lost income, and other expenses. Proving another party’s negligence is key to building a claim that can help you get what you’re owed.

That’s where we step in to help. At The Dodd Law Firm, we help victims throughout the Cheshire area fight for justice after personal injuries. Call us at 203-272-1883 to set up a consultation with our team now.

What is Negligence?

Negligence refers to an individual’s failure to take reasonable steps to avoid causing harm to someone else. It’s a pretty broad definition, which makes it easier to apply to a variety of circumstances. 

Consider a motorcycle accident; in order to prove negligence, you’d need to demonstrate that either driver (or perhaps a third party) didn’t take appropriate steps to keep others safe. That might mean that a driver did not, for example, check their blind spot before changing lanes. This caused them to miss a motorcyclist in their blind spot. 

A reasonable person would have checked their blind spot. If you’re trying to determine whether or not someone was reasonable or not, you can think about what another person would have done in the same circumstances. In this example, you could expect a reasonable person to check their blind spot, as that’s taught in every driver’s education course in the country.

How Drivers or Riders Can Be Negligent

There are numerous ways that drivers or riders can be negligent and cause collisions. They include:

  • Failure to yield: Failing to yield the right of way leads to a significant amount of Connecticut motorcycle accidents. Drivers are often used to yielding to other drivers, but less acclimated to yielding to riders. This causes a lot of crashes at intersections and during lane changes.
  • Tailgating: Following too closely is always unsafe, but it’s particularly dangerous when the person you’re following is a motorcyclist. Following a rider too closely means that if they stop unexpectedly, there’s a very real chance of running into them, throwing them from their bike, and causing them serious harm.
  • Unsafe lane changes: Drivers often fail to notice motorcyclists in their blind spot during lane changes. This results in them sideswiping riders during lane changes.
  • Ignoring traffic signs and lights: This is often the result of distracted driving. Motorcyclists are at a significant disadvantage when drivers run red lights or stop signs.
  • Speeding: Speeding increases the likelihood of severe and fatal accidents, particularly in dangerous weather or heavy traffic.
  • Operating under the influence: Those who ride or drive under the influence are operating with limited decision-making skills, presence of mind, and reaction time.
  • Lane splitting: Lane splitting is currently illegal in Connecticut; while two riders can share one lane, riders cannot ride between lanes.

Proving Negligence and Its Role in Your Claim

Proving negligence creates the foundation of your personal injury claim. Any type of evidence you can get from your accident may strengthen your claim and put you in a better position to seek compensation. Valuable pieces of evidence include:

  • The police report, which may include information about who caused the crash and any citations that were given out. 
  • Photos and videos of the crash scene, as this evidence can be used to reconstruct the accident scene and determine what happened.
  • Eyewitness statements are especially useful when collected immediately after a crash.
  • Medical reports may indicate the types of injuries sustained by victims, which can further prove what went wrong.

One of the most important things to do is talk to an attorney as soon as possible after a motorcycle accident. Your attorney can help you secure and preserve the appropriate evidence, navigate communication with the insurance company, and fight for full and fair compensation.

Start Your Motorcycle Accident Claim with The Dodd Law Firm

Ready to start your motorcycle accident claim? The team at The Dodd Law Firm is here to help you fight for justice after a crash leaves you injured. Give us a call at 203-272-1883 or send us a quick message online to schedule your free consultation.

Should You Finish Medical Treatment Before Receiving an Injury Settlement?

/by

Whether you’ve been injured in a slip and fall, a car crash, or another type of accident, you’ve decided to pursue compensation—but what do you do if you have a long road to recovery ahead of you? If your injuries require a lot of medical treatment, negotiating a settlement can be difficult.

That’s why it’s important to work with an experienced team of personal injury lawyers in Cheshire. At The Dodd Law Firm, we understand how important it is that you get the right compensation for your injuries. Call us at 203-272-1883 to set up a consultation with our team now.

Understanding the Complexities of Your Case and Injuries

First, it’s crucial to understand that your attorney’s recommendations will vary dramatically depending on the circumstances of your case. If you have a set end date for your treatment and minimal risk of complicating injuries, waiting a couple of weeks to receive a settlement may not be too inconvenient. But if your injuries are incredibly complex and you could be receiving treatment for months or years, you may not have time to wait for a settlement; you still have bills to pay, food to put on the table, and income to replace. In those circumstances, securing a settlement prior to finishing treatment may be necessary.

Benefits of Waiting

There are numerous benefits that come with waiting to agree on a settlement number. First, it gives you the opportunity to find out how much your injury truly costs. You’ll have a better understanding of your medical expenses, how long you’ll be away from work, and other money sunk into your injuries. This puts you on more solid ground for negotiating. Additionally, waiting ensures that you’re able to request additional compensation if your injuries result in any unexpected side effects or delays in recovery. Basically, waiting ensures that you know precisely how much your injuries will cost you and how much you should settle for.

Benefits of Securing an Earlier Settlement

While it’s often better to negotiate a settlement after you have finished medical treatment, that simply isn’t always possible. If you desperately need the money from your settlement to pay bills and otherwise care for your family, accepting a settlement before finishing treatment could be your only option. You may want to exhaust your other options before, such as reaching out to friends or family members for loans. 

Agreeing to a settlement before you have reached maximum medical improvement can also allow you to start paying down your medical bills earlier, which is beneficial if your care providers charge interest on your unpaid balances or if they send you to collections after a certain period of time. Unfortunately, accepting an early settlement does mean that you risk giving up compensation for any secondary injuries that occur as a result of your initial injury. Once you’ve signed the legal documentation and received the settlement, you have no more wiggle room to ask for more money.

Working Through Your Options with Your Attorney

This is a complicated question, and it’s essential that you discuss your options with your attorney before making any final decisions. Your attorney has the most extensive knowledge of your accident, injuries, financial circumstances, and what the other party is or is not willing to offer. By discussing your concerns with them openly and honestly, they can provide professional guidance and help you make the best decision for you and your family.

Don’t forget to include your medical care providers in this discussion. They should be able to provide insight into the prognosis of your condition, how likely you are to suffer complications, and how long you may be out of work following treatment. By exploring your options with your legal team and your medical team, you can figure out the best option for your unique situation.

Reach Out to The Dodd Law Firm Today

Ready to start your Cheshire personal injury claim? The team at The Dodd Law Firm is here to help. Let’s set up a consultation and discuss your legal needs. Call us at 203-272-1883 or send us a quick message online to schedule a consultation with our personal injury attorneys right away.

What to Expect at Each Stage of a Personal Injury Claim

/by

When you decide to pursue a personal injury claim, it’s important to know what to expect and what your potential outcomes are. This protects you from unpleasant surprises and eases anxiety about the entire process. Whether your claim is the result of a car accident, dog bite, slip and fall, or other type of accident, this process is fairly straightforward.

Still looking for the right law firm to represent you in your personal injury claim? The team at The Dodd Law Firm is waiting to hear from you. Call us at 203-272-1883 to set up a consultation now.

Consulting With an Attorney

Your first step is to meet with a personal injury attorney and explain your accident and injuries. The good news is that most personal injury lawyers work on a contingency basis. This means that not only is your initial consultation free, but you don’t pay anything unless the law firm secures a settlement or court award on your behalf. Their fees are then drawn from that final award, so you pay nothing out-of-pocket. 

During your consultation, the attorney will ask you questions, explain relevant parts of Connecticut law like the statute of limitations, and look over the evidence you brought in. If they think you have a strong case, they may give you the option to go forward with retaining them and beginning your personal injury claim.

Building Your Case

From there, your attorney jumps right in and starts investigating your claim. They may pull surveillance footage, talk to eyewitnesses, reach out to expert witnesses, and look at official documentation and reports. Their goal is to prove the other party’s liability, demonstrate the severity of your injuries, and prove that you deserve compensation. This step varies quite a bit in duration, depending on how complex your case is and how much evidence is available.

Connecting With the Insurance Company

The evidence your attorney gathers forms the foundation of your personal injury case. They will build a case on your behalf and proactively address any issues an insurance company is likely to have with your demand for compensation. The more prepared your attorney is prior to reaching out to the insurance company, the more successful negotiations generally are. 

Once they have built a case to their satisfaction, they will issue a demand letter to the insurance company. This letter outlines what they are asking for, why, and the evidence that backs it up. So begin negotiations—the insurance company will likely come back with their offer, and this repeats until a middle ground is found.

Reaching a Settlement—or Preparing for Court

In most personal injury claims, the final step is a settlement. While many people have strong mental images of dramatic courtroom showdowns, few cases reach the courtroom. If both parties come to an agreement on a settlement number, the attorneys will draw up the paperwork and have all involved parties sign it. 

You’ll waive your right to sue for your current injuries or any other injuries that arise as a result of the accident in question. The final settlement is then paid. Any care providers who need to be paid will get their cut; this includes hospitals and other medical service providers. Your attorney’s fee will be paid. Finally, you get your share of your settlement.

Unfortunately, not every personal injury claim is quite this easy. If the insurance company refuses to admit fault or won’t budge at all from their initial number, negotiations may fail. In that case, your attorney will move forward with filing a lawsuit and beginning court preparations. Your case may go to court, or a settlement may still be reached at any point during this process. If your case goes to court, a judge or jury will decide if the other party caused your injuries and if so, how much they must pay you.

Considering a Personal Injury Claim? Call The Dodd Law Firm Now

When you’re ready to learn more about your personal injury claim options, talking to the team at The Dodd Law Firm should be your next step. Set up your free consultation right away by calling us at 203-272-1883 or getting in touch with us online.

The Importance of a Spoliation Letter in Truck Accident Cases

/by

Truck accidents are generally far more destructive than crashes solely involving smaller passenger vehicles. They are more likely to result in fatal or catastrophic injuries, and they are capable of causing hundreds of thousands of dollars in property damage. However, that doesn’t mean that it will be easy for you to prove that you’re owed compensation. You can still expect the insurance company and the trucking company to do whatever they can to keep you from receiving compensation.

The good news is that truck accidents have a substantial amount of evidence. To use that evidence, you must preserve it—even if it’s in the other party’s possession. That’s where a spoliation letter comes in. Learn more about the role of a spoliation letter in your claim, and when you’re ready to move forward with your case, call The Dodd Law Firm at 203-272-1883.

The Role of Evidence in Your Truck Accident Claim

Evidence is crucial in any personal injury case, but it’s especially crucial in a truck accident claim. As a victim, you’ve likely sustained serious injuries and are now struggling with pain, a loss of income, and a totaled vehicle. When you’re looking for sizable compensation, the other party will put up a serious fight to keep you from getting it. Evidence can go a long way in proving how the accident happened, whose error caused the crash, and how your injuries have impacted your life. Without a strong body of evidence, it’s unlikely you’ll get anything close to what you actually deserve.

What’s Included in a Spoliation Letter?

A spoliation letter is an integral part of your claim. It’s a legal document that reminds the other party of their legal duty to preserve evidence related to the crash. Elements of a spoliation letter include:

  • List of evidence in the other party’s possession
  • Notification that you are seeking legal action against the other party
  • Information on the other party’s obligation to preserve the evidence
  • The consequences of failing to comply with the orders given in the letter

Sending a spoliation letter is basically putting the other side on notice. You’re letting them know that you are building your case and you know what evidence is out there. They then know that if it happens to go missing or show up destroyed, you will hold them accountable for it. Without a spoliation letter, you risk the other party tampering with or “losing” evidence that is damaging to their case.

The Other Party’s Obligations

Upon receiving the spoliation letter, the parties who receive the letter are legally obligated to preserve the evidence in question. This may mean making backups or copies of evidence that is likely to degrade with time. For example, electronic logging devices, dashcams, and other sources of electronic evidence generally only keep records for a set period of time. If the party in possession of that evidence does not take steps to preserve it, it could be lost forever.

The parties in question are also obligated to keep the evidence in its current state. This means not tampering with it or altering it to make it more favorable to their case. This is an issue with trucking logs, which can be altered after an accident to make it look like a driver was compliant with hours of service and inspection regulations.

Consequences of Destroying or Losing Evidence

Generally, sending a spoliation letter is enough to keep the other party from damaging or destroying evidence relevant to your case. But if the evidence is devastating for their case or they simply don’t care enough to preserve it, it could be destroyed regardless. If this happens, it can have devastating outcomes for their case. The courts do not look favorably on spoliation, and there may be significant consequences for the other party. These consequences may include:

  • Court sanctions against the party that engaged in spoliation, ranging from fines to jail time.
  • Adverse inference—the court may draw an adverse inference in the absence of necessary evidence, which means that they assume the lost evidence would have been damaging to the party that lost or destroyed it.
  • Jury instructions that tell the jurors to assume the evidence would have been unfavorable to the party who lost it.

Injured in a Truck Accident? Call The Dodd Law Firm

When you’ve been injured in a truck accident, there is a lot at stake. You need to work with a Cheshire attorney dedicated to fighting aggressively for you. Call The Dodd Law Firm at 203-272-1883 or reach out to us online to schedule your consultation right away.

The Connection Between Car Accidents and Aggressive Driving Behaviors

/by

Few things are more irritating than sharing the road with an aggressive driver. You do your best to follow the speed limit, leave space between yourself and other vehicles, and follow the rules of the road—but that’s not enough to protect you in every case. Aggressive drivers speed, whip around other cars without a thought, and otherwise endanger everyone on the road.

It should come as no surprise that aggressive driving can significantly increase your likelihood of being involved in an accident. If you’ve been hurt in a crash caused by a dangerous driver, call the Dodd Law Firm at 203-272-1883 to set up a consultation now.

Common Types of Aggressive Driving Behaviors

One of the defining characteristics of aggressive drivers is their speed. Excessive speeding is one of the most common types of aggressive driving—this doesn’t include those who go a few miles over the speed limit but does include those who drive so fast that it is impossible to navigate safely. Aggressive drivers seem to be in a rush at all times. In addition to speeding, they may weave in and out of traffic, attempt to intimidate other drivers to get out of their way, and ignore stop signs and lights.

Some of the most common aggressive driving behaviors include passing where prohibited, failure to use turn signals, racing, swerving in front of other vehicles, driving on the shoulder or median, and following too closely.

How Aggressive Driving Leads to Collisions

The connection between aggressive driving and accidents is clear. When you drive, you have a duty to others on the road to take reasonable steps to ensure their safety. Aggressive driving breaches that duty and actively endangers others. Aggressive drivers force others to take evasive action to protect their own safety and that of the aggressive driver.

Statistically, it can be difficult to show the role aggressive driving plays in collisions. This is because the term “aggressive driving” is broad enough to include many different behaviors. However, a growing body of research examines the link between aggressive driving behaviors and accidents. Per the Insurance Information Institute, aggressive driving was a factor in 56% of fatal crashes between 2003 and 2007. The most common aggressive driving behavior contributing to this statistic is excessive speeding.

To put it simply, aggressive driving is any type of driving that endangers other people or property. Many drivers will be able to react to aggressive driving in time to prevent a crash. Not everyone will be able to take evasive action that quickly, though—and there’s always the chance of two aggressive drivers finding each other. In these scenarios, accidents are not only likely but nearly inevitable.

Aggressive Driving Can Make Accidents More Severe

It is important to note that aggressive driving doesn’t just impact the frequency of traffic accidents. It also affects the severity of accidents. When drivers are operating recklessly or under the influence of road rage, their ability to make calm and rational decisions is severely compromised. When that combines with unexpected traffic, obstacles on the road, or changes in road conditions, the results are disastrous.

Even if a driver isn’t affected by road rage, they’re likely still not in the best emotional state to drive safely and react appropriately to obstacles. The stress and irritation that push drivers to operate aggressively can also affect their emotional stability and ability to take evasive measures when necessary.

Preventing Aggressive Driving

Decreasing aggressive driving rates across the country could greatly affect accident rates. Law enforcement plays a big role in addressing aggressive driving, as enforcement of current laws and speed limits could deter unsafe driving behaviors. Public education efforts are another avenue to explore, as drivers must understand the dangers of their actions and the potential consequences they face if they cause a severe or fatal crash.

Technology is another important aspect of limiting aggressive driving behaviors. Automatic emergency braking to avoid collisions, lane departure alarms, and cruise control can all mitigate the dangers of an unsafe driver.

Start Your Personal Injury Claim with the Dodd Law Firm

Have you been injured in a car crash? The team at the Dodd Law Firm can help you fight for compensation. Call us at 203-272-1883 or contact us online to schedule a consultation.

The Role of Social Media in Car Accidents: Distractions, Evidence, and Legal Issues

/by

For better or worse, social media has completely changed how we live our lives. It’s a near-constant presence—even those who do their best to stay off of social media hear about current trends or scandals from friends and family. It should come as no surprise, then, that social media has also changed car accidents and the personal injury claims that follow.

If you’ve been injured in a car accident, you may have a valid personal injury claim against the at-fault driver. Let’s talk more about your options now. Call The Dodd Law Firm at 475-275-8649 to set up a consultation now.

Social Media and Its Role in Collisions

Social media plays an integral part in our day-to-day lives. It goes beyond fun pictures and silly memes, going so far as to increase the likelihood of being involved in a car accident. In fact, social media has contributed to a frightening rise in car accidents across the country. One of the main reasons is distracted driving.

Too many drivers are tempted to turn to their smartphones while driving, thinking that it won’t hurt to check out “just one” post, photo, or message. Checking notifications, browsing news feeds, and updating your own page take attention away from the road, increasing the risk of accidents.

Social media notifications and updates can be hard to resist, thanks to the hit of dopamine your brain gets every single time you scroll or refresh. This leaves drivers with their eyes and minds off of the road at critical moments. Drivers engrossed in social media may miss pedestrians, a change in traffic signal, or a car that’s merged into the lane ahead of them.

Social Media Evidence

Social media also provides valuable evidence for social media claims. When an accident happens, many people inevitably turn to social media to tell their stories. Those involved in a crash—whether the liable party or the victim—often post photos, captions, and video footage that can be invaluable to personal injury lawyers.

Consider a driver who was active on social media immediately before the accident. Who hasn’t seen a Facebook Live or TikTok Live being run by someone who is obviously driving? The fact that the person was updating their social media or even broadcasting live on social media prior to the crash can prove the driver’s negligence. Witnesses and bystanders may also post videos and photos to social media that both sides of a case can use.

Having said this, it’s important that accident victims be careful about social media usage after a collision. If you’re on the insurance company’s radar, they will undoubtedly be scouring your page for anything they can use against you. As tempting as it may be to update your loved ones, keep your accident off of social media until your claim is behind you.

Legal Issues Related to Social Media

Although social media has been around for years, its use in the courtroom is still evolving. The usage of social media logs and posts brings up questions of privacy. The information posted publicly, including posts by those with open accounts, is generally safe to use as evidence. But when posts are private or restricted, you may have to jump additional hurdles to gain access to them.

The validity of social media posts can also be called into question during a personal injury claim. It is incredibly easy nowadays to alter or misrepresent social media posts, and anyone planning on using this type of evidence must go one step further and ensure that everything they have is valid.

The timing of social media posts is another issue for court cases. Social media changes rapidly, and the posts accessible to you now may be gone in an hour or day from now. While this data is generally preserved in some form by the social media company, accessing it is much harder after it’s been deleted.

Get Started with Your Personal Injury Claim—Contact Us Today

Ready to start your car accident claim? It’s time to meet with the Cheshire car accident lawyers at The Dodd Law Firm. Set up a consultation right away by calling us at 475-275-8649 or sending us a message online.