I need proof that someone was a distracted driver

I need some advice, so I hope someone out there can help me. The question is this: how can you prove someone was driving distractedly?

I got into a fender bender last week when someone hit me from behind while they were on their phone. I could clearly see the phone lighting up their face through the rearview mirror. He hit my car, we got out, checked the damage, and even called the police (that was my idea, he wanted to forget about it, of course). When the police came, the guy suddenly claimed I had stopped suddenly and he wasn’t at fault. Before, he had apologized to me, but now he claimed that wasn’t true as well. He even claimed he wasn’t on his phone.

Now, the officer said he was at fault because there was no evidence of my sudden stopping. I did slow down because I was in a turn lane, but I didn’t stop.

Anyway, the problem now is that our insurance companies are arguing over payouts, and his insurance is claiming there isn’t enough evidence that he was at fault. They doubt the police report and say it isn’t conclusive.

Now, I know the guy was on his phone, but I don’t know how to prove it. Is there any advice for this?

I was wondering if there’s a way to check his phone to prove he was using it at that exact moment. I know exactly when the accident took place because I looked at the clock on my dashboard right afterward. Is there a way I can find out if the guy was on his phone right then? I bet I could tell if he was texting or making a call, but I can’t be sure he was doing either of those things. Do phones keep a log of when apps were used and the screen was on?

I’d really appreciate any help I can get from the tech gurus out there. I’ve been reading up on all this, and I know distracted driving is seriously frowned upon these days since it’s become such a big thing with cell phones.

If I can’t nail the guy on this, I’m worried I won’t be able to prove he really was at fault, and if I’m left on the hook for an accident I didn’t cause, I just don’t know what I’ll do. It isn’t fair, for one, and for another, I don’t have the money to fix my vehicle.

So, people, let me know how to prove this guy did it. He’s a threat to people driving everywhere, and he may bankrupt me to fix my car. I am starting to worry he actually damaged the muffler, and I’m nervous about submitting a claim about that if I don’t have more evidence.

Corporate Greed Robs Disability Clients

In today’s America, many citizens are unable to work due to their health issues, which restrict their ability to function in places of employment. Due to their inability to work, these individuals should be eligible for receiving reparation from disability insurance agencies. These agencies are usually associated with place of employment and were designed for alleviating financial troubles for people that are unable to work. Sadly, many of these companies will deny people’s claims, leaving the individual in stressful situations. Hopelessness can easily occur from these patients, which already tend to be in lower socioeconomic positions. The United States Bureau of Labor Statistics released a document that discusses issues in the disability system. Upon further review, it is clear to see that many insurance agencies cheat their paying customers of the help they deserve.

As globalization continues to reframe the world as we once knew, the gap between the rich and poor of the world is expanding. The top 1% of the population continues to implement cruel policies that antagonize the lower classes. Injustice is extremely toxic to the welfare systems that were originally designed to aid members of the population when needed. In the BLS report, mentioned above, it was found that “the lowest paid occupational group—service workers—is also the group least likely to be covered by employer provided short- or long-term disability plans”. Typically, due to systematic failures in government institutions, these service workers are already at a higher risk for poor health. The lack of highly nutritious food, the threat of displacement due to gentrification in urban areas, and an overall gap in educational standards are three main causes for the increase in illnesses within the lower classes. Adding to the growing problem, many insurance agencies have taken up the trend of denying patients coverage for their disability. This unethical breach of responsibility can not continue as it only furthers illness and discomfort. If an individual is unable to work, it is likely that they are eligible for disability benefits even after being denied by the insurance agency. The use of a third party to handle litigations in a competent manner can be the difference between receiving benefits and accepting abandonment.

It is clear that work must be done to reform the disability system in our country. As the population continues to grow, the system will become even more overburdened than before. The enormous challenge of bringing the U.S. population into a healthy lifestyle, free of illness that would keep them from work, is one that may not see significant progress until the future, yet in the present we as a nation can work together to protect our fellow citizens from harassment or injustice from multi-billion dollar companies that would put profit above the lives of innocent citizens.

In full, the United States is facing an epidemic that is claiming members of the population into submitting to a “sick care” system. This system is not for these patients to recover and go on to live a healthy life; rather, it is designed purely for profit. Pursuing these cowardly insurance agencies may be the first steps towards a healthier America for every citizen.

Defenses Against Sex Offenses

Sex offenses are often controversial, and as such, they are often exaggerated and misunderstood. This can result into unwarranted sex offense charges. But it is a good thing that, according to the website of the Flaherty Defense Firm, these charges can be defended.

Below are some of the most common defenses against sex charges, especially on unwarranted ones.

Proof of Sexual Contact

Sex offenses mainly have two parts. First, there has been sexual contact. Second, the sexual contact is non-consensual, malicious, or has the intend to offend or satisfy the sexual gratification of someone. If one of these parts can be proven wrong, the defendant may win the case.

One common defensive approach is to question the first part – the sexual contact. There should be proof that there is sexual activity between the parties, and this proof may come in many forms, such as photos and videos, eye witnesses, DNA tests, and others.

Proof of Consent

The second part of a sex offense can also be attacked – the sexual contact being non-consensual. This can be achieved by proving that the sexual activity has involved the consent of either party. Proof can come in various forms, such as text messages, voice calls, photos, among others.

But consent can also be a tricky defense. There are instances where the victim may not be legally allowed to give consent yet, like when he or she is underage or intoxicated. A good defense against these cases is the victim’s malicious intent to deceive the suspected sexual offender, like when the victim has intentionally lied regarding his or her age just to engage in sexual activity.

Penalties

Different sexual offenses have different penalties, and these may vary depending on the nature of the sexual offense, the victim’s condition, and the alleged suspect’s use of force, threat, or intimidation. But usually, sexual offenses result into substantial fines, considerable prison time, and registration to the sex offender registry. These can be particularly worse if the victim is a child.

However, according to the website of the Law Offices of Mark T. Lassiter, individuals who have not been found guilty or have been acquitted of an offense may be able to permanently remove the charge on their records. This is called expunction.

This is because a unnecessarily tarnished record may have negative consequences in life, including employment discrimination.

Reckless Driving is any Action on the Road that Willfully Disregards the Standards of Safe Driving.

The National Highway Traffic Safety Administration (NHTSA) logs more than five million car crashes annually; at least 30,000 of these are fatal while more than two million result either to minor or serious injuries. Some other records, especially from the NHTSA-created Fatality Analysis Reporting System (FARS) and the Centers for Disease Control and Prevention (CDC), show that:

  • from, 1899 to 2012 there were 3,551,332 fatal motor vehicle accidents;
  • in 2010, there were 5,419,000 crashes that resulted to 32,999 deaths and 2,239,000 injuries;
  • in 2011, motor vehicle accidents killed 32,479 individuals, the lowest number of motor vehicles deaths since 1949;
  • in 2012, fatal crashes involving distracted drivers killed 3,328 individuals , 32 counts lower than the 3,360 deaths in 2011. The number of injuries, however, increased from 387,000 in 2011 to 421,000 in 2012;
  • in 2013, motor vehicle accidents due to alcohol-impaired driving killed 10,076 individuals (at least 30% of all traffic-related deaths in the US); and,
  • 90% of all road accidents are due to bad driving behavior, some of which are drunk-driving, reckless driving, speeding, especially while under the influence of alcohol, driving through a red light, changing lanes without signaling, and using a cellphone while driving.

The International Organization for Road Accident Prevention believes that road danger is nothing more than a man-made crisis – a totally preventable occurrence that is due to negligence. One very sad and alarming fact, however, is that the most often offenders in road crashes, especially fatal ones, are young drivers, those aged between 16 and 34 (teens aged 16 to 19 are three times more likely to be involved in fatal car crashes than those over the age of 20 though).

Obviously, young drivers’ inexperience and immaturity on the road, plus their inclination to take risks while thinking that they will not be harmed, are creating results that are far beyond what they assume. Below is a list of acts of recklessness, which so many drivers have been guilty of, but which young drivers are so much more prone to commit:

  • Overspeeding;
  • Driving too fast for conditions;
  • Tailgating (which is actually a sign of aggressive driving behavior);
  • Running a red light or a stop sign;
  • Improper lane changing;
  • Improper turning;
  • Improper overtaking or unsafe passing (which can result to a vehicle running off the road, sideswiping another motorist, and head-on collision);
  • Getting distracted while behind the wheel (this can be due to use of use electronic devices, especially a cell phone, adjusting the radio or turning its volume to full blast, looking at a map, eating, etc.);
  • Conversing with a passenger; and,
  • Driving while under the influence of alcohol, illegal drugs or both (despite the federal’s and state’s zero tolerance laws, which strictly prohibit any level of alcohol in the blood of those under the age of 21, records from the NHTSA show that 33% of the teens who died in fatal collisions were actually intoxicated)

Driving is supposed to be a fun experience; however, because of the reckless behavior of some drivers, it has become a risky activity. Drivers, regardless of age, should know that car accidents are not just numbers in statistical data. These occurrences cause a great deal of suffering for those who get injured, disabled or die.

Reckless driving is defined as any action on the road that willfully disregards the standards of safe driving. Accidents that result from reckless driving are often serious and may involve severe and life-threatening injuries. Extensive property damage and injury to individuals are common when an driver chooses to behave in a reckless manner.

Iowa car accident attorneys are among those who strongly hold reckless drivers accountable for their actions and the injuries they cause. With all other legal professionals, they protect the rights of victims involved in reckless driving accidents by helping them pursue compensation for the pain and suffering they have sustained due to a reckless driver.

How Legal Separation Can Lead To Divorce?

When a married couple wants to give some space to each other but is still willing to fix their relationship, legal separation is often the best option. Being legally separated provides married couples an alternative to divorce. According to the website of Marshall & Taylor PLLC, seeking legal separation is a more attractive option to formal divorce. Legal separation offers a wide range of benefits but some believe that it is a prelude to divorce.

While still giving your marriage a chance, a legal separation agreement may still lead to divorce. The circumstances surrounding legal separation points to the couple deciding to permanently end their marriage. If the couple had been living apart for a long time already, there is a greater chance that their relationship will deteriorate. In addition, if a spouse has found a new partner, chances are they may abandon their plan of reconciling with you.

And while you see divorce in the horizon, it is important to have a written separation agreement if you intend to save your relationship. Also, if you have been separated for a long time and communication and cooperation is impossible, the risk of divorce becomes even higher. With long-term separation, there are various circumstances that could cause your reunion plans to end in divorce. For instance, you could meet someone new who makes you happy or fulfilled that you decide to enter into a new relationship.

While legal separation can be amicable, you need to watch out once communication between you and your spouse breaks down completely. A separation agreement serves as your fallback in case circumstances change while you are separated from each other.

Legal separation provides both spouses with enough breathing room to reflect on whether or not to give their marriage another chance or just forget about it and move on living separate lives.

Independent Car Insurance Companies: The Secret to Finding the Best, yet, Cheapest Insurance Deal

Carrying auto liability insurance is a basic driving requirement in all U.S. states, except in New Hampshire, where drivers, who have no serious traffic violations, may just file an SR-22 or deposit securities or money with the state treasurer instead of purchasing auto insurance.

Though a requirement, studies conducted by the Insurance Research Council (IRC) show that close to 30 million drivers in the U.S. still remain uninsured. Now, with more than 30,000 fatal car crashes every year and more than two million accidents resulting to injuries, the thought of possibly figuring in an accident wherein the driver at fault is uninsured is nothing less than fearful.

The high cost of insurance premium is the major reason why millions of drivers choose to drive without coverage. Now, if these drivers cannot afford to purchase an auto liability insurance policy, how will they be able to compensate a person who they may injure and whose property they may damage in accidents due to their fault? And to think that being insured was made a mandate to make sure that drivers who would cause accidents have the financial capability to compensate those they may injure.

While many different states find ways to identify uninsured drivers and make sure that they get coverage, these have also required drivers who comply with the car insurance law to add in their policy the Uninsured motorist coverage and the Underinsured motorist coverage.

Uninsured motorist coverage is designed to cover all economic losses and damages suffered by victims of accidents caused by drivers who do not carry auto insurance; this coverage serves as a perfect financial safety net in accidents wherein the vehicle involved was stolen and in hit-and-runs. Underinsured motorist coverage, on the other hand, is designed to supplement any insufficiency in the policy limit of the at-fault driver. This is usually the case when the at-fault driver carries only the minimum liability coverage required by his or her state, making his or her policy not enough to cover the full amount of damages suffered by the victim.

Contrary to what many think, not carrying auto insurance can actually prove to be more costly than having coverage. This is a common belief among insurance providers and independent car insurance companies, according to the website of LaMarca Law Group P.C. . Besides the fact that uninsured drivers, who cause accidents, will have to pay out of their own pocket anyone who they may get hurt in an accident, they may also be made to carry an SR-22 filing (for three to five years), pay still higher insurance premium, pay fines, and have their license suspended.

To make sure that they find the best, yet, cheapest, insurance deal with as little effort as possible, the best way is to go online to check the free quotes provided by independent car insurance companies. These quotes definitely make comparing of insurance deals and purchasing of the best and most affordable policy easy, fast and simple.

Protecting yourself from the impacts of car accidents

According to the National Highway Traffic Safety Administration (NHTSA), the U.S. recorded a total of 32,675 fatalities associated with motor vehicle crashes in 2014. In the same year, 2.3 million people were injured due to car-related incidents. These staggeringly large numbers of injuries and deaths are proofs on how disastrous a car accident could be, and the website of Ravid & Assoc says protecting yourself could mean securing your welfare and the future of your loved ones.

One sure way to protect you from the impacts of a car accident is by securing a personal injury protection (PIP). In some states, it is mandatory that car insurance would have a PIP extension to cover for medical treatment in case of an accident, regardless of who/what caused it.

However, personal injury protection lawyers at Schuler, Halvorson, Weisser, Zoeller, and Overbeck, P.A. warned that some auto insurance companies fail to deliver complete medical cost reimbursements, which could ultimately affect medical clinics, hospitals, and professionals in the medical field. So it is important to choose a credible insurance company that is capable in delivering what they had promised.

But more than securing a PIP, the best way to secure yourself and your loved ones from the effects of a car accident is by preventing them to happen in the first place. Distracted driving and driving under influence are among the most common causes of car-related incidents. By choosing not to get behind wheels drunk or distracted, you are ensuring your safety and the safety of your occupants.

Furthermore, keeping your car in good shape is also a tool in keeping accidents at bay. By checking your brakes, tires, and engines before hitting the road, you are reducing your risk of being involved in a disastrous car crash. Rotating your tires regularly and having your engine checked by your auto mechanic for any potential problems are good preventive measures in ensuring your safety on the road.

Facts about Alzheimer’s disease that you probably should know

Alzheimer’s disease is a type of dementia (persistent and chronic disorder in mental processes), which is degenerative in nature. In the U.S., Alzheimer’s is ranked as the 6th leading cause of death. Today, it is estimated that more than 5 million Americans are living with the disease. Tragically, Alzheimer’s is associated with approximately 500,000 deaths in the country every year.

Scientists have found that the risk of Alzheimer’s grows dramatically as we age. As such, probate attorneys believe (click here for the website) that you should plan your estate as early as now to prevent bitter estate disputes among your issues. Apart from age, other risk factors associated with Alzheimer’s are the following:

  • Genetic predisposition – Scientists have found strong correlations between certain genes and Alzheimer’s. Genes with specific protein codes, such as presenelin-1 (PS-1), presenelin-2 (PS-2), and amyloid precursor protein (APP) may directly cause Alzheimer’s.
  • Family history – Because some Alzheimer’s cases have been recorded to run in the family, you are more likely to develop Alzheimer’s if one of your relatives has the disease.

Age, genetic predisposition and family history are factors that we cannot control. However, there are some environmental factors that could contribute to the development of the disease. Head trauma, for instance, may increase your risk of the disease, and so keeping accidents at bay means lowering your risk of Alzheimer’s. A poor heart and damaged blood vessels may also contribute to the disease, as it may compromise the flow of blood to the brain.

To lessen your risk of Alzheimer’s, you should also consider switching to a healthier lifestyle. Not consuming too much alcohol and tobacco, for instance, may keep you away from other medical complications that could increase your risk of Alzheimer’s. Always remember that choosing to age healthy could mean keeping degenerative diseases such as Alzheimer’s away.

The dangers of distracted driving

It might be very tempting to answer text messages when driving, or just to peek at someone else’s Facebook status when behind the wheels. However, taking your eyes, your mind, and your hands off the wheel can lead to disastrous accidents that could be life-changing. In fact, distracted driving is one of the most common causes of injurious and fatal car-related incidents on different roads in the country.

The website of lawyers from the Abel Law Firm says distracted driving can lead to car accidents. According to their website, many cases of truck accidents involve distracted driving. A driver can be distracted mainly in three ways: visual, or taking their eyes off the road, manual, or taking their hands off the wheel, and cognitive, or taking their mind off driving.

Visual, manual, and cognitive distractions may take many forms. Texting while driving, for instance, is considered among the most dangerous, because the driver would have to take his eyes, hands, and mind off driving and into texting. Dialing a number to call someone is also a visual, manual, and cognitive distraction. When talking over the phone hands-free, a driver could be prone to cognitive distraction, although he may not have to take his eyes and his hands off the road and the wheel.

Apart from mobile phone use, trying to multi-task while behind the wheel could make you more prone to accidents. Grooming while driving, for instance, is a visual-manual distraction. According to the website, www.evansmoorelaw.com, eating and drinking while driving, checking maps, talking to passengers, or even adjusting the radio may all leave you distracted.

The results of an accident resulting from distracted driving can be disastrous. In fact, a 2010 national statistics revealed that more than 3,000 people were killed and an additional 400,000 were injured due to accidents associated with distracted driving. So, the moment you step inside your car and get behind the wheel, keeping your hands on the wheel and your eyes on the road means taking care not just of your safety, but also the safety of your occupants and everyone sharing the road.

What you should know about Takata airbags

For several years now, major automakers around the globe have been recalling thousands of their units because of defective frontal airbags that may explode during deployment. According to reports, over a hundred injuries and seven fatalities have been linked to the defective airbags. Takata, a Japanese auto parts maker, have been ordered this month to pay up to $200 million as a civil penalty, and was banned to use the propellant it used in the defective airbags unless proven safe.

According to the website of the lawyers at Habush Habush & Rottier S.C. ®, defective airbags, such as those produced by Takata, can cause injuries and wreak havoc to drivers and front passengers. Instead of inflating, Takata’s defective airbags explode, spraying drivers and passengers with shards of plastics and metals that can be injurious, sometimes even fatal.

But how does the airbag become injurious? Takata was the first airbag maker to use ammonium nitrate as the primary propellant. Ammonium nitrate wafers, instead of inflating the bags, tend to explode, creating shrapnel from shards of the inflator’s metal wall. These jagged little pieces of debris may then cause the airbag’s lining to rupture, spraying front occupants with metal and plastic bits at a speed so high that it could be injurious, or fatal.

In November last year, a New York Times report said the company was well-aware of the airbag’s possible defect way back 2004, but chose to hide the risks. Because many vehicles have been affected by the defect, the National Highway Traffic Safety Administration (NHTSA) announced that the Takata airbag recall would go nationwide. To date, it is estimated that about 34 million cars have been installed with defective airbags in the U.S. alone, while another 7 million cars are affected outside the country. According to the website of Spiros Champaign Law Firm, the manufacturers currently affected by the recall include Ford, Honda, Chrysler, BMW, Mazda, Nissan, Mitsubishi, Pontiac, Subaru, and Toyota.