Author: Ryan

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General Recreational Vehicle Accidents

Injured while recreationally boating? Call us for assistance

A 37 metre (121 foot) long pilot schooner is pictured sunk at the port of Stadersand near Hamburg, on June 9, 2019. - A collision between a vintage sailing ship and a container vessel in Germany injured five people and sunk the wooden ship which had just been restored at a cost of 1.5 million euros ($ 1.7 million), police said. (Photo by Bodo Marks / dpa / AFP) / Germany OUT (Photo credit should read BODO MARKS/DPA/AFP via Getty Images)

In 2015, the U.S. Coast Guard investigated 4,158 accidents involving 2,613 injuries, 626 deaths and roughly $42 million in property damage to property from recreational boating accidents.

Boating Accident? We can help

The fatality rate is on the rise, with an almost 2 percent increase from 2014 when 5.2 deaths occurred for every 100,000 registered recreational boats. While not all causes of death were determined, in those cases that were, 76 percent of the deaths were due to accidental drowning. When life jacket usage was noted, 85 percent of the fatalities occurred to those who weren’t wearing any.

Over 70 percent died on vessels where the one at the helm had not received any instruction on boating safety when that information was known and a mere 15 percent of the total fatalities on boats happened with operators who received nationally-approved certifcates in boating safety.

Propellers caused the deaths of at least one individual in 158 boating accidents last year, causing 27 fatalities and 150 injuries. Eighty percent of drowned boaters were in vessels that were under 21 feet long.

Five main factors that contributed to boating accidents:

1. Operator inattention

2. Operator inexperience

3. Improper lookout

4. Machinery failure

5. Excessive speed

However, use of alcohol while boating remains the top contributing factor for fatal accidents out on the water. Last year alone, in just accidents where the primary causes were identified, alcohol usage topped the list as a primary factor in 17 percent of boating deaths.

If you or a family member get injured in a boating accident due to someone’s negligence, we can help you pursue civil litigation by filing a claim with the Tennessee courts. Contact OEB Law, PLLC at (865) 546-1111today so we can get started working for you. 

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General

Do you understand the concept of subrogation?

If you ever had a claim against an insurance company — yours or another person’s — it’s possible that the company discussed subrogation with you. While they may never have used that exact term, if they questioned how you were injured and who was responsible, that was actually what they were determining.

What is subrogation?

The concept of subrogation emerges when someone gets hurt and a person or entity (like the injured person’s insurance company) pays for treatment or damages that another at-fault party caused. The not-at-fault party that covers the medical or treatment bills is the collateral source, and as such, takes that person’s place in order to assert a claim for subrogation. Yet this claim cannot be greater than that of the intended recipient of those benefits.

This can be a confusing concept, so think of it like this: It is not fair that a person collects a settlement or judgment for the portion of payments made on one’s behalf for one’s medical care. That’s considered to be “double recovery.” Injured parties have a right to recover the actual damages they incurred, but can’t profit from the loss.

If your insurance company paid $10,000 to the hospital and doctor that treated your injuries, that sum is owed not to you, but to those health care providers. Subrogation claims extend to programs that offer government benefits, too, like Medicaid, Medicare, Veterans’ benefits and indigent patient programs.

Does Subrogation affect my settlement?

Because subrogation rights can affect the amount of the settlement or judgment you receive, it’s important that you have a clear understanding of how it works. Ask your personal injury attorney to clarify any unclear points to you before agreeing to any terms.

At OEB Law, PLLC, we are here to help you understand subrogation and get you the best discount for the subrogation.  If you are injured, call us today (865) 546-1111, OEB Law, PLLC we can turn your wreck into a check. 

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Bus Accidents Car Accidents General Motorcycle Accidents Recreational Vehicle Accidents Truck Accidents

Which drivers are most likely to cause an accident?

Just about every day, we get into our cars and drive to work, to run errands, to pick up the kids at soccer practice or to meet up with friends for dinner. In many cases, we are more concerned with getting where we need to be on time than we are with who we are sharing the road with.

Which driver is most likely to cause an accident?

The fact is, every driver on the road has the potential to cause an accident. It may be one that could have been prevented or a complete fluke, but the risk of getting into a crash is very real. However, learning which drivers are most likely to cause an accident could help people be more aware on the road. It could also help those drivers who are at a higher risk of causing an accident assess their own driving behaviors before an accident occurs.

According to statistics, drivers between the ages of 16 and 29 cause the most accidents. This may be unsurprising, as this group consists largely of novice drivers, college students and young adults.

As drivers get older, the number of crashes per miles driven declines steadily. Again, this may be unsurprising, as older drivers may be more cautious. 

However, the rate of crashes increases for drivers who are around the age of 70 and it only goes up from there. This is and will continue to be a serious issue, as the number of seniors is expected to double between 2012 and 2050. By then, there will be an estimated 83.6 million senior drivers, many of whom will be licensed drivers.

Is age only a number? Does it matter?

It is important to note that being a certain age does not mean a person is a potentially dangerous driver. However, elderly drivers often struggle with vision problems, impaired coordination and reflexes, memory loss and confusion which can significantly impact their behaviors and capabilities behind the wheel.

With all of this in mind, it may be a good time to remind young drivers about safety while driving and reassess an elderly loved one’s driving abilities. Addressing potential issues before an accident happens can save lives and prevent the devastation of physical and emotional damages suffered by crash victims.

If you have suffered from another driver’s negligence, contact us today.  We can help you with the claim and get the compensation you deserve.  OEB Law, PLLC, the ones you know and trust. (865) 546-1111. 

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General

What to do if you are in an accident with an uninsured driver

Getting into a motor vehicle accident can be very upsetting. In the blink of an eye, you can find yourself dealing with unexpected hospital bills, police reports and insurance agents; on top of all this, you can be without a vehicle if it was completely wrecked or needs to be repaired.

Uninsured? Underinsured?

One thing that can make this situation even worse is if the other driver involved in the accident is uninsured or underinsured. If this happens, you can wind up being even more scared about the financial toll the accident will take on your life. However, there are some crucial things to keep in mind if you are currently dealing with this issue.

Even if a driver is uninsured, he or she may not be the one financially responsible for damages. If, for example, a driver was operating another person’s car, the owner of the car may actually be liable. If a product defect contributed to the accident, there may be grounds to seek compensation from the manufacturer of that defective product.

In some cases, your own insurance can and should cover damages. However, insurance companies often deny claims or offer less than a person deserves in an effort to make money. Thoroughly understanding your policy and coverage limits can be crucial in protecting the compensation you deserve.

Seeking compensation after a crash with an uninsured driver is quite challenging. There are several parties you may have to deal with, which can be intimidating and overwhelming. Thankfully, you do not have to go through this situation alone. 

The attorneys at our firm have the experience and knowledge to help people seek fair compensation after any type of motor vehicle accident, including those where another party did not have adequate insurance. Call the ones for you, OEB Law, PLLC at (865) 546-1111. 

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General

The blame game: measuring fault in a Tennessee accident

One of the first priorities that car accident victims and their families have in the aftermath of a crash is to figure out who was at fault for the accident. Not only is it completely natural to want to know what happened, but it can also be crucial to establish fault if a person wishes to take legal action.

Who’s at fault?

It is not enough to say that a car accident was someone else’s fault and demand compensation. In Tennessee, there are rules regarding modified comparative negligence that will dictate if and how much compensation a victim may collect after a crash. Knowing what this means and how it will impact your claim can be important.

Basically speaking, comparative negligence means that a person can be held financially responsible for damages if he or she is found to be at least 50 percent responsible for an accident when compared to the victim.

Let’s consider a hypothetical situation. Imagine you are driving on the highway when a driver next to you loses control and hits the side of your vehicle. Initially, you may think that it is all the other driver’s fault and he or she should pay for damages. However, should you file a lawsuit, a judge or jury will take into account all the factors that contributed to the accident. If, at the time of the accident, the other driver was speeding but you were texting, you will likely be assigned some of the blame for the crash.

Can I Still File a Claim?

The amount of compensation awarded will depend on how much blame is assigned to each party. For example, if it is determined that you were 20 percent to blame for a crash and the other driver was 80 percent to blame, he or she will be ordered to pay 80 percent of the damages you have suffered. If you as the victim were more than 50 percent to blame, however, the other party will typically not have to pay for any damages you suffered.

With all this in mind, it should be clear that calculating and establishing fault after an accident can be vital for anyone who wants to pursue compensation. Trying to figure all this out — and support your claim in a courtroom — can prove to be quite overwhelming so it can be a wise decision to speak with an a personal injury attorney. The experienced attorneys at OEB Law, PLLC can help.  Call (865) 546-1111 today to get the help you deserve.