Wednesday, April 12, 2023

Multi-Car Accident: Fault, Causes & Your Legal Rights

A multi-car crash occurs when three or more cars collide in a series of accidents, often leading to a “pile-up.” A multi-car accident can be particularly traumatic because of repeated collisions that increase the risk of injury. If you were injured in a multi-car crash caused by someone else’s bad behavior, an accident attorney in El Paso can investigate the case and advise you of your legal rights and options.

Types of Multi-Car Accidents

Some common types of multi-car accidents in El Paso, Texas include:

  • Rear-end accidents – These accidents occur when one vehicle hits the back of another. Depending on the force of a rear-end impact, the vehicle behind could push the leading vehicle into the car in front of it, resulting in a pile-up.
  • Side-impact accident – When one vehicle hits the side of another car, it is considered a side-impact accident. These accidents can involve multiple vehicles if one driver sideswipes or T-bones another vehicle hard enough to knock it sideways into another vehicle.
  • Head-on accidents – A head-on collision occurs when the front of one vehicle hits the front of another. If one driver swerves head-on into an oncoming vehicle, a head-on accident could immobilize both vehicles on the road and start a chain reaction of secondary accidents.
  • Pile-up accidents – Pile-up accidents often appear on the news because of the number of vehicles involved. In worst-case scenarios, pile-up accidents involve many cars that get crushed or “piled up” on top of each other in heavy traffic.

How Fault Is Determined in Multi-Car Accidents

Determining fault in a multi-car accident is no simple task. There might be multiple at-fault parties, each with their own insurance companies or defense attorneys who will try to shift the blame to others. If you get hurt in a multi-car accident, you need an accident attorney in El Paso to review your case, assess the liability of the parties involved, and seek compensation on your behalf.

An injury lawyer in El Paso can start on your case by gathering evidence from the accident scene. Their investigation could include interviews with responding officers, emergency medical personnel, and witnesses. They might also take statements from the other drivers and vehicle passengers. Attorneys also often look at video footage, photos, and crash reports to piece together how the accident occurred.

Texas law bars you from recovering compensation for your losses if you are more than 50 percent responsible for an accident. As a result, insurance companies often try to save themselves money by pinning the blame on crash victims. At the Law Offices of Michael Gopin, PLLC, we can stand up to the insurance companies and fight for fair compensation on your behalf.

Injured? How Michael Gopin Can Help You

The El Paso car accident lawyers at the Law Offices of Michael Gopin, PLLC have been helping accident victims in El Paso, Texas for more than 30 years. If you were injured in a multi-car accident due to someone else’s negligence, we’re here to help you demand the recovery you deserve. Contact us today to get started with your free initial consultation.

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Monday, February 13, 2023

How Much Do Vehicle Crashes Cost Americans Every Year?

The amount of money a car accident costs depends on several factors, including the severity of the injuries and property damage involved. There are also costs beyond the more obvious ones for medical treatment and property damage. When accidents occur, and particularly when people are injured or killed, it creates costs like lost workplace productivity, lost household services, legal expenses, and other costs.

If you have been hurt in a car accident, turn to the Law Offices of Micahel J. Gopin, PLLC. Our El Paso accident attorneys have more than 30 years of combined experience fighting for the rights of car accident victims. We want to help you pursue the compensation you need for your injuries and losses. Call us today for your free initial case review.

Cost of Vehicle Collisions Each Year

According to a study by the National Highway Traffic Safety Administration (NHTSA), roadway incidents cost Americans $340 billion in one recent year. That’s equivalent to $4,140 for a family of four. However, the number doesn’t account for other costs related to car crashes, such as diminished quality of life and similar losses. Including these factors increases the annual cost to $1.4 trillion.

The NHTSA released a report of all factors considered in the study and the costs to Americans each year. They include:

  • Medical expenses – $31 billion
  • Lost market and household productivity – $106 billion
  • Property damage – $115 billion
  • Traffic congestion from crashes, including excess fuel consumption, greenhouse gases, travel delay, and criteria pollutants – $36 billion

The report also shows the number of traffic-related deaths was lower than the analysis from a decade earlier, a trend that has recently reversed course and reached record highs, according to the NHTSA. Still, the 36,500 fatalities included in the report accounted for $1.6 million in economic costs for each person.

Non-Financial Costs of Accidents

Unfortunately, car accidents cause other consequences besides financial strain. Medical bills can be expensive, but an insurance claim can lead to a settlement covering those costs. However, compensating someone for their physical and emotional suffering is challenging.

Diminished or lost quality of life, physical pain and suffering, emotional distress, and other non-economic losses can significantly affect someone after a car crash. Dealing with chronic pain, post-traumatic stress disorder (PTSD), and other physical or psychological issues can have long-term consequences. An experienced car accident lawyer can also help fight for fair compensation that covers these non-financial losses.

Involved in an Accident? Michael Gopin Can Help

Car accidents are costly in terms of money and the damage they do to people’s lives. Many accidents are preventable, but other drivers may act carelessly and wreck into you. If you have been hurt in a collision, a car crash attorney from the Law Offices of Michael J. Gopin, PLLC can help pursue the compensation you deserve.

Call or contact us online for a free consultation with an experienced car accident lawyer in El Paso if you sustained injuries in a car crash due to someone else’s negligence.

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Wednesday, January 25, 2023

Survey Reveals the Cities that Tweet About Road Rage the Most

The publication Get Circuit recently conducted a Twitter survey in search of the cities that tweeted the most about road rage. The results are in, and the findings are alarming for those in The Lone Star State.

Road Rage Statistics

Here are some concerning statistics about road rage:

How Do We Define Road Rage?

The NHTSA defines aggressive driving as operating a motor vehicle in a way that endangers or is likely to endanger others or property. Road rage occurs when drivers behave in more extreme ways on the aggressive driving spectrum and are typically considered criminal offense. Aggressive driving or road rage behaviors may include:

  • Tailgating
  • Speeding
  • Passing in prohibited areas
  • Failing to yield the right-of-way
  • Running red lights or disobeying traffic control devices
  • Making erratic lane changes
  • Reckless driving
  • Yelling or making gestures at other motorists
  • Purposefully causing a crash
  • Ramming into other motorists
  • Physically confronting other drivers
  • Physical assault
  • Murder

Locations Where Road Rage is Most Common

The Get Circuit survey searched for cities with the most posts referencing #roadrage. According to the survey, the top 20 cities with the most #roadrage tweets per 100,000 people were:

  1. Eugene, Oregon – 500
  2. Atlanta, Georgia – 336
  3. Orlando, Florida – 273
  4. Pittsburgh, Pennsylvania – 214
  5. Miami, Florida – 178
  6. Birmingham, Alabama – 158
  7. Nashville, Tennessee – 155
  8. Cincinnati, Ohio – 142
  9. Tampa, Florida – 141
  10. Buffalo, New York – 139
  11. Boston, Massachusetts – 137
  12. Knoxville, Tennessee – 131
  13. Cleveland, Ohio – 129
  14. Des Moines, Iowa – 112
  15. Dallas, Texas – 109
  16. Grand Rapids, Michigan – 108
  17. Kansas City, Missouri – 107
  18. Minneapolis, Minnesota – 105
  19. Fort Lauderdale, Florida – 102
  20. Denver, Colorado – 99

Alarmingly, some of the cities where road rage was most often tweeted about were in states with more lax gun laws. The survey revealed:

  • 4 percent of drivers admitted to brandishing a weapon.
  • 65 percent of drivers admitted to carrying a weapon with them for protection when driving.
  • 40 percent of those who admitted to carrying a weapon identified they carried a gun.

It is not difficult to imagine a situation involving an angry driver and weapons easily escalating into a dangerous encounter that results in death or serious injury.

Injured in a Road Rage Accident? Michael Gopin Can Help

If you were injured in a road rage accident in El Paso or surrounding areas, a car accident lawyer from the Law Offices of Michael Gopin, PLLC can help. We have been advocating for the rights of accident victims since 1987. Contact us today for a free case review.

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Wednesday, January 4, 2023

Safe Driving Tips for Texas Highways This Season

Although Texas is notorious for having some of the hottest summers in the country, extreme weather can wreak havoc in the winter, too. The combination of cold temperatures and unpredictable precipitation can create dangerous driving conditions for motorists on Texas highways in the wintertime. Here are some tips on protecting yourself and your vehicle this season. 

Why Does This Season Present Dangers on the Roads?

Winter weather can create driving hazards like low visibility, high winds, and sudden temperature fluctuations. The following data from the Federal Highway Administration (FHA) and the Texas Department of Insurance illustrate how dangerous this weather can be:

  • On average, more than one in five motor vehicle crashes in the United States are weather-related.
  • Roughly 5,000 Americans die, and more than 400,000 suffer injuries in weather-related car accidents nationwide every year.
  • In Texas, inclement weather contributes to more than 10 percent of reported crashes statewide.

What to Look Out For

If you’re commuting to work, visiting loved ones for the holidays, or going on a road-trip vacation this winter, keep the following safe driving tips in mind:

  • Check road and weather conditions in advance – Before you leave, check the weather and traffic reports to know what to expect. You might want to avoid specific routes due to bad weather or congestion. 
  • Slow down and turn off the cruise control – You need more time to slow down and stop in bad weather conditions, so decrease your speed and avoid relying on cruise control. You will likely need to make frequent adjustments.
  • Watch out for snow plows and other vehicles – Be sure to give plows and other snow removal vehicles at least 200 feet of space. Watch your blind spots in case other vehicles are nearby.
  • Drive defensively and signal your turns early – Too many drivers do not adjust their speed or driving habits to account for bad weather. Drive defensively to compensate. Signal your turns early to let other drivers know what you are doing.
  • Avoid braking too hard or turning too sharply – Hard braking and sharp turns can result in loss of traction on icy roads. Maneuver slowly and deliberately.
  • Pull over if visibility is poor and you can’t see – When heavy precipitation, intense glare, or other conditions reduce your visibility, pull over and wait for safer weather before you proceed. Activate your hazard lights and place flares or reflectors near your vehicle so other motorists can see you.
  • Make sure your vehicle is in good condition – Winter weather wears down rubber seals, fluid levels, battery charges, and more. Ensure your brakes, fluids, lights, and other equipment are in good shape before hitting the road.

Remember to Keep These Items in Your Vehicle

You can prepare yourself for possible emergencies on the road this winter by keeping the following in your vehicle:

  • A spare tire, car jack, and wheel wrench
  • Jumper cables and a basic toolkit
  • A flashlight with extra batteries
  • A car charger for your cell phone
  • A complete first-aid kit
  • Nonperishable food and drinking water
  • A snow shovel, scraper, and brush
  • Warm clothing and blankets
  • Cat litter for traction

If an Accident Happens, Remember To…

If you get hurt in a Texas car accident this winter, remember to take the following steps to protect yourself and your legal rights:

  • Seek prompt medical attention and follow your doctor’s orders
  • Ask for the other driver’s contact and insurance information
  • Take photos of the crash scene and ask witnesses for their names and contact info
  • Keep medical bills and other crash-related documentation
  • Watch what you say to others or post online while your case is pending
  • Contact a knowledgeable El Paso car accident lawyer for legal advice

Why Legal Representation Matters

The best way to pursue the financial relief you deserve in the aftermath of a car accident is with the help of an experienced personal injury lawyer. Contact the Law Offices of Michael J. Gopin, PLLC to learn about your legal options during a free case review.

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Friday, December 30, 2022

Automatic Emergency Braking Drastically Reduces Rear-End Crashes, Studies Show

The Partnership for Analytics Research in Traffic Safety (PARTS) recently launched a collaborative study regarding the effectiveness of automatic emergency braking (AEB) systems. AEB already held promise as a premier safety feature among techies, but no formal automatic braking study had tested the system’s real-world benefits. Were vehicles equipped with AEB and front collision warning (FCW) safer than those without these technologies? If so, by how much? El Paso car accident lawyer Michael Gopin answers those questions in detail.

 

Results from Automatic Braking Analyses

The automatic braking study showed that passenger vehicles with driver assistance programs like AEB and FCW decreased rear-end collisions by about 50 percent. Separated by crash type, these are the averages in crash reduction linked to AEB:

  • 49 percent reduction in overall crashes
  • 42 percent reduction in serious crashes
  • 53 percent reduction in injury crashes

AEB was more effective than FCW in preventing rear-end collisions. Compared to the 53 percent decrease in crash injuries for cars with AEB, vehicles with FCW saw only a 16 percent overall reduction and a 19 percent decrease in injury-causing collisions. 

 

Automatic Emergency Braking in Pickup Trucks

El Paso drivers may be surprised to learn that pickup trucks make up only 20 percent of vehicles on the road nationwide. They are far less likely to be equipped with the latest driver assistance technology. However, those with AEB saw a similar 43 percent reduction in overall crashes and a 42 percent drop in accident-related injuries, according to research by the Insurance Institute for Highway Safety.

As a lawyer in El Paso with over 30 years of experience, Michael Gopin maintains that even trucks equipped with AEB can get in collisions. Automated driving assistance cannot overcome the effects of human negligence.

 

The Science Behind AEB Studies

The 2022 comprehensive AEB study used data from the National Highway Traffic Safety Administration (NHTSA) and reports from U.S. automakers represented by the Partnership for Analytics Research in Traffic Safety (PARTS). The AEB study involved:

  • 47 million cars, including 93 different models, supplied by PARTS
  • 12 million crash reports involving 21.7 million vehicles in 13 states from NHTSA
  • Third-party analysis linking NHTSA’s crash reports to PARTS’ vehicles

The study analyzed over 2.4 million vehicles involved in crashes, including compact, midsize, and SUVs. In all vehicles, AEB stood out as a useful feature that helped drivers avoid collisions, especially in less-than-ideal driving conditions caused by bad weather, poor lighting, or uneven roads.

The issue now is whether other vehicles should adopt AEB as a standard safety feature.

 

How Michael Gopin Can Help

El Paso car accident lawyer Michael Gopin keeps up with these studies because they affect the safety of the roads we all share. Since 1987, the experienced accident attorneys at the Law Offices of Michael Gopin, PLLC have maintained their community focus on recovering fair financial compensation for injured victims. If you were hurt in a collision caused by a negligent driver, contact our office today for a free case evaluation.

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Tuesday, December 6, 2022

Tailgating Is Illegal and Dangerous

Tailgating causes accidents, many of which could be avoided if drivers simply kept enough distance between their vehicle and the one in front of them. Tailgating is following another vehicle too closely and is dangerous because it can result in rear-end collisions or lead to road rage. Some drivers tailgate because they become frustrated when a car in front of them moves too slowly or cuts them off, or because they are texting, eating, or otherwise distracted. Here, the team at the Law Offices of Michael J. Gopin, PLLC explains the tailgating laws in Texas and what you should do if another driver follows you too closely. 

Is Tailgating Illegal in Texas?

Under Transportation Code §545.062, drivers must maintain a clear distance from the vehicle ahead to stop safely without colliding with it or another vehicle. Failing to maintain a safe following distance constitutes a Class C misdemeanor and carries a penalty of a fine of up to $500.

Tailgating Accident Statistics

Tailgating car accidents are common throughout the United States. But how many accidents are caused by tailgating? According to the Texas Department of Insurance, rear-end accidents (many of which are caused by tailgating) account for nearly one-quarter of all auto accidents nationwide. These wrecks lead to an estimated 950,000 injuries and 2,000 deaths each year.

Why Tailgating Leads to Car Accidents

Some drivers may think tailgating is harmless, but they do not understand the real dangers of tailgating. 

Tailgating often leads to accidents because a driver following too closely does not have enough distance to safely stop if traffic ahead suddenly comes to a halt. Furthermore, some drivers do not realize that stopping distance is proportional to the size and weight of a vehicle. For instance, trucks need more stopping distance than passenger cars.

Tailgating can also impair a driver’s perception and reaction time. For example, a driver following too closely may not have time to see a hazard on the road ahead, nor will they have time to physically react to that hazard to avoid a collision. 

What You Should Do If Someone Is Tailgating You

If someone is tailgating you, remain calm and remember the following tips to keep yourself and other road users safe:

  • Maintain your current speed rather than attempting to speed up or slow down. Either maneuver could further irritate the tailgating driver and make the situation worse.
  • Signal and move to the adjacent right lane as soon as it is safe to let the other driver pass you.
  • If no adjacent lane is available, signal and pull off the road where it is safe and allow the other driver to pass you.
  • Never tap or slam your brakes to send a message to the other driver. Hitting the brakes, or brake checking, while another car is behind you could cause the other driver to crash into you.
  • Stay in the right lane except when passing to reduce the chances of being tailgated by another driver.

Contact a Car Accident Attorney for Help

If you’ve been involved in an accident caused by a tailgating driver, contact the car accident attorneys at the Law Offices of Michael J. Gopin, PLLC today. We can answer your questions and explain your legal options during a free consultation.

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Monday, November 21, 2022

How to Calculate Personal Injury Compensation

As a leading personal injury law firm, one of the most common questions the Law Offices of Michael J. Gopin, PLLC receives is, “What is my case worth?” However, this is not a simple question to answer because every claim is different. Determining the exact amount of compensation for which you may be eligible can be difficult. An attorney can explain how to calculate personal injury damages and the factors that may affect the value of your claim.

How Are Personal Injury Claims Calculated?

This is generally how personal injury compensation is calculated:

Add all of your damages together. This may include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Future anticipated losses

Subtract amounts that you have already received for the claim and any damages you were responsible for.

The difference between these two figures is roughly the amount of personal injury compensation you could receive.

Factors in Determining Compensations

Many factors can make your claim more or less valuable, including:

The Severity of Your Injury

Generally, the more severe your injury is, the more valuable your claim will be. This is because you are more likely to incur more expensive medical expenses, more extensive pain and suffering, and more lost wages.

Lost Wages

Lost wages include pay you lost if you were unable to work because of your injuries, including:

  • Salary
  • Hourly pay
  • Tips
  • Overtime
  • Gratuities
  • Bonuses
  • Employment benefits

Incurred Medical Bills

Your compensation should include the costs you incurred for medical treatment related to your injuries. Medical expenses you may have incurred include:

  • Emergency room treatment
  • Hospital stays
  • Ambulance charges
  • Follow-up treatment
  • Rehabilitation expenses
  • Mental health service costs
  • Prescription medication and medical devices

In addition to those expenses you already incurred, anticipated medical expenses you might incur in the future should also be considered.

Shared Damages

Texas uses a modified comparative negligence system if you contributed to the accident. This means that as long as you were less than 50 percent at fault for the accident, you can still seek compensation for your injuries. However, your accident injury compensation is reduced by your degree of fault. For example, if you were hurt in an accident and suffered $100,000 in damages but were found 25 percent at fault, your damages would be reduced by $25,000.

Steps Used to Calculate Compensation

The following steps are involved in your injury claim calculation:

  • Establish liability – You must be able to show that the defendant owed you a duty of care and breached it. For example, another driver may have driven carelessly and caused a car accident that harmed you.
  • Gather evidence – The more evidence you can gather to establish your claim, the better positioned you will be to recover maximum compensation. Valuable evidence may include accident reports, witness statements, medical records, photos or videos of the accident scene, repair bills, and wage reports.
  • Add up your losses – List and add up all of your accident-related losses, including medical expenses, lost wages, estimated future lost income, and property damage. A lawyer may be able to give you a better idea about how much your pain and suffering damages may be worth.
  • Subtract shared damages – Subtract your amount of shared damages, if any.
    Work with an experienced lawyer – Your lawyer can use their intimate knowledge of personal injury claims to give you a better idea about the potential value of your claim and a fair settlement figure.

Contact a Personal Injury Attorney for Help

If you would like a personalized estimate of your claim’s value, the Law Offices of Michael J. Gopin, PLLC can help. We have been in business since 1987. We can help you understand how Texas law applies to your case and the factors that can affect its value. Contact us today for a free case review.

 

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