Sean Keith of Keith, Miller, Butler, Schneider & Pawlik, PLLC is representing the family of local teen, Sara Symon. Sara was 17 years old and on the homecoming court at Bentonville High School. Her death was the result of aggressive driving and a seatbelt defect. The lawsuit has 4 defendants: the driver of the other car in the accident, the second driver’s employer, the maker of Sara’s Jeep, and Chrysler and Honeywell, the vehicle’s seat belt company.

“Sara Symons should be alive today,” Sean Keith said. “Sara was thrown from her vehicle, landing on the pavement, which ultimately caused her death.”

Sara’s story was also covered on 40/29 and on KNWA.

According to the National Highway Traffic Safety Administration (NHTSA), in 2009 (their most recent study) 5,474 people were killed due to driver distraction.  An additional 448,000 were injured due to driver distraction. This means that 16% of all fatal crashes and 20% of all accidents across the country in 2009 involved distracted drivers. Other studies suggest:

• Teen drivers are most likely to be involved in a fatal crash where distraction is reported (16% of all teen crash fatalities in 2009)
• Drivers on the phone are four times more likely to crash
• Texting or emailing creates a crash risk 23 times worse than driving while not distracted
• Using a cell phone while driving—whether it’s hand-held or hands-free—delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.
• Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind

Not only are Drivers Texting, they are Surfing

In December 2011, State Farm Insurance released the results of a 900 person survey that they conducted.  The results showed that the use of mobile Web services has significantly increased in the past two years. The data showed that, for all drivers, accessing the Internet while on a cell phone increased from 13 percent in 2009 to 18 percent in 2011, and from 29 percent to 43 percent for drivers 18 to 29. The mobile Web is a growing issue for safety advocates concerned about distractions while driving,” said David Beigie, State Farm public affairs vice president.

Tips for Managing the Distractions

Here are some tips taken from endDD.org.  These will help you manage some of the most common distractions while driving:

1. Turn It Off – Either turn off your phone or switch to silent mode before you get in the car.
2. Pull Over – If you need to make a call, pull over and stop in a safe area first.
3. Deputize Your Passengers – Ask your passengers to answer or make calls for you. Conversely, if you are a passenger, offer to answer the driver’s phone.
4. X the Text – Don’t ever text and drive, surf the Web or check email. It is dangerous and against the law in most states.
5. Prepare – Review maps and directions before you start to drive. If you need help when you are on the road, ask a passenger or pull over to review your directions again.
6. Secure Your Pets – Pets can be a big distraction in the car. Always secure your pets properly before you start to drive.
7. Keep the Kids Safe – Pull over if you need to address situations with your children in the car.
8. Focus on the Task at Hand – Avoid smoking, eating, drinking, reading and any other activity that takes your eyes off the road, hands off the wheel or mind off your driving.

In addition to our client’s untimely death, another passenger was also killed and approximately 28 others were injured.  The insurance coverage on the bus was limited to $3 Million dollars to pay for the pain, suffering, medical bills, and deaths involved in this horrific crash.  Because of the limited funds and the number of injured people, many of whom were severely and permanently injured, all of the attorneys involved felt that it would be best to mediate a settlement of the insurance funds.  A mediation like this one helps ensure that everyone is fairly compensated for what they had suffered without the expensive and time-consuming process of a trial. 

Attorneys Sean Keith and Anna Betts attended the mediation on behalf of our client and fought to ensure that the severe injuries and pain she suffered before her death were not minimized or overlooked because of her age, ethnicity, or socio-economic status.  After more than 30 hours of intense negotiations over the course of two and one-half days, Sean and Anna were able to obtain one of the two highest settlements for the estate of our client for her terrible injuries and wrongful death. 

As car accident and personal injury attorneys inNorthwest Arkansas, Sean and Anna are committed to working hard to ensure that their clients receive a fair, honest settlement.  When insurance companies are dismissive of your injuries or are minimizing what you have suffered, we will fight to help you get the settlement you deserve. 

If you have been injured by a distracted or careless driver, give us a call and see what we can do to help you.

Parking lot accidents and low-impact accidents are often minimized by insurance companies who are looking to save a buck.  However, the injuries sustained in these types of accidents are very real and very painful.  If you need someone to fight for you and help get your medical bills paid, please give us a call today.

Our client was in a car accident several years ago where she sustained a severe knee injury, among other injuries.  After years of treatment and a surgery, the medical bills were significant.  The person who caused the accident had state minimum insurance coverage which only afforded $25,000 in coverage.  Our client was forced to make a UIM claim to her own insurance company, only to be told that they did not believe that her knee injury was related to the auto accident.  This denial was made despite the fact that our client’s doctor clearly, and unequivocally attributed the knee injury to the car accident.  We recently filed suit and will be taking Hanover American Insurance Company to court for their unfair and unfounded denial of her injury claim.

Often, pursuing a claim with one’s own insurance company is as contentious and difficult as pursuing a claim against the insurance company of the person who caused the accident.  Insurance companies want to save money and do not want to pay valid claims if they feel there is some way to get around it.  Clients then come to us to get help in holding their insurance company accountable for what they owe.

There are many options available that clients are unaware when they have been injured in a car wreck.  Contact us if you have been injured and let our attorneys handle your case to ensure that you utilize all the insurance that is available to make sure you are fully compensated for your injury.

It may seem self serving, but there’s a very good reason why you should have a lawyer for any accident.

The insurance adjuster is better at this than than you are.

They are trained professionals working for corporations whose only job is to pay you the least amount of money they can.  That is their first and only priority.  If there is a better reason to get a lawyer if you are injured in a car wreck, I can’t think of it.

We sometimes get clients who have talked with the insurance adjuster.
The last thing you want is to not get an attorney when you need one.

That guy with the clipboard — he works for the insurance company, which does not want to give you anything.

Be spared the headache and frustration – contact us today for a free consultation.

A:  Absolutely.

Most people are familiar with liability insurance:  insurance which covers you if you are at fault and injure another person.  However most drivers have personal injury protection (PIP) coverage as part of their policy.  PIP includes several things including a death benefit if you are killed, a short term disability claim if you are not able to work and most importantly it provides “medpay” which is the payment of medical bills for any person in the vehicle for at least $5,000.00.

Arkansas law requires that every insurance company offers this coverage.  Medpay becomes very important in covering your initial medical bills, for example the ambulance bill, hospital emergency room,  follow up visits with the doctor and perhaps physical therapy.

Using medpay will keep the collectors off your back.  Most car wreck claims are not resolved until at least six months have passed and many can last up to three years.  You may ultimately pay back your insurance company but you only have to pay back 2/3rds of what was paid which will allow you to put more money towards your injuries.

It is  also always important for clients to utilize their health insurance coverage for any bills that arise as well.  Although many medical providers are telling patients that they only accept cash for car wreck cases I have found that there is very few if any health insurance that do not cover bills from car wrecks.  You need to be ready to be agressive to get past the lady at the front desk to see your doctor for treatment of injuries from a car wreck.

Here are some other coverages that may be available to you:

• Collision- Your insurance may repair or replace your own vehicle or property after an accident whether or not you were at fault.  If it is unclear who is at fault, your insurance is more likely to repair or replace your damaged vehicle or property.
• Rental Expenses-  While your vehicle is being repaired, your insurance may reimburse your rental expenses.
• Uninsured or Underinsured Motorists- If this is available in your policy, your insurance will cover you if you are hit by an uninsured driver.  For underinsured motorists, if your damage is greater than the driver’s insurance who is at fault, your insurance will cover the difference up to the limit in your policy.
• Medical Expenses- Your insurance may pay for medical expenses caused by an accident if you elected that option in your policy.  However, if you receive a settlement, you may have to reimburse your carrier from your settlement for medical payments the insurance company made.

Ultimately the other driver, if found to be at fault, is responsible for the following:

• Bodily Injury- The other driver’s insurance company will pay for medical expenses, pain and suffering, physical injuries, and lost past and future wages. 

*Important:  You should not negotiate with the other insurance company until after your medical treatment has been completed.  Also, the other insurance company will try to give you low offers and delay settlement.  It is important for you to contact an attorney at Keith, Miller, Butler, Schneider & Pawlik so they can do the negotiating with the insurance company while you recover.  That way, you don’t deal with the stress and you receive the maximum settlement from the insurance company.

• Property Damage- The at fault driver’s liability coverage will pay for the damages caused to your car or other property.  This will usually occur soon after the accident.  Again, it is important for you to contact one of our attorneys to ensure that you are receiving your maximum settlement on your property damage. 

If you are injured in a car wreck while on a job, your employer’s worker’s compensation may provide payments as well.  It is very important to contact our office to handle your worker’s compensation case and coordinate it with the auto insurance companies.

To discuss these options and receive the most for your injuries and damages request a Free Consultation now.

A:  You still have a lot of options.

This issue comes up with our clients alot.  It is the reason most people carry both underinsured and uninsured automobile insurance along with personal injury protection (often referred to as p.i.p. or medpay).

If the other driver doesn’t have insurance then you must make a claim on your uninsured policy. 

In this situation your insurance company steps into the shoes of the guy that hit you.  They often times will deny liability and argue that you, their insured, was at fault.  They may agree that the other driver was at fault but that you weren’t hurt bad enough to receive full reimbursement for your injuries.  You do have options and fortunately if I have to file a lawsuit against your own insurance company for not paying your claim the jury will know there is an insurance company involved.