Bad Accidents Rack Up in Bad Weather

Posted on January 24, 2012 by oak| Leave a comment

Yikes! A slick Utah road spelled trouble for a lot of drivers. This resident filmed the fiasco. It starts slow but the last half is full of crashes. When the weather is bad, drivers need to slow WAY down. You never know when you’re going to hit a bad patch of road and be at serious risk of an accident.

Winter is always the worst time for driving. You never know what to expect when temperatures drop and there’s been moisture on the road. You might hit black ice or slush that you have no traction in. Good snow tires can make a big difference in the winter but they can’t protect you in every situation, and you never know what the driver behind you has for tires. Driving at an appropriately slower speed in bad weather can help slow all traffic to a more reasonable pace for the conditions. Be safe and if you get in an accident, get checked out by a doctor. If you need a reference for a good doctor or chiropractor to have examine you, give us a call. We’re happy to help.

In our line of work, those who contact us soonest after an accident always have a better result health-wise, as well as financially. If you need a Spokane auto accident attorney or live in Idaho or Utah, give us a call today and we’ll make you a believer in “One Call, That’s All.”

Posted in Auto Accident

Errors Jail Hundreds on Bad ID Information

Posted on December 29, 2011 by oak| Leave a comment

The LA Times is reporting that over the last 5 years, nearly 1,500 people have been incarcerated in LA county jails based on faulty information that led the the arrest of the wrong person. The problems have centered around incorrect fingerprints and partial information in records. That’s nearly 1 person a day who has been falsely arrested and that’s only the known cases. Who knows how many people have been made guilty until proven innocent.

http://articles.latimes.com/2011/dec/25/local/la-me-wrong-id-20111225

If you know someone who has been charged with a crime but is innocent or is being “over-charged” with excessive crimes, give us a call. Our Utah criminal defense attorneys are here to help you get a fair shake when the system isn’t looking out for your best interests.

Posted in Criminal Defense

Never been in an accident? This year could be your turn.

Posted on December 27, 2011 by oak| 1 Comment

The Car Accident Survivor’s Guide

The Car Accident Survivor's Guide One in twenty drivers this year will be involved in some type of auto accident.  And if it happens to you, will you be prepared for dealing with the police, injuries and insurance hassles?  To help you prepare for and survive your accident, Craig Swapp & Associates has prepared this informative eBook: The Car Accident Survivor’s Guide: What you should know before and after a serious car accident. This guide provides a general overview of what you should know about:

  • How much insurance you should carry to protect you and your family from liability, as well as irresponsible drivers.
  • Dealing with the police and witnesses, as well as the importance of documenting the accident scene.
  • When you should seek medical care or physical therapy.
  • Handling the long-term costs associated with severe injuries, including surgeries, disabilities, disfiguration, or future health issues.
  • Insurance adjustors and the tricks they use to delay or deny you fair compensation for your costs following an accident.
  • Property damage issues regarding the repair or replacement of your vehicle.
Download your copy of our pdf e-book by clicking The Car Accident Survivor‘s Guide.

 

Posted in Auto Accident

Childhood Obesity – Is Your Child At Risk?

Posted on December 21, 2011 by oak| Leave a comment

Admit it, life for today’s kids just isn’t the same as your upbringing.  Sure, we had afternoon cartoons and maybe an early Atari game player, but you still found time to ride your bike, play a pick-up ball game, or romp around the playground. Unfortunately, today’s kids find little to entice them off the couch – not with 24/7 cable programing of their favorite shows, video games, and now the iPad.  The last thing on a kid’s mind is running outside to play with friends.

It’s no wonder that childhood obesity might end up the ‘growing’ problem for this generation of kids.   The Centers for Disease Control and Prevention released a study recently that showed a staggering 17 percent of all American kids (ages 2 to 19) are clinically obese.  Since 1980, when the first study was conducted, obesity rates among children have tripled.

So what can a concerned mom and dad do?  The first step is simple math: calories ingested vs. calories burned.  The more you eat – especially foods high in fat and sugar – means extra pounds gained, especially if the child is not active.  A child must balance his or her diet with physical activity. Here are a few helpful guidelines:

  1. Cut back on sodas and sugar drinks in favor of fruit juice, vegetable drinks or even water.
  2. Don’t let your kids convince you they need certain snacks or breakfast cereal they see on television – instead prepare healthy snacks (such as a veggie tray or sliced fruit) and fix well-balanced meals, especially breakfast.
  3. Set reasonable time limits on television, video games and computer use. It is hard to believe, but the average child spends 7.5 hours a day with electronic media.  No wonder family couches wear out so fast!
  4. Insist that your child spend some time outside, if possible. Of course, the parent should monitor these outdoor activities. For some urban residents, outdoor activities may depend on safety factors or close access to a backyard or city park. In those cases, consider taking your kids to your local elementary school playground.
  5. Choose healthy when eating out. Many fast food restaurants now provide healthier choices (such as chicken, apple slices and yogurt) instead of fries, burgers or ice cream.  Because many sit-down restaurants often serve over-sized proportions of food, you can always order one meal and split it between two children.
  6. If you are nursing a child, don’t stop too soon. Studies have shown that breastfeeding protects against later obesity in children.

In most situations, maintaining your kid’s weight simply relies on common sense.  If you have any concern about your child’s health or weight, take time to express your concerns with your pediatrician or family doctor.

Craig Swapp & Associates is committed to the safety and health of today’s kids. Please do all you can to help your children be “kids safe!”

Posted in Safety

Think you know the McDonald’s Coffee Case?

Posted on December 19, 2011 by oak| Leave a comment

For how many years have you associated the American legal system with the terms “jackpot justice” and “McDonald’s coffee case”? Have you ever wanted to know the facts in that case? In a new award-winning documentary film, Susan Saladoff exposes the myths and shows that what actually happened is a lot more reasonable than people were led to believe by the media hype.

Here’s a trailer for the documentary. Quick facts are below.

This next clip is an interview with Susan Saladoff by Bill Colbert.

The basic facts in the case are as follows:

  • Stella Liebeck was seriously burned by McDonald’s coffee.
  • 79-year-old Liebeck was sitting in the passenger seat of her grandson’s car, in the McDonald’s parking lot, when the 180-190 degree coffee spilled on her as she tried to take the lid off. She suffered third degree burns and had to get skin grafts.
  • Before Liebeck got hurt McDonald’s paid out over 700 claims and did nothing about the hot coffee problem..
  • News media around the U.S. incorrectly reported that Liebeck was driving when it happened and was drinking the coffee. Critics also claimed she won millions in a lawsuit against McDonald’s and got rich from spilling her coffee. They said her lawsuit was frivolous and wrong.
  • The truth: Liebeck only asked McDonald’s for the difference between her medical bills and what Medicare wouldn’t pay. McDonald’s only offered her $800.. Her total medical bills were about $20,000.
  • In a lawsuit, the jury awarded Liebeck $200,000 in compensatory damages, which was reduced to $160,000 because the jury decided she was 20% at fault. The jury also awarded her $2.7 million in punitive damages for McDonald’s “willful, wanton, and reckless” conduct, but the judge reduced it to $480,000.
  • McDonald’s revenue from coffee sales was $1.35 million a day.  Thus, the jury award was based on only two days of coffee sales.

Posted in Other Injuries

In a Hurry to Move Junior to a Car Booster Seat? Think Again

Posted on November 29, 2011 by oak| Leave a comment

New Child Safety Seat Guidelines Outline When to Advance Your Child to a Larger Car Seat or Booster.

Remember those days when babies and small children sat in the front seat next to the driver? At the time, the conventional wisdom was this close proximity allowed mom or dad to tend to the child’s needs while driving. Now, in this age of dangerous passenger seat air-bags, we cringe at the thought of exposing our children to such a dangerous position.

It goes without saying that child safety seats – and their proper use – save lives each day.  We see this in our law practice every day.

If you’ve got a little one, you may be interested to learn of a new set of guidelines for children’s car seats.  Recently, theAmericanAcademyof Pediatrics (AAP) revised its guidelines for child safety seat use, which are based on the child’s age, instead of the seat design. The AAP recommends keeping a child in a particular seat for as long as possible, before moving him or her up to the next level.  Here are the guidelines:

Under Age 1:  Children should always ride in a rear-facing car seat designed for infants.

Ages 1 to 3: Children should be kept rear-facing car seat as long as possible until they exceed the child seat manufacturer’s maximum height or weight limits. Once that limit is surpassed, the child should be moved up to a forward-facing seat equipped with a five-point security harness.

Ages 4-7: Children should be kept in a forward-facing child seat with a five-point harness as long as possible – again until they reach the seat’s maximum height or weight limit. Once that limit is reached, a seat belt-positioning booster seat should be used.

 Ages 8-12: Children should be placed in a belt-positioning booster seat until they are large enough for a seat belt to properly fit (4-foot, nine-inches in height). A properly fitting seat belt will lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest and not cross the neck or face.

Up to age 13: Children should remain in the back seat until they reach 13 years of age.

As parents, we can be tempted to move a child to the next level prematurely.  For the sake of your child’s safety in a car accident, please follow these new guidelines.

For more information on car seat safety, see the following link: http://www.aap.org/healthtopics/carseatsafety.cfm.

Please everyone, let’s be “Kids Safe.”

Posted in Auto Accident, Safety

After settling a personal injury claim, can I still recover medical costs from the other driver?

Posted on November 8, 2011 by oak| Leave a comment

When the insurance company offers you a final financial settlement, it almost always requires you to sign a ‘Release of Claims’ document. This Release of Claims is a legally binding contract that states that you have legally released the other driver from responsibility to pay for any additional claims. Once that document is signed you cannot go back and ask for another financial settlement. If you did, your lawsuit would be dismissed immediately by the court.

It is for this reason that, if you are injured in an accident, you should seek legal counsel right away from an experienced personal injury attorney.  Don’t be fooled by the friendly insurance claims adjustor who seems to care about your plight. The adjustor’s real goal is to get you to accept a minimal settlement and sign a Release of Claims.  For this reason, it’s not uncommon for the insurance company to encourage or pressure you to accept a financial settlement in the early stages of your case – before you know the full extent of your injuries, length of recovery, and lost income.  If you take the bait and accept that settlement check, you likely have no legal recourse for more compensation. Remember, with nearly all premature settlements, your short-term gain usually results in long-term financial pain.

Contact us today for a free consultation if you’ve been in an accident and need an Idaho personal injury attorney. Craig Swapp & Associates is licensed in most Western states and handles a wide range of cases.

Posted in Auto Accident

How long does someone have to file a claim after a collision?

Posted on October 27, 2011 by oak| Leave a comment

What you’re referring to is the ‘statute of limitations,’ which is generally defined as the period of time in which legal proceedings must be initiated or your claim will be barred by law.  When a vehicular accident with injuries has occurred, the plaintiff must file his or her claim for damages before the statute of limitations expires.  This period of time varies based on a multitude of factors, including the State in which the accident occurred, whether the claim involves a governmental entity, whether the injured party is a minor, and even whether the at-fault party is insured.  To accurately determine the appropriate time limit you have to bring a claim, you must give us a call.

Although the statute of limitations may give you some time to act, it is never a good idea to postpone taking legal action if you’ve been injured by another’s actions.  Even a delay of few months may damage your case. For example, witnesses memories will fade (or even move away without a forwarding address), or your medical care may be inconsistent.  Plus, your attorney will need time to build your case without the time pressure of an approaching statute of limitations.

We always recommend that injured victims call us immediately following their accidents. Not only will we provide you with your legal options, but we can also help you avoid case-killing mistakes – such as making a recorded statement to the insurance company without an attorney’s aid, allowing for gaps in your medical treatment, or accepting a premature settlement offer.  Craig Swapp & Associates’ Utah personal injury attorneys offers a free consultation for any accident victim. There’s no obligation to discuss your situation with our legal staff.  For your free consultation, call 1-800-404-9000.

Posted in Auto Accident

7 Tips to keep your trick-or-treaters safe this Halloween

Posted on October 18, 2011 by oak| Leave a comment

7 Tips to keep your trick-or-treaters safe this Halloween

Halloween safety tipsHalloween’s right around the corner, and little monsters and ghosts will be soon prowling the streets again.  Like most parents, you’ve probably heard all the horror stories, like dark-costumed kids darting in front of unsuspecting cars and even razor blades in apples.  But this year, just a little “kids safe” common sense will help your kids enjoy the night without mishap.  Here are 7 tips to keep your little monsters safe:

1 Sit the kids down and review the rules for the night, such as always trick-or-treating to known homes or familiar neighborhoods, using the buddy system, not entering a stranger’s home, staying on the sidewalk whenever possible, and looking both ways before crossing the street.

2 Make sure every child is highly visible in the dark by ensuring his or her costume has some type of “glow in the dark” or reflective decorations.

3 Teach your children to stay clear of fire hazards such as open-flame candles and lit Jack-o-lanterns.  Also, as a safeguard, be sure all costumes are made from fire-retardant materials.

4 Remind your children to always be on the outlook for cars, especially for those “follow-along” cars whose driver‘s attention may be focused on watching his or her kids, instead of other children who may be crossing the road.

5 Decide on a meeting place just in case one child becomes separated from the group.

6 Make sure your goblins have a cell phone available for emergencies, especially for those who insist on trick-or-treating without mom or dad nearby.

7 Perform a candy audit afterward and dispose of any unwrapped or suspicious candy (and extract an appropriate parent candy tax from your children’s booty).

By following these simple rules, your kids should have a fun evening, and mom and dad will worry just a little bit less. Have a “Kids Safe” Halloween!

Posted in Safety

Is your family car smart enough to prevent single-vehicle accidents?

Posted on October 3, 2011 by oak| Leave a comment

microchipNever heard of ESC? Your car, truck or SUV just may have it and it could save your family one day.

ESC stands for ‘Electronic Stability Control,’ and in simple terms ESC is automotive computer technology designed to prevent single-car accidents, such as rollovers, running off the road, or falling asleep at the wheel. The National Highway Traffic Safety Administration (NHTSA) issued a study that estimated up to 10,000 lives would be saved each year (as well as 250,000 injuries) if all cars on the road were equipped with ESC.

ESC uses sensors in the car’s steering system to compare the driver’s intentions against other vehicle sensors, and takes corrective action if necessary. For example, if a car begins to ‘oversteer’ (such as fishtailing or skidding), the ESC would automatically apply a brake to one wheel to control the unintended slide.  ESC would also help control a car from ‘understeer’ (when the driver attempts to turn, but the car does not respond, such as on wet or icy roads) by adding power to a wheel.

Studies have shown that ESC is faster and more accurate than a professional driver in dealing with situations involving understeering and oversteering.  Just as importantly, if you are driving tired, ESC can detect if the car is drifting unintentionally (which would happen if you were dozing off) and provide a warning signal.

Mercedes-Benz first introduced ESC in 1995 and two years later General Motors, Toyota, Nissan and BMW followed suit. Although initially installed in luxury vehicles, over the past decade, automakers began adding ESC to SUVs and other mid-range models.

Beginning in 2012, all vehicles sold in the United States must be equipped with ESC.  However, that means that there are still millions of cars, SUVs and trucks on the road today without ESC. Below is a link to a current listing of ESC-equipped cars and trucks:

http://www.iihs.org/ratings/esc/esc.aspx

If you’re looking at buying a new or used car this year, the smart move is to only consider models with ESC technology.  Your family will thank you.

Posted in Auto Accident