Unrelated accidents claim the lives of Texas man, Florida man

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EFFINGHAM —
An elderly Flora man and an El Paso, Texas, man, who was struck outside his semitrailer following a previous accident, died in unrelated accidents early Monday.

The first accident occurred at 5:44 a.m. on the eastbound lanes of Interstate 70 at milepost 73 following a previous accident in the same location in which a tractor-trailer driven by James E. Tinsley, 53, of El Paso, Texas, struck another eastbound truck from behind, according to Fayette County Coroner Bruce Bowen. Tinsley then lost lighting on his truck as a result of the crash, which happened before daybreak, and remained in the driving lane of Interstate 70.

Tinsley exited his tractor-trailer to set up flags and while standing alongside it was struck by another eastbound tractor-trailer driven by John M. Barney, 51, of O’Fallon, Mo. Tinsley was killed instantly, according to Bowen, who pronounced him dead at the scene at 6:35 a.m. An autopsy was to be performed Tuesday.

Barney was taken to Fayette County Hospital, where his condition is unknown because the hospital does not release patient information. Illinois State Police District 12 cited Barney for failure to reduce speed to avoid an accident.

The crash is being investigated by the coroner and ISP.

Another fatal accident occurred later Monday on U.S. 50 in Clay County at 3:47 p.m.

According to ISP, a semitrailer driven by John Paul Loveless, 30, of Cape Girardeau, Mo., was traveling westbound on U.S. 50, approaching Stanford Road. A northbound vehicle driven by Eugene R. England, 86, of Flora was stopped on Stanford Road, preparing to cross U.S. 50, didn’t yield to the semitrailer and began to cross. Loveless did not have time to stop and struck England’s vehicle on the passenger side.

England was pronounced dead at the scene by Clay County Coroner Wes Miller. No autopsy is planned.

Categories: General Personal Injury

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Benson, Bertoldo, Baker & Carter Now Offering Legal Consultations Free of Charge for Las Vegas Auto Accident Victims

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The Las Vegas personal injury lawyers of the law firm Benson, Bertoldo, Baker Carter have announced that they will now be offering free legal consultations for victims of auto accidents and their family members in Las Vegas and surrounding areas following fatal car accident in Mesquite, Nevada.

Las Vegas, NV (PRWEB) February 01, 2012

In the wake of a tragic early morning collision in Mesquite, Nevada which left one man dead, the Las Vegas personal injury lawyers of the Benson, Bertoldo, Baker, Carter Law Firm have announced that they will be offering free legal consultations to all families and individuals whose lives have been affected by auto accidents in Las Vegas and surrounding areas.

According to Antonio Planas, police beat reporter for Las Vegas Review Journal, the unfortunate accident took place in Mesquite early Saturday morning on January 28th at approximately 5:00 AM, when Robert W. McGrew’s van collided with a garbage truck after failing to stop at the intersection of Hafen Lane and state Route 170. The front end of the garbage truck hit the driver’s side of McGrew’s van as both vehicles entered the intersection simultaneously. Nevada Highway Patrol responded to the accident, and 49 year old McGrew was pronounced dead at the scene. The full news story can be found here, courtesy of Las Vegas Review Journal: http://www.lvrj.com/news/las-vegas-man-killed-in-mesquite-collision-138358879.html.

The lawyers of Benson, Bertoldo, Baker Carter are experienced in providing legal counsel to auto accident victims in the Las Vegas area that have been severely injured, as well as the remaining relatives and family members of auto accident victims who have been killed in Las Vegas auto accidents.

As stated by the attorneys of Benson, Bertoldo, Baker Carter, following the appropriate steps after an auto accident is crucial in order to make sure that a person’s rights are protected and that they have the most concrete auto accident claim as they possibly can.

These steps can include one or more of the following tips:

A thorough medical evaluation should be performed as soon as possible for anyone who has been involved in an auto accident. At times, the full extent of an accident victim’s injuries can go unnoticed at the time of the accident, and can potentially worsen or cause other complications if gone untreated.
Immediately reporting any Las Vegas car accident to the police is always encouraged. This will provide a police report for the auto accident that can be used as evidence by Las Vegas car accident lawyers to help establish liability if a citation for a traffic violation is issued.
Gather as much information possible from all parties involved in the auto accident. Important information to acquire includes names, addresses, insurance information, telephone numbers, and details of the automobiles involved such as car make and model.
If you have access to a camera, take photographs or video of the scene of the accident. Accurately recalling the exact events in detail can be a very challenging task after an accident, particularly when issues such as emotional trauma and stress associated with the accident come into play.
Finding the right Las Vegas car accident lawyers who can inform you of your legal rights and options and are experienced in representing auto accident victims is highly recommended.
When a car accident results in a fatality, it is imperative that an in-depth investigation be performed to verify the origin of the accident as well as the person(s) responsible and liable for the damages. The Las Vegas accident lawyers at Benson, Bertoldo, Baker Carter provide case reviews at no cost for individuals and families that have suffered damages from auto accidents which occurred in the Las Vegas area.

Categories: General Personal Injury

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Insurance benefits backlog a nightmare for accident victims

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Getting hurt in a car crash is bad enough, but for many people in Ontario, it’s only the beginning of a lengthy nightmare.

People turned down for accident benefits by insurance face a wait of as long as two years before their appeals wind their way through the system administered by the Financial Services Commission of Ontario.

That’s far more than the 60 days required by legislation.

The backlog of cases is so bad that the FSCO is looking for outside help, recently announcing a request for proposals seeking assistance from private “alternative dispute resolution” firms.

For Toronto insurance lawyer Michael Smitiuch, the backlog is an “access to justice” issue: Justice delayed is justice denied.

“Accident benefits are designed to be immediate help for people when they most need it,” said Smitiuch.

Some clients whose insurance claims are rejected are forced to take out second mortgages on their homes, get loans from family members or apply to the Ontario Disability Support Program, in order to get the financial assistance they need, says Smitiuch.

“People are desperate. Some of them aren’t able to work, and they’re told they can’t claim for things like physiotherapy, or occupational therapy. It’s simply not fair,” said Smitiuch.

The first step when a claim is denied is mediation, a less formal and less adversarial — and therefore less time-consuming and costly — solution than binding arbitration or a lawsuit. In theory, says Smitiuch, mediation is supposed to take no more than 60 days from the day an appeal is filed. But the theory doesn’t match up with the real world.

“In my experience, it’s up to 10 months wait just to get a mediator appointed,” said Smitiuch.

That was also the finding of Ontario’s auditor general Jim McCarter, in his most recent annual report, issued in December.

“FSCO’s mediation service is backlogged to the point that resolution of disputes between claimants and insurers is taking 10 to 12 months, rather than the legislated 60 days,” McCarter wrote.

If the mediation fails to come up with a resolution, people can take their case to binding arbitration, something which can drag out for another year, Smitiuch says.

A spokesperson for FSCO acknowledged by email it has seen an “unprecedented increase” in mediation applications over the past few years, which she called a symptom of the “over-utilization of accident benefits.”

Rowena McDougall said FSCO decided against hiring more staff because “the best solution would be to engage a number of companies that provide high volume services.”

In mid-January, FSCO announced that it would be seeking “requests for proposals” from private dispute resolution companies to help clear the backlog. In an open letter to law firms and dispute resolution companies, FSCO auto insurance division head Tom Golfetto, said the aim was to start clearing the backlog by May.

“It is FSCO’s intention to clear the backlog as expeditiously as possible. This cannot happen without your firm’s co-operation,” Golfetto wrote.

That’s good news, says Smitiuch.

“I think it’s a good idea to do whatever it takes to clear the backlog. I think this is a reasonable solution. But they also need to make sure it never gets this bad again,” Smitiuch said.

The lengthy delays are also a thorn in the side for insurance companies, who’d prefer to get decisions as soon as possible, according to an industry association.

“The backlog needs to be addressed so that legitimate claimants can receive the benefits they need. We want people to get better,” said Steve Kee, spokesperson for the Insurance Bureau of Canada. “We have raised the issue of the backlog for years. . . . It’s troubling claimants have to wait.”

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How to Claim Car Accident Compensation After a Road Accident

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Accidents can occur on the road as much as anywhere else. Besides the initial shock, the costs of these accidents can drastically build up. Lost work hours and certain medical costs, as well as the costs of repairing any damage suffered to your vehicle itself, can set you back.
However, if the accident was not your fault then compensation is often available to help cover the costs. There are legal steps that can be taken to assure that the party held responsible for the incident pays the damages. This is done by making an accident claim, commonly ending with an investigation into the incident to determine which party was held responsible. The claim is then paid out by the insurance company behind the party found responsible.

After an Accident

Of course, there are many things you can do to help this in the unfortunate event of such an accident. The first and most important step is to get in touch with your insurance company. Keeping your insurance company accurately informed will allow them to help you as best they can.
To achieve this, it is also practical to have as much information regarding the incident as possible. Bystanders and any other potential witnesses will be a plus, being able to give credit to your account and assure that you are not responsible.
Additionally, the type and severity of the injury will often be used to determine the amount you can claim. Even the smallest incidents can cause various levels of physical and emotional pain. Some of the most common injuries from car accidents include whiplash, which is caused by the effect of the impact on the body and neck.
Vehicle and Personal Medical Attention
Medical attention is important, as soon as possible after the event. In addition to making sure you are healthy, seeking medical attention will prove an accurate account and report of the injuries that you sustained. The nature of the injuries will also affect the amount of compensation you are owed, so it is important to have sound medical reports detailing your injuries.
Likewise, if your vehicle sustained damage, getting it checked over is a priority. Before getting the car repaired, it is important to have an expert make a note of the damage sustained. Photographs also provide visual evidence in case it is ever required.
If police are involved, then a police report will provide similar findings and benefits. Similar to your medical needs, the closer to the time of the incident this is done, the better it will serve you as a reliable account. Similar to medical injuries, the extent of damage inflicted on your vehicle will contribute to the amount of compensation given from the opposing party.
These cases can be settled out of court, but there is always the possibility that it will not; this is where having a lawyer on your side will really benefit. A no win no fee clause often means that you will not have to spend more expenses if you lose, as well as offering the advice

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