Sacramento Personal Injury Lawyer - Automobile Accidents - Most Commented

Are You Really in Good Hands with Allstate?

David Rosenthal — Tue, 30 Sep 2008 15:35:33 GMT

Allstate Insurance is easily the most prolific advertiser of auto and casualty insurance lines. It runs a series of television commercials starring Dennis Haysbert (of Major League fame) that cleverly portray real life situations, such as rear end auto collisions, and some not so real life situations, like wayward college football fans running their car into a statue of renowned coach Bobby Bowden, to illustrate the need for insurance. The pithy theme of each ad is driven home with the statement "that's Allstate's stand", and with the suggestion that you are not in good hands unless your insurance is through Allstate.

However, experienced consumer attorneys know that Allstate's advertising claims are in stark contrast to its every day claims handling practices. Trial lawyers are in a unique position to judge the overall approach of insurance companies because they deal with a broad cross-section of insurance companies in a wide variety of factual scenarios. During the handling of thousands of claims, the true corporate color of an insurance company shines through. And after reviewing a high volume of claims documents recently, the American Association for Justice unequivocally rated Allstate as the worst insurance company for consumers.

Allstate policy holders might feel that the wrap on Allstate is the result of sour grapes on the part of attorneys who are resentful that their outrageous claims were not paid by the company. However, Allstate's rating was not solely the result of a "boxing glove" corporate policy of lowballing legitimate claims made against its policy holders, although that was certainly part of it. Allstate has also made clear it was willing to get into the ring and duke it out with its own policy holders in the name of increasing profits. In addition, its low rating was based on paying high executive salaries as a reward for successful lowball tactics and charging higher premiums, in part to pay for its expensive advertising.

One recent Allstate commercial illustrates another goal of the Allstate advertising campaign. The ad shows a court room scene where the judge imposes a judgment on a young man (the defendant) in the amount of $100,000 after an auto collision. The defendant's attorney turns to the injured person's (plaintiff) attorney to explain that the defendant has only $50,000 in insurance. The plaintiff's attorney replies that the defendant has a college fund that can be used to pay the balance of the judgment, and concerned parents ask their attorney - "can they do that?" The defendants attorney replies that they can.

The ad is designed to mislead the viewer into believing that the defendant is an innocent victim (it was just an "accident"), and that both the court system and a greedy plaintiff's attorney are the victimizers. This promotes the belief that trial lawyers and frivolous lawsuits are the cause of high insurance premiums.

In real life, such a scenario would likely be the result of an auto collision caused by a speeding driver who was distracted by his cell phone and ran a red light, sending the other driver to the hospital with serious, possibly permanent injuries. The other driver incurs medical expenses of $25,000, loses income from work of $10,000, and has ongoing pain and limitations. Although the value of the pain, suffering and inconvenience is well in excess of $15,000, the other driver is willing to settle out of court for the responsible driver's $50,000 policy limit to avoid going to trial, and probably out of a moral feeling that he does not want to collect against the responsible driver's personal assets.

Even though the other driver is without fault, the insurance company for the responsible driver puts on its boxing gloves and offers only $40,000, which is less than the policy limit of $50,000. The attorney for the injured person has no choice but to spend thousands of dollars to take the case to trial to seek the full value of the injured person's damages. A jury of reasonable people taken from the general population (rather than a judge as portrayed in the ad) determines that the total value of the injured person's loss is $100,000. Now, because of the insurance company's lowball at all cost mentality, there is a judgment against the responsible party for more than his insurance coverage.

Allstate Insurance has engaged in a successful marketing campaign. But this expensive advertising comes at a cost. The consumer warning caveat emptor is especially appropriate when you consider purchasing insurance from Allstate. Purchasers of insurance from Allstate may find that the "good hands" have boxing gloves on, and making a claim is like ringing the fight bell.

Originally posted at InjuryBoard by David Rosenthal

How should I deal with an insurance adjuster?

Jessica Grigsby — Mon, 16 May 2011 11:54:05 GMT

After you’ve been involved in a car accident that involved injury to yourself or property damage to your vehicle, seeking—and getting—recovery from your insurance company can be a daunting task. Many of us will remember the process of simply shopping for car insurance as a confusing and complex process. But when it’s time for that insurance policy to kick in and give you some benefits, an entirely new set of questions starts to emerge: What are you rights as an insured person? What do all those terms in your policy actually mean? And, what is the actual process of getting paid?

One important—and relatively early—step in the insurance claim process after you’ve experienced an accident is dealing with the insurance company’s claims adjuster. Knowing what a claims adjuster does and how you should deal with them will help you to make sure you insurance company pays you the amount of money it should.

In the days immediately following your accident, and after you have reported it to your insurance company, it is the insurance adjuster, or claims adjuster, who will contact you. From the perspective of the insurance company, the role of this insurance adjuster is to assess the damage that was caused by the accident—whether that is damage to your vehicle or injury to yourself—and essentially put a price tag on the total amount of damage that was caused. The amount that the adjuster lands on will be very important when it comes time for the insurance company to actually pay your claim.

While it can at times be difficult to work with an adjuster and make sure that they are giving you a fair and reasoned estimate, there are some things that you can do to influence the outcome and make sure that you are satisfied with the final settlement:

Be an informed consumer. Knowing your rights as an insurance consumer makes you a stronger negotiator with the company. Starting with the purchase of your insurance policy, until you have reached a settlement, make sure you know and understand what is going on. This means reading and understanding your policy and contacting your agent or insurance company or even the State Department of Insurance to clarify any doubts or questions that you have. Ask for documentation of anything that the insurance company quotes to support its position.

Document everything. If a dispute with your insurance company arises, having a strong paper trail to support your position is extremely beneficial. Documentation starts at the time of the accident: collect as much information as you can at the scene of the accident, even including photographs if possible. Keep all documents that relate to the accident: things such as doctor and hospital visits and bills, car repair estimates, rental car expenses, and other similar events. In addition, document all conversations that you have with the insurance company to keep a trail of statements or promises they have made to you.

Stand your ground. Don’t let the insurance company or adjuster talk you into settling too fast for too little. The settlement process can be long and intimidating and you probably just want to get it over with and move on, sometimes making any amount of money seem acceptable.

Get help. Knowing when you’re in over your head and need outside help can save you a lot of frustration. If your settlement is simply too complex for you to understand, you feel like the insurance adjuster isn’t treating you fairly, or you have been unsuccessful in your negotiations, hiring an attorney can really pay off.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best California personal injury law firms will provide a free consultation.

Originally posted at InjuryBoard by Jessica Grigsby

Contributing Factors: The Good Samaritan v. The Jaywalker

Amber Wheat — Thu, 26 Feb 2009 14:26:19 GMT

A news story on MSNBC relates an incident involving a bus driver who pushed three people out of the path of an oncoming vehicle only to get hit by the truck himself. Jim Moffett risked his life and sustained great injury to save two little old ladies and another man.

What he did was a good thing, but The Colorado State Patrol says what he was doing before the collision was not okay. Mr. Moffett, the other man, and the little old ladies were jaywalking. Mr. Moffett was cited and will be fined.

When we hear stories like this, the public reacts with outrage. “How can they fine this man when he probably saved lives?” Well I know precisely how they can do it. His actions were a contributing factor to the collision. The driver of the pickup was cited for reckless driving, but it takes two to cause an accident. One person to not pay attention and another person to be there. If they hadn’t have been jaywalking there wouldn’t have been an accident at all. In the same vein, if the driver had been more attentive, there wouldn’t have been a collision, either. They are both jointly and severally liable.

It takes a very special kind of person to do what Mr. Moffett did and I have the utmost respect for him. I hope that he will be okay and I am sure that the citation will be paid for by admirers (if not dropped altogether).

I hope that others take this instance as a warning that jaywalking is never a good idea. Crosswalks are there for a reason. Helping little old ladies to cross the street is very nice, but making sure they get to the other side safely within a crosswalk is nice and smart.

Our firm regularly deals with pedestrians who have been injured by vehicles. The injuries are often severe because, while the driver has tons of steel protecting them, the people on the street don't even have a helmet to protect themselves. Be smart out there, we don't want you or anyone you love to need our services. If the worst should happen, you know where to find us.

Commenters on MSNBC responded with outrage, what are your thoughts? Do you agree with the officers?

Originally posted at InjuryBoard by Amber Wheat

What happens if I was injured in an automobile collision caused by an uninsured driver in CA?

Jessica Grigsby — Thu, 02 Jun 2011 19:15:49 GMT

Although having auto insurance is legally required in California, an estimated 15% of registered vehicles in the state are completely uninsured and countless others are underinsured. These uninsured motorists place a financial burden on the rest of the drivers on our roads, forcing law-abiding drivers to pay the price for accidents caused by uninsured motorists. So, what can you do to protect yourself against uninsured motorists?

Armed with the knowledge that a large number of drivers do not have insurance and thus will not be able to pay in the event of an accident, one thing that you can do is to purchase your own insurance coverage for this precise circumstance. Purchasing “uninsured motorist coverage” as part of your own insurance policy will allow you to recover the expense of an accident when the other driver doesn’t. This type of insurance coverage kicks in when the other driver doesn’t have insurance or in the event of an accident caused by a hit and run driver. In addition to protecting against drivers who are completely uninsured, you can also purchase “underinsured motorist coverage”, which provides recovery when the other driver has some insurance but not enough to cover the full costs of the accident. When you purchase auto insurance, your company should present you with both of these options. Without this specific type of coverage in your own policy, it is possible that your collision coverage could be used to pay for damages.

If you are the unfortunate victim of a car accident with an uninsured or underinsured driver, then you should make sure to get as much information about the other driver as possible. This means writing down their name, drivers license number and contact information, including address and phone number. You should also record the license plate numbers of all the vehicles that were involved in the accident. In addition, you should write down the name and contact information for any witnesses who saw the accident. Finally, make sure you call the police and get a copy of the police report for your records.

There are also a few things that you should not do if you are in an accident with an uninsured motorist. While it is okay to tell the other person what types of insurance you have, avoid telling them how much insurance you carry. Do not accept any money from the other person or you may forfeit your right to file claims in the future. Do not agree to simply forget about the accident.

If you have been the http://www.injury-attorneys.com/victim of an auto accident involving an uninsured motorist, it is likely that your first--and maybe only--source of recovery will be your own insurance company. Recovering from the other party may unfortunately involve taking legal action against them. While successful recovery is not impossible, it is more difficult.

The Demas & Rosenthalpersonal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation.

Originally posted at InjuryBoard by Jessica Grigsby

Can crash tax help to reduce the rate of accidents?

John Demas — Tue, 07 Sep 2010 12:50:59 GMT

Laws allowing local cities and governments to collect a fee for the cost of handling accidents have been on the books for years and many have. Now, in these tough economic times, even more cities are revisiting the possibility, especially in California.

The basic idea is that the charge – called an accident fee or crash tax – allows the locals to recoup lost costs spent on handling accidents. In some cases, motorist’s insurance policies would cover the tax; however this is not always the case—leaving some policyholders stuck with the bill.

Sound farfetched? It’s happening in at least 24 states. Though ten states – Alabama, Arkansas, Florida, Georgia, Indiana, Louisiana, Missouri, Oklahoma Pennsylvania and Tennessee - have banned ‘crash taxes.’

While reading through the many news articles reporting on this very topic it’s hard to find the upside when everyone is in a fury over the fees which can range from $435 every time the Fire Department shows up at an accident scene, to $680 if a vehicle is on fire, to $2,275 if a helicopter is called in. And again, those fees vary area to area.

The crash tax may help to reduce accident rates if drivers fear receiving a hefty bill in the mail from the city along with any physical pain caused by the accident, not to mention medical bills. But at the same time, you have to wonder if drivers will be more reluctant to report an accident knowing they will be hit with a large bill.

What you should do if you get billed for accident response:

Contact your insurance agent and forward them a copy of the bill. They will inform you of your obligations.

Get a copy of the police report detailing what medical assistance was required, if any.

Research criminal liability; nonpayment may be a misdemeanor.

If your insurance agent determines the bill was not warranted, contact the consumer-protection division of your state attorney general’s office.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well

Originally posted at InjuryBoard by John Demas

Drunk Driver gets a Slap on the Wrist for Fatal Crash

Amber Wheat — Thu, 23 Oct 2008 17:25:43 GMT

I was shocked and very upset to read about Troy Hovey’s sentencing. Judge Robert Glusman handed down the weak sentence of 180 days in jail and three years probation for taking the life of Amit Tandon.

Mr. Tandon’s widow is pregnant and was unable to face the man who killed her husband in court, but she sent the judge a letter asking for the maximum of 10 years in prison. But friends and relatives of Hovey sent letters also, telling the judge about what a wonderful man Hovey was.

This case did not go in front of a jury. Hovey pleaded no contest to a felony charge of gross vehicular manslaughter while intoxicated and driving with more than .08 percent of alcohol in his system. In actuality, Hovey had a blood alcohol level nearly three times the legal limit He knew what he did.

I have always contended that drunk drivers make choices. These are not “accidents” (any good plaintiff attorney knows to call it “the collision”), but they are mistakes. Mistakes are made when people make wrong choices. Defense counsel cited addiction and alcoholism as excuses for him. The judge expects Hovey to “embrace recovery.” Hovey has tried twice before to get sober and was even participating in an outpatient program at the time of the accident.

What really irritates me is that Judge Glusman defends his ruling by saying that probation has not been prohibited in vehicular manslaughter cases and that means the Legislature wants judges to examine each case on its merits. Well fine! Look at the merits of this case! He knew he had a drinking problem (in tort law we call that forseeability), he went drinking, he got really drunk, he got back in his car, he raced down Highway 99 at 60-80 miles per hour, he crossed the median, and slammed head-on to a husband and soon-to-be father. He killed this man. Where is the justice for Tandon’s family?

The judge is confident that “this won’t happen again,” but his parting words are “If I find you’re drinking, I’ll be the last person you want to see.”

I am incredibly saddened by this outcome and it’s message to other drivers who drink and then take stupid risks. It’s not the drinking that’s the problem, it’s the driving after drinking. Get drunk to your hearts content, but STAY HOME. As citizens of America we have every right in the world to drink alcohol, but nobody has the right to put the lives of others at risk.

Am I being too harsh? I know I am coming down hard, but I firmly believe that there is no excuse for drunk driving in today’s day-and-age. With cell phones, taxi companies, public transit, volunteer drivers, and so many other options, drinking and driving should be a thing of the past.

What do you think?

Originally posted at InjuryBoard by Amber Wheat

Federal Motor Vehicle Safety Standards

Jessica Grigsby — Tue, 10 May 2011 13:03:37 GMT

Department of Transportation publication (DOT HS 805 878) lists the basic standards governing such features as: accelerator control systems, brake fluids, head restraints, roof crush resistance, windshield mounting and flammability of interior materials.

(Consumers can obtain a copy of the complete FMVSS by visiting the following link):

http://www.nhtsa.gov/cars/rules/standards/FMVSS-Regs/pages/ProcforDecl.htm#howto).

While most vehicles come with manuals and paperwork stating that they’re in fully compliance with all relevant FMVSS regulations, many cars slowly develop defective parts. Should critical repairs be postponed too long, it may become less expensive to simply move into a brand new car.

If you’re ready to buy a new vehicle, consider first taking the time to review the FMVSS standards you value most before ever visiting a dealer’s car lot. For example, parents of small children might want to review: (1) how restraint anchorage systems are supposed to operate, (2) whether a particular vehicle’s airbags can harm a small child and (3) how a specific car’s child rollover warning system should operate.

Sample Standards Available for Review

Although the complete FMVSS text is not available online, you can review some of its regulations if they’ve recently been updated -- or are currently open for public comment -- by visiting the National Highway Traffic Safety Administration’s Web site. Be sure to choose the heading “Laws and Regulations” at the top of the page. Final rules are posted there on such topics as tire safety and economy, head restraints and electronic stability control systems (ESC).

I. Head Restraints These standards have been developed to minimize whiplash injuries caused by rear collisions. The government notes that approximately, 16, 831 whiplash accidents are reported each year. Specific

energy absorption, position retention, height and strength requirements are

set forth within these standards.

II. Tire Safety and Economy Apart from learning more about maintaining thick tire treads to obtain better road traction, drivers are reminded that proper tire inflation is directly tied to fuel economy.

III. Electronic Stability Control (ESC) Systems

These types of systems are designed to reduce the number of vehicle

rollover accidents occurring each year. ESC systems employ

computer-controlled assistance to help drivers try and steady their

vehicles during unusually threatening driving conditions. An ESC

system can help minimize “spin outs” and “plow outs” due to poor

weather and road conditions.

` This brief discussion of the Federal Motor Vehicle Safety Standards and Regulations (FMVSS) should help readers become better informed about the types of safety features owed to them by vehicle manufacturers.

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Demas & Rosenthal remains one of Sacramento’s most highly respected

and accomplished personal injury law firms. We’ve been successfully representing clients

since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney

takes great pride in obtaining the full compensation and complete justice owed to every

client.

Originally posted at InjuryBoard by Jessica Grigsby

Our Firm Obtains $4.5 Million Jury Verdict

Amber Wheat — Thu, 20 Nov 2008 18:00:47 GMT

A case study:

The verdict came down on July 2, 2008, just eight days after the trial began.

The case arose from a rear-end motor vehicle collision on November 16, 2005 involving an off-duty County of Sacramento Sherriff driving a County vehicle. Liability was not disputed. Plaintiff, 48 (now), was an estimator for Lund Construction (underground construction co.) at the time of the collision and had been working there for nearly 20 years. Before the collision he had 4 prior back surgeries (2 from comp injuries; 1 from another mvc and 1 redo surgery) with the most recent being in 1992. All the evidence established he had 13 good years with no limitations besides lifting. He had been to the doctor 2-3 times for back pain during this time. No other treatment for his back during this time. Following the collision, he had another discectomy surgery -this time at L3-4 (different level than the prior surgeries). The surgery relieved his radicular symptoms but not his back pain. He missed 5 months of work and then went back to work and worked until October 2007 when he could no longer work. A few months after his post-mvc surgery the topic of a 2 level fusion was discussed with his surgeon. He refused and wanted to try to work. Defense did not contest the surgery/treatment post MVC. Their whole defense was he : 1) should have mitigated by having the fusion earlier; and 2) he should have a 3 level fusion now and if he does he will be able to return to his desk job working full time (mitigation of future earnings). At trial, the evidence established that plaintiff did not want to have the fusion surgery and that he was not able to work given his current condition. Big dispute was over the fusion surgery, likelihood of success and whether he could return to work if he had it.

The defense and the plaintiff called expert witnesses to support their point of view:

John: Gary Nibbelink: Rehabilitation Counselor & Consultant, Sacramento, CA
John: Charles R. Mahla of Econ One Research Incorporated, Economist, Sacramento, CA
John: Tushar Goradia, M.D., Neurological Surgeon, Goradia Medical Corporation, Carmichael, CA
John: Ardvan Aslie, M.D., treating medical expert, Sacramento, CA
Defense: George Picetti, M.D., Sutter Medical Group, Orthopedic Surgeon, Sacramento, CA
Defense: Carol Hyland, Carol Hyland Rehabilitation Consultant, Vocational Rehabilitation, Lafayette, CA
Defense: Kirk Blackerby, Economist, Morgan Hill, CA

The defense attorney asked the jury to award $600,000.00 with no future wage loss. John asked for $5.5 million. The jury consisted of eight people, six women and two men. One woman was a state employee and another one was a county employee. Here is the breakdown of the award:

Medical Expenses: $75,007.40
Lost Earnings: $130,000.00
Future Medical Expenses: $325,000.00
Future Lost Earnings: $1,900,000.00
General Damages: $1,000,000.00
Future General Damages: $1,000,000.00
Joann’s Loss of Consortium: $70,000.00

Total comes to $4,500,007.40.

Following this collision and surgery, Mr. Friese missed approximately ten months, went back to work part-time for 6 weeks and then worked full-time from October 2006 until he went off completely on October 2007. He did everything he could to keep working but the pain in his low back continued to worsen to the point he could no longer work. John strongly believes the jury found him more credible because he tried to work instead of not working at all and trying to use this collision as his meal ticket.

The best part about this case was the fact that John offered the defendants a §998 offer of $1.9 million in December of 2007 that the defense passed over.

We got an article in the SacBee and were published in Verdict Search.

Originally posted at InjuryBoard by Amber Wheat

Choose The Right Safety Seat For Your Child

Jessica Grigsby — Tue, 28 Sep 2010 14:33:08 GMT

How important is it to select the right safety seat for your child? You can probably already tell me the answer to that, but if there’s any doubt, consider these statistics from the Department of Health and Human Services.

In the United States during 2005, 1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured. That’s an average of 4 deaths and 504 injuries each day. Motor vehicle injuries are the leading cause of death among children in the U.S.

However, they go on to point out that:

Among children under age 5, in 2006, an estimated 425 lives were saved by car and booster seat use.

Choosing the right car seat is a decision you want to make before your child is even born. You’ll want to have the right seat ready to bring your baby home from the hospital. And the appropriate seat will change along with your child as he or she grows.

There are three types of safety seats for your child:

Rear-facing (for infants)
Forward-facing (for toddlers)
Booster (for tweens)

Kids aren’t all made the same, so the selection is based primarily on the child’s size and weight.

Rear-facing

You’ll always place the rear-facing seat in the back seat of the vehicle, away from passenger airbags. There are two types of rear-facing seats: infant-only and convertible.

Infant-only seats are for babies up to about 22 to 30 pounds. Infant-only seats have handles that let you to take the seat out of the car to carry your child with you. Some have a base that can stay installed in the vehicle. You can simply click the carrier part of the car seat into place each time you use it.

Convertible seats are for bigger infants and toddlers under one year old. They are for children weighing up 35 pounds, depending on the specific seat. The seat can be used as a rear-facing seats for younger children, and switched to a forward-facing seat if the child weighs more than 20 pounds. Experts recommend keeping the child facing to the rear until he or she outgrows the seat’s weight or height limits.

Forward-facing

The forward-facing-only seat should be installed in the back seat of the car. Most of these seats are for children weighing 20 to 40 pounds.

Children weighing from 40 to 65 pounds can use a combination forward-facing booster seat. The safety straps can be taken off when the child gets bigger, when the lap belts and shoulder harness can fit your child correctly.

Booster

These seats are used for children up to about 80 pounds. A booster seat raises your child up so that the car's lap belt and shoulder harness fit correctly. The lap belt should fit across the upper thighs. The shoulder belt goes across the middle of the shoulder and chest.

Some other things to consider

It’s best to buy a new safety seat. You don’t know the history of a used seat. It may have cracks or other problems and may even have been damaged in a car accident. Only use a second-hand car seat if it is from someone you know and you can get the instructions with it. All car seats have an expiration date which you can usually find on the bottom of the seat. The plastic of the seat can weaken over time, so do not use a seat past its expiration date.
You can get your safety seat inspected. The National Highway Safety Administration provides a list of inspection stations by state. Certified technicians will inspect your child safety seat and show you how to correctly install and use it.
Know your child restraint laws. The California Highway Patrol provides this information along with handy material on selecting safety seats.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Watching over Child Safety -- Child Safety Seats

John Demas — Fri, 23 Jul 2010 17:27:23 GMT

Summer vacations often include road trips with the family, visiting relatives, and taking a break from our everyday surroundings. As you head out on the road, make sure you’ve taken all the steps necessary to make your trip a safe and enjoyable experience for all. Perhaps you’ve already gotten the car tuned up and inspected, secured the luggage, and taken a headcount, but did you know that the way your little ones are secured inside of the car cabin can greatly affect their overall safety and likelihood to survive a car crash?

According to the National Highway Traffic Safety Administration (“NHTSA”), motor vehicle crashes are the leading cause of death for children ages three to fourteen years old. However, occupant and child restraints have proven to be highly effective and have saved over 8,959 children from 1975 to 2008. As a parent, you’ve probably seen the aisles and aisles of child seats available for purchase. It can be confusing with so many choices. Fortunately, the NHTSA has broken down child safety seats into four easy-to-remember categories based on your child’s age and weight.

1. Rear-facing seats are for infants from birth to one year old and twenty pounds. For the best protection, keep infants in the back seat in a rear-facing safety seat that is securely installed in your vehicle.

2. Forward-facing seats are for toddlers ages one to four and twenty to forty pounds. Even after children outgrow their rear-facing seats, they should still ride in the back seat. At this age, children should ride in forward-facing child safety seats. Make sure that the seat is securely anchored and tethered.

3. Booster seats are for tweens from age four to eight years old, over forty pounds, and up to 4’9” tall. Again, children should always ride in the backseat. In this age range, it is important to use a booster seat so that seatbelts fall correctly across the chest and lap.

4. Seat belts are for individuals at least 4’9” in height or eight years of age. After children outgrow their booster seats, they can sit in the back seat with a seat belt but only if the seat belt fits property where the lap belt lies across the upper thighs and the shoulder belt fits across the chest.

Installing the correct style safety seat is not the only consideration parents should address. While many seats may look similar in appearance, those made of flimsier materials may give parents a false sense of security. For instance, those attached with plastic instead of metal hardware can become detached from the backseat in the event of a crash. Even the best child safety seat will fail if it is not installed correctly. Certified technicians are available to inspect your child safety seat for defects and show you how to correctly install and use your child safety seat. Obtaining an inspector’s approval is not only a good idea, but it will give you the peace of mind to think about the million other things that are bound to pop up during your next family outing.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best California personal injury law firms will provide a free consultation.

Originally posted at InjuryBoard by John Demas