Highway On-Ramp Collision

Who Is At Fault in Highway On-Ramp Collisions?

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On-ramp collisions often happen when vehicles are merging from an entry ramp onto a highway. On-ramp collisions can be caused by a variety of factors, such as the merging vehicle’s speed, distracted driving, or poor weather conditions. The merging process can be tricky because it requires cooperation between drivers on the highway and those entering from the ramp. If cooperation is poor, on-ramp collisions can occur. With all of these factors at play in on-ramp collisions, it should be no surprise that on-ramp collisions are fairly common.

Injured in a crash? Let’s talk about your options. Attorney Aaron Luck at McPhillips Shinbaum is here to help with your personal injury claim. Call us at 334-262-1911 to discuss your options now.

Role of the Merging Driver

Merging drivers must make sure it’s safe before entering the highway to avoid on-ramp collisions. This means matching the speed of the traffic and finding a proper gap to merge. If a merging driver fails to do this, they can be held responsible for any collision.

Responsibilities of Drivers Already on the Highway

Drivers on the highway should keep a steady speed and avoid sudden lane changes to avoid on-ramp collisions, especially near on-ramps. Although they aren’t obligated to make space for merging cars, being considerate and driving defensively can help prevent accidents. If a driver on the highway is speeding or behaving recklessly, they might also share some of the blame for an accident.

State Laws in Alabama Regarding On-Ramp Collisions 

Understanding Alabama’s traffic laws can help clarify fault in on-ramp collisions. In Alabama, merging drivers are required by law to yield to vehicles already on the highway. This means that the merging driver must wait for a safe gap in traffic before entering the highway. Additionally, Alabama law stresses the importance of merging at a speed that matches the flow of highway traffic as closely as possible.

If a merging driver fails to yield or does not adjust their speed appropriately, they could be held responsible for any resulting on-ramp collisions. Neglecting to use turn signals while merging can also be a factor in determining fault. On the other hand, drivers already on the highway are expected to maintain a steady speed and avoid erratic maneuvers.

While they aren’t legally required to make room for merging vehicles, reckless or aggressive driving by highway drivers can contribute to an accident and may share in the blame.

Evidence and Documentation for On-Ramp Collisions

After an on-ramp accident, gathering evidence is essential. Documentation can help establish what occurred and who may be at fault. Start by taking photos of the accident scene, capturing vehicle damage, skid marks, and road conditions. These images can be useful for insurance claims and legal proceedings. Additionally, collect contact information and statements from any witnesses.

Their accounts can provide an unbiased perspective on the accident. If possible, obtain any available surveillance footage from nearby cameras, as this can offer a clear view of the incident. Also, be sure to file a police report. A police report includes an official account of the accident and can be an important piece of evidence.

Keeping detailed notes about the accident, including the date, time, weather conditions, and any other relevant details, can also be beneficial. All this information can help paint a comprehensive picture of the event, aiding in the determination of fault.

What If the Other Driver is Liable?

If the other driver is to blame for your on-ramp accident, you may be owed compensation. Remember that under Alabama’s pure contributory negligence law, a victim may not receive compensation if the other party can prove that they share any liability—so you should expect the other driver’s insurance company to look for any errors you made during the crash.

Your personal injury attorney can help you fight for fair and full compensation as you navigate your options after a crash. You could be entitled to compensation for your losses, including your medical expenses, lost wages, pain and suffering, and other expenses.

Choose McPhillips Shinbaum for Your Claim for On-Ramp Collisions

The team at McPhillips Shinbaum is committed to helping victims like you seek justice after an accident. If an on-ramp collision has left you injured and unsure of what to do next, don’t go through this alone. Let’s discuss your legal options now. Set up a consultation by calling us at 334-262-1911 or sending us a quick message online.

Medical Claim

What Does Maximum Medical Improvement Mean in a Car Crash Claim?

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The process of recovering from a car crash can be long and tiring. Your days can become a blur of follow-up appointments, treatments, prescription medications, and insurance claims. You’ll learn a lot of new and unfamiliar terms during this time, including “maximum medical improvement.” Maximum medical improvement, or MMI, can play a crucial role in your personal injury claim and your compensation.

Explore the concept of MMI and find out how it may influence your claim. When you’re ready to start your personal injury claim, call McPhillips Shinbaum at 334-262-1911.

Is MMI the Same as Making a Full Recovery?

If this is your first serious injury, the term MMI may seem unnecessarily wordy—can’t you just say that someone has made a full recovery? However, MMI is not necessarily the same as a full recovery. Maximum medical improvement is a medical and legal term that is used to specify a very specific point in a patient’s treatment where they have recovered as much as they are ever going to. Yes, in some cases, this means making a full recovery. But in others, a complete recovery may be impossible or incredibly unlikely. In these situations, MMI is some point short of a full recovery.

If your doctor says that you have reached MMI, it means that you have plateaued in your recovery. You may still have some pain or symptoms, and even physical limitations, but you may have those for the rest of your life. While you may make some minor improvements in the future, they are negligible when compared to the rest of your recovery and their impact on your health.

 How is MMI Determined?

MMI is primarily a medical term, so the determination is made by the physicians treating you throughout your recovery. There are numerous factors they use to determine when a victim has reached maximum medical improvement.

One important part of figuring out MMI is a thorough medical evaluation. This involves looking over where your injuries started, what treatments you have tried, how those treatments have impacted you, and what remaining symptoms and limitations you may have. The doctor will also use a range of diagnostic tests to see how much progress you have made, any complications you’ve suffered, and any remaining issues.

It’s also likely you’ll undergo a functional assessment to determine whether or not you have reached MMI. The doctor may look at how you engage in daily tasks, complete your work, care for your children, and fulfill other obligations. This is less about determining if you’ve reached MMI and more about figuring out if you have any lingering limitations, as well as determining any accommodations you may need in the future.

Previous cases similar to yours can be important in your personal injury claim. Doctors may look at the healing timeline of patients with similar injuries, their progress after certain types of treatments, and when they reached MMI.

How MMI Can Affect Your Compensation

Maximum medical improvement plays a massive role in the compensation you receive as a victim. First, reaching MMI is crucial for determining your actual damages. Once you’ve reached MMI, you have a much better understanding of how much money your medical care costs. You’ll also better know what type of care you may need in the future, especially if you have significant limitations that will leave you requiring assistance.

Once you’ve recovered as much as you ever will, you will know if you are able to continue working or what accommodations you will need. This makes it easier for your attorney to calculate lost earnings and lost future income.

Finally, MMI is a key part of your non-economic damages. These include pain and suffering, emotional distress and trauma, and loss of quality of life. You can’t really know the long-term impact of your injuries until you know what the rest of your life will be like.

Start Your Personal Injury Claim with the Team at McPhillips Shinbaum

Our team is ready and waiting to talk to you about your accident, injuries, and next steps. Let’s set up a time to talk about your legal options—just reach out online or call us at 334-262-1911.

Important Tips for Avoiding a School Bus AccidentImportant Tips for Avoiding a School Bus Accident

Important Tips for Avoiding a School Bus Accident

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Countless children rely on school buses to get them to school safely and on time. Parents wave to their children as they pull away from the bus stop, rarely worrying that anything could go wrong. Although school buses are an incredibly safe form of transportation with low accident rates, accidents do still occur. Students, parents, and other drivers all play a role in preventing collisions.

If you or someone you love has been injured in a bus collision, don’t wait any longer to explore your legal options. Call McPhillips Shinbaum now to set up a consultation.

Advice for Children

The earlier parents begin teaching their children how to stay safe on and around buses, the better off their children are. Kids rarely think about the possible negative outcomes of their accidents, and it’s our job to protect them from those outcomes without causing anxiety. Parents can focus on teaching their kids these basic tenets of bus safety:

  • Arrive early to avoid rushing. When kids are running to catch the bus, they are more likely to take unnecessary risks.
  • Wait until it is safe to board. Wait until the bus has completely stopped before getting on. This protects you from unexpected jolts that can cause you to hit your head. The same is true when getting off the bus.
  • Avoid distracting the driver. The driver must remain focused on the road to do their job safely. Students can help by staying quiet, staying in their seats, and not trying to interact with the driver.
  • Exit safely and attentively. Children have a tendency to run off the bus to their parents, but that puts them at risk of being hit by a car. Teaching them to exit calmly and after looking both ways is essential.
  • Never cross directly in front of or behind a bus. Buses have enormous blind spots; unintentionally getting in that blind spot could lead to tragedy. Ensure kids know to leave plenty of space when walking around a bus.

Tips for Other Drivers

Other drivers on the road should be extra cautious when driving near school buses. Remember that school buses are closer to large commercial trucks than they are to small passenger vehicles—they need more time to stop, have large blind spots, and are more difficult to drive. Keeping a safe following distance, being patient around buses, and being extra watchful for children can prevent accidents.

It’s also important to know the laws in your municipality. In Alabama, state law forbids other drivers from passing a stopped school bus. You must wait until the bus has resumed moving before going. The same is true even if the bus is on the opposite side of the road and driving in the opposite direction. However, drivers do not have to stop for a school bus if it is on the other side of a divided highway if two lanes allow for traffic to move in the other direction.

Safety Tips for Bus Drivers

Bus drivers are an important line of defense for students and other drivers. While much of this is second nature for bus drivers, these tips ensure student safety and reduce the risk of accidents:

  • Check for mechanical issues before each trip: Buses are under a lot of strain every day, so breakdowns are always a risk. A quick vehicle inspection before each trip can prevent students from being stuck on an overheated bus on the side of the road where they are likely to be hit by inattentive drivers.
  • Always be alert for students near the bus: While kids should know how to move safely near buses, they are unpredictable. Double-checking for children before moving the vehicle is a good habit to establish.
  • Use signals and lights as required: Driving as predictably as possible allows other drivers to stop in time, preventing devastating collisions.
  • Review emergency procedures on a regular basis: Should an accident happen, you want to know exactly what you should do to keep kids safe. Regularly reviewing procedures and expectations ensures that you are ready for anything.

Injured in a Bus Accident? Call McPhillips Shinbaum Today

If you’ve been hurt in a bus collision, you could be entitled to compensation. Let us help you explore your options. Schedule a consultation right away by contacting us online or calling us at 1-866-224-8664.