Tag Archives for " crash "

March 31, 2017

FAQ: What Rental Car Company Can I Use?

Do I need to use a specific rental car company for my rental car after a car crash? And the answer is you can use whatever rental car company you would like. Typically what is going to happen is the at-fault driver's insurance company is going to arrange for a rental car for you. The law says that the at-fault driver must compensate an injured person for the loss of use of their vehicle, and so that could be any rental car company that you contract with. However, it is much easier to negotiate with the insurance company, the at-fault insurance company, to get a rental car directly through them.

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March 16, 2017

FAQ: Who Pays for the Rental Car After my Car Accident?

  The at-fault driver, and correspondingly that person's insurance company, is required by law to pay you the value of the time that you lost on your car. Often what they will do is make arrangements with the rental car company to provide you with a rental car. So, you will want to call the insurance adjuster and make those arrangements when your car goes into the shop. Now, it's important that you understand the law says comparable vehicle. So, if you have a minivan, a comparable vehicle would not be a smaller four-door sedan. The at-fault insurance company is required to get you a comparable vehicle, such as another minivan or an SUV that would fit your family.

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If you have been injured in a car accident, you need a Battle Plan.

June 9, 2016

Reduce Your Summer Crash Risk

It’s summer. The air is warm and the sky is blue. It’s time for a road trip.

Weather you are traveling to visit family or your favorite vacation spot, you and millions of others will hit the road this summer. Unfortunately, July and August are the most dangerous months to use the roadways.

While you can’t control other drivers, there are a few things you can do to reduce your risk of being in a crash.

1. Get a Tune-up.

Have your car checked out at your trusted shop. Make sure your brakes are working well. Check your tires for wear. Replace your tires if worn and don’t try to get out additional miles. Waiting too long could mean an increased stopping distance with worn tires.

2. Turn Off Your Phone

I’ve written about the dangers of distracted driving before. Its best to turn off your phone so all of your attention is directed to your driving. You never know when that extra ½ a second could help you avoid a potential crash.

3. Wear Your Seat Belt

All the safety systems in today’s modern vehicles rely on seat belt use. Your air bags will not be as affective if you don’t. Additionally, your seat belt could be the only thing that will keep you in the vehicle and not flying out a window in a bad crash.

4. Slow Down

I’m not saying you should drive below the speed limit on a clear and sunny day. I am saying you probably should not be driving 20 miles above the speed limit in the rain. Slow down, pass with care, and get to your designation safely.

5. Avoid the Fast Lane

It seems that some drivers believe traveling in the fast lane gives them a license to tailgate the vehicle in front of them. That is dangerous and asking for a crash. Avoid that problem by using the middle and right lanes when possible. Additionally, using the middle lane provides more pathways for emergency maneuvers.

I hope you never experience the horror of terrible car crash. I hope the above tips reduce your risk and you have a safe and fun summer. However, if you have been injured in a car cash and would like to tell us your story, please contact us below.

Injured? Get Help!

April 16, 2016

Faces of Distracted Driving

Erica Forney, 9

Erica Forney was a 9 year old riding her bike around her neighborhood. She was killed by her neighbor who looked down at her cell phone. Here is Erica's story as told by her mother.

Casey Feldman, 21

Casey Feldman was killed by a distracted driver as she was crossing the street in a crosswalk in Ocean City, New Jersey. Here is Casey's story as told by her friends and family.

John Sligting, 56

John Sligting was killed by a teenage driver who was talking on her cell phone, rolled though a stop sign, and hit John's motorcycle. Here is John's story as told by his daughter.

Ashley Johnson, 16

Ashley Johnson was killed when she lost control of her vehicle, crossed the center line, and hit another car head-on. She was texting at the time of the crash. Here is Ashley's story as told by her father.

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October 15, 2014

Frivolous: Walmart Blames Tracy Morgan

Lady-Liberty-Weeping.jpg Frivolous: Walmart Blames Tracy Morgan After Walmart Trucker Causes Crash


Last month, Walmart blamed Tracy Morgan for the injuries he received when a Walmart trucker crashed into Tracy’s vehicle. Walmart’s offensive came in a legal response to Tracy Morgan’s lawsuit.

Everyday, valid cases are filed across thousands of courthouses across our nation. Some are frivolous. However, some responses to valid lawsuits are frivolous also. These practices abuse our civil justice system and make it more difficult for deserving cases to achieve justice.

This month’s frivolous case is Morgan v. Walmart. Famed comedian and actor, Tracy Morgan is suing Walmart out of a horrific traffic collision that has been widely reported. I previously wrote about it here, 3 Things South Carolina Drivers Can Learn from Tracy Morgan’s Accident.

Walmart Says It Will Take Full Responsibility, but Legally Blames Others

Walmart’s public relations people have said that Walmart will take full-responsibility if its driver caused the collision. However, Walmart’s legal team has denied all responsibility. Worse yet, Walmart’s lawyers blamed Tracy Morgan! Walmart says that Tracy Morgan was not wearing his seat belt, and as a result, he is to blame for his injuries.

What Are The Facts

Lets take a look at the facts as they have been reported:
• Walmart’s driver was reportedly awake for 24 hours before the crash;
• The National Transportation Safety Board says that Walmart’s driver was traveling 20 miles per hour over the speed limit, in its preliminary report;
• New Jersey Police claim that Walmart’s driver was dosing and didn’t observe traffic slowing;
• New Jersey Police have charged the driver with death and assault by auto;
• People don’t wear seat belts in a limousine;
• Tracy Morgan suffered broken ribs, a broken nose, a broken leg and brain injuries—his lawyer has said he may never work again.

Here is a picture of Tracy Morgan’s damaged vehicle. I don’t want to sensationalize the crash, but I’m showing it so you can see the destruction that Walmart’s driver caused.


Walmart’s Legal Response is Frivolous

My take is that Walmart’s legal filing should be thrown out by the court. It is clear that Walmart is attempting to take as little responsibility in the courtroom while trying to publicly save face. Its actions drip with hypocrisy.

If you would like to discuss your meritorious case, please call me at 888-510-9359 or visit my website at www.brianmurphylawyer.com. Also read, 3 Things to Know Before Talking to Anyone About Your Car Accident Case or request my free South Carolina Car Accident Claims Guide in Plain English.