Types of Insurance Agent Negligence

Dec 12

Natural calamities such as tornadoes and hurricanes can leave devastating damage to properties. The devastation can be so excessive that you may not be able to pay for repairs from your own pocket. Luckily, they can rely on insurance to cover for the possible expenses they will incur. However, in order to receive the full compensation, the damage has to be fully appraised by an insurance agent. This is where negligence of the insurance agent will come in.

According to the website of Williams Kherkher, there are different ways an insurance agent can be negligent. These actions can have devastating financial consequences on the individual suffering from the effects of a severe storm. Let us take a look at some instances an insurance agent can be negligent when it comes to claims:

1. Failure to advise clients of their appropriate coverage

An insurance agent can be negligent when they fail to inform their clients about the appropriate coverage options or misinforming them as to the extent or nature of the coverage they are purchasing,

2. Conduct has fallen below the required standard for their profession

An insurance agent has the duty to inform client about the termination of their coverage. If the agent was not able to file the paperwork or filed it improperly and such conduct has led to losses for the client, the agent can be held liable for the losses.

3. Failure to inform client about the type and amount of insurance they require

It is important for agents to inform and recommend the appropriate coverage and not doing so will result in a breach.

4. Failure to give the client the correct coverage they need

Whether requested by the client or coverage that they need, an insurance agent must ensure that their customer receive the correct coverage. If the client made a mistake and the client did not get the proper coverage or right risk, the agent is in breach of their duty.

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Implied Consent In A DUI Charge Explained

Aug 25

When an officer flags you down for suspected DUI, the first thing they will do is have you undergo a breathalyzer test to determine your blood alcohol content (BAC). However, not everyone are willing to subject themselves to such kind of procedures. According to the National Highway Traffic Safety Administration, more than 20 percent of drunk driving suspects in the US refuse to take a breathalyzer test when stopped by a police officer.

According to the website of Horst Law, refusal to take a chemical test after being placed under arrest subjects you to being charged for violating the law on implied consent. This rule states that if you have been arrested for DUI, you agree to be subjected to blood, urine, or breath tests for the purpose of determining your BAC. The law prohibits you to consult an attorney before the testing and the test should be administered as soon as possible from the time you were driving. The arresting officer chooses the test you will take but you can choose the additional tests administered by a doctor of your choice.

With implied consent, you can still be arrested for DUI even if you are not the driver. As long as you have physical control of the vehicle, it is enough ground for the officer to arrest you. In addition, the law says that you consent to taking a preliminary breath test even if you were not arrested. The result of the test will be used by the officer to determine if there is probable cause that you were indeed driving while intoxicated. While you can refuse to take the test, doing so would not help your cause as the officer may think you had been drinking. The law enforcer can use that reason to still arrest you.

When you are arrested, the officer will remind you that your license will be suspended if you refuse to take a test. For first refusal, the suspension will be valid for one year while succeeding refusals will result to license suspension for three years. The officer will then submit a sworn report to the Secretary of State detailing the reasons for your refusal.

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Wrongful Death

May 13

Five Georgia Southern University students who comprised of Savannah resident Abbie DeLoach, Millen resident Caitlyn Baggett, Leesburg resident Morgan Bass, Alpharetta resident Catherine Mckay Pittman, and Powder Springs resident Emily Clark, died on April 22, 2015 when a tractor trailer rig hit their vehicle as it was sitting in traffic on Interstate 16 in Bryan County.

The families of the victims filed a wrongful death lawsuit in May 2015 against U.S. Express Entities, the parent company of Mississipi-based Total Transportation and its subsidiaries, as well as Pooler-based Graywolf Logistics and the truck driver, who is Shreveport, Louisiana resident John Wayne Johnson.

According to investigations made by the Georgia State Patrol, the tractor trailer rig-car collision caused a seven-vehicle pileup.

The lawsuit stated that the truck that Johnson was driving should have contained a collision avoidance system that is designed to provide the driver with visual and auditory warnings that there are objects that are blocking the truck’s path. It claimed that the truck had been traveling at around 70 miles per hour and did not slow when it hit a Toyota Corolla that was occupied by Clark, Pittman, and Baggett and the Ford Escape that was directly in front of the Corolla that was occupied by Bass, Loganville resident Megan Richards, and Reidsville resident Brittany McDaniels. Richards and McDaniels survived the crash.

The lawsuit also said that people involved in the accident saw the “explosion of the fuel tank [that] engulfed the Toyota”. It also claims that there had been no bad weather, and that there had been no possible hindrances to Johnson’s seeing that there was traffic in front of him, noting “because he was drowsy or some other inexplicable reason, Johnson did not slow or stop…never applied brakes, never made any move to avoid a collision, before slamming into the rear of the Toyota at high speed”.

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Distracted Driving

Aug 06

Driving requires you to focus intently on multiple, constantly changing factors at the same time. You have to pay attention to not only your vehicle’s location, speed, and direction, but also the actions and intentions of vehicles, pedestrians, and bikers around you. Car accidents are one of the leading causes of injury and death in the US. Distractions increase your chance of being involved in an accident, so it is important to be aware of the different forms of distracted driving in order to keep yourself, your passengers, and the drivers around you safe while on the road.

The first type of distracted driving is cognitive distraction. This is where you might be looking at the road and there does not appear to be any distractions involved, but you are not focused mentally on driving. You could be thinking about what you need at the grocery store, something that happened earlier that day, or even just day dreaming about nothing in particular. If your mind is not focused specifically on the road, you’re distracted.

The second type of distracted driving is visual distraction. This is where your eyes are not focused directly on the road but rather something else. This could be something that is outside of the car such as signs or buildings, but it can also be inside of the car such as rambunctious children or a talkative passenger. Without your eyes focused on the road you will not be aware of sudden changes in the conditions, and an accident could be the result.

The last type of distracted driving is physical distraction. This is when your hands are not actually on the wheel or there is some other physical contact made on you that alters your driving. You could be reaching behind you for something in your purse, handing a drink to someone else in the car, or someone could have bumped your arm or pushed the back of your seat. Physical distraction is the reason why you should never eat, put on your makeup, or do any other activity in the car while driving, or else the distractions can result in a serious collision.

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The Risks of Unnecessary C-Sections

Apr 10

The World Health Organization (WHO) recently pointed out that there has been a huge increase in the rate of Caesarean sections over the last few decades. According to the report dated April 2015, the ideal rate for C-section operations in both developed and developing countries is at 10 to 15 percent. However, the rate of C-sections performed in the United States almost doubles this number. At present, the rate of births via C-sections in the U.S. is at 33 percent. According to a separate set of data from the Centers for Disease Control and Prevention (CDC), that translates to roughly around 1.3 million Caesarean section deliveries.

In their report, WHO emphasizes that these growing numbers is a cause for concern. The huge discrepancy between current C-section rates and the prescribed ideal rate show that millions of unnecessary C-sections are performed all over the world. While C-sections can be extremely beneficial when medically justified, unnecessary surgical births can cause more harm than good. As pointed out in the WHO report, the operation can lead to “significant and sometimes permanent complications, disability or death particularly in settings that lack the facilities and/or capacity to properly conduct safe surgery and treat surgical complications.” It’s crucial that medical professionals prevent such outcomes by resorting to C-sections only when the safety of both mother and baby are threatened by particular complications. One such complications is placenta previa—a condition where the placenta is obstructing the opening of the uterus, preventing the baby to be delivered naturally through the birth canal.

Physicians who endanger mothers and babies through a unnecessary C-sections can be held accountable for the carelessness of decisions. This is because doctors are continually held according to high standards accorded by their profession. By pursuing an unnecessary surgical procedure, they could end up causing unintended outcomes. This is particularly true when such redundant procedures lead to birth injuries or even wrongful death. In these scenarios, the aggrieved patient can decide to pursue just compensation through a medical malpractice suit.

If you are dealing with a similar problem caused by an unnecessary C-section, it’s best to consult with experienced legal counsel in your area.

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