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Car Accident Term Debate

Is it a car accident, crash, wreck, or collision? Whether you’re watching the news, listening to the local radio, or getting an alert from your smartphone, one of those terms describing a traffic incident is commonly used. But when is a traffic collision considered an “accident,” and when is it a determined to be a “crash”?  

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Car Crash Fatalities

Car crash fatalities are on the rise in the United States. The suspected culprit, according to traffic safety experts: Distracted driving.

Unfortunately, this comes as no surprise considering the general increase of cellphone use and our culture of “need-it-now” information. Compounding the widespread use of smartphones and other devices are lower gas prices and a stronger economy, which inevitably fuel more driving and therefore more traffic fatalities.

Distracted Driving

Distracted driving is anything that takes away your cognitive, visual, or physical ability to focus on the primary task of driving. When you’re behind the wheel, distractions can pop up everywhere you look. Whether it’s your cell phone, car passengers, other drivers, your car stereo or temperature controls, or even just thinking about your busy day, distractions can compromise your attention and cause a crash in the blink of an eye.

Distractions while driving, of course, have been around far longer than smartphones — in fact, they’ve been around for as long as automobiles have existed. Eating and driving, for example, is one of the most dangerous activities you can engage in behind the wheel; the National Highway Traffic Safety Administration (NHTSA) estimates that it increases your risk for a crash by 80 percent.

Still, there’s no denying that the advent of smartphones, in-car GPS, and other portable electronic devices have introduced a host of new sources for distraction without alleviating any of the distractions that already existed. With social media, mobile games, and all the information on the world wide web at their fingertips, drivers are feeling more tempted than ever to take their eyes off the road — and they’re causing more crashes as a result.

Troubling Statistics Regarding Distracted Driving

The National Safety Council (NSC) reports that the current upward trend in traffic deaths began in 2014 and shows no signs of decreasing. Nationwide, the NSC reported 17,775 traffic fatalities in the first six months of 2016 — an increase of 10.4% compared to the same period in 2015 and up 18% compared to the same period in 2014. These alarming numbers came after years of declines in the total number of annual traffic deaths.

In addition, the World Health Organization (WHO) recently reported that the United States ranked 17th out of 29 high-income nations for the most traffic deaths per 100,000 people in 2013. The United Kingdom, Canada, Brunei, and the Philippines (just to name a few) have fewer traffic-related fatalities per capita than the United States.

As we discussed back in September, North Carolina doesn’t seem to be an exception to this trend, as state officials reported a 7.4% increase in traffic fatalities in 2015 compared to the previous year.

Robert Gordon, senior vice president for the Property Casualty Insurers Association of America, told a safety forum late last year that experts in the insurance industry believe that distracted driving is one of the primary causes behind the increase in traffic deaths. They came to this conclusion in part, he said, because traffic fatalities spiked especially sharply in urban areas where congestion is higher and driving speeds are generally slower.

RELATED: Can “Textalyzers” Help Stop Distracted Driving?

“You look at urban areas where the traffic slows way down and the first thing that half the drivers do, or more than half, is pull out their iPhones and their iPads,” Gordon said. “You start talking to your friends, you check your email, maybe you send a text and that’s a huge problem.”

“Our auto insurance companies feel the biggest cause of the increasing accident frequency is this type of distracted driving,” he added.

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Studies Show That More than Half of Drivers May Be Distracted

Even though most drivers are aware of the danger that distracted driving poses, few people realize just how serious and widespread the problem is. According to one recent and highly comprehensive study from the Virginia Tech Transportation Institute, the average person behind the wheel of a passenger vehicle is distracted more than 50 percent of the time, and 70 percent of crashes involve some degree of distraction as a cause.

Researchers in this study came to this conclusion based on in-car camera footage of more than 3,500 drivers, who were filmed for a period of three years. Not only that, but they also gathered self-reported survey data from the participants, and the results are equally eye-opening:

  • 1 in 5 drivers admitted to surfing the internet while driving;
  • 1 in 3 sent text messages while driving; and
  • 1 in 2 talked on the phone while driving.

Clearly, distracted driving poses a greater and more widespread threat to public safety than most people would ever care to imagine. Until lawmakers and public safety experts find a way to address this ongoing epidemic of distracted driving, traffic fatalities will most likely continue to trend in the wrong direction.

Contact Myers Law Firm

If you or someone you love has been injured in a car accident caused by a distracted driver or by any other type of negligence, Myers Law Firm is here to fight for you. When you choose us to handle your case, we promise fair and aggressive representation that places your best interests above any other concern. Please complete our online form, or call 888-376-2889 to discuss your legal options in a free, no-risk consultation.

References

DHSMV reminds motorists to focus on driving, Florida [press release]. (2016, April 1). Florida Department of Highway Safety and Motor Vehicles. Retrieved from https://www.flhsmv.gov/safety-center/driving-safety/distracted-driving/

Eating while driving. (n.d.). Decide to Drive. Retrieved from http://www.decidetodrive.org/distracted-driving-dangerous/eating-driving/

Lowy, J. (2016, October 29). Surge in U.S. traffic deaths attributed to cell phone distractions. The Associated Press. Retrieved from http://www.allgov.com/news/controversies/surge-in-us-traffic-deaths-attributed-to-cell-phone-distractions-161029?news=859681

Marshall, A. (2016, March 8). U.S. drivers are distracted more than half the time they’re behind the wheel. CityLab. Retrieved from http://www.citylab.com/commute/2016/03/major-distractions-for-drivers/472656/

Motor vehicle fatalities up 9%; No sign of a decrease in 2016, says National Safety Council. (2016, August 23). National Safety Council. Retrieved from http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?ID=134

U.S. traffic deaths jump by 10.4 percent in the first half of 2016. (2016, October 5). The Associated Press. Retrieved from http://www.nbcnews.com/news/us-news/u-s-traffic-deaths-jump-10-4-percent-first-half-n660241

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Legislative Change

Since 2009, North Carolina law has required that all drivers purchase a minimum amount of uninsured and underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. Previously, North Carolina required drivers to have uninsured motorist coverage, but had no requirement for underinsured motorist coverage.

Although this legislative change marked an important step toward protecting all drivers in the event of a hit-and-run incident or an accident involving an underinsured driver, it does create the unfortunate side effect of convincing many drivers that the state-mandated minimum amount of UM/UIM coverage offers enough protection for everyone.

In this article, we’ll discuss why that’s not always the right conclusion to make, and why additional UM/UIM coverage makes sense for a lot of drivers out there.

About Uninsured and Underinsured Motorist Coverage

 If you’ve never paid close attention to what’s in your auto insurance policy, you might not understand what uninsured motorist coverage and underinsured motorist coverage do. While closely related, these are actually two separate types of insurance coverage that work a little differently when it comes time to file a claim.

  • Uninsured motorists (UM) coverage provides insurance coverage when an uninsured, at-fault driver injures you or someone else who is covered under your policy. This includes coverage for a hit-and-run accident so long as there was contact with the hit-and-run car. UM insurance also provides coverage for property damage. In a hit-and-run wreck, however, the other driver must be identified in order to claim UM property damage coverage.
  • Underinsured motorists (UIM) coverage covers you when an underinsured, at-fault driver injures you or someone else who is covered under your policy. UIM coverage does not provide protection against property damage.

Wondering what an “underinsured driver” means, exactly? For insurance purposes, an underinsured driver is one whose liability limits (1) are less than your UIM coverage limits and (2) won’t cover the monetary losses incurred by the people the underinsured driver injures in an at-fault accident. If you’re hit by such a driver, your UIM coverage will pay a maximum of the difference between the other driver’s liability limits and the limits of your UIM coverage.

Most responsible drivers never think much about what they’ll do if they get hit by a driver who’s not carrying insurance or who’s carrying a minimal policy that won’t cover the resulting damages. That’s because they tend to assume (wrongly, unfortunately) that the vast majority of people on the road are reasonable and law-abiding motorists, just like them.

The facts, though, paint a less rosy picture: according to the most recent (2012) data from the Insurance Information Institute, 12.6 percent of U.S. drivers — or about one in eight — are uninsured at any given time.

RELATED: Car Accident or Crash? Why What You Call It Matters

Fortunately, 2009 legislation made UM coverage mandatory for North Carolina drivers at a minimum level of $30,000 per person and $60,000 per accident (with a $25,000 minimum for property damage for UM coverage), and combined UM/UIM coverage (equal to the liability limits) mandatory for policies with higher liability limits. But will these limits provide adequate coverage if you get in a serious accident?

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Is the Minimum UIM Coverage Enough?

First, it’s important to understand how UM/UIM coverage works. As explained above, UIM coverage pays the difference between your UIM limits and the other driver’s liability limits. However, if you have a state-minimum $30,000 policy, then a $30,000 UIM policy would serve no purpose — because any other driver who has a valid insurance policy must also at least have the state-minimum $30,000 in liability coverage. This is why the state doesn’t mandate UIM coverage for drivers with the minimum liability limits, and why UIM coverage is only available at limits of $50,000 or more.

UIM coverage does become mandatory, however, when drivers select a policy with higher liability limits. If you purchase a policy with a $50,000 per person and $100,000 per accident liability limits, for example, then North Carolina mandates that your policy include UM/UIM coverage with a $50,000/$100,000 limit as well. In this case, your UIM coverage would apply if you were hit by a driver who only carries the minimum $30,000 in liability limits, and would cover the difference between the limits of the two policies — $20,000 per person and $40,000 per accident.

Although total coverage of $50,000 per person and $100,000 per accident may sound like a lot of money, we can tell you from experience that costs add up very quickly in the event of a serious crash with an uninsured or underinsured driver. Between medical expenses, pain and suffering, and lost wages, $50,000 may not go a long way, especially if you’ve suffered a severe injury that requires complex treatment or extensive therapy. In this scenario, you could easily find yourself still facing tens of thousands of dollars in bills after exhausting your state-mandated UM/UIM coverage.

We’re not the only ones who’ve come to this conclusion, either. According to Edmunds.com, auto insurance experts generally recommend that drivers purchase insurance coverage that allows for bodily injury liability limits of $100,000 per person and $300,000 per accident in order to protect their assets against lawsuits.

Since those recommendations are intended to protect at-fault drivers, you can see how they relate to UM/UIM claims: If experts believe the at-fault person in a serious crash could easily end up creating liability of $100,000 per person or $300,000 per accident, and your UM/UIM coverage provides $50,000 per person and $100,000 per accident in protection, that’s a massive gap between your coverage and the costs and the monetary losses you could be left with when the at-fault person’s policy won’t pay any more (or doesn’t exist in the first place). Not only that, but the total gap in coverage for you and others you care about could be several times that amount.

UM/UIM Coverage: Peace of Mind, at an Affordable Cost

As you can see, the modest extra cost of purchasing additional UM/UIM coverage beyond the state minimums can quickly turn into the kind of investment that preserves your financial stability if you get into a serious crash with an uninsured or underinsured motorist and find yourself depending on this coverage for help.

Fortunately, UM/UIM coverage tends to come at very affordable premiums — much less than you’d pay for standard bodily injury and property damage coverage. According to a 2016 roundup of insurance quotes from ValuePenguin, purchasing additional UM/UIM coverage of $100,000 per person and $300,000 per accident usually costs between $86 and $134 a year, depending on your insurer.

In general, we recommend that drivers seriously consider the benefits of additional UM/UIM coverage. While no one wants to believe they’ll be injured in an auto wreck, the reality is that bad things do happen to good drivers when other people’s negligence enters the equation. If you someday find yourself the victim of someone else’s recklessness, opting to purchase additional coverage now might turn out to be one of the best decisions you’ve ever made.

Contact Myers Law Firm If You've Been Injured

If you or someone you love has been injured in a car accident or other motor vehicle crash, you may be entitled to compensation, and the attorneys at Myers Law Firm are here to help. As a father-and-son legal team with 50 years of combined experience in the Mecklenburg County area, we know the local courts here in Charlotte.

When you choose us to represent you, we won’t hesitate to take your case to trial and defend your rights aggressively in court if necessary. We also provide free initial consultations, and we work on a contingent-fee basis for personal injury cases, which means you won’t pay any attorney’s fees unless we make a financial recovery on your behalf.

To schedule your no-risk initial consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form. We’ll follow up and get in touch with you as soon as possible.

References

North Carolina Department of Insurance. (n.d.). A Consumer’s Guide to Auto Insurance. Retrieved from (http://www.ncdoi.com/_Publications/Consumer%20Guide%20to%20Automobile%20Insurance_CAU1.pdf

Uninsured and underinsured motorist coverage car insurance. (2016). ValuePenguin. Retrieved from https://www.valuepenguin.com/uninsured-underinsured-motorist-coverage-car-insurance#limits-premiums

Uninsured motorists. (2016, September). Insurance Information Institute. Retrieved from http://www.iii.org/fact-statistic/uninsured-motorists

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Schedule Your Consultation Now!

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