TRENDS IN AUTOMOBILE ACCIDENT / PERSONAL INJURY CASES

AUTOMOBILE ACCIDENTS IN THE PAST

Are “automobile accidents” going the way of “slip and fall” cases? Not completely, but there will be dramatic reductions in both claims and personal injury attorneys as a result of better designs and safety systems in vehicles. My name is Robert J. Reeves, and I have been a personal injury lawyer for over 25 years. As a former Registered Nurse (RN), I used to treat victims of automobile, truck, and motorcycle accidents. Thirty (30) years ago, even relatively minor crashes resulted in broken bones, stitches, and head injuries. Back in the day, there were no airbags or other modern safety systems in vehicles. Seatbelt usage was strongly encouraged but not legally enforced like today. In most cars, the shoulder belts were separate from lap belts, so even those drivers who did use seat belts only used the lap portion. Tractor-trailer or semi-trucks also had fewer regulations about length of time drivers could be on the road, and stimulant drug testing was rare. Motorcycle riders were encouraged to wear helmets, but few states had laws mandating them. Also, motorcycle lights were not always on and only required when raining or at dusk. DUI arrests and enforcement were very limited and usually only after an accident. You could legally drink at age 18, and the “legal limit” was 0.10%.  As for lawyer advertising, it was widely discouraged and “frowned upon” by the profession. There were no TV commercials allowed by State Bars. No annoying letters were mailed to the unsuspecting public unsolicited. It was a different time back then. Ah, those were surely the “good old days.”

AUTOMOBILE ACCIDENTS NOW

Over the past few years, personal injury attorneys like myself and others have started noticing a very positive trend in automobile accident cases. Significantly fewer people are getting injured even when involved in serious accidents. With newer cars and greatly improved integrated safety systems, people routinely “walk away” from crashes that used to result in very serious injury or even death. “Head on” collisions, side impact crashes, and rear-end impacts even at significant speeds do not always result in serious injury to drivers and their passengers. Airbags throughout the vehicle deploy and protect occupants from impact. Glass shatters but does not create dangerous shards, only fragments instead. Frames “collapse” as designed, and soft, rounded edges do not cut or tear flesh. In many cases now, people are shocked that they are not injured and get out of the totaled vehicle. Sure, they are sore and maybe even bruised, but there are no broken bones or damage to internal organs. It is truly amazing to witness the transformation. Although auto accidents still occur with similar frequency, the resulting injury statistics are decreasing.

EXCEPTIONS TO THE NEW TREND OF LESS SERIOUS INJURY AND DEATH

TRUCKING ACCIDENTS

Of course, the wonderful trend in diminished personal injury and wrongful death claims stops with accidents involving dangerous tractor-trailer and semi-trucks like the one pictured here. These large trucks still pose a substantial risk to public safety despite increased federal and state regulations and onboard monitoring systems in newer rigs. Today, there are fewer available experienced drivers for an ever-increasing demand for more trucks on the road. As a result, the average age for a long-haul truck driver is over fifty (50) years old. Now that I am in my fifties, I can appreciate how easily tired one can become after just a few hours on the road. These drivers do it day after day, and the effect of long-term fatigue is serious trucking accidents throughout the country. Overloaded trailers, improperly loaded trailers, poor training, inexperience, delayed vehicle maintenance, and other factors all contribute to this ongoing and increasing problem for the driving public. When large trucks with their tremendous loads are traveling at highway and interstate speeds, they simply cannot control their vehicles or stop effectively when a load shifts or mechanical systems fail. Any person or anything in the way simply gets destroyed. So despite advances in passenger automobiles, there will still be very serious and deadly trucking accident cases to keep personal injury attorneys employed.

MOTORCYCLE ACCIDENTS

As with large truck accidents, motorcycle accident injury and death will also be an ongoing danger. Sadly, even with mandatory helmet laws and “always on” lights, the basic design of motorcycles has never changed. Engines have become more efficient but even more powerful. Lighter frames combined with better engines have resulted in even faster speeds and 0-60 performance. Top speeds are now well over 100 miles per hour. What has remained the same is the human body in motion with little real protection from blunt force trauma and sheering injuries after impact. Seat belts and airbags have been considered but are not practical from a design or use standpoint. Consequently, personal injury claims from motorcycle accidents will be with us for the foreseeable future.

DRIVING UNDER THE INFLUENCE (DUI) AND DRIVING WHILE IMPAIRED (DWI)

Another problem that will keep accident lawyers in practice is the ever-present and seemingly increasing “drunk” or “impaired driver. I’m not sure if more people are actually drinking and driving or if States are simply enforcing DUI and DWI laws more. Legislatures throughout the country continue to pass stricter and harsher “drunk driving” laws, and clearly, arrests are up for so many reasons. Certainly, truly impaired drivers pose a threat to overall public safety, but many other people who simply have a glass of wine with dinner or beers with friends at the game are being arrested and caught up in the “DUI hysteria” that has taken over reasonable discussion of the issue. For those drivers who are a danger, their bad choices and driving continue to seriously injure and kill innocent drivers and pedestrians despite all of the good design changes and implementation of safety systems.

PERSONAL INJURY CASES GOING FORWARD

Although the need for personal injury lawyers has decreased due to better vehicles and fewer injuries, it seems there will remain a place for truly experienced accident attorneys for more serious cases. Of course, catastrophic injury and wrongful death cases are inherently more complicated and require greater skill and attention than minor “soft tissue” mishaps. As cars improve and injuries decline, there may be a similar reduction in “ambulance chasing.” We can only hope that there will also be fewer annoying television and billboard ads by lawyers who seem to treat this profession as a “racket” to only make money.

CHOOSING AN EXPERIENCED PERSONAL INJURY ACCIDENT ATTORNEY

Before choosing a lawyer or law firm, we encourage you to carefully research credentials and compare experience levels. Everyone “knows a lawyer” and this is a great place to start your search. But don’t just rely on a recommendation. Do your own homework. You might even want to personally meet with several attorneys until you find the one who gives you the most confidence in their abilities and also “puts you at ease.” Only then, after you have done your homework are you in a position to make the best choice in a lawyer.