Groton Injury Attorney

Motor Vehicle

Our lawyers handle all types of cases involving motor vehicles including car accidents, automobile accidents, motorcycle accidents, truck accidents, and pedestrian accidents. Automobile, car, truck, and motorcycle accident litigation involves many complex factual and legal issues. Our lawyers handle cases throughout Connecticut. Most of our motor vehicle accident cases involve car accidents in Groton, Connecticut; New London, Connecticut; Norwich, Connecticut; Stonington, Connecticut; Ledyard, Connecticut; Montville, Connecticut; Waterford, Connecticut; and East Lyme, Connecticut. Handling car accident law requires knowledge of factual issues such as insurance law, settlement practices, accident law, reconstruction, and automobile engineering. Complex legal issues involving insurance law, multi-state jurisdiction, conflict of laws, comparative negligence, and collateral source offsets often arise in laws dealing with motor vehicle, car, truck, and automobile accident litigation.

Our lawyers handle all car accident cases with the utmost integrity. Most car accident cases go to trial because insurance companies often offer little or no money to settle motor vehicle cases even when their insured person admits that the car accident was their fault. Believe it or not, this even occurs when the defendant was a drunk driver, and the car accident was caused by the drunk driver's intoxication. This unfairly forces our clients to bring a lawsuit in many car accident cases, and go through the court process all the way to a jury trial just to receive compensation to make up for the harms and losses that they suffered due to the negligent careless defendant. That is why many car accident cases go to trial even for rear-end car crashes, and other motor vehicle accident cases where it is obvious that the defendant is at fault. Many of our car accident clients come to us after they tried to resolve their automobile accident claim without a lawyer, but were offered only a fraction of what would be fair compensation.

Our attorneys are thoroughly familiar with all of the legal issues in car accident cases in order to achieve the best possible result for our client. The Bartinik Law Firm, P.C. handles all motor vehicle cases aggressively, and our lawyers are willing and able to take cases to trial when necessary. Our attorneys have over 80 years combined experience handling all types of car accident, motorcycle accident, and truck accident cases. Cases sometimes require experts to help determine who is responsible for the car accident or crash, and what could have been done to prevent or minimize the injuries from the car crash.

Our lawyers hire the best automobile accident experts in the country to testify on issues such as auto accident reconstruction, crashworthiness, medical issues, and the evaluation of economic loss. The Bartinik Law Firm's lawyers have prepared courtroom models, accident simulations, medical illustrations, day in the life videos, and other materials to help juries understand how a car crash happened, how the car accident could have been prevented, and how the car accident has affected our client. Many times our lawyers' thorough preparation helps convince corporate representatives, and insurance companies that it is in their best interest to settle the car accident case. When a car accident case cannot be settled, The Bartinik Law Firm, P.C. lawyers are fully prepared to take our client's motor vehicle case to trial. Our lawyers are proud of our efforts on behalf of people who have suffered injures caused by careless driving, and car accidents.

Over the years our lawyers have achieved many verdicts and settlements in excess of one million dollars. Our staff and attorneys pride ourselves on our dedication to all of our clients who have been suffered harms and losses due to car accidents, truck accidents, motorcycle accidents, or any type of motor vehicle accident.

We hope you fine this substantive outline helpful. As always please contact us with any questions.

TABLE OF CONTENTS.

1. Introduction.
2. Statistics on injuries and death on the roads due to car accidents.
3. Your rights and responsibilities on the road.
4. People should take responsibility for harm caused from their negligent or reckless driving.
5. Different types of bad conduct.
   1. Negligence.
   2. Recklessness.
   3. Intentional conduct.
6. The role of insurance in a car accident case.
   1. Insurance generally.
   2. Different types of insurance.
   3. What is automobile insurance.
   4. Parts of an automobile insurance policy.
      1. Liability coverage.
      2. Property damage coverage.
      3. Uninsured/underinsured coverage.
      4. Medical payments coverage.
   5. Subrogation.
   6. How much insurance should you have.
   7. Tips on buying automobile insurance.
7. What should you do if you are in a car accident.
8. Tips on finding the right lawyer for you.
   1. Lawyer advertising.
   2. Referrals between lawyers.
      1. Referrals that benefit the consumer.
      2. Referrals that don’t benefit the consumer.
      3. CTLA Code of Conduct Rule 8.
   3. Contingency fees.
   4. Our tips on finding the right lawyer.
9. Common insurance defense tactics in car accident cases.
   1. Demand a jury trial.
   2. Admit liability on the day of trial.
   3. Hired gun doctors.
   4. Common sense or speculation.
   5. Too much or too little treatment.
   6. Blame the victim.
   7. Spying.

1. Introduction
   • Cars, trucks, and buses are everywhere. Highway travel is an integral part of modern society. We own our own car. We drive to work and from work each day. In large cities taxicabs and buses are commonplace. Many injuries and deaths occur each year in cars, trucks, and buses in Connecticut. The Bartinik Law Firm, represents people who have been injured or killed in car accidents, truck accidents, motorcycle accidents, and other motor vehicle accidents. Our lawyers help them receive fair just and reasonable money compensation as far as money can compensate someone for their harms and losses suffered due to a careless defendant in a car accident case.
   • Our attorneys help the defendant take responsibility for their actions.  Our law office is in Groton, Connecticut.  Our lawyers handle car accident cases throughout Connecticut.
2. Statistics on injuries and death on the roads.
   • For statistics on State Traffic Safety Information on a state by state basis.
     http://www.nhtsa.dot.gov/STSI/index.cfm?Accessible=0
   • For National Traffic and Road Closure Information.
     http://www.fhwa.dot.gov/trafficinfo/index.htm#WEAT
   • Buying a Safer Car for Child Passengers.
     http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/
   • Buying a Safer Car.
     http://www.safercar.gov/
3. Your rights and responsibilities on the road.
   • Sadly, many deaths and injuries in car accidents are avoidable. Many car accidents or truck accidents are caused when someone chooses to drive negligently or recklessly.
   • People have the right to expect others will follow the rules of the road.
   • People chose to drive negligently. There is no excuse for not paying attention when behind the wheel of a car. A car is a potentially deadly weapon, and everyone knows it. Of course, a car accident is a mistake, but the person who was not paying attention made a choice at that very moment to not pay attention.
4. People should take responsibility for harm caused from their negligent or reckless driving.
   • Our lawyers represent people who have been injured or killed in car accidents. Our lawyers help them receive fair just and reasonable money compensation as far as money can compensate someone for their losses. Our lawyers help the defendant take responsibility for their actions.
5. Different types of bad conduct.
   1. Negligence
      • Negligence means the failure to exercise reasonable care under the circumstances. The law requires that we act reasonably. It forbids unreasonable risks. We cannot act in a way that places others in an unreasonable risk of harm. We all have the right to rely on others to act reasonably.
   2. Recklessness
      • Reckless means extremely negligent conduct. It is conduct that might not be intentional, but is worse then negligence. For example, it is negligent to drive through a red light, but it is reckless to drive through a red light at 90 miles per hour. Although a person acting recklessly may not have intended to cause someone harm their conduct is viewed under the law as bad enough so as to warrant enhanced non-criminal penalties in certain circumstances.
   3. Intentional conduct.
      • Intentional conduct is conduct in which the actor intended the result. For example, if someone drove his car into another car with the desire to crash into the car then that actor’s conduct is intentional. Such conduct is the worst type of conduct. In fact, it is criminal conduct.
6. The role of insurance in a car accident case.
   1. Insurance generally
      • Insurance plays a very important role in a car accident, truck accident, motorcycle accident, or any type of motor vehicle accident case. Usually, both parties have automobile insurance. Most people have health insurance to pay for medical bills. Sometimes people have medical payment insurance on their automobile insurance policy.  Sometimes workers compensation insurance is involved in the car accident case if the injured party was working at the time of the car accident. The law and insurance policy rules of each different type of insurance contract must be applied correctly to the facts of the car accident case to place ultimate responsibility on the party who caused the loss.
   2. Different types of insurance.
      • Automobile insurance. Is always part of a car accident, automobile accident, truck accident or motorcycle accident case.
      • Health insurance. Is almost always part of a car accident, automobile accident, truck accident or motorcycle accident case. As long as someone has health insurance to pay their bills then it is involved.
      • Workers compensation insurance. Is only part of a car accident, automobile accident, truck accident or motorcycle accident case if someone was injured while working.
      • Life insurance. Is part of a car accident, automobile accident, truck accident or motorcycle accident case only when a person died, and had life insurance.
      • Disability insurance. Is part of a car accident, automobile accident, truck accident or motorcycle accident case only when a person was injured to the extent that they qualified for their disability insurance.
      • Homeowners insurance. Is never part of a car accident, automobile accident, truck accident or motorcycle accident case.
   3. What is automobile insurance.
      • Automobile liability insurance is insurance that protects you from two things: First, it protects you from being injured in a car accident. It also protects you from liability claims brought against you by others who claim that you caused their injuries in a car accident. Most states, including Connecticut, mandate that all drivers have automobile insurance.
   4. Parts of an automobile insurance policy.
      1. Liability coverage.
         • Liability coverage on your insurance policy is coverage that protects you if you are sued by someone else. If you are sued, your liability coverage is the reason that your insurance company (1) hires a lawyer to defend you, and (2) pays the amount of the settlement or judgment up to the maximum of the policy. The insurance company only pays if you are legally responsible. It is often called third party insurance because although it protects you when you are sued, the person who actually receives the money is the person who sued you. That person is called the “ third party.”
      2. Property damage coverage.
         • Property damage coverage on your insurance policy is coverage that protects you if your car is damaged in a collision whether you are at fault, or whether someone else is at fault. It generally provides coverage up to the book value of your car. Therefore, if your car has a very low book value you should not buy this coverage, because the premiums will likely exceed the coverage after only a few years.
      3. Uninsured/underinsured coverage.
         • Uninsured/underinsured motor vehicle coverage on your insurance policy is coverage that protects you if you are injured by someone else, and if they either have no insurance or don’t have enough coverage to pay for your losses. It is often called first party insurance because it protects you. Uninsured/underinsured motor vehicle coverage is a very complicated area of the law, and you should get legal advice for questions in this field. Because it pays damages to you, it is the most important part of your automobile insurance.
      4. Medical payments coverage.
         • Medial payments coverage is sometimes called med pay, personal injury protection, or PIP. On your insurance policy, this insurance will pay for medical bills incurred as a result of a car accident up to the amount of the coverage. It will pay even if you are at fault. If you do not have health insurance, then this insurance is a crucial part of your automobile insurance policy.
   5. Subrogation.
      • Generally, the loss eventually falls where it should, on the person who cause the loss. There are circumstances when someone is injured as a result of another person’s negligence. Medical bills have been incurred, and someone needs to pay the bills promptly. For example, the injured person incurs medical bills. If that person has medical payments coverage on their policy then the medical bills can be paid for by that insurance company. But it seems unfair for your insurance company to pay for medical bills that were caused by the person who was negligent. Remember two things. First, the reason your insurance company is paying the medical bills is because you paid premiums to them for the security that they would pay the medical bills if the need arose. Second, your insurance company will have the right to sue the person who was negligent to reimburse your insurance company for the bills that they paid. Ultimately, the loss will be borne by the person who caused the loss. But at least your bills are paid promptly, and you are not the one who has to chase the negligent part to get reimbursed.
   6. How much insurance should you have.
      • The Bartinik Law Firm, P.C. recommends at least 3 times your annual salary.
   7. Tips on buying automobile insurance.
      • Shop around because insurance agents generally have loyalties to certain companies. Buy conversion coverage. Buy medical payments coverage. If your car is not worth very much money then don’t buy collision coverage.
7. What should you do if you are in a car accident.
   • Call 911.
   • Do not leave the scene.
   • Do not give a written statement.
   • Do not talk with the insurance company until after you have talked with your lawyer.
   • Get the name or the other person’s insurance company.
   • Get names and addresses of witnesses.
   • Get photographs of your car, and the other person’s car.
8. Tips on finding the right lawyer for you.
   1. Lawyer advertising.
      • Unfortunately, the public is bombarded by tasteless unprofessional lawyer advertising. Much of the advertising is directed towards car accident cases. Television advertising by lawyers is particularly tasteless. Lawyer advertising involves several important competing interests. First, the public’s right to be informed of services lawyers offer. Second, the Free Speech rights of lawyers to advertise their services. Finally, the Court’s duty to regulate the conduct of lawyers to maintain the Court’s dignity and professional image. It is very unfortunate that some lawyers place their own personal interests above the interests our justice system, and engage in tasteless advertising. The Bartinik Law Firm, P.C. believes that more restrictive rules on lawyer advertising would be in the public’s best interests.
   2. Referrals between lawyers.
      1. Referrals that benefit the consumer.
         • The only time a referral between lawyers benefits the consumer is when the case being handled is particularly difficult or complex, and the case is referred to a lawyer who has past experience with that particular kind of case, or special knowledge needed for that particular case.
      2. Referrals that don’t benefit the consumer.
         • Some lawyers advertise for cases that they have no intention of actually handling. They simply hope to “sign up” the client, and then refer the case to another lawyer who will handle the case. The referring lawyer will be paid a portion of the legal fee at a rate that is mutually agreed to by the lawyers, and the client. Although referrals for complex cases benefit the consumer, referrals for routine cases generally do not.
         • The only justification for lawyer advertising is to inform consumers of the services lawyers offer. When a lawyer takes in a routine case, and refers that case to another lawyer in exchange for a potion of the legal fee the referring lawyer is adding little, if any, benefit to the client. This is because when the case is a routine type of case consumers will easily find a lawyer who handles that kind of case even without the aid of a lawyer who makes a referral to second lawyer. Only for complex cases will it be more difficult to find the right lawyer which justifies the need for a lawyer to make the proper referral. Although, the overall fee to the client is not increased by the referral, the fact that a referral is involved will reduce the fee for the lawyer who is actually handling the case which creates a risk that the lawyer will be less willing to spend the time to fully prosecute the case.
         • The Bartinik Law Firm, P.C. does not advertise for any cases unless we personally handle the cases, and we do not accept referrals from other lawyers who take cases simply to make a referral. We only accept referrals from other lawyers when the case is complex, or when our particular experience is needed to handle that particular case.
      3. Connecticut Trial Lawyers Association Code of Conduct Rule 8.
         • The CTLA Board of Governors has condemned attorneys or legal clinics who advertise for clients in personal injury cases and who have no intention of handling the cases them-selves, but do so for the sole purpose of brokering the case to other attorneys. Any CTLA member who enters a contract of representation on behalf of a claimant shall, at the time of retention, fully advise the client, in writing, of all relationships with other attorneys who will be involved in the presentation, the role each attorney shall play, and the proposed division of fees among them. The client shall also be promptly advised of all changes affecting the representation.
   3. Contingency fees.
      • The contingency fee is a legal fee in which the lawyer’s fee is a percentage of the final settlement or verdict of the car accident, truck accident, motor vehicle accident, or motorcycle accident case. It is contingent on the results of the case. Typically the lawyer's fee is one third. Many states including Connecticut have sliding scales for lawyer contingency fees under which the percentage for the lawyer’s fee decreases as the size of the verdict or settlement increases. The lawyer's fee is charged at the end of the case, even if the case takes years to reach its conclusion. During the case the attorney is not paid any legal fee, and often pays for costs associated with the case which can amount to many thousands of dollars.
      • There are two primary benefits to contingency fees. First, they allow someone to bring a case even if they lack the money it takes to pay for a long and difficult case. For example, many people who are injured incur medical bills, or are unable to work. They are unable to pay money to bring their case because of their injury. Their only hope at justice is a lawyer willing to take the case on a contingency fee. Second, the contingency fee also reduces frivolous litigation. Lawyers are less willing to take cases on contingency fees unless they have merit. If the case is lost the lawyer is not paid. That provides a strong disincentive for bringing frivolous cases.
   4. Our tips on finding the right lawyer.
      • There are no absolute rules to finding the right lawyer. Here, are some topics to cover to determine which lawyer is the right lawyer for your case.
   • Lawyer's years of experience.
   • Lawyer's experience with your particular type of case.
   • How many cases has the lawyer actually taken to verdict.
   • Is the lawyer familiar with the particular judges in the court in which the case is going to be brought.
   • Is the lawyer going to personally handle your case or is it going to be assigned to someone else.
   • Does the office have the adequate number of lawyers to handle the case.
   • Does the office have adequate non-lawyer staff to handle the case.
   • What work with be done by the lawyer, and what work will be done by non-lawyers.
   • Does the lawyer's office have the adequate financial resources to handle the car accident case.
   • Are the lawyers involved with their professional specialty organizations in leadership positions.
9. Common insurance defense lawyer tactics in car accident cases.
   1. Demand a jury trial.
      • It is common misconception that plaintiff’s are seeking a jury trial because they believe they will receive a high verdict from a sympathetic jury. In most automobile and car crash cases it is the defense lawyer, and not the plaintiff lawyer that requests a jury trial.
   2. Admit liability on the day of trial.
      • Even in clear cases it is common for defense lawyers to deny responsibility for the accident, and then at the last minute on the day of trial they admit responsibility for the motor vehicle accident. In these situations, the jury is to decide the car accident case without even knowing that the defendant refused to take responsibility for their actions causing the car accident up until the day of trial. This type of frivolous defense from defense lawyers causes the parties to incur unnecessary litigation costs in car accident cases, and forces many trials on car accident cases that should have been settled.
   3. Hired gun doctors.
      • There are certain doctors that perform medical evaluations for the defense insurance attorneys, and routinely offer false opinions that state that the plaintiff is not injured from the car accident.  These doctors are often paid substantial sums of money for their opinion work.
   4. Common sense or speculation.
      • A common defense lawyer tactic when there is really no defense, is to suggest to the jury that the jury use its’ “common sense” in deciding this case. This argument is really a call for the jury to speculate on matters for which no evidence has been offered.
   5. Too much or too little treatment.
      • If the plaintiff sought a small amount of medical treatment the defense lawyer will argue that the injury was not very significant because the amount of medical treatment was small. If the plaintiff sought a great deal of medical treatment the defense lawyer will argue that the plaintiff over treated which indicates she is trying to build up her car accident case.
   6. Blame the victim.
      • The defense lawyers will attempt to focus the case on the victim rather then on the conduct of the defendant who caused the car accident, truck accident, automobile accident, or motorcycle accident.
   7. Spying.
      • The defense lawyers will sometimes hire a private investigator to spy on the plaintiff.

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