Tough New Stance on Cell Phones in Cars

One of the primary focus areas of the Law Offices of Gary Bruce is motor vehicle collisions, wrecks, and accidents.  However you call them, millions of Americans are in wrecks every year.  While some are minor and lead to only physical therapy to rehabilitate sore body parts, others cause dramatic injuries resulting in costly surgeries or tragic deaths.  There is no question that many of these wrecks could have been prevented by a driver simply paying more attention to the road. 

In today's busy society there are numerous distractions for drivers.  Old habits of eating on the go, putting on makeup as you drive to work, or even just talking to the person riding with you are being taken over by technology's focus on GPS devices, satellite radio, and of course cell phones.  Our phones do amazing things these days including texting, web surfing, or even video conferencing.  But with all that power, one must have restraint in using it.  Now though, it appears that the National Transportation Safety Board has determined that people shouldn’t have that discretion.  See the article here.

According to the recent announcement, the NTSB has made the bold recommendation that ALL cell phone use be banned.  Many states have rules on phone usage while driving ranging from no texting, to limitations on age usage, and even allowing only hands free devices.  In particular, Georgia has passed its own variations of the law which prohibit texting/surfing and restrict minors from making calls.  More locally here in Columbus, Ft. Benning bans cell phone usage to protect drivers while on post.  Still, the recommendation of the NTSB is a huge step in attempting to make roads safer by halting all cell phone usage, even with hands free devices.  There is no doubt that its stance is one aimed at protecting people.  The poignant statement that no text or call is worth a loss of life rings true.  But the feel good call to protect driver's has its opposition.

For example, many point out that cell phones are being unfairly targeted while countless other distractions that are equally dangerous go unhindered. Others point to enforcement issues (which the NTSB interprets in its own way) citing that officers have difficulty observing and pursuing drivers texting vs using a GPS device or other activity.  Perhaps a ray of light is that while the debate is set to begin over a complete ban of cell phones in the wake of higher usage, traffic related deaths are actually dropping to their lowest levels since 1949.  See article here.

Ultimately, all drivers must be cautious and responsible not just for their own vehicle but in watching for other drivers as well.  As the holiday season is upon us, we hope that everyone tries to slow down and drive safely in this busy time of year.  Whatever the statistics and debate, there is little reason to risk injury to others for the sake of entertainment or saving time.

Dealing with the ARMY when You are in a Wreck

If you are an active duty soldier and injured in a wreck while stationed at Ft. Benning, Georgia, you will have a lot of paper flying your way.

Initially, if the wreck occurs on a military post, you will have “Freedom of Information” forms to fill out just to get access to basic information about the accident. This can cause weeks of delay just to find out who else was in the car wreck. You might also have to go to a court proceeding in Federal Court to testify… even if the car wreck was not your fault. All of this will have to be done before you might even speak to anyone about fixing your car or paying it off if it is destroyed by the wreck.

We find that our office can be helpful in such situations in working with military families and their dependants due to our familiarity with Ft. Benning and its policies.

If you need medical attention, you will face other questions like:

1. where should you go?
2. how do you get a referral from the post?
3. will you have to treat with a military medic at Ft. Benning?
4. can you see a civilian doctor in Columbus, Georgia?
5. will the injury or treatment negatively impact your military career?
6. will you be on profile?

Again, there are options – both on post and off- that you should be aware exist in order to make informed decisions.

Of course, the medical team assigned to you will know best, but if you need a second opinion or other options, our office has found that we can provide good information which helps families in this area.

There are other issues that arise – from dealing with the reimbursement claims of the JAG office to getting recognition of the impact of a profile on your career goals. Sometimes it helps to have a lawyer familiar with these issues available for consultation.

Whatever your needs, whether you are active duty military, a military dependent, or a civilian working with the federal government here in the Ft. Benning area, we can help if you find yourself questioning what to do and how to get the medical attention and compensation you deserve.

Of course, our personal injury attorneys work on a contingency fee basis – no fee for us if we don’t recover for you – and can meet you at your convenience on post, at the hospital, or at your home. If you have moved away or TDY’d to some remote place, don’t let that stop you – we have represented military families across the world and are happy to help with more advice.

If you'd like to know more, just click on this posting's title to go to our firms webpage devoted to this topic or click here for our website.

-Law Offices of Gary Bruce

Do you have “Full Coverage”?

One of the strategies of car insurance companies to make money is to get a driver signed up, making payments, and out the door on the road as quickly as possible.  Unfortunately, this often means that “by saving $100 on your car insurance” you are actually getting less than what you need.  Over and over again, we hear our clients tell us in our first meeting that they were told by their company that they have “full coverage”.  In truth, they have far from it.  Often they find out that they may have more than the minimum liability coverage but far less than “full coverage” for the situation they find themselves in after a car wreck.

In reality, “full coverage” is a myth as you can always purchase a larger policy with more coverage.  Generally, people expect when they are told they’ve paid for this insurance is that if and when they are in a wreck and injured, the insurance company will take care of them.  In our experience, “full coverage” seems to mean that the client may have collision and comprehensive coverage for damage to their car, but likely only has the state required minimum liability coverage, which in Georgia is $25,000.00.  Trust us, having the additional coverage necessary to fully insure your bodily injuries is another matter.

Why do we ask about full coverage in a meeting – because many times that “extra” coverage for “underinsured” or “uninsured” motorists can mean the difference between merely getting bills paid vs. a settlement that actually compensates someone injured in a car wreck for the disruption in their life in addition to bills.  For example, that coverage often is the only coverage available to cover a drunk driver who was uninsured.  Also, that coverage sometimes means that there is coverage over and above minimum limits.  Another issue Columbus readers should remember is that with Ft. Benning’s military population and Phenix City a stone’s throw away, many driver’s don’t even have Georgia insurance policies which can add further issues to evaluate. 

There are many aspects to your car insurance coverage to consider.  Even a small amount of “medical payments” coverage can pay doctor bills while someone is treating for an injury.   That coverage is sometimes the only medical coverage available. and can pay for expensive procedures like MRI exams and emergency room visits.

Full coverage means something different to everyone, and the important of insurance coverage is a topic we are sure to revisit again.  But for now, let our advice be clear.

Make sure you check your coverage with your agent BEFORE you have a lawyer ask you what coverage you have – because by then it is too late.

-The Attorneys of Gary O. Bruce, P.C.