Study: Mobile Devices in Albuquerque, New Mexico Create Biggest Driver Distractions

Cell phones are major cause of auto and truck accidents in Albuquerque.  Don't talk or text while you are driving.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

A recently released study by the Governors Highway Safety Association (GHSA) revealed that cell phones and other mobile devices cause nearly 25 percent of U.S. car crashes each year. The GHSA, a nonprofit group that focuses on improved traffic safety, evaluated more than 350 scientific papers on distracted driving that have been published since 2000.
 

 

The study found that drivers are distracted nearly 50 percent of the time while operating a vehicle and that the use of a cell phone or other mobile device while driving caused a significant increase in the risk of crashing.

In 2009, there were almost 5,500 deaths and 500,000 injuries that resulted from distracted driving crashes, according to data from the National Highway Traffic Safety Administration (NHTSA). 

The GHSA suggested state safety measures, such as a complete ban on cell phone use for novice drivers and a texting ban for all drivers.

For more information on auto accident cases, contact Caruso Law Offices, P.C. at 505-883-5000 or see our website at www.carusolaw.com

Lawsuit: GM Concealed Defect in 2007-2008 Impalas

A Pennsylvania woman is suing General Motors Co., claiming the U.S. auto manufacturer should be forced to repair a rear-end defect it concealed from owners of more than 400,000 Chevrolet Impalas.

The lawsuit claims defective rear-wheel spindle rods on the 2007-2008 models of Chevrolet Impala vehicles may cause the tires to prematurely wear out.

In 2008, GM instructed dealers to replace the rear spindle rods on 24,000 Impalas that had been sold to police departments throughout the nation.

The lawsuit, which is seeking class action status, alleges GM should also be compelled to repair Impalas that were purchased by over 400,000 consumers during the same time period.


Donna Trusky, who filed the lawsuit, purchased an Impala in February 2008, but had to replace the tires after only 6,000 miles. The dealer that paid to replace Trusky's rear tires failed to mention the potential problem with the rear spindle rods. The rear tires had to be replaced again when the vehicle had only 24,000 miles. The suit claims GM concealed the existence of the defect from all class members, particularly those who took their Impala vehicles to dealers for repairs.


For more information on defective products cases, contact Caruso Law Offices, P.C. at 505-883-5000 or contact us at http://www.carusolaw.com/

Albuquerque Insurance Claims Adjusters Get Tougher on Claim Evaluations--New Mexico

Albuquerque insurance adjusters get tough on personal injury claims.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Insurance Claims Adjusters who routinely handle personal injury claims from car accidents are getting tougher in paying claims.  The result may be the opposite of what the claims adjusters intended.  More and more personal injury claimants are hiring attorneys to represent them.  The claim costs the insurance company more money the moment a claimant gets an attorney.  Getting tougher on personal injury claim evaluations will cost the insurance company more money in the long run.

"A greater percentage of claimants are getting attorneys to represent them in their personal injury claims, and this is costing insurance companies more money in the long run," says Albuquerque attorney Mark J. Caruso.  Caruso is among a growing number of attorneys who only handle personal injury claims.  As a former insurance company attorney, Caruso knows both sides of the claim. "I used to represent insurance companies, but now I only represent claimants against insurance companies."

Clients who have successfully used Caruso as their attorney note that it was advantageous to have an attorney who knew the strategies of the insurance adjusters and their attorneys.  Attorneys who have battled Caruso in cases note that he knows the ins and outs of the personal injury claim, and he is extremely knowledgeable and prepared for battle. He is licensed in both California and New Mexico and has been practicing law for 28 years.

Caruso has two offices in Albuquerque, but travels statewide representing claimants.  His Albuquerque offices are located in the Northeast Heights near Montgomery and Carlisle and in the Northwest near I-40 and Coors.  He can be contacted at 505-883-5000 or toll free at 800-657-9292.  The website is http://www.carusolaw.com/

Albuquerque Accident Attorneys Should Discount Their Fees

Lower attorney contingency fees put more money in client's pocket after personal injury and wrongful death settlements.

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

You have probably seen all the attorneys advertising on television, billboards and the sides of buses that they will represent you in your personal injury claim on a percentage fee basis.  This is called a contingency fee.  A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct set the ethical rules for attorneys to follow when charging clients a contingency fee. The rules require the contingent fee to be reasonable, and require that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all injury cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the attorney before the lawsuit is filed. Most of the initial gathering of medical records and establishing of liability are done by a paralegal or legal assistant supervised by the attorney.  However, if a lawsuit is filed because the case could not be settled, then the attorney has much more involvement in the claim.

Beginning in 2009 Caruso Law Offices pioneered a new approach to attorneys fees in Albuquerque, NM.  In compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet file, we discounted our percentage contingency fee.  We discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into the  client's pocket! It also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. Caruso Law Offices receives most of its personal injury client referrals from word of mouth, and little advertising is really needed.

Some might believe that a discounted fees means a lesser qualified attorney or law firm. Not so! Mark Caruso, the senior attorney at Caruso Law Offices,  is a former insurance company attorney who now helps injured victims.  He has over 30 years of experience helping injured victims. He is also licensed in both New Mexico and California. Because Caruso Law Offices does not do television, billboard or bus advertising, its overhead is smaller, and it can help the client by putting more money in the client's pocket. Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

The discount really means  that the attorney isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $5,000 a month, and some attorney television budgets are $20,000 monthly.  The advertising does not mean that the attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

If you would like to personally talk with Mark Caruso at  a free and confidential consultation, you can call him at 505-883-5000 or toll free at 800-657-9292. We have two locations in Albuquerque--the NorthEast Heights and the West Side.  You can also see our web site at www.carusolaw.com We look forward to hearing from you. Thanks. Mark

Albuquerque, New Mexico Insurance Companies Unfair Evaluation of Claims

Time for insurance adjusters to be fair in evaluation of personal injury claims.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Ever since the financial collapse of 2008, insurance companies have become stingier and stingier on the amount of settlement that are being offered on personal injury claims. Insurance adjusters claim that they "just don't have as much money as they used to" as the reason for this failure to pay the full value of claims.

The question I want to discuss today is, What is the fair evaluation of a personal injury claim with soft tissue injuries. Let's say that you are involved in an accident with significant property damage to your vehicle. You don't have a prior history of back or neck problems. You are taken by ambulance to the emergency room, examined, given x-rays and prescription drugs, told that you have a neck/back strain injury and sent home. A few days later you go to a chiropracter and treat for a few months. You don't miss any work. You feel great when released by the doctor. Let's also assume that your medical bills are at about $8,000.00

Given these limited facts, I would value the case at about $24,000 but most insurance companies would offer you $12,000--less than half the amount of my value. Am I wrong in my valuation, or is the insurance company wrong?

I believe the only way to determine the true value of the case is to base the value on prior experience. I routinely take cases to trial and arbitration. I can say definitively that this case would result in an award of about $24,000 I have done this time after time with the same result. CASES ARE STILL WORTH THREE TIMES THE MEDICAL BILLS if you have clear liability, significant property damage, good medical care of soft tissue injuries (whiplash, etc).

As lawyers, we cannot accept amounts less than the real value of the case, and we must be willing to litigate cases to get our clients the amount that our clients deserve--the true value of the case.

I am continuing to accept new clients, and as a former insurance company attorney with 28 years of experience, I believe that I can get my clients the maximum amount of money from the insurance company.

Call me at 505-883-5000 or toll free at 800-657-9292 or contact me at mark@carusolaw.com

I look forward to hearing from you.

Mark Caruso