Attorney Glenn Phillips Receives Nation’s Top One Percent Invitation

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We are pleased to announce that Attorney Glenn Phillips has received a Nation’s Top One Percent Membership Invitation by the National Association of Distinguished Counsel (NADC).

“NADC is an organization dedicated to promoting the highest standards of legal excellence. Members are vetted by a research team, a blue ribbon panel of attorneys, and a judicial review board. Only the Top One Percent of attorneys in the United States are awarded membership in NADC.” – Stacey Philip, Director.

We would also like to thank The National Association of Distinguished Counsel for extending the invitation and opportunity.

To read more about Attorney Glenn Phillips, click here.

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Child Identity Theft

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In a report published by Carnegie Mellon CyLab, evidence indicates children as young as five months old are being targeted for unused social security numbers.

In a study analyzing identity protection scan data of more than 40,000 U.S. children from 2009-2010, findings revealed that 10.2%, or more than 4,000, had been victims of identity theft. This compares .2% of adults whose identity had been compromised during the period. The largest fraud was committed against a 16-year old girl from Arizona that totaled $725,000. They found her social security number linked to eight different suspects and that it had been used to open 42 credit accounts including mortgages, auto loans, credit cards and other bills that had gone to collections.

The study found the most common reasons for identity theft to be: obtaining false ID for employment in cases of illegal immigration; organized crime or financial fraud, and; friends or family using the child’s information to circumvent bad credit scores, etc.

Key points included in the analysis:

  • Unused social security numbers can be used with any birth date or name, making this useful for illegal immigration purposes.
  • The probability of discovery that a child’s identity has been stolen is low, as many years may pass before the child will seek to establish credit on his/her own.
  • Identity theft can have a profound impact on a child’s future as it can interfere with such things as job opportunities, apartment rental or obtaining student loans.

Tips to Protect Your Child’s Identity

Here are some tips to help make sure your child’s information stays safe:

  • Check to see if your child has a credit report on a yearly basis.
  • Be suspicious of any pre-approved credit offers that are mailed to your child. This could indicate that there is an open credit file in your child’s name.
  • Teach your child about personal data and make sure they know not to share personal information on social networking sites or anywhere else online.
  • Do not use your child’s information yourself, even if it may seem as harmless as opening a utility account.
  • Keep your child’s information inaccessible to others.
  • If your child needs access to their social security number while away at college, make sure they know not to carry their social security card in their wallet or purse.
  • Consider freezing your child’s credit. There may be a small fee, but this will keep new lines of credit from being opened and you can un-freeze if needed temporarily or when your child turns 18.

 Data Breaches Continue to Grow

In 2016, the U.S. experienced an increase in data breaches of 40% from 2015. Most recently in 2017, Equifax has reported a massive data breach that may affect almost half of the country, or 143 million Americans.

As world data continues to grow exponentially, cyber criminals have increased opportunity to breach massive volumes of data.  Per Digital Guardian:

  • Data production will be 44 times greater than it was in 2009; a 4,300% increase in annual data generation
  • By 2020, over one-third of all data will live in or pass through the cloud

“This is reason Number 10,000 to check your online bank statements and credit card statements on a regular basis, ideally weekly,” said Matt Schulz, of CreditCards.com. “Bad guys can be very patient, so it’s important to keep an eye out long after this story fades from the headlines.”

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Attorney Glenn Phillips Invited For Charter Membership – Distinguished Justice Advocates

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We are pleased to announce that Attorney Glenn Phillips has received a formal invitation of Chapter Membership to the exclusive organization, Distinguished Justice Advocates (DJA). DJA is a professional, invitation-only organization dedicated to promoting the highest standards of legal excellence, including less than 1% of all attorneys nationwide.

Through a carefully curated and strict qualification process that includes “certain honors, awards, online reviews, and trial results as an attorney in good standing”, the organization has recognized Mr. Phillips’s credentials as “recognized with a high degree of peer recognition, professional success, admission to prestigious trial lawyer groups, colleges or academies”.

We would like to thank Distinguished Justice Advocates for extending the opportunity.

To read more about Mr. Phillips, visit his profile, here:

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Your New Claims Inspector: The Drone

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According to a LexisNexis Risk Solutions survey, about four in 10 auto insurance companies are now using advanced insurance technology through drones, photo-taking apps and artificial intelligence to resolve claims in just a couple of days versus the traditional 10-15 days and in some cases, eliminating the in-person inspection visit altogether.

“We’re on the cusp of this major, major change,” says Bill Brower, vice president at RELX Group’s LexisNexis Risk Solutions, referring to claims handling.

In Chicago, a company assisting insurance companies in implementing the new technology says when a customer uploads photos a damaged car and a video of the customer describing the loss, artificial intelligence and automation can produce a repair estimate in about three hours.

Three states changed their regulations in 2016 to allow for photo or video evidence to be used by appraisers but some still have restrictions.

Per S&P Global Market Intelligence, insurance companies spend about 11 percent of personal property and casual insurance on investigating and settling claims so the savings can be significant.

“The faster you can settle a claim, typically the less you can settle it for, so there is a direct financial incentive,” said Matthew Josefowicz chief executive of Novarica, an insurance-technology consulting firm.

Insurance Companies Using Drones for Inspections

Insurance companies are beginning to use drones to take photos and video of storm-damaged rooftops or collapsed buildings.  When there are multiple stories or steep roofs involved, traditional inspections that usually take about an hour can take more time, specialists and extra equipment.

One the forefront of drone usage, Liberty Mutual says they now use drones daily to assess hurricane, tornado and flood damage.

Consumer advocacy groups are expressing concern, however.  While acknowledging that photo and drone footage can be helpful in supplementing inspections, neither may capture the full extent of damages.  Auto-repair shops complain that photos may overlook significant, hidden damage and ultimately slow the process.

Amy Bach, executive director of United Policyholders says, “Hail damage can be subtle even when it’s serious.”

With new FAA rules effective August, 2016 that no longer require a pilot’s license to operate a drone, several insurance companies are now in varying states of implementing the use of drones (though they still cannot fly near military bases or airports and regulations require the drone to be kept within sight).

According to USA Today:

  • Allstate used drones for spring storm damage inspections in Colorado, New Mexico, Oklahoma and Texas and plans to expand use nationwide in 2018.
  • Erie used a drone for a claim inspection for the first time in September 2015 and has since used drones in Ohio, New York, Pennsylvania and West Virginia.
  • Farmers began testing drones for claim inspections in January 2017.
  • Liberty Mutual  began using drones for a significant number of claim inspections after Hurricane Matthew hit the Southeast in October 2016.
  • Nationwide Insurance is evaluating the use of drones.
  • State Farm is conducting drone test flights in several states.
  • Travelers us using drones for claim inspections in 30 states.
  • USAA has used drones for claim inspections in Colorado and Texas and likely will expand to other states.

For now, a customer must grant permission for a drone to be flown on their property and insurance companies such as Allstate say “an adjuster will get on a roof if a customer wants a traditional inspection or if the drone pictures aren’t sufficient.”

 

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Consider Taking These Steps Immediately After an Accident

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Make sure all persons involved are medically stable.

The most important thing to do after an accident is to make sure all persons involved are medically stable.  Call 911 immediately for anyone you suspect needs medical attention. Do not attempt to move any person who is unconscious or experiencing pain, unless you must due to an imminent hazard.

Contact the authorities and file a police report.

Even if the other driver does not want you to call the police, call them anyway.  A police report will document how the accident happened and facilitate the exchange of information between drivers.  It can also become an asset to your settlement negotiations or litigation later on and may help expedite the process.

Seek medical treatment and at a minimum get a thorough examination.

Sometimes injuries are not immediately apparent after an accident, with symptoms occurring up to weeks later.  Should you develop symptoms later, they could be dismissed by the insurance company as unrelated to the accident if you did not see a doctor right away.  Take pictures of any visible injuries and document how you are feeling.

Determine how the accident occurred.  Obtain as much information as possible about the collision, the other drivers, and any witnesses.

Personal injury claims following an accident will likely involve claim adjusters and attorneys.  Unfortunately, these individuals will not have been present when an accident took place so any and all information about the accident will be important as both sides negotiate a settlement. Holes in the story may lead to unsuccessful claim negotiations or reduced settlements.

Witnesses can prove invaluable when building a personal injury claim.  They can often describe the events leading up to an accident, how an accident occurred, and what took place immediately following a collision.  A witness may be able to support a victim’s version of events or may be able to indicate how the other driver was at-fault.

Put your own insurance company on notice.

You will need to call your insurance company to let them know of the accident as soon as reasonably possible.  We recommend staying factual with the accident information such as providing the date, time, location, and persons involved.  It’s usually best to talk with your attorney before making any assumptions about fault or discussing other issues around the crash at this time.  This is particularly true if you are going to be providing a recorded statement.

Track your losses.  Ask your employer to record lost wages and benefits.

If you miss work because of an accident, you may be eligible for lost wages and benefits to be reimbursed by the insurance company.  A record of these losses from your employer can be used to document the amount you should be reimbursed.  You may also be eligible for lost earning capacity, such as long term disability.  Take detailed notes and keep receipts of your accident related expenses such as prescriptions, co-pays, travel expenses, etc.  Keep a journal to document pain levels, medical care, quality of life, inconveniences, etc.

Do not sign anything or give recorded statements.

You may weaken or lose a potential case by signing something you do not understand or naively giving a statement that can be used against you later.  Be aware that claim adjusters may ask you leading questions or phrase things in a way to prompt responses that will not be in your best interest.

Paperwork may have fine print to include a number of things that can weaken your position or waive compensation altogether.  You should only sign documents under the advisement of your attorney.

Be wary of all insurance companies, no matter how helpful the insurance adjuster may seem.

The insurance adjuster’s goal is to pay as little as possible or find a way to deny your claim altogether.  Even if you are offered a settlement that seems fair, you may be eligible for and deserve much more.  Settling your case too quickly may mean missing out on future medical bills should your injuries persist or worsen later.  You may unknowingly lose your rights to other types of coverage as well by settling your claim too early.

When speaking with an insurance adjuster, be aware that they will try to get you to let your guard down and make unintended admissions.  Make any conversation strictly factual and business-like in tone.  Do not offer opinions or editorialize in any way.  Do not discuss your personal life or circumstances.

Only discuss your case with authorities, your attorneys, medical personnel, your insurance company and trusted private parties (your spouse or significant other).

If anyone else asks you about your accident, it is best to tell them that you cannot discuss it.  You should also know that the insurance company will be looking at your social media profiles and postings and anything they can see may be used against you.  Do not accept friend requests from people you do not know.  Do not post pictures of the accident, comment about your claim or discuss your injuries or recovery.

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Nissan Hit with $25 Million Verdict in Defective Braking System Software Lawsuit

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A California jury has determined that a defect in Nissan’s Infiniti QX56 SUV breaking system software caused an accident that killed three people in 2012 after Solomon Mathenge crashed his vehicle into a minivan in Hollywood.  The impact killed Saida Mendez and her two daughters, Hilda and Stephanie.

The jury found Nissan negligent in not issuing a recall of the vehicle but said they did not act with malice.

Mathenge had initially been charged with manslaughter after the accident but charges were later dropped after a class action settlement was reached by Nissan alleging the breaking software could suddenly fail.  An inspection of Mathenge’s vehicle found his Infiniti had the same defect.

Mathenge and family members of the deceased filed lawsuits against Nissan, including the children’s father, Hilario Cruz and a surviving daughter, Araceli Mendez.

Cruz was awarded $14 million for the loss of his daughters and Mendez was awarded $7 million for the loss of her mother with an additional $431,000 intended to cover loss of financial support, household services and gifts she would have received from her mother.  Mathenge was awarded $3.5 million.

“The jury worked very hard and got this verdict right.  The braking system of these cars is defective and they need to be recalled,” the plaintiff’s lawyer said. “Most importantly, we are pleased that Hilario Cruz and Araceli Mendez received justice for the deaths of Saida, Hilda and Stephanie.”

Lawyers for Nissan argued that Mathenge had been speeding prior to the crash and had actually accelerated right before impact, something that could not have been caused by the defect.  “While we are deeply sympathetic to the families affected, Nissan believes the evidence clearly shows that the Infiniti QX56 was not the cause of this unfortunate accident,” read a statement issued by Nissan.

Nissan says they are disappointed by the verdict and may appeal the decision.

Case number BC493949, Cruz V. Nissan North America, et. al., Superior Court of California for Los Angeles County

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Washington State Sued Over “Highway of Death”

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highway 522Two wrongful death lawsuits have been filed against Washington State by the families of victims killed in a head on collision in 2014.  The incident occurred on a notoriously dangerous stretch of Highway 522, between Highway 9 and U.S. 2, where a portion of the roadway narrows to two lanes with no center line barriers.

The plaintiff’s include the mother of 18-month old Isabella Rose Bednarski and the daughters of Stanley and Joan Kinger, a Redmond couple.  The Washington State Patrol believes that the three victims were killed after Isabella’s father fell asleep at the wheel and overcorrected upon waking, crossing the center line into the Kingers’ vehicle, hitting them head on.  The Kingers had been on their way home from Monroe.

Isabella’s father was cited for the accident with no evidence of drugs, alcohol or cellphone involvement.  No criminal charges were filed.

The lawsuits allege that the State has breached its duty to ensure safe roadways and has known about the dangers of Highway 522 for decades, with the Department of Transportation “acknowledging that State Route 522 is known as the ‘Highway of Death’”, on its website.

The State describes Highway 2 as an integral part of east-west traffic routing, yet “overburdened” due to growth that has caused increased traffic and accidents. “Reader’s Digest warned drivers in November 2000 that the 10 mile stretch of SR 522 between Woodinville and Monroe was among America’s most dangerous highways”, the website shows.

Accident data obtained by lawyers for the families report 1,780 collisions on Highway 522 between 1980 and 1995 that resulted in 1,359 injuries and 47 fatalities.  In 2002, the Department of Transportation and the Federal Highway Administration reported an average of three fatal collisions a year.

“The state says there’s not enough money to fix [the highway]. Under Washington state law, that’s not an excuse,” said plaintiff attorney Keith Kessler, also alleging “mismanagement of funds”.

Isabella’s mother is hoping that the lawsuit will cause the state to fix the dangerous roadway. “She doesn’t want other parents to go through what she has,” says her attorney.

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ER Visits and Hospital Admissions on the Rise for Bicyclists

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A recent study by journal Injury Prevention has found a dramatic increase in emergency room visits and hospital admissions among people injured in non-fatal and fatal bicycle crashes in the United States.  The cost for each crash has as also risen.

According to the report, both increases were due to rising ridership but the increase in accident costs were mainly due to more riders over age 45 and more accidents involving vehicles.

“Our hope is that by quantifying these costs it will help to spur discussion and policy surrounding infrastructure for safe cycling,” said Dr. Breyer of the University of California, San Francisco.

Using adult bicycle injury data collected between 1997 and 2013, researchers set out to determine how medical and quality of life costs had evolved over time.

The report found:

  • 3.8 million non-fatal adult bicycle injuries and 9,839 deaths were reported for the period.
  • Total costs of bicycle injuries for the period were $209 billion for non-fatal injuries and $28 billion for fatalities.
  • Non-fatal biking injuries increased by about 6,500 per year and total costs rose by an average of $789 million annually.  Injury costs per mile fell from $2.85 in 2001 to $2.35 in 2009.
  • Non-fatal biking injuries rose nearly 140%, from 9.3 billion in 1997, to $22.4 billion in 2013.

Dr. Breyer also noted that biking infrastructure, although expensive, could help in bringing down these costs.

“In fact, we could build cycling infrastructure in one-sixth of the entire U.S. for the same cost of all these injuries in 10 years,” said Breyer.

Morteza Asgarzadeh, a researcher at Harvard T.H. Chan School of Public Health in Boston, said, “while bicycling has many health benefits, injuries can be costly and lengthy, especially for people over 40. Prevention is still the best and least expensive way to tackle the issue. Encouraging people to use bicycles must occur along with building safer cycling infrastructure such as cycle tracks and better street lighting. Bicyclists, especially the older sub-populations, should become well-informed about the risks they take by using bicycles.”

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Distraction to Blame for Spike in Pedestrian Deaths in 2016

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The Governors Highway Safety Association (GHSA) has reported nearly 6,000 pedestrian deaths in 2016, an 11% increase that surpassed motorist fatalities. This is the largest spike in more than 40 years. The second largest spike was in 2015.

Researchers believe that despite several factors such as improved economy, increased miles driven in 2016, lower gas prices and more people walking for exercise, the spike is likely due to distraction by cellphones and electronic devices. Safety director Richard Retting of Sam Schwartz Transportation Consultants who prepared the data for the GHSA, reported miles driven in 2016 and walking up only slight percentage points, while other data showed use of wireless devices and texting exploding.

“It’s the only factor that seems to indicate a dramatic change in how people behave,” says Retting.

“This latest data shows that the U.S. isn’t meeting the mark on keeping pedestrians safe on our roadways,” said Jonathan Adkins, the association’s executive director, “Every one of these lives represents a loved one not coming home tonight, which is absolutely unacceptable.”

There was an increase in overall traffic fatalities of 6% in 2016, also the highest in almost a decade. The National Safety Council (NSC) estimates over 40,200 traffic deaths in 2016, with the last time the number reaching over 40,000 reported in 2007.

From 2010 to 2015, pedestrian deaths were up 25% while traffic deaths were up 6% for the same period.

“We cannot look at distracted driving solely as an in-vehicle issue,” said Kelly Nantel, spokeswoman for the NSC. “That discounts the impact distraction could have on pedestrians.” On the other hand, she stated that just as drivers need to stay alert, pedestrians need to as well.

Alcohol is another factor that seems to be contributing to the increase in pedestrian deaths. Data shows 34% of pedestrians were found to be intoxicated at the time of the accident while less than half that number of drivers were found to be intoxicated at the time of a fatal crash.

Pedestrians “are our most vulnerable road users.” People are “more easily distracted than when we didn’t have so many easily accessible, essentially, computers in our palms,” said the NTSB.

The latest numbers have caught the attention of the National Transportation Safety Board (NTSB). The agency is currently investigating causes and possible solutions to the problem.

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Uber Suspends Autonomous Vehicle Testing After Accident

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After a collision in Tempe, Arizona over the weekend, Uber says they are voluntarily suspending further testing of the self-driving vehicles.

An Uber Volvo XC90 was in self-driving mode with an operator in the driver’s seat on Friday evening when it was hit by another car whose driver failed to yield. The Uber vehicle rolled onto its side and neither driver was injured.

“We are continuing to look into this incident and can confirm we had no back-seat passengers in the vehicle,” said Uber spokeswoman, Chelsea Kohler. Further, she said that testing had been suspended in Pittsburgh and San Francisco at least for the day.

Currently Google, General Motors and Ford Motor Company are all testing autonomous vehicles in California. Uber, after successfully starting autonomous vehicle testing in Pittsburgh, was found to be testing in San Francisco without proper permits that disclose historical accident information.

The California Department of Motor Vehicles ultimately revoked Uber’s later registrations for autonomous vehicle testing after one vehicle failed to stop at a stoplight, driving straight through a crosswalk.

Uber then took their vehicles to Arizona, where the company was not required to apply for testing permits.

While companies work hard on self-driving technology, they seem to be finding that accounting for the error-prone nature of human drivers is a difficult variable. Google has found their autonomous vehicles in a number of accidents, typically the fault of other drivers.

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