“Men are not hanged for stealing horses, but that horses might not be stolen”.
Edward F. Halifax
Generally, before legislation is passed prohibiting certain behaviors, there will be arguments made against it on the grounds that passing those laws will not prevent that action from being performed. Murder has always been outlawed (or at least punishable); but still, murders occur. Heavy sanctions are placed against pirating music; and yet, this is a pervasive offense. If, as Mr. Halifax says, the purpose of prohibitory laws is to prevent crimes from taking place, doesn’t a continuation of the illegal activity constitute evidence of the law’s failure?
Although most state legislatures have outlawed texting and driving in an effort to stem the tide of accidents caused by texting at the wheel, questions have been raised as to whether making laws against it will actually save lives. In September 2010, the Highway Loss Data Institute released data suggesting that bans on texting and driving not only do not significantly reduce injuries and fatalities from texting accidents, but in fact increase them, speculating that efforts to hide the phone while texting worsen the offender’s ability to drive even further.
Even if this data came from more than 4 states, and the growing number among the ranks of those who text were taken into account, the fact of its having been gathered from the number of insurance claims is problematic. That more people are seeking compensation for texting accidents may actually attest to the success of anti-texting legislation in punishing dangerous habits. What the statistics from the Highway Loss Data Institute actually prove is that more people are demanding reparations for accidents caused by texting.
Nevertheless, the law, as we’ve established, cannot deter crime by itself. Even if it should turn out that texting and driving accidents are actually on the decline, it is safe to assume that they will never disappear completely. This is all the more reason why institutions like insurance exist—to make amends when things inevitably go wrong. Even a defensive driver can fall victim to a reckless one; and restitution can be made when prevention is not possible.
However, there are times when even those who should be there to help let down their faithful clients. Insurance is, ultimately, a business that profits from paying less than it collects. While there are many insurers who genuinely care for their clients, others will attempt to take advantage of their inexperience when they have a valid claim. What recourse is left to an injury victim in this case?
This is what a personal injury attorney is for. In cases where an insurer, offender, or other individual responsible for the welfare of undeserving victims contests a just claim, that victim can request the help of a personal injury attorney to receive fair treatment. Since personal injury attorneys charge on contingency of success, this is a relatively low-risk option.
No law can keep innocent bystanders from harm. However, there are resources, such as Christensen & Hymas, available to ensure that the victim of negligence does not get cheated twice. Call us today at (801) 506-0800.