On Subrogation

Refresh: What Happens if the Defendant Dies?

This week, join us as we revisit our episode on Deceased Defendants as a refresher! Original Air Date: January 7, 2021 It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before suit is instituted to recover damages. Though this can prove to be a frustrating situation, the claim lives on even if the tortfeasor does not. On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] discuss options that the plaintiff has in filing suit against a deceased tortfeasor. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed.

Collision Avoidance Technologies: Automating Reasonable Care

Each year, thousands of collisions result in injuries or deaths that could be mitigated by collision avoidance technologies. From basic forward collision warning systems to it's a Teslas with autonomous driving modes to self-driving robo-taxis, automated technologies are becoming more and more common across vehicle types. But how do these new and evolving technologies impact civil law suits? The answer is, unlike these vehicles, not so automatic. On this week's episode, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] discuss the ever-evolving driver assistance technologies and how they have changed the landscape of automobile negligence claims to encompass issues of defective design and failure-to-warn claims, in addition to simple driver negligence.

Refresh: If Cars Could Talk

This week, join us as we revisit our episode on If Cars Could Talk as a refresher! Original Air Date: December 10,2021. Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision. But what if the cars could talk? Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can. These technologies record a lot of data about what happened, and what didn't happen, at the time of an accident – but can they help your subrogation claim? On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] is joined by Eric McDowell [https://www.impactanalysisinc.com/eric-mcdowell], Project Engineer at Impact Analysis, Inc. [https://www.impactanalysisinc.com/] who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it. Listen in to learn how these technologies can benefit your subrogation case.

Distracted Driving

Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver's focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week's episode, follow Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.

Refresh: Common Fund Doctrine- Sharing the Cost

This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly. Those who will benefit from the common fund of the recovery must share in the cost of obtaining it. Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason. On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] is joined by fellow attorney, Jason [https://www.rathbonegroup.com/our-people/jason-sullivan/] Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.