Sep 16, 2018

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How to Avoid Being Hit By a Commercial Truck

Categories:

Decatur Truck Accident Lawyer

Commercial trucks can be commonly seen cruising on highways all across America. While these vehicles are quite essential to the economy, they can inflict significant damage if an accident were to occur. These hefty trucks can weigh upwards of 80,000 pounds when fully stocked. In comparison, the average four door car may weigh a measly 3,000 pounds. If these two very different sized vehicles were to plow into each other, the results could be tragic for both drivers. However, in most cases it is the passenger car driver who suffers the worst injuries, due to being encased in a substantially smaller vehicle.

What can I do to prevent from getting hit by a commercial truck?

Being proactive and aware at all times while sharing the road with these large trucks can help lessen the chances of being part of such a tragedy. While a driver cannot eliminate the likelihood of being struck by a commercial truck completely, there are ways to help stay out of harm’s way:

  • Avoid driving within the truck blind spots (sometimes referred to as “no zones” which are at the back left and right sides of the truck)
  • Keep your distance (trucks need more room than the average car and need more time to stop)
  • Obey rules of the road (maintain a safe speed and never cut off a truck that is moving slowly)
  • Do not pass trucks that are making wide turns (you may get squashed if you try to make the turn faster than the truck)

What are signs that I should go to the emergency room?

It is not necessary but highly encouraged that anyone hit by a commercial trucks gets medical attention. While you may not feel the extent of your injuries right away, they could slowly start to surface within the days to follow. If you went home without getting examined by a doctor, here are a few signs that may mean you should go to the emergency room right away:

  • Nausea and vomiting excessively
  • Severe abdominal pain
  • Shortness of breath
  • Chest pains
  • Cuts that have not stopped bleeding
  • Unrelenting headache
  • Dizziness, confusion
  • Slurred speech
  • Blood in stool and/or vomit

Can a passenger car driver be compensated for the accident?

If a car driver was to get hit by a commercial truck, they may be able to recover expenses for losses due to the collision. Things like medical bills, vehicle repairs, loss of wage and future treatments may be covered by the truck driver or trucking company. As you can imagine, these types of accidents can be particularly complicated. A car driver may not know whether to sue the driver, the trucking company or both. The parties involved in the lawsuit may depend on exactly how the crash happened.

How can I be more prepared for my consultation?

When meeting with a Decatur truck accident lawyer, bring along any expenses related to your accident injuries in which you had to pay out of your own pocket. Take with you any evidence of the crash as well, including the police report, photographs of the scene and even witness contacts.

 


 

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight personal injury and truck accidents.

Attorney Explains Wrongful Death Claims

Categories:

Wrongful Death Lawyer

 

Wrongful death claims: what are they, when can you sue, who is liable and what damages can be recovered?

 

What constitutes a wrongful death?

 

Wrongful death has a two-part explanation. It exists because someone has died due to the legal fault of another person or group of individuals. And often criminal action has either failed or was not attempted to bring justice in the victim’s death.

 

Wrongful death claims may be brought under many circumstances:

  • Car accidents
  • Medical malpractice
  • Product liability
  • Criminal behavior
  • Death during a supervised activity

 

Who gets sued in wrongful death cases?

 

Wrongful death claims can be straightforward or involve several layers of individuals that may appear on the surface to be several degrees removed from the death.

 

For example, in a fatal car accident, the victim’s family may pursue a wrongful death case against the driver. That driver is accused of directly causing the death. Now what if that driver was also accused of driving drunk at the time of the crash? Then the bar where the driver was served could also be implicated in the lawsuit.

 

The same thing goes for faulty auto parts. If an airbag fails to deploy when a vehicle is hit and the driver dies, it’s possible the airbag manufacturer could be named in the wrongful death lawsuit.

 

Who files wrongful death lawsuits?

 

A representative working on behalf of the survivors of the victim will bring a wrongful death lawsuit.

 

Often the representative may be the executor of the victim’s estates. The group of survivors is often made up of:

  • Immediate family members (spouses and children)
  • Distant family members (siblings, grandparents, etc)
  • Life partners
  • All persons who suffer financially from the death of the victim (some states allow this)

 

What kinds of damages can be recovered?

 

Various considerations are made to determine what damages survivors may be entitled to. These could include funeral costs, medical costs, loss of income and lost pension.

 

The earning potential of the victim will be weighed against things like their age, education, chronic medical conditions and personal history.

 

Should I accept the settlement offered from the insurance company?

 

It’s never a good idea in any case to accept the first settlement offered. You should always consult with a trusted attorney before doing so.


Insurance settlements may not consider the full effect the victim’s death has had on the lives of their loved ones.

 

A wrongful death lawyer St. Paul, MN trusts knows how to pursue and secure maximum damages from the people or organizations responsible for your loved one’s death. They understand that when you’re mourning the loss of a loved one you don’t need to be worrying about seeking justice in their wrongful death and can help you bring those responsible to justice.

 

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury and wrongful death cases.

 

What Does My Bicycle Accident Lawyer Mean by Discovery?

Categories:

Bicycle Accident Lawyer

The discovery portion of your accident claim process is a period of time fixed by the court when your bicycle accident lawyer may pose written questions to the defendant and request documents to uncover facts and discover evidence that will help your attorney make a successful claim on your behalf. Both sides, i.e. plaintiff and defendant participate in the discovery process.

Written questions are called Interrogatories. When you sign your name to your Answers to Defendants Interrogatories, you are taking an oath that your answers are true and correct to the best of your knowledge.  Although subject to the procedural laws of the jurisdiction, most states limit the number of questions that either side may ask. Your bicycle accident lawyer will take a strategic approach in selecting the questions asked of the defendant.  From this line of questioning, your lawyer may uncover a medical condition or prescription drugs the defendant may have taken prior to the collision that may have been a contributing factor. When asked where the defendant had been prior to the accident, your attorney may learn that the defendant had just consumed several mixed drinks at a sports bar prior to the accident. Defense will ask if you have ever been a party to a claim for injuries prior to the accident. They will also ask questions regarding your medical history and inquire about previous injuries. Both Plaintiff and Defendant’s Answers to Interrogatories are evidence in your claim for injuries.

The other side of the discovery process involves a Request for Production of Documents. Both plaintiff and defendant make this request for tangible documentation that can be used for information gathering and evidence. For example, if the plaintiff is making a claim for loss of wages, the defendant will request that plaintiff supply tax returns for any reasonable number of prior successive years. The defendant insurance company will also ask for a copy of all medical records, doctor reports and billings related to the accident. And if there was a similar injury prior to your accident, they will likely request medical records about that injury as well.

Objections may be raised by your bicycle accident lawyer or defendant’s attorney for questions contained within the interrogatories; the same holds true for documents requested during the production portion of discovery. And as your bicycle accident lawyer receives updated information or additional documentation, he or she will continue to comply with the rules of discovery. If you have any questions about the discovery process, talk with your bike accident lawyer Indianapolis, IN residents rely on.

 


 

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into bike accidents and injuries.