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.
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.
By: Jory Lange
When it comes to food poisoning, many people do not realize you can hire a lawyer for your injuries. Too often people with severe food-borne illnesses find themselves with high medical bills and ongoing health complications. That’s where a good Salmonella lawyer can come in.
A Salmonella lawyer can evaluate your claim and give you advice on your rights. Oftentimes victims of Salmonella infections feel worried or scared about going against a company or a restaurant that made them sick. This is where a Salmonella lawyer can help. It is not ok that you became sick after eating food prepared by a restaurant or food producer. By pursuing a claim, a Salmonella lawyer may be able to help you recover compensation for your medical bills, time away from work, or future medical expenses that may arise from any long-term complications you have as a result of your Salmonella infection.
Before you hire a Salmonella lawyer, there are 5 things you can do now to prepare:
- Find the Right Lawyer for You. All too often, food poisoning victims reach out to attorneys who may not specialize in food-borne illness claims. It is crucial to find a lawyer who not only understands how to handle a food poisoning claim, but also who specializes in the area to ensure that your case is valued properly.
- Get a Diagnosis. Just because you became sick after you ate a particular food items does not necessarily mean you have Salmonella. Symptoms of Norovirus and Staphylococcus aureus are similar to Salmonella symptoms. You want to make sure you actually have Salmonella, so the Salmonella lawyer can link your illness to the contaminated product that you have eaten. You can get a diagnosis by seeking medical attention and getting a stool test.
- Keep Your Receipt. If you purchased a contaminated product or went to a restaurant and ate contaminated food, it is a good idea to keep your receipt. This will help the Salmonella lawyer link your Salmonella infection to that particular food item or restaurant that made you sick.
- Keep a Journal. Sometimes it is helpful to make a journal entry about what you have gone through during your Salmonella infection. This will give the Salmonella attorney a timeline of events from the time you ate a particular food until you became sick. This will also help the attorney understand your symptoms and what you went through for your damages.
- Report Your Illness to Your Local Health Department. Food poisoning in general is highly underreported. Salmonella, even as common as it is, is also severely underreported. For every 1 confirmed Salmonella case, 29 go unreported. By reporting your illness the local health department can determine if your illness is part of an outbreak or help identify what food item may have made you sick.
By calling a Salmonella lawyer right away, you are helping to ensure your rights have been preserved. Even if you do not feel like you are prepared enough at this moment, calling a Salmonella lawyer sooner rather than later can help preserve your claim.
Thanks to our friends from MakeFoodSafe.com for their insight into Salmonella outbreaks.
Whether it occurred in a store or outside of someone’s home, a slip and fall accident can result in many types of injuries and put you out of commision for a while. As you’re probably eager to return to work and your regular activities as soon as possible, it’s important to take good care of yourself during the recovery process.
Here are some tips for recovering from a slip and fall accident.
Get a Proper Diagnosis
Before you can get on the road to recovery, you have to find out specifically what types of injuries you suffered from the slip and fall accident. Schedule an appointment with a doctor to get checked out as soon as possible. During your appointment, describe the symptoms you are experiencing and don’t leave out any details. After giving you an examination and conducting the appropriate tests, your doctor should be able to give you an accurate diagnosis.
Listen to Your Doctor’s Orders
After your doctor has given you a proper diagnosis for your slip and fall injury, he or she will recommend the appropriate treatment. For example, if you sprained your ankle, your doctor may suggest that you go to physical therapy. It’s important to follow your doctor’s advice if you want to get better as quickly as possible. Your doctor has likely treated similar injuries in the past and knows what treatments are most effective.
Discuss Pain Management Techniques
Slip and fall injuries, such as broken bones and neck injuries, are often accompanied by pain. Being in pain all day can make it difficult to go about your day and concentrate on your recovery. That’s why you should talk to your doctor about various pain management techniques you can try. In addition to pain medication, your doctor may suggest hot and cold treatments and massages to deal with the discomfort.
Get Plenty of Rest
Adequate rest is essential to recovery from a slip and fall injury. When you rest, your body has a chance to repair its tissues, speeding up the recovery process. Aim to get at least eight hours of sleep every night. If you feel a little tired during the day, don’t hesitate to take a nap.
Eat the Right Foods
The foods you eat can also have a major impact on your recovery. For example, foods that are rich in omega-3 fatty acids, like salmon, tuna and olive oil, can decrease inflammation throughout your body, helping you feel better. Fruits, vegetables, lean meats and whole grains can also help the recovery process.
If your slip and fall accident was the result of someone else’s negligence, you may be eligible for compensation. Talk to an experienced Las Vegas slip and fall attorney today about the details about your case. He or she can assess the strength of your case and help you gather evidence, identify witnesses and talk to insurance companies.
Most slip and fall accident lawyers offer free initial consultations, so don’t hesitate to schedule a meeting with one.
Thank you to our friends and contributors at Nadia Von Magdenko & Associates for their insight into personal injury claims and slip and fall accidents.
Even if it is clear in a commercial truck accident that the truck driver was the reason the accident took place, it can sometimes be difficult to determine who is liable legally. There are some things to consider with a personal injury lawyer Wytheville, VA residents rely on when trying to figure out who is liable.
When is a Company Responsible for How a Driver Acts?
The main theory behind the idea of liability that would hold a company responsible for an accident caused by a truck driver is “respondeat superior”. This is a Latin term that essentially means the superior is responsible. What this means is that an employer is responsible for any actions by their employees, as long as their acts were not intentional and took place during an element of their employment. This states that the employee’s liability is to the employer, making the employer just as responsible as if they had personally committed the act by themselves. The reason for this is that it is assumed that there is going to be wrongful behavior during the lifespan of a company’s business. Because of this, the costs of this conduct should be charged to the employer as a risk of doing business. Another reasoning is that typically companies have more money than its employees and are able to therefore buy better insurance which should cover their entire company.
Independent Contractor or Employee?
If there has been an accident involving a truck driver, the truck driver will have to prove that they are an employee of a company, instead of being an independent contractor. Typically if a truck driver is an independent contractor, a company is normally not responsible for any actions of an independent contractor. When determining if someone is an employee or an independent contractor, it is based on if the employer is responsible to control the means and manner in which their work needs to be done. If the company dictates the work that needs to be done but not how the work gets done, then it is viewed as an independent contractor.
For instance, if a truck driver was hired to move a load of a product across the country, however, he used his personal truck, paid for his own gas, carried his own insurance, did not receive benefits from the company, paid for the repairs to his truck, was not trained by the company on how to drive the truck or make deliveries, and was paid based on each route, then the truck driver would most likely be considered an independent contractor.
Intentional Behavior of the Truck Driver
While it is usually assumed that the company is liable for any accidents caused by their employees, there is an exception to that rule. A company is not reliable for any intentional actions done by their employee. As stated previously, a company is only responsible when the actions of their employees are completely unintentional, so if an act was done on purpose, the company is no longer responsible. For instance, if a truck driver were to hit a car because the driver of the other vehicle was having an affair with his wife, the company would not be liable.
Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their knowledge about commercial truck accidents and personal injury cases.
The consumer demand for convenience of home deliveries continues to escalate. With this boom in delivery services links a job force demand for delivery drivers. While delivery drivers are an important part of this workforce, they are at a higher risk for injury than many other professions.
Delivery drivers often spend long hours in their delivery vehicle. Any professional that logs significant time in a vehicle has inherent risks of accidents. Approximately 13 percent of injuries to delivery drivers occur due to vehicle accidents. Head, back, and neck injuries during a vehicle accident can have long-term and serious consequences. Head injuries can range from a mild concussion to bleeding within the brain or traumatic brain injury. Back and neck injuries may include whiplash, herniated disks, or damage to the spinal column and nerve damage. A lawyer, like a Philadelphia work injury lawyer, understands the direct and indirect costs associated with vehicle injuries. For example, costs associated with hospitalization, inpatient or outpatient rehabilitation, and related medications can quickly skyrocket and also extend over a long period of time. Additionally, the recovery time frame for extensive injuries may be significant, leaving the individual unable to work. Unfortunately, many companies will pressure injured delivery drivers and attempt to limit the amount of medical care in order to avoid expenses. A work injury lawyer allows you to focus on recovery knowing that they will seek fair compensation for the complete extent of your injuries.
Overexertion or body movement injuries are the most common injury among delivery drivers, accounting for over 40% of delivery driver injuries. Delivery drivers who frequently lift or move heavy materials, such as furniture or large and bulky packages, may experience back, knee, or shoulder pain and injury. Herniated disks, sprains and strains are all common injuries related to these repetitive motion injuries. Slips, trips and falls are another common cause of injury for delivery drivers. While weather conditions, such as rain or snow, contribute to some of these injuries, the majority of injuries are caused by the conditions of the ground or floor. In either case, the delivery driver has rights to file a workers compensation claim.
If you have been hurt while working as a delivery driver, there are several important steps to take to protect yourself.
1) Immediately notify your supervisor of your injury, even if you are uncertain whether you will seek medical treatment. Most employers will ask you to complete an incident report to document your injury. If there was an unsafe condition – such as a broken step or malfunctioning equipment – that contributed to your injury, be sure to include it on the incident report. This will be important information for your situation, and it may also help prevent additional injury to a coworker.
2) Seek appropriate medical consultation. This may vary based on the extent of your injuries. An emergent injury from a car crash may necessitate a 911 call with immediate treatment. A lesser injury might be able to be handled in an outpatient setting, such as a primary care physician office or urgent care facility. Ask your employer for the list of physicians that are in network for your workers compensation injury. If you are not satisfied, or do not want to use their in-network physicians, be sure to keep track of any receipts for medical care.
3) Contact a qualified workplace injury attorney. If you have been hurt at work, it’s important that you take the first step and hire a injury lawyer to pursue fair compensation for your physical injuries, pain, and suffering.
Thanks to our friends and contributors from Wieand Law Firm for their insight into car accident cases.
Disclaimer: This article is for informational purposes only and is not legal advice.
In both criminal and civil court cases, evidence may be admitted or dismissed in a court procedure. Evidence can make or break a case which is why it is important to choose a good lawyer who is ready to defend their client as best as possible.
What is Admissible Evidence?
Admissible evidence is considered to be any type of tangible, testimony, or document used in a court of law. In general evidence is introduced by a lawyer to a jury or judge with the objective of proving a point or factor in a case. Evidence can be used in criminal and civil law.
Criminal Law: Evidence is typically used to prove or disprove a defendant’s guilt “beyond a reasonable doubt”.
Civil Law: An element or factor of a case may be weighed by the superiority or strength of evidence in a case. It does not have to be evidence that is “beyond a reasonable doubt”.
Prior to evidence being used in a criminal legal case, it must be deemed admissible. Whether or not this holds true will depend on various factors that must be assessed by the court.
How Evidence is Assessed Before Being Considered Admissible
In general, an evidence that is not relevant or reliable to a case is inadmissible. Whereas, relevant and reliable evidence is admissible.
Relevant – In order for evidence to be relevant, it must be able to prove or disprove a fact in the case. If it doesn’t relate to a fact, it may be inadmissible.
Reliable – The source of the evidence must be credible or reliable. This especially pertains to any witness testimony.
Types of Evidence
There are four primary types of evidence in legal cases. These are:
- Real – Dried blood, fingerprints, DNA, a murder weapon, casts of a footprint, etc.
- Demonstrative – Photos, sound recordings, videos, graphs, x rays, simulations, etc.
- Testimonial – The spoken evidence given by a witness who is under oath
- Documentary – Proof that can be presented in written form (i.e. wills, contract, printed email, etc.)
The aforementioned is not exhaustive. A lawyer can further explain other types of evidence that may be particularly relevant to your legal matter.
When Evidence is Inadmissible
Determining what is inadmissible evidence can be a rather complex and nuanced area of law. In general, the rules of evidence are backed by public policy; however, there are a number of exceptions which can have their own exceptions. Consider it an exception within an exception of a rule. Typically evidence will be deemed inadmissible when it:
- Is unfairly prejudicial
- Wastes time
- Is misleading
- Is hearsay
- Is testimony from a lay witness
- Came from a privileged source of information (i.e. a lawyer)
If any evidence is inadmissible, it will not be able to be used in court. Thus it is important to ensure a qualified lawyer reviews and assess any evidence prior to going to court. If you need help with any evidence issues, or with a criminal or civil legal matter, you should consult a lawyer as soon as possible.
Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into admissible evidence.
A family has filed a wrongful death lawsuit over the race-related collapse of an attorney in California, reports Bakersfield Now.
Ben Greene, who was a father of nine children and married at the time of his death, was one of close to 200 participants in a 5K race at Hart Park last year, on a day with temperatures of 110 degrees. He collapsed during the event and later died at an area hospital. The claim has been brought by Greene’s family against the Bakersfield Track Club, who held the event.
According to the complaint from the family, the organizers of the race ignored the heat warnings for that day and did not have medical safety precautions in place for those taking part in the race.
The coroner’s report for Greene lists his death as accidental due to heart disease, with contributing factors of phentermine – a controlled substance used for weight loss – and methamphetamine intoxication. However, the legal representation for the family strongly denies that he was using any sort of illegal drugs, noting that legitimate medications can mirror methamphetamine in toxicology tests.
Dawn Ratliff, the division chief of the coroner’s office, was asked by local news outlets if there could be another reason for the appearance of methamphetamine in the late attorney’s system. She stood by the officer’s initial conclusion, saying that this was the cause of death and the findings of the toxicology tests.
According to the Track Club, Greene was receiving treatment within two minutes of his collapse at the race. A firefighter EMT who was off-duty and volunteering his time there began CPR on Greene and continued doing so until more help arrived. The fire department arrived at the scene in around eight minutes and an ambulance was there within 12 minutes, but both sets of responders had trouble locating the exact site of the emergency inside the large and sprawling park.
In the legal complaint filed by Greene’s family, they fault the club for not having medical transportation at the race site in the first place and for the lack of a portable defibrillator. Runners involved in this event did have to sign waivers prior to taking part, and these waivers free the club from liability except in the event of their gross negligence. Legal opinions from observers, which were obtained by local news agencies, say convincing a jury that gross negligence occurred may be a challenge because of the race’s history of being conducted in intense heat.
The family, which is being represented by a local law firm, is seeking compensation for medical expenses, loss of earnings, funeral and burial costs, and other damages.
The actions or negligence of another person or entity can result in the devastating loss of a loved one. If you have lost someone you cared about because of the actions or inaction of another person or entity, speak to an attorney, like a wrongful death lawyer Denver, CO relies on, about your case. Since wrongful death claims usually can only be brought forward within a set number of years of a person’s death, don’t hesitate to seek legal advice.
Thanks to our friends and contributors from The Law Office of Richard Banta, P.C. for their insight into wrongful death cases.
The aftermath of an accident can be undeniably stressful. In fact, many people who have been injured or have lost loved ones as a result of accidents ultimately choose not to file personal injury suits related to those accidents because they are just too overwhelmed by stress to take on the realities of filing a lawsuit. However, it is important to understand that the potential financial compensations associated with personal injury lawsuits can help families avoid unnecessary stresses in the future. When wages have been lost or medical bills are mounting, damages awarded in personal injury suits can aid families in avoiding potentially catastrophic financial hardships moving forward.
The first kind of potential damages awarded in personal injury case are relatively objective economic damages. Economic damages are fairly straightforward, as they relate to either bills incurred or income lost as a result of the defendant’s harm. At their most basic, economic damages relate to financial loss resulting from the plaintiff’s injury or loss of life.
One of the most common kinds of economic damages awarded is compensation for medical bills. Past, current and future medical expenses resulting from the defendant’s harm may be awarded in these cases. As the majority of personal bankruptcy cases filed in the U.S. result from overwhelming medical expenses, this form of non-economic damages is particularly significant.
Another common economic award involves income lost as a result of the plaintiff’s situation. Past, current and future income lost may be awarded, depending on the nature of the case.
It is worth noting that both economic and non-economic damages may be sought in cases involving wrongful death. The spouse, children or estate of a person whose life has been lost due to another’s negligence may be eligible to file such a lawsuit.
Unlike economic damages, non-economic damages are relatively subjective and are not tied to specific financial loss. Instead, these damages help to reflect the losses suffered by the plaintiff and potentially by the plaintiff’s loved ones as a result of the defendant’s harm. Damages related to pain and suffering, loss of consortium and some kinds of emotional distress are examples of non-economic damages.
In addition, some states allow punitive damages to be awarded in personal injury cases. These damages are not tied to specific financial loss. Rather, they are intended to punish the defendant for negligent, reckless or intentional behavior and deter both that defendant and other entities from behaving in similar ways moving forward.
If you or a loved one has been injured as a result of another’s negligence, you may benefit from exploring a personal injury claim. Speaking with an attorney about your legal options does not obligate you to move forward with a suit. But explaining your situation to an experienced personal injury lawyer Deer Park, TX trusts will allow you to make an informed decision. Feeling overwhelmed in the wake of an accident is completely understandable. But please do not allow your current challenges to keep you from exploring options that may reduce your stress levels significantly in the future.
Thank you to our friends and contributors John K. Zaid & Associates for their insight into personal injury and damages.
When it comes to truck accidents, even the smallest collision can be deadly. If you’ve ever stood next to a semi-truck, you know just how big they are. Standing 13 feet high with an average weight of 80,000 lbs., the common sedan doesn’t stand a chance in a truck-auto accident. As a result, most collisions with semi-trucks result in fatalities.
What Causes Truck Accidents?
According to the Federal Motor Carrier Safety Administration (FMCSA)’s Large Truck Crash Causation Study, large truck accidents occur due to one of the following variables:
- Critical Event: an action or event makes a collision unavoidable
- Critical Reason: driver error, vehicle failure, or an environment condition caused the accident
- Associated Factors: the persons, vehicles, and environmental conditions present at the time of the crash (brake problems, traffic flow, road problems, speed, etc.)
Critical Reason Accidents
The FMCSA found that 87% of large truck accident critical reason accidents are caused by driver error. The types of errors are broken down into four categories:
- Non-Performance: this error occurs when the driver becomes physically impaired due to seizure, heart attack, falling asleep, etc.
- Recognition: similar to distracted driving, the driver was either inattentive, distracted, or failed to adequately observe a situation
- Decision: the driver makes a poor decision, such as driving too fast, misjudging distance, etc.
- Performance: the driver panics, overcompensates, or exercises poor directional control.
Many of the above errors can be attributed to driver experience and/or fatigue.
Commercial Truck Driver Education
Most states required drivers to obtain a commercial driver’s license and undergo specific training, but it can still take some time to acquire the knowledge, experience, skills, and even physical ability to drive a commercial truck.
Driver fatigue is the result of physical or mental exertion and can severely impair a person’s ability to safely operate a vehicle. In an effort to combat driver fatigue, there are regulations on both the state and federal levels. Large truck drivers are permitted to drive a maximum of 11 consecutive hours, provided they take the next 10 consecutive hours off. Truck drivers are required to log their time driving, their time on duty but not driving (loading or unloading the truck), and their time off duty. The trucking companies are also responsible for making sure their drivers are following these rules, but it can be difficult to know when a driver has omitted certain information from their logs, therefore making it difficult to know if a driver has violated the regulations.
HIRE AN ATTORNEY
If you’ve been injured in a trucking accident, you might be entitled to carry out legal action against the driver or truck company. Find a lawyer, like a truck accident lawyer Phoenix, AZ trusts, with extensive experience securing the maximum fair compensation in auto accident cases. Contact the law a skilled lawyer today.
Thank to our friends and contributors from Kamper Estrada LLP for their insight into truck accident cases.