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Who is Liable in a Commercial Truck Accident?

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.

Delivery Drivers And Work Injuries

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, 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.  

Disclaimer:  This article is for informational purposes only and is not legal advice.

 

What is Admissible Evidence?

 

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:

 

 

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:

 

 

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.

 

Family Files Wrongful Death Claim Over CA Attorney’s Race Collapse

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, pc for their insight into wrongful death cases.

Kinds of Damages in Personal Injury Suits

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.

Economic Damages

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.

Non-Economic Damages

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.

Next Steps

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 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.

 

 

Are Most Truck Accidents Caused by Driver Error?

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:

  1. Critical Event: an action or event makes a collision unavoidable
  2. Critical Reason: driver error, vehicle failure, or an environment condition caused the accident
  3. 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:

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

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 trusts, with extensive experience securing the maximum fair compensation in auto accident cases.  Contact the law a skilled lawyer today.

 

Common Terms and Abbreviations To Know

If you’ve never filed a workers compensation claim before — and especially if you’ve never been involved in any kind of lawsuit before — you might be confused by some of the terminology used. The following terms and abbreviations below are just some of the most common phrases used in workers compensation claims. If you have questions about any of the definitions below, or if you need more information about any related topics, be sure to contact a local workers compensation lawyer Milwaukee, WI trusts for legal counsel.

Average weekly income: When an insurance company provides workers compensation benefits for lost wages or for disability compensation, they usually determine the amount of money paid out by looking at the individual’s average weekly earnings. Insurers typically offer no more than 66.6% of the individual’s average weekly income.

First report of injury (FROI): After an employee is injured, they must report the incident to their employer, who then files a first report of injury with the state’s workers compensation board. This is often considered the “beginning” of the claims process.

Independent medical exam (IME): This examination is usually required by the insurance company after a worker files for workers comp benefits, and the purpose is to assess the individual’s injuries. It’s common for the insurer to choose which doctor or healthcare organization will perform the IME. The individual can seek care from another doctor of their choosing, but the insurer will likely provide or deny benefits based on the results of the IME.

Managed care organization: Many larger businesses are allowed to work with managed care organizations to coordinate medical care if/when an employee is injured on the job. An injured employee may be required to seek medical care through this organization in order to receive workers compensation benefits.

Permanent partial disability (PPD): PPD is when an individual is permanently injured but is still able to work in some way. If the individual suffers wage loss because they can only perform tasks in lower-paying jobs, workers comp may provide compensation.

Permanent total disability (PTD): With PTD, the individual is permanently injured and will likely never be able to work again.

Pre-existing condition: Workers comp isn’t just intended for individuals with brand new injuries. If an individual with a pre-existing condition is injured, and if this injury directly worsens the condition, they may be able to claim compensation.

Statute of limitations: This is a legal term that appears often in discussions about personal injuries. It refers to the amount of time that can pass between an accident (or the discovery date of the injury/illness) and when that person files a claim for compensation. In workers comp cases, there may also be a statute of limitations dictating how much time can pass if an individual’s claim is denied and they wish to file an appeal.

Temporary partial disability (TPD): TPD refers to an injury that will eventually heal, and while it is healing, the individual can perform some job duties.

Temporary total disability (TTD): With a temporary total disability, the individual cannot return to work for some time, but will eventually fully recover and be able to work again.

 


 

Thank you to our friends and contributors at Hickey & Turim for their insight into workers compensation terms.

Motorcycle Accidents and Claims

The consequences of a driver’s negligence in causing a motorcycle crash and resulting injuries can be quite serious, or catastrophic. Economic losses, for past and future medical bills, and lost income past and future, may be quite extensive. The adverse effects of the injuries can be life altering. Negligence may include:

Motorcyclists are often at increased danger when vehicles turn left at intersections. The left turning vehicle has the responsibility to yield to vehicles approaching from the opposite direction, which are within the intersection or so close that there may be an immediately hazard. Too often the left hand turn is a common cause of motorcycle crashes, motorists may not see a motorcyclist, or in sufficient time to avoid a collision. Early involvement by a personal injury attorney is important, the attorney may be able to locate witnesses and consult with an accident reconstructionist.

Catastrophic injuries caused by another’s negligence in a motorcycle crash require representation by an experienced attorney, who can investigate and evaluate the fault of the adverse party and get appropriate experts involved to assess and project future medical expenses and lost income. The attorney will obtain the medical records, get reports from physicians to address permanency of the injuries, or work disability. A life care planner and an economist may need to be hired to address future medical needs, expenses and lost income.

Another reason to consider hiring an attorney in a motorcycle crash involves the issue of motorcycle helmets. The issue of requiring motorcycle helmets varies from state to state. Some argue that laws requiring helmets save lives, reduce head injuries, and medical costs. Further, helmet advocates state that helmets do not reduce visibility or impair hearing. They also argue that helmet laws don’t restrict people’s freedom any more than other accepted public safety laws, like prohibitions covering drunk driving or using cell phones while driving.

If an operator or passenger is injured, and not wearing a helmet, in an Arizona personal injury case, a jury may be allowed to consider whether, the nonuse of the helmet should reduce the amount of damages that the injured motorcyclist may receive.

The defense would have to prove that use of a helmet would have prevented specific injuries, if so the injured person’s damages that are awarded may be reduced.

Settling a personal injury claim too soon, or without representation can be a huge mistake. If you are involved in a motorcycle crash, a motorcycle accident lawyer Phoenix, AZ relies on should be consulted without delay.

Thanks to our friends and contributors from The Law Offices of Paul Englander for their insight into motorcycle accidents and claims.

Bedsores are the result of neglect

Many of the families we represent are for injuries called bedsores. Bedsores are also known as pressure ulcers, pressure injuries, and decubitus ulcers. It is important to know that pressure ulcers do not “just happen.”  They are, in the overwhelming majority of cases, a result of neglect, as a nursing home lawyer Trenton, NJ trusts can explain.  In fact, Medicare makes nursing homes report pressure ulcers because they are quality of care indicators.  Also, if a person in a hospital gets a severe wound, Medicare won’t pay for the treatment because the evidence shows that severe wounds should not happen at a hospital if proper care is given.

Understanding how these wounds are prevented and treated are essential to be a good advocate for your resident. The strategies to prevent the development and worsening of pressure ulcers are simple and straightforward. It is not complex medicine that’s going to prevent a pressure injury from occurring, it is simply basic nursing.

What is a bedsore?

A bedsore is formed when a person is simply not kept clean and dry or urine and feces and not moved frequently enough.

When a person is not moved enough the pressure between the bone and the surface they are lying on puts pressure on the skin in between. This pressure prevents blood flow to that area. Blood carries oxygen, and if oxygen cannot get to the skin than the skin begins to die.  When the skin is not kept clean and dry of urine or feces, these substances irritate the skin and cause blistering, which can be the beginning of the skin damage.

Bedsores typically form on parts of the body where there is increased stress on the skin when a person is seated for a long period of time or lying in bed most of the time. These are areas you would think would be a problem.  For example when a person is lying down most of the time, the buttocks, heels, and small of the back are the areas most likely to develop a bedsore.

How serious is a bedsore?

The seriousness of a bedsore can be minor, if it’s just redness or a rash, to very serious if it is a wound that exposes the bone. It’s important to know how medical professionals discuss bedsores to understand what is going on with your resident.

Bedsores are staged based on severity, like cancer. The stages of a bedsore are stage I (1) through IV (4). Stage I bedsore is the most minor and should heal easily. A stage IV bedsore, however, is very painful, will complicate rehab, and typically is an area that easily infected, which can lead to death. Below is a brief description of the 4 stages of a pressure officer.

Stage I – this is a simple redness to the skin doesn’t go away when pressure is relieved. It may look almost like a rash. Staff at hospitals and nursing homes are trained to look for redness on areas where pressure ulcers typically develop. To be clear, it is easy to stop this wound from developing if it is at stage I. Simply keeping the person off that area will be enough that the wound should heal in a day or so.

Stage II – a stage II pressure ulcer should also be something that is relatively easy to heal. This is where there is a blistering but it is confined only to the topical skin. Many times a stage II wound is formed when a person is not kept clean of urine and feces. Much like a stage I ulcer, a stage II ulcer should be fairly easy to heal if caught at this point. Simply keeping a person clean and dry and relieving the pressure off that area should be enough to heal a stage II pressure ulcer in a matter of days.

Stage III – a stage III pressure ulcer is much more serious. When you have a stage III pressure ulcer the wound has gone through the skin and damaged the tissue below. This can be a serious problem because infections can now occur in this open area. Stage III ulcers are painful. Stage III ulcers complicate rehab. Stage III ulcers also take a lot of resources from the body to heal making someone more susceptible to infection. If a person has a stage III wound a facility has got to address that wound with new tools. A stage III wound can take a long time to heal, so the sooner it is identified and treated the better.

Stage IV – a stage IV bone is the most serious of all pressure ulcers. It is where the wound is gone through the tissue below the skin and in many cases all the way down to the bone. Stage IV wounds are a very serious condition. Stage IV wounds will take a long time to heal. A stage IV wound is very painful. A stage IV wound is often the place where an infection starts, especially if it’s on the buttocks or in the small of the back because feces will oftentimes get into the wound. Stage IV wounds will typically require surgical treatments.

How do I prevent a wound from forming?

The care and treatment required to prevent a wound from forming are very simple and basic nursing. The best way to prevent a pressure injury is to just alleviate pressure. The maximum time a person should be in one position is 2 hours. This means that at a minimum people should be moved in a bed every 2 hours. In a wheelchair they should be moved even more, because the pressure on the buttocks and small the back is greater. If a person is sitting in a wheelchair which should be shifted once an hour. Moving a person in a better wheelchair does not mean completely moving them to a totally new position. It simply means to shifting the way from one part of the body to another part of the body. It is not difficult to accomplish.

It is also important to keep the skin clean and dry of urine and feces. Urine and feces can burn the skin. These skin burns can lead to more significant pressure injuries.

So the basic nursing tasks of keeping people clean and dry and being sure there turned and repositioned appropriately are the 2 most important ways in order to prevent a pressure injury from forming.

The proper nutrition is also very important to prevent or treat a wound, protein in particular. When a person is at risk of developing a wound or suffering from a wound, it is important to be certain that they are getting ample protein. Protein is the substance that the body uses as building blocks. If there is a wound, the body will attempt to heal the wound with protein. If a person is not getting enough protein through their normal diet they can also receive protein supplements.

Keeping a person clean and dry, being sure there turned and repositioned every 2 hours in a bed and every one hour in a wheelchair, and being certain that they are receiving good nutrition, are the best ways to prevent or treat a pressure ulcer. Thanks to our friends and contributors from Davis & Brusca, LLC for their insight into bedsores and nursing home negligence.

The Value Of Your Personal Injury Claim

The personal injury lawyers represent accident victims who were injured due to someone else’s negligence or carelessness. Personal injury law encompasses a wide array of different claims such as car accidents, slip and fall injuries, medical malpractice, mass torts and defective products. The value of your personal injury claim will depend on the unique circumstances of your claim.

The most common question clients ask us is “what is my personal injury claim worth?” Even with the benefit of years of experience handling solely personal injury cases, this is often a very difficult question to answer. And usually, not something we can answer at an initial client meeting. The reason for this is the value of your claim will depend on a multitude of factors. Some of these factors will not be discovered until weeks or months into your claim. A list of some of the most significant factors that influence the value of a personal injury claim are provided below:

 

 

Disclaimer: This webpage is for informational purposes only and is not legal advice.