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FAQ: Understanding Comparative and Contributory Negligence

When attempting to obtain a settlement from an insurance company following a car accident, you are likely to be worried about a number of things. Perhaps one of the biggest worries car accident victims must sit with is whether the insurance company will be successful in placing at least part of the blame on you. This can be incredibly disheartening, especially if the accident has resulted in significant suffering. Understanding comparative negligence and how such situations may be viewed by insurance companies, can be beneficial when pursuing a car accident claim. Fortunately, a  car accident lawyer  residents trust can be beneficial in advocating for you to secure the compensation you deserve.

What is comparative negligence?

Comparative negligence can make for a strong defense case against the driver who has hit you. Sometimes, when a victim attempts to obtain a settlement through the insurance company or in the form of a lawsuit, the professional representing the defendant may attempt to assign fault to the claimant. It’s important to retain an attorney if you have been in a car accident and there is belief that you have contributed to its cause in some way. In most states, if the claimant is found to be 50% or more at fault for the accident, they may not be entitled to compensation.  

Is there a difference between comparative and contributory negligence?

Yes. Comparative negligence is a newer approach adopted by the legal system.Comparative negligence allows for a claimant to obtain a portion of the settlement they are negotiating. For example, if a person is found to be 20% to blame for the accident, the defendant is only responsible for 80% of the damages they are looking to collect. In cases of contributory negligence, if a person attempts to obtain compensation and found to be at all responsible, they will not be able to collect even a portion of the settlement they have requested. It’s important to note that contributory negligence is an older way of approaching such situations. In most states, courts have moved away from contributory negligence and are more likely to practice the less harsher, comparative negligence.  

Can comparative negligence impact my settlement or award?

If the defendant is able to prove that you were in part responsible for the accident, your award may be impacted. Throughout the country there are variations to the percentage in which you can be found at fault for your role in the accident. In a number of states, if you are at fault for 50% or more of the accident, you may not to be able to obtain compensation. If you are unsure of whether or not you contributed to the accident, having an attorney review your case will be vital.

It can be frustrating to attempt to collect compensation for the injury you have suffered in a car accident. This is especially true if as a result of your insurance claim, the adjuster believes you are in part responsible. Unfortunately for you, it is the job of an insurance adjuster to ensure that the payout you obtain is as small as possible. However, an attorney’s services may be a necessary way or securing the settlement you may be entitled to.  

Rest Stops Are Necessary for Truck Drivers

Truck drivers have a unique job, as they must carry thousands of pounds of products or liquids from one station to another as safely as possible. Not only must they haul these items, but arrive at their delivery destination by a certain time. With the added pressure of meeting these time obligations, truck drivers may not take all the breaks they need in order to take proper care of themselves. Taking stops to rest can be crucial for a truck driver, in order to help lessen the chances of causing a terrible accident.

The average commercial truck can weigh ten thousand pounds, up to eighty thousand pounds. The standard passenger car weighs much, much less at a whopping three to five thousand pounds. It can be easy to imagine that if a crash were to occur between these two vehicles, tragedy may fall upon the car driver for being significantly smaller in size.

Why is rest so important for truck drivers?
Truck drivers need adequate sleep in order to be fully alert to surroundings when on the road. If a truck driver were to become sleep-deprived, he or she can be greatly at-risk for falling asleep behind the wheel. There is another condition called microsleep, where a person can actually have their eyes open and enter into a fraction of a second, up to thirty seconds long of sleep. This can be scary for other car drivers sharing the road to imagine, as a truck weighing almost twenty five times more than them can cause substantial pain and damages if control was lost.

What are signs that a truck driver may fall asleep behind the wheel?
While mild tiredness may not be what leads to a horrible accident, lacking necessary sleep certainly can. Functions become impaired when the body has not received rest and quality meals. Blood sugar can drop and attention can waver, thus leading to a truck driver crashing into either a building, side of the road, or an innocent car driver. Signs that a truck driver may fall asleep behind the wheel can include:

What can I do if I was hit by a truck driver because they were sleep-deprived?
If in the event you or someone you love was struck by a sleepy truck driver, medical attention should be sought immediately. Accidents between a passenger car and a commercial truck should be taken seriously, as injuries can become critical very quickly. Once you have received the medical care you need and have followed up with your doctor, you can consider making an appointment with an attorney about what happened. Depending on the details surrounding the accident, you may be entitled to receiving compensation for the crash. This compensation can help you pay off your medical costs, vehicle damages, replenish loss of pay from missing work, and more. You may want to find a semi truck accident law firm  trusts who can talk with you further about how to go about seeking justice.

The Most Common Motorcycle Fatalities

 

 

There’s nothing like feeling the wind and fresh air against your face as you careen through the countryside. There are a multitude of reasons people who ride motorcycles enjoy them so much. The fun of a motorcycle and the feeling of freedom is unlike any other mode of transportation. Unfortunately, there are a variety of reasons that a motorcyclist can be endangered, especially if they are in a collision with another vehicle. Collisions involving motorcyclists can very quickly up the ante. As a motorcyclist, it’s vital to protect yourself on the road as much as possible. It’s important to note that despite this, no matter the precautions you take, there is still the risk that you may be hit by a negligent driver. The results can be damaging. Contacting an attorney to guide you through the appropriate next steps will be an important part to any motorcycle accident.

 

Reasons Motorcycle Accidents Are More Severe

Ensuring that you are safely enjoying your motorcycle can make all the difference. Risky behavior can yield damaging outcomes. According to research conducted by the NHTSA, 80% of all motorcycle accidents result in severe injury or fatalities. There are a number of reasons a collision with a motorcycle may be far more severe, for example:

 

 

Despite the risks, many people still choose to ride a motorcycle. Before doing so, make sure that you have educated yourself on the proper safety measures to take when out on the road. If you find that you have been in an accident at the hands of someone else, contact an attorney for their services.

 

Calling an Attorney

Contacting a motorcycle attorney in the early days following your accident may prove beneficial. The sooner you take action, the better chance you have of gathering everything that is needed to prove your case. An attorney’s services can provide you with not only legal experience but support and empathy that extends far beyond the courtroom. The following are reasons an attorney can be an intricate part to your motorcycle accident:

 

 

The services of an attorney comes with some expense. However, you are far better off in obtaining the compensation for your accident with an attorney to represent you than if you were to manage this stressful time on your own.

 

Riding on a motorcycle can be an incredible experience. For motorcycle enthusiasts, there is nothing like the freedom of the open road. This type of activity can come with some level of risk. Unfortunately, motorcyclists are more susceptible of falling victim to collisions with other vehicles. If you have been in an accident and believe that the other driver may be held responsible, speak with a motorcycle accident lawyer about the proper steps to take.

 

The Causes & Injuries of a Motorcycle Accident

One of the scariest moments a motorcyclist may encounter is that sharp pang of fear when a car is headed their direction in a reckless manner. Motorcyclists are exceptionally vulnerable due to having no protective outer shell to act as a barrier like cars do. If a rider is involved in collision due to a passenger vehicle, it most often leads to awfully painful injuries. If you have recently suffered such an accident, you can count on a motorcycle accident lawyer residents trust.

There are many ways a car and motorcycle collision may happen. Attorneys have gone into further detail below about how these terrible accidents can occur, recommended defensive riding tips, common injuries and how an attorney can be of assistance during this time.

Causes of Car vs. Motorcycle Accidents

If a vehicle driver is being negligent while behind the wheel, it can seriously put a nearby motorcyclist at risk. A car driver may act carelessly by committing any of the following unsafe actions:  

Common Motorcyclist Injuries

It is not uncommon for a motorcyclist to suffer a range of severe and agonizing injuries. It can be rare for a rider to walk away unscathed. The range of conditions a motorcyclist may suffer from can include the following:

Practicing Defensive Driving

Every person who gets behind the wheel of a vehicle is responsible for being safe. Unfortunately, not every driver upholds this sense of duty and may drive with an obvious disregard to others. One of the best things a motorcyclist can do is practice defensive and safe riding strategies, which can consist of these tips:

  1. Be extra cautious when proceeding through intersections
  2. Utilize hand signals when necessary
  3. Make eye contact with other drivers
  4. Wear brightly colored gear
  5. Do not pass between vehicles
  6. Ride in the farthest left lane while on multi-lane roadways
  7. Do not assume a car will yield to your right of way
  8. Keep an eye out for distracted drivers who may not see you
  9. Move out of the way of swerving or speeding vehicles
  10. Do not share a single lane with another motorcyclist side by side

The attorney you choose to hire should be committed to helping injured people seek retribution for their injuries. They should offer a free consultation for all new clients. Do not spend another day in pain having to pay for your own medical treatments. Find an attorney who can help you seek financial compensation from the driver at-fault.

Personal Injury – Birth Injury

The birth of a child is the most joyous event most parents will ever experience. While this is traditionally a very auspicious occasion, for some happy parents, their joy is marred by physical injury or deformity directly related to the birthing process. More than four million children are born each year in the U.S. For some, serious developmental issues or even death may result. A birth injury is defined as any damage or injury to the infant’s body occurring before, during, or slightly after the child’s birth. Birth injuries vary from minor, easily resolved issues to issues so severe the infant does not survive. Complications of pregnancy or labor such as prolonged labor, where the baby is unusually small or large or when the baby is in a difficult position during labor and delivery, can bring about difficulties for a newborn.

A birth injury is a devastating event that can leave parents with anguish, financial hardship and vexing questions. How did this happen? Could it have been prevented. While some birth injuries are the result of unforeseeable complications beyond anyone’s control, many are the direct result of negligence on the part of doctors, nurses and other medical professionals charged with caring for mother and child prior to during and after childbirth. Some of the most common types of birth injuries include:

Despite all of the necessary care being taken to ensure that all births go on without a hitch, there are instances for one reason or another that does not make this so.  It is the desire of every parent to have a healthy baby, however, accidents and malpractice does happen. If you or someone you know has been the victim of circumstances similar to the ones previously mentioned, please contact an attorney, like a personal injury lawyer Atlanta GA can trust, to better understand your rights and the rights of your child.  

 

 

Thanks to contributor Andrew R. Lynch, P.C. for their insight into birth related injury cases.

Should I seek out a medical malpractice lawyer if I have suffered from a medication error?

When your doctor, pharmacist, nurse anesthetist, or other medical staff member gives you a medication that harms you rather than helps you, a medical malpractice attorney should be consulted.

Medication is prescribed to treat or prevent an illness or disease. When a patient is given the wrong medication or dosage, the damages can be devastating. Serious injuries, permanent disability, and death have been caused by a medication error, especially when a painkiller, anticoagulant, antidepressant, sedative, or antibiotic is involved.

Passionate medical malpractice lawyers near you should be dedicated to helping clients get through what might be a very dark period in their life. They should understand that you might feel scared, confused, and upset. You might have a lot of unanswered questions while also being pressurized by the insurance company to settle as fast as possible, and without a lawyer. You do not have to go through this alone.If you or a loved one has suffered harm because of an alleged medication error, let a medical malpractice law firm help you to be your guide and legal advocate for a medical malpractice claim.

 

Common Medication Errors

The opportunities for an error to occur during prescribing, formulating, dispensing, or administering a medication can be vast. For example a doctor distracted with other thoughts might prescribe a medication that interacts badly with another medication being taken by the patient. A nurse anesthetist might administer too much or too little anesthesia to a patient causing pain, cardiac arrest, or death. As a medical malpractice lawyer, we have handled cases that involve:

 

Stevens – Johnson Syndrome

Stevens – Johnson Syndrome is a very serious medication induced rare skin disorder that causes the dermal and epidermal layers of the skin to separate and blister. SJS also affects the mucous membranes and causes internal blistering. It is thought that SJS is a very severe reaction to medications including those for gout, pain relievers, sulfa antibiotics, seizure medications, and more. In certain circumstances, you may be able to pursue a medical malpractice claim after be affected by SJS.

 

When You Are a Victim of a Medication Mistake

A medication error can cause pain, suffering, disability, and death. Financial losses, mental trauma, emotional stress, and loss of consortium might also be a factor in these types of ases. If you suffered harm because a of a medication error, you should consult a medical malpractice lawyer as soon as possible.

 

Medical Malpractice Victims Should Come First

For decades, skilled medical malpractice law firms have been advocating for victims and their families after being injured by a medication error. Although they cannot turn back time, they remain committed to delivering results that can help to make a difference in our client’s life. If you would like to learn more about a firm and their legal services, call a medical malpractice lawyer today.

Six Contributing Factors of Fatal Rear-End Crashes

An experienced attorney, like the skilled Auto Accident Lawyers Indianapolis, IN trust, devote a good deal of their practice to representing victims injured in rear-end collisions. According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for approximately one-third of all collisions.

In a study conducted by the National Highway Traffic Safety Administration (NHTSA), the factors contributing to fatal rear-end crashes in light vehicles and motorcycles were analyzed. Here are some of their findings:

  1.     In 27 of the 38 cases reviewed, the speed of the striking vehicle was the primary factor contributing to the fatalities.
  2.     The highest secondary factor contributing to 18 (48%) of 38 fatalities was the size of the striking vehicle in relationship to the lead vehicle; thirteen or 37% of the cases involved truck-trailer underride.
  3.     The highest secondary event contributing to the fatalities was the involvement of multiple vehicles in 4 of the cases; followed by the third highest event of post-crash fire in 3 of the cases studied.
  4.     In fourteen of the thirty-eight cases reviewed (37%), alcohol was a significant factor.
  5.     Improper restraint was responsible for the fatalities in 11.4% of the cases studied with the size of the lead vehicle (similar size or smaller than) relative to the striking vehicle
  6.     A medical condition accounted for one occupant’s death or .03%.

Based upon the data assessment, NHTSA concluded deployment of collision warning systems in future vehicles would save lives. Since this report was published, both front and rear warning systems are becoming standard equipment in all newer vehicles making our roads a much safer place to be.

Hire a Dedicated Car Accident Attorney

When you hire a car accident attorney who limits their legal practice to the recovery of compensation for injured clients, your claim may be worth much more than you realize. I am always taken aback when I hear from injured people who thought they could maximize their compensation by negotiating and settling their own injury claims. When matters become complex and start to go awry, people seek the counsel of competent legal representation.

An experienced car accident attorney has made injury law their life-study by staying current on local, state and federal legislation and regulations that may affect the financial recovery of their injured clients. A dedicated personal injury attorney studies current Court of Appeals and Supreme Court opinions to fully grasp the issues and evaluate the merits of each and every potential client’s claim. All cases differ by the facts. And unless you can put your trust into the hands of a skilled accident attorney, what you don’t know about the law and civil procedure may negatively affect your case.

Thanks to our friends and contributors from Ward & Ward Law Firm for their insight into car accident cases.

 

Personal Injury In An Uber Accident

An experienced uber accident lawyer can help you determine your rights if you’re injured in an Uber or Lyft accident.

Uber and Lyft accidents are occurring more and more frequently as rideshare technology becomes increasingly popular. However, the laws regarding Uber and Lyft accident is relatively new and still evolving. For this reason, you will want to speak with a personal injury lawyer who regularly handles Lyft and Uber accidents and is up do date on the applicable law. 

Rideshare companies including Lyft and Uber are required to carry certain minimum levels of insurance. This insurance may help pay for medical bills, pain and suffering, as well as other economic and noneconomic damages that occur in an accident. An experienced lawyer can help you determine what coverages are available to you if you are injured in a crash.

What should I do if I’m involved in an Uber or Lyft Accident?

If you are hurt in an accident, try to get as much information as possible. This includes your uber drivers name, insurance information and make and model of the car. In addition, try to get the other driver’s contact and insurance informant. Take photographs of the accident scene. If police come, ask for the police report DC #. If there are witnesses, request their name, address, telephone and email address. This may be important information in the event you need to litigate a claim.

At your earliest opportunity consult with an attorney. Experienced personal injury lawyers can help guide you through the claims process and make sure you don’t succumb to pitfalls along the way.

Go to the hospital if you believe you need medical treatment. Do not avoid medical treatment for fear that you will be stuck with an expensive ambulance or emergency bill. Automobile insurance policies provide PIP coverage which is meant to protect you and pay for emergency treatment after an accident.

Your ride-share app may request that you report the accident to Uber or Lyft. It is recommend that you hold off reporting accident details until after you consult with an attorney. The insurance companies for Lyft and Uber, similar to other auto insurance companies, want to minimize the amount of money paid out in the event of the accident. They will try to trick you into making statements against your interest while you are in shock after an accident. Therefore, it is recommended that you consult with an attorney after a crash who can represent your interests when providing a statement or information to an insurance company.

 

Disclaimer: This article is for informational purposes only and is not legal advice. It may not be up to date or contain errors.

Family Suing American Airlines After New Bride’s Tragic Death

Nurse.org is reporting that the survivors of 25-year-old nurse Brittany Oswell have begun a wrongful death claim against American Airlines in connection with her April 15, 2016 death while on a plane.

On the date in question, the young nurse became ill while flying on an American Airlines flight from Hawaii to South Carolina. She was returning from her honeymoon with her new husband, Cory. According to the lawsuit filed, Oswell became disoriented and dizzy on the trip, fainting while the plane was midair. A doctor on the plane examined her and believed she was having a panic attack at the time.

Around one to three hours after the assessment by the doctor, her husband found her on the floor in the plane bathroom, where she had vomited. The doctor tried to take her blood pressure, and she briefly regained consciousness while he was doing so. When the plane neared Albuquerque, New Mexico, the doctor asked the crew to land at the nearest airport possible, and he reportedly made this request three times. Allegedly, the pilot spoke to another doctor and decided the plane would not be diverted. Instead, it flew for another hour and a half to the airport at Dallas-Forth Worth, Texas, its original destination.

Shortly after the plane resumed its trip, Oswell became unconscious again. The doctor could not find a pulse and took emergency actions, including CPR, defibrillation and the administration of epinephrine. Court documents state the defibrillator failed to administer a shock and the young nurse never regained consciousness during this time. She was taken to Baylor Medical Center in Dallas, where she was pronounced brain dead and died three days later. According to reports, Oswell suffered a massive pulmonary embolism and her heart was unable to pump enough blood throughout her body.

In the wrongful death claim, her family alleges that American Airlines’ failure to divert the plane and make a landing as soon as possible resulted in Oswell not receiving proper care in a timely manner, which ultimately led to her death. It also cites the fact there was no properly functioning medical equipment on her flight.

Tina Starks, Oswell’s mother, says the family felt the matter was not taken seriously. She noted her daughter is no longer with her family, and it’s because a person made a business decision to keep a plane flying when Oswell needed emergency medical care the airline staff could not provide because of inadequacies on the plane itself.

American Airlines has since released a statement about the tragic incident, saying that their prayers and thoughts are with Oswell’s family at this time. The company also reiterated that passenger safety is something they take very seriously, and that the details of the complaint are being investigated.

When one party behaves negligently toward another party, losses, injury and even death can result. If you have lost a loved one due to the actions or inaction of another entity or person, speak to an experienced attorney, like personal injury lawyer, about your case.

 

Reckless Driving Charges in the Event of an Accident

If you were at fault in an accident and charged with reckless driving, you likely have a number of questions about what you can expect as your criminal case progresses. If someone was injured in the accident, you may also be facing a civil lawsuit, alleging personal injury. Reckless driving charges stemming from an accident and personal injury claims stemming from that same accident often go hand-in-hand. You are not alone in your situation; many people have faced these related legal problems. This article aims to give you some basic information that can help you navigate basic procedure in these cases. It is important to understand, however, that this article is not a substitute for legal advice. If you are facing criminal charges or a civil lawsuit, it is always in your best interest to consult with an experienced and competent attorney who can help you make the right decisions as your cases progress.

One of the first questions you may have is, how can I have two cases about the same accident? You may have heard about the concept of “double jeopardy,” and you may be confused about why you are being contacted by two attorneys about the same accident. The answer is that there are two main court systems in the United States: a criminal court and a civil court.

Criminal Court: Criminal court is where your reckless driving charges are pending. This court hears some traffic violations and other crimes, ranging from theft, to fraud, to murder. The burden of proof in these cases is higher, meaning that the opposing party has to have more proof to establish a case against you. Your opposing party is the government, led by a prosecuting attorney. If you lose your criminal case, you may pay a fine to the government, and you may also face jail time.

Civil Court: Civil court is where the personal injury case against you is pending. This court hears disputes between private entities: citizens, corporations, and other companies. The burden of proof is lower; your opposing party needs less proof to establish their case. The opposing party is the person injured in the accident or, sometimes, that person’s insurance company which paid money to the injured person under an insurance policy. If you lose a civil case, you will likely owe money to the plaintiff, but you will not face jail time.

“Double jeopardy,” or the idea that you can only face trial for the same event one time applies separately to each court. So, the government can only try a case against you for a specific crime one time. Likewise, a plaintiff in an civil personal injury case can only file one lawsuit against you about the same issue.

This may sound confusing and intimidating, and it can be. It is important that you manage the deadlines of your cases, make sure you show up for the hearings, and that you are respectful and helpful to your judges. It is also important that you take the time to talk to and hire an attorney that can help you with both your criminal and civil case. Do not delay in hiring a car accident lawyer Bronx NY residents can count on to relieve some burden from your shoulders and help you make the most effective case possible in both criminal and civil court.