Personal Injury

Truck Accidents

Posted by on Jun 14, 2017 in Personal Injury | 0 comments

Trucks, also called big rigs or 18-wheelers, definitely provide a major contribution in the U.S. economic growth. By delivering goods intact and on time, businesses are able to maintain operations, keeping the economy alive.

Getting a job done, however, can take a toll on a truck driver since most jobs normally require cross-county deliveries, which also usually means about 11 hours behind the wheel. Thus, many truck drivers suffer exhaustion and fatigue, making driving a totally risky task.

Various federal agencies work together in keeping U.S. roads and highways safe from accidents involving trucks. This is because besides the possible detrimental effects a truck accident can have on the business firm which contracted its service, the damage to property and injury to victim can definitely be major and severe, respectively. Some of these agencies are the National Highway Traffic Safety Administration’s (NHTSA), the Federal Highway Administration (FHWA), and the Federal Motor Carrier Safety Administration (FMCSA) the primary mission of which is to improve safety in the operations of commercial motor vehicles (CMV). The rules enforced by the CMV to attain this ‘safety’ mission, include:

  • requiring drivers to undergo a special training which will develop in them the special skills required in operating a truck safely, as well as pass a test prepared by the (FHWA) – these serve as the basic requirements in earning a commercial driver’s license;
  • enforcement of the maximum hours of service rule which will allow drivers to drive no more than 11 hours straight. This rule also mandates that drivers should be given 10 consecutive off-duty hours after their 14-hour duty;
  • requiring trucking firms to keep a record which will show regular schedule of truck check and maintenance;
  • requiring drivers to thoroughly check their truck’s brake shoes to make sure that these are in good condition; drivers also need to make sure that there are no air leaks in the brake chamber; and,
  • requiring truck parts manufacturers to produce only quality parts or parts that comply with minimum standards enforced by the government.

Negligence on the part of truckers in observing these mandates does not only mean violation of federal rules. The worst effect of ignoring what these rules require is a road tragedy that can cause severe injuries or the loss of lives.

An article posted at www.crowemulvey.com/practice-areas/personal-injury/, says that any automobile accident has the potential to cause devastating injuries, significant property damage, and lasting emotional trauma for anyone involved. However, when accidents occur between passenger vehicles and large commercial trucks, like 18-wheelers, the effects are likely to be significantly worse. The sheer size and weight of these vehicles almost guarantees that any collision between a truck and another vehicle is serious, and sadly, it is often the drivers and passengers of smaller vehicles who suffer the most in these accidents.

Like any motor vehicle accident, large truck accidents can occur for a variety of reasons, and as such, many accident victims are unsure who is ultimately responsible for the accident that caused them harm. Depending on the details of an accident caused by a large truck, it is possible for responsibility to rest with:

  • The truck driver
  • The trucking company that hired, trained, and employed the driver
  • The company responsible for maintaining the truck
  • An auto manufacturer / parts manufacturer

Personal injury lawyers know all too well how much innocent motorists can suffer because of accidents involving large trucks. Frequently, victims of these accidents are left suffering from ongoing pain and suffering, significant medical bills resulting from their treatment, and enduring emotional trauma. Fortunately, however, legal action can be taken against those responsible for causing these accidents, which may be able to help victims secure the financial compensation and closure they need.

 

 

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What to Do in Case of a Slip and Fall Accident

Posted by on Jul 6, 2016 in Personal Injury | 0 comments

What to Do in Case of a Slip and Fall Accident

Slip and fall is a very common type of accident in the U.S. that causes injuries to people, from simple bruises to fractured bones. Most of those who are most prone to slip and fall accidents are people aged 55 or older and the most common injuries they suffer are fractured hips or spinal cord injury. In some instances, some falls are bad enough, causing head or neck injuries which lead to death.

Records from the National Safety Council’s (NSC) Injury Facts reveal more than 8 million slip and fall accidents in the U.S. every year. One common thought about slip and fall accidents is that this accident is the fault of victims themselves – a result of their not being careful. On the contrary, slip and fall accidents can be the fault of property owners, like landlords, business owners or homeowners who have a responsibility to keep their premises safe at all times. As explained in the website of the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., there are far too many property owners who fail to maintain safety on their estate or warn guests of any dangers that may be present, resulting in unsuspecting visitors suffering serious and sometimes fatal injuries. Thus, when property owners fail to uphold their responsibilities and others suffer harm as a result, they should be held accountable for the effects of their negligence and carelessness.

Slip and fall accidents can can occur in shopping malls, parking lots, playgrounds, workplaces, hospitals, churches, restaurants, food courts, swimming pool areas, and so forth. Employees who suffer work-related slip and fall injuries can file a compensation claim with their state’s Worker’s Compensation office; however, if the accident occurs in a public or privately owned property, it may be possible for the injured person to file a lawsuit against the owner of the private property or against whoever has the responsibility in the maintenance of a public place.

Injured victims of slip and fall accidents should realize, however, that they must be able to prove that the property owner is the one at fault for their accident for them to be able to claim compensatory damages. It will prove totally useful, especially during a civil lawsuit, if the injured victim has a record of all important circumstances surrounding their accident, including its cause, like slippery tiles or flooring, wet or icy floor, narrow stairs, unnoticeable changes in flooring levels, torn carpeting, or cracked or broken flooring. Equally important are photos and medical proof of the injuries sustained and account of witness, if possible. Going to a highly-skilled personal injury lawyer or premises liability lawyer to seek legal assistance would be the next best move.

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Traumatic Brain Injuries

Posted by on Mar 29, 2016 in Personal Injury | 0 comments

Imagine if in the blink of an eye, you were completely dependent on another person. Returning to work would be a difficult journey. Your lack of wages coupled with expensive medical bills is burdening your family. This is the type of situation you could find yourself in after a traumatic brain injury.

According to the personal injury lawyers of Spiros Law, traumatic brain injury, commonly known as TBI, is caused by a sudden or serious impact to a person’s head.  Accidents occur and sometimes people make reckless mistakes, but many traumatic brain injuries occur at the hands of others. According to the Centers for Disease Control (CDC), there were 824 traumatic brain injuries resulting in eemergency room visits, hospitalization, and death. This type of injury has very extensive physical and financial consequences. If another party is at fault for your injuries, you should make sure that you receive the justice you deserve.

There are many forms of TBI, but the most frequently reported traumatic brain injuries are as follows:

  • Concussion: Most common type of TBI, translates from Latin as the “action of striking things together”
  • Memory loss: A side effect after a TBI occurs, usually results in symptoms of amnesia
  • Contusions: A region of injured tissue or skin within the brain where blood capillaries have been ruptured; a bruise on your brain
  • Hematoma: A solid swelling of clotted blood within the tissues of the brain

These severe injuries completely change day to day life for the victim. It affects their job and their loved ones. The issue extends far beyond the person who is actually affected by the injury. The victim might experience a complete to their lives as they know it, such as losing the ability to walk, losing control of their motor skills, being unable to feed and dress themselves, and other dramatic changes.

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Medical Malpractice: What Happens in Cases of Wrongful Death

Posted by on Apr 9, 2015 in Personal Injury | 0 comments

Patients come to medical professionals to receive the best treatment and care possible. They put their trust on the hands of doctors, nurses, and other hospital personnel know that they can return home feeling better than they arrived. Unfortunately, these expectations aren’t always met in reality.

In the U.S., reported cases of medical malpractice are on the rise. A lot of these cases have led to the wrongful death of patients. According to data from the Civil Justice Resource Group, an estimated 25,000 to 120,000 cases of medical malpractice will lead to patient’s death every year. Why do such tragic outcomes happen?

Wrongful death is caused by neglectful errors committed by doctors, nurses, and other medical professionals. It’s wrong to assume that such errors are due to malicious intent. Most of the time, wrongful death and other medical malpractice cases happen when hospitals and medical professionals fail to meet the high standards imposed in their field. According to the website of Crowe & Mulvey LLP, most cases of wrongful death stem from the following causes:

  • Failure to diagnose or delayed diagnosis
  • Mistakes in diagnosis
  • Lost or delayed test results
  • Errors in administering prescription medical
  • Errors made during surgery
  • Errors in administering anesthesia
  • Failure to provide proper post-surgical care

When patients seek out treatment, they expect to receive the best quality care that medical professionals can provide. As such, it’s important for the community to hold health care providers at a high standard. Instances of wrongful death and other cases of medical malpractice need to be brought to light. This is the only way that medical institutions and professionals are held accountable for their actions. If you’ve lost a loved one due to preventable medical errors, know that you have plenty of legal options to consider. Don’t hesitate to contact an experienced personal injury lawyer to learn more.

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Responsible Pet Ownership: Doing Your Part to Prevent Dog Bites

Posted by on Apr 5, 2015 in Personal Injury | 0 comments

Plenty of Americans identify as dog lovers and have opened their homes to man’s best friend. According to data from the American Veterinary Medical Association, out of over 43 million pet-owning households in the country, 36.5 percent are home to dogs. Among the most popular are Labrador Retrievers, German Shepherds, Golden Retrievers, Beagles, Yorkshire Terriers, Poodles, Bulldogs, and Boxers.

While dogs mostly have lovely dispositions, there are moments when their temperaments can be hard to read. You’ll never know when your dog might suddenly feel startled or threatened and start to attack. This is especially true for particular dog breeds, such as the more aggressive Pit Bulls and Rottweilers. Unfortunately, according to a special report by the Centers for Disease Control and Prevention, most dog bite victims are children who aren’t aware of how to perceive the dog’s reaction. As pet owners, we have the responsibility to make sure our beloved pets don’t pose a threat to those around us.

According to the website of the The Seegmiller Law Firm, most dog bites and animal attacks are preventable if pet owners remain aware of their responsibility and accountability. As such, dog owners should always show appropriate concern for the actions of their pet, working to make sure that unwanted accidents are prevented. Aside from appropriate restraints, your dog should receive proper training to help curb aggressive behavior.

Here are just a few suggestions from The American Society for the Prevention of Cruelty to Animals:

  • Start socializing your dog at an early age. One of the reasons dog bite and attack is because they feel scared or threatened. You can keep them assured by allowing them to become familiar with their surroundings. This will be harder to do with older dogs. Let your puppy socialize with people and other pets as soon as possible.
  • You can also take your dog to a reward-based training class. Through proper training, you can easily communicate appropriate behavior to your dog. Training classes can also provide a venue for meeting and socializing with other dogs.
  • Always supervise children when they play with dogs. Because dogs can be unpredictable and children are naturally curious, you’ll never know how a dog might react to interactions with a child. Dogs can easily be startled to some of the ways that they are held and handled by kids.
  • Have your dog spay or neutered as soon as possible. This helps curb territorial behaviors in dogs, which can be another source of aggression. If your puppy is healthy, you can have the minor operation done as early as eight weeks of age.

Dog bites can cause devastating complications to victims, particularly children. A Greenfield, Wisconsin personal injury attorney, will probably tell you that dog bites can lead to serious physical injuries such as scarring, broken bones, and disfigurement. Thankfully, pet owners can do their part to prevent such outcomes from occurring.

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Bouncing Back from a Workplace Injury

Posted by on Apr 1, 2015 in Employment, Personal Injury | 0 comments

Certain occupations are considered more risky than most. Those involved in industries such as construction work, transportation, mining, and manufacturing are constantly confronted by the possibility of accidents. These occupational hazards can lead to serious injuries that might leave a worker facing long-term effects. What options are available in cases of workplace injuries? How can workers bounce back from devastating outcomes that could very well affect their livelihood?

According to the U.S. Department of Labor, there were about 2.9 million cases of private industry injuries reported in 2013. Most of these injuries were caused by the following accidents common in workplaces across the country:

  • Slipping, tripping, or falling
  • Getting hit or struck by hazards such as objects, machines, or heavy equipment
  • Overexertion from carrying, lifting, pulling, or pushing heavy objects
  • Repetitive or rigid motion
  • Exposure to toxic substances
  • Road accidents, particularly for occupations that involve travel and driving

These accidents can be avoided if employers make it a priority to create a safe working environment. This is especially true for those in high-risk industries such as construction and transportation. As it says on the website of Robert Wilson & Associates, employers should always be prepared to support workers that have been injured while on the job. Considering the risks involved, these employees should be entitled to workers’ compensation coverage adequate enough to cover their needs.

If you have been injured in a hazardous workplace, do not hesitate to seek out the help you need. Pursuing workers’ compensation can be long and difficult, but appropriate legal counsel can help speed up the process. Find a qualified law professional in workers’ compensation to learn which options you have. With the help of an experienced lawyer, you can alleviate the damages and suffering you’ve experienced due to an accident in your workplace.

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