Distracted Driving Laws and Car Accidents: Consequences and Liability

Distracted driving is a leading cause of car accidents, often resulting in significant legal liability for those found at fault. Understanding the laws surrounding distracted driving and the potential outcomes of related car accidents is crucial for all drivers. This article delves into the consequences of distracted driving, the legal implications, and how consulting with a car accident attorney can help navigate these complex situations.

Understanding Distracted Driving

Distracted driving encompasses any activity that diverts attention from driving, including:

●     Texting or using a phone

●     Eating or drinking

●     Talking to passengers

●     Adjusting the stereo or navigation system

These distractions can significantly impair driving ability, leading to accidents, injuries, and even fatalities.

Legal Consequences of Distracted Driving

1.    Traffic Violations and Fines: Engaging in distracted driving can lead to traffic citations and hefty fines, varying by jurisdiction.

2.    Increased Insurance Premiums: Convictions for distracted driving can result in increased car insurance premiums, affecting your financial situation long-term.

3.    Criminal Charges: In severe cases, especially those resulting in injury or death, distracted drivers may face criminal charges, including manslaughter or negligent driving.

Liability in Distracted Driving Accidents

●     Determining Fault: In the event of an accident, law enforcement and insurance companies will investigate to determine fault, often using evidence of distracted driving to assign liability.

●     Impact on Personal Injury Claims: Evidence of distracted driving can significantly impact personal injury claims, affecting compensation for damages and injuries.

●     Comparative Negligence: Some jurisdictions apply comparative negligence rules, which can reduce compensation if you are found partially at fault due to distraction.

How a Car Accident Attorney Can Help

Consulting with a car accident attorney is vital when dealing with the aftermath of a distracted driving accident. An attorney can:

●     Provide legal representation and advice

●     Help navigate insurance claims and settlements

●     Represent you in court, if necessary

Protecting Yourself from Distracted Driving Claims

●     Stay Focused: Always prioritize your attention on driving and avoid any activities that could distract you.

●     Use Technology Wisely: Utilize hands-free devices and do not text or engage in activities that require you to take your eyes off the road.

●     Understand the Laws: Familiarize yourself with local distracted driving laws to ensure compliance and reduce the risk of legal issues.

Distracted driving poses significant risks not only to your safety but also to your legal standing in the event of an accident. Understanding the consequences and liabilities associated with distracted driving accidents is essential for all drivers. Should you find yourself involved in such an incident, consultation with a car accident attorney can provide the guidance and representation needed to navigate the legal challenges. For those facing charges related to driving under the influence, a top DUI attorney can also offer crucial legal support. If you live or drive in Chester County, consulting with  Personal Injury Lawyers in Chester County PA is a must. Remember, safe driving practices not only protect you, but also the lives of others on the road.

This blog was originally posted on https://pa4law.com/distracted-driving-laws-and-car-accidents-consequences-and-liability/

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When a Doctor Deliberately Causes Medical Injuries

Most people visit the doctor or hospital with the expectation that physicians and other healthcare professionals have their best interests in mind. Although it’s rare, unfortunately, there are professionals in this field that cause deliberate harm. The best malpractice attorneys understand that these types of claims can be hard to win, but in some cases, justice does prevail.

Types of Damages in Medical Malpractice Cases

Depending on the specific circumstances of a claim, personal injury lawyers may be able to help injured victims recover three types of damages.

General damages are economic losses that can be quantified, such as the cost of medical bills and past and future loss of income. Special damages include pain and suffering, emotional distress, loss of enjoyment, and other non-economic damages.

Both general and special damages are considered compensatory damages, which means they are intended to “make the plaintiff whole.” However, in cases involving particularly egregious or careless acts, punitive damages may be awarded. Punitive damages are not intended to compensate the victim. Rather, they are awarded to punish the wrongdoer and deter others from committing similar acts in the future.

What Does Medical Malpractice Insurance Cover?

In cases involving medical mistakes or negligence, medical malpractice insurance typically covers all three types of damages. However, things can get tricky when a doctor deliberately causes harm to a patient. Most malpractice policies state that when a physician deliberately causes injury or covers up a criminal act, insurance coverage does not apply. This means that if your doctor caused deliberate injuries, you may have to bring a lawsuit against them personally to recover damages. They may also be subject to criminal charges if the state decides to prosecute them for criminal acts.

Claims Against Hospitals or Health Care Systems

It’s important to understand that suing your doctor may not be your only possibility for recovering compensation if you were deliberately harmed. If a hospital or health care system employed or contracted with the physician, they may also be on the hook for damages.

Hire an Experienced Medical Malpractice Attorney

Medical malpractice cases are complex. When deliberate acts of harm are involved a claim can be even more challenging to prove. If you’ve been hurt or have lost a loved one and you believe a healthcare professional may have committed wrongdoing, a medical malpractice attorney can evaluate your case, determine whether you have a viable claim, and investigate all possible avenues for compensation.

Medical malpractice laws and damage caps vary widely by state, so it’s critical to hire a lawyer who’s familiar with the laws in the jurisdiction where the harmful acts took place. In some states, there are patient compensation funds or excess recovery funds that may be utilized by patients seeking compensation for medical injuries.

Our malpractice lawyers in West Chester, PA are well-versed in handling cases involving physicians and other healthcare professionals who cause deliberate injuries or death. You can trust our compassionate team to fight for your rights and help you hold responsible parties accountable for their actions.

This blog was originally posted on https://pa4law.com/when-a-doctor-deliberately-causes-medical-injuries/

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Why You Should Seek Medical Care after an Accident

Often, victims of accidents want to rest at home without seeking medical care right away. Although it is understandable when someone is shaken-up after a car crash or slip-and-fall accident, the shock they may experience can mask pain and symptoms of serious injuries. After an accident, personal injury lawyers recommend that you go to the emergency room or see a doctor as soon as possible, even if you don’t believe you are seriously hurt. Getting checked-out by a health care provider helps to ensure that you get the treatment you need and can support a personal injury claim should there be a need to file one. 

Types Of Injuries That May Be Sustained in an Accident

Depending on the circumstances, symptoms of serious injury may be masked for days, weeks, or even months. Human stress hormones are released when you experience trauma, and can dull immediate pain. While you may believe that a bump on the head is just irritating, a concussion or traumatic brain injury can have serious physical, emotional, and cognitive short- and long-term repercussions. Through examination and diagnostic testing, these types of injuries can be spotted and treated immediately  which can reduce their impact on your health and may even save your life. 

Neck injuries, spinal damage, and back injuries can also pose a serious risk to your health, mobility, and well-being if they are not treated in a timely manner. Organ damage and internal bleeding may go completely unnoticed by an injured victim which can lead to serious complications or death. Even injuries such as sprained or torn muscles and bone fractures can be overlooked. Again, some symptoms of these injuries may not manifest until days or weeks after an accident, so it is better to be safe than sorry. 

What If I Don’t Seek Medical Care After an Accident?

Failing to seek medical care for your injuries can have grave consequences. A serious injury, chronic pain, or disability can interfere with your ability to earn a living and take care of your family. In addition, your quality of life may suffer, and you may face piles of medical bills that can put you in significant debt. If someone else was responsible for your injuries, they should be held accountable so you can get the care you need while protecting your financial stability. 

Seeking Medical Treatment after a Car Crash Provides Vital Evidence

Even the best car accident lawyers may not be able to recover compensation for an injured victim without evidence such as medical records and testimony of medical professionals. Insurance companies will pounce on this lack of evidence and use it as an excuse to deny your claim or minimize the severity of your injuries.  Whether you are hurt in a slip-and-fall, car crash, or another type of accident, take photos of your injuries, and get checked-out by a doctor. Do not speak to an insurance adjuster or accept a settlement without talking to an attorney first. It typically won’t cost you anything to have a personal injury lawyer evaluate your case and advise you on whether you have a viable claim. 

Contact a personal injury attorney to find out more about accident claims and the importance of seeking medical care for your injuries. If you are concerned about your rights and your family’s financial future, an estate attorney can help you create a plan tailored to meet your needs. 

This blog was originally posted on https://www.pa4law.com/why-you-should-seek-medical-care-after-an-accident/

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Why Are Medical Malpractice Cases Challenging to Win?

 

Medical malpractice is one of the most complex areas of personal injury law. Although injured victims have a right to pursue compensation when they have been hurt due to negligence, it doesn’t mean that it is always easy to win. There are many challenges that personal injury lawyers face when litigating medical malpractice cases, including proving medical negligence, convincing a jury that a doctor or health system was wrong, and dealing with piles of complex evidence. If you are considering bringing a medical malpractice lawsuit, it is important to understand the elements involved in proving medical malpractice and why these cases can be so challenging.

Proving Medical Negligence

Proving that a doctor’s actions (or inaction) amounted to medical negligence can be difficult. Even though they may have substantial evidence in the form of medical records, medical malpractice lawyers rely heavily on qualified medical experts to evaluate treatment, determine what the doctor actually did, and show what the provider should have done that would have been in line with the medical standard of care. Although these experts can be convincing, depending on the circumstances of the case, the defense may poke holes in their arguments by bringing-up other factors, such as genetics and lifestyle choices, that could have had an impact on a plaintiff’s injuries or condition.

Complex Evidence

The complex nature of the evidence presented in medical malpractice cases also makes it difficult to prove negligence. Jurors without a medical background may find it difficult to understand and interpret the evidence. Even when expert witnesses explain the evidence in a simple way, some jurors may still misunderstand what is presented and rule in the defendant’s (doctor’s) favor.

Convincing a Jury of a Physician’s Negligence

Many people hold doctors in high esteem just because of the job they do. Connecting the dots between a victim’s injuries and a doctor’s negligence is challenging, and juries tend to give doctors the benefit of the doubt. They know that the practice of medicine is difficult, and that there are often different ways to go about treating certain conditions. However, good medical malpractice lawyers know how to use evidence and present a case in a way that makes the malpractice seem like an obvious mistake.

Finding a Qualified Lawyer Is a Key to Success

Finding an attorney who is experienced in negotiating medical malpractice settlements and litigating medical malpractice cases in court is critical to winning your case. The cost of medical experts and other expenses in medical malpractice cases is very high, so finding an established medical malpractice law firm can also be important to the success of a claim.

A good lawyer will know how to gather and analyze massive amounts of medical evidence, have qualified professional medical experts they trust, and understand how to aggressively negotiate on their client’s behalf during settlement talks with a healthcare provider’s insurance company. If a medical malpractice case goes in front of a jury, an attorney’s demeanor, knowledge, communication style, and personality can be significant factors in helping jurors understand the case.

If you believe you or a loved one sustained injuries due to a medical professional’s negligence, contact an experienced medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/why-are-medical-malpractice-cases-challenging-to-win/

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How Personal Injury Attorneys Prove Truck Driver Negligence

Accidents involving tractor-trailers and other commercial trucks can be life-altering. Even if you believe a truck driver was responsible for causing a crash, proving negligence in these types of cases can be challenging. Trucking companies and their insurers typically refuse to admit that their driver was at fault, so it is critical to hire a top car accident lawyer who understands how to prove negligence in these types of complex cases.

Causes of Truck Accidents Involving Truck Driver Negligence

Drowsy Driving – Even the most experienced truck driver can become impaired when driving while fatigued, Unfortunately, many trucking companies push drivers to make challenging deadlines and drive long hours without resting, leading to thousands of truck accidents each year.

Intoxication – Truck drivers who use drugs or drink pose a serious danger on the road. Impaired driving can lead to delayed reaction times, lack of coordination, reduced concentration, impaired vision, and poor judgment.  Many accidents are caused by drivers who are under the influence of drugs or alcohol. Truckers in this condition have delayed reaction times and often cannot avoid an accident.

Lack of experience or training – Truck drivers must be well-trained to properly maneuver large vehicles. Inexperienced, untrained drivers who do not have an understanding of how to handle hazards and potentially dangerous situations can cause significant injuries and fatalities.

Distracted driving – A truck driver can be distracted by their phone, equipment, work logs, or maps. Truck drivers who take their eyes off the road for just a few seconds can cause serious truck accidents including multi-car pileups, which can hurt or kill multiple parties.

Speeding and/or reckless driving – Reckless or aggressive driving and speeding cause thousands of needless accidents each year. When a trucker engages in these types of hazardous behaviors, the consequences can be deadly.

Truck Driver Negligence and Duty of Care

There are four elements to proving negligence in a truck accident case:

• The truck driver a duty of care
• The truck driver breached that duty
• An innocent victim sustained injuries
• The victim’s losses and injuries happened because of the breach of duty

Multiple parties may be liable in a truck driver negligence accident claim, including the truck driver and trucking company.

Investigating Truck Accident Claims

Truck accident claims are complex and require extensive investigation. Truck drivers, trucking companies, and other parties involved in the transportation of cargo must follow regulations set out by the Federal Motor Carrier Safety Administration (FMCSA).

Personal injury lawyers who have experience handling these types of cases understand that comprehensive evaluation of the truck driver’s and trucking company’s records is vital to establishing fault and determining whether FMCSA regulations have been violated. A truck accident attorney may use expert witnesses with a background in the trucking industry to identify inconsistencies, errors, and omissions that could indicate misconduct or negligence. Examples of evidence that can be used to prove truck driver negligence include:

• The driving and training records of the driver
• The truck driver’s medical records
• Logbooks, which include the number of hours driven, stops, breaks, and other information
• The truck’s black box recorder, which keeps track of travel and engine data
• Cell phone records
• Truck maintenance records
• Evidence of previous accidents or claims

Photos of the scene and vehicle damage, witness statements, police reports, and other valuable evidence can also help your lawyer prove negligence. An experienced accident lawyer will know how to determine which parties may be liable for damages, and to put all the evidence together to form a solid claim.

If you have been hurt or have lost a loved one in an accident with a commercial vehicle, contact an attorney.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-attorneys-prove-truck-driver-negligence/

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Should you Hire an Accident Attorney or Handle the Claim Yourself?

When you have been hurt in an accident and you are focused on your recovery, you may feel overwhelmed and unsure of the next steps to take. If someone else’s negligence caused your injury, you might be entitled to damages, but is it wise to handle the claim on your own or should you hire a personal injury lawyer? Considering these factors can enable you to make an informed decision about hiring an attorney. 

1. Personal Injury Law is Complex

If you are only dealing with property damage, you most likely will not need an attorney. But if you or a loved one has been injured; it is important to know how tort law may apply to your case. The best accident lawyers will give you an honest assessment of your claim. Most offer a free initial consultation and case evaluation, so you have nothing to lose if you decide to consult with an attorney. 

2. You May Underestimate the Value of Your Claim

Attempting to pursue an accident claim on your own is usually a losing proposition. It can be easy to underestimate the cost of future medical bills and loss of income, especially if it is not clear how your injuries will affect your health and quality of life in the future. Whether you were hurt in a slip and fall accident or motor vehicle collision, a seasoned personal injury attorney will know how to accurately value your damages and fight to help you recover the maximum compensation you need and deserve. 

3. Dealing with Insurance Companies can be Challenging

After an accident, speaking with insurance adjusters and negotiating a settlement may be the last thing on your mind. Insurance companies are in the business of making money—even your own insurance company may not have your best interests in mind. Insurers have teams of lawyers and adjusters whose job is to find ways to minimize or deny personal injury claims. Skilled Pennsylvania personal injury lawyers are familiar with these blame-shifting tactics and will negotiate aggressively on your behalf so you can focus on what is important –healing and getting on with your life. 

4. Personal Injury Lawyers Know How to Prove Liability

For a personal injury claim to be successful, you must prove that your injuries and losses are the other party’s fault. Although medical records, photos of the scene and your injuries, witness testimony, surveillance camera footage and police reports are valuable evidence, it takes the experienced eye of an accident attorney to put them all together and build a case to prove negligence. In addition, personal injury law firms often have experts such as accident reconstructionists, investigators and medical experts who can help to explain the extent of your injuries and why a party may be liable.  

Do you or a loved one need assistance with an accident claim? Our personal injury lawyers in Chester County, PA can assess your case and advise you of your rights and options.

This blog was originally posted on https://www.pa4law.com/should-you-hire-an-accident-attorney-or-handle-the-claim-yourself/

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All You Need To Know About Medical Malpractice Lawsuits For HIPAA Violations

 

We all know that the Health Insurance Portability and Accountability Act (HIPAA) protects our right to privacy of medical information. That is why doctors’ offices, medical labs, hospitals and pharmacies have changed some ways of doing things to protect our right to privacy, according to top medical malpractice attorneys. If one of these health care providers fails to protect your private medical information, can you sue for a HIPPA violation?

The short answer is no. HIPPA itself precludes any “private cause of action.” Even if the health care provider clearly did not abide by HIPPA rules and you suffered some harm as a result, a private individual cannot sue under HIPPA. Only the federal government can assess penalties against a healthcare provider for violating HIPPA.

If you believe HIPAA Rules have been violated, you (and all patients) can file complaints with the federal government and in most cases, complaints are investigated. The complaint must be filed with the Department of Health and Human Services’ Office for Civil Rights (OCR). Complaints must be filed within 180 days of when you discover the violation.

You may choose to file a claim anonymously, but know that OCR will not investigate the complaint unless you identify yourself and provide a way for OCR to contact you. Complaints can also be filed with state attorneys general, who are authorized to pursue cases for HIPAA violations.

After investigating, the ORC may take actions against the health system or provider. The severity of the actions will depend on several factors, such as whether the violation was an accident, how many individuals were impacted, and whether this is a repeat violation of HIPAA Rules.

Many complaints are resolved through voluntary compliance, by issuing guidance, or by the offending organization taking corrective action to resolve issues that led to the complaint. The Department of Justice may pursue cases if a criminal violation of HIPAA rules is suspected.

Although you may not directly pursue a HIPAA violation lawsuit, you may take legal action against a health care provider and seek monetary damages under state law, personal injury lawyers say. In some states, you may sue the health care provider on the grounds of negligence or for a breach of an implied contract. You would likely need to prove that you suffered some harm or damages due to the failure to protect your private information.

You should be aware that a lawsuit like this can be very expensive and time-consuming, with no guarantee that you will win. Health care providers usually are covered by medical malpractice insurance, and the insurers’ legal teams are known to drag out a legal case with the hopes that the plaintiff will give up.

Another way to take legal action against a health care system or provider who has failed to protect your private data is to join an existing class-action lawsuit. The more individuals involved, the stronger the case is likely to be.

If you believe your right to privacy has been violated, be sure to consult with an experienced attorney who is knowledgeable about medico-legal issues.

This blog was originally posted on https://www.pa4law.com/all-you-need-to-know-about-medical-malpractice-lawsuits-for-hipaa-violations/

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What Is The Length And Process Of A Medical Malpractice Lawsuit?

Medical malpractice lawsuits, which are customarily impacted by the backlog in the court system, are likely to be set back even further by the temporary closing of courts during the COVID-19 lockdown. Experienced medical malpractice lawyers will tell you that a case that goes to court will take years to make its way through the court system, and/or for any settlements to be paid. Most medical malpractice lawsuits are settled out of court, but attorneys on both sides are required to file motions and utilize the court process in other ways.

For all these reasons, personal injury lawyers carefully weigh the pros and cons of a court trial when representing a medical malpractice plaintiff. Often the individual and his or her family are in need of the settlement funds, but the attorney must ensure that the settlement offered out of court is fair to the plaintiff.

The process of a medical malpractice lawsuit includes at least four important steps.

1. Discovery

The discovery phase is triggered when your attorney files a medical malpractice complaint, and all involved sides are informed of the lawsuit. Each side of the medical malpractice lawsuit will request from the other:

●    Information

●    Evidence

●    Documentation

During this phase, both sides are building their case, should it go to trial.

2. Expert witnesses

Your attorney and opposing counsel each will call upon a medical expert to investigate the facts of the case, assess them against the accepted medical standard of care, and advise the attorneys on whether medical negligence has occurred. The medical experts are also required to determine if and how the negligence may have caused additional, undue injuries to the plaintiff (you).

It is possible these medical experts might both find that the health care provider met the medical standard of care and negligence had not occurred. The lawsuit then would likely be dropped.

However, if either expert finds the standard of care was not met and negligence occurred, more experts may be called upon. If the experts agree that negligence probably did occur, the medical malpractice lawsuit will proceed.

3. Settlement negotiation

The defense is likely to try to settle the case out of court, as 90% of medical malpractice cases are settled out of court. Going to trial is time-consuming and costly, and defense counsel will try to avoid it by making settlement offers. You can expect the initial settlement offer to be below the amount that your attorney might counsel you to accept. This is a delicate process, and one you should place in the hands of an attorney who is experienced in negotiation. If your attorney does not feel a fair settlement is offered, then your attorney is likely to take the case to court.

4. Payment of settlement

When a settlement is reached, or the court has ordered the defense to pay you, two types of payments may occur:

●    A structured payment, often awarded to birth injuries or malpractice against children, as the funds must last over a lifetime of medical care and support.

●    A lump sum payment, which is the total settlement. The plaintiff is advised to seek the advice of a family estate planning attorney to ensure the funds are managed well in terms of tax obligation and investment planning.

If you believe you have been injured due to medical malpractice, do not delay contacting an experienced medical malpractice law firm. There are statutes of limitation on these cases which vary from state to state. Contact Perna & Abracht, LLC today to get expert advice on your situation.

This blog was originally posted on  https://www.pa4law.com/what-is-the-length-and-process-of-a-medical-malpractice-lawsuit/

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