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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Common Types of Trucking Accidents

Large commercial trucks such as tractor-trailers, 18-wheelers, and construction vehicles help keep the country’s economy humming. This means that there are thousands of big rigs on roadways every day. Due to their large size and weight, tractor-trailers can pose a unique danger to others on the road. If you or a loved one is injured in a collision with a big truck, finding a car accident law firm with attorneys who know how to handle these types of cases is a must. Knowing more about common types of truck accidents can help you become more aware of potential dangers when you’re driving and may even help you avoid a crash.

Types of Truck Crashes

Jackknife – When a truck driver brakes suddenly,  a trailer may swing out to a ninety-degree angle, hitting other vehicles and blocking the roadway. Jackknifing trucks often roll over and cause catastrophic car pileups that result in multiple injuries, fatalities, and significant property damage.

Blind Spot – Big rigs have much larger blind spots than smaller vehicles and cannot see other motorists when they are in these spaces. Attempting to change lanes when someone is in a blind spot can lead to a sideswipe or turning accident that can cause serious damage to a smaller vehicle and its occupants.

Under-ride – This type of truck accident is often deadly. When a truck stops quickly, a vehicle behind them may slide underneath the tractor-trailer. Although there are guards in place on most large trucks, sometimes these types of crashes are fatal.

Rollover – Although rollover accidents happen for a variety of reasons, improperly loaded cargo is one of the main causes of rollover accidents involving tractor-trailers.

Rear-end – Large trucks need significantly more distance than other vehicles to come to a complete stop. When a commercial truck crashes into the back of another vehicle, it can lead to a chain reaction that causes multiple injuries and serious damage.

Head-on – Regardless of whether a big truck is involved, head-on accidents are some of the deadliest collisions that occur on roadways.

Causes of Truck Accidents

Crashes involving large trucks can occur for many different reasons, but some of the most common include:

• Driver fatigue
• Distracted driving
• Driving under the influence
• Speeding and reckless driving
• Poor driver training
• Inadequate maintenance and repair
• Improper cargo loading
• Inclement weather

Injuries sustained in truck accidents can be life-altering. If a collision is caused by truck driver or trucking company negligence, a accident injury lawyer may be able to help injured victims recover compensation from all responsible parties.

Keeping Yourself Safe on the Road

Paying attention to your surroundings when driving is vital. Approach and pass big rigs and other large vehicles with caution. Avoid traveling in blind spots or directly next to a semi-truck. It is a good idea to always assume that a truck driver can’t see you and to pass as quickly and safely as possible. Do not tailgate:  maintain a safe distance between your vehicle and any truck that is in front of you. If you notice a truck that is swerving or drifting, stay away from it. If you are in an accident with a commercial truck, take steps to protect your rights and interests.

Being injured in an accident involving a big truck can be traumatic, but you don’t have to go it alone. Contact a PI attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/common-types-of-trucking-accidents/

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Who is Liable in a Rideshare Accident?

 

Apps like Uber and Lyft provide a convenient way to get around town, but what happens if you are involved in an accident with a rideshare vehicle? Whether you are injured as a passenger, motorist, pedestrian, or bicyclist, it is important to know who may be liable for damages. You may be required to file claims with multiple insurance companies, so having a good car accident attorney in your corner is vital.

Determining Liability in Rideshare Accident Cases

Like any other motor vehicle accident, crashes involving rideshare drivers must be investigated to determine who was at fault. Although Uber and Lyft both carry $1 million liability insurance policies, you may have to file a claim with the rideshare driver’s personal auto insurance company, another motorist’s insurer, or even your own car insurance.  

An accident lawyer can conduct a thorough investigation, determine who may be at fault for your injuries, and help you recover compensation for damages such as medical expenses, lost wages, pain and suffering, and other damages. Filing multiple insurance claims can be a stressful, complicated  process. When more than one insurance company is involved, they may even join forces to minimize or deny your claim. Your lawyer can handle all negotiations with insurers and help to ensure all responsible parties are held accountable.

If You Are Injured in a Rideshare Accident

Although rideshare companies carry liability insurance, there are certain factors that can influence whether you can recover compensation from them after a crash. For example, the driver must be logged into the app and “on the clock” when the accident occurred. If they are not, you may have to seek recovery from the driver’s personal auto insurance.  

If another motorist is partially or solely at fault, their insurance should cover the cost of your damages. Depending on the circumstances, where you live, and the specifics of your policy, you may have to file a Medical Payments, Personal Injury Protection, and/or Uninsured/Underinsured Motorist claim with your own auto insurance company. Each case is unique. Finding a personal injury lawyer who has experience handling rideshare accident cases can help to ensure your rights and interests are fully protected.

Steps to Take If You are Involved in a Rideshare Accident

After any crash, taking certain steps can help preserve valuable evidence and ensure you receive the medical care you need. Regardless of how the crash occurred, taking the following steps can help protect your rights and your well-being.

•    Call 911 and wait for first responders to arrive
•    Seek medical attention
•    Get the name, contact information, and insurance information from the rideshare driver and any other motorists who were involved in the accident
•    Report the crash to the rideshare company as soon as possible. The most convenient way to do this is by using their app or website
•    Take pictures of the scene, damage to vehicles, and your injuries
•    If possible, obtain a police report at the scene
•    Keep all accident-related medical records, bills, and receipts in a safe place
•    Make sure to save any texts, emails, or other correspondence from the rideshare company, driver, and their insurers
•    Before speaking with insurance adjusters, signing anything, or accepting a settlement, contact a car accident attorney.

There is no need to rush to determine who is at fault or to accept the first settlement offer that comes along. Contact a rideshare accident attorney who can evaluate your case and advise you of your options.

This blog was originally posted on https://www.pa4law.com/who-is-liable-in-a-rideshare-accident/

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Understanding Premises Liability: A Personal Injury Lawyer Explains

 

Slip and fall accidents, dog bites, and even inadequate security on a premises can lead to victims suffering serious injury due to no fault of their own. The concept of premises liability usually comes into play in these types of cases. A personal injury lawyer can help you understand how premises liability may apply in your case and determine whether you have cause to bring a claim.

What is Premises Liability?

Business and property owners have a duty to keep their premises in a safe condition. Like most personal injury claims, premises liability claims are based on negligence, which means that a property owner failed to practice reasonable care to prevent or address dangerous conditions. When a property owner fails to properly maintain or repair dangerous conditions or provide a warning of them, they may be liable if someone is injured. However, merely  because you are injured on someone else’s property does not mean they are responsible for damages.

Proving Fault in a Premises Liability Claim

To prove a premises liability claim, you must show that the business or property owner was aware of the unsafe condition but failed to resolve the situation. A good accident injury lawyer will know how to prove all the elements required to bring a successful premises liability claim, including:

•    That the property owner owed you a duty of care
•    That the owner or business breached that duty by neglecting to act with reasonable care to prevent or warn of hazardous conditions
•    That their negligence led to injury or harm
•    That you suffered damages or losses due to your injuries

If you are considering pursuing a premises liability case, it is important to choose an experienced PI attorney who knows how to bring all of these elements together to prove negligence and build a solid claim for damages.

Types of Premises Liability Cases

Premises liability claims can arise from many different circumstances. Some of the most common types involve:

•    Slip, trip, and fall accidents, which are often caused by uncleared ice or snow, spills, leaks, loose rugs or carpet, and damaged concrete and stairs.
•    Falling objects in retail stores, warehouses, and on construction sites
•    Dog bites
•    Swimming pool injuries and drowning
•    Elevator or escalator failure
•    Fires and explosions
•    Toxic substance exposure
•    Lack of security
•    Inadequate maintenance and defective conditions on the property
•    Failure to warn of known hazards

How a Premises Liability Attorney Can Help

Depending on the circumstances, bringing a premises liability claim on your own can result in a minimal settlement or no compensation at all. Insurance companies often try to downplay the severity of a victim’s injuries or place blame on them for what happened. A knowledgeable premises liability lawyer can evaluate your case and give you an honest assessment of the options that may be available to recover compensation for damages such as medical expenses, lost wages, and pain and suffering.

Most personal injury lawyers offer a free initial consultation, so you really have nothing to lose if you contact an attorney about your case. If you do have a viable claim, your lawyer can fight to help you recover the maximum compensation you need and deserve.

This blog was originally posted on https://www.pa4law.com/understanding-premises-liability-a-personal-injury-lawyer-explains/

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Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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How Common Are Cancer Misdiagnoses in Medical Malpractice Claims?

 

When it comes to the diagnosis and treatment of cancer, time is of the essence. Misdiagnosis or delayed diagnosis of certain types of cancer can be fatal. There are many different factors that can have an impact on a cancer diagnosis. Learning about commonly misdiagnosed types of cancer from a top medical malpractice lawyer can help you understand what is involved if you or a loved one is considering filing a claim.

Causes of Cancer Misdiagnosis

Early detection is crucial when treating almost any type of cancer—typically, the sooner you start getting treatment, the better your prognosis will be. Although the subject has not been studied extensively, according to an article published in the Journal of the American Medical Association (JAMA), cases of missed, delayed, or incorrect diagnosis are common, and may occur anywhere from 10% to 28% of the time.

Some factors that may be involved in misdiagnosis or delayed diagnosis of cancer include:

•  Ignoring a patient’s complaints or symptoms
•  Neglecting to order proper diagnostic tests or biopsies
•  Pathology testing errors
•  Failing to identify lumps or other irregularities, such as those detected in breast exams
•  Incorrect reading of diagnostic testing results
•  Failure to recognize common signs of cancer
•  Not following-up with the patient or test results
•  Wrongly identifying a cancerous tumor as benign
•  Failing to refer a patient to a specialist

In some cases, a patient may be wrongly diagnosed with cancer and may undergo unnecessary, costly, invasive treatment. If this has happened to you or a loved one, a good injury attorney who handles medical malpractice can assess your case and help you determine the options that may be available for recovering compensation for a misdiagnosis and unnecessary treatment.

Types of Cancer That Are Commonly Misdiagnosed

Lymphoma—This type of cancer often goes undetected because many of the symptoms are associated with less serious conditions. For example, enlarged lymph nodes, fever, fatigue, weight loss and night sweats are often seen in patients with the flu or common cold.

Breast cancer—According to the Susan G. Komen Foundation, approximately 16% of breast cancer cases are not detected by mammograms. This delay in detection and diagnosis can result in a patient having to undergo more invasive treatment such as surgery. Conversely, misdiagnosis of benign tumors or cells that will not result in cancer can lead to patients receiving drastic treatment for no reason.

Colorectal cancer—Colon cancer often begins as a noncancerous tumor called a polyp. If doctors fail to recommend or perform a colonoscopy on high-risk patients or those 50 and older, these polyps may develop into cancer.

Lung cancer—The second-most common cancer in the United States, lung cancer can be difficult to detect in the early stages. It may be misdiagnosed as asthma, bronchitis, pneumonia, COPD, or even tuberculosis. Although lung cancer is highly treatable at the early stages, the survival rate is less than 10% if it progresses to stage four.

Skin cancer—Another commonly misdiagnosed cancer is melanoma, which can be fatal. Doctors may fail to recognize irregular skin markings and growths, which can enable melanoma to progress fairly rapidly. In addition, when biopsies are taken, pathologists in the lab may not accurately identify some types of skin cancers.

It is always a good idea to get a second opinion if you are diagnosed with cancer or believe you may have cancer. If you or a loved one has been misdiagnosed or has suffered due to delayed diagnosis, contact a medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/how-common-are-cancer-misdiagnoses-in-medical-malpractice-claims/

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Proving Domestic Violence in a Divorce

 

Domestic violence is a serious matter that has an impact on families throughout the US every day. Domestic abuse can have an impact on certain aspects of your divorce, so it is critical to find a divorce lawyer who can help you gather and present all relevant evidence to prove domestic violence and help you get a Protection From Abuse (PFA) order if necessary. Unfortunately, abuse can escalate when one person ends a relationship, so it is crucial to have a plan and think about your safety and the well-being of your children.

How Domestic Violence Can Affect Divorce Cases

Domestic violence can be a factor in a divorce when the courts make determinations about matters such as:

- Property division

- Child custody

- Spousal support

- Alimony

- Other issues that may be unique to your circumstances

Regardless of whether you are the one being abused or you are being accused of domestic violence, it is important to document everything to prove your side of the story.

How to Prove Domestic Violence

Criminal Convictions and PFA Orders

Whether it is a criminal or civil matter, courts make decisions based on facts. If domestic violence is an issue in your divorce, you will have to provide adequate evidence to show that it took place. The most straightforward way to do this is to show evidence of a criminal conviction for domestic abuse. If your spouse was convicted of a domestic-related offense, the family court will typically consider it sufficient evidence that abuse occurred. If you or your children have been victims of domestic violence, filing for a protection from abuse order can help protect your safety and provide evidence as well.

Witness Testimony

It is important to report incidences of abuse to law enforcement every time they happen, even if they do not result in criminal charges or a conviction. Law enforcement officers can testify as witnesses in domestic violence and divorce cases, as can friends, family members, teachers, doctors, social workers, or anyone who heard or saw the abuse. Although it may be daunting, you can also testify. In addition to helping you settle other matters involved in your divorce, your attorney can help you prepare before you testify and act as your staunch advocate in court.

Proof of Injuries

If you went to the emergency room due to injuries caused by your abuser, medical records related to incidences of domestic violence can provide compelling evidence. Photos of your injuries can also be helpful in proving domestic violence in a divorce case.

Other Proof of Abuse

Another way to help prove domestic violence is to document everything. Keep a list of the dates, times, and details of each incident, what your spouse did and said, and any witnesses who may have observed the behavior. This can help prove a pattern of abuse and have a significant impact on issues like child custody. In addition, save any emails, text messages, voicemails, or social media posts/messages from your spouse. Having an experienced divorce attorney by your side can help you get through a contentious divorce, protect your interests, and hold your abuser accountable.

If you need assistance with divorce, issues surrounding domestic violence, child custody, or other family law matters, contact a Pennsylvania divorce lawyer today.

If you or someone you know needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/proving-domestic-violence-in-a-divorce

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