Winning a lawsuit after being hit by a drunk driver is fairly easy, but it may be better to file an insurance claim than immediately suing the driver. This is especially important when you live or have been involved in a car accident in a no-fault state.
Alcohol-related accident make insurance claims easier simply because it already shows negligence on the side of the driver/defendant. Every state requires their drivers to carry at least the minimum amount for car insurance. Before filing a lawsuit, ask your injury attorney, such as those from the Hankey Law Office, to talk with the driver’s insurance carrier to inform them of your intention to get full compensation for the injuries and damages caused by their client’s accident. Because of the evident negligence in the part of their client, they will eventually provide you with a settlement offer for your claim. It is then be up to you and your lawyer to decide whether the amount is enough or fair to your belief.
There are many reasons as to why insurance carriers are ready to settle personal injury claims. One of them is when the client has a record of a DUI or DWI conviction that is also related to a car accident, not connected to yours. Going to trial with a client who has a DUI or DWI conviction will only cost them more money, so settling the case out of court would be a wiser and more cost-efficient option for them.
There are more than a dozen states that follow the “no-fault” law when it comes to car insurance, and in these states your settlement options may be limited. In such instances, you may use your own insurance (through personal injury protection) to cover for your medical expenses and other costs. However, if your injuries and total damages meet the state’s description of “serious injuries” you are allowed to file for a personal injury lawsuit or a liability lawsuit against the drunk driver.Read More
Pneumonia is a condition wherein the air sacs in one or both lungs are filled with pus or fluid. This is oftentimes a result of a bacterial, viral, or fungal infection. While healthy individuals usually recover from pneumonia in a few days or weeks, this lung condition can be serious, and may even be fatal, to infants, those with weak immune system, and those who are 65 years old and older.
Signs and symptoms of pneumonia vary depending on its severity. Milder pneumonia may manifest as a flu or cold, only longer. For more serious pneumonia, on the other hand, a person may experience cough with phlegm, and some symptoms of infections, such as difficulty breathing, weakness, fever, sweating, chills, nausea, vomiting, and diarrhea.
There are many causes of pneumonia. Being hospitalized for another illness, for instance, can expose you to pneumonia-causing pathogens. Pneumonia acquired in hospitals is considered severe, because bacteria involved could be resistant to antibiotics. Some pneumonia cases, on the other hand, develop because of aspiration, or inhalation of fluid or food items.
You are also at higher risk of pneumonia if you are living in a community with poor air quality. Pneumonia cases are higher in cities where clean air regulations are more leniently implemented. Unfortunately, some car manufacturers even contribute to the risk by trying to defraud the law. The website of the diesel emissions fraud lawsuit lawyers at the Driscoll Firm says that Volkswagen tried to trick the system by selling cars equipped with special software designed to cheat emissions tests.
If you experience one or more symptoms above, and you think you are at risk of pneumonia, visit your doctor right away for an accurate and prompt pneumonia diagnosis. When left undetected, pneumonia may result in even more serious medical complications, such as abscess in the lungs, pleural effusion (fluid build-up inside the lungs), trouble breathing, and bacteria in the bloodstream.Read More
Distracted driving is unfortunately a common phenomenon, part of an everyday lifestyle for many. People eat in their cars, reach for things out of view, divert attention to navigation systems, talk and text on their phones. According to the National Highway Traffic Safety Administration, distracted driving can occur in three different forms, which can also intermingle: visual distraction, cognitive distraction and manual distraction.
Visual distraction involves anything that diverts the driver’s attention from the road. Cognitive distractions make the driver’s mind wander from the task at hand, and manual distraction is anything that makes the driver remove their hands from the steering wheel. Although this behavior is dangerous for anyone driving, it is particularly hazardous when a truck driver is behind the wheel, and the most common distraction for truck drivers is visual-manual, in the form of using a mobile phone.
Rules of the road are in place to help deter negligent and reckless driving. Truck drivers, in particular, must abide by these rules, as the mere size of their vehicles makes them more dangerous to operate than passenger cars. A study by the Virginia Tech Transportation Institute found that texting while driving was the most dangerous distracted driving behavior truck drivers engaged in, making truck drivers who texted while operating their vehicles nearly 23 times more likely to become involved in a crash or near-crash incident. The Federal Motor Carrier Safety Administration even prohibits cell phone use while operating commercial vehicles, and drivers caught violating this are subject to fines, disqualifications, and even termination.
View more about liability related to distracted driving truck crashes.Read More
Humans are susceptible to error. People, after all, make mistakes all the time – and often, these mistakes need to be paid for. After all, people are free to choose their own choices but not the consequences that their choices make. Some mistakes, however, can have more devastating consequences than others. One such circumstance where a mistake can cost gravely is a mistake made by a medical practitioner.
Say, for example, that a neurosurgeon is operating on a patient’s brain. Due to a second of negligence, the surgeon slips and the patient is then severely injured and paralyzed for the rest of his life. Another example is that perhaps a patient was not properly notified of the side effects or consequences that certain medication or an experimental procedure may cost. There have even been some instances wherein an attending physician ordered the wrong procedure for the patient due to a wrong diagnosis, thereby costing the patient a lot of damage. Statistically speaking, one out of three cases wherein the medical practitioner made a mistake out of negligence results in a fatality.
The aforementioned instances are possible situations that can be constituted as medical malpractice which is, according to the website of John Michael Bailey Injury Lawyers, a subset of personal injury – which means the victim or the surviving family of the victim is warranted to file for legal action against the guilty party.
These cases are largely circumstantial as the situations are never going to be the same as another. This is why it is necessary to get the aid of lawyers who also have sufficient knowledge of medical jargon and procedures, especially specific medical information regarding the case at hand, in order to properly represent the victim in a court of law. Legal action is necessary so that the expenses that are an inevitable result of the injury need not fall as a burden to the injured party.
If you or someone you know has been a victim of negligence from a medical practitioner, it is recommended that reputable legal help in the form of a personal injury lawyer is sought immediately.Read More
Two of the greatest advantages of motorcycles over cars are its capability to easily maneuver through traffic and the much lesser amount of gasoline (thus, cheaper gas expenses) that it requires. Besides these, motorcycles also make running errands much easier and faster.
The only major disadvantage motorcycle riders have compared to drivers, though, is their vulnerability to severe injuries in the event of an accident. This is due to the absence of a frame or body, like in other motor vehicles, which would receive the force of impact. Thus, a fender bender, for instance, which is very common in cars, may only cause minor injuries in drivers; to a motorcycle rider, however, this same accident can already be fatal.
To greatly lessen any chances of sustaining severe injuries, as well as significantly reduce any odds of dying in a crash, the American Motorcycle Association (AMA), the world’s largest motorcycling organization, encourages its members to always wear a helmet that complies with the safety standards of the U.S. Department of Transportation. This is because injury to the head has always proven to be the most common cause of death among riders. Other than the helmet, the organization also advocates the use of other protective gears, including gloves, protective jacket and pants, and safe footwear.
Motorcycle experts also share the following points for higher chances of riding safety:
- New riders are encouraged to first complete a basic rider course from professional schools
- Having bright colors on the helmet and protective gears will make you more visible on the road and to other drivers
- Watch out for cars turning left in front of you – a cause of accident at intersections
- Only ride as fast as you can to avoid entering a corner too fast
- Be aware of blind spots and always avoiding riding along the right side of other vehicles, especially trucks. If you find yourself in a blind spot (or no-zone area), keep out of it immediately. One very important driving tip to consider is that you should make sure that you see the other vehicle’s driver’s eyes from their left side mirror because if you do, then there is no reason why they won’t see you to
- When riding in a group, always observe proper group riding etiquette. Never make a sudden stop and always make sure that your eyes and attention are focused on the riders in front of you
- Learn how to use your motorbike’s front brake. Though use of front brake may be difficult to master, you should know that it is the your motorcycle’s most powerful component, as it is able to change your bike’s speed much more quickly than the engine can
- Never ride your motorbike at a speed that may prove hard to control on slippery road
- Never ride near parked vehicles. You never know when a careless driver or passenger may suddenly open the vehicle’s door
- Never ever drink and then ride. Time and again, this deadly combination has proven to be the most common cause of motorcycle accidents.
On its website, the Pohl & Berk law firm mentions that, despite the proper care observed by riders, accidents still happen because of the failure of other drivers and parties to act safely.
Victims of motorcycle accidents should be aware of their rights to pursue legal action and seek the compensation that the law allows them to receive from the liable party. Thus, if involved in an accident, it is essential to seek the assistance of motorcycle accident lawyers for a better understand of the law and your legal rights and alternatives.Read More
Sometimes, it is easy to forget just how fragile the human body is. Truly, people are just held together by fragile ligaments, bone, and skin – should any one of these be severely damaged, the effects could be lasting and catastrophic for the rest of the victim’s life. One of the most delicate parts of the body is the spinal cord and, even if damaged by the slightest bit, can mean immediate, irreversible consequences. Sadly enough, according to the website of law firm Pohl & Berk LLP, many of spinal cord injuries are a direct result out of the negligence of someone else.
One of the most common consequences of spinal cord injuries is paralysis. But it is not limited to just that as the spinal cord is one of the most imperative parts of the human body, responsible for sensation, strength, and mobility and it is exactly these things that can be affected by an injury of this nature. Spinal cord injuries are almost always impossible to reverse with today’s technology and so the damage done is truly irreparable.
If you have been made to suffer a spinal cord injury because of someone’s negligence, it is your legal right to hire attorneys in order to file your case, in order to hold the guilty party accountable financially for the harm done. Though it may be true that there is no replacing what one has lost when one has suffered a spinal cord injury, the compensation claimed in recompense is most warranted and can be some measure of comfort with adjusting to this new challenge in life.
Dealing with cases that pertain to medical fields is certain to be a very arduous process with paperwork, evidence, and parties that need to be involved. It is advisable for you to seek legal aid that will ruthlessly pursue justice for your case, in order for you to be given closure with what is certainly a traumatic event. There are options available to you as the law is always on the side of the righteous – all you have to do is take it.Read More