Common Reasons Why Truck Accidents Occur

Trucking Accident Lawyer

Unfortunately, truck accidents are a daily occurence in the United States. Because commercial trucks are such large and heavy vehicles, the injuries that result from the injuries are usually life-threatening. While some truck accidents are caused by unforeseen conditions, the majority result from carelessness. If you were injured in a truck accident caused by negligence, you may be eligible for compensation.

Here are some of the most common causes of truck accidents:

Driver Fatigue

Truck drivers have to spend some long hours on the road. Although federal regulations prohibit these drivers from driving too many hours in a row, not all of them follow these rules. They may feel pressure to deliver all their goods by a certain deadline and drive longer than they are supposed to. Truck drivers who are running on little sleep can’t focus that well on the road and are more likely to cause accidents.

Speeding

Truck drivers are under constant pressure to deliver their goods by certain deadlines. If they are running behind, they may be tempted to drive above the speed limit to get to their destinations on time. Unfortunately, speeding can lower a truck driver’s reactions times and make the truck spin out of control. Truck drivers who don’t follow the speed limits put everyone on the road in danger.

Poor Vehicle Maintenance

Commercial trucks are driven thousands of miles a day. That can cause excessive wear and tear on these vehicles, increasing the risk of equipment failure. Worn brake pads or tires, for example, can cause a major accident. That’s why it’s important for trucking companies to regularly maintain all of their trucks and get them repaired immediately if there is a problem.

Distracted Driving

Truck drivers have to spend hours on the road, so it’s easy to see why they would get bored from time to time. They may try to entertain themselves while they’re behind the wheel to kill some of that boredom. However, this is dangerous behavior. Whether truck drivers send text messages on their smartphones or change the radio stations, they take their eyes off the road. Taking the focus off the road for even a few seconds can lead to an accident.

Alcohol and Drug Use

Driving a truck can be a tough job at times, and some truck drivers may use alcohol or drugs to unwind. This can impair their driving and put everyone on the road at risk. When truck drivers are under the influence of drugs or alcohol, they will have slower reactions times and have trouble focusing on the road ahead.

If you were injured in a truck accident caused by a negligent truck driver, you should speak to a Canoga Park truck accident attorney as soon as possible. He or she can review your case for free and determine if you have enough evidence to file a claim. You deserve to be compensated for everything you have been through.

 


 

Thank you to our friends and contributors at Barry P. Goldberg for their insight into trucking accidents and personal injury.

Finding the Right Business Succession Lawyer

Business Lawyer Memphis, TN

Many people feel a peace of mind when they plan for the unavoidable. If you are someone who has invested your time, money, and energy into a business, this is no different. When you pass away or retire, you want to have peace of mind that your business can keep operating without you to head it. For many, this is just as important as writing your last will and testament. However, you might not be sure where to start. Can you simply tell people who you want to run your business when you are gone? Business lawyers know you have many questions regarding business succession and have helped many clients over the years by answering these questions and developing a strategy that is right for them.

What Steps Can We Take?

When developing a business succession plan, we sit down with our clients to go over a few main steps that can help them envision what they want their business to look like in the future. These steps are:

  • Establishing Your Goals
  • Determine the Decision-Making Process
  • Decide on Your Succession Plan
  • Create Your Transition Plan

Step 1. Establish Your Goals. The first thing you should do when creating your business succession plan is to establish your goals. If you already have a business succession plan, you can review it and determine if it has the rights goals in mind. As we formulate this plan, decide what the vision and objects are for this business once you are gone. Is it important that your family is involved with it? Do you have professional advisors on retainer to help fulfill these goals? You can also use this time to determine your own personal retirement goals through the business.

Step 2. Determine the Decision-Making Process. Who is involved in the decisions for your business? Will this be left to trusted people in your company, third-parties, or family members? What happens when a dispute arises? Will your document have the answer for the final say or will you have someone appointed and put in place to resolve the dispute? You should also communicate what your succession plan is to your family members and your stakeholders.

Step 3. Decide On Your Succession Plan. At this step, we can decide on who your successors will be. It is also imperative to identify members of your family that are active and inactive regarding your business.

Step 4. Create Your Transition Plan. Finally, you can determine the timeline you believe is appropriate for implementing your business succession plan. You can also consider the different financing options if you want this business to be purchased. Do you want to finance through a third party?

How an Attorney Can Help

A business lawyer Memphis, TN trusts at Wiseman Bray, PLLC wants to see you and your business succeed, while you are still at the reigns and even after your business is in the hands of someone else. When you work with a trusted lawyer, you are getting an ally that can help you navigate the different business succession laws and help you find the right plan for you. Don’t hesitate any longer on your business’ future. Call an attorney today.

Workers’ Compensation for Bus Driver Injury

Personal Injury Lawyer

Driving a bus is not a job to take lightly. Automobile accidents are one of the most common causes of injury in America, and as a bus driver, you are responsible for not only your life on the road but the lives of all your passengers. What if a tractor-trailer runs through a red light and crashes into your bus? Perhaps you had already dropped your passengers off, but you were injured in this crash. How can you receive compensation for this accident?

Are bus drivers eligible to receive workers’ compensation?

Unfortunately, your injuries have made it impossible for you to work, but you need a steady paycheck to keep paying your bills. What can you do in this situation? Because you were injured while performing duties for your job, you are entitled to claiming workers’ compensation. If you weren’t actively working, though (if you were off the clock and driving to or from your house when the accident occurred), you would likely not be eligible to receive compensation.

How to File for Workers’ Compensation

When filing a workers’ compensation claim, it is imperative that you follow the steps below to ensure you are eligible.

  1. Report Your Accident. You must report your injury to your employer after the accident occurs. Tell them what type of injury and where, the time and location the accident occurred, who was involved, and how the accident happened.
  2. Seek Medical Treatment. Seeking medical treatment will not only ensure that your injuries are taken care of promptly and have a better chance of healing, but a medical professional can document your injuries and show how they are a direct result of the accident
  3. Gather Your Information. When filing a claim, there is certain information that you might be asked. It is important that you know the precise location of where the accident happened, where you are injured, contact information for any witnesses, your employer information, your doctor’s name and the hospital or clinic they work at, and your employer information.  

After you Make Your Claim

While some believe that the process is complete once you file your paperwork, it does not always end here. It is important that you follow up on your claim and keep track of how your injury is affecting your everyday life. You also want to keep receipts of your expenses that are directly related to your injury.

What if my claim is denied?

There are some reasons that a workers’ compensation claim could be denied. If this is the case, you should consider hiring an attorney who works with workers’ compensation claims regularly to see what the best next steps are for you. It can add even more stress to your plate if you are forced to deal with complicated legal matters.

Further questions?

If you have any further questions about workers’ compensation claims after a bus accident or would like to set up an appointment with one of the top workers comp lawyers Long Island offers today to get your free consultation.

 


 

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, PC for their insight into workers compensation and bus injuries.

Boating Accidents

Personal Injury Lawyer

Boating is a fun, relaxing hobby that millions of Americans enjoy every year. In southern states like Florida, residents and tourists spend much of their time on the water fishing, sailing, exploring local hot spots or riding jet skis.  

Like any other hobby or pastime, accidents do happen. Many people underestimate the dangers of a watercraft and because in most states, licenses are not required to operate watercraft, so boat operators are often inexperienced and uneducated. Being unfamiliar with local waters, traveling too fast, and ignoring bad weather are a few factors that can contribute to a boating accident. When an accident does occur, injuries vary dramatically and can be mild or severe. Slip and falls, drowning, broken bones, head injuries, respiratory infections and spinal injuries are among a few of the potential injuries a person can face in a boating accident. If you are injured on a boat, you should know your rights and options to recover damages from the liable party.

Like many personal injury claims, to recover damages related to an injury, there has to be proof that the injury resulted from someone else’s negligence. It is important to always consult with a personal injury lawyer who can help build a case to prove that someone failed to act with reasonable care. Aboard a boat, some example of negligence can include collision with another boat, hitting another boat’s wake, hitting a wave, or hitting a submerged object.  

When two boats collide, usually both boat operators are somewhat at fault for the collision. If you are injured due to a collision, there is the potential to have a case against one or both of the boat operators. Boating laws and rules like right of way and whether a boat was under sail or under power will play a role in determining which party will be held liable. Boat collisions can be deadly, and it is important that the operator of the boat is always driving the boat safely.

When injured due to hitting another boat’s wake, hitting a large wave, or hitting a submerged object like a rock or sandbar, fault isn’t as clear cut as in a boat collision. Sometimes accidents happen even when the boat operator is acting with reasonable care. Federal and state boating laws dictate that a boat operator must keep proper look out for safety hazards. Factors that contribute to proving whether or not the boat operator was acting negligently will include the size of the wake or wave, the speed of the boat, other traffic in the area, if boating charts display the submerged object or sandbar, and if the boat operator gave their passengers warning of a big wake or wave.

To help protect themselves against a potential lawsuit, boat operators can take steps to ensure the safety of their passengers. Carrying and maintaining all federal and state required safety equipment like life jackets, navigation lights fire extinguishers could save a boat operator from being found negligent. A boat operator should stay hydrated, refrain from drinking alcohol, and not operate the boat while fatigued.

Many states, like Florida, do not require boaters to carry an insurance policy. This poses a problem for a person injured on a boat and looking to recover damages for their injuries. A boating accident could result in medical bills, property damage, lost wages, loss of earning capacity and pain and suffering. Often, the claim ends up being against an individual person rather than an insurance company which can limit compensation for damages.  

If you are injured in a boating accident, it is important to consult an experienced boating accident lawyer Delray Beach, FL trusts to help you recover the damages you deserve. Lawsuits involving watercraft can be complicated and an attorney will know how to effectively guide you through the process.

 


 

Thank you to our friends and contributors at The Law Office of Eric H. Luckman, P.A. for their insight into boating accidents and injuries.

Dog Bite Injury

Personal Injury Lawyer

Everyone loves dogs! Dogs are a man’s best friends, women included. However, this does not mean that dogs are not capable of vicious acts. Every year there are hundreds of instances where someone, woman, man, child, or elder, has been attacked or bitten by a dog. There are several injury types that can stem from dog bites; this is why it is important to understand what needs to be done immediately following an attack from a dog, especially a bite.

There are legal steps that may need to be taken if the dog is not your own, however, no matter whose dog, seek medical attention as soon as possible if bitten. Certain steps include:

  • Seeking medical attention. Like any other puncture wound, if you suffer a dog bite you are prone to infection. Be as careful as possible to not leave the wound open, but do be sure to take photos immediately so that a record of the damage is properly kept.
  • If any one saw the incident occur, ask for their contact information so if you decide to take legal action you have as much proof as possible to prove your case and help you receive the compensation you are seeking.
  • The owner of the dog, or whoever is responsible for the dog should provide you their information also. This helps when corroborating the dog’s vaccinations with your injuries and also keeping in touch regarding insurance.
  • If a random stray dog attacked you, contact animal control immediately. When you file a report with animal control, they are able to pick the dog up and this will help with avoiding an attack on another person.

When building a case for a potential personal injury lawsuit it is best to document everything as it pertains to the dog bite. This means keeping all medical records and bills, writing down a log of the day, explaining what happened right before you were bit and shortly thereafter. Take photographs of your injury from day one, and throughout its healing process. Keep a journal how your injuries have affected your day-to-day life, and do such with as much detail as possible. The more documentation you have regarding your dog bite, the better for your case and possible compensation.

If you or someone you know has been attacked or bitten by a dog, be sure to speak with a personal injury attorney Dekalb County, GA trusts that will be able to gather the facts of your case and negotiate with insurance companies on your behalf.

 


 

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury and dog bite claims.

Modifying Alimony Awards in Memphis, TN

Modification of alimony depends first on the form of alimony awarded, and then on the specific facts applicable to each case. Three of the four types of alimony may be modified under certain circumstances: alimony in futuro, rehabilitative alimony, and transitional alimony.  Alimony in solido cannot be modified under any circumstances, except by the agreement of the parties. Each of these types of alimony awards may be awarded during a divorce or legal separation and can be explained by the family lawyer Memphis, TN trusts.

Modifying Alimony in Futuro or Rehabilitative Alimony

Generally, both of these forms of alimony remain in the court’s control for the duration of the award and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances. A change in circumstances is “substantial” when it significantly affects either the obligor’s ability to pay or the obligee’s need for support. A change in circumstances is “material” when the change occurs since the date the alimony was ordered, and the change was not contemplated by the parties at the time of the award of alimony. When determining whether a modification of an alimony award is justified, the court must give equal weight to the need of the recipient spouse and the ability of the obligor spouse to pay.

One basis for a modification of an award of alimony in futuro may be the obligee’s cohabitation with a third party. Specifically, T.C.A. § 36-5-121(f)(2)(B) provides a rebuttable presumption in all cases involving alimony in futuro, where the alimony recipient lives with a third person, either that:

(i) The third person is contributing to the support of the alimony recipient and the alimony recipient therefore does not need the
amount of support previously awarded, and the court therefore should suspend all or part of the alimony obligation of the former
spouse; or

(ii) The third person is receiving support from the alimony recipient and the alimony recipient therefore does not need the
amount of alimony previously awarded and the court therefore should suspend all or part of the alimony obligation of the former
spouse.

However, such presumption does not automatically terminate the obligation. Rather, it requires the obligee to show a continued need for the support. As it relates to rehabilitative alimony, the court may modify the award if the recipient spouse is not able to become rehabilitated, despite reasonable efforts to do so. The court may modify the rehabilitative award, where doing so may lead to rehabilitation, such as where the recipient is not able to complete an educational program in the time allowed, due to illness, but may be able to do so with additional rehabilitative alimony. On the other hand, if rehabilitation is not feasible, the court may also order in futuro support, instead.

Modifying Transitional Alimony

Transitional alimony shall be non-modifiable unless:

(A) The parties otherwise agree in an agreement incorporated into the initial decree of divorce or legal separation, or order of
protection;

(B) The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or

(C) The alimony recipient lives with a third person, in which case a rebuttable presumption is raised that:

(i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the
amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former
spouse; or

(ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.

T.C.A. § 36-5-121(g)(2). Once a substantial and material change in circumstances has been demonstrated, a court will take into consideration the alimony factors to determine what, if any, modification should be granted.


Wiseman Bray Attorneys

If you are in need of help with alimony issues, including enforcement or modification of alimony, or have other family law related questions, and need counsel to discuss family law issues, call or schedule a consultation with our family lawyer Memphis, TN attorneys at Wiseman Bray PLLC today.  Call our office at (901) 372-5003 to ask for a consultation!

Trucking Accident near Memphis, TN Causes Severe Injuries

Over this weekend, Erica Baggett and her family were heading to Mississippi from Nashville, TN for a football game when her husband says they were T-boned by an 18-wheeler near the Mississippi-Tennessee border.  According to news reports, Ms. Baggett was rushed to Regional One Health in Memphis, TN and is still receiving treatment.  Her son and husband were also in the car at the time of the accident, and a GoFundMe has been setup to help the family with rising medical costs as a result of this horrible accident.

What to Do Following a Collision with a Commercial Truck or 18 Wheeler

More than likely, you will require immediate medical attention after a truck accident. This is because most of these collisions involve serious and possibly even life-threatening injuries. After recovering, you should call a trucking accident lawyer Memphis, TN trusts. An attorney from our firm can arrange to meet you in a hospital or at your home. We may help you to file a police report if this has not already been done. If you are the parent, child, spouse, partner, or other immediate family member to a person who was incapacitated or killed in a truck accident, we encourage you to call Wiseman Bray immediately. We can help seek recovery against the driver of the truck and his/her company for damages they may have caused, including medical expenses incurred by you.

When to Consult a Memphis Trucking Accident Lawyer

Every year, thousands of people are injured in truck accidents in the United States. While the cause of each of these is different, there are typically similar factors involved–usually, negligence or carelessness. When this holds true, you may be able to seek legal representation to receive monetary compensation. Examples of negligence include:

  • Failing to signal
  • Reckless driving
  • Driving under the influence
  • Lack of driver training or experience
  • Speeding
  • Load violations
  • Faulty parts
  • Tire blowout
  • Broken axle
  • Brake failure
  • Improper maintenance on the truck
  • Poor road or weather conditions

It’s possible that more than one of the aforementioned was involved in your accident; for example, poor weather conditions could have exacerbated the effects of a tire blowout from an overloaded truck. Even if the cause of the accident is not listed above, you should contact a trucking accident lawyer Memphis, TN residents regularly consult for further advice.

What to Do When You Are Contacted By the Other Party’s Insurance Company

Sometime after your accident, you may be contacted by the insurance adjusters of another party. They may be seeking information about the collision or wish to get a statement from you. They might also claim to take responsibility for what happened, and follow up with a settlement offer. As tempting as this will be, it is in your best interest to decline everything. They are not on your side, and will be trying to settle for much less than you deserve, including payment for medical bills incurred by you, lost wages, pain and suffering, etc. At this point, you should seek further advice from a trucking accident lawyer Memphis, TN prefers from Wiseman Bray.

For Your Truck Accident Lawyer, Count On Wiseman Bray

When you are seeking a law firm who can offer a successful trucking accident lawyer Memphis, TN recommends, there are many to choose from, but there is only one like Wiseman Bray. For years, we have been fighting for innocent victims of truck accidents. Guided by our confidence, zealous approach, and determination to get results, we are recognized as a law firm who can offer a skilled trucking accident lawyer in Memphis, TN. To arrange a free consultation with one of our truck accident lawyers, please call 901-372-5003.

What Procedure Should I follow if a Family Member is a Victim of Medical Malpractice?

Personal Injury Lawyer

Every individual should know what they can do to protect themselves in the unfortunate event of medical negligence. If you or a family member has been a victim of medical malpractice, then we have a few guidelines that will help uncomplicated the process of filing a malpractice lawsuit.

Here we detail a few key areas that you need to be aware of if you decide to file a lawsuit against a medical practitioner or hospital for negligence. There is a statute of limitations, a cap for non-economic damages, and a good deal of paperwork involved in the procedure. We hope that the breakdown of the procedure will give you more confidence and clarity when it comes to protecting your rights.

The Statute of Limitation for West Virginia

In West Virginia, if you decide to file a medical malpractice lawsuit for injury or even wrongful death, you need to file the suit within two years of the event occurring. If the result of medical negligence was only discovered at a later date, then the case needs to be filed within two years of the discovery. However, there is a ten year limit from the time of the perceived malpractice after which a lawsuit cannot be filed.

If you feel that you or a family member is a victim of medical malpractice and you would like to file a lawsuit you should contact a lawyer to guide you through the process. Your lawyer will be able to tell you if you are within the statute of limitations, especially if the negligence was only discovered sometime after the treatment was received.

Paperwork involved

Don’t be intimidated by the amount of paperwork involved when filing a medical malpractice lawsuit – your lawyer is there to help you with the details. Here are the some of documents you will require as part of the procedure, in West Virginia:

  • 30 days before you file a lawsuit you need to send a formal notice of claim and a screening certificate of merit to the hospital or doctor/doctors who are being sued. The notice along with the screening certificate have to be sent by certified mail. There are specific details that need to be included in the notice of claim and the screening certificate, and your lawyer will keep you informed about that. Without these prerequisite documents, you will not be able to proceed with your case.
  • You will also need a copy of all medical record pertaining to the case. Your medical malpractice attorney trusts should also receive a copy of the medical records.
  • And finally, there is the actual filing of the lawsuit. It is absolutely necessary to have a lawyer do this for you to avoid any problems later.

Cap on damages

In West Virginia, there is a cap on non-economic damages that can be claimed. The amount is set at $250,000/- and can be increased to $500,000/- for more catastrophic injuries and for medical malpractice injuries that result in a wrongful death. There is no cap on economic damages like loss of income or costs of past and future medical care.

FAQs About Suing My Child’s School

Personal Injury Lawyer

Was your child injured, bullied or harmed in some way at school? You may be wondering if you can sue the school, teacher, staff or parents of another child. If you’re like most people, you don’t have a lawyer on retainer. So our experienced team of lawyers created this document to answer some of the most frequently asked questions parents may have if their child has sustained injury at school.

A lot can happen on the playground, and kids can get hurt. It’s normal and to be expected. That’s why many states have laws prohibiting lawsuits against schools for student injury. But when does it become a matter of negligence or intentional harm?

Here are answers to some of the most frequently asked questions we receive from new clients:

  • Can I sue if my child was accidentally injured at school? Possibly, if you can prove negligence on the part of the school or school officials caused the harm to your child.
  • Can I sue if my child was emotionally injured at school? Did a teacher or school official shame your child or make an unfair example of your child? Was a school employee verbally abusive to your child? Has there been sexual harassment? Did the school allow your child to be bullied by another student or students? Can you prove this abuse caused academic problems for your child?  These kinds of cases can be difficult to prove, but not impossible.
  • Can I sue another child’s parents if their child harms my child? It is unlikely you will be successful in suing another child or their parents. Young children typically are not held legally responsible for their conduct. Exceptions do exist, such as in the case of older, teenage children, sexual harassment or especially egregious situations.
  • Can I be sued if my child harms another child? See the above answer. Again, it is unlikely, but not impossible.
  • Can I still sue for negligence if I signed a liability waiver? In some cases, yes. Even if you sign a liability waiver for school sports or a field trip, the school can still be held responsible if they acted negligently.
  • Can I sue a private school? In many cases, yes. Private schools are not under the same laws and mandates as publicly funded schools.
  • What kinds of damages can I recover? Damages can be difficult to prove. There are three main types of recoverable damages in a personal injury case: compensatory, general and punitive damages.

Every situation is unique. It is imperative that you consult with the best personal injury law firm in Philadelphia to discuss the specifics of your child’s potential case. Laws vary widely between different states and counties. If you can prove negligence and suffered documented damages, you may have a case.

 


 

Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into school injuries and personal injury cases.

Why You Need an Attorney During Estate Litigation After a Loved One Passes

Estate Planning Lawyer Memphis, TN

Estate litigation often involves disagreements between family members of the testator regarding legitimacy, or what is included in the will. An attorney understands just how painful this can be, especially when family members are trying to grieve the loss of their loved one. They will do what they can to answer any questions you have, and represent you during the case if needed.

Here are just a few examples of the types of questions estate planning attorneys hear during consultations with clients regarding estate litigation:

What does it mean for someone to have the mental capacity to write a will?

A person who creates a will must be aware of the extent of their assets and be able to identify beneficiaries. A family member that believes the testator was not of sound mind when he or she wrote the will, may come forward to request estate litigation.

If the testator had a mental illness, is that the same as mental incapacity?

If a person has a mental illness, this does not necessarily mean they are not able to make sound decisions. A testator that has been diagnosed with depression, anxiety, paranoia or another type of mental illness, may still have the ability to write a valid will to carry on their legacy to loved ones.

Why may the validity of a will be questioned?

Estate litigation may happen for multiple reasons. A relative of the deceased who thought they would receive a portion of the estate, but came to find out he or she did not after all, may contest a will out of pure spite of being left out. The will may be questioned if there were no witnesses present when the document was signed, or if a family member worries that coercion may have been a factor.

What does it mean if a testator was coerced in regards to their will?

The testator may have been pressured by another party to write certain things into the will, so that the coercer can receive a portion of the assets they desire. Those who are particularly susceptible to coercion are those of elderly age, are easily manipulated, or have a disability.

What if the will executor is not following the wishes of the testator?

Beneficiaries and loved ones of the deceased may come forward to report that the appointed executor has been negligent with the estate. The executor may be failing to abide by the testator’s written wishes, withholding rightful assets designated to certain beneficiaries, or otherwise acting in a manner that is for one’s own benefit.

Please reach out to Wiseman Bray, PLLC today to book your consultation with an estate planning lawyer Memphis, TN trusts so that they can assist during your healing process to make estate litigation a little bit easier.