Because of just how big a commercial truck is, when these vehicles get into accidents, they cause a whole class of property and bodily damage unto themselves. It’s one of the reasons why the specifics of an accident with a truck may often require the legal attention of a law firm with people experienced in the unique characteristics of a truck-related accident.
It’s not just the size of a truck that makes these vehicles such distinct cases. Because trucks are designed specifically to haul freight and are only on the road for commercial purposes, this brings in many unique considerations in terms of cause, consequence and the final outcome of a lawsuit. For example, there’s one specific cause for trucking accidents that far outweighs its counterpart in normal car-related accidents, and that is fatigue. But why?
People may get into cars and drive for any number of reasons, including going to work, getting groceries or just driving out to the movies or restaurant. But truck drivers are on the road for just one reason; to deliver a sizable bulk of goods to a destination within a... read article
The decision to go to trial for a lawsuit involving personal injury or even wrongful death should never be entered into lightly. A trial can be a long and grueling process, and sometimes it may take years to get a legal resolution. But regardless of whether you’re in a criminal trial, or your own civil trial for a lawsuit, there are two things that remain the same; the presence of the jury and the judge. But who is the judge, and why is he or she even there?
Not The Final Arbiter
The presence of the jury is obvious, once it has been explained. A jury is a group of people—in the case of a civil trial, six people—who have been selected to attend the trial. They are the decision makers for whom evidence must be presented, arguments made, witnesses and testimony given. And finally, after final, closing arguments are complete, it is the jury that must deliberate, and reach a decision about whether to award or deny damages in a lawsuit.
In other words, they actually decide the outcome of the trial. So if that’s what they... read article
For a lot of homeowners, there’s a bit of folklore that gets around about the frightening case of a home intruder breaking into a house, getting injured somehow, and turning around to successfully sue the homeowner. For many, this feels like a complete betrayal of the justice system, since breaking into someone else’s home is obviously a criminal act. So why should a homeowner get sued for someone else’s illegal actions that got them—some would say rightfully—injured?
There are some unbelievable cases of burglars actually attempting to sue homeowners, though in most of those cases, the lawsuit, for understandable reasons, fails. However, there is one negligence lawsuit against the property managers of a school that did go in favor of the would-be thief. In the 1980s, in California, 18-year-old Rick Earl Bodine climbed to the roof of a high school gymnasium to steal a light from on top of the building. Having stolen one, he moved to steal another when he fell through the skylight, landing in the building and becoming a mute, quadriplegic in the process. He sued the school and was awarded $260,000 upfront... read article
Going to court for a personal injury lawsuit is, in most cases, about a person taking a negligent but responsible party to task for physical damage. The most common types of personal injury cases are traffic accidents, where people get hurt in the collision, or “premises liability” cases that occur on a property. In premises liability cases, the injuries can run the gamut from slipping and falling on an unsafe surface, to falling down a flight of uneven, improperly maintained stairs.
But there’s one type of injury that can have a major impact on a person’s life, and sometimes even lead to a slower, painful death. That injury is the contraction of an illness, and premises liability covers this type of injury as well.
Health Is A Responsibility
The most common example of a premises liability-related illness occurs in restaurants. That’s not a big surprise as the mouth is the one part of the body that we constantly expose to “foreign matter,” in this case, food. There are plenty of ways for food to make a person sick, which is why restaurants are required, by law, to maintain strict standards... read article
Most of the time when we discuss various aspects of a personal injury or wrongful death lawsuit here, we’re working under the assumption that you’ve already made up your mind. You want to pursue a case in court, and you’re just looking for the right attorney to take on your case, and guide you to a successful resolution.
But what if you’re not there yet? What if you’re still processing what just happened to you, or someone close to you, and you’re just thinking about it? What are the things you should be considering before taking a case to court?
Do You Have A Case?
First and foremost, this should be the question you consider, because if the answer isn’t “yes,” then every subsequent thought and action falls apart. A lawyer who is evaluating your own potential for a personal injury lawsuit is going to be trying to arrive at this answer, and if they feel the answer is “no,” then your endeavor to go to court is likely to end on the spot.
You must have strong grounds for a negligence or wrongful death case. An elderly parent... read article
If you’re in the unfortunate position of getting involved in a traffic accident, there’s going to be a lot to process. Understandably, it’s going to be difficult under such circumstances to maintain a cool head, and start thinking pragmatically about how to proceed next. And yet, at the same time, being able to do so at the scene of an accident can be one of the best things you can do for yourself, especially if the other driver was at fault.
If there is significant damage, or worse yet, injury, that is involved in your accident, you’ll want to have as much information and evidence in your favor to assign fault and make sure that the people responsible are held liable.
With the right kind of information and evidence, what might have initially looked like a painful case to resolve in court could be quickly dismissed as an accident where you are owed compensation. But it all hinges on you being able to provide the evidence that shows you’re in the right. Taking photos of the accident can often be one of the most efficient, direct and, most important... read article
Most people think of vehicular accidents as something that only happens between cars, trucks, and motorcycles, perhaps even the occasional cyclist. The one thing all of these vehicles have in common is that they are on the road. However, a pedestrian, that is to say, someone that is outside and is walking on foot, spends most of that time on sidewalks, and only occasionally cross the street.
It’s easy to think that because of this, pedestrians don’t have to worry about collisions with vehicles, but sadly this is not the case. People can—and are—hit by cars and other vehicles in Florida and throughout the country. In fact, in 2017, Florida suffered 303 pedestrian-related accidents, making it the second highest in the country, surpassed only by California at 352.
One of the chief reasons for Florida having such a high rate of pedestrian fatalities is, ironically, because the state is so friendly to cars. City planning in many parts of Florida has centered around accommodating the needs of drivers, not pedestrians, and so there are many areas—even residential—where sidewalks don’t even exist. This forces pedestrians to walk on... read article
The single, biggest difference between a person driving car, van, or SUV and a person driving a professional, freight hauling truck is cargo. Even if you’re coming from an electronics store with your new TV in the vehicle, that’s nothing compared to the literal tonnage of wheat, vehicles, furniture, liquid fuel or even livestock that a professional truck may be hauling to another destination.
And sometimes, it is the cargo that a truck is carrying that can cause an accident on the road. But how and why?
Different types of cargo will have different effects on the weight, balance and physical behavior of a truck. A tanker truck that is only half-full with fuel, for example, is actually going to behave differently in terms of motion and inertia compared to a full load. A truck that is carrying logs needs to be secured in a very different way from a truck is carrying a full load of horses or cattle.
All of this means that hauling the freight, especially in this weight and volume, can carry special challenges and considerations that aren’t always addressed. For example, steel pipes... read article
Florida enjoys a mild, warm climate and temperature all year round, it’s no surprise that water-related activities are one of the most common and popular pastimes in the state. With sun, warm weather, and a good chunk of the state surrounded by ocean, it just makes sense to take to the water either in large luxury watercraft, or getting in some adrenaline on a single, personal, high speed vehicle.
But there’s one aspect of enjoying the water that a lot of people forget about. Worse, they may remember, but deliberately ignore it for the sake of convenience or fashion. This aspect is, of course, water safety, and the fact that life jackets are required on boats.
Present But Not Required
One thing that is clear about Florida law and lifejackets is that they must be present on watercraft. If you’re wa-ter skiing, or on a vehicle like a jet ski, or any other personal water vehicle then the life jacket must also be worn. However, when it comes to children, any child under the age of six MUST wear a life jacket, especially if... read article
Getting hurt, or, worse yet, a loved one losing a life due to the negligence of someone else, is one of the worst and most unfair things that can happen to anyone. Unfortunately, in many cases, an accident, even one resulting in serious injury or death, is not considered a criminal act. However, that doesn’t mean that people can’t get justice. This is the reason why personal injury and wrongful death lawsuits exist, and, like a criminal trial, these lawsuits must present arguments to a jury, and rely on that jury of peers to arrive at a decision of whether to award the lawsuit or not.
This means that you’ll want to have a case handled by seasoned lawyers. But how do you go about making sure that you make the right choice? You need to keep a few key considerations in mind as you begin your search.
Know What Your Problem Is
Just like with doctors, lawyers have different types of focus and specialization. So a financial lawyer is going to be very helpful with money matters, whereas a family law lawyer would be the person to talk to... read article