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Steps Used by a Philadelphia Injury Lawyer During a Personal Injury Case Involving a Truck

If you have been injured in a truck accident in the Philadelphia area, first and foremost, get medical treatment if you need it. The next most important step is to protect your rights after a truck accident by hiring an experienced Philadelphia injury lawyer.

Truck accident lawsuits are very different from car accident lawsuits for several reasons. The government regulates the trucking industry in a whole variety of ways. For instance, the Federal Motor Vehicle Safety Regulations (FMVSR) require trucking companies to purchase at least $750,000 in liability insurance. Usually more insurance coverage is available depending on whether the driver is independent or captive to the company hauling the merchandise.

A personal injury lawyer who handles trucking accident cases has to follow a process in handling these types of cases. Stuart A. Carpey and the law firm of Kreithen, Baron and Carpey, P.C handles these cases and has for years. In the proper case, your lawyer should immediately try to preserve the evidence. To do this suit usually has to be filed first. To make sure the evidence is not destroyed Mr. Carpey says a lawyer must utilize “preservation letters” to every potential person that may have important evidence in the case. Federal law 49 C.F.R. § 395.8 requires that potential evidence be kept for six months, but the preservation letter ensures that evidence must be kept until the end of the potential civil trial. If evidence does disappear, these letters will help prove notice in a spoliation claim.

All evidence in a truck accident case is extremely important for two reasons. First, it can be used to prove liability in the case, and second, it can be used to identify all potential defendants in the case.

In certain cases it may be necessary to actually secure the truck. Trucks move, and when they move, evidence can be lost. So your lawyer will immediately try to find the truck and make sure no one manipulates it. Lawyers for the trucking companies and their insurance carriers will likely be doing the exact same thing, and it is important for a personal injury lawyer to investigate the vehicle, check its “black box” and any other evidence on board that is pertinent to the case. The black box may record the last time the trucks brakes were applied, and the speed it was traveling. Moving the truck may erase this evidence and replace it with new data. Even though the police at the scene filed an accident report, it is still very important to inspect the truck involved. If the trucking company uses a service such as Qualcomm, your lawyer may be able to tell where the truck has been over the last days. Your lawyer can compare that to the driver’s log books to check the accuracy of these records, and see if the driver had been driving too much.

Mr. Carpey says it may be necessary to hire an expert to inspect the accident victim’s car, to check any on board evidence there as well. Evidence including the speed the vehicle was traveling may be discerned from an investigation of the car.

Mr. Carpey also advises the following. “The evidence at the scene of the accident is often quickly removed, so it is essential that the victim or someone on his or her behalf take photos of the accident scene to preserve the evidence. Pictures should be taken of all vehicles in the accident, injuries, and the physical location and circumstances around the accident.

I also caution my clients not to talk to insurance representatives, provide a statement, or sign any documents without consulting with me first. The insurance company may seem sympathetic, but in reality, their agents are trying to get you give them information which will limit your claim. By speaking first with your lawyer, you can ensure that you will not harm your case. Also, do not discard any evidence such as clothes or cell phones because anything remotely connected to the accident may be valuable in your case.”

A Philadelphia personal injury lawyer handling a trucking case will then begin to delve into the specifics of the case, checking drug and alcohol use records, the driver’s license and qualifications of the truck driver, insurance requirements of the trucking company, driving rules about fatigue, schedules, and inspections, the number of hours the truck was in service, truck inspections, truck repair and maintenance requirements, and any hazardous materials the truck may have been carrying. Your lawyer will check the weather conditions at the time of the accident, the history of accidents that occurred at the accident site, the condition of the road, and many more items of interest in recreating the accident scene.

A Philadelphia injury lawyer will check telephone records, faxes regarding the truck route, the accident report, internal accident reports from the trucking company, the driver’s logs, dispatch records, the trip summary, driver’s credit card receipts, weigh tickets, state entry and departure records, expense sheets, contracts, inspection records, maintenance records, vehicle history, any documents the trucking company has about the accident including disciplinary records, government records, employment records, driver’s medical records, drug test results, annual reviews, and the trucking company’s policy and procedure documents.

Hiring a Philadelphia injury lawyer quickly can avert potential downfalls in the truck accident case. This is because a Philadelphia injury lawyer understands how to use the evidence they find to prove liability in a trucking accident case. On a case by case there may be other potential defendants other than the truck driver and his or her employer. A Philadelphia injury lawyer will try to find every liable defendant in order to get the best compensation for his clients.

About the Author

Sue McCrossin is a freelance writer working with personal injury lawyer Philadelphia, Stuart A. Carpey, to inform motorists in Pennsylvania about their rights if they have been injured in a trucking accident in the state. To learn more about injury attorney Philadelphia, please visit our website.

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Understanding South Carolina Workers’ Compensation

Everyday across America people are injured on the job. Sure, accidents happen, but what happens if you are injured on the job? Maybe you suffer from a small injury, such as a cut or bruise. Maybe it is something more severe, such as a broken arm or injured back. Or worse?

Obviously, one of the first things that you are concerned about is getting better, which involves medical care. Soon afterwards you’ll realize that it goes beyond that. An on-the-job injury can cause you to lose wages that you and your family depend on, making it difficult or impossible to pay the bills. You might not be able to work in the type of setting that you did ever again, based on the seriousness of your injury.

Workers’ compensation began in the early 1900s. The idea is that employers pay for occupational injuries regardless of whose fault it is. By assuming these costs up front, via insurance companies, employers don’t become engaged in law suits from employees working to prove the company’s so the injured employee can get compensated for medical treatment, disability, and lost time.

During the course of your job, if you are injured, within 90 days you must report the injury to your employer. It is recommended to report the injury in writing, in case you need to provide proof of the report later on. Your employer is required to refer you to a doctor and to let their insurance company know that you have been injured. After that, the insurance company notifies the SC Workers’ Compensation Commission (WCC).

In accordance with South Carolina law, the majority of businesses with four or more employees are required to have workers’ compensation insurance. It is through this insurance that you, as the injured employee, receive medical care and reimbursement for lost wages and any resulting disability. Unfortunately it is not always as simple as it seems.

Your employer the workers’ compensation insurance company, are motivated to keep their costs to a minimum. For example, they may make you see the doctor that the insurance company of your employer uses. You must submit forms to the insurance company to prove any out-of-pocket costs, including mileage to and from your doctor’s appointments. You must also keep track of and be able to prove the wages that you would have made if you had not suffered the injury. It is disappointing, but regardless of how good your relationship was with your employer prior to the accident, sometimes conflicts arise.

In order to defend your rights in a workers’ compensation situation, speak with a lawyer soon after the injury occurs. Usually, South Carolina workers’ compensation lawyers offer a free consultation and then work on a contingency fee basis so that you do not have to pay for any of the lawyer’s fees yourself if you do not win.

About the Author

Shelly Leeke is a personal injury and worker’s compensation attorney in Charleston, South Carolina. She offers free reports and books for accident victims and their families. Find out more about what to do if you are injured at work: =>
Leekelaw.com

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Florida Slip and Fall Cases – Disney World – Expert Advice

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Disney World – Florida Slip and Fall Case

Question: The first day of our Disneyworld vacation it was a little rainy out and while walking down the stairs at the resort, I slipped and fell down a flight. There are no step grips or signs stating caution or anything.  I did notify the manager and received ice packs for my bruises.  My leg was pretty bruised up and my back was a little sore.  Needless to say it ruined half of our vacation time. Is there anything I should or could do?

Answer: In a Florida slip and fall you have the right to make a claim for injuries, medical bills, pain and suffering, and lost wages when you are injured as a result of another party’s negligence. Your injuries may heal on their own in the next few weeks, or they may not.  So it is important to take a few steps now that will protect your rights in the future.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall.  Your email does not say where you live but you will most likely want to speak with a slip and fall lawyer in Florida.  Because your accident occurred in Florida, it will be controlled by Florida law, and any lawsuit that may need to be filed will need to be filed in Florida.  Laws vary from state to state, so it is best to speak with a slip and fall lawyer in Florida.

Depending on what resort your accident occurred at, there are slip and fall lawyers in the Orlando area that specialize in claims against Disney World. Between the different amusement parks, hotels and activities going on at DW, there are thousands of claims that occur there every year.  Your email doesn’t indicate whether it was a Disney resort, or just a resort in the Disney area.  You may be surprised to learn that you are not the first one to slip in this area at this resort.  Either way, you have a claim, and you should look into it.

Your email also doesn’t indicate whether you are still at the resort.  If you are, you should take several photos of the area where you fell, closeups and photos from a distance to give perspective on where the accident occurred, and why the area was wet.  You also want to make sure the manager fills out an incident report, and you get a copy of the report, too.

Keep in mind, at least in a Florida slip and fall, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall.  You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall, i.e. that the area you fell at gets wet often, or becomes slippery when wet, or that they failed to maintain this area in a reasonably safe condition.  Generally, a property owner only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  This means that if this is an area that regularly gets wet when it rains, the resort should have taken steps to make sure that it protects its guests against the slippery area, or at a minimum, warns guests about the slippery area.

There is probably Medical Payments Insurance coverage available to you. “Medpay” is coverage that will reimburse people that get injured on the property for out of pocket medical expenses.  You need to get a copy of the property manager’s insurance policy to see whether they have medpay, and if so, what are the medpay policy limits.  You can obtain this by contacting the resort, or if you retain a Florida slip and fall lawyer, they will know how to get the information.

Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that exists against the resort, the specific nature of the injuries, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future.  Lost wages and loss of future earning capacity can also be recovered in Florida.  Additionally, the effect the injuries had on your vacation, and on your family, can be factored into a settlement demand or jury verdict.

You should contact a Florida premises liability attorney soon.  There are many steps your attorney should take now, i.e. notify the resort and the insurance company for the resort, find out what types of insurance coverage is available, make sure photos have been taken of the area.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. You also want to make sure that you seek medical care to document your injuries now, and how they occurred, rather than wait to see if the injuries go away.  Delays in seeking medical care can hurt your chances of a recovery when you try to settle the claim

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  So you really have nothing to lose by at least speaking to a Florida slip and fall lawyer to find out whether you can pursue a claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

About the Author

South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

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Technology to prevent truck accidents

Safety devices in automobiles gain in their ability to save lives each year. Since the 1960s there have been significant additions to the automobile in response to injuries and fatalities that resulted from vehicle collisions. For instance, safety glass and anti-lock brakes now come standard in all vehicles. However, it was the invention of the seat belt – and in particular the shoulder harness – that may single handedly be the most valuable safety invention for drivers and passengers alike. Moreover, with seat belt use at 98% across the country they will continue to save thousands of lives each year.

There are some exciting new safety measures currently in the design phase. One of the most interesting of these is anti-collision technology. Also known as radar safety systems for automobiles, they will have the potential to make sophisticated reversing and anti-collision safety moves. Don’t misunderstand. It will not prevent full blown crashes –at least not for a while. But they offer up to a 16 foot rear and 25 foot forward range of motion detection. It requires the use of low frequency components with a field of view that is completely programmable. This allows the system to intelligently adapt as the vehicle’s steering wheel changes direction. Actually the design principles of collision avoidance have been in place for years – but until recently the production of these systems has been cost prohibitive. Modeled after defense technology it uses a frequency band that is commonly used in wireless consumer products. A company in the United Kingdom has developed a system that requires only four radar modules and one electronic control to provide 360 degree protection. This technology is still several years away from becoming a regular feature in automobiles – but the day is near when anti collision radar systems will come standard in automobiles.

An auto stunt driver in a recent hit movie bragged that he had made his car ‘death proof’ by adding such things as a cage and a five point seat belt. In fact, auto engineering has lately accepted the challenge of creating cars and trucks that could be death proof. One foreign auto manufacturer is promising to have an injury proof car on the market by 2020. Let us consider some of the research behind this idea.

Studies have shown that when people are scared they freeze up – and few things are more frightening than an auto accident. Research has shown that it takes the average driver 1.1 seconds to realize they are headed for an accident and react by applying pressure to the brake. This is a significant amount of time considering that if even 10 M.P.H. the number of auto fatalities could be cut in half slowed a car – it is easier to understand the value of a second. Furthermore, research has also shown that in over fifty percent of rear end collisions the brakes were never even applied. So auto safety engineers are now operating under the premise that if the car is able to make a calculated decision about an impending accident then there will be fewer accidents. In other words, in some of our current automobiles – and those of the future – digital technology will take some of the decision making away from the driver altogether.

Another safety measure is a precollision prevention system. Through the use of lasers, infrared sensors and cameras the automobile itself is able to detect obstacles ahead on the road. Should an obstacle appear then a warning light and an alarm alerts the driver of the impending collision and at the same time the car itself begins to prepare for the accident by automatically tightening passengers’ seatbelts, engaging the airbags and actually (in some instances) applying pressure to the brakes themselves.

Yet another safety feature aids drivers keep track of vehicles around him or her that are actually in their blind spots. This will be done in addition to other safety checks that will  rely on information received from satellites talking to on board computer systems constantly monitoring road conditions ahead on the road including obstacles, accidents and dangerous turns. The car will then be able to make a decision about the best course of action for a driver to take. This might be anything from applying the brakes to swerving the car to avoid a head on collision. It may even make choices based on perceived assessment of risk – opting between the lesser of two difficult situations.

In all reality, it is unlikely that vehicle fatalities will ever totally disappear but a dramatic reduction in deaths and injuries is more than just a distant possibility – it’s near to being a reality. In the meantime driver error is the main cause of accidents so let us take a moment to quickly review some driver safety tips.

First, keep your eyes and attention on the road in front of you. Driver distraction is one of the leading causes of accidents in this country. When a driver is eating, talking on the phone, fixing make-up or shaving, changing radio stations or otherwise behaving distractedly they risk causing an accident. Recently, texting while driving has become such a widespread cause of collisions that many municipalities are passing legislation to prevent it.

A second leading cause of accidents is driving under the influence of alcohol, prescription medicine or illegal drugs. Half of all accidents are alcohol related in the Houston area. If you are going to engage in a night of partying and drinking then choose a designated driver who will agree to hold the keys and remain sober for the evening – acting in the role of chauffeur.

Speeding or otherwise breaking the rules of the road is a third cause of accidents. Remember to leave safe distance between your car and those around you and signal so the other drivers are aware of your intentions. Finally, always be sure that you and your passengers are safely belted into their seats.

About the Author

James Blatt is a renowned author on the latest technologies of automobiles. Besides being an automobile expert, he has written many articles on Houston Truck Accident Lawyer.

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what is the coast for a lawyer in texas ,for first time DWI?

Like everything, it depends on how much you are willing to pay….minimum, $1000. For decent representation, $2000.

Bexar County Criminal Attorney | New Braunfels Criminal Lawyer | Texas

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Lawyer is failing on me, READ BELOW?

I was arrested for DUI so i hired a lawyer, im only 21 in florida miami

Lawyers are the scum of the earth. Document your conversations with him and send him an email confirming what he said. He is probably going to send one of his paralegals so he can get your full amount of money and work on a different case. Lawyers suck big time.

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Good Drunk Driving Attorneys in Saint Cloud, Minnesota?

I need a good dwi lawyer in saint cloud minnesota. They need to do a free consultation and be affordable.

Try http://www.mnlawyer.org

They have what you’re looking for

Minnesota DWI Law Introduction

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Should I get attorney for auto accident?

someone hit my parked car with a tractor. (Ohio) my 1999 grand am is totaled. I konw insurance is going to offer low. should i seek a lawyer or try to deal with it on my own. I know to buy a similar car in my area anywhere from 5-7 thousand. Is this a realistic settlement??

You will only be compensated for the fair market value of your vehicle. The insurance company will not LOW BALL YOU. 99.9% of the time an attorney will NOT take your case for property damage, because they would get nothing out of it. There is also nothing they can do to get you more money. The total loss value of a vehicle is not negotiable. The insurance company will run a market evaluation of your vehicle (same year, make model), similar options, mileage and condition and come up with a value. THey will then extend the offer to you – they will also submit a copy of the evaluation to you which will show similar vehicles (same year, make, model) as your vehicle in your area, in case you want to purchase the same vehicle again. I’m sorry, but you have an 8 year old Pontiac, there is no way it is worth 5-7 thousand dollars anywhere in the United States. (BTW – the insurance companies do not use NADA or blue book – those are not accurate reflections of fair market value of vehicles).

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What are the chances of doing time in Arizona with a first offense on a DUI and no priors of any sort?

My daughter got a DUI in January and since we cant afford an attorney I need to know what shes looking at if convicted or how should she plea. Shes never been in any sort of trouble and was under the influence of marijuana when she got stopped. I live in Texas and cant do much from here except from my computer. Can anyone give me some guidance or someone I can call that can help? I dont have the money for an attorney and need to work fast because she didnt want to worry me and just told me last nite and her court is in 1 week on 4/29.
Thanks for reading my plea.

I don’t know what Arizonas required sentences for DUI are. Some States have a set amount of jail time (1 to 3 days). If they have predetermined guidelines, it doesn’t matter what her past is.

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The Funniest Insurance Claims Stories Ever Told

When insurance agencies designed their claims forms they made one very fatal mistake. They left a large, blank area for drivers, homeowners, travelers and anyone else filing a claim by hand to describe, in their own words, exactly what happened to cause their accident. These blank spots have given births to some of the funniest insurance claims stories ever told! Here’s a look at what today’s insurance professionals see cross their desks every day:

• When explaining the causes for his accident a driver stated, “I was on my way to the doctor’s with rear end trouble when my universal joint gave way, causing me to have an accident.”

• Who says that middle age doesn’t have its drawbacks? A driver stated on his insurance claim form that they had “been driving [my] car for forty years when [I] fell asleep at the wheel.”

• “I didn’t think the speed limit applied after midnight.” Huh?

• “When I saw I could not avoid a collision, I stepped on the gas and crashed into the other car.” Why didn’t we think of that?

• A Charlotte lawyer, appreciating the value of a good cigar, insured his 24 pack of rare and expensive cigars through his homeowners insurance. A month later, having quite happily smoked them all, the man then filed a claim with his insurance company to reimburse him for the cigars. His claim? That they had been lost “in a series of small fires”, which was more than covered under his homeowners insurance policy.

A judge actually ruled in the man’s favor, stating that the insurance company had found the cigars to be insurable without defining what they considered to be “unacceptable” fire, and forced the insurer to pay the man $15,000 in damages. The insurer paid the claim, then turned around and had the man arrested for 24 counts of arson. Guess who had the last laugh?

• A driver on his way to work one morning stated, in quite an irritated fashion, that he had been on his way to work that morning when he ran into a bus at the end of his drive. His explanation? The bus had the audacity to be five minutes early.

• A young wife, anxious to see her Navy husband back from an extended tour of duty on a submarine, happily traveled to the harbor and parked her car on the end of the slip where the sub was due in. With an inexperienced ensign at the helm the submarine hit the end of the slip, causing the car to take an unexpected and alarming plunge into the water. Needless to say, the cost of a new car was on Uncle Sam!

• A driver stated that, while driving through farm country, a bull “must have been tickled by a fly” because it violently gored the man’s car. The question is, what was the car doing in the meantime?

And finally…

• Only in Louisiana. An insurance claims form stated, clearly and succinctly, that the man needed to cash in on his insurance claim because “Windshield broke. Cause unknown. Probably voodoo.”

What were they thinking?

About the Author

Clifford Berman is the CEO of QuoteScout.com. For more
funny insurance stories
, visit them on the web at http://www.QuoteScout.com.

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Choosing the Right Cleveland Personal Injury Lawyer

Choosing a lawyer can be a confusing process, especially when you are also facing the personal challenges that come with an accident or injury claim.  When you are harmed in an auto accident, by a faulty product, or at the workplace, you need to find a team of experienced, compassionate Cleveland lawyers to represent your interests.  But where do you start?  How do you know if a firm is reputable?  What questions should you ask?  Following these simple tips can help you as you start the looking for a Cleveland personal injury lawyer.

Things to Consider

• Ask for recommendations.  Friends and coworkers are valuable resources when you are starting your search for a Cleveland lawyer.  Ask people you know about their experiences with local firms.  Recommendations and warnings can help you develop a list of prospective lawyers.
• Contact the Cleveland Metropolitan Bar Association.  The American Bar Association (ABA) offers referral services that will guide you to an attorney in your area.  The ABA can also help you determine whether or not your claim warrants legal action.  Contact the Cleveland Metropolitan Bar Association (CMBA) at 877-CLEV-BAR for referrals to Cleveland lawyers with the right expertise.
• See if the lawyer specializes in your particular type of case.  There are many types of lawyers, and many types of “personal injury” cases.  Accident and injury claims can, for example, involve damages related to automobile accidents, motorcycle wrecks, or defective products.  Make sure the lawyer you choose has experience representing clients with similar claims.
• Review the firm’s results.  Although some verdicts involve confidentiality, ask your potential firm for details about some of their recent personal injury settlements.
• Learn about the costs.  Although most personal injury lawyers get paid if/when their clients are awarded a settlement, be sure you inquire about any additional fees and court costs.  Ask if there are any up-front charges or consultation fees to evaluate your claim.

Other Questions to Ask

• Is your potential lawyer a member of any state or professional associations?
• Does your lawyer have any conflicts of interest?
• Does your firm have the financial resources to represent clients against large corporate entities?

Remember:  doing research and being prepared with questions is the best way to find a Cleveland lawyer who will meet the needs of you and your family.

Take the time research potential firms before choosing a Cleveland personal injury lawyer. With the help of friends, online resources, and referral services, you’ll be able to find the right Cleveland lawyer for your situation.

About the Author

Elk & Elk

6105 Parkland Blvd.

Mayfield Heights OH 44142

Truck Injury Attorney in Cleveland

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