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The Deeper Question Of Fault In Trucking Accidents

The Deeper Question Of Fault In Trucking Accidents Being involved in any kind of accident is a terrible event that can lead to major upheaval in your life. Recovery isn't easy and often involves mental, physical, and financial steps back to where you were before the accident - if you ever reach that place.

Trucking accidents are even more serious. The heavier mass of the trucks and the high impact that they can cause means that issues like death, paralysis, traumatic brain injury, and other serious injuries are far more likely to occur.

Beyond the serious injuries, there are also numerous other factors related to a trucking accident that needs to be considered. One thing that will need to be given attention is that of fault. Those who are injured in an accident involving a truck need to understand a number of things including how fault works in Florida trucking accidents, who can be held responsible, and how to go about getting the compensation that you deserve.

Trucking Accidents Fault Basics

Truck accident personal injury claims are handled in the same way that other auto accidents in the state are -... full post

The Big Challenges With Slip And Fall Personal Injury Claims

The Big Challenges With Slip And Fall Personal Injury Claims With millions of people living within the state of Florida, it makes sense that accidents would occur everyday. And while most of these - and most of those that lead to significant injuries - are related to auto accidents, there are also many injuries caused by slip and fall accidents.

Often called premises liability cases, slip and fall cases are those that involve injuries sustained while on the property of someone else. Generally, this will be a public location such as a store, parking lot, or even theme park. However, it can also be the private residence of someone else in some instances.

While these types of accidents vary greatly from incident to incident, the one thing that all slip and fall injury cases have in common is that there are numerous very significant challenges for those who are trying to seek financial compensation for their injuries.

Identifying And Proving Fault

One of the first challenges is just showing that fault exists - or even identifying it for yourself. Under Florida law, you must show that the actions of another party... full post

Technology And Auto Accidents

Technology And Auto AccidentsTechnology is such a huge part of our everyday lives that it's hard to remember a time when it wasn't. From the smartphone in everyone's pockets to dashboard integrated GPS systems to streaming video and conference calls, technology is everywhere.

And while it impacts the way we work, play, entertain ourselves, and communicate, technology also has a huge role in how we travel. Not only can it improve our overall safety while on the roads, but it could help show what happened leading up to an accident or prevent one from occurring. However, it can also cause an accident or make it harder for those involved in one to get the help they need following an incident on Florida's roads.

It's important to take a closer look at some of the different ways that technology can play a role in auto accidents and auto accident personal injury cases. Some of these ways may be obvious, but some could surprise you.

A Common Cause Of Accidents

One of the chief ways that auto accidents are caused today is because of technology. Specifically, devices like smart phones, tablets, and portable... full post

Knowing Your Rights When You Lose A Loved One

Knowing Your Rights When You Lose A Loved One Personal injury law can encompass a lot of different specific things and specific types of accidents, but in the end, the primary thing to keep in mind is simply that those who are injured by the reckless or negligent actions of someone else could be entitled to financial compensation for their injuries.

But what about those who lose a loved one to an accident? When someone dies due to the reckless actions of another party, it is what is known as 'wrongful death' and the survivors who are left behind do have rights. One of those rights is the opportunity to seek out financial compensation for their loss.

Knowing Your Rights

The first step you'll need to take is understanding what wrongful death claims involve and what allows you to seek compensation. Essentially, these types of legal claims are the same as other personal injury claims in that it must be shown that your loved one was killed through reckless or negligent actions of someone else.

This can include a wide range of things including:

Failure to provide safe working environments
Failure to correct safety... full post

When Do You Need A Workers Comp Lawyer?

When Do You Need A Workers Comp Lawyer?For people who work at a good job, with good people and, most important of all, good, fair management, there’s not much to worry about. Even if you should get into an accident at your line of work, whether that’s in a factory, or in an office, a fair-minded, employee-centric place of work will do right by you and try to make sure things are fair.

It’s when a work situation is not as ideal as what’s described above that you need a workers’ compensation attorney to handle your workers comp case. So how do you know when you need a lawyer and when you’ll be fine on your own?

Here’s a few quick things to keep an eye out for.

You Don’t Need A Lawyer If:

It’s minor. If you just had a small cut, or you sprained a muscle, odds are this is not big enough that your employer would even have an issue with the medical treatment.

You have no pre-existing conditions. This is becoming something of a hot button topic since there’s so much uncertainty in America right now about what... full post

A Truck Accident Is Not Like A Car Accident

A Truck Accident Is Not Like A Car AccidentWe have experienced car crash lawyers that can help our clients when they get involved in accidents, but we’d like to point that while all car accidents will usually involve an impact with something at some point in the accident, that’s where similarities end with other accidents. There’s a huge difference between car accidents and truck accidents and that is why when you talk to a car crash lawyer at our firm, you’ll be able to deal with someone that specializes in trucking accidents. Here’s why.

Physics Is Not In Your Favor

A typical automobile will weigh about 3000 lbs. Depending on the type of cargo a large truck is hauling, it may weigh up to 80,000. In a collision between these two vehicles moving at the same speed, the sheer mass, and energy of a truck in motion is going to win in a confrontation between these two vehicles every single time.

This means that, tragically, in a car versus truck confrontation, even for people that are seat-belted and have protection from airbags, there is still a much higher chance of severe injury for... full post

Survival Action & Wrongful Death

Survival Action & Wrongful DeathOne of the worst things that can happen to any family or group is losing a loved one through a senseless accident that could have easily been prevented. When someone else’s negligence, carelessness or sheer recklessness takes someone away, even if it is accidental—or perhaps especially if it is accidental—there should be consequences. No one should be responsible for causing the death of another person and simply be allowed to walk away and resume his or her life than the lives of others have been irreparably altered due to this loss.

This is where an accident lawyer helping with a case, such as wrongful death can make a big difference. But not all situations are as simple as the tragedy of a loss of a life. Things do not always play out as a binary scenario of a person either surviving or not surviving an accident. And that’s when things can get complicated, which is why we’re going to look one of the more complex and upsetting legal situations, the survival action, and how it compares to wrongful death.

Delayed Reaction

There may be some cases where a terrible... full post

Poor Gun Storage Is A Premises Liability Case Waiting To Happen

Poor Gun Storage Is A Premises Liability Case Waiting To HappenWhile it is the constitutional right of any American to own a firearm for survival or defensive purposes, this brings with it an extra set of responsibilities. A gun, after all, is a weapon that is designed to injure or kill a target, and anyone that does not respect this power is subject to punishment by the law. This legal punishment doesn’t just extend to the incorrect use of a gun, it also applies to incorrect storage.

It means that if you have an accident in your home involving a gun, and it is discovered that this is because children have gotten hold of the weapon and used it on each other, even if you weren’t present, and didn’t fire the gun yourself, the law holds you responsible. If you want to avoid taking on that kind of harsh, legal responsibility, you need to be responsible with how you store your firearms.

Easily Accessible Is Too Accessible

Sadly, one of the most common stories in gun mishaps involving children is a combination of laziness and underestimation on the part of a parent. The... full post

Don’t Take Your Time With A Court Case

Don’t Take Your Time With A Court CaseOne the great truisms that most of us are taught as we grow up is “patience is a virtue.” In practice, it simply means that sometimes, in order to get good results or achieve a goal we are pursuing, trying to rush things is often not the best way to go about it. In most cases in life, especially for a long-term goal, such as a career, a relationship, or raising a family, this is definitely good advice to follow.

But not everything in life benefits from this, and that’s when the other truism, “Those who hesitate are lost” might be the more relevant saying to follow. One of those instances where waiting can hurt you, not help you, is if you are injured, and someone else is responsible.

The Statute Of Limitations

One thing that people need to keep in view when being injured by someone else is that the clock is “ticking” down to when you can no longer go to court to hold the responsible party accountable. For example, in Florida, the statute of limitations if you decide to get a car crash lawyer... full post

A Dash Camera Is An Important Piece Of Evidence

A Dash Camera Is An Important Piece Of EvidenceIf you ever find yourself in a serious automobile accident where there are major injuries and the responsibility for the mishap is on the other driver, you will want justice. Why should you or your medical insurance company have to pay for the medical treatment of yourself or your friends and/or loved ones in the vehicle if someone else was to blame? That’s not fair, and if it’s not fair, you should make sure you get the proper legal outcome, with a car crash lawyer that is specialized in helping people resolve their auto accident cases.

However, because this is a legal case that goes to trial in court, this doesn’t mean that you can rest easy, secure in the knowledge that there’s a 100% chance the outcome will be in your favor. A trial means a jury, and a jury means you and your car crash lawyer have to prove your case, make sound arguments, and provide convincing evidence that you are owed compensation for an accident that you did not cause. If you can’t do these things, a jury has no... full post

Should Parents Be Accountable For The Acts Of A Child?

Should Parents Be Accountable For The Acts Of A Child?In July of this year, a sad case took a dramatic turn of events as one set of parents went to court against another family for wrongful death. In this case, two 14 year old teenagers went missing and now one family is blaming the other, and taking a definitive stance by going to court, suing for negligence and wrongful death.

What happened? How did it come to this?

A Trip Gone Wrong

This court case stems from an incident that took place two years ago, at the town of Jupiter Inlet, in the Palm Beach area. In July of 2015, 14 year old Perry Cohen and Austin Stephanos left Jupiter Inlet alone and unsupervised on an 18’ craft headed for some pleasure cruising on the ocean. They never returned. A search was conducted for the teens and the boat they had left in, but while the boat itself was eventually found and recovered, the two teenage boys were never found.

Now, two years, later, Pamela Cohen, the mother of Perry is part of a lawsuit for negligence and wrongful death that is focused... full post

Gun Ownership Is Constitutionally Protected. Gun Carelessness Is Not

Gun Ownership Is Constitutionally Protected. Gun Carelessness Is NotOne of the things that make the USA such a unique and blessed country is that it is written right into our Constitution that every citizen has the right to bear arms. This means that whether an American wants to go hunting, or simply wants the security of knowing that a family has maximum protection in the home, a firearm is available to be used. In Florida, residents are even allowed to carry their guns on their person, concealed, provided that they have sought legal permission do to so.

However, with any great power comes great responsibility. When an American chooses to purchase and keep or carry a firearm, this means that the weapon must be respected, and all laws regarding the use must be obeyed. There are many reasons for this, and while the misuse or careless use of a gun is against the law, perhaps more important is that the improper use of a gun can lead to injury or even death. And if that happens, the law holds the owner of the gun legally responsible for the consequences that come after.

A... full post

Do You Need Help With Social Security?

Do You need Help With Social Security?The United States is a nation that has been built on trying to be as fair to everyone as possible. This is a country that makes a straight up “deal” with its citizens, where the work you put in, the persistence you hold to the pursuit of a dream, and the rewards you claim at the end are all possible with enough effort. But this is also a nation that recognizes that sometimes unfair things will happen to people through no fault of their own. In many cases, we have measures in place to help people to overcome these hardships that they encounter.

One of the ways the US government does this is through something called social security. It’s set up by the government with the best of intentions, but, as with anything in life, sometimes practice and theory don’t line up. You may feel you deserve the assistance of social security, and you may very well be right. But the people that decide these things may not agree. How does this happen? What can you do about it? Let’s take a look at the basics... full post

Did You Provoke A Dog Bite?

Did You Provoke A Dog Bite?The dog was, is, and will likely remain one of the most popular pet choices in the USA. While cats are quickly on the rise as the #2 or perhaps even #1 pet due to being able to live in smaller spaces and not requiring walks outside, the loyalty, affection and intelligence of dogs simply cannot be questioned.

However, even with an animal that has been domesticated for millennia like dogs, it’s still important to remember that these are animals. And like any animal, a dog is capable of becoming aggressive, lashing out and even injuring people with scratches or bites.

When a severe dog attack occurs, as upsetting as the incident is, there are always going to be questions that need to be answered. It’s especially important in these cases because, depending on the exact circumstances, legal action may be required. However, that legal action is only viable if it can be proven that the dog or dog’s owner is at fault, and not you.

Negligence & Recklessness

If you or someone you know, such as your child has been bitten by a dog and the injury was serious,... full post

Not All Boating Accidents Involve Other Boats

Not All Boating Accidents Involve Other BoatsFlorida is one of the best states to live in the entire continental USA if you’re a fan of boating. The southernmost state of the nation combines year round warm, sunny weather with a coastline that surrounds most of the state. This makes it very easy for people who love seafaring trips to hop into a vessel of their own and just hit the water.

Unfortunately, with any numerical increase in boats out on the water, so too do the chances of an accident involving boast also rise. In some cases, a boating accident is just like a car accident on land, and two vessels come into contact with each other, causing both injury and damage to the boats. In other cases, however, there doesn’t have to be another water craft present for things to go wrong. This was discovered tragically, earlier in the year.

Coastal Tragedy

On May 2nd, at around 2 pm in the Hollywood area, rescue crews were alerted to an accident out on the water just off the shore of Mizell-Eula Johnson State Park. Three friends, two them experienced boaters, had taken to the... full post

Is It Possible To Sue For Injury After A Hurricane?

Is It Possible To Sue For Injury After A Hurricane?Florida has recently experienced a major storm event, and this means that some parts of the state may take years to fully recover from the damage done. Unfortunately for the Southwest Florida area, hurricane Irma went through a major portion of our region at high strength, and the result has been floods, damaged homes, and knocked out electrical power.

It has also meant injuries, and, unfortunately, even a few deaths occurred around the state. And while there is no doubt that a hurricane raging through an area falls under the category “act of God” in terms of damage and insurance claims, this also brings with it some questions. If you’re injured during a hurricane, and another person’s negligence is, in some way, involved, would you be able to go to court to pursue a personal injury case with a personal injury lawyer?

Context Is Always Important

Of course, when we’re talking a rare meteorological event such as Hurricane Irma, there is very little that a person can do to prepare for any and all eventualities that may arise from such crisis. For example, if... full post