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What Are the Medical Requirements for Truck Drivers?
Commercial drivers are held to higher standards than other drivers. If you are considering filing an accident lawsuit, one of the issues that your accident lawyer in Riverside will assess is whether the truck driver may have violated safety standards. For example, all truck drivers that hold a CDL must have a valid medical card or medical examiner certificate. If the truck driver does not meet the medical requirements but was driving anyway, this issue can point to negligence in an accident lawsuit.
For more information, consult your accident attorney and watch this video. This video discusses the medical requirements that commercial drivers must meet, including having 20/40 correctible vision in each eye. Prospective truck drivers may be denied a CDL if they have insulin-dependent diabetes, very high blood pressure, cardiovascular conditions, or a history of substance abuse.
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Answering Common Questions About Punitive Damages
If you’ve been injured in an accident that was the fault of another party, you may be eligible to file an accident lawsuit with the assistance of an accident attorney in Riverside. Your accident lawsuit will list your damages, which refers to the losses you’ve sustained and the compensation you’re seeking. Generally, a lawsuit can seek two types of damages: economic damages for calculable losses like medical bills and non-economic damages for intangible losses like pain and suffering. However, in some situations, there is a third category of damages that may apply. This is known as punitive damages.
What is the purpose of punitive damages?
Not every accident lawsuit can successfully obtain punitive damages. When a jury does award punitive damages, it is for the purpose of punishing the defendant, hence the word “punitive.” Punitive damages aren’t intended to compensate the plaintiff for his or her losses, although the plaintiff will receive the punitive damages. Instead, it is thought that punitive damages may help serve as a deterrent to prevent egregious conduct from occurring again.
Is there a limit to the amount of punitive damages?
Some states do set limits on the total amount of punitive damages that may be awarded. These limitations are called “caps.” For example, in Colorado, the amount of punitive damages cannot exceed the amount of compensatory damages. However, in California, there is no definitive cap on punitive damages, although the punitive award must be reasonable in comparison to the compensatory damages. Since these laws are subject to change over time, you should consult your accident attorney for the most current information.
Which plaintiffs might be entitled to punitive damages?
Not every plaintiff is entitled to punitive damages. These awards are intended to serve as punishment when a defendant’s conduct is found to be particularly egregious. In California, punitive damages may be available when a defendant’s conduct can be shown to be fraudulent, malicious, or oppressive. For example, the defendant may have displayed a willful disregard for the plaintiff’s safety or rights.
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Why It’s Important to Get Medical Care After an Accident?
After sustaining injuries in any type of accident, it’s vitally important that you seek medical care right away. An accident causes the release of adrenaline and other hormones, which can temporarily mask your pain and other symptoms. This means that you could be more seriously injured than you initially realize. In addition to protecting your health, there are legal reasons why you should get medical care right away. If you consult an accident lawyer in Riverside , he or she will need access to your medical records before filing an accident lawsuit. The other party may try to impugn your credibility if you delayed seeking medical care; this could compromise the result of your accident lawsuit.
On the other hand, getting medical care right away can support the claims made in your accident lawsuit. When you arrive at the medical center, be sure to inform your medical providers that you were just involved in an accident and that your injuries were caused by it. Be your own patient advocate by proactively asking about imaging studies and other medical tests. Lastly, follow your doctor’s discharge instructions and keep your accident lawyer updated about any changes in your health.
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Steps to Take if You’re Injured in a Trucking Accident
Truck accidents can be among the most serious types of collisions—and the most deadly. The formidable weight and size of a big rig can crush smaller passenger vehicles and inflict catastrophic injuries. If you’re fortunate enough to survive a truck accident, there are some steps you need to take right away. Later on, you can contact an accident lawyer in Riverside to discuss the legal issues that arise from a crash. Your accident attorney may file an accident lawsuit on your behalf against the truck driver, his or her employer, or other defendants.
Call 911
The catastrophic injuries that can result from a trucking accident can lead to the loss of consciousness. However, if you are conscious and able to move, you should reach for your cellphone right away and call 911. Let the emergency dispatcher know that you’ve been involved in a big rig accident. Let the dispatcher know if you appear to be seriously hurt. If you’re able to do so, check on the condition of your passengers.
Exchange Information
If you’re fortunate enough to have escaped serious injuries in a truck accident, you may be able to get out of the car and move away from the road. If so, you can check on the truck driver. Assuming that he or she is not catastrophically injured, you can exchange important information. Your accident lawyer will need the truck driver’s full name, contact information, CDL number, and employer, along with his or her insurance information. Similarly, you should provide your basic information to the truck driver. Avoid saying anything that might be interpreted as an admission of fault for the crash. This includes saying, “I’m sorry.”
Document the Scene
If you’re able to move around, it can be very helpful for your accident lawsuit to gather physical evidence at the crash site. Take pictures of the scene, including the damage to the vehicles, skid marks on the road, and traffic signs and signals. Write down the names and contact information of any witnesses in the area. When the police arrive and take your statement, be sure to ask how you can obtain a copy of the police report.
Get Medical Attention
Before you call an accident lawyer after the crash, you should obtain medical attention right away. During the subsequent weeks and months, keep careful records of your medical problems, treatments, and expenses.
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Taking Action After an Accident or Injury
If you’ve been injured, you should take a few steps to protect your legal rights , even if you aren’t sure whether or not you can file an accident lawsuit in Riverside. It’s important to contact an accident lawyer as soon as possible, since waiting too long to file a claim may cause you to forfeit your right to do so. Your accident lawyer will need as much evidence as you can provide about the incident and your losses.
When you watch this video, you’ll learn about gathering the types of evidence that your accident lawyer can use to obtain compensation on your behalf. For instance, it’s always a good idea to take pictures of the scene of the incident and to obtain a copy of the police report. You should also ask eyewitnesses for their full names and contact information.
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Protecting Your Rights After a Motorcycle Accident
Motorcyclists often choose this particular mode of transportation for the freedom it provides, not to mention the excellent gas mileage. But motorcycles do have a serious disadvantage: The lack of the fiberglass shell that protects the occupants of a car. After a motorcycle accident, it’s likely that you will accrue significant medical expenses and other losses, which you may be able to recoup by filing an accident lawsuit in Riverside. To protect your legal rights, get in contact with a motorcycle accident lawyer as soon as possible.
File a Police Report
It should go without saying that it’s essential to call 911 after a motorcycle accident. However, if you were unconscious after the crash and were taken to a hospital, then you will need to contact the local police department later to file a police report. Be sure to get a copy of the report and share this with your motorcycle accident lawyer.
Get Medical Care
Assuming that you aren’t taken to the ER while unconscious, it’s essential to get to the nearest hospital after the police clear you to leave the scene. Even if you think your injuries are relatively minor, you may need medical attention for undetectable internal injuries. Plus, your motorcycle accident lawyer will need your medical records as evidence to support your legal claim.
Follow the Doctor’s Instructions
It’s important to pay careful attention to your doctor’s discharge instructions. Keep all follow-up appointments as recommended by your doctor and undergo all recommended medical tests. Let your doctor and your lawyer know about any new or worsening symptoms and any complications that may develop. Be sure to keep copies of all of your medical receipts, including bills for your hospitalization, diagnostics, treatments, and medications.
Preserve the Condition of the Motorcycle
It may be tempting to rush your motorcycle to the repair shop as quickly as possible. But actually, your motorcycle accident attorney may ask that you preserve the post-crash condition of your bike. This is because your attorney may hire accident reconstruction experts. Additionally, the damaged bike is a convincing piece of evidence in the event that the lawsuit goes to trial.
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A Look at Government Liability Cases
You might already know that if you’re involved in a car wreck that was the fault of the other driver, you have the right to pursue legal recourse against that party with the help of personal injury attorneys in Riverside, CA. But what happens if the other party was driving a government vehicle? In these cases, it’s best to consult a car accident lawyer who has experience with government liability cases . You do still have the right to pursue compensation from an at-fault city, state, or federal government entity. Similarly, a car accident lawyer can help hold government entities liable for crashes that occur with other private citizens due to dangerous intersections, lack of traffic signage, and other problems that were the responsibility of the municipality.
Government liability cases extend well beyond auto crashes. Accident attorneys may file a lawsuit in the wake of civil rights violations committed by law enforcement officers. They may also sue for injuries caused by the negligence of public schools or public school districts. And since slip and fall accidents can happen anywhere, an attorney can step in to help if you fall on public property or in government buildings because of someone else’s negligence.
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What Not to Do After a Car Accident?
After an auto accident in Riverside, CA, an attorney can review the case, determine liability, and discuss the next steps to take. But in the immediate aftermath of the crash, there are some steps you need to take right away-well before you contact a personal injury attorney . It’s equally as important to avoid making certain mistakes that can jeopardize the efforts of your accident lawyer to obtain just compensation on your behalf.
Avoid Driving Away
Driving away from the scene of an accident could result in criminal charges. Even if it appears that no one is injured and that the property damage is minimal, it’s always essential to pull over.
Avoid Making Verbal Agreements
If the other driver doesn’t have auto insurance, he or she might try to convince you not to call the police, file an accident report, and notify a personal injury attorney. But it’s never a good idea to make a verbal agreement to settle the matter between the two of you. Quite simply, there’s no guarantee that the other driver will uphold his or her end of the bargain. Plus, you might later accrue unexpected expenses stemming from the crash. Always call the police and file an accident report.
Avoid Neglecting to Obtain Important Information
You might already know that you need to exchange insurance information with the other driver. But did you know that you should also write down his or her driver’s license number, make and model of the car, license plate, and the names and contact information of any witnesses? Use your cellphone to take plenty of photos of the crash site, including any skid marks and traffic signs, and to document the damage on the vehicles and your injuries.
Avoid Discussing the Crash
When you’re exchanging information with the other driver, it’s essential to avoid discussing the crash with him or her. Save your account of what happened for the police officer. If the other driver insists on discussing the accident or becomes belligerent, you can refer him or her to your auto accident attorney.
Avoid Waiting to See a Doctor
When the police authorize you to leave the scene, you should go to a hospital right away, even if you think you are not seriously injured. Waiting to see a doctor might later enable the insurance carrier to claim that you couldn’t have been badly injured.
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Why You Need Evidence in a Personal Injury Case?
Evidence is the backbone of a successful lawsuit. When you meet with a personal injury attorney serving the Riverside, CA area, he or she will ask you about any evidence you can produce. Evidence is best preserved in the immediate aftermath of an incident. To help your personal injury lawyer substantiate your claims, it’s a good idea to take photographic evidence of the scene of the accident, your injuries, and any property damage.
As you’ll learn when you watch this video, your personal injury lawyer may also contact other parties to obtain evidence. For instance, he or she can obtain copies of the report you filed with the police officers. An accident lawyer might also use the testimony of expert witnesses or eyewitnesses to the accident. The more compelling evidence you can produce, the stronger your case will be.
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Spotting the Signs of Elder Abuse
Elder abuse is among the most reprehensible of offenses because the victims are quite often powerless to protect themselves. If you suspect that a loved one might be suffering abuse at the hands of his or her caregivers, you should contact the authorities and an injury lawyer in Riverside, CA, right away. Inform the police and your personal injury attorney of all the signs of possible elder abuse you’ve noticed, such as suspicious bruises or other unexplainable injuries. Seniors who are being abused might suddenly develop depression, withdraw from social activities, or display an unusual change in alertness.
Tell your personal injury attorney about any recent changes to your loved one’s medical history, such as whether he or she has developed pressure sores or urinary tract infections. These could be indicative of neglect. Personal injury lawyers can also advocate on behalf of your loved one’s rights if you suspect that he or she is not receiving appropriate medical care. For example, a caregiver might be neglecting to administer prescribed medications.
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