Driving while impaired by alcohol or drugs is among the most common causes of truck accidents. Big rig accidents have the potential for catastrophic injuries and death, even at low speeds. If you were injured or you lost a loved one in a big rig crash, contact an accident lawyer in Riverside promptly. You may be able to file an accident lawsuit to hold the negligent truck driver responsible for his or her actions.
 

Alcohol Abuse

Commercial big rig operators are professional drivers who are supposed to be appropriately screened and trained. It’s often thought that truck drivers are less at risk of driving while under the influence of alcohol compared to others on the road, but unfortunately, this isn’t the case. As your accident lawyer can explain to you, a truck driver can be charged with DUI if his or her blood alcohol concentration (BAC) is above a certain limit. In most states, this threshold is typically half the BAC limit for non-commercial drivers. Truck drivers are routinely tested for alcohol impairment after accidents. If they refuse, according to the rules established by the Federal Motor Carrier Safety Administration (FMCSA), the resulting penalties are roughly equivalent to pleading guilty to DUI. Criminal investigations of truck accidents proceed separately from accident lawsuits. However, a finding of DUI under criminal law can become an important factor in civil trucking litigation.

Substance Abuse

Truck drivers are held to higher safety standards than non-commercial drivers, but this doesn’t mean they are immune to the dangers of substance abuse. Some truck drivers may operate big rigs while under the influence of marijuana , which can be particularly dangerous because it can induce sleepiness and inattentiveness. Others may take illicit stimulants in an effort to stay awake during the long hours on the road. An accident lawyer can obtain evidence, such as the police report, to determine if substance abuse might have been a factor in the crash.

Prescription Drug Abuse

It isn’t just illicit substances that can impair a truck driver’s abilities. Many prescription drugs can affect alertness, reaction time, judgment, and perception. Truck drivers are required to undergo intensive medical evaluations to determine if any medical conditions or medications might affect driving ability. An accident lawyer can investigate whether a truck driver failed to comply with these requirements.

In 1994, the country was horrified to learn of the violent deaths of Nicole Brown Simpson and Ron Goldman. Simpson’s ex-husband, former NFL player O.J. Simpson, was acquitted of the murders. However, a civil lawsuit was brought against him and he was found liable for wrongful death. There are significant differences between verdicts in criminal cases and the outcomes of wrongful death accident lawsuits. If you’ve lost a loved one due to someone else’s actions, you can consult an accident lawyer in Riverside to discuss how an accident lawsuit would proceed differently from a criminal case.

As you’ll learn when you watch this featured video, a verdict in a criminal trial is not binding on a civil accident lawsuit. One of O.J. Simpson’s defense lawyers points out that the burden of proof is different. In a criminal case, a defendant must be found guilty beyond a reasonable doubt. In a civil accident lawsuit, a defendant must be found liable by a preponderance of the evidence.

If a loved one was killed by someone else’s criminal activity or negligence, such as in an auto accident, then you could be able to file a wrongful death claim . For criminal activity, a wrongful death claim may come in the wake of a criminal court conviction. For a car crash, contact an accident attorney in Riverside for a case evaluation.

The loss of a family member is never easy to cope with. The knowledge that your loved one died due to the negligent or reckless actions of another person can add to your grief. You may wish to find closure by pursuing a wrongful death claim. Consider talking to a personal injury lawyer in Riverside about whether you may be eligible to file a wrongful death lawsuit.

What is the legal definition of “wrongful death?”

For legal purposes, a wrongful death occurs when someone dies as a direct result of another person’s or an entity’s negligence or wrongful act. Wrongful death lawsuits proceed in civil courts, not criminal courts. It is possible for the same incident to lead to both criminal charges and a civil lawsuit, which would proceed completely independent of each other. Even if a person is found not guilty in a criminal court, he or she may be held liable in a civil court.

Who is allowed to file a wrongful death claim?

The specifics of wrongful death claims vary from state to state. A personal injury lawyer can determine if you are eligible to file a claim. In California, the decedent’s spouse, domestic partner, and children are legally allowed to bring a wrongful death lawsuit. If the decedent does not have a surviving family member, any party may bring a wrongful death claim if that person would be entitled to inherit property from the decedent in accordance with the state’s intestate succession laws. Other parties may also be able to file a wrongful death lawsuit if they can prove they were financially dependent on the decedent. These people may include the decedent’s stepchildren, parents, putative spouse, and children of the putative spouse.

Is there a deadline for filing claims?

Yes. In litigation, this deadline is referred to as the statute of limitations. California law requires that a party file a wrongful death lawsuit within two years of the date of the decedent’s death. This is one reason why it’s important to contact a personal injury lawyer right away.

What damages may be recovered?

A personal injury lawyer can seek damages that would compensate the decedent’s estate for losses, including the funeral and burial expenses, hospital bills, and loss of earning capacity. The surviving family members may sue for the loss of love, affection, and guidance, along with the loss of anticipated financial support.

Recovering from a brain injury takes time, intensive therapy, and assistance from an accident lawyer in Riverside. As you’ll learn when you watch this video, a severe brain injury can affect virtually every area of your life. A car accident lawyer can file an accident lawsuit on your behalf to secure compensation for medical bills accrued as a result of someone else’s negligence.

With the compensation from an accident lawsuit, your family can cope with substantial expenses like hospitalization, long-term care, physical therapy, occupational therapy, and psychotherapy. As this video explains, many people with severe brain injuries require long-term or even lifelong care. The functional limitations caused by a brain injury can also keep a patient out of the workforce permanently.

A slip and fall accident can sometimes cause serious injuries, but you shouldn’t have to pay for problems caused by hazardous conditions on someone else’s property. Schedule an initial consultation with a slip and fall lawyer in Riverside to discuss your options. You can expect your lawyer to ask you some basic questions about the case in order to offer sound legal guidance.

Do you have a timeline of events?

In addition to finding out the exact location, date, and time of the incident, your personal injury lawyer will need to know the general timeline of events. This should include what you were doing before the incident, and what happened before and afterward. Full disclosure of what happened is necessary for your lawyer to provide quality representation.

Did you give any verbal or written statements?

The slip and fall lawyer may ask you for a list of eyewitnesses to the accident, and the names and contact information of anyone to whom you may have given a statement. For example, let your lawyer know if you filed an incident report with a store manager or spoke with a neighbor in an apartment complex about the hazardous conditions found in a common area. In particular, your lawyer will need to know if you gave any statements to a police officer, security guard, or insurance adjuster.

Did you see a doctor?

Many people who are injured in slip and fall accidents delay seeking medical care. This might be because they’re in a rush to go about their daily routine or because their injuries do not seem to be very serious. Delaying a medical evaluation is never a good idea; however, for several reasons. First, you may have more serious injuries than you initially realize. Second, the defense may claim that your injuries were sustained after the incident. And third, the defense may claim that if you failed to see a doctor right away, your injuries aren’t as serious as you allege. Your personal injury lawyer will likely ask you to sign a release to grant him or her permission to access your medical records.

Catastrophic injuries include amputations, spinal cord injuries, traumatic brain injuries (TBIs), and other injuries that are expected to have permanent, life-changing effects. It’s never easy to move forward after a major injury, especially when the medical bills become overwhelming. After an accident, it’s in your best interests to consult a car accident attorney in Riverside. An accident lawsuit cannot reverse your health problems, of course, but it can provide the means to cope with your limitations.

Compensation from an accident lawsuit can allow you to not only pay your medical bills for surgeries and hospitalizations, but also to make arrangements for therapy sessions with physical, occupational, speech, and other therapists. A jury award or settlement from an accident lawsuit may also allow you to make any needed modifications to your home to improve its accessibility and help you overcome your physical challenges. Consider using some of your settlement or jury award to schedule psychological counseling sessions. A mental health counselor can guide you in developing the coping tools you’ll need to move forward.

The aftermath of a car accident can be a difficult time. You’re probably trying to juggle doctor’s appointments, deal with paperwork, and get back to work as quickly as possible. Thanks to the complexities of recovery, many people make critical errors while their accident lawsuits are pending. Following the advice of a car accident lawyer in Riverside can help you avoid these problems.

Avoid discussing your case with anyone other than your lawyer.

One of the most common mistakes that accident lawsuit plaintiffs make is to discuss the incident with claims adjusters, defense lawyers, defendants, or other parties. This is never advisable. If anyone contacts you to ask about the case, you should direct all questions to your car accident attorney. Otherwise, you might inadvertently say something that could compromise the outcome of your case.

Avoid using your social media accounts.

These days, posting to social media accounts is practically second nature for many people. But while your accident lawsuit is pending, it’s best to avoid them entirely. Expect that defense lawyers, claims adjusters, and other interested parties will scrutinize everything that you post. They will look for pictures and posts in which you appear to not be as injured as you claim. Strengthening your privacy settings is not a foolproof method of protecting your case.

Avoid neglecting to document your injuries and recovery.

Aside from hiring a lawyer, one of the most effective ways to facilitate a favorable outcome for your case is to gather strong evidence. Photographic evidence of your injuries, surgical wounds, or the damage to your vehicle can be effective in cultivating the support of the jury. If you’re having significant problems moving around, you may even wish to have someone record video footage as you try to complete daily tasks. Additionally, save all physical evidence you collect during your recovery, such as pill bottles, braces, casts, and similar items.

Avoid forgetting to keep your lawyer updated.

It’s essential to keep your lawyer in the loop while your case is pending. Let your lawyer know if you’ve been diagnosed with any complications, if you’ve been referred to another medical provider, or if any other developments arise.

After you’ve had your attorney file an accident lawsuit in Riverside, he or she will gather as much evidence as possible to support your allegations. Many types of evidence can support your injury case , such as the police report, medical records, and surveillance footage. But witness statements can also play a role in the outcome of an accident lawsuit. Either party involved with the lawsuit, plaintiff or defendant, may use witness statements in litigation.

To Negotiate a Settlement

Not all accident lawsuits end with a jury verdict. Many of them are resolved before ever going to trial or during the course of the trial. The defendant in an injury case may be more willing to settle the lawsuit if he or she feels that the jury will find in favor of the plaintiff and vice versa. With credible witness statements and other evidence, a personal injury lawyer can effectively negotiate a favorable settlement with the other party. Of course, it’s entirely at the discretion of the client whether to accept the settlement arrangement or move forward with the litigation.

To Substantiate Claims

During the discovery process prior to the trial, an accident lawyer may depose one or more witnesses to uncover the facts of the case. This testimony, which is given under oath, may play a pivotal role in the trial. A witness’ written statement or testimony given during the trial can also serve to influence the jury to find in favor of the plaintiff. For instance, the plaintiff in a car accident case may claim that he or she was driving at the speed limit and did not otherwise violate traffic safety rules. An eyewitness to the accident may substantiate this claim by disclosing what he or she saw.

To Verify Injuries

Medical records are essential for proving the nature and extent of a plaintiff’s injuries. However, the defendant may still try to claim that the accident wasn’t the cause of the injuries. For example, the plaintiff might have sustained a head injury during the accident and the defendant may try to claim that the plaintiff actually sustained the injury earlier in the week during a sporting event. An eyewitness might testify that he or she saw the plaintiff display signs of a head injury at the accident site, such as bleeding from the area, confusion, or impaired coordination.

After someone files an accident lawsuit in Riverside, the involved parties will go through a pre-trial process known as discovery. Discovery refers to the exchange of information between each party’s accident lawyers. A deposition is an important component of discovery. During a deposition, a witness or other party is placed under oath. The accident lawyers will ask questions and the individual will have to answer truthfully. Although the individual is under oath, there is no judge or jury present.

When you watch this video, you’ll learn more about depositions for accident lawsuits. You’ll discover the role of the court reporter and you’ll learn that the testimony given during a deposition may be used during the trial. For example, it may be found that a witness gives testimony during the trial that contradicts what he or she said during the deposition.