• A Look at Truck Driver Impairment

    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

    Truck Accident Attorney in Riverside, CA
    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.

  • Common Injuries of Nursing Home Residents

    Families often prefer to keep their aging loved ones at home, but unfortunately, this isn’t always possible. Even if your family chooses a nursing home with a solid reputation, it’s important to know that any nursing home resident can become injured due to negligence or abuse. Visit your loved one often and remain alert to the potential signs of negligence. If the resident does sustain unexplained injuries or illnesses, consult a nursing home abuse lawyer in Riverside immediately.

    Medication Mistakes Nursing Home Abuse Lawyer in Riverside, CA
     
    Medication errors can be especially tricky to detect, since family members cannot monitor their loved ones 24/7. But if you do notice that your loved one’s medical conditions seem to be worsening, it might be a sign that the nursing home staff isn’t administering the doses as prescribed. Consider having a frank discussion with your loved one’s doctor about this possibility. A physician can let you know about the side effects or symptoms that you should watch out for. If your loved one is hospitalized with a mysterious illness, you could ask if a blood test might reveal medication levels.

    Dehydration

    Dehydration is a major concern for responsible caretakers of elderly nursing home residents. As a person grows older, thirst recognition isn’t as strong. Plus, many medications can increase the risk of dehydration. Seniors suffering from dehydration may have dizziness, difficulty walking, confusion, low blood pressure, and a rapid heart rate. Since seniors are at a high risk of severe complications of dehydration, they should be seen at a hospital promptly if these symptoms occur. Bear in mind, however, that as a person approaches the end of life, he or she is likely to refuse food and water. Consider whether your loved one’s doctor has advised you to expect his or her impending death before jumping to conclusions about nursing home neglect.

    Pressure Sores

    Another common nursing home injury is pressure sores, also known as bedsores or pressure ulcers. Many nursing home residents have mobility restrictions. They need assistance at regular intervals to change their positioning and to transfer from a bed to a wheelchair. If a nursing home resident hasn’t been repositioned properly, pressure sores can quickly develop. They most commonly affect the hips, heels, back, ankles, and elbows. Pressure sores become progressively worse when not treated promptly. Eventually, the lesions can cause life-threatening infections .

  • Understanding Wrongful Death Claims

    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.

  • Recovering from Severe Brain Injuries

    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.

  • Comparing Intentional and Negligent Torts

    Tort law refers to the civil proceedings that can bring relief for plaintiffs who have suffered financial losses, physical injuries, or psychological injuries at the hands of the defendants. Tort actions are complex, and they require the skillful attention of an experienced personal injury lawyer in Riverside. Your personal injury lawyer can answer any questions you may have about tort law, including questions pertaining to intentional and negligent torts. tort - law

    Negligent Torts

    Most tort cases filed by personal injury lawyers are negligent torts. A negligent tort is a personal injury lawsuit filed by the person who was injured (the plaintiff) against the person who allegedly inflicted the injury (the defendant). The lawsuit does not allege that the defendant intentionally harmed the plaintiff, but rather that the harm or financial losses were inflicted as a result of negligence. One common example is a car accident. Hypothetically, John is in a hurry to get home from work and he makes a right-hand turn at a red light without checking for oncoming traffic. Sally, who has right-of-way, drives through the intersection and strikes John’s car because she cannot stop in time. In this case, John could be held liable in a negligent tort. He didn’t intend for Sally’s car to collide with his, but the accident occurred anyway because he failed to check for oncoming traffic. A car accident is just one example of a negligent tort. These cases can include slip and fall incidents, dog bite cases, and nursing home neglect.

    Intentional Torts

    Intentional torts are less common than negligent torts. As the term implies, an intentional tort case may be filed by a personal injury lawyer when the defendant is accused of intentionally harming the plaintiff. Intentional tort cases can be tricky to litigate because they rely upon the establishment of the tortfeasor’s state of mind. A tortfeasor is a person who commits a tort or act of wrongdoing. One straightforward example of an intentional tort is assault. Using the previous example of the car accident, when Sally strikes John’s car, it is the result of John’s negligence. However, if John becomes enraged by the accident, gets out of his car, and punches Sally in the face, this is an intentional action that may be litigated in civil court. It should be noted that John may face criminal charges as well, which would proceed separately from an intentional tort claim filed by Sally.

  • Questions Your Accident Lawyer May Ask During Your Case Consultation

    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. Slip and Fall Lawyer in Riverside

    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.

  • How Witness Statements Can Be Used in Your Injury Case?

    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. Accident Lawsuit in Riverside

    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.

  • What Is a Deposition?

    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.

  • What Are Your Rights as a Passenger in an Auto Accident?

    When the driver of a vehicle files a car accident lawsuit, one of the obstacles he or she may encounter is countering allegations that he or she was partially responsible for the crash. Injured passengers do not generally have this problem. However, because of the complexities of personal injury law and the uncooperativeness that is typical of car insurance carriers, it’s best for passengers to consult a car accident lawyer in Riverside. Car Accident Lawyer in Riverside

    Assessing Liability

    After any type of accident, you have the legal right to speak with an accident lawyer about the situation. One of the first steps in an accident case is to assess liability, which refers to which party was at fault for the crash. Since you were the passenger, it is highly unlikely that you could be considered liable unless you grabbed the steering wheel or engaged in any similar unsafe act. If it was a one-car accident, then the driver is almost certainly at fault. Exceptions include situations beyond the driver’s control, such as if a deer jumps out in front of the car. If the accident involved multiple vehicles, the case becomes a little more complex. Your car accident lawyer may consider whether both drivers shared liability for the accident. To accurately determine liability, your lawyer will need to review the evidence, such as the police report, photos of the scene, and witness statements.

    Filing a Claim

    A car accident lawsuit isn’t necessary in all cases. Your lawyer may use evidence of liability to negotiate with one or both drivers’ insurance carriers with the goal of securing just compensation for your losses. If a reasonable settlement is not forthcoming, then you may wish to move forward with a lawsuit. If more than one driver might be at fault, it is possible to file a lawsuit against multiple defendants. One of the issues the jury will consider is whether both drivers were equally at fault for the crash or if one was more negligent than the other. If they are found equally at fault, then the insurers for the drivers will be ordered to pay an equal amount. If one driver was found to be more negligent, then percentages of fault are assigned to each driver and the monetary award is paid accordingly.

  • Treating Post-Accident Whiplash

    If you’ve been injured in an accident , a car accident lawyer in Riverside can assist you by filing an accident lawsuit. By hiring a car accident lawyer to handle your legal issues, you can focus on your recovery. Experts tend to agree that the sooner patients seek medical care for whiplash, the better the outcome is likely to be. Delaying care may increase the risk of suffering from chronic pain and other symptoms. Be sure to keep track of all of your medical expenses for your accident lawsuit.

    This video offers an introduction to medical care for whiplash. The orthopedic doctor interviewed here strongly recommends that patients begin physical therapy promptly to strengthen the muscles of the neck and improve range of motion. Heat and cold therapy, chiropractic care, and transcutaneous electrical nerve stimulation (TENS) might also help.