Monthly Archives: September 2015

The Benefits of Having an Attorney After a Motorcycle Accident

Motorcycle accidents are often catastrophic.  They typically change the lives of the victims, as well as their families.  Litigating a motorcycle accident case can be very overwhelming, as there are many issues that can arise with regard to liability and proving damages.  For these, and many other reasons, the benefits of having an attorney after a motorcycle accident should not be overlooked. What to do immediately after the accident Until you have the opportunity to consult with an attorney, there are a few things you should know about how to handle yourself, after you have been involved in a motorcycle accident.  First, don t sign anything without consulting an attorney first. If you do, you may jeopardize your chances to recover for your injuries.  If you are approached by an insurance company, do not allow them to take a recorded interview.  You have the legal right to refuse. Why do I need an attorney? Besides the obvious fact that the legal process can be confusing and c
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Civil Actions for Road Rage

We would probably all agree that aggressive driving, often referred to as “road rage,” is a serious problem in our country.  In fact, according to the American Safety Council, 66% of all traffic fatalities are caused by some form of aggressive driving.  What’s worse, 37% of aggressive driving incidents involve a firearm.  Those are scary numbers.  The good news is, in addition to possible criminal charges, you can bring civil actions for road rage as well. Family vacation ends in road rage attack The family was returning from a vacation in Hilton Head, SC, with their three children in the back of their Ford Expedition.  They first encountered the other driver at a traffic light near the on-ramp to I-95. They claim the driver was driving recklessly and erratically and pulled his luxury vehicle directly in front of their SUV, then slammed on the brakes.  The father admits he threw up his hands in frustration, but the other driver claims it was an obscene gesture. They parted
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The Horrors of Fatal Motorcycle Accidents

It is pretty well understood that riding motorcycle is inherently dangerous because motorcyclists are so exposed to injury.  They are more exposed than a passenger in a car would be.  Because of this substantial lack of protection, the risk of fatalities as a result of motorcycle accidents is much higher.  If a loved one dies in a motorcycle accident, wrongful death actions can be brought against the responsible driver.  Regardless, the horrors of fatal motorcycle accidents are hard to get past. Recent Motorcycle Fatality in Arkansas On September 6, 2015, a fatal motorcycle accident occurred in Hot Spring County, Arkansas.  Two young men were both traveling on motorcycles on I-30.  One motorcyclist collided with the other and they both slid several feet before the motorcycles caught fire.  One of the cyclists was pronounced dead at the scene.  Motorcycle collisions may not be as common as car versus motorcycle, or truck versus motorcycle accidents, but they do occur. Wrongful
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What if My Employer Retaliates Against Me for Filing a Workers Comp Claim?

The primary purpose of Workers Compensation benefits is to compensate employees for injuries they suffer while at work or performing a job-related activity, without needing to prove who was at fault for the injury.  In exchange for these benefits, the covered employees agree not to file a lawsuit against their employer relating to those injuries.  As useful as these benefits can be, if making a Workers Comp claim may lead to retaliation by your employer, the benefits may not seem worth the risk. What is Workers Comp Retaliation? The legal definition of retaliation (in the employment context) is basically taking an “adverse employment action” against an employee for “engaging in legally protected activity.” Filing a claim for a work-related injury, under the Worker’s Compensation Act, is considered a legally protected activity, because employees are legally authorized to file such claims.  Therefore, the employee is protected from any negative consequences from his or her
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Determining Workers Compensation Weekly Cash Benefits

Worker’s Compensation benefits fall into one of three categories: medical care, rehabilitation services and cash payments.  Medical care benefits are usually wide-ranging, including not only doctor bills, but also medication, tests and medical equipment.  Rehabilitation services can include treatment such as physical therapy or vocational rehab.  When cash payments are made, it is typically in the form of compensation for lost wages.  As the worker’s compensation laws often differ in each state, you should be familiar with how your state determines workers compensation weekly cash benefits.
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E. Coli leads to Wrongful Death Case

Losing a loved one is always difficult.  When the death is the result of the negligence or misconduct of a third party, the challenges can be even more daunting.  Surviving families can take steps to recover for their loss, as best they can, by filing a lawsuit for wrongful death.  A recent incident involving the death of an 8-year-old boy, who died as a result of an E. Coli infection demonstrates how the negligent acts of others can result in a tragic wrongful death lawsuit. The claims against Rain Crow Ranch Rain Crow Ranch, a Doniphan, Missouri farm which also owns a nearby beef processing facility (Fruitland American Meat, in Jackson, Missouri), has been sued by a couple whose son died after eating a hamburger allegedly tainted with E. coli.  The meat was processed by the Missouri farm and then sold at a Whole Foods store in Massachusetts.  The family filed a wrongful death suit in Boston federal court in December of 2014.  It was reported that at least two other people were
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How to Determine the Value of a Premises Liability Case

Most people who are injured while on someone else’s property at least consider filing a lawsuit to recover for their injuries.  Yet, depending on the actual value of your case, it may not always be the best decision.  What you must consider is whether, after it is all said and done, will you end up with sufficient compensation to justify the cost and stress of civil litigation?  If you have a basic understanding of how to determine the value of a premises liability case, it will be easier to make that decision. Can I settle my case instead of going to court? Yes, it is possible in some cases to settle a personal injury case before it is necessary to file a lawsuit, but that does not happen very often.  Typically, the insurance company that gets involved initially, is not willing to offer a reasonable settlement amount.  In order for settlement to work, both parties must recognize that settlement requires a mutually agreeable resolution.  Often the injured party must accept a l
http://www.cottrelllawoffice.com/how-to-determine-the-value-of-a-premises-liability-case/

What is the Hours of Service Rule for Truck Drivers?

Truck-related highway accidents are not only serious, but also very common. In 2012, there were nearly 100 motor vehicle fatalities, in both Missouri and Arkansas, involving large commercial trucks. Accidents involving 18-wheelers often result in catastrophic injuries, simply because of the sheer size and weight of an 18-wheeler. In light of the serious risks 18-wheelers create on the roadway, federal and state regulations have been created to govern how trucking companies, and the truck driver’s themselves, are required to operate. One major concern for long-haul truck drivers is driver exhaustion, which frequently results in accidents and death.  In response to this concern, the “hours of service rule” was created. What is the purpose of the Hours of Service (HOS) regulation? The purpose of the Hours of Service rule, established by the Federal Motor Carrier Safety Administration (FMCSA), is to limit a truck driver’s ability to work the maximum number of hours currently allo
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