News
Don’t drive with a suspended license
This 18-wheeler and truck accident should never have happened. The driver at fault had a suspended license.
If there was ever a case where someone with a bad driving record should not be driving with a suspended license, this would be it. This accident involved an 18-wheeler and a truck and the resulting melee shut down a major U.S. highway for over an hour. It’s a wonder there weren’t more injuries that would involve contacting an Arkansas accident lawyer for assistance to recover compensation for personal injuries.
The driver of a Dodge 2500 pickup decided, for some unknown reason, to turn in front of a northbound big rig. The Dodge driver was trying to get into a parking lot at his local dollar store. Whatever possessed him to turn in front of an oncoming semi defies logic, but the end result of this smack-up was an out of control semi sliding into a power pole. The offending Dodge squeaked by a gas line and just missed a home. You can picture the mess that would have been if the gas line had ruptured.
The trucker wasn’t injured in the crash, but the Dodge driver and his children did receive minor injuries, which could have been a lot worse. No one went to hospital, but they were checked over by EMS crews. Evidently, the Dodge driver had not been drinking and driving, but he was ticketed for turning when it was unsafe to do so and driving with a suspended license. With a suspended license, it’s safe to assume his driving record was not exemplary. In addition, his lack of judgment and driving skills would seem to point to yet more reasons why he should not have been driving, period, let alone with two children in his truck.
Accidents are never a lot of fun, but unfortunately, they can and do happen at the drop of a dime. All it takes is just one miscalculation about speed or distance, and things like this situation can happen. Thankfully, it turned out well for those involved, but it could have been a nightmare in the making.
If you have been involved in a situation such as this, or something similar, it’s a wise move to call an Arkansas accident lawyer. You never know when minor bumps may turn into major brain trauma. It has happened and people have lost their lives because of it. Never hesitate to ask legal questions, as you need to know your rights to determine how to proceed in your particular case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Resolving business disputes isn’t always easy
Running a business is not the easiest thing in the world. Knowing how to resolve business disputes is a major asset.
Running a business is something most entrepreneurs revel in. They thrive on the adventure and develop some finely tuned skills to run their businesses. If their business gets big enough, they may even hire people to work for them. Success is something most business owners strive for and the best way to be successful and on top of your form is to know how to solve and resolve business disputes. We’re all human and from time to time, things hit the fan. It’s the mark of a smart businessperson to know how to nip disagreements in the bud.
The first thing to try is direct negotiations. Cut to the chase and get it done. This is considered to be one of the most cost effective ways of handling disputes. That isn’t to necessarily say this is an easy method, because it often isn’t. Before jumping off into uncharted waters and attempting direct negotiation, look at the issue causing the problem from every possible angle.
For example, one of the things you need to ask yourself before you start is if you really want to keep a relationship with the other party now or for the future. You might also want to consider if you really want to deal with the dispute at all. For extra input on your situation, contact a knowledgeable Arkansas business dispute lawyer.
While that may sound counterintuitive, there are situations where some things are best left alone for a variety of reasons. Know what those reasons are before starting something you might not be able to finish. Also, walk a mile in the other side’s shoes. This gives you a much broader perspective from which to work. It may also provide a solution to the sticking point.
Mediation is also a good recourse, where a neutral third party moves things along to resolution. The mediator is not the decision maker, but instead, the facilitator who helps both sides reach a mutually agreeable resolution. Keep in mind that any talks during mediation can’t be used in court for the simple reason that the information is confidential. If you aren’t sure about the rules, call an Arkansas business dispute lawyer for help.
You might also want to try arbitration, where an arbitrator hears both sides and then makes a decision; sort of like a judge. In arbitration, the decision is binding and even if the parties involved don’t like the decision, it’s a done deal. This process is generally longer than mediation.
When all else fails, there is always litigation, something most people want to avoid due to the costs. The case goes to court and the judge makes a decision based on the evidence – meaning which party is in the wrong. If you have to go to court, then you do what you have to do. But the vast majority of business disputes are settled out of court, usually because each side figures they might lose if they actually start a trial.
When in doubt about what will work in your situation, contact a seasoned Arkansas business dispute lawyer for advice. It’s the best money you will ever spend.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Tricky business disagreements often need legal counsel
Running a business isn’t the easiest thing to do. Often, no matter how well things go, there are disputes.
Running a business, especially these days, is an adventure fraught with angst, waiting for the other shoe to drop, wondering where the money will come from to keep the business running and trying to keep everyone satisfied. There’s a lot of juggling involved in handling business matters from day to day. Sometimes people get hurt in the process.
While things might seem like they are running well, they sometimes get a bit frayed around the edges and there are disagreements. Knowing what the most common ones are and stopping them before they become major arguments is a good idea. Having alternative resolution methods, like mediation or negotiation, is also a very smart move. It may save a bad situation from becoming worse.
Employment disputes are the most common disputes that take place in a workplace. These kinds of disagreements can come up for just about any reason, but the most commonly cited reasons are: discrimination, payment issues, salaries or benefits, differences of opinion over maternity leave, unfair dismissals or choosing representation at an employment tribunal.
There are also disputes that may arise between one business and another. While cooperation and partnership is the best way to advance everyone’s cause, these kinds of relationships are usually pretty complicated. Inter-company arguments generally involve very serious issues and the best way to resolve them is legal action or mediation in many cases.
When two or more people own and run an organization, there are bound to be disputes. Arguments and differences of opinions between those who lead are often very difficult to handle without damaging interpersonal relationships and working arrangements. Most often, the differing points of view arise as a result of one person wanting to go in a direction another does not, haggling over money, hiring disagreements and/or a change in leadership, planned or unplanned.
You can also expect to find breach of financial agreements and breach of contract situations in a workplace. This is considered to be one of the more serious concerns faced by a business and generally speaking, legal advice and counsel is the best route to go. Contracts are legally binding and must be treated accordingly. They must be upheld either legally or voluntarily by common agreement.
If you have been in any of these situations, you will know that things are much more difficult without good legal advice from a skilled business lawyer. Good legal advice is always spot on when you have a business to run that depends on everyone getting along.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Know the reasons why car wrecks happen
It doesn’t take a rocket scientist to know what the causes of car accidents are. But it does take personal responsibility to avoid those accidents.
If you’ve read anything lately on the Internet or in the news about car accident statistics, you’ll notice that they are going up. That’s disturbing news. Unfortunately, most accidents are avoidable (unless it’s a mechanical defect) and people are just not taking responsibility for their actions.
For example, everyone knows that drinking and driving is just asking for an accident to happen. And yet, people go ahead and do it. They think nothing will happen to them, that they will make it home safely, that they haven’t had too much to drink and that they can drive just fine. They don’t stop to think about the consequences of their actions.
They don’t get that they may maim or kill someone’s family member. These roles could well be reversed by the way, with the drinker losing a loved one to a drunk driver. The first person to get outraged over the accident is the person who makes it a habit to drive drunk.
These days, driving while under the influence doesn’t just mean under the influence of booze, it also means under the influence of drugs, which can include street or prescription drugs. It’s quite the social commentary on the direction humanity – that over time, people have come up with more ways to drive dangerously, not taking ultimate responsibility for their actions and addictions.
Driving while fatigued is yet another very common occurrence on the road. Take the case of an Arkansas woman, on her way home from her sister’s wedding shower party that ended at 2 a.m. She was almost home when she dozed off behind the wheel of her car, drifting into the oncoming lane, right into the path of an 18-wheeler. She never knew what hit her. Police reports across the country commonly cite falling asleep at the wheel as the reason for horrific crashes, causing serious injuries and death. This is yet another situation where people don’t take responsibility for their actions. If you’re tired, take a nap. It could save your life.
Observing posted speed limits is also something a great number of people don’t do, often with drastic consequences. Life is about choices, and choosing to speed is choosing to take the risk that something bad will happen if you lose control of your vehicle. Choosing to speed is choosing to put other people’s lives at risk for your fun. Think about that carefully the next time you get behind the wheel of a car and have the itch to let it out full speed. You may end up someplace you weren’t originally going when you left home – in the hospital or dead.
If you’ve been in a car accident that was someone else’s fault, speak to an Arkansas injury and accident lawyer, it will increase your chances of getting a fair settlement. While some people feel they can file an accident claim on their own, they often don’t have the kind of experience needed to deal with the predatory insurance companies. A seasoned and capable Arkansas injury lawyer knows how to handle insurance companies. It’s what they do best and to your benefit.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Careless driving causes death and serious injuries
Not a day goes by that there isn’t a car accident somewhere in the United States. Some of them may result in serious injuries, others, in death.
Statistically speaking, it’s well known that car wrecks happen every day in the U.S. Whether they are minor fender benders or full-out total wrecks, someone is usually hurt, if not killed. “The thing people need to remember in car accidents is that even though an injury seems minor, it may develop into something worse later. This is more often the case with brain injuries, but having said that, always remember that you should not sign anything an insurance company gives you without talking to an Arkansas accident lawyer,” said Michael G. Smith, an Arkansas injury and accident lawyer.
“Insurance companies are not your friends, and it is best to maintain an arm’s length relationship with them through your lawyer. Let the lawyer handle them because that is what they do, and they know how to do it, and make the insurance company do right by you instead of diminishing your claim,” Smith said. Accident victims don’t need to be hassled over the nature and duration of their injuries, not when they are trying to recover and are worried about how to pay their bills.
The more complex the legal action involved in a claim, the more imperative it is to hire an Arkansas accident lawyer. Take the case where one woman was killed after being ejected from a van, and four others were critically injured. This was a single vehicle crash involving a van whose rear tire tread separated. The driver, who was speeding and driving recklessly at the time, lost control of the vehicle, causing it to smash into a guardrail and flip over. One person was ejected and died instantly.
The other passengers were critically injured. The van’s reckless driver apparently made it out of the wreck with just minor injuries. The police charged her with reckless driving. “In this case, there could be one wrongful death lawsuit and three personal injury suits based on the fact that the driver was negligent. Any one of the people injured has the right to sue the driver for their medical expenses, lost wages, pain and suffering, etc. The estate of the woman who died also has the right to sue for similar compensation,” Smith said.
“Never assume that you can handle a car wreck claim and negotiate with an insurance company. That is a mistake that could very well cost you a great deal of money in terms of a settlement. The injuries in cases like this one were quite serious and the medical expenses enormous. Someone has to pay for that. Someone has to pay for the death of [the woman who was ejected], who was in the wrong place at the wrong time. If you’ve been in a similar situation, call me, I would be happy to discuss your case with you,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
18-wheeler multiple crash causes severe injuries
Some accidents never should have happened. A string of errors in this instance caused significant injuries to the survivors.
This multiple vehicle wreck was a dramatic sight to behold, and wound up injuring three people when four cars and an 18-wheeler collided. It created quite the mess on the highway, and left law enforcement officials trying to figure out how it happened in the first place. The names of the victims have been changed to protect their identities.
Evidently, driver number one, John Doe, had parked his sedan by the side of the road to replace a flat tire. Driver number two, Bill Smith, parked his F-150 truck behind Doe’s sedan to help him change the tire. Along came a pickup truck, driven by driver number three, Jane Thomas, who fell asleep at the wheel of her vehicle and hit the rear of Smith’s truck, which then rammed into Doe’s vehicle.
Things got more complicated from there. The impact force of the chain collision pushed one of the cars out into the oncoming lane of traffic, where it was hit by another car being driven by driver number four, a 76-year old man. The same car that was shoved out into highway traffic was then hit once again by an 18-wheeler.
When EMT crews arrived on scene, they took Doe and Smith to hospital for medical care. The other victims had varying degrees of injuries, but amazingly enough, they all survived. The chain of liability in this case would be terribly confusing, but suffice to say, driver number three, Jane Thomas, would likely be the “at fault” negligent driver for falling asleep at the wheel.
Where it may go from there would depend on the evidence at the scene, but there may also be questions about the elderly driver not paying attention to where he was going and driver number five, the trucker, speeding and driving inattentively.
While this particular case may be a tad unusual, accidents tend to happen every day. Knowing what to do if you have been in one is the key. If you have been involved in a crash where you are certain the other driver was negligent, and you have sustained injuries, call an Arkansas accident lawyer. You will want to find out what your legal rights are, how negligence is defined, how it applies in your case and how to file a lawsuit to recover compensation.
While some accident victims do attempt to settle crash claims on their own, they generally find they have problems with the insurance company. If you involve an Arkansas accident lawyer in the claim from the start, the insurance company is usually more cooperative about paying reasonable damages and won’t spend time trying to diminish or dismiss your injuries.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Sexual assaults common in nursing homes
This type of abuse is not acceptable in any way, shape or form. Unfortunately, it happens far more often than we think.
Recent statistics dealing with nursing home abuse indicate that virtually 90 percent of all nursing homes in the U.S. – that bears repeating, 90 percent of ALL nursing homes in the U.S. – have been taken to task for violating federal safety and health standards. Think about that for a minute. What on earth are they thinking?
They are caring for our most precious loved ones in conditions that are unhealthy and unsafe. This should make you ask yourself whether or not it’s a good idea to admit your senior family members to a nursing home. It’s a fair enough question, and one that many people ask an Arkansas injury lawyer before their loved one is placed; largely to check if the home has been sued in the past for abuse and/or negligence.
At one time, privately owned nursing community homes were a great alternative. Today, 94 percent of them have been called on the carpet for the same violations as nursing homes. There is an epidemic of abuse and neglect, largely done in the name of the almighty dollar. It’s not that residents in these homes don’t have rights; they do, under the federal Nursing Home Reform Law (1987). It mandates that these facilities must promote and protect every resident’s rights. This obviously isn’t being done if you consider those awful statistics. Nursing home abuse is a crime – period.
Did you know that there were at least 14,000 nursing home deaths, due to neglect, from 1999 to 2002? You would have every right to think those numbers are even higher now. There are other numbers from the National Center on Elder Abuse that also show at least one resident in 20 becomes the target of abuse or negligence. Frankly, those numbers are probably higher. What is very disheartening is the further evidence that roughly 57 percent of nurses’ aides in long-term nursing homes either witnessed or took part in abusing a senior.
Right now, there are over 1.5 million people in our nation’s 15,000 nursing homes; statistics Arkansas injury lawyers work with when preparing a case of this nature. This is not just a number to be digested and tut-tutted over. This is a warning for those who will come next, that those facilities need to meet federal health and safety standards to qualify for Medicare and Medicaid.
This is important because those two health care programs cover at least two-thirds of nursing home patients and rack up a cost of $75 billion a year. Furthermore, if the basic health and safety standards are not being met, what does that portend for the residents regarding other personal care issues?
Nursing home abuse stalks the corridors of many long-term care homes and private facilities in the form of neglect, which may include the presence of bedsores, stiff joints, over medication to keep the patients quiet, disgusting personal hygiene, dramatic patient weight loss, physical abuse, withholding medical care and sexual abuse – yes, sexual abuse by staff and other patients. Approximately 10 percent or more of physical abuse cases involves sexual abuse.
Your loved one may not speak out for fear of retaliation, or may not be able to say anything due to physical or cognitive difficulties. Many seniors are unable to fend off sexual assaults. Watch for the following signs if you suspect sexual abuse: bruising in the breast area, upper abdomen or inner thighs, vaginal or anal bleeding, trouble walking or sitting, irritation or itching in the genital area or a sexually transmitted disease. If you see this, don’t think twice, head for the nearest Arkansas injury lawyer and discuss filing a lawsuit.
Michael G. Smith is an Arkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The Convoluted System of the Veterans Benefits Administration
Battling the Veterans Benefits Administration for benefits is almost second nature to many Armed Forces personnel.
This is a story that highlights some of the incredible problems there are for vets who are trying to deal with the Veterans Benefits Administration (VA). It involves a case we heard about where a retired Marine Sergeant was shot in the head in Vietnam, which resulted in spinal-cord surgery that landed him in a wheelchair for the rest of his life.
The Marine was told by a VA doctor to file to get funding that would allow him to adapt his home and car to handle his wheelchair. Flash forward to 2010, and the Marine is still fighting to get his claims dealt with, since all that has transpired in the last ten years was what appears to be a monumental run around of claim denials, a few rounds with legal interpretations, and dealing with the government bureaucracy. This Marine would get some straightforward information from an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits.
Over the last ten years, the Marine took matters into his own hands and went ahead and did his home renovations to the tune of roughly $6,000. He also got his driver’s license suspended; not one of his finer moments, but he noted with some humor that the VA told him he could not drive without special equipment and then told him he couldn’t have that very same equipment for a service related disability. This Marine is definitely not alone in his fight to get his claim honored.
There may be some light on the horizon in the form of VA Secretary Eric Shinseki, who has indicated he wants to clean up the inefficiency and clean out backlogged claims. Sounds good on the surface, but what about the error rate for processing claims? The error rate is actually not the problem in and of itself; the problem is that the whole system needs overhauling (much like the health and immigration systems).
Dealing with the backlog of claims may be nice, but rushing to move them out doesn’t address the underlying problems when it comes to staff making errors. Hustling things along will only mean the claims may be processed faster, but with a higher error rate, because no one is taking the time to make sure they are right the first time.
Overall, Shinseki wants to hit an accuracy rate of 98% by 2015, which also sounds fantastic, but do some math first to figure out what that really means. Let’s say the VA processes 2 million claims; that means a 1% error rate would be 20,000 vets. That’s a whole lot of problems for the vets.
If you find yourself in the revolving door trying to deal with a VA claim and don’t feel like you are getting anywhere, contact a seasoned Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits. It may be the best thing you have ever done for your health.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Investment Fraud Stalks Unwary Buyers
Just about everywhere you turn these days, there is some kind scam going on. Sadly, investment scams are at an all-time high.
People want to invest money because they’d like to ultimately “make” money and be comfortable in retirement. Nice thought, and at one time, this was quite “doable.” Since the recession hit, those with investments have lost a lot of money, not their shirt – not yet – but it’s been a depressing ride for many. It’s hard not to understand why those who have lost funds would want to recoup them as fast as they can, any way they can – legitimately that is.
With that kind of investor mindset, it’s not much wonder there are scam and con artists out there that will set up schemes that are too good to be true and go trolling for unsuspecting investors. Unfortunately, even some pretty savvy people who do invest quite often get “had” by a scheme now and then. Of course, there are also the uninitiated investors who may be dabbling in the market and have an inkling of what they are doing, but not enough knowledge and intuition to spot a fraud when it raises its ugly head.
Here are a few things to be on the alert for if you are planning on doing some investing. If the rate of return on your investment is way too high – it sounds fantastic in fact – tone down your enthusiasm, because in cases like this it “is” too good to be true. The truth is that it is very rare for an investment to return more than twice the principle.
Keep in mind too that every investment must be audited and if this is not being done, your radar should go on high alert, prompting you to do some in-depth searching about the “opportunity of a lifetime.” Feeling rushed to fork over your cash? Being pressured to buy in or lose out? Back up a few steps and reconsider what you are doing. If the business offering the opportunity is legit and stable, they aren’t going to be out hustling customers and they won’t be using hard sell tactics either. This is when the word “No” should leave your lips promptly.
Sometimes all you have from the person who is trying to sell you something is their word about their firm or opportunity. Even though you may feel like its overkill to check out the firm’s rep and their investment offerings, do it anyway. The time you check may be the time you find out you should “not” invest your hard earned money.
If for some reason you got had by some smooth dude selling something that cleaned you out, speak to a qualified attorney with experience in this area of the law. You never know, you may be able to recover something.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The Bus Was in Neutral When It Injured Another Motorist
School bus drivers really need to pay attention to their driving. This driver left his bus in neutral and injured another motorist.
It goes without saying that if someone is driving a school bus, they have a duty of care to pay attention to what they are doing at all times. They are hauling a lot of potential victims should they become involved in a crash like the one in this case.
No one is quite sure why the bus driver in this instance left his school bus in neutral, other than his own comment later that he forgot it was in neutral. What happened here is that a woman was struck head-on as she was waiting for the school bus to proceed forward just after it let some students off.
The bus driver said he’d had problems with shifting the bus into drive after dropping off a physically handicapped student. At that time, the school bus doors were not closed. He radioed for help to the dispatcher while putting the bus in neutral. The dispatcher told the driver what he needed to do to move the bus forward, and that was make sure the doors were closed first.
The bus driver made sure the doors were closed, but didn’t remember he was in neutral. The end result was colliding with another motorist, who was taken to a local hospital for treatment for her injuries. The rest of the students on the bus were not hurt.
“The first thing that comes to mind here is that the driver of the bus obviously did not have enough experience to be driving a school bus. Whether that means he didn’t have adequate training, which could be inferred from him not knowing how the bus moved forward, or was driving a bus he wasn’t familiar with, the results were an accident that could have been worse than it was,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.
“As it stands, the woman who was hit has what appears to be a good case to file a personal injury lawsuit to recover, among other things, any medical expenses associated with her injuries and any damages relating to her car,” added Smith, and Arkansas accident lawyer.
As for the school bus driver, until a further investigation is completed, it may not be clear if forgetting the bus was in neutral was his only transgression. He may have been listening to an MP3, texting while waiting for dispatch to respond or even reading a school bus manual. “Whatever the case may be, there is a good chance he will be found responsible for the woman’s personal injuries,” indicated Smith.
In cases like this, it may be that the motorist was not badly hurt – or at least, that is the way things may ‘look’ on the surface,” explained Arkansas accident lawyer Michael Smith. “However, minor injuries have a way of developing into something much more serious later. This is one good reason to talk to a personal injury lawyer if you have been involved in an accident,” he commented.
Learn more by visiting http://www.Arkansaslawhelp.com
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Recent Posts
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- Fast Moving Car Crashes Into Amish Buggy Causing Fatality and Injuries
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- Fractured Femur Leads to Medical Malpractice Suit