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Big Rig Rollover Kills One Person And Injures Another
Big rigs travel the highways every day. And just about every day, one is involved in a collision that maims or kills another person on the road.
The case I wanted to talk about is one that I was made aware of while reading accident reports. While I did not handle this case, I have had cases similar to this. It just brought home the fact that there is a thin line between being safe and on the road to your next destination and being dead in the blink of an eye when a big rig rolls over. Death may visit the driver of the truck, just as easily as it can affect those around the vicinity of a semi when it crashes.
In this case, the trucker was hauling beer and was just about to merge onto a highway when he spotted a car stopped in the right lane. The driver was just sitting in the car at the time and no one knew why, aside from speculating about mechanical failure.
Unable to stop, slow down or swerve, the trucker attempted to avoid a collision, but smacked into the car, climbed an embankment and flipped over. The cab was severed from the rest of the truck and diesel fuel slopped out on the highway. The trucker was pronounced dead at the scene and the driver of the car was taken to the hospital, suffering some very serious injuries. It was several hours before the scene was cleared of debris, diesel fuel and dumped cargo.
Obviously, there would be an opportunity for the estate of the trucker to file a wrongful death lawsuit. However, the family of the car driver, or the driver himself, could also in turn file a personal injury lawsuit claiming the trucker was negligent in not watching where he was going, was perhaps speeding or maybe even driving while distracted. There are far too many possibilities to know for certain how this case may eventually turn out.
The point to be made here is that in most truck wrecks there are hundreds of details that need to be examined by a skilled Arkansas injury lawyer to determine liability, who to sue, what damages to ask of the court, which insurance companies are involved in the resulting melee and just what precisely happened to cause an accident in the first place.
Truck wrecks are not as simple and straightforward as they may seem at first blush. There are usually too many other parties with a vested interest in the outcome to think, even for a moment, that the case won’t be difficult to get to trial.
If you have been involved in a truck wreck and lived to tell the tale, speak to an experienced Arkansas injury lawyer. You should know right upfront what your legal rights are and how complex cases like this are handled.
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
Business Disputes Can Get Ugly Admits Arkansas Business Lawyer
Keeping a lid on business disputes is not always easy. People will be people and disagree, even when it is counterintuitive to a functioning business.
“Believe it or not, even smart business entrepreneurs can get embroiled in a difference of opinion with someone else and get right out of hand over the whole thing. Yes, they may even go against their own self interests and compromise something of great value because they’re being irrational. It happens when business matters heat up and begin to involve emotions. When emotions are involved, it’s tough to do negotiations or come to a reasonable resolution,” said Michael Smith, an Arkansas business lawyer.
Ideally, when it comes to business, there is not any room for egos to bull into the arena and create havoc. Unfortunately, this happens more often than not when high stakes business ventures are on the table. Personalities get mixed into the milieu and one thing leads to another, creating a disaster and a call for legal counsel. Litigation is expensive and there are usually winners and losers. That is just the way it is.
“In this day and age, there are even more solutions to differences of opinions such as negotiation, mediation and arbitration. Using these alternatives may take the sting out of the ego and allow both sides to focus on what the real issues are – a different way of doing business that the parties involved aren’t sure will work. While ego has a place in business creation and success, it doesn’t have a place when it comes to resolving an issue that is ultimately for the good of the whole corporation and their customers,” said Arkansas business lawyer Smith.
Leaving the ego at the door is a marvelous idea that will, in the long-term, wind up with a just and equitable solution to a problem involving how a company is run. It is wise to have legal counsel on hand for matters such as this, as when spite is about to do something short-sighted and tank something that only needs a slight tweaking, legal counsel is the voice of reason. After all, some of the choices made by an irate businessperson may ultimately backfire legally. There is no point in that.
When all else fails, retreat is another position to consider. However, in order to keep the wheels of commerce on the bus, it’s best to slog through the dispute and ask for sound and knowledgeable legal advice from an Arkansas business lawyer and resolve the issue in favor of the consumers.
Learn more by visiting http://www.Arkansaslawhelp.com
Americans Die More Frequently In Car Wrecks Than Any Other Kind Of Accident
The number one killer today is car crashes. Auto wrecks are the leading cause of death for U.S. residents under 34 years old.
The number of auto wrecks that happen each year is enough to curdle your blood – over 40,000 people die in metal carnage every single year. That means that there are, on average, at least 115 deaths every day. That is the devastating loss of people that were loved and will be mourned for many years to come.
It’s not just the loss of life that is costly; it’s also the fact the car crashes cost at least $150 billion a year. While you might think this won’t happen to you, the statistics show that you are likely to be in at least one wreck in your lifetime. It is numbers like this that generally turn up in court when you are represented by an Arkansas accident lawyer attempting to obtain compensation for your injuries.
There are some things you should know if you are in an accident and the first thing is, even if you apparently have no injuries, call the police. You need to file an accident report, because if you do turn out to have injuries as a result of the crash, you need to have a paper trail. Part of that paper trail is a police report. In addition, these reports (usually used for insurance adjusters) usually determine fault. You will want to make certain your report is not only accurate but thorough. Any loopholes will cause a major headache for your Arkansas accident lawyer later.
What about witnesses? Yes, you need to have a record (interview) of all the witnesses and of any other parties involved in the wreck. If there is a diagram of the scene and/or pictures, get a hold of those as well. If the police aren’t interested in getting all this information, make sure you try to track it down yourself, complete with cell phone photos of the crash site.
Be aware that the most common injuries that you might suffer in an auto accident are muscle tears and strains, bone and joint injuries, paralysis, whiplash and head and neck damage. Most of these injuries are not seen and therefore are hard to prove to a jury later, never mind the insurance company who wants to minimize your injuries and/or reduce or deny your claim.
Get medical attention right away, even if you think you are fine. Ask the doctor to keep thorough records that may be needed for court later and ask that they note that your injuries are the result of your accident, if that is how they diagnose your condition(s). If you don’t have your injuries properly documented, this will be a problem in court.
Sometimes, when it comes to car crashes, the simple things that need to be done to cover your case later are overlooked. Pay attention to the details, because they will make or break your case when and if your Arkansas accident lawyer takes it to trial. Your damages may include recovering the cost of medical expenses, loss of property, loss of wages, pain and suffering and/or costs for long-term care if you sustained a life-altering injury.
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
Arkansas Injury Lawyer Smith Advises Bruises May Be Sign Of Elder Abuse In Nursing Homes
Nursing homes are meant to be places of safety. Unfortunately, this isn’t always the case.
“If you’re in the situation where you need to place a loved one in a nursing home, you want to know they will be safe, treated with respect and dignity and will be well cared for. The last thing you want to find out is that they are being abused. While you might not want to think about that, this does happen in a great number of nursing homes. Your loved one may be facing physical or emotional abuse on a daily basis. Are you aware of what is going on in the nursing home?” asked Michael Smith, an Arkansas injury lawyer.
Those who aren’t certain what is going on in a nursing home and whether or not their relative is indeed safe should watch for the sometimes-subtle warning signs. This is actually a very significant responsibility for those with family members in a home, as seniors are not throwaway people to be ignored and treated badly. They are people who deserve respect and protection. If they are not getting what they deserve, it’s crucial to consult with an Arkansas injury lawyer to put a stop to the abuse.
Physical abuse tops the list of atrocities that seniors may face every day; abuse that inflicts physical harm. This may involve slapping, hitting, pinching, shoving or other forms of direct physical contact. There is also a more subtle form of indirect abuse that may involve food deprivation or withholding needed medications. This kind of abuse virtually ensures long-term trauma for seniors who have to rely on the help of others while in the home.
“While it might seem obvious to say look for bruises, I don’t necessarily mean bruises on their hands and arms, although that is a common location. There may be bruising and welts in other locations as well. Be aware of their physical condition at all times, as any change may signal they are being abused. For instance, inner leg bruising may indicate sexual abuse. If you don’t know, don’t waste time arguing with management, contact a skilled personal injury lawyer and find out what can be done,” Smith said.
In some cases, abuse manifests itself as broken bones, sprains and dislocations in the hip area; usually a result of being shoved and pushed about by a caregiver. This causes hip dislocation and a possible fall. Shoulder injuries may also arise from rough handling.
“Look for broken glasses that may be a result of someone applying force to their face. Also be alert for rope marks on wrists, a sign of illegal restraint. The bottom line is, if the nursing home isn’t happy to have you visit your mom or dad or grandparents alone, be wary and alert,” 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
Bill to Improve Veteran’s Health Services
A new act may finally provide the kind of care and support veterans and their families deserve.
Just last month a piece of bipartisan legislation quietly passed into law – the Caregivers and Veterans Omnibus Health Services Act (Caregivers Act). While the title might not say much about what it contains, the bill is designed to not only improve, but reform veteran’s health services.
The intention is that wounded vets get more support, as well as their caregivers (that includes family or others). Of note is a provision that expands care for female veterans (over 1.8 million), one that offers improved mental health services and one that provides increased access to health care for veterans living in rural parts of the US.
This type of legislation has been a long time coming and it is hoped it will make an enormous difference in the lives of those who volunteered to fight for their country; its right, its freedoms and its sovereignty. Many vets are hard pressed to get the help they need when they return from war zones.
Unfortunately, many veterans are injured in ways that cannot be “seen” – post traumatic stress disorder, traumatic brain injury, anxiety, etc. – and because no one can “see” their injuries, they are often shuffled around from pillar to post without getting the medical help they need. Filing for disability is typically a major undertaking. Many times veteran’s claims are denied and often it is many months, if not years, before a claim is resolved.
Statistics relating to veteran’s care indicate that at least 21% of active duty, 24% of retired or separated service members and 15% of those in the reserves are being cared for by a friend or family member who had to quit their job to care for them full-time. The Caregivers Act offers these caregivers assistance and support to handle the stress (mental health services and counseling) of caring for a disabled vet, as well as respite care for families and other caregivers. This new legislation’s intent is to provide health care and a service stipend for caregivers living with wounded vets from the Afghanistan and Iraq conflicts.
Many laws have been passed to help vets, all with seemingly good intentions. Unfortunately, most were ultimately watered down to the point of being completely ineffective by the courts’ interpretations. Only time will tell whether or not this new Act will accomplish what it says it intends to accomplish.
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
Veteran Gets Full Disability for Water Contamination
Veteran Gets Full Disability for Water Contamination
In what may be a first, a former Camp Lejeune Marine received full disability as a result of water contamination on the base during his service.
This is a first, and may be just the tip of the iceberg. It involves a former Camp Lejeune Marine who is suffering from a rare blood disease as a result of historical water contamination of the base’s water system. The former Marine is one of a small group of veterans to get full disability for the contamination.
“Former Marine Buckley was astonished to get the compensation, and even more surprised that his claim was granted in full. Usually, trying to get compensation out of Veteran’s Affairs it like pulling hen’s teeth,”said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and veteran’s law in Little Rock Arkansas.
This was by no means an easy victory for the 46-year-old Marine veteran. May 10th, 2006, was a signature day for the former Marine who became ill very quickly and just made it to a hospital emergency room where he promptly collapsed. He wound up being in a coma for ten long days. At the time he fell ill, his contract with the Marines had been over for at least 20 years.
“Oddly enough, the Marine was diagnosed with multiple myeloma, which is a very rare and usually incurable cancer. It also normally affects a different demographic than Buckley was in. Although the doctors who diagnosed him knew what he had, they were more than confused since it’s usually elderly people who contract this; ones who worked with certain chemicals,” added Smith. At the time Buckley fell ill, he was only 42 years old.
The doctors weren’t the only confused people in this piece; so was Buckley, as he had never been exposed to the kinds of chemicals that could lead to multiple myeloma. Then one day he received a newspaper clipping in the mail from his sister. “It was an article about contaminated Camp Lejeune drinking water that had been laced with benzene and other toxic chemicals from the 1950s to the early 1980s. Benzene is a primary cause of multiple myeloma,” Smith stated.
Turns out that a fuel spill in 1984 at Lejeune’s Hadnot Point polluted the water and it had much higher levels of benzene than records indicated. Buckley had lived on base for a year and a half in an area serviced by Hadnot Point water pipes. There were no other reasons why he would have contracted multiple myeloma.
His appeal was granted because his advocate had letters from the Agency for Toxic Substances and Disease Registry, patient treatment reports that showed no risk factors for this disease, other than being at Camp Lejuene and other pertinent information. “It was pretty clear that the water contained not only benzene, but TCE, PCE, DCE, vinyl chloride, radioactive material, pesticides (DDT), etc. All these compounds are known carcinogens. The upshot here is that his disease was directly linked to his military service,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and veteran’s law in Little Rock Arkansas.
“While it may be difficult to chase down a favorable decision at times when dealing with the VA, it can be done by building a solid and well documented case. In this instance, justice was done. If others in similar circumstances also choose to file, there is every likelihood they will also succeed to varying degrees based on the facts of their case,” commented Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Financial Senior Abuse
Many people are familiar with the term senior abuse, but many don’t consider financial abuse to be a crime. Sadly, this crime is on the rise.
The lousy economy these days has led to a new form of senior abuse – financial abuse, as younger members of a family start to take advantage of older relatives who may have a nest egg stashed away. We may not be aware of this happening because in most instances it starts slowly and without any fanfare. It may start with a request for a few dollars here and there and over time escalate into cash being taken out of a senior’s wallet or purse or from their bank account.
Maybe taking a few bucks from a senior doesn’t seem like a big deal, but if it continues, there is the potential to totally wipe out that person’s life savings. This is abuse, financial abuse. It’s a temptation to those who have very little money to spare in this economy. However, this is a form of stealing, even if the person the funds are being taken from is a family member.
Why is this particular form of elder abuse so easy to perpetrate? It largely has to do with the fact that since housing is in such a mess, many people who should be out on their own with the own homes are having to abandon that home and move back in with parents or other relatives. This isn’t the most ideal situation in many cases and causes a lot of stress and pressure for seniors who happen to be a part of those “new” living arrangements. In addition, a lot of younger individuals may not deal well with the loss of a job, family or home and turn to drugs and alcohol to handle matters. The potential for violence increases in circumstances like this. If that violence spills over to a senior, elder abuse takes on a whole other ugly façade.
Sadly, statistics show that about one in close to 25 cases of elderly people being financially exploited happened to be reported. The National Center on Elder Abuse extrapolates those figures to mean that there may be close to 5 million elderly financial abuse victims in the U.S. every year. That is a shocking statistic. It’s not just financial abuse that is going on either; at least five out of six cases that involve elder abuse deal with neglect and exploitation, and these go unreported as well. Many people who deal with elder abuse in the system are reporting a significant increase in elder abuse since the recession crept in.
In any situation where a senior is being abused, whether it is physically, emotionally, mentally, psychologically or financially, it’s best to speak to an attorney with experience in this area. Justice needs to be done for our seniors and the only way this will happen is by speaking to an attorney who understands the ramifications of elder abuse, and who is able to put a stop to it.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Sports and Traumatic Brain Injuries
Head injuries sustained as a result of sporting injuries are serious and have the tendency to be cumulative, resulting in major trauma for the victim.
People are probably familiar with the term “Shaken Baby Syndrome” and understand immediately what that means in terms of damage to a baby. The result of a baby being shaken causes the infant’s brain to be bruised irreparably. Here is how that works. Inside everyone’s head there is a fluid filled space in between the actual skull and the brain. Apply enough force to the skull, say blunt force traumas that happen in sports, and the brain slaps up against the hard skull. The end result here is something called a concussion.
The other term for concussion is bruised brain and we all understand that some bruises are much worse than others. Watching hockey, football, soccer, polo or other body contact sports will inevitably show the viewer at least one bone crunching thump to the skull by one player to another. If the player has been in a particular sport for a number of years – say hockey for 5 or more years – they are likely to have sustained numerous concussions. Many of those hits to the head may not be that serious, but over a period of time the damage builds up and manifests itself in interesting and problematic ways.
For instance, cumulative damage may end up manifesting itself as short term memory loss or even pseudo-Parkinson’s disease. An example of a well-known sports figure who sustained cumulative brain damage is Mohammed Ali. His precise diagnosis is actually pseudo- Parkinson’s disease which is the adult equivalent of Shaken Baby Syndrome.
While everyone agrees that something needs to be done to make the sport safer, it still seems that no one knows exactly what to do or is hesitating to do it. Tighter chin straps would help, better helmets and decent mouth guards that actually allow a player to breathe through them would all be a great start. However, none of this addresses the legal ramifications of negligence in “not” providing players with the proper equipment, even when team owners are aware of the consequences of using improper gear.
It’s no laughing matter to get concussions on a consistent basis as a result of using not so safe paraphernalia. It’s no wonder that many people involved in sports are seeking legal counsel about the ramifications of being provided with improper gear. Only a skilled personal injury attorney will be able to address what this may mean in terms of compensation for personal damages sustained while playing sports.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Motorcycle Crashes on the Rise
There isn’t much question that motorcycle crashes are on the increase. One only has to read the local news to see that.
Virtually every weekend someone is killed in a motorcycle crash. Whatever caused the accident, bad roads, bad weather, motorist inattention or even speeding; the statistics are mounting at a rapid pace. Just recently across the nation one weekend witnessed the deaths of at least 20 bikers for a variety of reasons. Sadly, in many of them, speeding was the critical factor that ultimately caused the deaths.
Overall statistics for biker deaths in America are quite alarming. For instance, in 2006 there were 4,837 motorcycle fatalities. In 2007, that figure went up dramatically to 5,154. That means that motorcycle fatalities accounted for 13% of all road fatalities in 2007, which was up from roughly 11% in 2006.
Typically most of the fatalities involved motorcyclists aged 20-29. And the more troubling statistic is the fact that roughly 25% of these people who died had invalid licenses. It doesn’t take a rocket scientist to see that motorcycles have the potential to be death traps for the inexperienced.
Speeding while on a motorbike is literally an accident looking for a place to happen. In one recent weekend incident, a biker slammed into the back end of a parked car at the side of a highway so hard, the car wound up on a guardrail. You can only imagine what condition the biker was in when the police finally dislodged his remains from underneath the car.
For those that do survive a motorcycle crash the injuries could range from scrapes and road rash to broken bones, traumatic brain injury, herniated discs, paralysis and death. Not exactly the kind of thing anyone wants to hear when they love riding their bikes. However, that is the reality of life and at times, life as a habit of biting people hard when they least expect it.
No matter what the reasons are for the accident you may have been involved in, you will need a skilled personal injury attorney to help you get damages. Those reasons may include negligence on the part of another person, improperly maintained roads, reckless driving on the part of another, or an improperly maintained bike.
All these things need to be factored into a motorcycle personal injury lawsuit or a wrongful death suit. Talking to your experienced personal injury attorney will make things clear on how to proceed with a potential lawsuit.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
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