Often the other vehicle’s occupants die in the carnage.

“While size alone may make them the “Kings” of the highway, this doesn’t mean they are exempt from following the rules of the road, just like the rest of us. In fact, you’d think it would make them ‘more’ aware of what they were doing ‘because’ of their size and deadly potential,” noted Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

“Here is an interesting fact for you. Commercial trucks account for approximately 3% of all motor vehicle registrations. Doesn’t sound like much does it? Unfortunately though, they are responsible for roughly 12% of all yearly traffic fatalities,” observed Smith. The government does seem to be working toward making highway travel safer by putting stricter rules and regulations into effect that target truckers; specifically to get them to take precautions to avoid fatigue and distracted driving.

The statistics for big rigs crashes show that distracted driving tops the list of fatal driving errors. That list includes three kinds of distracted driving: taking their eyes off the road, taking their hands off the wheel, and disengaging their minds. This likely won’t surprise you in this day and age of texting, but truck drivers causing accidents while texting is negligent and deadly, and the very worst combination of the top three distractions,” Smith outlined.

“Maybe you haven’t heard about the case where a trucker killed a mom and her young child because he was watching a porn movie on his laptop while driving. Of course this is the high end of recklessness, not to mention stupidity, but it points out that some really strange things can and do happen,” added Smith.

Some other research just done recently by the Federal Motor Carrier Safety Administration revealed that truckers who text do so while taking their eyes off the road for 5 out of every 6 seconds. “If they are traveling at 55 mph, the trucker actually travels the full length of a football field without looking at the road. Pretty scary stuff, isn’t it?” asked Smith. On top of that frightening revelation, big rig truckers are up to 20 times more likely to get into an accident while texting on their cell.

The good news here is the DOT has now banned texting for truckers. If they follow the rules, this should help reduce accidents as a result of texting. If they don’t follow the rules, and let’s face it, some people won’t, there will still be death by texting while driving a big rig. “Yes, there is a fine if they’re caught texting. Lawyers can now also go for punitive damages to make a point that texting while driving is deadly,” said Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

Learn more by visiting http://www.Arkansaslawhelp.com

Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.

“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.

In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.

“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.

Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.

The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.

Learn more by visiting http://www.Arkansaslawhelp.com

In a recent article, we talked about veterans being denied medical claims possibly because of VA budget concerns. That might make some sense when one considers that over $100 million has been ripped off from you – the taxpayers – since 2003 by contractors who masquerade as disabled vets. That’s a whole lot of money that could have been used to settle vets’ medical claims.

The story goes that the Veterans Benefits Act (2003) was designed to offer sole-source government contracts to disabled vets who owned businesses. Someone blew the whistle on this rip-off and there was a huge investigation which did precisely zero. The rip-offs still continue today. Widespread fraud every year and for some reason, the government lets it happen. Would they have a reasonable, rational explanation for that? Chances are they wouldn’t, but it might be interesting to hear what they have to say.

The government is in fiscal disarray and US taxpayers and vets are paying for that mess in a very personal way. If fraudulent contractors posing as vets continue to dine out on our money, what does that say about the checks and balances that are supposed to be in place to ensure fairness? What does that say about the government’s commitment to resolving the country’s financial mess?

Unfortunately, current laws don’t have any penalties in place for this particular type or kind of fraudulent scheme. In fact, if you can believe this, the awarding criteria for the program is based on the honor system. Yes, the honor system. All companies that are applying for funds have to do is check a box on a form that says they meet the VA criteria and they’re in business. Follow-ups, you ask? No, no one confirms their eligibility.

The bottom line here is that government contracting officers know about this and don’t do anything. There is a move afoot to introduce legislation to criminalize misrepresenting a business as being owned by a disabled vet, when in fact it is not. Someone certainly needs to do something about it, as the people who are pulling this stunt are stealing money that is supposed to go to vets.

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

“Generally speaking, there are two kinds of people who want to venture into the world of investing. Those who have an optimistic point of view on investing (if all goes well) but remain skeptical in light of recent fraud cases, and those who are skeptical first and try to hang onto their sense of optimism that not everyone is out to scam you,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and dealing with stock fraud cases in Little Rock Arkansas.

The most successful investors seem to have a certain internal radar about them that can spot a dud at fifty paces and the Bernie Madoffs of the world don’t get past their front door. “Having said that, it’s not easy to spot a fake, particularly when the fraudster is charming, personable, has a good reputation and an ‘image’ that projects confidence and trustworthiness. It’s those with the glib gab that get the furthest and make the biggest bucks in scamming people,” commented Smith.

Is it really possible to pull the wool over people’s eyes, take them for mega bucks and keep doing it for years? Yes, it is possible, and it’s possible because people have not done true due diligence in checking out the investment opportunity. They have relied instead on that illusive word of mouth from others and a person’s reputation. They have not checked into any details in any depth, and this is how people get ripped off.

“While people don’t like to question those that appear to be in the know, be successful and may even be a friend, it’s in their own best financial interests to check, check, check and check again,” added Smith, who has handled some interesting stock fraud cases in his years of practice. “You need to protect your ‘own’ interests first and if that means the person who is offering you a ‘great deal’ stops talking to you, you may just be better off,” he said.

Relying on mere trust without checking is precisely how Ponzi schemes get going and stay flourishing until the roof falls in one day. “Put another way, the person who unwittingly gets back his principal investment (from newer clients) as their ‘return on their investment’ just sets the person up to be a sitting duck who unintentionally may supply other victims to the scammer,” outlined Smith.

“Here’s one thing that you might want to watch out for if you’re planning on dealing with an independent investment advisor. First off find out if the advisor’s independent accounting firm is an obscure, ‘who in the heck knows who they are’ kind of firm,” recommended Smith.

If the investment advisor someone is working with keeps custody of client assets (money), that means they “must” have independent audits and unannounced audits by the SEC. If the advisor isn’t keeping the assets, but a group does, the client has statements to verify what is going on. In the Madoff case, the accounting firm was a “who in the heck are they” kind of firm. Red flag number one.
There are other areas to check as well, including the answers to the advisor’s ADV on the SEC site.

Analyze them carefully, because quite often there are clues sprinkled in the answers that will tip someone off that all is not as it appears to be. “When in doubt, speak to an attorney who handles cases like this and have them check the information out. It could save you a whole lot of economic grief,” stated Smith.

Learn more by visiting http://www.Arkansaslawhelp.com

Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.

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

Traffic signs are put in place for obvious reasons. Those who fail to pay attention to those signs are running a very real risk of serious injury or death, as this case that we heard about demonstrates. A big rig driver blew a stop sign and because he did, he was involved in a crash with another semi and a minivan. The driver of the minivan was killed.

This accident happened when the driver of a tractor-trailer unit didn’t obey a stop sign at a road connecting with a highway. Just as he was sweeping onto the highway, he broadsided another 18-wheeler. The impact was so forceful that one rig was shoved into the northbound lane where it hit a minivan.

The driver of the van was virtually crushed into his vehicle like a sardine in a tin and the Jaws of Life had to be used to extricate him. Unfortunately, his injuries were so severe he died at the scene of the accident. As an Arkansas accident lawyer, we see cases like this quite often. They are never easy for the family and the shock of losing someone they loved is monumental.

Evidently, the drivers of the two big rigs were not badly hurt and managed to walk away from the scene with minor injuries. While the police report indicated that they didn’t believe drugs or alcohol were factors in this accident, there would be a full investigation to determine why the first trucker went through a stop sign.

On the face of this case, the trucker who went through a stop sign will likely be cited for failure to obey traffic signs and possibly speeding and driving while distracted. While there was no mention of a cell phone or laptop in the police report, it doesn’t mean the trucker wasn’t on his cell phone either talking or texting when he ignored the stop sign.

He may also have been hunting for a map, watching a movie on his laptop or picking something up off the floor. There may also be the possibility he was under the influence of prescription drugs or had been driving too long and was exhausted. If any of these scenarios is the case, the family of the minivan driver will have a good case to file for a wrongful death lawsuit with an Arkansas accident lawyer.

In cases like this, it is best to discuss all options with a skilled personal injury lawyer with extensive experience handling 18-wheeler accidents. There are usually a number of things that need to be done right away, not the least of which is to preserve evidence, gather reports, pictures and medical records. Time is truly the enemy in crashes involving 18-wheelers, so don’t wait to speak to an Arkansas accident lawyer to find out what your rights are and what to expect if you have a viable 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

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

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 10^th, 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

Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting

]]> http://www.arkansaslawhelp.com/blog/2010/04/veteran-gets-full-disability-for-water-contamination/feed/ http://www.arkansaslawhelp.com/blog/2010/04/man-dies-wrongful-death-in-hospital-misdiagnosis/ http://www.arkansaslawhelp.com/blog/2010/04/man-dies-wrongful-death-in-hospital-misdiagnosis/#comments Fri, 23 Apr 2010 14:46:12 +0000 jferris http://www.arkansaslawhelp.com/blog/?p=148 People go to hospital to get better. They don’t expect to die due to a misdiagnosis.

This is a case I heard about recently that points out that doctors can and do make mistakes when it comes to diagnosing patients. Something this man’s family found out the hard way when they lost their husband, father, grandfather and brother.

Here is the disturbing story. Mr. Sims (names have been changed to protect the victim’s identity) went to a local hospital in Seattle to have surgery to remove a noncancerous mass. Three days later, he died as a result of peritonitis that was misdiagnosed after his surgery. His family was worried sick about him, as he kept complaining about severe pain and thirst after the operation. He died an agonizing death.

The family filed a wrongful death lawsuit based on the fact that the man’s physicians failed to diagnose and treat the well-known signs of peritonitis. Evidently the doctors who treated him have credentials to practice at the hospital, but are not employed by the hospital.

This will be a contentious case based on what we know so far. There is certainly some indication of negligence on the part of the surgeons and the hospital staff. The difficulty will be proving it; something that will more than likely need to be done with the assistance of expert witnesses. In addition, medical malpractice lawsuits are often time consuming and expensive cases that even if an award is handed out, it may be capped – an injustice to the grieving family and an insult to the deceased who died in severe pain.

Generally speaking, if a person is killed due to the wrongful conduct of another, his heirs have the right to file a wrongful death action. This is an area of tort law that is governed by statute. While each state has a wrongful death statute, it tends to be different for every state. You need to check with your attorney to find out what applies in your state. What you need to know upfront is that most of the statutes cover who may sue and what limits there may be to an award (capping).

Of interest is that wrongful death statutes were originally created to allow financial support for widows and orphans, with the underlying purpose to encourage people to prevent injuries. You need to understand that a wrongful death action is not a criminal action and that you may file both types of actions – criminal and civil. Put another way, if someone was tried and found not guilty of murder, the family of the deceased may still sue for wrongful death.

Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting Arkansaslawhelp.com

This is a story of two big rigs that collided and burned. It was a ghastly scene, brought on by one of the trucks rear-ending the other. The accident totally shut down the freeway for six hours to clear debris, as one of the trucks flipped, causing both to catch on fire.

“The impact was so forceful that the trucker that hit the first 18-wheeler was killed instantly on impact. The fire that broke out on impact was an intense inferno, fueled by cleaning supplies, causing significant problems for the firefighters that responded to this emergency call,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.

The accident reports don’t clearly indicate just what caused this accident in the first place. Eyewitnesses suggest the second truck, the one that rear-ended the first, was traveling at a high rate of speed. “It is also not known if the deceased trucker was doing something else at the time of the impact, such as texting on a cell phone, reaching for a map, drinking something that spilled and distracted him, talking on a cell phone, playing a game on his cell phone or perhaps using his laptop,” added Smith.

Until the accident investigators get a chance to clear the whole scene and find the second driver’s cell phone, they won’t know for sure if that played a part in this fatality. “Other things that may have caused this incident could involve something going wrong with the 18-wheeler itself, such as a blown tire, a sudden shift in load, a dirty windshield or faulty brakes,” Smith listed. Road or weather conditions may have also been factors in this double big rig collision. Only time will tell.

Trucking accidents stalk the nation on a daily basis, and each year over 500,000 of them cause catastrophic injuries and deaths. Statistics show that out of the 500,000 accidents, at least 5,000 or more are deadly, which means one in every eight traffic accidents with a big rig ends in death.

There is a whole list of things that can and do cause 18-wheeler accidents which includes, debris on the road, driver exhaustion, speeding, not following the rules of the road, driving under the influence and reckless driving. “The sheer size and weight of these giants guarantees that the end result of any collision is extremely serious or fatal. And you have to remember, 18-wheelers don’t stop on a dime,” commented Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.

Learn more by visiting http://www.Arkansaslawhelp.com