Truck Crashes

Truck Crashes

by | Oct 23, 2020 | practice-areas

Every traffic crash can cause serious injuries, but if you collide with a semi-truck, tractor trailer, or any other large commercial truck, the result could be tragic.

Common Causes of Truck Crashes

truck accident lawyer hit run iowaThere are a number of different factors that could lead to a truck crashes, including:

Fatigue
The federal government regulates the trucking industry to ensure drivers are not forced to stay on the roads for prolonged periods of time. However, even the most experienced truck driver can suffer from fatigue behind the wheel and cause an crash as a result of his inability to stay awake or react quickly.

Intoxication
Commercial drivers are held to higher standards than other drivers when it comes to driving under the influence of alcohol. Most states require commercial drivers to be under a 0.04% BAC level, which is much lower than the 0.08% required of other drivers. Despite these restrictions, some truck drivers still choose to operate their vehicles while under the influence of alcohol.

Improper Training
Trucks are much harder to operate than basic motor vehicles. If a truck driver has not been properly trained, his lack of knowledge could cause serious injuries or fatalities on the road.

Cargo Loading Errors
Cargo must be carefully loaded onto a truck to ensure the weight is distributed evenly. If it’s not, the truck driver could have a hard time controlling the movement of his vehicle, and in some cases, the truck might even tip over because of an unbalanced load. Other injuries could occur if the loading errors cause a piece of cargo to fall off of the truck and hit another vehicle.

Irregular Maintenance
The truck driver is usually not responsible for maintaining the truck, but the company that employs him is responsible for doing so. Trucking companies must ensure the truck is safe to operate prior to the truck driver beginning his trip. This includes checking everything from the condition of the brakes and tires, to the fluid levels under the hood. Every maintenance check performed on the truck must be well documented by the trucking company.

Truck Crash Liability

Determining liability in a truck crash is very different than determining liability in a car crash. In a truck crash, a number of parties could be held liable depending on the cause of the crash. If the cause was irregular maintenance, the trucking company may be held liable if it can be proven they did not perform regular maintenance checks on the truck. A trucking company may also be held liable when the truck driver’s lack of training caused the crash.

Because of the “respondeat superior” liability law, both a driver and a trucking company could be held liable if a driver error caused the crash. “Respondeat superior” means “let the master answer,” and refers to the relationship between an employee and employer. Even if a truck crash caused by a driver is not necessarily the trucking company’s fault, they may still be held partially responsible if the truck driver was an employee of the company.

Manufacturers may be held liable if a defective part of the truck malfunctioned and caused an crash.

To determine liability, you will need the help of an attorney who can investigate the details of your case and figure out exactly what caused the crash.

Compensation For Truck Crash Victims

Truck crash victims often suffer serious injuries that require extensive medical treatment, rehabilitation, and physical therapy. The emotional trauma of being involved in a truck crash could linger for months. If you or a loved one has been injured as a result of a negligent truck driver or trucking company, speak to the attorneys at Trial Lawyers for Justice as soon as possible. Call 866-854-5529 to schedule a free consultation today.

Truck Crashes

Train Crashes

by | Oct 23, 2020 | practice-areas

Millions of people travel by train in the United States every year, choosing this mode of transportation because of its affordability and convenience. But, every mode of transportation carries a risk, including trains. Train crashes can lead to serious injuries and in extreme cases, fatalities.

People who have been injured in train crashes should seek legal representation from attorneys with experience dealing with these cases. If the crash was a result of negligence, you may be entitled to compensation for your medical expenses, lost wages, future lost wages, and pain and suffering.

Common Causes of Train Crashes

best train accident attorney iowaSeveral different factors can cause a train crash, including:

Operator Error
The train operator has similar responsibilities to the driver of a motor vehicle—he must be aware of his surroundings so he can react quickly and protect those on board. However, if the train operator makes a bad judgment call or is not paying attention to the tracks ahead, a crash could easily occur. Sometimes, this is a result of fatigue, intoxication, or inexperience.

Track Defects
Train operators assume the tracks will be well maintained to avoid any issues during the trip. However, when someone fails to perform regular maintenance checks on the tracks or there is severe structural damage to the tracks, a crash could occur. In these crashes, the train is often completely derailed, meaning it comes off of the tracks, and serious injuries and fatalities may occur as a result.

Mechanical Failure
Train crashes can also occur when a part of the train malfunctions or fails completely. The operator may lose control of the train because of this failure, and the train may be derailed or unable to slow down in time to avoid a collision.

Collision
It’s possible for a train to collide with a pedestrian, car, or bicyclist who is on the train tracks when they shouldn’t be. In some cases, only the passengers of the vehicle will be harmed, but in other cases, train passengers may also be injured.

Common Train Crash Injuries

Train crash injuries can vary depending on the cause of the crash, however some of the most common injuries are:

Brain Injuries
Victims can very easily suffer brain injuries during a train crash if their head makes contact with the window, floor, or any other hard surface within the train. These injuries can range from a mild concussion to a severe traumatic brain injury. Regardless of how serious you think the injury is, if you hit your head during an crash, it’s imperative to seek medical attention right away.

Whiplash
Whiplash occurs after your head and neck have been forced to jerk forward and backward unexpectedly. This sudden movement causes the soft tissue in the neck to extend too far and can lead to lingering aches and pains in the neck, shoulders, and back.

Broken Bones
Train crash victims may also suffer from broken or fractured bones during a train crash. Areas that are most commonly affected in a train crash include the arms, legs, and collarbone.

Burns
In catastrophic train crashes or in crashes involving electrical issues, victims are at risk of sustaining burns. The severity of the burn will depend on how long the victim is exposed to the heat source, but in extreme cases, the victim may require reconstructive surgery as a result of disfigurement.

Help For Victims of Train Crashes

No one ever expects they will be involved in a train crash, but if it does happen, you should know how to protect yourself. After you seek medical attention for your injuries, contact the Trial Lawyers for Justice attorneys right away. Call 866-854-5529 to schedule a free consultation today.

Truck Crashes

Talcum Powder

by | Oct 23, 2020 | practice-areas

Women have sprinkled talcum powder onto sanitary napkins or into their undergarments for decades. These women were told the product could help control odors and moisture, but they were never informed about the potential risks associated with prolonged exposure.

Numerous studies have linked the use of talcum powder to ovarian cancer, and shockingly, internal communications at large talcum powder manufacturers show they were aware of the risks but chose not to inform the public.

The History of the Talcum Powder Lawsuits

why is talcum powder bad talcum lawyerThe first lawsuit related to Johnson & Johnson’s talcum powder was filed in 2009 by a woman named Diane Berg who was diagnosed with ovarian cancer at the age of 49. Berg had used talcum powder most of her life because she was unaware of its links to ovarian cancer. After filing her lawsuit, she was approached by Johnson & Johnson, who were willing to settle the case as long as she agreed to keep it out of the press. Berg refused, and this opened the door for many other similar lawsuits.

Recently, two families in St. Louis were awarded a total of $127 million in damages. The court found that Johnson & Johnson were aware of the potential risks of their talcum powder products, but failed to do anything to warn the public.

Johnson & Johnson is not the only manufacturer that has sold talcum powder without warning the public of its potential dangers, however it is the largest company involved in the legal battle. Plaintiffs in these lawsuits allege each of the manufacturers have known about the link between talcum powder and ovarian cancer for over 40 years, but decided to keep it quiet to avoid legal issues and protect their brands.

If you have ovarian cancer and believe it could be linked to talcum powder, speak to an attorney at the Trial Lawyers for Justice as soon as possible. Manufacturers are obligated to warn consumers about potential health risks associated with using a product. When they fail to fulfill this obligation, you should hold them liable with the help of an experienced attorney on your side.

How Victims May Be Compensated

Why should you bother pursuing a lawsuit against the talcum powder manufacturer that caused you harm? As a victim, you may be entitled to various forms of compensation. The manufacturer may be required to compensate you for current and future medical expenses that you have incurred because of talcum powder use. You may also be awarded for the pain and suffering that you have endured as a result of your talcum powder injuries.

More importantly, you will help give a voice to the countless women who may be suffering from ovarian cancer at this very moment, completely unaware that it is linked to a seemingly harmless product they have trusted for years.

To discuss your legal options, contact an attorney at the Trial Lawyers for Justice today.

Help For Victims is Available

Consumers have a right to know about the effects of using a product on their bodies. If you have suffered because of prolonged exposure to talcum powder, speak to an attorney at the Trial Lawyers for Justice immediately. Call 866-854-5529 to schedule a free consultation today

Truck Crashes

Spinal Cord Injuries

by | Oct 23, 2020 | practice-areas

A spinal cord injury can be traumatic and life-changing for the victim. According to the National Spinal Cord Injury Statistical Center, there are approximately 282,000 people in the United States who are currently living with a spinal cord injury, and another 17,000 new cases are diagnosed every year.

If you are one of these people who are living with a spinal cord injury, you may be entitled to compensation if the injury occurred as a result of someone’s negligence.

Types of Spinal Cord Injuries

best spinal injury lawyer iowa

Spinal cord injuries are classified as either incomplete or complete. Incomplete injuries occur when the spinal cord is only partially severed, so the victim may still have some functioning below the level of the injury. Complete injuries occur when the spinal cord is completely severed, so the victim may no longer be able to control his body below the level of the injury.

Spinal cord injuries are also labeled based on the loss of function the victim experiences. A quadriplegia or tetraplegia label is given to those who have lost movement and sensation in all four limbs. Paraplegia is used to describe injuries that result in loss of function in just two limbs, usually both legs, and triplegia is the term given to a spinal cord injury that has resulted in the loss of function in three limbs.

Treating Spinal Cord Injuries

Unfortunately, spinal cord injury treatment can be extensive. Victims may need to be hospitalized and given a ventilator and/or feeding tube immediately following the causing event. Depending on the type of injury, you may need to undergo emergency surgery. Victims will usually need months of physical therapy and rehabilitation in order to regain their strength and relearn how to walk and move certain parts of the body.

Some victims will need treatment for their emotional distress as well. A spinal cord injury can significantly impact a victim’s quality of life, and this is very difficult for some people to deal with. They may require counseling to learn how to cope with the major changes in their lives.

Treating a spinal cord injury is expensive. If your injury was caused by someone’s negligence, you shouldn’t have to pay these medical expenses on your own. Talk to an attorney at the Trial Lawyers for Justice to learn how you can recover compensation for your medical bills and more.

Common Causes of Spinal Cord Injuries

A number of different events can cause a spinal cord injury, but the most common types include:

Car Crashes
Crashes involving motor vehicles are the leading cause of spinal cord injuries in the United States. Pedestrians, bicyclists, and motorcyclists are most at risk during a car crash because they lack the protection that drivers have inside their vehicles.

Slip and Falls
Spinal cord injuries can also occur during slip and falls. For example, if you slip on a puddle of water in a retail store and fall backwards, you may suffer a spinal cord injury. This is especially common in older adults, however it can happen to anyone.

Swimming Pools
People can suffer spinal cord injuries if they dive into the shallow end of the pool or try to jump off of a defective diving board.

Construction 
Those who work in construction are at a greater risk of suffering from a spinal cord injury than others. These injuries can occur on a construction site as a result of defective or malfunctioning equipment, slip and falls, or being struck by a heavy object.

Help For Victims of Spinal Cord Injuries

If you or a loved one has suffered a spinal cord injury, contact the Trial Lawyers for Justice to discuss your legal options. Victims may be entitled to compensation for medical expenses, lost wages, future lost wages, and pain and suffering. Call 866-854-5529 to schedule your free consultation today.

Truck Crashes

Product Liability

by | Oct 23, 2020 | practice-areas

As consumers, we tend to believe the products we buy are safe for us to use, but that’s not always the case. Retailers, manufacturers, and product designers make mistakes, and these mistakes can lead to defective products. A product is defective when it does not do what it is intended to do. Unfortunately, some defective products can cause injuries or fatalities.

Injuries can range from minor to severe, depending on the type of product and defect. Victims may be entitled to compensation for their medical expenses, lost wages, future lost wages, and pain and suffering. Speak to an attorney today to discuss your legal options and rights under your state’s product liability laws.

Types of Product Defects

product liability lawyer defective productThere are three different types of product defects that could injure you, including:

Design Defects: If the product was dangerous because of the design, this is a design defect. For example, if a power tool is designed so the operator’s hand is not protected from the blade, this would be a design defect.

    • Manufacturing Defects: If the product was designed correctly, but then an error occurs during the manufacturing process, this is known as a manufacturing defect. For example, if the power tool was designed to protect the operator’s hand, but the protection shield was not installed correctly during the manufacturing process, this is a manufacturing defect.
    • Marketing Defects: Consumers must be made aware of any risks associated with using a product. If a product does not have instructions or warnings on the package and an injury occurs as a result, this is a marketing defect. Using the power tool example, if the packaging did not have instructions on how to safely use the tool, this would be a marketing defect.

It’s important to note you cannot file a product liability claim if you were not using the product as it was intended to be used. In these cases, the manufacturer, retailer, designer, and other parties are not liable for any injuries caused by the product.

Also, warnings are not required on every product, so the absence of a warning does not always mean there is a marketing defect. Manufacturers are only required to add a warning when the product presents a danger, the manufacturer is aware of the potential danger, and the danger may not be obvious to the average product user. Manufacturers are only required to warn you against dangers that could arise when you are using the product as it is intended.

Liability For Product Defects

A few different parties may be liable for the injuries caused by a defective product. In order to determine who is liable for your injuries, you will have to identify the type of product defect. Designers and engineers involved with the product design will be held liable for design defects, while the manufacturer will be held liable for manufacturing defects. Manufacturers are also responsible for marketing defects, as they have a duty to warn consumers of the dangers associated with using a product.

An experienced attorney at the Trial Lawyers for Justice can review the details of your case and help you determine which parties should be held liable for your injuries.

Help For Victims of Defective Products

Retailers, manufacturers, designers, and distributors should be held liable when they sell a defective product to consumers. If you or a loved one has been injured because of a defective product, you will need legal assistance from an experienced attorney. Contact the team of attorneys at the Trial Lawyers for Justice to discuss your legal options. Call 866-854-5529 to schedule a free consultation today.