Truck Crashes

Truck Crashes

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

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

Dog Bites

Dogs are supposed to be man’s best friend, but sometimes their animal instincts take over and they attack when feel provoked or threatened. There are approximately 4.5 million dog bites in the United States every year, and many of the victims are small children who aren’t aware that dogs can be dangerous.

Dog bite injuries can range from minor wounds that will need to be cleaned and bandaged to serious diseases such as rabies and MRSA. In fact, about 18% of dog bites become infected, so there is a risk that your minor wound could eventually turn into an infection.

After a dog has attacked you, it’s important to protect yourself by treating your injuries and seeking legal assistance from an experienced attorney.

Steps to Take Following A Dog Bite

iowa dog bite attorneyIf you have been bitten by a dog, there are certain steps you should take to protect yourself. First, find the dog’s owner and get his name and contact information. Ask the owner whether the dog has had his rabies shots. If the dog has not been vaccinated, or if you cannot find the owner of the dog, you will need to get the rabies shot immediately.

Next, seek emergency medical assistance for your injuries. Even if you think your wound is minor, dog bite injuries can quickly turn into serious infections, so it’s important to see a medical professional. Keep all of the documentation related to your treatment, including medical bills, lab reports, and X-rays.

After your injuries have been treated, file an official report with your county or city authorities. This helps local authorities keep track of dog bite injuries in case there are other victims who have been bitten by the same dog in the future.

Now, it’s time to contact an attorney to discuss your case. An attorney at the Trial Lawyers for Justice can determine who is at fault for your injuries and help you understand your legal options.

Throughout this entire process, make sure you are documenting your injuries with photographs. Take pictures immediately following the dog bite, and then take additional pictures everyday as the injury begins to heal. It may be wise to keep a journal documenting the pain you are experiencing as a result of the dog bite. This documentation will help support your personal injury claim.

Liability For Dog Bites

Each state has its own laws that dictate who is responsible when a dog injures another person. In most states, the dog owner is liable for a victim’s injuries as long as the victim was not provoking the dog or illegally trespassing at the time of the attack. Some states, such as California, only hold the dog owner for injuries caused by a bite. In other states, such as Iowa, Illinois, and Minnesota, the dog owner is liable for any injury the victim suffered because of the dog. For example, if the dog charged at the victim and the victim tripped and injured himself trying to get away, the dog owner may be held liable in these states even if the dog never made physical contact with the victim.

The victim does not have to prove that the dog owner did anything wrong in these cases. For example, the victim does not have to show the dog owner instructed the dog to attack. Because of the strict liability laws surrounding dog bites, all that needs to be proven is the victim was injured by the dog, and there was no provocation or illegal trespassing at the time of the attack.

Justice For Victims

If you or a loved one has been injured by a dog, discuss your case with an experienced attorney at the Trial Lawyers for Justice. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering and more. Call 866-854-5529 to schedule a free consultation today.

Truck Crashes

Birth Injury

When an infant suffers a birth injury, the child’s parents may be able to file a medical malpractice lawsuit against the delivering doctor or medical professional(s). To have a valid claim, negligence must have directly caused the birth injury.

Birth injury lawsuits involve complexities that require a skilled Medical Malpractice attorney and team who are well versed in medicine and medical terminology. At TL4J, we have the results and Medical Malpractice attorneys and team to help you.

TL4J understands that birth injuries not only have physical and emotional consequences but also place a financial strain on families. That’s why we are willing and able to do whatever it takes to fight insurance companies so that our clients receive full compensation.

Birth Injuries Caused by Medical Malpractice

When a mother and/or baby face unnecessary, preventable trauma before, during, or after labor and delivery and the result injures the mother or baby. Below are Birth Injury examples as the result of medical malpractice:

Brain damage or head trauma

During labor and delivery, instruments can be used incorrectly causing the baby to have brain damage. Instrument examples include delivery forceps or a vacuum. Brain damage can also be the result of not delivering a baby in a timely manner or failing to order a cesarian section.

Hypoxia

Hypoxia occurs when a baby does not get enough oxygen. This complication can lead to permanent brain damage and a need for lifelong care.

Congenital Cerebral Palsy (CP)

The majority of Cerebral Palsy is congenital. Congenital CP is when brain damage happens before or after birth. Different factors can cause this condition; e.g., birth complications, labor and delivery injuries, untreated pregnancy infections, and others.

(HIE) Hypoxic-Ischemic Encephalopathy

HIE is a birth injury that occurs to a newborn when there is lack of oxygen and limited blood flow to the brain. HIE can cause brain injury to the newborn resulting in cerebral palsy, mental retardation, severe seizures, and/or behavioral deficits.

SYMPTOMS OF BIRTH INJURIES

The symptoms will vary depending on the patient, the type of injury and the severity of the injury. However, some of the most common symptoms include brain damage, irreversible physical damage and emotional damage.

Some Birth Injuries can affect a baby or mother for the rest of his/her life and have a financial burden on a family. This is why we are here to fight for you against insurance companies to win justice to help financially compensate you.

HELP FOR MALPRACTICE VICTIMS

Birth Injuries can be catastrophic and greatly affect the mother and/or baby’s quality of life forever. Thankfully, compensation for past and future medical expenses, additional healthcare, future lost wages, and pain and suffering may be available to victims. To discuss your legal options, contact Trial Lawyers for Justice at 866-TL4J-LAW (866-854-5529).

Truck Crashes

Medical Malpractice

When you think of medical malpractice, you usually think of errors made during a surgery or medical procedure, but there are other forms of malpractice you should be aware of, including misdiagnosis.

Misdiagnosis occurs when a doctor or other medical professional fails to correctly diagnose a patient’s condition. This could mean the doctor says nothing is wrong with the patient, or he diagnoses the patient with the wrong condition. When a victim is misdiagnosed, he will not receive the treatment he needs to recover from his condition, and injuries may occur as a result. Victims of medical misdiagnosis may be entitled to compensation for medical expenses, lost wages, future lost wages, and pain and suffering. To learn about your legal options, contact Trial Lawyers for Justice today.

Causes of Medical Misdiagnosis

MEDICAL MALPRACTICE CASE REGARDLESS OF AGE

Medical professionals are trained to analyze each patient’s symptoms, medical history, and test results to make a diagnosis. Misdiagnosis can occur when a doctor:

  • Does not accurately read test results.
  • Fails to order appropriate tests.
  • Does not perform regular screenings.
  • Does not ask about the patient’s medical history.
  • Ignores the patient’s description of his symptoms.
  • Performs an incomplete physical examination.

Unfortunately, some of the most common conditions that are misdiagnosed are serious, including various types of cancer, brain tumors, head injuries, and heart disease. If these conditions are not treated promptly, the patient could suffer long-term consequences due to the misdiagnosis and delay in treatment.

Medical misdiagnosis often occurs in emergency rooms, where doctors are forced to think and make decisions fairly quickly. This is especially true if a patient comes to the emergency room with an uncommon condition or a condition that usually does not affect his or her demographic. For example, if a teenager and middle-aged man are both exhibiting signs of a heart attack, a doctor may be more likely to diagnose the middle-aged man than the teenager, since teenagers rarely have heart attacks.

Proving Your Case

In order to prove medical misdiagnosis, the victim must show:

  • There was a doctor-patient relationship between the victim and the medical professional accused of misdiagnosis.
  • The doctor acted negligently by not providing appropriate treatment in a timely manner.
  • The victim suffered an injury as a result of the misdiagnosis.

It’s important to note if no injury occurred as a result of the misdiagnosis, you may not be able to file a malpractice claim against the medical professional. For example, if you were told a tumor was benign when it was in fact cancerous, a delay in treatment could have led to this cancer spreading to other parts of your body, and thus causing you harm. In this case, you would be able to prove you suffered as a result of the misdiagnosis. However, if you quickly sought a second opinion and received the proper treatment before any harm was done, you may not be able to sue for misdiagnosis.

Proving negligence can be difficult because a misdiagnosis does not automatically prove the doctor behaved negligently. An attorney will need to carefully review the details of your case to determine whether the doctor acted competently when ordering tests, reading results, and making the diagnosis. You must be able to prove that another doctor would have been able to accurately diagnose you based on your symptoms, test results, and medical history in order to prove you are a victim of medical malpractice.

Legal Assistance for Medical Misdiagnosis Victims

Victims of medical misdiagnosis should not suffer in silence. If you or a loved one have been misdiagnosed by a medical professional, contact the attorneys at Trial Lawyers for Justice to discuss your legal options. Call (866) 854-5529 to schedule a free consultation today.