Truck safety failures can be proved through the use of experts and inspections. Numerous causes of negligence can cause an accident. Therefore, only the most diligent inspections can reveal the proximate cause of the collision, and alert similar companies to follow better practices.
At Schenk Podolsky, we thoroughly investigate every truck accident case that comes through our office. The truck, or the components of the truck, not just the truck driver may have caused the accident. Further, the commercial truck driver may have been negligent in driving over the speed limit, over the hours of time allowed under the law, or may have simply been tired and inattentive at the time of the accident.
Trucking companies have high exposure limits when involved in an accident, so they have highly trained insurance adjusters and lawyers who investigate their losses. Thus, when you are injured in a truck accident, it is vital to have someone with the resources that Schenk Podolsky can provide you with.
Our firm can effectively investigate your truck accident and determine what parties were negligent in your loss. Whether it was the driver, poor maintenance, improper loading of the cargo or a combination of these, our firm will pursue the trucking company to ensure you obtain the compensation you are entitled to.
We would like to help you if were injured in an accident with a commercial truck. We have the experience and resources necessary to help you pursue your claim.
Contact Schenk Podolsky online, or by calling us at to set up a free consultation in our Mesa Law Office.
Although the name of a personal injury lawyer seems to speak for itself on what type of cases they might cover, it may not be descriptive enough. Personal injury cases can come in multiple forms which could leave people questioning what kind of lawyer they might need. If you’re unsure whether a personal injury lawyer is what you need or not, here is some information to clear things up for you.
Getting bit by a dog can be a scary ordeal. Sometimes, you hate to blame it on the dog, but it is what it is. A dog bite can be severe and leave lasting scars and medical issues for the rest of a person’s life.
These are perhaps one of the more popular types of cases a personal injury lawyer will take on. Accidents involving vehicles happen every day. This includes accidents where there was only one vehicle involved. In other words, maybe the car hit a pedestrian or a cyclist. These cases would be covered as well.
It’s no secret that many workspaces and areas can be a hazard to health and be very unsafe. However, what many people don’t know is that the law protects them from this. If there is ever an accident at your place of work and an injury results, don’t let them bully you into being quiet or sweeping it under the rug. Hire a personal injury lawyer since they specialize in all the laws that protect you from employers.
Were you walking through a store and then slipped on a puddle of water you didn’t see, and it resulted in a trip to the hospital? Then you need to hire a personal injury lawyer. When someone opens up their business, they ensure a certain level of safety. If you are harmed on someone else’s property, due to negligence, there are laws to protect you, and a personal injury lawyer can help.
Nursing Home Negligence
It’s not unheard of for nursing homes to provide less than adequate care for the residents in their care. It’s quite shocking to learn of and requires immediate action. Some of these more prominent companies and organizations will attempt to bully people into backing down. Be firm and hire a personal injury lawyer to be the voice of your loved one you trusted to be cared for by others.
In general, if your case involves an injury to yourself or a loved one, a personal injury lawyer can cover it. Regardless of what the details are surrounding the case, if you have an injury at all resulting from the circumstances, then you need to hire a personal injury lawyer who will be able to represent you and guide you appropriately.
As seasons change and various weather patterns come and go, new accidents and dangers present themselves. It’s common for some types of accidents to happen more often during certain seasons than others. One season that is popular for housing a large amount of accidents is summer. Kids are out of school, families are going on vacation, and people are more active than usual. This all is a recipe for fun and memories, but it’s also a recipe for accidents galore.
Pool or Water Accidents
Of course, you had to know this was going to top the list. Water is a large focus of fun when it comes to summertime games and time killers. However, water can be dangerous with slips, falls, head injuries, drowning, etc. Drowning is the fifth leading cause of death with a fifth of those accidents being children under the age of 14. Pools, lakes, and the beach can be a blast, but be sure to take as many safety precautions as possible to keep you and your family safe.
As mentioned above, summer is a great time for getting active and many people utilize their fun in the sun for sports. There are many summer leagues involving sports for children as well. A sport injury can be anywhere from a sprained ankle to head trauma. Sports can leave a window of uncertainty open on when or how a child could be hurt. Be sure to have all the proper safety gear in place for your child and get regular checkups to ensure there are no hidden issues that could arise from their sports involvement. Of course, don’t forget that adults aren’t exempt from sports injuries as well and should be cautious and not overlook safety guidelines suggested for the sport they’re involved in.
Bicycle and Motorcycle Accidents
When it comes to summer, there’s a lot of traveling occuring. On top of this, people like to utilize various modes of travel that aren’t possible or as popular during the cooler months. This includes mopeds, street bikes, motorcycles, bicycles, etc. These types of transportation have to share the road with motor vehicles which can get dangerous at times, especially in heavy traffic. With as busy as people are during the summer months, crashes involving these types of transportation tend to go up in number. Be careful when driving and sharing the road with these modes of transportation and ensure you’re wearing and covering as many safety precautions as possible if you operate one on a roadway.
As mentioned, the amount of travel people are doing goes way up when the summer months hit. Due to this, the amount of car accidents also rises throughout summer. Be aware that you’re not the only added traveler when summer hits and prepare/e aware of extra drivers on the road.
It’s always smart to observe safety parameters during any activity we might be involved in. This doesn’t just go for summer, but throughout the year. However, the accidents listed above are prone to happen more often and frequently when summer hits so, it’s good to be aware of this timing and up the awareness to compensate.
After a traumatic incident occurs, it can be difficult and even confusing to know what the next step is, if any. It’s common for those involved in traumatic incidents to lack proper information into the rights they possess. Knowing what rights you have can help incidents like a traumatic brain injury, feel a little less overwhelming. If you or a loved one has gone through this experience, here is a bit of information on your rights and the steps you should take during the process.
Your First Steps
If you hit your head and there are symptoms arising afterwards, seek medical care as quickly as possible. Even minor head injuries can be quite serious and cause other issues if left untreated. Further, if your incident occurred at work, in a car accident, or other place where someone may be held liable, getting medical care will provide proof of the injury and help with the timeline of events. Sometimes, incidents may occur that do not involve the liability falling on another person. However, brain injuries can be a life-changing event and are often caused at work, in car accidents, etc. This means you shouldn’t be the one to handle all the burdens a brain injury can lay in your lap.
Contact an Experienced Lawyer ASAP
It can be common for people to move quickly in order to protect themselves when it involves an incident they may be liable for. This is why it’s important to protect your rights as soon as possible. Bringing in an experienced lawyer as soon as everything starts to happen can ensure things are handled properly from the beginning. An experienced attorney can ensure your rights are protected and followed to the letter while you go through such a burdening event.
Listen to Professional Advice
We often times want to argue with our doctors and lawyers about certain matters. Sometimes this is warranted however, other times we need to listen to the professionals. We hire them for a reason and it’s because they know what they’re doing. This means you’ll want to follow the treatment and medical plan given to you by your doctor. Some hiccups can occur if a patient during a case doesn’t follow a treatment plan. Further, listen to the tips your attorney will offer you. For example, he/she might tell you to avoid discussing matters freely on social media or with friends and family. This often can also cause hiccups and make the process harder or longer. It’s important you stay aware of your actions and think about how those actions can interfere with your case.
If you or a loved one have experienced a traumatic brain injury, contact an experienced attorney as soon as possible. Not all incidents involving brain trauma require cases however, many do and you’ll want to make sure your rights are covered.
You have been a victim of a car accident while riding in the passenger seat. Whose responsibility is that?
Initially, the responsibility falls onto the insurance carrier of the vehicle that, you, the passenger was riding in (passenger of an individual vehicle or a public vehicle….). As a passenger injured in someone else’s car you will need to send some documents including all of the specific information about the accident and the driver. When the passenger sends this information, it allows the insurance companies to make any necessary compensation payments that are eligible from the accident.
The insurance provider of the driver of the vehicle that the passenger was in is responsible for all of the monetary and medical compensation required from the accident. This is the case unless there is another vehicle involved in the accident who carries the fault.
The insurer of the vehicle has eight months to pay the passenger a sufficient financial provision from the accident unless the accident has gone to court, at which time this may extend the payout date. The one thing to keep in mind, is the question of “what is sufficient?” and this is why we always recommend that anyone who has been injured in a car accident in Mesa or any of the surrounding cities in the valley, come in and see us for a free consultation.
The amount of compensation due is dependent on the amount of injury that occurred, and how that is going to affect the passenger in his or her life.
The financial provision must be sufficient, i.e. the passenger must not have financial problems because of the car accident.
The insurer of the car will then have to make an offer of compensation, after getting expert medical opinions on the status of passenger and the injuries that they have incurred due to the accident.
Medical expertise and passenger compensation
The insurer may make medical assessments of the passenger(s) in order to assess the amount of the provisions to be paid and in order to assess the final amount of compensation. The insurer will then send his/her medical expert to consolidate the state of health of the passenger who was in the car. It is on the basis of the report from the medical expert that he will then make a definitive offer of compensation.
The passenger who was a victim in the accident does not necessarily need to be evaluated by a medical doctor or an expert. It is specifically for the realm of financial provisions from the accident that the victim would think about doing so. Do not hesitate to contact an expert if this is necessary.
When the car accident is fatal for the passenger, what are his or her rights or what are they entitled to?
The insurer of the vehicle involved must then send the required documents within six weeks of the accident. He is then obligated to make an offer of compensation for non-pecuniary damage as well as for economic loss (financial loss due to the death of the pedestrian, funeral expenses, time out of work, etc …).
It may be the case that the insurer forgets to send an offer to the beneficiaries, due to the fact that he may not be aware of the entire composition of the passenger’s family.
It is then up to you as the victim’s family to let the insurer know so that he or she sends you an offer of compensation.
It can be quite difficult to enforce your rights, especially when there are significant damages or losses due to the accident.
We hope that this article brings some insight to your questions, please do not hesitate to contact your Personal Injury Law Firm in Mesa, Schenk Podolsky Attorneys at Law for a free consultation where our attorneys can discuss in more detail the best possible route to handle your accident claim and means of seeking compensation for your injuries.
Choosing a Personal Injury Lawyer
When you have had a car accident, you know there is going to be a lot of headaches involved when filing your claims or dealing with insurance companies and you want a car accident attorney to help you with all the necessary work. You need to know how to choose the best car accident attorney for your specific claim and some attorneys will be better than others, can have different prices for hire and may specialize in various types of claims. You will want to choose the best attorney that fits your budget and is knowledgeable about your specific type of claim and situation.
If you have had a car accident in Mesa, you do not want to hire an attorney that specializes specifically in auto accidents. If you have extenuating circumstances involving injury or loss of life, you do not want an attorney that may handle injury and loss of life claims. You want to make sure that the attorney you hire is capable of providing the representation that will best serve you and help you to get the settlement you are entitled to.
Search Online or Look For Advertisements For Car Accident Attorneys
You can views advertisements for car accident attorney services on the television, in the yellow pages and online. Most ads will display what specialties and types of claims that attorney will normally handle. This can be very helpful when you are looking for an attorney to handle a specific type of case. Perhaps you were involved in an accident that was proven to be a no-fault accident in which there is not a responsible party to base a claim against while you know that it was not your fault and to receive the maximum payout on your settlement, you will have to prove the negligence of the other driver. There are attorneys who do specialize in representing this type of case and will be very beneficial. With a little research, you can find that attorney.
What if you have suffered a serious injury and need an attorney that will make house calls and can represent you under a contingency plan. Then you will want to find an attorney that provides these services and not with a lot of extra charges. If you hire an attorney that is not used to representing these types of clients, you may find you have more worries with your attorney than with your claim, and they may charge you outrageous fees for doing a little extra work. An attorney who is experienced with this type of case will know what your needs are and how to meet them within their specified price range.
You Have Found a Few Attorney Prospects, How Do You Choose the Right one?
You can find out a lot about the attorney through their advertisements, which will help to narrow your choices to a specific group of attorneys. Once you have a few that you believe can represent you the way you need, then you need to make a few phone calls and ask a few key questions for your lawyer. The questions you ask should pertain to your specific case, and it is best to write down all of your questions and concerns before contacting the attorney. If you have them readily available, then it is much easier to conduct a brief survey and to choose the best attorney to meet your needs. Once you found the attorney of your choice and they have approved to take your case, then it is time to get to work and file your claim.
You have just bought a new or used car and want to start a new era of driving safely? This article is made for you! Here are some tips to take care of your car while protecting your passengers and yourself.
It may seem obvious, but not many people actually do it so here’s a quick reminder of what to check on your vehicle. Do not start the voyage if your tire is smooth, have them changed before it’s too late. Go to a service station to check the pressure as well. You will find this information on your doorstep, by lifting the valve of your tank or in the maintenance book of your car. Two pressures are usually indicated, the first for normal use of your vehicle, the second when loaded. Take this into account when going on vacation. This takes only a few seconds and can change everything during sudden braking or driving on slippery surfaces.
On the way
Once on the road, put your hands at “10:10” on the steering wheel and drive carefully avoiding any distractions. Be sure to adapt your driving to traffic especially during departures on vacation. Speed limits are not everything. When roads and highways are loaded, set your speed on the vehicles around you. Do not ride too slowly to avoid obstructions to traffic.
Another important point is the safety distances which, when they are not respected, lead to serious accidents. Keep in mind the “two seconds” rule to maintain an acceptable safe distance. It is very simple to apply: choose a fixed object in the distance like a traffic sign or a bridge and wait for the vehicle in front of you to pass up to it.
Then say “independence, independence” equivalent to two seconds. If you arrive at the marker before the end, you are too close. You can also follow the white stripes on the side of the road, 2 safety bands, 1 danger band as the signs say.
DRIVING IN RAIN OR IN STORMY WEATHER
During rain or heavy rain, in order to limit aquaplaning and circulate safely, we recommend that you:
- Lift the foot of the accelerator
- Check the condition and pressure of your tires often
- Respect the safety distances
- Stick to the speed signs
- Anticipate braking
We remind you of the speed limits on the wet road, namely, 70 mph for rural freeways, a 45 mph minimum speed limit, 65 mph for other 4 lane divided highways, and 55 mph for all other highways.
ADOPT A SAFE DAILY DRIVING
It differs completely from daytime driving. We are often dazzled by the low beam or headlights of other vehicles. Here are some details:
Try not to look at the headlights of other cars
Reduce your speed
Change the position of your interior mirror. There is a night position.
TIRES: LOOK AT THE WEAR RATE AND CHECK THEIR PRESSURE
For a perfect grip, do not ride with under-inflated tires. You must follow the recommendations of tire manufacturers or manufacturers. Those that are recommended vary depending on your load at the back. Then increase the pressure of the tires in the same place. Depending on their wear rate you can swap your wheels. During a puncture, simply loosen the wheel, use your jack to replace it with your spare wheel. This must be checked regularly.
ADOPT RESPONSIBLE BEHAVIOR
For your safety and that of your passengers, use a breathalyzer when leaving a restaurant (if you have drunk, of course). He will inform you about your alcohol level and during a control by the police, you will not be in violation. Thus, you will not be penalized with a fine.
Arizona is a no-tolerance state for DUIs, meaning you can be arrested with a blood-alcohol content higher than the legal limit of 0.08 percent, which means that you should not drink a single drink
MEDICATION AT THE WHEEL
Also watch out for drugs that can cause drowsiness and decreased reflexes.
In traffic jams, it is better to turn the engine off in order to consume less fuel and to avoid releases of particles to the environment. Try to control yourself by avoiding inadvertent honking, incivility and aggression at the wheel (we know, it’s not always easy).
TELEPHONE ON THE FLY
For your safety, it is forbidden to phone, drink or eat while driving (but you already know that). The Bluetooth hands-free kit is allowed. SMS are not allowed. We keep both hands on the wheel!
If you have a teenager at home, know that he can do driving accompanied. Like you, he must respect all speed limits as well as the Highway Code.
PREVENTION AND ROAD SAFETY
Do not hesitate to obtain brochures, documents and visit the websites of associations that aim to reduce the death rate and accidents. There are many organizations whose mission is to perform Crash Tests. Thus, by buying a new car with 5 stars, you can be sure that it has responded positively to all safety tests.
Now that you know all about our safety tips, the best you can want is to pay attention to yourself, your loved ones and other road users. To do this, check all equipment of your vehicle. Beware also of all users on motorbikes, bikes etc. Finally, if your tires are worn out, buy new ones!
There are all types of accidents, but the collision with a truck can be very different from a crash with a car or motorcycle. Any minute is of the essence.
An expert should download the “black box” information from the truck to determine the speed and when the breaks were applied. Many enterprises especially truck companies have installed video surveillance that can also be requested. Trucking companies are only required to maintain documents like trip receipts for a short period, which can be difficult when you are building a case. The attorney must request all the evidence from that driver related to the trip be maintained.
The important thing is that a semi-truck can cause a lot of damage, much more than an average vehicle. Further, there is a chance for higher compensation for a trucking accident than you would receive in a crash with a passenger vehicle. Semi-truck are almost certainly covered with one or more commercial liability insurance policies.
The Federal Motor Carrier Safety Administration (FCMSA) requires that semi-trucks carry commercial carrier insurance so that there is money available to offer compensation for a trucking accident. It is not unusual to find commercial carrier insurance policies for $1 million or more.
These policies are entirely different than a regular passenger vehicle. It’s essential that you work with experienced accident attorney who can advise you and get you fair compensation for a trucking accident.
There are the couple of factors that can vastly change your compensation level:
- Sustained injuries
- Medical treatment
- The economic damages sustained
- Lost wages
- Lost Future earning capacity
- Emotional trauma and Post-Traumatic stress disorder
- Lost of companionship (Also known as loss of consortium)
We at Schenk Podolsky Attorneys at Law care about the case, so there is no same case for us. Truck accident cases are unique because you can sue a corporation that hired a driver, the broker that arranged the trip, and even the shipper of the goods being transported, under certain circumstances.
If you go to trial you cannot tell the jury is there an insurance company protecting the driver. The board is not supposed to consider the effect of a verdict on a person’s financial situation, cause if they chose to return a high verdict, there is a chance that they fill financially cripple the defendant.
That’s why there is lower compensation for a car accident than in the case involving the truck. Also, let’s not forget that semi-truck drivers have different regulations.
A truck driver has to follow service regulations to prevent fatigued driving, and are subject to immediately post-accident drug and alcohol tests. Unfortunately, many drivers ignore these rules and drive overly tired because of the pressure to deliver on time.
In an accident that involves the truck, you can claim that corporate negligence, like safety violations, vehicle maintenance or overloading contributed to the cause of your injury. Higher compensations are usually in these cases because the corporation is a corporate violation policy, rather than an individual.
There are cases against companies that are very complex. Including multiple defendants, injuries and much time.
Car Accident Victims
A driver has one responsibility, and that is watching the road in front of them. Making phone calls, eating, texting, or updating GPS can be very dangerous while driving. If the Distracted driver has caused the incident, the driver may be held liable- or legally responsible. It can cause physical as emotional trauma. In this situations it is essential to know your rights or if anyone from your family or friends experience similar life situations.
Get adequate medical attention
First of all, if the accident occurs, especially if accident renders a victim of cause any other serious injury, seek medical help as soon as possible. They will help with proper medical care and have the wounds treated.
It is crucial that individuals take care of their physical harm and to prevent further injury. Medicine staff should take documentation of current injuries as well as the damage the other person/persons injured during the crash. If your doctor diagnoses an injury and begins treatment, continue the course of the therapy as pointed. Your doctor is in the best position to determine a treatment for you and to keep doctor’s record of your visits and verify the nature of injuries. This verification is vital due to a later injury claim. You can get your copy of your medical records. Is it said that you were going 45 mph when you were going 25 and vice versa.
The victims should collect as much information about the incident as possible. Other parties that are involved in the incident should be documented, names and contacts. If there are police officers on the site, you can seek the copies of incident reports. Commonly, there are witnesses information, pictures of the crash site and further documentation from the coalition. Write down what happened. Include every detail of what happened in the accident. Features should include the time of the day, lane you were driving, weather condition, road condition and other information that may contribute to the crash. Pictures are paramount cause they can prove other driver’s negligence.
Report the accident to your insurance company. You can take the settlement offer, but sometimes it is better to talk with the professional. There are compensations for the accidents, and they are determined by the court. It is vital for victims to know what are they seeking damages. Physical injuries, disability, medical treatment, mental distress loss of earning ability, loss of earnings, inconvenience, damage to property, hospitalization expenditure, pain, and suffering.
A car accident attorney can give you legal representation. The critical thing to know is that you can sue other parties as well responsible for the accident.
If your car was smashed by a truck, you could file a suit against both, the driver and the trucking company. Also, if the intersection was poorly designed or constructed, you can seek claims from the state agencies. You can even sue the manufacturers of equipment failing, or construction caused the accident. For negligence, you can sue the third parties like Government agencies and road contractors.
Are Car Accident Settlements Taxed?
Going through a car accident is already a process, but if and when you need to get a settlement, it’s important to know what to do with the settlement money and if it is taxable. It’s easier to worry about that in the beginning than it is later. Here are some tips.
Very rarely are they taxable, though they are some exceptions according to the Internal Revenue Service (IRS).
If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.
Although, there are times when the compensation IS taxable. Depending on how the settlement was laid out and what took place in the interactions for negotiation between you and the other driver involved who has injured you. Talking about tax considerations during these times is imperative for you to get the most money back as possible. Having the right lawyer to know when to bring up and how to get you the most in return in especially vital so you do not have to worry about possibly missing something during the initial conversations.
Having your settlement be eligible for taxes mostly relies upon the reason for the payment to offset 4 main categories.
- Lost wages which might look something like $5,000 this is true if you have had to miss work, or work less in result of the injury.
- Replace or repair your damaged vehicle/property. If you had to get something fixed, or need to, or if it is unable to be fixed.
- Cover your medical costs. Always go see a Dr. and get checked out after a car accident. Medical bills could be another $10,000 that you put down as a cost to you in result of the accident that the other driver is responsible for.
- Compensate you for your emotional stress. For your pain and suffering. It takes a toll to get hurt, lose work, have damages, and still maintain a healthy disposition. This can be a really tough experience to have to go through and you can essentially hold the other driver for accountability and you could potentially receive more money. That price your lawyer will help you with and the total cost will include all numbers. If you ask for $15,000 for pain and suffering this will leave you a total of $30,000.
Each of these can be broken down into when a tax is likely to be applicable and mostly that it is very rare that it is. Most medical is NON-taxable, but there is an exception for prior years deductions that can be taxed. If that sounds like it may apply to you, tell your lawyer. Emotional distress and pain and injury are considered to be different. Pain and injury in result of the experience and accident cannot be taxed; but if you were NOT injured but now have a fear of driving, that would be taxable.
There are many things can can come up, and things you might not know or miss. Make sure the right lawyer is representing you and call Schenk Podolsky Attorneys at Law. Each state will vary when it comes to your rights in accidents and settlements.