BH&F Blog

Though truck drivers are usually skilled professionals, the pressures on truck drivers to meet schedules and the complexities of driving a large vehicle, like an 18-wheeler, can lead to serious truck accidents. Most of the deaths or injuries in a collision between a truck and a car or motorcycle involve the driver or passengers of the non-commercial vehicle. Truck accident injuries can be catastrophic and can lead to long-term disability. A wrongful death can have a ripple effect on the lives of many, affecting relationships and the emotional and financial well-being of families.

The legal issues relating to truck accidents are complex and some are unique to trucks. The trucking industry is regulated by the Department of Transportation or DOT and by state laws. For example, truck laws impact:

• The number of hours a truck driver can drive at a time
• Maintenance of vehicles
• Truck size and load weight
• Truck routes
• Containment measures and signs, if a truck is carrying toxic chemicals
• Loading and unloading requirements

Failure to obey any of these regulations can play a role in determining fault in a truck accident case and which parties can be sued. It’s usually not just the truck driver—a truck company and truck manufacturer also can be parties to a truck accident lawsuit. The attorneys at Burke, Harvey & Frankowski, LLC have expertise in multi-party cases and in the regulations affecting trucks.

Though it’s difficult to maintain presence of mind at an accident scene, there are some things you can do to protect your rights.

If you are able to, you should identify people who may have seen the accident and get their phone numbers. Tucking a disposable camera into the glove compartment of your car is always a good idea, and if you’re physically able to, you should take pictures of the accident scene or ask a witness to do so.

You may not immediately appreciate that you’ve been hurt and so you should see a doctor as soon as possible even if you feel alright. Notify your insurance company right away but don’t make statements, sign releases or waivers until you get legal advice. In particular, you shouldn’t make statements to representatives of a truck company or the truck company’s insurance provider. It’s not that you shouldn’t be helpful, but issues of fault can involve complicated legal considerations and the accident scene is not usually the place where you can calmly consider all the facts.

Truck accidents can implicate the laws of negligence, personal injury laws, and wrongful death laws, to name a few. You may also find yourself dealing with long-term disability claims and have questions about disability benefits denials.

The attorneys at Burke, Harvey & Frankowski, LLC have expertise in each of these areas and we are here to help. Please contact us today to schedule your confidential consultation.

There are more and more motorcycle accidents every day. The National Highway Traffic and Safety Administration reports that motorcycle operators are 32 times more likely to experience death than drivers of automobiles. The risk of long-term disability is also high, preventing accident victims from working, from paying their bills, and supporting their families. Serious brain injuries and even death can be a consequence of a motorcycle accident.

There are a number of ways to obtain compensation for injuries and damages suffered from a motorcycle accident. At Burke, Harvey & Frankowski, LLC, we’ve seen that Alabama laws can create some unique challenges.

Some things to know about Alabama:
It’s an “at fault state” from an insurance perspective. This means that the insurance carrier of the person at fault pays for all of the damages. Who’s at fault? It’s the party the insurance company decides is 51% responsible. You may want to take an insurance company to court if it improperly decides that you are at fault and refuses to pay out. Our attorneys are experienced in dealing with insurance companies to resolve cases through settlement or through the court system.

What if the person who hit you is not insured or is under-insured? Insurance is not the only way to seek damages; you can also sue for negligence through the court system. A court will look at the duty of care owed and whether an accident was caused because there was a failure to meet this duty. For example, was the driver who hit you careless? Drunk? Was there a defect in the car that hit you? Poor highway conditions? As these questions may lead you to suspect, it’s not just the driver who can be sued. Depending on the circumstances, a car manufacturer, and even the state may have liability. Multi-party suits can be complex, but the attorneys at Burke, Harvey & Frankowski, LLC have expertise in these kinds of cases.

Additional challenges arise because Alabama applies a “contributory negligence” standard. This means that if your injury and/or damages are due in part to your own negligence, you may not be able to collect any damages. So even if you are only 2% at fault, you may not be able to recover damages. Needless to say, issues of fault and negligence can be highly contentious.

We recommend a prompt investigation. Taking a disposable camera with you when you’re on the road is a good idea so you can document an accident scene and your injuries. Though it may be tempting to discuss fault at an accident scene, you really should hold off. You may not be thinking straight and statements you make in the excitement of the moment can come back to haunt you. Fault is a complicated issue, dependent on Alabama state laws. Our motorcycle accident attorneys can help you make sure that there are complete records of your injuries and the crash and can help you navigate the complexities of fault and negligence.

Long-term disability insurance also can provide a source of income if you’re injured in a motorcycle accident and are unable to work for more than six months. It’s not tied to fault but you do have to show that your injury prevents you from working. It’s also a good idea to seek help when filing a long-term disability claim and appealing claim denials. The legal issues can be confusing and unfortunately, insurance companies are in the business of protecting their bottom line, not your best interests.

Your next step after a motorcycle accident should be to contact Burke, Harvey & Frankowski, LLC as soon as possible. We have expertise in the laws of Alabama, Georgia, Tennessee, and Florida, and we are here to help you. Please contact us for a free consultation.

Adam Liptak with the New York Times reports:

MARSHFIELD, Vt. — When Diana Levine starts talking about her rock ’n’ roll days, she plays a little air guitar, mimicking the way she used to handle her electric bass in bands like the Re-Bops and Duke and the Detours. But Ms. Levine is missing much of her right arm, which was amputated below the elbow after a medical disaster.

In November, the Supreme Court will hear arguments about whether Ms. Levine may keep more than $6 million that a Vermont jury ordered Wyeth, a pharmaceutical company, to pay her for failing to warn her adequately about the risks of one of its drugs. The case, the latest in a brisk parade of similar ones, will help define the contours of a signature project of the Roberts court.

In legal jargon, the cases concern “pre-emption,” a doctrine that can bar injured consumers like Ms. Levine from suing in state court when the products that hurt them had met federal standards. The issue is less boring and more consequential than it sounds, and Ms. Levine’s case is shaping up to be the most important business case of the term.

To read the entire article, click here.

Burke Harvey & Frankowski represents hundreds of individuals who have been injured and even caused death by defective pharmaceutical products. Should the United States Supreme Court find that our client's claims are "preempted" they will have no recourse for their injuries and the pharmaceutical companies whose conduct caused their injuries will get away without having to compensate them at all. Often these companies are able to get their products approved by failing to provide the FDA with all available information related to safety of their proposed drugs. Even the prestigious New England Jounral of Medicine has opposed the imposition of preemption stating that drug products liability lawsuits are important in keeping drug companies honest and helps provide protection to consumers.

Labels: Defective Drugs; Drug Products Liability; Personal Injury

McKnight's Long term Care News reports that The Fairness in Nursing Home Arbitration Act of 2008, a bill that would eliminate arbitration agreements as a requirement for admission into a nursing home, is one step closer to becoming a law. The Senate Judiciary Committee passed the bill last Thursday. Since its introduction in April of this year, the legislation has sparked a heated debate between lawmakers and consumer advocates on one side and nursing-home groups on the other. As recently as last Wednesday, healthcare lobbyists were sending letters to high-ranking members of the Senate Judiciary Committee in an effort to defeat the bill. Many in the long-term care industry argue that eliminating mandatory arbitration agreements will cause facilities to focus resources more on legal battles than on improving quality of care.The Fairness in Nursing Home Arbitration Act will not entirely do away with arbitration agreements, lawmakers note. Rather, it will make them a voluntary agreement. Before it can become law, the bill must be debated on the Senate floor. No debate is currently scheduled.

We are hopeful that the Fairness in Nursing Home Arbitraiton Act of 2008 will ultimately become law. This law will help further guarantee and protect the rights of nursing home residents and prevent nursing homes that provide sub-standard care and treatment to their residents from hiding behind arbitration agreements in their admissions contracts. If you have a question about a nursing home admissions contract or an arbitration provision that you are being asked to sign, call the experienced nursing home abuse and neglect lawyers at Burke Harvey & Frankowski. We will answer any questions you have about this important issue that affects every prospective or current nursing homr resident.

Labels: Nursing Home Abuse; Nursing Home Neglect

McKnight's Long Term Care News reports that [T]he U.S. House of Representatives Wednesday passed legislation that would set up a nationwide "silver alert" system to help coordinate local law enforcement officials in the event of a missing senior. The silver alert system would augment the amber alert system, which alerts law enforcement agencies and the general public when a child has disappeared or been kidnapped. Recent reports suggest that up to 14 million seniors will develop Alzheimer's disease in the next few decades, and that up to 60% of them are likely to wander (McKnight's, 6/2). The bill would allow for up to $5 million per year between 2009 and 2013 to be spent implementing the silver alert system. The bill, the National Silver Alert Act (H.R. 6064), also would reauthorize Kristen's Act, which was established to create a national database to track missing adults who are endangered due to age or diminished mental capacity. The Kristen's Act re-authorization would provide an additional $4 million per year over the next decade to help families locate and recover missing adults.

Every year elderly individuals as a result of diminished mental capacity become injured or even die as a result of wandering away from their homes. Unfortunatley, there are documented cases of nursing home residents wandering away from the their facilities -- many of these residents fall down and are injured while still others die as a result of drowning, being struck by moving vehicles or as a result of exposure. Often, these residents are missing for hours or even days before anyone realizes they are gone after which they are difficult to locate. We are hopeful that laws such as the National Silver Alert Act and Kristen's Act will help to prevent these terribly unfortunate incidents. Burke Harvey & Frankowski is committed to representing our nation's elderly particularly in cases where they have been abused and neglected in nurisng homes, assisted living facilities and other long term care factilites. We have handled cases in which residents have been allowed to wander away from or elope from their nursing home. If you or someone you know has suffered abuse or neglect in a nursing home, call the experienced nursing home abuse and neglect attorneys at Burke, Harvey & Frankowski. We are currently representing nursing home residents and their families in Alabama, Georgia, Mississippi, Tennessee and Kentucky. We are here to help you.

Labels: Nursing Home Abuse; Nursing Home Neglect