Personal Injury Lawyers
of Long Island

(631) 801-0057

by

Truck Accidents Caused By Truck Driver Fatigue

Truck Accident Lawyer

Truck drivers are responsible for delivering everything from food to construction materials and often spend many hours on the road. These drivers are under strict deadlines to deliver their goods on time, so they may work more hours than they should to meet these demands. Unfortunately, this can eventually take a major toll on commercial drivers. They may suffer fatigue from driving all of those hours, which can cause an accident.

Common Causes of Truck Driver Fatigue

Truck driver fatigue is one of the most common causes of truck accidents. Here are some of the major contributors to truck driver fatigue.

  • Driving long hours. As mentioned above, many truck drivers are on the road for multiple hours at a time. They get paid by the mile, not the hour. As such, some drivers may decide to stay on the road longer to earn a bigger paycheck. Driving too many hours without adequate rest, however, can cause truck drivers to become very fatigued and lose focus of the road ahead.
  • Using drugs and alcohol. Unfortunately, drug and alcohol use is far too common among truck drivers. They may use these substances to deal with stress and boredom the job brings. Drugs and alcohol can contribute to drowsiness and increase the risk of an accident.
  • Driving at night. Some truck drivers have a preference for driving at night to not get caught in traffic. However, they are more likely to experience drowsiness at night because the body’s internal clock thinks it’s time to go to bed.
  • Eating a poor diet. Since truck drivers spend so many hours on the road, they may not have time to sit down and eat a nutritious meal. Instead, they may stop at fast food restaurants and gas stations and eat their meals while behind the wheel. These foods are usually highly processed and contain high amounts of fats, which can cause fatigue.

Why Driving a Truck While Fatigued Is Dangerous

While it’s risky to operate any vehicle while drowsy, it’s especially dangerous to get behind the wheel of a commercial truck. These trucks are much larger and heavier than passenger vehicles, so they are more likely to cause life-threatening injuries in accidents. Fatigued truck drivers may have trouble focusing on the road and have delayed reaction times. They may also have trouble judging their speed and adjusting to changes in traffic.

If you were injured in an accident caused by a fatigued truck driver, contact a truck accident lawyer, like one from Disparti Law Group. 

by

Car Accident Injuries That Don’t Show Up Immediately

 When you are still recovering emotionally after you have been in a car accident, you may think you are lucky to have gotten away without any physical injuries as well. However, the situation can be fairly misleading immediately following a car accident. Especially when adrenaline is running high, you may have no idea that you have suffered from any injuries at all. Especially with soft tissue injuries, they may take hours or days to show up. On the other hand, internal bleeding can also be incredibly difficult to spot until your adrenaline surge has worn off. While some of these injuries may not be life-threatening, others, like brain damage or internal bleeding, can be the difference between life and death.

Why are injuries so hard to detect sometimes?

As noted above, one of the reasons that injuries can be hard to see after a car accident is because you may have a rush of adrenaline that masks these injuries. Further, if other people were involved in the car accident or you have other passengers who were injured, you may find that your concern for others outweighs any of the pain you are experiencing, no matter how severe.

  • Soft tissue injuries.  Soft tissue injuries are extremely common after car accidents, including minor fender benders. When this is the case, you may not even notice the pain. Whiplash is one of the most common types of soft tissue injuries and while you may think that you have gotten away unharmed, whiplash can show up hours or days after the accident.
  • Brain injuries. Brain injuries are also notorious for cropping up days after the accident. If you do not get medical attention immediately, you may not realize the minor headache you have or the nausea you are experiencing after the accident is actually related to a brain injury. A lawyer, like a car accident lawyer from a law firm like Ward & Ward Law Firm, knows that if left untreated, a brain injury can result in severe, permanent, and even fatal damage.
  • Back/spinal injuries. Back and spinal injuries are also common after an accident and you may find that as the days wear on you are unable to move freely like you used to. If there is damage to your spinal cord, this could mean that your brain is unable to send the proper messages to the rest of your body.

Getting into a car accident can be serious. If you are concerned about going to the doctor and think that you might be wasting time or money, think again. Your doctor will be able to help you with your medical records when it comes to filing your claim and you may not realize that they are giving you life-changing (or saving) services when you get there. Reach out to a local law firm for more information on what you should do after a car accident.

 

by

Emotional Distress Torts 

Personal Injury Lawyer

The law protects people from being harmed due to the intentional or negligent conduct of others. This protection extends to emotional or psychological harm inflicted by others, called emotional distress. Historically, a plaintiff could only recover damages for emotional distress if it accompanied a physical injury. Today, most courts recognize emotional distress as its own injury and allow it as a cause of action even where the plaintiff suffered no physical harm. 

Some behavior can be so psychologically damaging that it is severe enough to constitute its own injury, even without the threat of physical harm. However, to bring a cause of action for emotional distress, the psychological injury must be severe. For example, someone who pulls a prank by telling another person that their family member has died in an accident has not caused that person a physical injury, but the law will hold them liable for the severe psychological impact of the prank. Most states recognize two types of emotional distress torts: intentional infliction of emotional distress and negligent infliction of emotional distress. 

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress has four elements: 

  1. The defendant acted intentionally or recklessly; 
  2. The defendant’s conduct was extreme and outrageous;
  3. The plaintiff suffered severe emotional distress; and 
  4. The defendant’s conduct was the cause of the plaintiff’s emotional distress.

The most difficult inquiry in intentional infliction of emotional distress cases is whether the defendant’s conduct was extreme and outrageous. The standard for intentional infliction of emotional distress is very high, partly because this inquiry is inherently subjective. The degree to which a defendant’s conduct is extreme and outrageous is decided on a case-by-case basis, but the most widely used standard is whether the conduct goes beyond all bounds of human decency so as to be regarded as utterly intolerable in a civilized society. 

The plaintiff must also show that they suffered severe emotional distress as a result of the defendant’s conduct. The plaintiff must demonstrate that the defendant’s conduct has had a significant and lasting psychological impact on them. A plaintiff might make this showing by presenting evidence that they underwent psychological counseling because of the defendant’s conduct. Most courts do not require the plaintiff to prove that their emotional harm led to physical symptoms. 

Negligent Infliction of Emotional Distress 

Negligent infliction of emotional distress differs from intentional infliction of emotional distress because instead of alleging that the plaintiff intentionally or recklessly caused them psychological harm, the plaintiff claims that the defendant was so careless that their actions caused them severe emotional injury. There are typically two requirements to bring a successful claim for negligent infliction of emotional distress. The first requirement has three variations: 

  1. The defendant’s negligent conduct caused physical impact with the plaintiff; or 
  2. The plaintiff was in the “zone of danger” of the defendant’s negligent conduct; or 
  3. It was foreseeable that the defendant’s negligent conduct would cause the plaintiff emotional distress.

In states that require the defendant’s negligent conduct to cause physical impact to the plaintiff, the impact can be as small as a pebble hitting them, as long as physical contact is made. The “zone of danger” rule requires that the plaintiff was close enough to the defendant’s negligent act that they were at immediate risk of physical harm. In states that follow a foreseeability standard, the defendant must have been able to reasonably predict that their actions could harm the plaintiff, but there is no requirement that the defendant’s negligent conduct involve some risk of physical harm. 

The second requirement is that the plaintiff’s emotional harm is so severe that it causes physical symptoms of some kind. Such physical symptoms can include a loss of appetite or the inability to sleep. The physical manifestation of the plaintiff’s emotional harm does not have to be severe, but it must be observable and objective. 

Thanks to the professional personal injury lawyer team at Eglet Adams for their insight on the emotional distress torts.

by

Steps That You Can Take To Prevent A Car Serious Injury

How To Avoid Car Accident Injuries

Car accidents are one of the leading causes of death and injury in the United States. Unfortunately, car accidents happen all too frequently, leaving innocent people injured and scarred. Many car accident injuries are permanent. Others take months or years to recover from. This is why it’s so important to contact a car accident lawyer.

If you’ve been in a car accident, you may be wondering how to avoid car accident injuries in the future. There are several steps that you can take to prevent serious injury.

1. Wear Your Seatbelt

Even though it may be uncomfortable, it will save your life if ever involved in a crash. A seatbelt can help prevent major injuries such as head trauma and spinal cord damage. You should even wear your seatbelt when traveling at low speeds such as around town or on neighborhood roads where there are fewer cars on the road.

Wearing your seatbelt is one of the most important things that you can do to prevent serious injury in a car accident. Wearing a seatbelt reduces the risk of serious injury by 50%.

2. Don’t Drive Distracted

Driving distracted is one of the most common causes of car accidents. You might be tempted to look at your phone or fiddle with the radio while you’re on the road, but it’s not worth it. It only takes a second for something bad to happen, so keep your eyes on the road at all times. Be honest with your car accident lawyer if you may have been distracted during your car accident

3. Keep Your Car Maintained

Your car should be serviced regularly to ensure that everything is working properly and that there aren’t any problems that could result in an accident. Make sure that you check your tires, belts, fluids and other important components before each drive to make sure that everything is working properly.

4. Follow the speed limit

Speed limits exist for a reason. They make driving safer for everyone on the road by ensuring that drivers are following a consistent pace and can work together to keep traffic moving efficiently. Driving too fast or too slow can make accidents more likely because other drivers

When approaching an intersection, always look both ways before proceeding through it. If there are other cars nearby, slow down and allow them to pass. Do not follow too closely behind another vehicle as this can result in a collision should one of the vehicles stop suddenly.

Never attempt to cross a junction or intersection on red lights unless there is absolutely nowhere else for you to go safely. If you do have to cross through such places then make sure that your headlights are switched on as this will alert other drivers that they should be aware of your presence in the area

Why You Need a Car Accident Lawyer

The best way to avoid being injured in a car accident is by following all the rules of the road and driving with caution. While it is not always possible to prevent a car accident, safe driving practices can minimize the risk of being involved in one.

Nevertheless, even if you are an excellent driver, you cannot guarantee that other drivers will share your commitment to safety. This means that all drivers should know how to protect themselves from injury in the event of an accident. Contacting a car accident lawyer is the best way to protect yourself after a car accident.

by

How Long Can I Wait After a Car Accident to Find a Lawyer?

Car accidents are devastating. The legal hurdles one has to jump through to get compensation after an accident can also be challenging. Check out this explanation concerning how long you can wait after a car accident to find a lawyer.

Time

After you have been involved in a car accident, you should find a lawyer as soon as possible. This is because there are time limits you must take into consideration. For example, there exist statutes of limitations that state that you have to file a lawsuit against the other party involved in the accident within two years. If you obtain a lawyer right away, they will inform you of the statutes of limitations policies within your state as well as any exceptions and special cases. 

If you fail to procure legal services in a timely manner, you may find yourself in a situation where you cannot sue an at-fault driver because the time period in which you could do so has passed.

Labor

There is a great deal of work that needs to be done to carry out personal injury lawsuits. One has to gather evidence, including police reports, eyewitness statements, pictures, medical records, and information about lost wages. All this work will take a substantial amount of time and energy. You may struggle to collect the information you need. 

This is why you should hire a lawyer as soon as you can. Your lawyer will have a team of paralegals and legal assistants that can research the details of your case and provide you with the leverage needed to win; since multiple people will be working on your case, you can rest assured that all necessary tasks will be completed in time.

Protection

You may find it hard to navigate the world of lawsuits and insurance settlements without a lawyer. This is why you should get one immediately. If, for instance, you speak with insurance representatives by yourself before you discuss the situation with an attorney, they may mislead or misdirect you because they do not want to pay you the funds you deserve. A lawyer serves as your advocate. He or she can protect you from those who wish to minimize your compensation or dismiss your pain. 

Moreover, your lawyer will be aware of vital processes and procedures and will walk you through them so that you do not make costly errors and misjudgments.

It is crucial that you obtain a high-quality lawyer promptly after being in a car accident. 

Contact a car accident lawyer from David & Philpot, P.L. today to gain a better understanding of your options.

by

I Was Struck By a Car While Riding My Bike. Now What?

Car Accident Lawyer

Being hit by a car while riding your bike can be a disorienting experience to say the least. While assessing the damage to you and your bike, the last thing you want to be doing is racking your brain for a step-by-step playbook on how to proceed. 

As an experienced car accident lawyer from Hall-Justice Law Firm explains, there are several steps you can take if you have been struck by a car while riding your bike. 

1. Call 911

When you call for emergency services, ask for both police officers and emergency medical technicians (EMTs), even if you don’t have injuries that are obvious to you at the time. Remain silent about the accident until an officer arrives; anything you say, particularly about who may be at fault for the accident, can be used against you by the driver’s insurance company. Laws regarding accident reports vary by state. If one is prepared and reported, ensure that it is accurate with the officer on the scene. 

Also while on the scene, it is important to gather witnesses’ contact information. If you are unable to due to injuries, ask someone else who is there to do this for you. Ensure that the police have the information of the driver before the driver leaves. Also, take photos of your bike, the car’s license plate and any other details that will be pertinent to you later acquiring compensation for the accident. 

2. Seek Medical Attention

Whether or not you have injuries that are obvious to you immediately after impact, seeking medical attention as soon as possible is in your best interest. Symptoms of major injuries, like internal damage or injury to your brain, may remain dormant for hours or days. Plus, a record of your injuries will be created as soon as you visit a doctor. This is a crucial component in later receiving compensation for any care you received from healthcare professionals to treat injuries from the accident. 

3. Obtain the Accident Report

If you are interested in filing a claim with the insurance company of the driver, you will need a copy of the accident report. Do not speak with anyone from the insurance company until you have already contacted an attorney. His or her guidance will help you navigate this process, as insurance companies often try to mitigate claims against those they represent. 

If you or a loved one are avid bike riders, check up on your state’s laws about how to proceed if you are struck by a vehicle. Becoming familiar with the laws that pertain to you will only help you in the long run. If you have any questions, contact a local attorney today. 

by

Does Auto Insurance Cover a Bicycle Collision

Bicycle Collisions and Insurance

Auto insurance policies vary from company to company and also on what coverages the policyholder chooses to purchase. Having said that, however, most auto insurance policies do cover you if you’re involved in an auto-bike collision. This is true whether you were the driver of the vehicle or the bicyclist. Check your policy carefully to see if you have this coverage and call your insurance company if you have any questions.

Filing a Claim With Your Insurance Company

Assuming your auto insurance policy includes bicycle collision coverage, you can always file a claim with your insurance company if a motorist injures you while you’re out riding your bicycle. Alternatively, you can file a claim with your health insurance company. In both instances, however, doing so will almost assuredly raise your premium rates.

Filing a Lawsuit Against the Driver

Your better option almost always consists of hiring an experienced local car accident lawyer to file a personal injury lawsuit against the driver of the vehicle that hit you. This is true even if you were partially responsible for causing the accident. Even if you live in a comparative negligence or contributory negligence state, you still stand a good chance of obtaining sufficient compensation to cover your medical expenses, loss of salary or wages, and your noneconomic damages, such as for pain and suffering.

Keep in mind, though, that personal injury lawsuits usually take several months, at minimum, to settle or go to trial. Nevertheless, your doctor, hospital, and other health care providers likely will be quite content to wait for payment of their respective bills until your lawsuit concludes, especially if your attorney informs them of your suit and allows them to place liens against your ultimate settlement or jury award for the respective amounts you owe them.

As for attorney’s fees, most lawyers work on a contingency fee basis. What this means is that your lawyer will take his or her fee, usually around 33% of the ultimate settlement or jury award, out of whatever compensation he or she obtains for you. If he or she obtains nothing, an extraordinarily unlikely event, you will owe no attorney’s fees.

Perhaps the greatest advantage of hiring a car accident lawyer from a firm like Ward & Ward Law Firm is that he or she becomes your staunch advocate when negotiating with the defendant’s insurance company or presenting your story to the jury in the most beneficial manner possible if indeed your case goes to trial.

 

by

Brain Injury Lawyer

Concussion brain injuries are one of the leading causes of death and disability in children and adolescents who are from aged newborn to four years of age.this is also an issue in older children aged 15 to 19. Most often concussions are mild and temporary, but if they are severe, there may be lasting dammit. Even a mild to moderate concussion can actually cause lasting damage, and multiple head injuries can worsen health-related problems, which makes full recovery problematic.

You should speak to a brain injury lawyer if you are having issues with your child in various brain injuries. A good brain injury lawyer is going to understand how a brain injury can affect your child’s life, and they are going to fight to get your child the compensation that they deserve.

When a child receives a brain injury that leads to long-lasting health related injuries and problems, a healthcare provider must examine the child as soon as possible to find treatment if possible to help treat the child. But when your child is permanently disabled because of the negligence of somebody else that led to a brain injury, your child’s life is permanently affected from a very young age.

You should be very vigilant of adolescent contact sports and children’s playground injuries. When a child falls in the playground or they are tackled in contact sports, they could be injured and not even show signs of it. This means that you, the parent or guardian, need to be vigilant about ensuring that your child is not acting any different than they normally would and if they are acting any different from they normally would under typical circumstances, you should take them to a doctor.

You may not think about it, but one of the main contributors to brain injuries in young children about four years of age is playground accidents. The monkey bars, swings can be dangerous, and more. These are things that your children are going to come into contact with every time they enter a playground at recess, and while injuries can be rarer, they can also be very common.

Reach out to a brain injury lawyer after your child has a saved brain injury due to the negligence of somebody else, whether this is negligence in and upkeep of park equipment and playground equipment, or another person allowing bullying to get out of hand on the playground where they may have witnessed it.

A brain injury lawyer is going to be able to help you understand the severity of your child’s injuries, how it affects their life, and they are going to be able to value the care that your child may receive and require for the rest of their life after an injury. This is going to be valuable because you can receive funding for medical care for the rest of your child’s life. 

by

5 Reasons to Always Report Your Auto Accident to Your Insurance Company

We’ve all been there. You’ve been in an accident and you don’t want to tell your insurance company. You might be afraid that your insurance rates will go up. Maybe you don’t want the hassle of dealing with insurance. You may also want to be the nice guy and just work things out with the other driver. Who could blame you? 

Then, the shoe drops. The other driver doesn’t have insurance. Maybe the other driver files a claim and blames you for the accident. The only time you don’t need to report an accident is when the accident doesn’t involve any other drivers or when it happens on your property. You should always report an accident to your insurance company. Here’s why.

#1 It’s Your Responsibility 

When you took out your auto insurance policy, you agreed to report all accidents to the insurance company. If you don’t report an accident, your insurance company could deny coverage in the future.

#2 Damages Aren’t Always Obvious 

Damages to your car may not be seen until you get it to the shop. You may think that your headlight will only cost a couple of hundred dollars to replace, then you find out that it’s going to be more like $1,000. Same with your own body. Soft-tissue injuries may not become apparent until a couple of days after the accident when the adrenaline is no longer surging through your body. Reporting the accident immediately supports your claims.

#3 Your Insurance Company Can Help You Get Repairs 

You may be able to make repairs through your own insurance policy instead of waiting to settle with the other driver’s company. The insurance company can also help you work out a settlement.

#4 The Other Driver May Blame You  

If the other driver doesn’t have insurance or thinks you are to blame, you could be on the hook for the accident when you don’t report it. Reporting an accident to your insurance company can help you with your claim, even if you aren’t at fault.

#5 Reporting an Accident Isn’t the Same as Filing a Claim 

Alerting your insurance company to an accident doesn’t mean that you’ll necessarily file a claim. You may decide to pay out of pocket if the amount of damages is less than your deductible. You can make that decision once fault is determined and damages are calculated. As a personal injury lawyer from Daniel E. Stuart, P.C. would suggest to clients, it’s better to report the accident and make sure you can obtain future coverage than to risk your driving privileges.

by

The Relationship Between Doctors and Physical Therapists and Chiropractors

Some patients have some hesitation when it comes to working with a chiropractor. While you may find a lot of advice online about working with a chiropractor, it can be difficult to make the jump if you aren’t sure the chiropractor would have your doctor’s approval. Many people have the misconception that you should go to a chiropractor instead of your primary physician for neck and back pain. In reality, when doctors and chiropractors work together, it can be an overall positive experience for the patient. It’s recommended that your primary physician is always in the know of your medical condition and the treatments you are using. Both your certified chiropractor and doctor are great resources and help for pain relief as well as for a personal injury claim if your pain is the result of a life changing event such as a car accident or slip and fall. 

Can Doctors Work With Chiropractors?

There is a myth that there is a rivalry between chiropractors and doctors. Doctors want their patients to feel better and all doctors know that medication and surgery aren’t appropriate for all patients. Surgery is invasive and it is better to treat your pain through movement than to rely on prescription medication.

In a lot of cases, doctors will refer their patients to chiropractors for treatment. While medication may help in the short term, it does not compare to strengthening your muscles. Doctors have a broad reach, whereas chiropractors focus on the musculoskeletal system.

Do Chiropractors Listen to Doctors?

During your examination, a chiropractor should ask about your medical records. He or she needs to understand your full situation beyond what you can tell the chiropractor or what the practitioner can see during your exam. If you have undergone any recent surgeries or any illnesses or injuries that may affect your adjustment, the chiropractor needs to know about it.

If a doctor has reservations about a patient receiving chiropractic care due to a condition or surgery, an experienced chiropractor would probably offer the same opinion. Working in tandem with a doctor can actually enhance the experience of working with a chiropractor like one from Mid-Atlantic Spinal Rehab & Chiropractic.

Will Chiropractors Work With Physical Therapists?

A chiropractic adjustment is only one part of your physical health and well-being. While the chiropractor can perform adjustments and fix misalignments, a physical therapist will help you start moving again. The physical therapist will help you regain your strength so that you’re capable of moving without pain.. Physical therapists often work together with chiropractors to help their patients feel better.

In many cases, chiropractors work with the doctor. There is a lot of respect within the medical field. If you suffer from back or neck pain, a chiropractic exam and adjustment may help alleviate your discomfort. Set up an appointment with a chiropractor as soon as possible.