HOW TO PROPERLY FIGHT TRUCKING ACCIDENT LAWSUITS

Considering how lawsuits from trucking accidents can cost you millions of dollars, you must take it seriously. Take the proper measures to protect your company ahead of time. Due to the nature of the work, you may not be able to avoid accidents, but you can reduce the cost of them. EVIDENCE MATTERS Your lawyer can fight a trucking accident lawsuit with proper evidence. They can use a variety of sources to show evidence to the courts. Keep in mind, you must build the case immediately because most of the evidence available will vanish after several weeks. You must take action immediately...

27 September

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DUI CONVICTIONS ARE MORE SEVERE THAN MOST PEOPLE THINK

Posted by statenislandesq

in Accidents, Car Accidents

Drunk driving has been an inflammatory issue for decades. Many people have lost their lives in DUI-related driving accidents, but there seem to be few that fully understand the consequences of a DUI conviction. There are about 10,000 DUI-related deaths yearly in the United States. This suggests that there is still a significant number of people who aren’t aware of the long-term effects of a DUI conviction. If more people were aware of how much trouble a DUI conviction would get them into, perhaps they would think twice before driving while intoxicated. CRIMINALITY The immediate legal effect arising from a DUI conviction is that the...

13 June

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Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

Posted by statenislandesq

in Accidents, Injuries, Wrongful Death

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

29 May

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Differences Between Comparative Negligence and Contributory Negligence

Posted by statenislandesq

in Accidents, Injuries

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff. In both instances, the plaintiff's negligence must be proved by the defendant. The difference boils down to how the plaintiff's ultimate recovery (if any) is impacted by the plaintiff's own negligence. A further difference is that contributory negligence originated in common law, while comparative negligence is a statutory creation in jurisdictions that abolished the...

19 April

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Does ‘Alleviation’ Alleviate Insurance Carrier Fears?

Posted by statenislandesq

in Accidents, Car Accidents

Carriers, providers, and legal practitioners, alike, hoped the court would provide clarity on a carrier’s obligations once a policy becomes exhausted, but the recent decision did not squarely address that issue. Thus, albeit not articulated, the Second Department makes clear that proof of policy exhaustion, alone, is insufficient to dismiss a personal injury protection (PIP) lawsuit. That is, it is still necessary to scrutinize the timeliness and propriety of a denial. The logical conclusion is that a claim will be awarded if the denial or defense is not sustained regardless of policy exhaustion. Pursuant to New York state no-fault law, an automobile...

18 March

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Lawmakers Seek to Compensate Emotional Loss Through Overhaul of Wrongful Death Statute

Posted by statenislandesq

in Insurance, Medical Malpractice, Wrongful Death

Lawmakers in New York are seeking to expand the state’s wrongful death statute to allow compensation for things like grief or loss of love and companionship in this year’s legislative session. The state’s current laws only allow individuals to seek compensation based on the amount of potential income lost from the death of a loved one, which can often place limits on litigation. “Essentially, our legal system values the life of wealthy individuals more than a child or a senior, or a person with a disability," State Sen. Brad Hoylman said. By Dan M. Clark [Law] ...

11 February

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Establishing a Private Right of Action in Personal Injury Cases

Posted by statenislandesq

in Injuries, Insurance, Wrongful Death

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

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