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Samsung Galaxy Note 7

The Samsung Galaxy Note 7 was considered one of the best phones on the market when it was first released back in August of 2016. The Android fanatics of the world were ecstatic with the phone’s new features and how they were superior to that of Apple’s most recent iteration of the iPhone.

Unfortunately for Samsung, the Note 7 had a battery defect which caused some phones to suddenly explode, causing damage to individuals and their property. Samsung recalled1 the Note 7 on September 2, 2016, and has been suffering the losses ever since. The recall itself is expected to cost Samsung as much as $17 billion in lost revenue Samsung stated that the recall will expand to all Note 7 devices, including the original and replacement device. For some individuals, however, simply getting a new phone through the recall program is not enough.

Examples of Injuries and Damages

There have been a number of reported cases of Galaxy Note 7’s causing personal injury as well as damage to people’s property.

The New York Times2 reported that a phone exploded in a 6-year-old boy’s hands, causing him harm. The child was apparently watching videos on the phone when the phone suddenly burst into flames in his hand.

A Florida man3 claimed that his Jeep Cherokee was totaled because of the Note 7. The driver of the Jeep left his phone in the vehicle to charge while he was unloading something he had purchased. He went inside for a moment and came back out to find his entire truck engulfed in flames.

Finally, the Federal Aviation Administration4 went as far to issue a statement strongly urging passengers to not use or even turn on a Note 7s on an airplane for safety reasons.

Product Liability

From a legal standpoint, many of these cases involving injury from exploding Note 7s fall within the realm of products liability law. Product liability law is an area of the law that deals with defective or dangerous products. Manufacturers are generally responsible for products that leave their factories or warehouses. Who is responsible for the injury can vary depending on the reason for the injury. For instance, any party who may have come in contact with the product along the product’s chain of distribution may be to blame for the incident, such as:

The manufacturer of the product

The manufacturer of the components used in the product

The person who puts the components together to create the final product

The installer of a product

Wholesalers or retailers

There is no federal product liability law. Instead, states have found a way to deal with product liability claims by allowing them to be brought under a number of legal theories such as negligence, strict liability, and breach of warranty.

Call a Clearwater Personal Injury Attorney Today

There have only been a few lawsuits filed against Samsung so far regarding exploding Note 7s. The attorneys at Dolman Law Group have handled a number of product liability lawsuits and are well-equipped to represent clients who may have suffered from Samsung’s mishap. If you live in the state of Florida and have been personally injured or your property has been damaged because of a Samsung Galaxy Note 7 explosion, call us at 727-451-6900 today to discuss your potential product liability lawsuit. Samsung dropped the ball on this one and should be held responsible for their actions.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/product-liability-attorneys/

1 http://www.samsung.com/us/note7recall/?cid=ppc-

2 http://nypost.com/2016/09/11/recalled-samsung-phone-explodes-in-little-boys-hands/

3 http://www.fox13news.com/news/local-news/203295058-story

4 https://www.faa.gov/news/updates/?newsId=86424

[accidents-attorneys-blog]

Medical Malpractice Damages – How much is a Plaintiff entitled to receive?

Medical malpractice claims as well as the damages that are sustained due to malpractice are widely debated topics in our country today. The points of some contention are whether the provider was responsible for the injuries, the cost of medical malpractice insurance, and the states’ movements toward limiting recoveries for devastating harm that is often inflicted. The statistics surrounding these claims are staggering. The New England Journal of Medicine recently published a study1 indicating that one percent of all doctors in the United States account for nearly a third of all paid medical malpractice claims.

With respect to the damages in a medical malpractice case, an individual who has been injured through the negligence of a medical provider can recover a few different types of damages. Those damages would include medical bills, loss of enjoyment of life, as well as future earnings losses. If a patient dies as a result of a practitioner’s negligence, the patient’s family and heirs can also receive damages. There are three categories of damages that are generally available in medical malpractice cases. Those categories are general, special and punitive damages.

General Damages or Non-Economic Damages

General damages exist to compensate the patient for his or her suffering. The difficulty with general damages is that they cannot readily be ascertained. Some examples of general damages are loss of enjoyment of life, physical and mental pain and suffering, and loss of future earning capacity. In most cases, both sides will retain experts to evaluate the injuries sustained and surrounding circumstances in order to determine the dollar figure.

For example, with the loss of future earning capacity, both plaintiff and defendant may retain a forensic accountant to opine on the damages amount for the future earning capacity. This is especially true if the patient is relatively young and will be impaired long term. General damages are only available for injuries sustained in the accident and not for any pre-existing conditions. Should any pre-existing conditions exist, it may be useful to retain experts who will be able to testify whether or not the pre-existing condition has been aggravated and if so, the degree of impairment.

Special Damages or Economic Damages

Special damages do not bring as many challenges with them as general damages do, as they are fairly ascertainable. For example, medical bills and past missed work, which is typically called wage loss. While there may be some guesswork to calculate future medical expenses, special damages are not hard to determine. An expert may not be necessary with respect to these damages, except to prove that your treatment and missed work were necessary for your injuries.

Punitive Damages

In a limited number of circumstances, a patient can recover punitive damages in addition to his or her general and special damages. Punitive damages are more difficult to prove, however. The general requirement for punitive damages is that the medical provider knowingly or intentionally caused harm to the patient. An example of such a behavior is that the doctor knew that he had to fix two hernias but he only fixed one in order to bring the patient back for a second surgery. A judge or jury will determine the amount of punitive damages in accordance to the severity of the behavior by the medical professional, however there are state and federal constitutional limits on punitive damages. The limit is generally that punitive damages cannot be more than several times the amount of special and general damages.

Florida Limitations on Economic and Non-Economic Damages

Many states, including Florida2, have limits on what patients can recover for their non-economic damages such as anxiety, scarring, loss of companionship, and pain suffering. Florida does not, however, cap recovery for patients’ economic losses. In 2003, the Florida Supreme Court, removed the cap on economic damages in wrongful death cases.3 The cap for other medical malpractice claims remains. It is also noteworthy that Florida also utilizes different caps for medical practitioners including doctors and other care providers. There is no such cap for other defendants. Florida’s courts also have the power to increase that cap should the cases so warrant.

Call our experienced medical malpractice attorneys at our St. Petersburg, FL location today

If you have suffered an injury because of medical malpractice, please contact our skilled and experienced attorneys at the Dolman Law Group. We can assist you with evaluating your case and what your legal rights are. Please call our office at 727-222-6922 today.

Dolman Law Group

1663 1St Ave S. St. Petersburg, FL 33712 (727) 222-6922

https://www.dolmanlaw.com/st-petersburg-medical-malpractice-attorney/

1http://www.nejm.org/doi/full/10.1056/NEJMsa1506137?af=R&rss=currentIssuet=article

2http://www.miamiherald.com/news/state/article1961331.html

3http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.118.html

[accidents-attorneys-blog]

12 Things to Do After a Car Accident

Over 6 million car accidents occur in the United States each year. Fortunately, most of them only involve damage to the vehicle(s), as opposed to the occupants. However, 1 in 3 accidents involve an injury to the driver or passengers. And 2 out of every 10 accidents lead to fatal injuries.

Luckily, if you or a loved one is involved in a motor vehicle accident, there are things you can do to protect yourself and your interests. The law clearly allows for victims of negligence to recover their damages; but it’s not a given. You must be proactive in protecting yourself. The following are 12 initial ways you can do that.

Stay Put.

Never leave the scene of an accident, even if it’s only a minor incident. Not only is it illegal, but it will look bad if you—or the other driver—are injured. It also speaks to fault. So just find a safe place to get off the road and pull over.

Notify the Police.

Call the police as soon as possible after an accident. It is a mistake to assume that ‘everything can be worked out between the drivers’ or that the driver who now assumes liability will later tell the same story to their insurance company. Police officers are trained to document the details of a crash and also to take statements from those who were involved. This is crucial information when it later comes time to figure out what actually happened. Police reports do not have all the answers, and they may not tell the whole story, but police officers are considered trusted authorities, so the information they record could be crucial later.

Seek Medical Care

Even if you don’t think you’re injured, allow a medical professional to check you out anyway. If you are in pain—even if it’s minor—document it by having a doctor examine you. You don’t technically have to get medical attention right away in order to be able to file a claim later, but the sooner you do it, the more credible your injuries will seem.

You should also check on the other people involved in the accident to see if they’re okay. Get medical attention for anyone who needs it. If a person is unconscious or has neck or back pain, don't try to move them until the EMTs arrive; it could cause additional damage. If you are injured severely and must be transported to the hospital, it’s a good idea to have a trusted person gather as many of the following things as they can, as soon as they can.

Gather Information

Gathering information at the scene of the accident will be extremely beneficial later. Trade information with the other driver(s) involved. Take down their name, address, phone number, and their driver’s license number. Also make sure you obtain their insurance carrier and policy number. Likewise, you should get all the information you can from police officers. Get their names, badge numbers, and write down the police report number. This is one of the many times that having a smartphone changes everything. Just snap some photos of their IDs, insurance info, etc. and you’ll have all the information in one place. You should also ensure that you take note of and gather any information from any witnesses who may be nearby. This is critical. Note their names and contact information, do this quickly as many of the witnesses will leave after making sure everyone is "all right." Later, witnesses could play a crucial role in supporting your claim.

Take Pictures

Keep that cellphone out after taking photos of everybody’s info. Take pictures of everything. Take pictures of the damage and position of all the vehicles involved before they’re moved. Record the weather and road conditions, placement of the traffic lights, intersections, and people at the scene. Likewise, take picture of all your injuries, including scrapes, bruises, cuts, etc. Basically, you want to capture as much information as possible, right away. Pictures are often an integral part of putting together what happened. If you are unable to take pictures because of your injuries, have someone you trust do it; this step should not be skipped. Make sure to back up your originals when you get home by emailing them to yourself or by transferring them to another medium.

Do Not Discuss Fault

If you were the one at fault, or if you think you may have been at fault, do not make any statements or say anything that could be taken as an admittance of fault. Even if the other driver admits fault, do not talk about it. You should, however, speak truthfully with police officers and your own insurance company describing exactly what happened. Don't talk to a representative of any other insurance company besides your own until you have discussed it with your attorney or your own insurance company. If the other insurance company wants to speak with you, politely ask them to contact your attorney or insurer to arrange an interview. Be sure to let your people know about the call, as well.

Call Your Insurance Agent

All insurance policies require that you notify your carrier immediately when you are involved in a collision. You must do it as soon as possible. Insurance is generally a complicated subject. How and whose insurance will cover what is dependent on PIP, bodily injury coverage, uninsured or underinsured motorist coverage, and so on. It goes without saying that before you’re ever involved in an accident, be sure to assess your coverage. It doesn’t seem important, until it is.

Take Notes/Keep a File

As soon as you are able, write down everything you can remember. Document what happened, the road conditions, what was said afterward, whether any citations were issued, your injuries, who you have spoken with, etc. Insurance disputes and personal injury claims are two things: First, they’re not cleared up overnight; Second, they are all about details. For these reasons, documenting as much as possible—so you can remember them later and so you have records of important details—is a beneficial idea.

Put any notes you take, along with all the documentation you have gathered, into a large, secure folder. It is also helpful to scan each document into a file on your computer. It may be months, or years, before the crash is fully resolved. Keep all your accident-related documents and information together. This information should include everything from the claim number to every medical bill you’ve received.

Add to your Notes

Over the next several days, weeks, and months you will most likely make several phone calls and exchange many e-mails. Document everything that was said, dates and times, appointments, diagnoses, etc. Take notes on any medical care you received including the dates and doctor's names with the care you received. 

Be Aware

Everything that you do and everything you say—including what is posted on social media—could come back to haunt you later in your case, even if you believe that it was said in confidence or posted on a private social media account. Although it’s by no means mandatory, we highly recommend that clients disable their social media accounts while their case is active. The opposing attorneys could gain access to old photos, current posts, or people who may know you; it’s perfectly legal. Just be cautious about any information you give out.

Be Wary of Early Settlement Offers

If you're offered a settlement from an insurance company early in the case, be extremely cautious. They are a business, and just like any other business, they keep their costs low by paying out as little as possible. What may sound like a lot of money now, may not even come close to compensating you for all the costs that may lie ahead. Before any offer is considered, confirm all your physical injuries have been treated, since some injuries don't show up or reach their greatest level of discomfort until many days, weeks, or months later. Don't settle a claim until you know you'll be compensated for all your injuries, and consult an attorney before signing any settlement documents. The insurance companies have a team of lawyers to consult, and so should you.

Contact a Personal Injury Attorney

It’s absolutely imperative that you protect your rights, especially during a time when you’re vulnerable, like after an accident or while you’re injured. Personal injury attorneys devote their professional lives to protecting the rights of injured victims and getting them all of the compensation they deserve. An attorney who focuses their practice on personal injury law knows the ins-and-outs of insurance practices, civil laws, and courtroom procedures. Additionally, they often have an extensive network of doctors, investigators, and experts who have the interest of injured victims—not insurance companies—in mind.

[Click here to learn about the difference between contacting an attorney and using a lawyer referral service.]

Dolman Law Group

If you or someone you love has been involved in an accident or injured due to someone else’s negligence, contact the experienced personal injury attorneys at Dolman Law Group. We have devoted our practice to helping those injured victims who may not be in a position to take on the large insurance companies by themselves. It’s our aim to provide big firm results with a small firm’s personal touch. One of our experienced attorneys will be happy to go over your case with you during a free case evaluation. You deserve to recover physically, emotionally, and financially. Call to schedule a free consultation at 727-451-6900 or email us on our contact page.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/blog/category/accidents/automobile-accidents-attorneys/

[accidents-attorneys-blog]

6 Common Workplace Deaths and How to Prevent Them

Nearly 5,000 workers die each year as a result of preventable injuries while on the job. These work-related incidents—whether they occur at work or while performing job duties off-site—devastate families in unimaginable ways. But these workplace deaths are not inevitable; there are things that can be done to prevent them. However, if a family does experience an unfortunate loss, there is a way for the, to recover financially once they’ve grieved their loved one.

All workplaces have a set of standards and rules that they expect their employees to follow in order to both keep their workers safe and to limit their liability should an unfortunate accident occur. If employees adhere to these guidebooks of safety regulations they have much more reduced chance of being injured. These guidebooks are often put together by professionals who specifically consult on workplace safety. They allow for the employee to both properly complete their work tasks and to ensure they go home safe. In addition to safety manuals, employers often spend thousands of dollars to ensure that employees are trained in the proper ways to execute tasks. When finances are tight, these precautions are, unfortunately, some of the first to go in small businesses. In these instances, a worker may not get the proper training they need in order to stay safe. Despite safety regulations and guidebooks, whether the place of employment has strict rules or none-at-all, workplace accidents still happen. Sometimes, the employee pays the ultimate cost and loses their life.

[Click here to read about what families can recover in a wrongful death suit.]

In 2014, according to the U.S. Bureau of Labor Statistics, 4,821 men and women died in U.S. workplaces as a result of serious traumatic events. This includes a range of incidents including falls, explosions, vehicle collisions, fatal contact with equipment or machinery, and workplace homicides. Most of the events on the list are preventable. This category only takes into account accidents. When illness from long-term exposure to on the-job hazards and unsafe practices is considered the death toll becomes much larger. It is estimated that more than 53,000 deaths occur each year from respiratory, cardiovascular, and kidney diseases, in addition to cancers and other conditions which can be linked directly to workplace exposure.

Since there are roughly 5,000 workplace deaths from traumatic events and 50,000 deaths from long-term exposure, it is clear that workplace illness is a serious problem, accounting for ten times the loss. The estimated yearly cost to the nation of these workplace deaths is $51 billion, including medical care, lost wages, loss of productivity, and other costs.

If non-fatal workplace injuries and illnesses are taken into account, it costs the nation an additional $200 billion dollars. It is clearly a big problem.

Of course, no dollar amount can be placed on the immense cost in human suffering to workers and their family and friends when their loved ones are hurt, maimed, and killed as a result of these tragic and preventable workplace injuries and illnesses.

The Bureau of Labor Statistics identifies six major categories of events which result in workplace deaths:

-Transportation incidents (for example, car accidents)

-Workplace Violence (for example, a cashier being robbed)

-Contact with objects and equipment (for example, forklift accidents)

-Slip-and-falls (for example, slipping in a puddle of water)

-Exposure to harmful substances (for example, exposure to asbestos)

-Fires and explosions (for example, a chemical factory explosion)

There are clear and deliberate steps that can be taken to prevent each one of these workplace causes of workplace injury and death. Gathering from different organizations in charge of these areas, we have put together a list of how to prevent these workplace deaths, according to the experts.

Transportation incidents

According to the CDC, millions of American workers drive or ride in a vehicle as part of their jobs. Because of this, it is easy to see why they also classify motor vehicle crashes as the leading cause of work-related deaths in the U.S. From truck drivers to taxi operators, from curriers to those just riding to the job site, there are thousands of jobs relating to riding in a vehicle. Each one, no matter how minor or infrequently they require driving or riding, they still pose a serious threat.

In 2013, just over a thousand U.S. workers died in work-related crashes involving motor vehicles. This amounts to 24% of all work-related deaths; this is a significant portion. Another 521 deaths were non-roadway crashes involving motor vehicles and pedestrians struck by motor vehicles. One does not have to be driving the vehicle to be at-risk of being killed by it.Of these motor vehicle deaths related to the workplace, the transportation and warehousing industry had the highest share of deaths, followed by construction and agriculture, then the wholesale and retail trades.

Although the majority of vehicles involved in fatal crashes were semi, tractor-trailer, and tanker trucks, together passenger vehicles, pick-up trucks, and SUVs accounted for the same proportion of deaths.

The CDC suggests the following for preventing these accidents:

-Incorporate safety devices on highway and construction equipment.

-Make sure that your company leaders are modeling good road safety and practices.

-Implement policies to guide motor vehicle safety, like banning texting and driving.

-Select drivers based on skill and qualifications; train them well.

-Ensure that all vehicles are well maintained and safe.

-Provide adequate staffing and barriers separating vehicles from workers on highways and other roadways.

-Use spotters and backup cameras to prevent back-overs.

For more information on work-related vehicle safety, see this CDC PDF.

Workplace Violence

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. Workplace violence can occur from customers or from co-workers.

Each year, nearly 2 million American workers report having been victims of workplace violence; many more surely go unreported. Certain jobs obviously increase one’s risk of violence, such as exchanging money with the public, working alone or in isolated areas, or working where alcohol is served. Additionally, other factors may contribute, no matter what the jobs, such as working late at night or in areas with high crime rates. Although workplace violence is not often thought of when recounting what constitutes workplace injuries and death, it is a significant portion of the thousands of incidents each year in the US.

According to OSHA, some ways to prevent workplace violence are:

-Implement a workplace violence prevention program, including written protocols, training, and preparedness workshops.

-Ensure adequate staffing levels in dangerous locations and at dangerous times.

-Make use of protective safe barriers, key cards, and door locks.

-Establish a zero-tolerance policy toward workplace violence.

Contact with Objects and Equipment

Moving machine parts are responsible for large portion of work-related injuries, and some work-related deaths. Although factory jobs have decreased over the last couple of decades, the threat remains. Contact with objects and equipment have the potential to cause severe workplace injuries, such as crushed fingers or hands; burns; broken bones, backs, and necks; blindness; or nearly any other injury. Safeguards are essential for protecting workers from these preventable injuries.

According to OSHA, some ways to prevent injuries and deaths from work-place objects and equipment are:

-Replacing outdated equipment with modernized machines to take advantage of current, safer technologies.

-Eliminate unnecessary hazards where possible.

-Train workers to the highest degree possible and encourage best-practice protocols.

-Keep equipment that requires multiple people well-staffed.

-Encourage employees to use the proper equipment and practices, even if takes longer.

Slip-and-Falls

Slips, trips, and falls can occur on ground level, or from very high heights, depending on the nature of the work. Both can cause serious injury and death. When it comes to falling, spinal injuries and traumatic brain injuries are often involved. When these vital organs play a role in an injury, the results are likely to be serious.

Falls are the top cause of construction fatalities and account for one-third of on-the-job injury deaths in the industry. Each year in the U.S., more than 200 construction workers are killed, and over 10,000 are seriously injured, by falls. In addition to construction job falls, many more employees slip, trip, or fall while working in places like retail stores, nurseries, on farms, or in jobs requiring lots of walking like delivery drivers.

Ways to prevent slip-and-falls on the job, include:

-Identify high-risk situations and heights in your workplace, then implement safeguards.

-Install railings and hand-railings, even in places that seem unlikely to cause a fall.

-Provide adequate protection, including guarded work platforms, harnesses and other fall arrest equipment.

-Implement prevention programs to train workers on height safety.

-Always clean up and spills or slip hazards.

Exposure to Harmful Substances

If you do not use chemicals to do your job, it may surprise to you find out that many hundreds of thousands of Americans use a wide variety of chemicals every day. While many of these chemicals are suspected of being harmful, only a small number are regulated in the workplace. As a result, workers suffer more than 190,000 illnesses and 50,000 deaths annually related to chemical exposures. Workplace chemical exposure has been linked to a wide range of cancers and a wide range of other diseases affecting the lungs, kidneys, skin, heart, stomach, brain, nerves, and reproductive organs.

Chemicals can take many forms, and are found in almost every workplace in America. Harmful substances in workplace can be cleaning products such as toilet cleaners, disinfectants, mildew remover and chlorine bleach; art supplies, such as paint thinner and pottery glazes; shop supplies, such as parts de-greasers and cleaning solvents; and office materials, such as photocopier toner.

Ensure employees do the following to protect them against harmful workplace chemicals:

-Follow the directions and precautions listed on the label.

-Always use protect gear.

-Always dispose of a chemical properly.

-Reduce or eliminate the use of hazardous chemicals whenever possible.

-Maintain adequate ventilation systems to reduce concentrations of airborne chemicals.

-Practicing good personal hygiene and maintain regular workplace cleaning routines.

-Introduce administrative controls to minimize exposure to chemicals.

-Maintain equipment in good order to prevent leaks and breakdowns that may release toxic substances.

Fires and Explosions

According to the Bureau of Labor Statistics, fires and explosions account for 3% of workplace fatalities each year. From factory explosions to kitchen fires, there is a very real threat of serious injury or death from this workplace hazard.

According to OSHA, ways to prevent workplace fires and explosions, include:

-Practice good workplace housekeeping by eliminating clutter and maintain access to exits and emergency equipment.

-Dispose of flammable materials properly and on a regular basis.

-Maintain machinery to prevent overheating and friction sparks.

-Report any electrical hazards.

-Use and store chemicals safely.

-Read the label and the Material Safety Data Sheet to determine flammability and other fire hazards.

-Ensure proper and adequate ventilation when using dangerous chemicals and substances.

-Never block sprinklers, firefighting equipment, or emergency exits.

-Teach employees how to properly use a fire extinguisher.

[Click here to read more about filing a wrongful death or workers’ compensation claim.]

Dolman Law Group

Unfortunately, thousands of employees are left maimed, injured, and/or disabled every year because of workplace hazards and accidents. Additionally, thousands of families are left devastated when their loved one leaves for work and never returns home. These accidents can be prevented and employers should be taking every step possible to do so.

If you or a loved one has been injured or killed as a result of a work-related accident, you may be entitled to workers’ compensation benefits and/or a wrongful death suit. The attorneys at the Dolman Law Group are experienced personal injury and workers’ compensation attorneys who are prepared to review your case and assist you with the process which will make certain that you receive all of the compensation you are entitled. A consultation is free, so please do not hesitate to call our office today at (727) 451-6900.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/workers-compensation-attorneys/

[accidents-attorneys-blog]

Longer Nights can Cause More Collisions

According to the National Highway Traffic Safety Administration (NHTSA) the number of night time accidents increased1 by 7% between the years of 2014-2015. In addition, the NHSTA estimates that 100,000 fatigue-related accidents happen on a yearly basis, with driver negligence being one of the leading causes for accidents in the U.S. In addition, approximately 71,000 of these accidents result in injuries. These numbers are likely to increase as the population continues to grow and more drivers get on the road.

Driver Fatigue

Driver fatigue can occur for a number of reasons. People may work long hours that force them to travel home at odd hours in the early morning. Truck drivers who stay active and alert during the day may force themselves to stay awake and fall asleep at the wheel. Socialites who attend late night parties may try to drive home while intoxicated and lose control of the wheel. The list goes on and on.

Fatigued drivers do not have the same sense of alertness as normal drivers on the road. Their response time is delayed. Their eyes are droopy. Their bodies are spending too much energy trying to stay awake and forgetting about what is on the road in front of them. Their vehicles essentially become large metal death machines that can cause injury at any moment.

Types of Accidents Resulting from Driver Fatigue

Not surprisingly, many accidents relating to driver fatigue involve a single car. This is because fatigued-drivers tend to fall asleep or fail to notice something on the road such as a guardrail or obstruction. As a result, many drivers may run their own cars off the road or collide with other objects that are not cars.

However, driving while fatigued or drowsy can lead to serious multi-car pileups too. A driver may fail to stop in traffic or drive right through an intersection without even noticing a red light or stop sign. Poor weather can play a significant role as well. A driver who is drowsy may suddenly swerve to avoid a car or other obstruction and subsequently slip on an icy or slippery road.

People Injured by Fatigued Drivers Can Often Recover for Their Losses

Fortunately for people who are injured by drowsy drivers, Florida law2 generally entitles victims of these kinds of accidents to compensation for their losses. In a Florida personal injury claim, victims can recover for both economic and non-economic losses, including the following:

Medical bills

Lost income

Property damage

Loss of quality of life

Physical and emotional pain and suffering

The exact amount of money you recover will depend on a number of factors, including the severity of their injuries, the amount of property damage, whether they were partially at fault, and their income. When you meet with a personal injury attorney to discuss your case, he or she will be able to give you an idea of how much you will be able to recover.

Auto Accident Attorneys Can Help the Victims of Fatigued Drivers

If you have been involved in an auto accident, whether you believe caused the accident or not, you should consult with an attorney. An experienced accident attorney is equipped to investigate and evaluate all circumstances surrounding the incident. Most importantly, a seasoned auto accident lawyer will be able to assess fault and determine what methods of relief may be available for injured victims.

Contact a Clearwater Personal Injury Attorney Today

At Dolman Law Group, our Florida attorneys have handled a number of auto accident cases and know how to deal with insurance companies and adjusters. Give us a call today at 727-451-6900 to discuss your claim today. We represent clients all throughout Florida and have offices in New Port Richey, Clearwater, and St. Petersburg.

Dolman Law Group 800 North Belcher RoadClearwater, FL 33765 (727) 451-6900

https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812349

http://www.leg.state.fl.us/statutes/

[accidents-attorneys-blog]

Risks of Children in Fall Sports Leagues

During the Fall season, many young children participate in fall sports such as soccer, football, wrestling, and field hockey, to name a few. Many, if not most, of these sports are high-energy contact sports. Although we often like to think of children as malleable and able to bounce back from any injury, oftentimes young children can suffer horrible injuries that have a lasting impact on their lives.

Common Sports Injuries

A few types of injuries are fairly common in fall sports:

Sprains1

Torn ligaments

Broken or fractured bones

Muscle strains or injuries

Heat-related injuries

Concussion (especially in football)

Dehydration2

Overuse Injuries

Overuse injuries are very common with children and young adults and require special consideration. Although participation in sports is great for children and promotes exercise, too much sports activity can lead to injury. Overuse injuries gradually occur over time and are not very easy to diagnose. An example of an overuse injury could be an elbow injury on a baseball pitcher who pitched every game in a season. A swimmer who trains every day may suffer a shoulder injury.

Overuse injuries are especially troubling with children and young adults because they are still growing. Overusing a muscle or other part of the body can potentially stunt growth and may lead to other long-term health problems that prevent these children from growing up to live normal lives.

Treatment and Prevention

It is important to pay attention to your children if they are participating in sports. Ask them what types of things they do when they play the sport. Make sure they incorporate proper stretching practices. Keep them hydrated. Help them ice down their joints after a long game. Most importantly, if you child has expressed that they are suffering from some kind of pain or other discomfort, then it is important to consult with a doctor immediately. If you are unsure if your child is physically fit to participate in a given sport, consider having them evaluated by a doctor before allowing them to try out for a sports team. If the sport requires the child to wear protective equipment, inspect the equipment yourself to ensure that it is free of any defects.

Sports Injuries and Florida Law

Despite taking the necessary precautions, injuries are still likely to happen in sports. Although children generally assume the risk of injury, there may be potential redress from those who were responsible for supervising the child’s activities. Coaches, schools, and sports organizations may be found negligent and forced to pay damages if they failed to prevent harm when it was reasonably foreseeable. For instance, a coach who sends a child into a game, knowing that the child could have a potential concussion, could be liable for any harm that child suffers from continuing to play in the game.

Contact a St. Petersburg Personal Injury Attorney Today for a Free Consultation

If your child has been hurt or injured while playing a sport for a school or organization, contact the experienced personal injury attorneys of Dolman Law Group today at 727-222-6922 to discuss your potential lawsuit. We offer free initial consultations and will not charge you’re a penny until we obtain a judgment or settlement in your favor.

Dolman Law Group

1663 1St Ave S.St. Petersburg, FL 33712(727) 222-6922

http://www.dolmanlaw.com/st-petersburg-personal-injury-attorney/

1 https://medlineplus.gov/sprainsandstrains.html

2 http://www.mayoclinic.org/diseases-conditions/dehydration/home/ovc-20261061

[accidents-attorneys-blog]

Defective Motorcycle Safety Gear

It is common knowledge that motorcycles are less stable and often times less visible than cars and can have high performance capabilities. The lesser stability and lesser visibility on the roads, along with the lesser protection they provide to their riders, put the riders at a high risk of grave injuries in crashes where they are most likely to be seriously injured or even killed. The federal government estimates1 that per mile traveled in 2014, the number of deaths resulting from motorcycle crashes was over 27 times higher than the number of cars.

Motorcycle Helmet Use and Head and Facial Injuries

In 2009, the U.S. Department of Transportation, the National Highway Traffic Safety Administration conducted a study on motorcycle helmet use and head and facial injuries. This report examined the relationship between motorcycle helmet use and motorcycle crash outcomes in terms of injury types, hospital charges and other variable data. The study found that helmeted motorcyclists were less likely to experience facial and head injuries compared to un-helmeted motorcyclists. Additionally, helmeted motorcyclists were significantly less likely to experience a traumatic brain injury.2

Florida Helmet Laws

Florida Statutes, particularly Title XXIII, Chapter 3163 states that no person may not operate or ride upon a motorcycle “unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with the Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.” This statute further specifies that a person may also not operate a motorcycle “unless that person is also wearing an eye-protective device of a type that is approved by the Department.”

How to Determine Whether a Motorcycle Helmet is Safe

There seem to be many different guidelines on what is making a motorcycle helmet safe. One such measurement is the DOT (Department of Transportation) certification. There is another certification available and it is provided by the Snell organization. Experts generally agree that the DOT certification represents the minimum standards of helmet testing. While the Snell organization’s certifications are more stringent, it is important to be aware that there is no single helmet which protects all riders from all accidents that are possible. However, a certified helmet is usually the safest choice.

Defective Helmets and Resulting Consequences

Defective motorcycle helmets can increase the injury a motorcyclist may sustain in an accident. Considering research results pointing out the safety of riding with motorcycles and most states requiring the use of helmets, it is surprising that 90% of motorcycle fatalities involve a motorcyclist not wearing a helmet. Even for those motorcyclists who carefully consider the type of the helmet and its safety aspects it provides, some helmets leave factories with defects. Often times, a defect in the helmet itself cannot be seen until it has been in an accident. When a helmet fails to perform to the level suggested by the manufacturer or safety regulating agency and a motorcyclist sustains an injury in a collision, the individual or the motorcyclist can possibly pursue a product liability claim against the manufacturer for past and future medical care.

Types of Motorcycle Helmet Defects

In the United States, motorcycle helmet safety is overseen by the Department of Transportation and any malfunctioning equipment is investigated by them. One of the most common helmet defects is helmet ejection, where the helmet does not stay on the rider’s head upon impact. Another common helmet malfunction arises when the helmet is improperly delivered and the outer padding fails to absorb a majority of impact and the inner padding fails to protect the brain from moving too much. Both of these malfunctions can have serious consequences for the motorcyclist. Those consequences can lead to major brain injuries in an accident leading to coma, disability or even death.

Helmet Defect Product Liability Cases

In order to determine whether a defective helmet has contributed to your injuries, it is important to examine the helmet. An early investigation is critical as often times there are certain periods within which a lawsuit must be filed – called the statute of limitations. Often times experts need to be retain so that they can conduct their own testing to determine the exact nature of how the helmet failed to protect you and whether it conformed to the required standards.

Call a St. Petersburg Motorcycle Accident Attorney Today

The experienced products liability attorneys at the Dolman Law Firm can assist you after you have been in a motorcycle accident and can help you determine whether the injuries you suffered have resulted from a defective motorcycle helmet. Please call our St. Petersburg office at (727) 222-6922 for a free consultation today.

Dolman Law Group

1663 1St Ave S.

St. Petersburg, FL 33712

(727) 222-6922

https://www.dolmanlaw.com/st-petersburg-motorcycle-accident-attorney/

https://www.dolmanlaw.com/legal-services/product-liability-attorneys/

1http://www.iihs.org/iihs/topics/t/motorcycles/fatalityfacts/motorcycles

2https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811208

3http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.211.html

[accidents-attorneys-blog]

Anesthesia Error Medical Malpractice

For the most part, doctors work hard to uphold the Hippocratic Oath to take care of their patients. Unfortunately, they do make mistakes. Sometimes, those mistakes result in serious consequences for unfortunate patients, creating lasting damages for them and their families. When the consequences are a result of negligence, the outcome is medical malpractice. The patient then has to decide whether or not they will file a medical malpractice suit to get compensation for the damages they suffered. It is estimated that anesthesia is administered over 40 million times per year.

Unfortunately, anesthesia errors are one of the most common forms of medical negligence in the United States.

One of the most critical—and necessary—parts of any surgical procedure is anesthesia. General anesthesia induces a patient into an unconscious-state, allowing them to avoid the pain and discomfort associated with surgery. There are also more localized types of anesthesia.

Those who administer the anesthetic medication—deemed anesthesiologists—have an extremely important job, for which they study hard and are well compensated. Administering the drug is a complicated situation of checks and balances, assessing each patient’s weight, overall health, and the type of procedure the patient will undergo. Because there are so many factors involved in administering anesthesia, it is not uncommon for mistakes to happen. When that mistake causes a patient unnecessary harm, the patient or their family may have a medical malpractice claim.

Types of anesthesia include:

Local anesthetic is used to numb specific body parts or areas. This is done through an injection directly in the spot that needs numbing. The most common examples of local anesthetic are into the gums for a dental procedure or into the skin to have a mole removed.

The most common type is general anesthesia. This is the type of anesthesia that renders a patient unconscious. The medication is either inhaled (through a breathing mask) or administered intravenously. Often, a breathing tube is necessary to maintain proper breathing during surgery. When the surgery is over, the medication is discontinued (and sometimes medications to reverse the process are administered) and the patient is monitored as they come back around .

Spinal anesthetics are used to numb the area below the waist for surgery. For example the pelvic, rectal, or lower extremity region. This type of anesthesia involves injecting anesthetic medication into the area around the spinal cord. The injection then causes numbness in the lower body. This type of anesthesia is most often used in orthopedic procedures.

An epidural anesthetic is similar to a spinal anesthetic, except the medication is delivered continuously, rather than in a onetime injection. This type is most commonly used to numb the region for childbirth. Epidural anesthetics may also be used for other types of surgery, like chest or abdominal procedures.

Regional anesthesia is similar to local anesthesia, except that its goal is to numb a larger areas of the body, such as an entire leg.

Another form of anesthesia that does not completely render the patient unconscious is dissociative anesthesia. This medication has minimal effect on respiratory function and leaves the patient with other forms of movement like swallowing and opening their eyes. However, cognitive function is extremely limited, blocking the patient from processing information. This form of anesthesia is used for brief, superficial procedures or diagnostic processes.

Anesthesia Errors

Because of the nature of anesthesia, there are plenty of complications that can arise. It is a powerful drug that walks a thin line between leaving a patient too awake—and thus feeling pain from the surgery—and too incapacitated—thus making questionable if and how the patient will wake up again. Some common errors in anesthetic medicine are:

-Administering too little of an anesthetic drug, called Anesthetic Awareness

-Administering too much of one the anesthetic drugs, called Anesthetic Overdose

-Injecting anesthesia at the wrong rate, through IV or breathing mask

-Anesthetic equipment malfunction or failure

-Delayed delivery of anesthesia

-Delivering an incorrect anesthesia drug

-Administering incompatible drugs, either anesthetic with anesthetic or with prescription drugs

-Giving anesthesia to a patients with allergies to certain administered medications

-Failure to properly monitor the patient

-Injecting an anesthetic drug too quickly

-Improper reversal of anesthetic state

Complications from Anesthesia

The list of potential anesthetic complications is long and complicated. That’s because there is so much room for error, as discussed earlier. When a doctor is in charge of making a patient unconscious, making a patient lose muscle reflexes, and creating amnesia, there are a lot of things that could go wrong. Combine this with the fact that most anesthetics cause patients to lose the ability to breathe on their own (requiring ventilation) and a dangerous combination arises. Some of the potential complications are not serious enough to justify medical malpractice; some very much are. Some of the most common anesthetic complications are:

-Nausea and vomiting (up to 30% of patients)

-Tooth damage due to the placing of the breathing tube during the operation (1 in 4,500 cases)

-Damage to the larynx

-Serious allergic reaction to anesthetic drug(s) (0.2% of patients)

-Respiratory difficulties/respiratory depression

-Cardiovascular collapse

-Jaundice

-Pneumonia

-Hyperthermia

-Brain damage from lack of oxygen

-Blood clots/ Embolism

-Nerve injury (0.4% in general anesthesia)

-Heart attack

Some of the more serious and traumatic complications that can arise because of improper or negligent administering of anesthetic drugs are:

-Anesthesia awareness,

-Stroke, and

-Death

Anesthesia awareness is when a person regains consciousness during a surgery while the drug keeping the patient from moving or talking is still working. This means the patient can feel what is happening to them but has no way to tell anyone or stop the pain. It is extremely rare, but when a patient is awake for a portion of their surgery, the results can be dramatic.

Stroke can occur while patient is under anesthesia or up to 10 days after the surgery. Sometimes strokes are minor, other times they lead to lasting brain damage. It is possible for a patient (mostly those with risk factors) to die from a stroke due to a combination of anesthetic drugs and after-effects of surgery.

Because of the extreme nature of rendering a person paralyzed, unconscious, and unable to feel pain, there are definite risk factors for death. The most common causes of death from anesthetics are circulatory failure in combination with an overdose of secondary anesthetic drugs; problems with breathing and oxygenation of blood from human or mechanical error; allergic reactions including malignant hypothermia; and general human negligence such as lack of watchfulness or errors in the administration of the drugs or mechanical equipment.

When is a Hospital Liable in a Lawsuit?

In most cases, the anesthesiologist will have been employed by the hospital. In these cases, the hospital will automatically be liable for any negligence committed by its employee. This is called vicarious liability.

It is possible for the anesthesiologist to be an independent contractor, in which case the hospital may not be liable (but the independent anesthesiologist will be). However, the hospital may be held liable for the independent contractor if they were negligent in hiring and supervising them.

The hospital may also be liable if the negligence occurred due to anesthesia equipment failure. In this case, the hospital may be independently negligent for failing to maintain and repair its equipment.

How does one prove anesthetic medical negligence?

The main cause of medical malpractice always comes down to medical negligence.

In order to be found negligent, a doctor must perform an act or omission (failure to act) that deviates from the accepted medical standard of care. Basically, they must do something wrong (accidental or purposeful) or fail to act when they should have.

In medical malpractice cases, courts define medical negligence as a healthcare provider’s failure to exercise the degree of care and skill of the average health care provider.

In a medical malpractice lawsuit, the plaintiff’s attorney will produce an expert medical witness (the plaintiff must prove malpractice) to testify that the defendant doctor did not act in a way that any reasonable doctor would have. The attorney and witness will analyze factors like pre-surgical risk for anesthesia, the surgeon’s and anesthesiologist’s operative notes, and what happened during the surgery. The known complication rate of the certain type of anesthesia used during the surgery is also a major factor.

[Click here to read about the possible outcomes for a personal injury case]

Columbia University Study

In the early 2000's, the University of Columbia researched the epidemiology of deaths from anesthesia. Previously, data on the topic was only from individual hospitals. The goal of this study was to “examine the epidemiologic patterns of anesthesia-related deaths at the national level.” This is what they found:

-46.6% of anesthesia-related deaths were caused by anesthetics overdose

-42.5% were related to the adverse effects of anesthetics during therapeutic use

-3.6% occurred during childbirth

-7.3% were due to other complications

Dolman Law Group

Dolman Law Group is an experience personal injury frim representing the Clearwater–Tampa–St Pete area, and all of Florida. We specialize in medical malpractice suits with a focus on helping clients to recover and rebuild. If you or someone you love has suffered due to anesthesia error, contact us for a free consultation. One of our skilled malpractice attorneys will perform a free case evaluation to see to it that you get the justice you deserve. Call today at (727) 451-6900 or contact us here.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/medical-malpractice-attorneys/

[accidents-attorneys-blog]

Traffic Mistakes that Lead to Crashes

Car accidents, while easily preventable, occur quite frequently. There have already been over 300,000 accidents in the State of Florida since the start of 2016.1

Car accidents can vary from being relatively minor to extremely serious in nature and in some instances, car accidents may even be fatal. In addition to causing potential injuries, car accidents may also impact other elements of an individual's everyday life. Car accidents may affect an individual's ability to remain mobile as well as negatively affect an individual's finances.

Because of the frequency at which car accidents occur, it is important to identify common causes of car accidents in an effort to avoid them. Specifically, collisions often result from a driver making mistakes on the road and putting you at risk. Some traffic mistakes that are common causes of car accidents include:

Distracted Driving

Distracted driving is the cause of a number of car accidents. Distracted driving occurs whenever a driver's full focus is not on the road. Instead, the driver's focus is split between driving and some other activity. Some common examples of distracted driving include:

Using cellphones while driving: More drivers are using cellphones while driving. Drivers can be distracted either while talking on the phone or while texting. This increases the probability of an accident. As a result, many more cities are now requiring drivers to use hands-free devices.

Adjusting the music or GPS device

Looking at the scenery or anywhere but the road in front of the driver

Being distracted by other passengers, including children riding in the backseat

Driver Fatigue

A driver who operates a vehicle while tired is at a greater risk of causing an accident. Driver fatigue impacts the driver's judgment and decreases focus. This may result in the driver varying speeds for no reason, failing to observe basic traffic rules, or experiencing increased road rage. Drivers should be well-rested whenever driving. Drivers should get a good sleep before driving, take breaks if traveling long distances, and pull over should they feel tired or drowsy. In addition, all commercial truck drivers should always follow hours of service regulations set out by the Federal Motor Carrier Safety Administration (FMCSA).

Speeding

Speeding increases the risk of an accident. It reduces the time required to stop, increases the risk of the driver striking another vehicle, or it may cause the driver to lose control. Speeding also increases the possibility that an accident may be more severe due to the increased force of the impact. In addition to following the posted speed limit, drivers should always reduce their speed in potentially dangerous road, traffic, or weather conditions.

Aggressive Driving

Aggressive driving occurs whenever a driver operates a motor vehicle without regard for the rights and safety of others. This can include a variety of aggressive behaviors such as:

Tailgating vehicles

Frequently changing lanes without regard for others

Preventing others from operating their vehicle in a reasonable manner

Using insulting language and inappropriate gestures

While all aggressive driving is dangerous, it can be even more harmful if a driver’s impatience increases to rage. Road rage can result in drivers purposely putting other people in harm’s way.

Weather

It is not uncommon for driving to be negatively impacted by adverse weather conditions. Bad weather can increase the likelihood of an accident because it creates unsafe driving conditions, reduces visibility, and makes it more difficult to stop and avoid hazards which result from changing road conditions.

CONTACT AN AUTOMOBILE ACCIDENT ATTORNEY TODAY

Accidents can be avoidable and drivers who make dangerous errors on the road should be held fully liable for all of the harm caused. Car accidents can lead to financial complications as well as to physical injuries. If you are in an accident, you may be entitled to financial compensation for those costs and expenses resulting from the accident. At the Dolman Law Group in St. Petersburg, Florida, our team of skilled and experienced automobile accident attorneys will work diligently to get you the compensation you deserve. Call us today at 727-222-6922 for a free consultation.

Dolman Law Group

1663 1st Ave S.

St. Petersburg, FL 33712

(727) 222-6922

https://www.dolmanlaw.com/st-petersburg-car-accident-attorneys/

1https://firesportal.com/Pages/Public/QuickStats.aspx

[accidents-attorneys-blog]

How Safe is a Motorcycle?

There are over 558,000 registered motorcycles in Florida.1 People choose a motorcycle over other forms of vehicles because of the low initial cost of a motorcycle, its popular use as a recreational vehicle, and in some cases, for its fuel efficiency.

Even though having a motorcycle seems to have its advantages, it is important to understand that motorcycle fatalities happen very frequently and a motorcycle provides little protection in a crash. An automobile, on the other hand, has more weight than a motorcycle, it has door beams, a roof, and airbags to provide additional protection to the driver and its passengers. The automobile has also other different assistive devices to keep its passengers safe – such as windshield wipers to assist with visibility in the rain and snow. In addition, an automobile has four wheels, instead of two, and it is large and can be easier to see. A motorcycle, on the other hand, lacks all of these characteristics. The motorcycle is smaller, less bulkier, and does not weigh as much as a regular vehicle.

How to Compensate for Motorcycle’s Lower Safety

According to the National Highway Traffic Safety Administration,2 it is recommended that the motorcyclist should attend a motorcycle rider-training course to learn how to safely and skillfully operate a motorcycle so they are more careful and aware at intersections where most motorcycle accidents occur. The National Highway Traffic Safety Administration also warns that motorcyclists should attend a motorcycle rider training programs to learn how to skillfully and safely operate motorcycles and it warns that motorcycle drivers must place a much greater emphasis on defensive driving. The National Highway Traffic Safety Administration also highlights that on average, 25 percent of motorcycle drivers killed in traffic crashes are not licensed or are improperly licensed to operate a motorcycle. The administration points out that by not obtaining a proper motorcycle operator license, riders bypass the only method they and state licensing agencies have to ensure that riders have the knowledge and skill needed to safely and skillfully operate a motorcycle. This should be the first line of defense for motorcycle riders to ensure their own and their passenger’s safety.

Buying the Right Motorcycle

The National Highway Traffic Safety Administration also sets forth some criteria that should be considered when purchasing a motorcycle. For example, the agency recommends that the motorcycle should have certain functional requirements. Motorcycles come with varying degrees of power but people should only buy motorcycles with as much power as they can handle. Large motorcycles tend to be heavy and the rider must be strong enough to push it or pick it up if it falls. Smaller bikes, on the other hand, may not have the speed, performance, and the necessary ride  

if the bike will frequently travel longer distances. The National Highway Traffic Safety Administration also reminds purchasers to consider the bike’s primary uses in order to purchase the most appropriate bike. For example, some bikes are trail bikes and others are highway bikes. Those motorcycles will have individual characteristics that should be used accordingly.

Before Preparing to Ride the Motorcycle

The National Highway Traffic Safety Administration also has other suggestions for a safe operation of a motorcycle. It first warns drivers that the safe operation of a motorcycle “requires different skill and knowledge than is required for a passenger car.” The agency also warns that to ensure the safest rides, riders should first and foremost ride with DOT certified helmets and eye protection. Next, the bike’s owner’s manual should be read thoroughly. A motorcycle rider training course should be attended in order to learn how to operate a motorcycle safely and skillfully. According to the National Highway Safety Administration, these classes “provide unique knowledge and skills that may not be learned if a friend or a relative teaches how to ride the bike.”

Protective Gear

The National Highway Traffic Safety Administration also describes the other types of protective gear, besides the helmet, that should be utilized while riding a motorcycle. In addition to the helmet, eye gear constitutes the second most important protection. The reason being that many motorcycles do not have windshields – the riders must take precautions that their eyes are protected from insects, dirt, rocks and other airborne matter. The National Highway Traffic Safety Administration suggests that good quality goggles should be chosen, glasses with plastic or safety lenses, or a helmet equipped with a face shield. Additionally, the right shoes, gloves, and clothing should be worn to “not only provide comfort against the elements” but also to provide padding between the body and the pavement should a crash occur.

Call a Clearwater Motorcycle Crash Attorney Today

If you are a passenger who has been involved in a motorcycle accident and you are not clear as to what your rights are and how to recover for the injuries you sustained in the accident, please call one of our experienced attorneys today. During our free consultation, we will examine the circumstances of the accident, any other intervening circumstances that led to the accident and what your next steps should be. Please call our Clearwater office of Dolman Law Group at 727-451-6900 for a free consultation today.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/motorcycle-accident-attorneys/

1https://www.statista.com/statistics/191002/number-of-registered-motorcycles-in-the-us-by-state/

2http://www.nhtsa.gov/Driving-Safety/Motorcycles

[accidents-attorneys-blog]

Information about PIP Insurance

PIP is a mandatory part of insurance coverage in Florida.1 PIP stands for personal injury protection and all Florida drivers and vehicle owners are required to have $10,000 of PIP coverage. The PIP benefits are paid by your own insurance company regardless of who is at fault in the accident. In this way, Florida is viewed as a “no-fault” state.

Florida legislators made PIP coverage mandatory to help cut down the time it takes to recover for medical expenses and lost wages. In addition, it helps to ensure that the injured driver can seek treatment without having to worry about payment and whether the at-fault driver was insured.

Fault vs. No Fault Accidents

In a typical car accident, there is a driver who caused the accident and a driver who was hit and injured by the other driver. The driver who was hit would file a lawsuit against the other driver or file a claim with the driver who caused the accident’s insurance company to receive payment for outstanding medical bills, lost wages, and pain and suffering damages. In this, a typical at-fault scenario, the insurance company of the driver that caused the accident accepts liability and pays for the damage done. Florida still follows this method, but the introduction of PIP adds a no-fault element to the above scenario.

In Florida, assuming both drivers have proper insurance coverage, the fault of the parties does not matter to obtain PIP coverage. This means that if you are in an accident caused by someone else, you do not have to file a lawsuit or deal with the other person’s insurance to get payment for the damage done. Instead, you would contact your own insurance company to get coverage for your bills and lost wages. This greatly expedites the process of getting reimbursed and allows injured people to get the treatment they need without having to figure out how to pay for it. Instead, their insurance company pays for their expenses and then goes about getting the other driver’s insurance to pay them back for it, so your insurance rates are not affected.

In addition, PIP coverage allows the driver who caused the accident to recover for their own injuries. In a typical at-fault scenario, the driver who caused the accident would not get any benefits from their auto insurance.

Limits of PIP Coverage

In Florida, every auto policy contains $10,000 of PIP coverage. PIP insurance does not pay for 100% of your medical bills and lost wages, however. Instead, it covers 80% of your medical expenses and 60% of your lost wages, up to the $10,000 threshold. Because of this, even if your damages are relatively minor, you will still have to deal with the other party’s insurance company or file a lawsuit to get your full compensation from the at-fault driver’s insurance.

In addition, the fact that PIP coverage is set at $10,000 in Florida means that those drivers who are more seriously injured will have to seek full reimbursement through other means than their own insurance company. The PIP coverage certainly will help offset some of the outstanding expenses, but usually a lawsuit is necessary to ensure that you are compensated fully for your outstanding medical expenses, lost wages, and pain and suffering. Because of the complexities involved with dealing with your PIP coverage and recovering the amounts not covered by PIP, you should make sure to contact an experienced Florida auto accident personal injury attorney to make sure that you are fully compensated for your injuries.

Contact a Clearwater PIP Accident Attorney Today for a Free Consultation!

If you or a loved one has been involved in an accident, contact a Clearwater, Florida PIP lawyer right away. Florida law allows victims to recover compensation for injuries and other losses that they may experience as a result of a collision. You always want to have an attorney on your side who has a thorough understanding of Florida insurance and personal laws and, at Dolman Law Group, we have the experience needed to successfully handle your case. To schedule a free consultation with one of our lawyers, call our office today at 727-451-6900 or send us an email through our online contact form.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/personal-injury-attorneys/pip/

1http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.021.html

[accidents-attorneys-blog]

Beyond Physical Injuries: Emotional Nursing Home Abuse and Neglect

While nursing homes like Brookdale Senior Living are facilities that are intended to provide care and support for aging adults and others who need daily assistance, the sad reality is that nursing home residents are often subjected to poor treatment and outright abuse. Abuse and neglect of elders can take many different forms, some of which may be much more difficult to spot than others. Undoubtedly, physical abuse such as hitting, punching, restraining, or refusing to provide help to injured residents is a serious issue that can cause injury, emotional abuse can be no less harmful to the mental state of nursing home residents.

What Does Emotional Abuse or Neglect Look Like?

Emotional abuse or neglect can take many different forms and can involve verbal communication or nonverbal conduct. Some of the more common forms of abuse or neglect that nursing home residents are often subjected to include the following:

Isolating a resident from others

Yelling, screaming, or threatening

Blaming the resident for his or her problems

Ignoring the resident

Menacing

Verbal intimidation

Withholding food or water

Ignoring a resident

Name calling

Embarrassing a resident in front of other

Restricting a resident’s access to water, food, medication, or the bathroom

Treating a resident like a child

Signs of Emotional Abuse or Neglect

Statistics regarding nursing home abuse and neglect are notoriously difficult to gather, as residents themselves are often unaware that the abuse is occurring or too embarrassed or scared to report it to loved ones or nursing home management. For this reason, it is absolutely imperative that family members and loved ones of nursing home residents are aware of the signs of emotional neglect and abuse and know what to do if they suspect that abuse is happening. Some of the more common signs of nursing home abuse include the following:

Depression

Anxiety

Fearful behavior

Refusing to speak

Poor self-esteem

Withdrawal from social activities

Mood swings

Infrequent contact with family

Lack of communication

Avoidance of eye contact

If you believe that you loved one has been the victim of emotional abuse, you should report it to the facility’s management right away. In the event that you believe that he or she is in immediate danger, you should contact your local law enforcement agency. Instances of abuse or neglect should also be reported to the state agency responsible for regulating nursing homes in your state. Information about how to report nursing home abuse or neglect in Florida can be found on the Florida Department of Elder Affairs website.1

When Should You Call a Nursing Home Abuse Lawyer?

You should contact an attorney as soon as you suspect that nursing home abuse or neglect has been happening. Nursing home injury claims are subject to Florida’s strict statute of limitations,2 which means that if you wait too long, you or your loved one will not be able to recover. In addition, nursing home staff or administration may take steps to cover up instances of abuse as they could potentially result in significant sanctions including the loss of their license to operate their facility. When you contact an attorney, he or she will start to investigate the case immediately and do everything possible to ensure that evidence critical to your case does not get lost or destroyed.

Importantly, you should call an attorney even if the nursing home has offered to pay you or your loved money to settle the case. In many cases, these initial offers are grossly insufficient and simply represent an attempt to settle the case as quickly, cheaply, and quietly as possible. When you retain an attorney, he or she will thoroughly investigate your claim and the injuries that you or your loved one has sustained. This will give you significant leverage in your negotiating position as well as the ability to go to trial in the event that the nursing home refuses to settle for a reasonable amount.

Call a Clearwater Nursing Home Abuse Attorney Today to Discuss Your Case

If you believe that you or a loved one has been the victim of nursing home abuse or neglect, you should call the Dolman Law Group as soon as you can. Our skilled Clearwater nursing home abuse attorneys understand how to hold nursing homes like Brookdale Senior living and others liable for their wrongful acts that injure their residents. To learn more about how we can help you and to discuss your case with a lawyer, call our office today at 727-451-6900 or send us an email through our online contact form.

Dolman Law Group 800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/nursing-home-abuse-attorneys/

1 www.elderaffairs.state.fl.us/doea/report_abuse.php

2 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

[accidents-attorneys-blog]

Study Shows Elder Abuse Rarely Discovered at Emergency Rooms

The chances of elder abuse being recognized during an emergency room visit are extremely slim, according to a study published in last month’s issue of the Journal of the American Geriatrics Society.

Researchers from the University of North Carolina at Chapel Hill, University of California San Diego and Well Cornell Medicine indicated that elder abuse is identified in only 1 in 7,700 cases involving the aged in emergency department visits. The study focused on emergency room data to estimate the frequency of how often doctors make formal diagnosis of elder abuse.

Data from emergency room (ER) visits of adults of 60 and older, recorded in the 2012 Nationwide Emergency Department Sample or the 2011 National Hospital Ambulatory Medical Care Survey, were examined. The study sample for 2012 encompassed 6.7 million ER visits of older adults representing approximately 29 million visits. Of those, researchers found diagnosis of elder abuse was made in only an estimated 3,846 ER visits.

According to prior research, approximately one older adult out of ten is a victim of elder abuse. The recent research data indicated that only 1 in 7,700 cases of elder abuse is discovered, indicating that most cases are not recognized or reported.

“The proportion of U.S. emergency department visits by older adults receiving a diagnosis of elder abuse is at least two orders of magnitude lower than the estimated prevalence in the population,” the study authors wrote. “Efforts to improve the identification of elder abuse may be warranted.”

Neglect was the most common type of abuse diagnosed, accounting for 33% of cases, followed closely behind by physical abuse, which accounted for 32%. The most likely to be abused were women who experienced contusion, urinary tract infection and sepsis.

Victims of elder abuse will often depend on ER care only in the case of emergency, rather than depend on the care of primary care doctors. Older adults account for more than 23 million ER visits made each year, which means that most of the abused go unrecognized by the healthcare staff.

Know the Signs of Elder Abuse

Some of the signs of elder abuse include physical injuries such as broken bones, bruising and cuts as well as anxiety, emotional distress, withdrawal, sudden changes in financial situations, bedsores, poor hygiene and weight loss. In addition, physical frailty and cognitive impairments make the elderly more vulnerable and less likely to report abuse.

Injuries such as bruises can appear to be from a fall rather than abuse making it difficult for ER personnel to determine the true cause.

Anyone who has an older loved one in an assisted living facility or receives in home care, should remain vigilant for any signs of elder abuse. Any suspected cases should be reported to the local licensing and district offices. A complaint supported by your documentation will trigger an investigation. You should, at this point retain the services of an experienced elder abuse attorney. The attorney may suggest that you hire your own investigator as well. In the

case that no abuse is found by the initial investigation you have the right to appeal. Your attorney will help you through the complicated appeals process.

If elder abuse is discovered to have occurred, it is important that you pursue legal action on behalf of your loved one. All citizens have equal civil rights regardless of their age. Elder abusers must be held accountable for their actions. Elder abuse happens with unacceptable frequency and it is the duty of everyone to bring an end to it.

Dolman Law Group is committed to stop the abuse of our older citizens. If you believe a loved one is the victim of elder abuse call Dolman Law Group today at 727-451-6900, to arrange a free consultation.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765(727) 451-6900

https://www.dolmanlaw.com/legal-services/assisted-living-abuse-attorney/

[accidents-attorneys-blog]

Reasons You Should Not Trust 411-PAIN

After you are injured in an auto accident, you likely know that you should call 911 to make sure the proper authorities and emergency medical personnel come to the scene of the accident. However, following that call, you may likely be concerned about the cost of your injuries and treatment and you might not know where to turn. Suddenly, your brain remembers familiar advice from television commercials - after calling 911, you should then call 411. This is referring to the 411-PAIN hotline that purports to help car accidents victims receive the medical care they need and up to $10,000 in compensation for their injuries. Since many victims do not know any personal injury lawyers off the tops of their heads, it may seem simple to pick up the phone and call.

The unfortunate truth is that many people do not receive favorable results from calling 411-PAIN, 1-800-ASK- GARY, and similar lawyer and medical referral services and others may actually end up in a worse position than they were just after the accident. In fact, many insurance advocates and even the Florida Bar have criticized these services and tried to restrict them.1 The following are only some of the many reasons why you should be skeptical of such referral services.

The Person You Talk to Likely Does Not Know the Law

The person who was hired to answer the phone certainly does not have a law degree and likely does not have any legal education or experience at all. This person will try to give you advice on the best way to proceed to receive compensation for your injuries, yet they may have little to no knowledge of your legal rights in that situation.

The $10,000 Promise is Not Arbitrary

These services choose the figure $10,000 based on the maximum benefits most people can get from their Personal Injury Protection (PIP) insurance policies, which are required by Florida law.2 However, they fail to address that every case is different and the compensation you will need may be much less or much more than that $10,000 figure that is advertised.

They have Their Own Network of Doctors

At first, having a network of medical professional at their disposal may seem like a good thing, especially if you do not have a primary physician of your own or do not know where to turn for specialized treatment of your injuries. However, the doctor who provides the specific type of treatment you need may not be in the network. For example, if you need surgery and they send you to an in-network chiropractor instead, your recovery may take significantly longer and may cost more.

Their Personal Injury Lawyers want You to File a Lawsuit

Many car accident victims are able to settle their cases without filing a legal claim. However, when 411-PAIN connects you with an attorney, they may push you to file a lawsuit. If you win a lawsuit, the attorney gets a portion of your settlement as a fee, but it will also generally drag out your case and your recovery may be significantly less than if you had pursued compensation through your insurance instead of filing an unnecessary claim.

Instead of 411-PAIN, Call a Knowledgeable and Trustworthy Auto Accident Law Firm

While promises of an easy $10,000 in your pocket may make it tempting to call referral programs such as 411-PAIN, like so many other things in life, you will likely find the promise is too good to be true. Instead of taking the risk of wasting your time and money on a large-scale referral system run by non-lawyers and repeatedly criticized by the Florida Bar, you should contact a skilled attorney who is committed to protecting the best interests of car accident victims.

At Dolman Law Group, consultations are always free and we do not collect any fees unless you get a favorable result in your claim. We will never push you into medical treatment you do not want or need and will always stand up for your rights to recovery. Please call our St. Petersburg car accident injury lawyers today at 727-222-6922 or fill out our online form for help today.

Dolman Law Group

1663 1St Ave S.

St. Petersburg, FL 33712

(727) 222-6922

https://www.dolmanlaw.com/st-petersburg-car-accident-attorneys/

1http://www.orlandoweekly.com/orlando/florida-bar-sets-its-sights-on-1-800-ask-gary-411-PAIN-and-other-lawyer-referral-services/Content?oid=2241725

2http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

[accidents-attorneys-blog]

Why Nursing Home Abuse often goes Unreported

According to the National Center for Elder Abuse (NCEA), elder abuse is likely a much bigger problem than anyone knows. This is because most cases of elder abuse go unreported and are possibly never detected. It is heartbreaking to know that residents of facilities like Brookdale Senior Living are suffering abuse or mistreatment in silence in the last years of their lives. The following are only some reasons why such elder abuse goes unreported so frequently:

Family members do not visit - A surprising number of nursing home residents do not have regular visits from family members. Family may have moved away or simply may neglect to make time to visit the resident. If they never see family members, they may not believe there is anyone they can trust to help stand up for them or anyone who will care.

Fear of what may happen - Often, when abuse is reported, a resident may be relocated to another facility immediately. This may mean losing contact with friends they have made and losing their routines. In addition, they may fear that the treatment at the new facility will be worse than the treatment they are currently suffering.

Threats or intimidation - In too many cases, a staff member who abuses a resident may threaten retaliation if the resident tells anyone about the abuse. In other instances, overt threats may not even need to be made, as residents may fear retaliation on their own and so they choose to keep quiet about what has happened.

Feelings of shame - Many instances of abuse can cause substantial feelings of shame in victims. This is especially true when abuse makes an adult feel weak because they are not able to defend themselves or in cases of sexual abuse. This shame alone can often be enough for a nursing home abuse victim to not report the abuse to anyone.

Lack of understanding of the abuse - Many nursing home abuse victims have dementia or other mental conditions. These conditions can make them more vulnerable and therefore easier targets for abusers. An abused resident with cognitive conditions may not fully realize that they have been abused but will still feel pain and may have the feeling that something bad has happened to them. However, they will not be in the mental state to know how to express what has happened or report it.

Not knowing how to report abuse - Many neglected or abused nursing home residents may think there is a special procedure for reporting mistreatment. They may not know who to trust in the nursing home and may not be aware that they can tell managers or family members.

These are only some of the reasons why abuse or neglect victims may not report or may be reluctant to report their mistreatment. For this reason, it is essential that you visit your loved ones in nursing homes often and let them know they can trust you. Ask frequent questions about their experience in the nursing home and about how they get along with the staff. Be on watch for any unexplained wounds or behavioral changes that may indicate abuse. Because chances are likely that your loved one may not report abuse on their own, you play an important role in their lives to ensure they are receiving the treatment they need and deserve.

Call Our Compassionate Nursing Home Abuse Attorneys for Help Today

It is always distressing to know that your loved one has been suffering, especially if they have been suffering in silence for some time. Once you find out that any type of abuse or neglect has occurred at Brookdale Senior centers or anywhere else, you likely will want to take immediate action to both safeguard your loved one and obtain justice for their suffering.

You can trust that our nursing home abuse attorneys at the Dolman Law Group in Clearwater, Florida are here to help you. We work to hold facilities like Brookdale accountable for any harm they have caused, so please call today for a free consultation at 727-451-6900.

Dolman Law Group 800 North Belcher RoadClearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/legal-services/nursing-home-abuse-attorneys/

https://www.dolmanlaw.com/legal-services/assisted-living-abuse-attorney/

[accidents-attorneys-blog]

I Was Attacked by A Dog. What Legal Resources Do I Have?

Dogs are beloved pets for many Floridians. Long called “man’s best friend,” dogs are most commonly known to be caring, loving, and docile. Sometimes, a dog’s behavior can turn aggressive and an individual can end up being bitten or attacked. According to the Center for Disease Control (CDC), approximately 4.5 million Americans are victims of dog bites each year.1 Additionally, approximately one in 5 bites result in the victim having to seek medical attention for the injury.

Under Florida law, a victim of a dog bite may be able to recover damages.2 In order to recover damages, the victim must bring forth a cause of action under a theory of either negligence, negligence per se, or scienter. If the victim is successful in demonstrating that he or she was a victim of a dog bite under one of the aforementioned theories of liability, he or she may be able to receive compensation for losses as well as potentially additional damages. These damages may include:

Medical Expenses;

Pain and Suffering;

Emotional Distress; and

Lost wages

Negligence

An owner may be liable for a dog bite under a theory of negligence even if he or she was not aware of the dog’s propensity for viciousness. This is true whether or not the victim was bitten in a public place or at the private dwelling of the owner. Under this theory, a dog owner can be negligent simply for failing to exercise effective control of a dog that would be similar to that of a reasonably prudent person. For example, an owner who leaves his dog untethered, even in his own backyard, would be considered negligent if the dog leaves the property and bites a victim.

Negligence Per Se

An owner can also be liable for a dog bite that occurs as a result of a violation of a law enacted for people’s safety. This is known as negligence per se. For example, an owner may violate Florida’s leash law while walking his or her dog in public. At that time, the dog escapes and bites a bystander that tries to pet it. Here, the owner has violated a law designed to keep others safe, and the victim may be able to bring forth a cause of action for damages as a result.

In these instances, it is important to remember that state laws are not the only applicable laws. Instead, different municipalities may enact stricter laws relating to the handling of dogs within the community. An owner’s failure to abide by these municipal codes is sufficient to establish negligence per se.

Scienter

Scienter is a theory of liability that is more commonly referred to in dog-bite cases as “One Bite

Rule.” Under this theory of liability, a victim must demonstrate two elements in order to recover. The victim must show that the dog had previously bitten or attempted to bite another person as well as the fact that the dog’s owner was aware of such conduct. Failure to demonstrate both elements will bar the victim from recovering under this theory of liability. The owner may still be able to recover under a different theory.

Potential Roadblocks to a Victim’s Recovery

It is not a guarantee that an individual will recover damages as a result of being a victim of a dog bite. Many states, including Florida, have different laws that protect owners from absolute liability in dog bite cases.

One of the best-known protections for dogs owners is more commonly referred to as the “Bad Dog” exception. Florida law establishes that an owner may be exempt from liability for a dog bite if the bite occurs on the dog owner’s property and, at the time of the bite, easily readable signs warning of a dog--whether displaying, as an example, “Bad Dog” or “Beware of Dog”--are prominently displayed on the owner’s property. Such signage should have given the victim reasonable notice of the risk of the bite. This is, however, not a complete safeguard as the owner will still be deemed liable if the victim is too young to read the signage.

Non-Bite Injuries

It is important to highlight that Florida law also establishes an ability for a victim to recover for non-bite injuries. Specifically, Florida allows for recovery of “any damages,” including to damage to livestock.3

Contact the Dolman Law Group to Discuss Your Personal Injury Case Today

A dog’s ability to become dangerous and bite at a moment’s notice should not overshadow their lovable nature. Instead, victims of dog bites and attacks should seek to recover the damages to which they are lawfully entitled. At the Dolman Law Group in St. Petersburg, Florida, we will thoroughly investigate your case to ensure you fully recover financially. Call us today at 727-222-6922 for a free consultation.

Dolman Law Group

1663 1St Ave S.

St. Petersburg, FL 33712

(727) 222-6922

https://www.dolmanlaw.com/legal-services/dog-bites-ptsd-attorneys/

1http://www.cdc.gov/features/dog-bite-prevention/

2http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0767/Sections/0767.04.html

3http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=767.01&URL=0700-0799/0767/Sections/0767.01.html

[accidents-attorneys-blog]

How Cargo Loading Can Lead to Truck Accidents

The key purpose of large commercial trucks is to carry goods across the country. However, carrying large, heavy loads of cargo can also be dangerous if the cargo is not loaded into the truck properly. The following are some of the ways that cargo loading can lead to truck accidents and injuries.

Improper Securement of Cargo

Cargo carried by a large commercial truck can come in all shapes and sizes, from furniture to foodstuffs, to clothing, and more. No matter what the shape and size of the cargo, however, it must be properly secured inside the trailer. If cargo is not secure, it can easily shift inside the trailer when the truck switches lanes or takes a turn. If a significant amount of cargo suddenly shifts, it can cause the trailer to be thrown off balance. An off-balance trailer can sway into other lanes and can make the truck incredibly difficult to control. Many truck drivers may lose their control over the truck in this scenario, which often results in serious collisions. There are two main types of crashes that result from shifting cargo, which include:

Rollover - If heavy cargo shifts, it can tip the trailer over onto its side. This often results in a cargo spill, which can cause additional crashes if cargo is in the path of traffic.

Jackknife - Shifting cargo can also cause a trailer to sway on the coupling and, if the trailer swings out perpendicular to the cab or tractor, it is called a jackknife accident. Jackknifed trailers can take out vehicles in its path and can make it very difficult for the driver to stop the truck.

Proper cargo securement is so important that the Federal Motor Carrier Safety Administration (FMCSA) has specific rules and regulations1 requiring certain types of securement systems for certain types of cargo. Tiedowns, anchor points, and other tools can be used to keep cargo from shifting mid-trip and leading to a serious crash. The FMCSA also provides a cargo securement handbook2 for drivers to use. If a driver or cargo-loading company fails to properly secure cargo in a trailer, they should be held responsible for their negligence and should have to compensate any accident victims who were injured as a result.

Overloading

When a truck is overloaded, it can exceed the safe weight limits3 for the size of the truck and the number of axles. When a truck is overloaded, it can become very difficult to slow down or stop the truck, especially if a driver has to do so quickly to avoid a hazard or collision.

Underloading

Underloading is mostly a risk when it comes to tanker trucks, which transport liquids. When a tank is not filled up enough, the liquid can splash and slosh around, which can cause the trailer to come off balance and can result in a rollover or another type of collision.

Many different factors can cause truck accidents, many of which cannot be immediately identified by someone who is not familiar with the trucking industry, risks, and requirements. Determining that cargo was not loaded into a truck’s trailer properly can require investigation and analysis by a trucking industry and accident expert. In addition, after an accident, if the truck is able to continue on to its destination, the cargo will likely be dropped off, erasing much of the evidence that the cargo was the cause of the crash. However, this does not mean that you lose your right to recover for your accident-related losses. It is simply imperative to have a law firm handling your case with the resources needed to fully investigate the cause of the crash in order to gather evidence of the cargo-loading errors.

Contact an Experienced Florida Truck Accident Lawyer for a Free Consultation

At the Dolman Law Group, our team of skilled truck accident attorneys has helped many clients obtain full compensation for their losses from trucking companies and other related parties. We have the ability to handle cases involving accidents caused by driver error, trucking company negligence, negligent cargo-loading, improper maintenance, and much more. If you suffered serious injuries in any type of accident with a large commercial truck, please call our office at 727-451-6900 to discuss your case today.

Dolman Law Group800 North Belcher RoadClearwater, FL 33765727-451-6900

https://www.dolmanlaw.com/legal-services/truck-accident-attorneys/

1https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules

2https://www.fmcsa.dot.gov/regulations/cargo-securement/drivers-handbook-cargo-securement

3http://ops.fhwa.dot.gov/Freight/sw/overview/index.htm