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Injured In An Accident Involving A Semi Truck? Your Lawyer Can Help Prove That Driver Fatigue Played A Role

Posted by on Nov 13, 2014 in Uncategorized | 0 comments

Have you been in an automobile accident involving a semi truck? Do you suspect that the driver of the truck was fatigued at the time of your accident? While there aren’t any tests than can be administered to determine a driver’s level of exhaustion, there are some things your lawyer can do to help solidify your claim. Read on to learn how your auto accident attorney can help prove that the semi truck driver who hit your vehicle was over-tired ( and therefor negligent) at the time of the collision. The “Black Box” You’ve heard of the black boxes on airplanes that record the moments before a collision, but you probably didn’t know that semi trucks have them too. The “black box” in a semi truck is an event data recorder (EDR) and it could hold crucial evidence concerning the state of alertness of the truck driver at the time of your collision. The truck’s EDR will have recorded the speed of the truck at the time of the accident, as well as whether or not the brakes were slammed or the clutch was engaged. If the driver never slowed down before the collision, or even tried to brake, it’s a good indication that he or she was asleep at the wheel. Log Books In accordance with regulations set forth by the Federal Motor Carrier Safety Administration, semi truck drivers may not work more than 11 hours a day or more than 70 hours per week. They also must take a 30 minute break at some point within the first 8 hours of their workday. All drivers must keep an up-to-date log book in their truck to keep track of their work hours, and they must be ready to present this log book to officials upon request.  If the log book of the truck driver you were involved in a collision with shows that they didn’t abide by these regulations, your lawyer could use it as evidence that he or she was fatigued at the time of the collision. Cell Phone Records And Credit Card Receipts Your lawyer can also obtain the truck driver’s credit card receipts to help determine the accuracy of the driver’s log book. Even the smallest discrepancy between a receipt and the log book could indicate that the driver has been negligent in keeping track of their time worked. For example, if the driver claims in their log book that they were driving at 3 p.m., yet there’s a credit card receipt showing that they paid for a meal at that exact time, then this shows that it’s in the driver’s character to not obey the rules. As more states enact laws against the use of cellphones while driving, cellphone records can also be used in this fashion. Medical History Even if the truck driver’s log book shows that they took their mandatory breaks and kept their driving hours within legal limits, this doesn’t mean that they weren’t fatigued at the time of your collision. Certain medical conditions can cause the effects of fatigue to be compounded. Sleep apnea, for example, is a condition in which a person’s sleep is repeatedly interrupted by their breathing patterns at night, leaving them unrested and tired during the day. Remarkably, sleep apnea affects 28 – 30 percent of...

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Things Not To Do While Waiting To Be Approved For Your Social Security Disability Claim

Posted by on Oct 29, 2014 in Uncategorized | 0 comments

If you have been injured seriously enough that you have applied to receive social security disability benefits, the wait for a final decision can be difficult. While you are waiting, there are certain things that you may not want to do that could cause you to receive a denial. Working Before Approval It would be best if you do not work while you are waiting for an initial decision. And although the temptation may be strong to work part-time while waiting for your claim to go through, you may want to avoid doing so during this period. It could be argued that since you are able to work even a small amount, you do not really need the benefits. Once you have been approved, however, you should be able to go back to work on a limited basis. During the first nine months, referred to as the Trial Work Period, you will be able to make a maximum of $770 per month. After that, you will be allowed make $1,070 per month during the Extended Period of Eligibility. Both of these can be done without losing any of your benefits. Going To School Just like working during the waiting period, going to school could count against you while you are trying to prove your disability. The committee could state that you are well enough to attend classes. Therefore, they could decide that you are not as disabled as you claim to be. Once you have started receiving benefits, you may be able to start going to school again. If you do, you will want to limit your course load per semester in order to keep from losing your benefits. Moving Without Letting The Government Know If you need to move while your disability claim is being processed, it is important that you let the government know your new address. You can either inform them yourself or have your attorney do it for you, if you have one. Not giving the Social Security Administration your new address could negatively impact your decision in two ways. First, it may show them that you are not fully disclosing all information to them. Full disclosure and cooperation is a major key in being approved for your benefits. Second, you may miss an important letter from the SSA that requires you to contact them or attend a hearing. For example, if they need a copy of your latest medical records by a certain date they may send a letter. If they send it to your old address, you may miss that deadline because it was delivered to the old address or forwarded to you after it was too late. This could be viewed as noncompliance in their eyes. If the records are not received, they may deny your claim by default. Refusing To Go To Prescribed Treatments Once a doctor has stated that you are disabled, they may prescribe treatments such as physical therapy. It is important that you attend as many sessions as possible, especially while waiting for your benefits decision. If your records show that you are not going to therapy, the committee may feel that you are noncompliant with your treatment and are not trying to get better. They may also decide that you are not injured as much as you say...

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Begin Your Personal Injury Claim Immediately

Posted by on Feb 12, 2014 in Uncategorized |

After suffering a moderate or serious injury, you should visit the doctor to determine what further medical treatments you might need. You should also think about the series of events that lead to you being injured in the first place. Was the injury your own fault or was it the fault of someone else. If someone else caused your injury, they might be liable for your medical bills, loss of income, pain and suffering, court costs and various other expenses. Even if you believe that your clumsiness lead to your injury, there may have been something wrong with the premises that lead to your injury. When property is used in the manner in which it was intended, the property owner is responsible for any damages that occur as a result and you should get in contact with a personal injury attorney of San Diego. Write down the events that occurred during the accident. This narration should only be given to your personal injury attorney in San Diego because anything you say could potentially be used against you. Try to determine the grounds for the lawsuit with your personal injury attorney. Make sure to consider whether you would like to press charges because you forfeit your right to do so if you accept a settlement. A personal injury claim will often require a lot of evidence. This includes witnesses that saw the accident, photographs of the injury or of the accident itself, medical bills, medical records, evidence of wages and testimony from the defendant. Those who will have a lawsuit filed against them need to be notified. If you file your claim more quickly and let the defendant know that you have a claim, you will be able to resolve the case possibly under a shorter time frame. After giving notice that you intend to file a lawsuit, you are not required to file the lawsuit and can choose to drop the case. However, it is best to do this after consulting with a personal injury attorney. There is a statute of limitations in every state regarding how long you can wait before you can file a lawsuit for an injury. After the statute of limitations has run out, you can no longer file a lawsuit. File the lawsuit within a year for private lawsuits and within 60 day if you are filing a lawsuit against a government employee. The time limit begins on the day that the injury occurred. Even if you still have time to file a lawsuit, you should not wait too long because time has a way of making evidence disappear. Witnesses become more forgetful and physical evidence of the damages can fade with time. This can lead to the personal injury case not being very strong. When working with your personal injury attorney, be sure to be completely honest so that the attorney will be able to build an effective case. Personal injury claim are primarily based on negligence theory. This is based on the ideal that the defendant owes a duty of care to a victim and that the duty of care was breached. As a result, the plaintiff suffers damages and the defendant is responsible for taking the steps necessary to make the plaintiff whole. A second consideration is whether the plaintiff is...

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