Tag: car accident attorney
Impaired Drivers: Alcohol, Illegal Drugs, Prescription Drugs & Marijuana
The risk of getting into an accident is high enough. But the number of people driving on various substances doesn’t help. “In 2013-2014 20% of weekend nighttime drivers tested positive for drugs …” National Highway Traffic Safety Administration – February 2015 One national study with a database of over 40 […]
How To Avoid An Insurance Low Ball
A low ball happens when insurance companies offer much less than cases are worth. Courts document low balls and find them in cases where liability is either clear or highly likely. Here’s the dictionary definition of a lowball: “Low ball: to trick or deceive … to give a markedly or […]
Vicarious Liability – Responsibility Flows Up
Vicarious liability is a legal theory holding one party responsible for the negligence of another. An employee drives a company vehicle, causing an accident. Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists. If so, the master faces responsibility for the servant’s […]
Can Private Facebook And Other Social Media Posts Be Ordered Open If I’m In A Personal Injury Claim or Lawsuit?
You have a personal injury case. You’re claiming the injuries prevent you from enjoying many of your pre accident activities. The insurance company asks you about those pictures of you running on the beach on vacation. The picture of you dancing at a party. Insurance companies monitor Facebook, MySpace […]
How Do You Prove Lost Wages After an Accident?
Recovering lost wages after an accident or injury is not always simple. Sure, if the person injured had regular wages for a period of time before the accident, getting lost wage verification might be all that’s required. But, what about the self-employed, or those who just started a new business […]
Texting and Driving: Deadly Combination with Legal Consequences
Like never before people communicate by text. Widespread wireless service expansion and increasingly affordable smart phones bring texting into the hands of nearly everyone. But when texting moves into the driver’s seat of a motor vehicle the distraction is disastrous. Pedestrians face their own dangers. The U.S Consumer Product Safety […]
Comparative Fault: Contributory Negligence & Apportioning Liability
Comparative fault law allows apportionment of negligence among multiple parties who may share liability for one injury. Suppose a pedestrian runs across the street. A car runs a red light, striking a second car which, while going through a green light, is speeding. The impact pushes the speeder into the pedestrian, who is pushed into a […]
Supplemental Needs Trust & Personal Injury
Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is finalized, an attorney drafts this trust to hold and disburse settlement proceeds and potentially other property for the benefit of the person receiving the settlement. Certain benefits are needs-based, […]
DRAM SHOP LAW – Injuries & Negligent Service of Liquor
Dram shop law seeks to hold a bar or other business liable when they over serve a drinker who later causes injury to themself or to someone else due to intoxication. The term dram shop came from old England, where a dram shop was a tavern serving spirits in small […]
SOCIAL HOST LIABILITY – PERSONAL INJURY
Social host liability law holds people accountable where they serve house guests liquor to the point of intoxication. Hosts can be held liable to those injured by an intoxicated guest or, under limited circumstances, for injuries to the intoxicated guest. Social Host Liability to Guest Courts impose a heavy […]
