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Injury Law Alert - Summer 2010 Issue • page 2

Hemmings & Stevens, PLLC Law Firm of Raleigh, NC

 

The trucking company claimed that the accident was not its fault. It pointed to the fact that when the weight fell off, the truck driver was going 30 miles an hour in a 55-mile-an-hour zone, and it blamed the accident on a fault in the road that caused the load to become unbalanced and fall off.

It was discovered that the 21-year-old truck driver did not have the license that federal law requires to drive the truck, and the trucking company admitted that it had no procedure to train its drivers in securing loads. Further checking showed that the heavy load was secured by only two chains instead of the four chains required by federal law. Finally, an expert could find no defect in the road.

Rather than allow the victim's family to argue that the trucking company's driver was negligent and that the trucking company had tried to falsify its records to hide the driver's lack of qualifications, the company settled on the eve of trial. The family will divvy up a $16 million settlement.

Lack of Planning

We have all heard the phrase "accidents happen." This might be true some of the time, but, more often than not, accidents can be prevented by foresight and planning. A recent case illustrates this point.

A company was using four cranes to move a 1,200-ton load. While the load was being moved, it slipped, sending the boom of one crane into the cab of another. That crane's operator was pinned in the cab for more than two hours and, once freed, he bled to death on the way to the hospital.

The evidence showed that the crane operator's death was the product of a series of preventable mistakes. The ground over which the cranes were driving was muddy, causing them to slip. The company did not hire a professional to do a lift plan (relying instead on an inexperienced employee), nor did it remove obstructions in the cranes' paths. Because the obstructions were not removed, the cranes had to change the angles of their booms.

The employee who did the calculations did not know that changing the booms' angles would change the load that the cranes could carry. As a result, the cranes had to bear more than their capacities. The evidence also showed that the company "lost" a video that had been taken of the incident.

All of these mistakes caused the crane operator's death. The death cost a family its husband and father, and the company $11 million. A little planning and common sense could have prevented all of this.

BREAKDOWN SAFETY TIPS

Most of us at some point will have to deal with a car that has broken down. Whether the problem is a simple flat tire or something more serious, here are some safety tips for handling a breakdown:

If you notice a problem with your car while driving, REMAIN CALM. Keeping a level head is the most important thing in any emergency.

Be sure to steer to a safe spot before stopping. Park the car as far from the flow of traffic as you can before getting out to check on the problem.

If you cannot fix the problem, it is usually safer to stay with your car than to set out on foot, especially in an area you are not familiar with. Use a cell phone to call for help or wait for the police to come by.

Carry flares and reflectors to mark your location on the side of the road, and be sure to turn on your car's hazard lights any time you stop beside a roadway.

If the problem is something you can repair, move to a safe place before trying to fix it. The cost of replacing a flat tire or even your wheel rim is minor, especially when compared to the cost of a serious injury.

If you have to drive in severe weather or in a remote area, consider putting together an emergency kit. Items such as a blanket, nonperishable food, and water can make all the difference if you break down far from help.

DON'T DO IT YOURSELF

Although many of us enjoy being handy around the house, there is one time when it does not pay to "do it yourself" - when you or a loved one has been injured. Rather than trying to handle a personal injury claim yourself, you should seek the assistance of a personal injury lawyer for several reasons:

EXPERIENCE: By hiring a personal injury lawyer, you can take advantage of the lawyer's experience. This experience helps evaluate your case and helps determine what you are legally entitled to recover.

LEVEL PLAYING FIELD: You can be sure that the wrongdoer's insurance company is going to have experienced adjustors and lawyers working against you. Often, an insurance company will delay settling claims and even deny valid claims altogether. Even when it does offer to settle the case, the settlement offer may be unfairly low. It pays to have a lawyer on your side to prevent the wrongdoer from paying you less than you deserve.

PAY ONLY IF YOU WIN: Most personal injury lawyers work for what is called a "contingent fee," which does not require money up front. Contingent fees allow injured persons with valid claims but little money to get good legal representation. Most contingent fee agreements provide that you have to pay the lawyer's fee only if you win.

OTHER ISSUES: Your lawyer can also help you with other matters, such as providing referrals to competent doctors and repair shops.

CONCLUSION

Notice:

We help injured persons seeking compensation for their injuries. We represent individuals and small businesses with insurance claims that have been denied or other contract disputes.  We DO NOT represent insurance companies or big business.

 

   
Hemmings & Stevens PLLC Law Firm Hemmings & Stevens PLLC
5613 Duraleigh Road
Suite 111
Raleigh, NC 27612
(919) 277-0161