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Evidence in a Commercial Truck Accident Case

If you have been in an accident with a commercial truck, you should know what evidence is going to help you win your personal injury case. Evidence can vary by state so it is important to know what is going to be considered evidence where you live.

Log Books

The first thing that is going to be inspected after a commercial truck is involved in an accident is the log books. Log books are supposed to be maintained to include number of hours on the road, miles at a time, and number of hours that are spent sleeping or resting. These records are important because they ensure that drivers are not driving when they are tired or fatigued.

Witnesses

If you are involved in an accident with a commercial truck, make sure that you get the names and contact information for any witnesses if you are able to. These can come in handy in the future.

Medical Professionals

Medical professionals could also be called to testify. They might be asked questions about the injuries that you sustained and how these injuries could impair your ability to perform.

CALL JOHN MOONEY TODAY!

John is South Florida’s leading injury lawyer for car accident, truck accident, dog bite, and slip and fall personal injury cases.

With our proven record of success, our personal injury attorneys represent the very best in the personal injury industry. Call (954) 449-2671 today to get John on the case!

Data Recorders

Many trucks have on board cameras or another type of data recorder. These devices can be used to see if the driver was involved in dangerous activities before the accident occurred. These can show if the driver was being overly aggressive or if they were involved in other activities that could impair their judgement or behavior.

Hit and Run – Do I Have a Case?

Anytime there are injuries resulting from a hit and run accident, it is best to get the advice and assistance of an experienced accident attorney. We understand being the victim of a hit and run accident is traumatic. It may comfort you to know, when the person causing the crash leaves the scene of the accident and does not stop to render aid or take responsibility, and does not report the accident immediately to local law enforcement, you may have a case. You are entitled to damages that compensate medical expenses, pain and suffering, lost wages, etc. These types of damages must be proportionate to the harm caused. Your personal injury lawyer will handle these intricacies.

What Should I Do?

If the running driver cannot be found through witness identification of their license plate, video evidence from the scene, or by turning themselves in, there is no way to hold them accountable. In this case, accident victims with Uninsured Motorist coverage may still be able to make a claim under their own insurance policy; we always recommend purchasing Uninsured Motorist coverage, as 1 of 4 drivers in Florida have no Bodily Injury coverage available. Again, it is best to retain a personal injury lawyer to help you properly handle these important details!

CALL JOHN MOONEY TODAY!

John is South Florida’s leading injury lawyer for car accident, truck accident, dog bite, and slip and fall personal injury cases.

With our proven record of success, our personal injury attorneys represent the very best in the personal injury industry. Call (954) 449-2671 today to get John on the case!

Your accident attorney will need all the details from the scene, as well as other pertinent information. Here are a few things you can do to be prepared:

  • Remain at the scene and call 911 immediately
  • Gather as much information as possible. If you have any identifying information regarding the vehicle or driver that left the scene, give it to the police immediately over the phone
  • It is critical to get names and contact information for all witnesses. In a hit and run accident, witnesses are vitally important.
  • Take pictures of the scene and your vehicle.

http://www.alllaw.com/articles/nolo/auto-accident/liability-Icompensation-hit-run.html

http://www.hannonboyers.com/hit-and-run-accidents.html

http://www.meldonlaw.com/faqs/victim-of-a-hit-and-run-accident-what-do-i-do-local-accident-attorney-gives-advice.cfm

https://www.richardhornsby.com/crimes/traffic/leaving-the-scene-of-an-accident.html

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How can I prove fault in a slip and fall case? Learn more now!

Proving fault in a Florida slip and fall case can be complicated. An injured person may be up against legal representations from large companies that have vast resources. I urge you to strongly consider seeking the help of an accident attorney or a personal injury lawyer. (Florida slip and fall attorneys practice Florida personal injury law.) They have experience in these cases; often it’s necessary to have an experienced personal injury lawyer at your side when you are trying to, “build evidence of the premises’ owner’s actual or constructive knowledge of the dangerous condition and their failure to take action to fix it.”

When you make the smart choice to retain legal representation, you still have a responsibility at the time of the accident to obtain necessary details. Immediately contact the manager on duty and document the fall with an incident report with the following information:

IMPORTANT INFORMATION FOR THE INCIDENT REPORT

  • Take pictures of any foreign substance, hole and/or dangerous conditions.
  • Name, address and contact information for the injured victim, as well as any witnesses
  • The date, time and place of the incident
  • A brief description of the fall and any injuries sustained at that time
  • It is important in proving fault to obtain pertinent information for your accident attorney, as they will likely requisition witness statements from other customers and store as well as store records of maintenance, past repairs and surveillance video from the store.

CALL JOHN MOONEY TODAY!

John is South Florida’s leading injury lawyer for car accident, truck accident, dog bite, and slip and fall personal injury cases.

With our proven record of success, our personal injury attorneys represent the very best in the personal injury industry. Call (954) 449-2671 today to get John on the case!

Additionally, it is your responsibility in the event of injury to seek appropriate medical help the day of the injury and other necessary supplemental care. Your personal injury lawyer will requisition information including witness statements from emergency medical technicians and paramedics, EMS records, and doctor’s reports.

These items can become very complicated in a Florida slip and fall case. If you have been injured, an experienced Florida accident attorney can help you decide if you have a case and present the best proof to the insurance companies and claim representatives.

Attacked at Work, What Are My Rights?

Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.

For example, will the attack result in disciplinary action? Who will get blamed: just one of the people in the fight or both? Who should be liable for any injuries or damages? Should the employer have provided better security, a background check, or done something else to prevent the attack?

Discipline

One of the most complicated issues arising from an attack at work is whether any sort of discipline will flow from the incident. Unfortunately, all too often, the person who has been attacked is disciplined right along with the attacker. This is particularly true if the attacker is a customer or client, in which case the employer often dismisses the employee in an effort to mitigate possible liability.

Unfortunately, the legal issues involved with discipline or termination following a fight can be very convoluted and vary widely from one jurisdiction to another. Employees in unionized workplaces should immediately contact their union representatives. Those in non-union workplaces may face a more untenable situation, in that they might be disciplined or terminated whether the fight was their fault or not. In “right to work” states, employees can be terminated for any reason or no reason at all. As a result, many employers will let go of workers involved in a fight, whether they were they threw the first punch or not.

Even if termination is not the concern, other forms of discipline can also be problematic. In many cases, blame for the fight will be distributed among the involved parties. Absent something clearly one-sided, like a sexual assault or the irrational lashing out of a mentally unstable worker, most employers will likely attribute some of the blame for the fight to both the attacker and the other person as a possible instigator.

CALL JOHN MOONEY TODAY!

John is South Florida’s leading injury lawyer for car accident, truck accident, dog bite, and slip and fall personal injury cases.

With our proven record of success, our personal injury attorneys represent the very best in the personal injury industry. Call (954) 449-2671 today to get John on the case!

Liability

Of course, issues of liability also exist when it comes to a fight at work. Obviously, the person who instigated the attack would have direct liability for the battery. Battery is any unwelcome touching, and the damages resulting from that battery (including medical expenses for injuries suffered, lost wages due to missed work, property damage, etc.) form the basis of any financial award. Additionally, the attacker could face criminal charges for the battery, as well. If the attack has a sexual element, it might become rape or sexual battery, which could carry a heavier criminal sentence and an increased monetary award for physical injuries and psychological harm.

However, beyond the actual attacker, there is also a possibility for liability among other entities. The employer itself is the most obvious target. It may have liability to the victim(s) of the attack under a variety of different legal theories. For example, attacks that occur in the workplace may create liability for the employer on a premises liability theory, whether the attacker was an employee, a customer, or someone else. The employer may also be responsible if the attacker was an employee on the clock during the attack, whether it happened at the workplace or not, thanks to a legal theory that makes employers responsible for the acts of their employees while acting in the course of their duties, also known as respondeat superior. If the employer knew, or should have known of the attacker’s propensity toward violence, and employed that individual anyway, that could create liability for negligent hiring and/or retention. It is this array of legal theories of liability that creates the impulse for employers to dismiss all employees involved in a fight in an effort to minimize additional exposure.

What to do if Attacked at Work?

Whenever an attack occurs, the first thing to do is call the police. Even if the attacker has left the scene, creating an accurate police report can go a long way to establishing your rights in both criminal and civil cases. Also, talk to any witnesses, get their take on what happened, and collect their contact information in case you need to call them as witnesses at a later date.

Once you have left the scene, contact an attorney. A lawyer will be able to advise you about your legal rights in the situation, help to shield you from possible liability in case the attacker said you started the fight or injured him/her while defending yourself, and guide you through the entire legal process from making your demands to collecting your final judgment.

Read More HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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Incident reports after a slip and fall accident

First Steps are Critical

After a slip and fall accident, the first actions you take can go a long way toward protecting your potential claim. Ideally, an incident report should be completed on scene to note what happened, who witnessed the accident and the conditions that caused the fall. This report will ultimately help you and your personal injury lawyer throughout the duration of your case.

Incident Investigation Reports

In general, every retail store should have an “incident investigation form” to address accidents involving customers. The requirement for a report is usually a store or business policy and is not required by law. Often, commercial property owners ask injured people to fill out and sign incident reports, but again there is no law that mandates it.

CALL JOHN MOONEY TODAY!

John is South Florida’s leading injury lawyer for car accident, truck accident, dog bite, and slip and fall personal injury cases.

With our proven record of success, our personal injury attorneys represent the very best in the personal injury industry. Call (954) 449-2671 today to get John on the case!

Take Pictures and Note Witnesses Present

However, if a report is not completed at the business location (or occurred at private location and was not observed by others), you should make a record of what happened yourself by taking pictures at the scene, noting who was present, what was said and a brief description of the circumstances. When you fill out an official incident report, make sure that you accurately explain how you got hurt and get the manager’s signature. Management should be cooperative, must treat customers with care, and within a timely manner.

Report it Immediately

The general consensus is you should report the accident immediately to the premises owner or some responsible person connected with the premises. Regardless of where the accident takes place, always take notes on what happened and always contact a personal injury lawyer to help you through the process.

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