Tractor-trailers are involved in thousands of accidents every year. Due to the tremendous size and weight of these vehicles, they create enormous energy as they travel at high speeds. As a result, collisions that involve tractor-trailers often cause serious injuries or fatalities to people in smaller passenger vehicles.

Persons injured in a collision with a tractor trailer are much more likely to sustain serious, life-threatening injuries as a result.

While it may be efficient and economical, having all those large trucks on the highways can also be dangerous.

• Large truck crash
• Collision with a tractor trailer
• Semi-tractor-trailer truck wreck
• Tandem (double) truck accident
• Pedestrian or motorcycle hit by tractor trailer

Every year, nearly 500,000 large trucks (tractor-trailers or “semis”) are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involving tractor-trailers result in fatalities. In fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the deaths and injuries involve the passengers of the vehicles struck by tractor-trailers. Truck drivers typically escape unscathed.

Many of these accidents are due to the carelessness or negligence of the truck driver. Truck drivers repeatedly break federal laws by driving:

• While fatigued
• In excess of the amount of hours they are allowed to drive
• With oversized trucks
• With overloaded trucks
• With improper maintenance
• With an inability to see at night

Tractor-trailer cases involve numerous differences from a typical automobile collision. It is important that your attorney knows these differences and knows how to deal with them.

Truck accidents are one of the largest causes of death for people under 34! Amazingly, over 40,000 people are killed every year in wrecks related to cars, trucks, tractor trailers, semis, and other large trucks

Drunk driving is one of the leading causes of serious auto accidents in the United States. Drunk drivers cause an incalculable amount of human pain and suffering each year. They take lives. They destroy families. They inflict physical and emotional injuries that never fully heal—even though they “never meant” for any of this to happen.

A drunk driving accident is caused where one or more drivers were impaired by alcohol, an illegal drug, or controlled substance. In most cases, criminal charges will be filed. In addition, the victim of the accident may pursue civil damages and claims for his or her injuries.

Anyone who causes an accident while driving under the influence of alcohol or another substance is considered negligent. Unfortunately, this is of little comfort to someone who has sustained injuries or lost a loved one in an alcohol-related accident. The driver convicted of DUI is responsible to pay for all damages, but may not be the only person considered negligent or liable.

Those who provided the alcohol may also be considered negligent and liable for damages. Many states have laws that impose liability on bars, clubs, restaurants, or hotels that supply liquor improperly. In such cases, a business is expected to exercise due care and not to serve anyone who is obviously drunk.

Even someone outside of such a business may incur liability for supplying liquor to a driver or providing the car the drunk driver was using. The host of a party may be liable in some states if he continues to allow a guest to imbibe after it is obvious the guest is under the influence.

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear-end collisions
• school bus accidents
• SUV rollover accidents
• train accidents
• tractor trailer accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Automobile Accidents:

A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about 40 times this number.

Motorcycle Accidents:

Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Train Accidents:

Train accidents can result in injuries such as sprains and fractures, catastrophic injury such as head trauma, brain damage, paralysis and loss of lives or property. Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents or accidents due to mechanical failure.

It is the railroad company’s responsibility to ensure that there are appropriate signals and gates at every railroad crossing for safety precautions. If the railroad company fails to take such precautions, they are liable for any injury or death that ensues. Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.

SUV Rollovers:

Although SUV rollovers do not occur as often as other automobile accidents, when they do occur they have a higher chance of resulting in serious injury or death, and are considered to be the most fatal type of vehicle accident on national roadways. According to the Federal Highway Administration, SUV rollover accidents account for more than side and rear fatal vehicles combined and SUVs are three times more likely than the average passenger car rollover.

Although SUVs were designed primarily for the purpose of off-roading, manufacturers have since discovered their immense popularity as family vehicles. Manufacturers have begun removing roll bars in current models.

SUV seat structures are not designed to keep occupants in place during a rollover regardless if seatbelts are worn. Vehicle roofs, windshields and side windows easily collapse, increasing the risk of occupant head, brain, spinal cord and back injuries. While the body of an SUV remains the same as it would if used for off-roading, the removal of the roll bars, combined with the high center of gravity due to multiple passengers, make rollover accidents and occupant ejection that much more fatal.

Having trouble finding an injury attorney who understands your Chiari malformation / personal injury case?

Chiari malformation is a developmental anomaly at the base of the brain that results in the downward displacement of some of the brain’s structures into the spinal canal. The lowermost part of the brain is the cerebellum and brainstem. This is the area just at the base of the skull that attaches to the spinal cord. This area is called the posterior fossa. The cerebellum is made up of three major lobes that are composed of nerve fibers connecting to the brainstem. There are two small portions of cerebellar tissue, called the cerebellar tonsils, that normally lie within the posterior fossa.

Chiari Malformation Made Symptomatic by Personal Injuries:

While Chiari is widely accepted as a congenital condition, there are a growing number of doctors who feel that a person who has the malformation but no symptoms can be made symptomatic by an impact such as one sustained in an auto accident or slip and fall case. Symptoms of Chiari can be quite severe and life altering. Common symptoms include:

• Severe head and neck pain
• An occipital headache felt at the base of the skull that is made worse by coughing, sneezing or straining
• Loss of pain and temperature sensation of the upper torso and arms (as a result of a syrinx)
• Loss of muscle strength in the hands and arms (as a result of a syrinx)
• Drop attacks – collapsing to the ground due to muscle weakness
• Spasticity
• Dizziness
• Balance problems
• Double or blurred vision
• Hypersensitivity to bright lights

Our firm has successfully represented people with Chiari malformation who had experienced no problems or symptoms from the condition prior to their accident.

Bad faith denial of insurance claims must be countered with immediate and aggressive action. Your insurance policy may have a time limit within which an internal appeal of a claims denial must be taken. Every state has statutes of limitations.

Sooner or later if you are wrongfully denied and fail to pursue your rights, you will lose them. The good news in Tennessee is that insurance companies that engage in bad faith settlement practices are subject to a bad faith law that applies especially to insurance companies.

If an insurance company is found to have engaged in bad faith practices, it can be subject to multiple damages and attorneys fees. Bad faith can include denial of coverage when the plain language of the insurance policy requires coverage.

It can also include such favorite insurance company practices as offering less than a claim is worth in order to pressure a financially strapped claimant to accept less than he is entitled to, or to deny an obviously valid claim, forcing litigation to obtain payment that should have been prompt and voluntary. Aggressive action when faced with bad faith insurance practices helps every insurance policy holder to obtain the value of his or her insurance purchase.

Consumers and businesses alike are commonly mistreated by insurance carriers. Insurance policies are intentionally confusing and ambiguous, giving the insurance companies the edge over consumers and businesses. Under the covenant of good faith and fair dealing, implied in all insurance contracts, this mistreatment or fraud is termed “bad faith.”

Bad faith is when the insurance company does not abide by the terms and conditions of the insured’s policy and willfully refuses to pay a legitimate claim for damages.

Some examples insurance bad faith include:

• Denial of insurance benefits due under a policy
• An unreasonable delay in payment of benefits due
• An unreasonably low offer to compensate justified damages
• Non-disclosure of policy benefits to the insured
• Failure to promptly investigate or failure to properly investigate a claim

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.

Products liability cases may include defective or poorly designed machinery, tools, motor vehicles, recreational products, pharmaceuticals and other products and equipment.

A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. Damages can be recovered under one of the following categories: strict products liability, negligence or breach of warranty.

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.

Premises liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.

Therefore, investigation of the claim is essential to a successful case. Temporary conditions, such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant, need to be investigated quickly.

Construction/ On-the-Job Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as accidents in the oil and gas industry, can also cause serious injury and toxic exposure.

Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In every state, a dog owner is liable for bites to people inflicted viciously by a dog that previously bit a person viciously, or that were inflicted pursuant to the command of the dog owner.

In almost all states, a bite victim can recover compensation from a person whose negligence caused the attack and from a person who violated a leash law, a trespass law applicable to dogs or other dog safety laws. The owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone.

As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years.

As many of these nursing homes are underfunded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

A catastrophic injury or illness usually occurs suddenly and without warning. Injuries that are considered catastrophic, due to the enormous impact they have on the lives of the individuals who experience them, include the following: brain injury, spinal cord injury, accidental amputation, severe burns, multiple fractures, or other neurological disorders.

A catastrophic injury or illness very often causes severe disruption to the central nervous system, which in turn affects many other systems of the body. In addition to possible loss of movement, sensation, and communicative and cognitive abilities, the injury or illness may impact respiration, circulation, skin, the urinary system, the gastrointestinal system, and other body systems.

Management of such an injury is complex and requires the expertise of a team of health professionals including physicians, consultants, nurses, therapists, and counselors. Clearly, the long-term needs of someone who has experienced this type of injury far surpass those of individuals with less severe injuries. Individuals may recover from some catastrophic injuries if they receive proper, early medical treatment; however, others may experience permanent disability, significant suffering, and reduced life spans.

Spinal Cord Injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCIs are caused by trauma to the vertebral column, affecting the spinal cord’s ability to send and receive messages between the brain and the body’s systems that control sensory, motor and autonomic function.

Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Traumatic Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull.

This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Burn Injuries:

People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent’s immediate family members, usually a surviving spouse and children, and sometimes parents.

Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another’s negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages that are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions that the decedent would have made to his or her spouse, children and/or parents had he or she survived.

It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

Professional Malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Professional Malpractice include:

• Failing to diagnose a tumor while reading an X-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain injury
• Birth injury
• Cerebral palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental malpractice
• Cosmetic surgery malpractice

Birth injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.

If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.

Cerebral palsy: Cerebral palsy is a permanent brain injury that can affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States. Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.

When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible. Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.

Anesthesia negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

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In progress