Two wrongful death lawsuits were recently filed against the South Carolina Department of Transportation (S.C. DOT) alleging the state agency is responsible for a fatal motorcycle accident on International Drive. The lawsuit claims that the driver lost control and crashed where the pavement transitions from asphalt to coquina because the S.C. DOT did not provide proper signage to warn motorists of the change in the road conditions. The suits seek unspecified compensation and come amid a battle with the Coastal Conservation League and S.C. Wildlife Federation over paving International Drive to Highway 90, citing environmental concerns.

Maybe this unfortunate incident will directly force changes in in that stretch of road despite any environmental concerns. In the meantime, the challenge facing the plaintiffs is that the lawsuits could take months, even years to be resolved. They will not receive any compensation until they either reach an out-of-court settlement or win the case in court. Even if they win the case in court, appeals can further drag out the recovery. If the plaintiffs need financial support, Litigation Funding Corporation is here to help.

Rather than struggling financially during an already difficult time, we can offer a non-recourse cash advance against the future proceeds of the lawsuits. This means that such advances only are repaid if the plaintiffs win their case or reach an out-of-court settlement. If the case is lost or dismissed, the plaintiffs keep the lawsuit case advance and owe us nothing. With this immediate funding source, known as litigation funding, the plaintiffs to take care of financial obligations while giving their attorney the time needed to seek appropriate justice.

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After waiting over two years for the Connecticut Claims Commissioner to grant permission to sue, the man’s widow filed a wrongful death lawsuit alleging that state workers failed to ensure that the man was a safe distance from the work site. Under state statute, lawsuits brought against the state need the permission of the state to go forward. She was awarded over $1.3 million in January 2012 after a non-jury trial, a judge who ruled that the accident was foreseeable and the state liable, but attorneys for the state appealed stating that the accident was unforeseeable. The defense argued that the DOT work crew met the standard of reasonable conduct and the man was kept a reasonably safe distance from any and all reasonably foreseeable dangers. The decision was overturned by a panel of three justices of the Connecticut Appellate Court in August 2013.
An appellate lawyer for the plaintiff asked the state Supreme Court to hear the case and argued that the DOT didn’t even have a written policy or regulation concerning the appropriate distance to stand from a fallen tree. He also noted that no Connecticut court has ever held that an industry has the last word on the standards governing its own liability.

We all have the right to expect that our state and local government does everything possible to keep us safe on our roads, at construction sites, and more. We expect they have written policies and procedures and all employees are properly trained to protect the community. When the government and/or business fail to do so, lawsuits almost always result in safety improvements. Shielding corporations and government entities from liability or damages is not a solution. Holding those who create dangerous conditions (or allow known dangers to continue without public warning) accountable for their actions improves safety, saves lives, and prevents future harm.

Now, almost 10 years later, the suit is nearly finishing its journey through the state courts. We will wait and see the Supreme Court decision.

This case is a perfect example of the all-to-often, lengthy litigation process especially with an appeal. The death of a loved one leaves many not only in emotional turmoil, but financial distress. Burial costs are expensive and can costs thousands of dollars. The loss may also put a strain on regular monthly expenses like mortgage/rent, car payments, and ongoing monthly expenses. As a result, some people turn to litigation funding.

Legal funding companies offer pre-settlement funding and post-settlement funding to help plaintiffs survive financially while they wait for their awards. Pre-settlement litigation funding is provided by a lawsuit funding company to a plaintiff before a settlement or award, with the expectation that the plaintiff will ultimately receive compensation from the suit. Funding provides immediate access to money so the plaintiff can cover expenses while in litigation. Post-settlement funding occurs after an award has been made or a settlement reached in a lawsuit, but before the award or settlement is paid out. Some plaintiffs find that they require financial assistance because even when a settlement is reached, it can still take time for the payment to be made. A defendant could also appeal the court’s ruling, resulting in a long time before the award is paid out.

If you are involved in a wrongful death lawsuit and are considering litigation financing, Litigation Funding Corporation may be your solution. We understand that waiting out the long litigation process can be devastating especially with bills stacking up. Our legal funding services are based on a non-recourse base, meaning that we are only repaid if you win your case. Credit score and employment history are not factors in the funding decision; only the strength of your case matters. Even if your case is in appeal, we can help. Don’t struggle financially during your pending claim and don’t settle for less than you deserve when our services may be a valuable asset to you. Once we receive an application, most requests for cash advances are approved within 1 to 2 days after case documentation is received from your attorney. Don’t delay; call today!

The event date recorders contain information that the plaintiff’s attorney will need to build a case for compensation. As such, the company investigator typically beats the police to the scene. The defendant’s attorney and insurance company would rather not part with such information if possible.

In response, truck accident attorneys must be intimately familiar with the Federal Motor Carrier Safety Regulations and the requirements of the Federal Department of Transportation. Most attorneys that handle big-rig cases employ DOT investigators and accident reconstructionists to comb through an accident scene thoroughly within hours of the collision.
In cases like this, the plaintiff’s lawyer must send the trucking firm a preservation letter immediately, instructing it to keep and preserve all data contained in the black box. The truck must not be touched or altered in any way before the plaintiff’s experts have a chance to examine it. Often, trucking companies prefer to conceal all information to be had at the wreck that would affect their case.

Most families who have lost a loved one in a crash or who are dealing with a badly injured family member are not very concerned with who caused the collision in the immediate aftermath. However, the trucking firm and its lawyers will be interested in cause above all else. Protect yourself and your family by calling a trucking accident lawyer immediately.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Flying may become easier for people with disabilities, thanks to new federal rules.

The U.S. Department of Transportation has issued new rules that will require airlines to make their automated airport kiosks and their websites accessible to people with disabilities. In addition, airlines will be able to choose between two options for handling wheelchairs on flights. They may stow them in the cabin compartment or strap them to a seat row, which will ensure that two wheelchairs of the manual, folding type can be transported at once.

The rules are part of the DOT’s ongoing implementation of the Air Carrier Access Act of 1986. Officials said that the rules built upon past work to ensure air access for people with disabilities, and that air travelers should be treated with fairness regardless of any disabilities.

The rules require airlines to make pages of their websites that contain core information and services accessible to people with disabilities within two years, and to make all web pages accessible within three years. The accessibility standards are contained in the Website Content Accessibility Guidelines and address such issues as navigability by people with vision limitations. The rule also applies to foreign airlines that have websites marketed toward U.S. travel consumers.

Also under the new rules, web-based discount fares will have to be disclosed and offered to customers who are unable to use airlines’ websites due to a disability. This requirement takes effect 180 days after the effective date of the rule.

The rule regarding automated airport kiosks, such as those for printing baggage tags and boarding passes, requires that any new kiosks installed be accessible to people with disabilities, until 25 percent or more of the kiosks in each airport are accessible. The 25 percent goal must be reached within 10 years regardless of whether new kiosks are installed.

The rule regarding stowage of wheelchairs permits airlines more flexibility. Previously, the seat-strapping method of stowing wheelchairs was restricted, and the method of stowing the wheelchair in a closet or other compartment was favored. Now both methods may be used under certain conditions, allowing an aircraft to stow two wheelchairs if necessary.

Fanny Roy Veilleux’s father Jean-Guy Veilleux, a resident of Lac-Megantic, allegedly died in the train crash. The minor girl’s guardian, Annick Roy, filed the lawsuit in Cook County against Montreal Maine, the railroad operator. World Fuel Services Corp. is also named as a defendant.

The lawsuit accuses the defendants of negligence in failing to keep the oil tankers compliant with reasonable safety standards. According to the complaint, problems with the tankers, known as DOT-111s, have been well-documented. The lawsuit alleges that the railroad and petroleum industries were aware of design flaws in the tanker cars and failed to take action to address the danger of the cars rupturing.

According to the lawsuit, the tanker cars were of the same type that ruptured in Cherry Valley, Illinois in 2009, spilling 324,000 gallons of ethanol. The complaint alleges that the DOT-111s in the current lawsuit did not have safety improvements that were recommended by the National Transportation Safety Board.

A class-action lawsuit was filed earlier in Quebec Superior Court on behalf of residents of Lac-Megantic.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The Department of Transportation (DOT) recently issued a notice that stated emphatically that federal law prohibits the use of marijuana by truckers and that the prohibition also applies in states that allow people to use it for recreational purposes. The fact that they had to issue the notice in the first place is depressing. This should be a no-brainer. However, legally speaking, there appears to be wiggle room due to conflicting laws. In short, many states are beginning to contemplate the passage of laws allowing the use of medical marijuana. However, federal statutes against the drug’s use are still in place.

The very idea that a trucker would even contemplate smoking up and driving is distressing, but human nature being what it is, there is a likelihood of it happening, if it has not already, and chances are that it has. Contemplating an 80,000-pound semi barreling down the road being driven by an individual under the influence of marijuana is a frightening thought.

More frightening still is the need for the DOT to point blank spell out that such behavior is prohibited. In my law practice, I see the results of big rig crashes, and they are horrendous. Opening a Pandora’s Box by legally allowing smoking marijuana while driving a semi would defy all logic. Common sense may have just left the building should anyone attempt to mount such a defense.

As the DOT pointed out, state initiatives do not impact on their regulated drug testing program and they do not give permission to use Schedule I drugs, including marijuana, for any reason, which means medically recommended use will not cut the mustard as an excuse. How would this kind of a situation impact on a personal injury lawsuit or wrongful death suit? Negligence is the main factor in most lawsuits and it would be absolutely beyond the pale of negligence, if a trucker smoked marijuana and then hit the road. Despite the conflicting laws, there has to be common sense at play here.

Driving while under the influence is still driving under the influence and it is an act of supreme negligence in that it may seriously maim or kill someone. If you have been in a situation like this, you need to discuss the circumstances of the case with an experience Austin injury lawyer. The buck stops in his office and if you want justice after being involved in a crash where the trucker may have been smoking up before driving, you need an Austin injury lawyer to take the case to court and obtain the proper compensation you deserve.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.