According to The Tampa Bay Times, the driver was preparing to load up the last of the three cars when a brand new Honda Ridgeline truck came barreling toward him. The truck slammed into the shoulder, struck the worker and his truck. Investigators say the 44-year-old driver of that Ridgeline was intoxicated, and admitted to driving drunk. Victim died at the scene. Authorities arrested the suspected drunk driver on charges of DUI manslaughter. Decedent was survived by a wife and 11-year-old daughter.

Tow truck drivers have a notoriously dangerous job. Earlier this year, also in the Tampa area, a 36-year-old woman was arrested for allegedly hitting a tow truck driver on the Howard Franklin Bridge in February, leaving him there to die alone. The tow truck driver had been out that night and stopped around 2:20 a.m. to assist two stranded motorists. He was a married, 43-year-old father. The suspect was arrested days later, telling authorities she knew she’d hit someone, but was too afraid to stop and help. Investigators say she has a long history of DUI arrests and convictions.

Our experienced Miami drunk driving accident lawyers know that impaired drivers are one of the main threats to road workers and emergency responders on the highway. That and speeding motorists – particularly in construction zone – are a major hazard. That’s one of the reasons the state passed a “Move Over Law,” codified in F.S. 316.126 that requires any motorist approaching an authorized emergency vehicle (including tow trucks, and in addition to utility service vehicles, sanitation  vehicles and wreckers) to vacate the lane closest to that vehicle.

Since 2010, all 50 states (but not the District of Columbia) have some type of move-over law, and 44 of those have approved new measures or improved existing laws since that time.

Yet these type of accidents still occur far too frequently.

The Emergency Responder Safety Institute reports an average of six-to-eight fire rescue and EMS workers are killed in or near moving traffic annually. The same goes for 10 to 12 police officers, as well as 50 tow truck operators. It’s not clear how many of those are struck due to move-over violations or how many are related to other offenses.

Others who work on or along the highway are extremely vulnerable too. Vehicles are typically driving past at high speeds and there is often no barrier between the workers and the roadway. The U.S. Department of Transportation (DOT) reports in 2013, there were almost 68,000 crashes that occurred in work zones. Although most of those don’t result in a fatality, 15 percent resulted in a possible injury, 9 percent in a non-incapacitating injury, 2.5 percent in an incapacitating injury and 0.4 percent in a fatal injury.

In many cases, an experienced injury attorney can help grieving families obtain the compensation they deserve, both through workers’ compensation claims and third-party litigation of others who may be responsible.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Troopers: Tow truck driver hit, killed by drunk driver on I-75, Oct. 9, 2016, Fox 13 News

More Blog Entries:

Restaurant Forfeits Liquor License After Over-Serving Driver, Aug. 2, 2016, Miami Drunk Driving Accident Lawyer Blog

Unfortunately, these seemingly minor fender-benders can result in lasting injuries – and it may not even be immediately apparent to the person injured. That’s because symptoms of whiplash, concussion and other types of musculoskeletal and brain injuries may not be immediately apparent. That’s why it’s always advisable to seek immediate medical attention after a crash, even if you genuinely and overall feel alright.

The mere fact of slow speed and low impact does not necessarily negate a claim of personal injury in a car accident, but it can sometimes make it tougher to prove. Your attorney will likely need to present expert witness testimony in order to overcome the erroneous assumption that because the crash didn’t involve great force, there is no potential for substantial injuries. 

Just as an example, consider that a 2,000-pound vehicle – the average size of a passenger car – traveling 10 mph would hit another object with nearly four tons of force. To suggest it would be impossible to do any damage is incorrect. Still, it’s a common defense in these cases, and your injury lawyer needs to be prepared to counter it.

In the recent case of Rish v. Simao, the Nevada Supreme Court reviewed a trial court decision to grant summary judgment to plaintiff as a sanction against defendant who repeatedly violated an order not to present any evidence as to the low speed/ low impact nature of the crash in question.

The state supreme court ultimately reversed because it found the lower court misapplied the standard it set in an earlier low-impact crash case. In the previous case, the state high court ruled that a defendant could not present evidence from a biomechanical engineer because that witness was not qualified to present that testimony.

However, the court in Rish wrongly concluded that meant a defendant was required to present the evidence of a qualified biomechanical engineer in order to present a low-impact defense. The higher court had only said if the expert witness testimony was going to be presented, it had to come from someone qualified to give it.

In the Rish case, plaintiff was rear-ended in stop-and-go traffic by defendant’s car. At the time of the crash, it was noted there was minimal property damage to both vehicles. Although an ambulance was called, both parties declined medical attention from EMS workers.

But days later, plaintiff’s neck began to ache and his head was throbbing. He sought medical attention, and received treatment.

He later filed a car accident lawsuit against defendant to recover for his injuries.

However, defendant sought to point out that the crash was low-impact, and therefore could not have caused injury. Plaintiff wanted to suppress this argument, and filed a motion to block all mention of the speed of the accident/ damage to the vehicles, on grounds that defense had not presented the expert witness testimony of a biomechanical engineer. Trial court granted this request.

The case was ultimately remanded for retrial, and plaintiff will now have a much steeper hill to climb to collect damages.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Rish v. Simao, March 17, 2016, Nevada Supreme Court

More Blog Entries:

Study: U.S. Drivers Increasingly Dangerous, Distracted Half the Time, March 21, 2016, Miami Car Accident Lawyer Blog

The accident took place at 11:30 p.m. and the responding EMS crew took the young biker, who had been ejected from his ride, to a nearby hospital. He died later. The police report estimated he had been traveling between 90 and 100 mph when he hit the back of the wrecker.

Street racing episodes such as this one have become more prevalent as of late and law enforcement is attempting to crack down on such behavior. According to the police, there are often up to several hundred vehicles out in the I-10 area, Grand Parkway and Katy Freeway, that intend to street race. There have been a large number of serious accidents and fatalities as a result.

If you are thinking about street racing, think again. The life you save may be your own.

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

The accident took place at 11:30 p.m. and the responding EMS crew took the young biker, who had been ejected from his ride, to a nearby hospital. He died later. The police report estimated he had been traveling between 90 and 100 mph when he hit the back of the wrecker.

Street racing episodes such as this one have become more prevalent as of late and law enforcement is attempting to crack down on such behavior. According to the police, there are often up to several hundred vehicles out in the I-10 area, Grand Parkway and Katy Freeway, that intend to street race. There have been a large number of serious accidents and fatalities as a result.

If you are thinking about street racing, think again. The life you save may be your own.

Lee, Gober and Reyna – If you need a personal injury attorney 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

Barksdale’s parents elected to file a wrongful death lawsuit against fraternity Sigma Alpha Mu and the chapter’s 2013 vice president, president and another chapter brother, after an autopsy indicated their son had died of alcohol poisoning. His BAC was four times over the legal limit.

According to court papers, chapter members handed the young man a 1.5-liter full bottle of vodka and forced him to drink it all. Apparently the fraternity chapter held the initiation party off campus because they knew there would be underage drinkers in attendance. The fraternity did not notify the university of the event.

Although 18-year-old Barksdale did not drink the whole bottle, he was severely intoxicated and collapsed at the party. Although fraternity brothers did realize Anthony was completely drunk, they took him outside and left him there, unattended. No one thought to seek medical assistance or call for emergency help.

Several hours later, Barksdale was brought back into the apartment building and deposited on the couch, but again, nothing was done to help him. It was not until he threw up that people realized he needed help and placed a call to 911. As emergency responders were on their way, another partygoer performed CPR and succeeded in temporarily reviving him. But he passed out once again and quit breathing. EMS arrived on the scene just after midnight but could not revive him. He died at the hospital.

The family hopes that their wrongful death lawsuit sends a strong, clear message that this kind of event should never happen again — to anyone.

In the meantime, the family had to deal with the pressing necessity of an expensive funeral and burial plus end of life medical assistance. They may find the right financial solution online by applying for a lawsuit loan from a litigation funding company.

Pre-settlement funding can be a lifesaver in situations like this one where the family is suddenly tasked with trying to find enough money to pay for unexpected bills. A lawsuit loan allows them to pay all of their expenses, including the usual and the extraordinary, while they take time to heal and consult with legal counsel for case preparation.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

A suspected shoplifter was chased out of a California Walmart by undercover store security guards and apprehended in the parking lot an estimated $500 worth of stolen goods on her.

When police arrived on the scene, the individual was in restraints and appeared to be having medical issues. EMS crews were called, but the shoplifter died en route to the hospital.

The police investigation will likely raise questions about the individual’s presence in the Walmart. Was she a well-known customer? Had she been suspected of shoplifting before? Did she get heart medications at the Walmart pharmacy? Would security have known about it? In short, did the individual demonstrate symptoms of having a heart condition, or was the death caused by the exertion of being chased and the shock of being restrained? Many of those questions cannot be answered until the results of the autopsy are released.

Regardless of what answers the investigation uncovers, the victim’s family has rights. In situations like this, where wrongful death has occurred, the family members of the victim should also consult with an experienced personal injury lawyer to find out their rights.

If there is enough cause to take the case to court or discuss a settlement, the family will need a lawsuit loan to help pay for the medical care, funeral and burial expenses for the victim.

Accessing litigation funding is simple and can be done either online or by calling a litigation funding company. The advantages of pre-settlement funding are numerous, such as the plaintiff does not need to be working, does not have to pass a credit check, does not pay any money up front or make any monthly payments. The lawsuit loan is theirs to keep if they lose their case in court, with no strings attached.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

How is it possible for the van to ram into a car slowing down and about to make a turn into a driveway? The van driver was following too close and had no time to stop or slow down.  Because he was in a hurry to get on with his day and his deliveries, he was tail-gating impatiently. The consequences speak for themselves, and the critically injured young woman will likely seek experienced legal counsel, to find out what her rights are, and how to file a personal injury lawsuit. Someone needs to be held responsible for her injuries, and that someone would be the FedEx driver, who was cited by police for following too closely.

What does the young woman do when she is waiting for her case to be resolved by the justice system? She will have bills to continue to pay and new expenses for her medical care. Since she is unable to work, how will she pay her bills? The best solution for her would be to apply for litigation funding. Legal finance services would help her take care of her living expenses, other important bills and her medical costs as a result of her severe injuries. If the plaintiff is eligible for pre-settlement funding, the lawsuit cash advance lets he or she avoid the pitfall of being forced to settle too soon for less than their case may be worth.

If you are waiting for your lawyer to move your case towards negotiation or take it to court, and are in desperate need of fast cash to pay your usual monthly financial obligations and medical bills, check into applying for a lawsuit cash advance. It is easy to apply for by going online, and there are no monthly payments, credit checks or proof that you work required. The litigation funding company assumes all the risks in this partnership. If you lose your case in court, you owe them nothing.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

There are accidents that you wish you had never seen, as the memory of them haunts you long after you have witnessed the carnage. This accident is one of those accidents that caused deaths and horrendous injuries. Thankfully, there were no other vehicles involved in this accident.

This wreck happened in Bristol, Indiana and was the result of a minivan hitting a deer. The van, which was carrying 10 passengers, slowed down and stopped in the eastbound lane after the impact. Shortly after it halted, the van was hit from behind by a tractor-trailer, sending both vehicles up onto the center median after the crash.

The van’s occupants never stood a chance to get out of that mess alive, and emergency first responders were amazed to find three people with vital signs when they sorted through the wreckage. Two of those victims were airlifted to medical care, and the third was taken to the nearest trauma center. The trucker was also taken to the hospital. EMS crews had the awful task of declaring seven of the van’s occupants dead at the scene.

What happened here? Was the trucker speeding? Riding too close to the van? Driving distracted? How could the trucker have missed a van sitting in the middle of a highway if he had been paying attention? These are questions the police will be trying to find answers to over the course of their investigation. Those who did survive will be able to file personal injury lawsuits. Those that died will likely have their families file wrongful death lawsuits.

What does a family do to pay the high medical bills and other expenses associated with a death or family member receiving medical care to recover from a bad wreck while they wait for their case to go to court? One of the best answers is to apply for a lawsuit loan from a litigation funding company. A lawsuit loan, also referred to as pre-settlement funding amounts to being an emergency lawsuit cash advance, specifically designed to let plaintiffs get out of the hole financially.

The litigation funding will carry them through until their case is either resolved through the process of a negotiated settlement or going to court and having a verdict rendered. Legal finance is easy to apply for and will, if you are approved, significantly reduce your financial stress.

In the right set of circumstances, legal financing may be the right choice for you. Make that call today and find out if you would be eligible. You must have a lawyer handling your case before a litigation funding company is able to assist you.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

This three vehicle collision left six people with serious injuries just because the at-fault driver wanted to have an extra drink or two and then drive. What a bad decision. An even worse decision was made when the driver went through a stop sign, which resulted in the car hitting a truck and another vehicle trying to avoid the wreck, but instead, crashing into the corner of the intersection.

The force of the impact was so significant that one of the vehicles landed on its side, trapping the driver in the wreckage. EMS crews had to extricate that driver to get him to the hospital, where he was listed in critical condition. There were also six others rushed to area emergency rooms for medical attention. Those six were listed in stable condition.

According to police reports of the 2 a.m. crash, speed and booze were factors, and the finger points back to the driver that decided he did not need to obey a stop sign and sped right through it into the side of a truck. It was complete mayhem at the accident scene, with EMS crews trying to do triage and extracting trapped drivers, and the police trying to sort out who caused the mess in the first place.

Until all the blood tests taken at the hospital were confirmed, charges would be held in abeyance. However, it is likely the driver of the car that ran the stop sign will be charged with DWI among other things. And the survivors of this mess? They will most likely be checking around for a personal injury lawyer to find out how to obtain compensation for their medical expenses and other costs.

Some of them might even sue the drunk driver and while they are waiting for their case to go to court, they would need cash to pay their bills. Since that will be hard to come by if they are not working, they could check into sourcing litigation funding.

If the drunk driver’s conduct is deemed negligent, and it would be hard to think it was not, since he chose to drive while drunk, his insurance would help the injured in this case handle their enormous medical bills. But litigation can take months, even years, to come to an end.

How will these families deal with their horrendous medical bills on top of their regular monthly expenses? If they have filed a lawsuit, they can apply for lawsuit funding from a lawsuit loan company. Legal funding is easy to apply for and helps victims out of their awkward debt situation until a verdict is handed down or they reach an equitable settlement with the other side.

Pre-settlement funding is a lawsuit cash advance, which is an emergency loan that allows the plaintiff to pay off important bills and expenses. Plaintiffs will then have the time and money to wait for justice, and in the meantime they can turn down inadequate offers from insurance companies.

If you have been injured in an accident thanks to someone else’s negligence and you are filing a lawsuit with a seasoned injury attorney, litigation funding is worth checking out. It will pay your bills while you wait for a fair resolution to your case.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit &ufding and litigation funding, visit Litigationfundingcorp.com.

To get a better idea of what the term personal injury accident means, think car wreck. It is the best example of the personal injuries you may sustain after being hit by a negligent driver. Personal injuries may cover a multitude of things, such as whiplash, air bag injuries, broken bones, crush injuries and amputations.

Consider the case of the man who lost his leg after being hit by a passing car. The victim was pushing his SUV off to the side of the road because he ran out of gas. As he was pushing it, a 25-year old woman driving a Nissan Ultima hit him. As a result of the collision, one of the man’s legs was severed.

Thankfully, another motorist put a tourniquet on the man to stop the bleeding until EMS crews arrived. He was taken to the nearest hospital for medical assistance, as was the driver of the car that hit him. The police report did not indicate any charges had been laid, but they were calling for further investigation into the matter. There are many unanswered questions in this scenario, not the least of which is what was the female driver doing at the time of impact?

Was she paying attention to her driving? Was she speeding? Was she texting or under the influence of something? All these things need to be figured out in order for the case to move forward and for the man to be able to sue the female driver for compensation for his medical bills and his catastrophic, life-altering leg amputation.

If you have been in a similar situation and do not know who to talk to about compensation for your personal injuries, make it a point to connect with a seasoned Atlanta personal injury lawyer. These types of situations are not cases where the plaintiff can act pro se (on their own), or they run the very real risk of missing out on money they are legally entitled to as a result of their injuries. For catastrophic injuries like amputation, the awards tend to be higher.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Some days it does not pay to go to work. This case is a prime example of that. The worker in this instance was on the job at Grimmway Farms in San Joaquin Valley in California, when the weirdest thing happened at the processing plant.

The worker in question was operating a forklift and for some reason, crashed into a metal gate. The resulting accident drove a metal pipe right through his torso. It seems the gate that he crashed into was a safety gate that had been left open.

EMS crews and responding firefighters had the grim task of sawing the metal pipe six to eight inches away from the man’s body; a gruesome task, completed while the man was still fully conscious. When the bar had been cut, the Jaws of Life and other hydraulic equipment was used to cut away the steering column, seat and controls to remove the victim from the truck. The worker was then airlifted to the nearest medical facility.

There is no doubt the U.S. Occupational Safety and Health Administration (OSHA) will want to know how this accident happened in the first place.

This man would definitely need to speak to a personal injury lawyer to find out what he needed to do to file a claim for compensation for his injuries. Having a metal pipe driven through your torso is a serious and potentially life-altering injury. The man will likely be unable to work for a long time. He will need income to help him recover and get on with his life. He will need an emergency lawsuit loan from a litigation funding company.

All he has to do to access pre-settlement funding is to apply online to the litigation funding company or call them directly and find out what he needs to know. The plaintiff will need to provide case details in order for the legal finance company to assess his case. Once they have determined the case is likely to win in court, the lawsuit cash advance is sent to the plaintiff posthaste.

Litigation funding typically arrives within 24 to 48 hours. When it hits the plaintiff’s bank, they can immediately take the funds out and pay their medical bills and other outstanding expenses. This legal funding loan is designed to help financially desperate plaintiffs to get back on their feet while they wait for their case to go to trial. Because they have pre-settlement funding in the bank, they are not obligated to take settlement offers from an insurance company. It is a good deal for plaintiffs and should be examined as a viable alternative when you have been injured as the result of someone else’s negligence.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.