wgelaw.com

If you are injured in an auto accident, learn about your rights by reviewing the following frequently asked questions.

How do I know if I have an auto accident claim?

As with other personal injury cases, you will need to prove that the other party was either partially or fully at fault (negligent) and that you were injured because of that negligence.  An attorney will be able to review the facts of your case and determine if you should proceed with the filing of a lawsuit for damages.

What type of compensation may I be eligible for?

Depending on the circumstances of your case and applicable state law, you may be eligible to receive compensation for damages resulting from your injury, including medical bills, lost wages, physical disability or disfigurement, pain and suffering, and/or property damage.

Why should I hire an attorney that specializes in auto accidents?

An experienced auto accident attorney will be familiar with the laws that apply to your case and will be knowledgeable about a number of factors related to auto accident claims, including accident investigation techniques, successful insurance negotiations, and adequate compensation for damages.

A family member was killed in an auto accident. Can I file a lawsuit on their behalf?

You may be able to file a wrongful death claim on your loved one's behalf. Contact an attorney who can review the facts of your case and advise you as to how to proceed. 

People have the right to expect that a product that they purchase will not harm them. Unfortunately, this is not always the case and when a person is harmed by a product they may be able to file a product liability lawsuit. Review the following frequently asked questions regarding dangerous product lawsuits to learn more about this area of the law.

What types of products fall under product liability laws?

Just about any consumer product can fall under product liability laws. This could be products such as furniture, appliances, toys, clothes, cars and car parts, food, and much more.

Who do I sue when filing a product liability lawsuit?

If you are injured or someone you love is killed by a defective product, you may be able to sue the manufacturer and/or the retailer of the product for compensation.

What counts as a "defect" under the law?

A product defect can include a flaw in the design, a manufacturing error, or a failure to provide a proper warning about correct use of a product.

What type of compensation can I receive?

In a product liability lawsuit, you may be able to receive compensation for your injuries, lost income, medical expenses, pain and suffering, and other damages. In claims involving fatal injuries from defective products, wrongful death attorneys can help surviving family members pursue compensation for funeral expenses, loss of companionship, and other damages related to your loved one's death.

What should I do first?

It is best to discuss the specifics of your case with qualified personal injury lawyers to determine if you should file a lawsuit, who to file it against, and what compensation you should seek. Every case is different and an experienced lawyer will give you your best chance of success with this type of lawsuit.

Premises liability is an area of law that addresses the responsibility of homeowners and business owners to protect others from potentially dangerous conditions or defects on their property. The following frequently asked questions provide more information about premises liability law.

What if the property owner didn’t know the property was dangerous?

If the owner of the property should have reasonably known of the possible danger, they can still be held liable for any injury or death that happened on their property.

Who can be held responsible in a premises liability lawsuit?

Many times there is more than one party that could be responsible for your injury. Property owners, landlords, tenants, security companies, management companies, and any other parties who were responsible for maintaining the property may potentially be held liable for your injuries.

Is it hard to prove fault in a premises liability case on a business property?

It can be. Depending on the job descriptions of the property manager, business employees, business owners, and other parties, it could be difficult to sort out who is responsible for your injuries. That’s why you should seek the counsel of a qualified premises liability attorney if you are injured at a place of business.

What kind of damages can someone recover in a premises liability lawsuit?

With a premises liability claim, victims can potentially recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, physical disability, and other damages.

If you are injured in a slip and fall accident or another type of premises liability accident, you may be eligible to file a personal injury claim to recover damages. If your loved one dies as a result of premises liability, a wrongful death claim can be filed to seek compensation from the responsible parties.

Drowsy or sleepy drivers pose almost as big a threat as drunk drivers. In most cases, many drivers can’t even tell when they are getting sleepy. Unfortunately, when drowsy drivers cause accidents that result in serious or fatal injuries, they may face personal injury or wrongful death claims from victims and their families. To avoid this, the best strategy is to recognize the dangers of drowsy driving and take precautions to stay safe on the road.

The Statistics of Drowsy Driving

A recent study by the National Sleep Foundation found that 60 percent of adult drivers admit driving while feeling sleepy in the past year, and 37 percent admit to falling asleep while driving. Among those drivers who admit they have fallen asleep, 13 percent of them say they have done so at least once a month! An estimated 4 percent say they’ve either had an accident or almost had an accident because they drove while being sleepy or fallen asleep while driving. Drowsy drivers account for approximately 100,000 car accidents a year in the United States.

Drowsy Driving Laws

While the laws regarding drowsy driving vary from state to state, more states are taking notice of drowsy drivers and stiffening their laws and penalties. If a drowsy driver is involved in an accident that results in a death, that driver could face charges from manslaughter to negligent homicide or vehicular homicide, depending on the laws of the state in which the accident occurred. These charges would be in addition to any civil claims filed against the driver by victims.

Additionally, the U.S. Department of Transportation issued new regulations in 2005 that address commercial truck drivers. Truckers are now prohibited from driving more than 11 hours at a stretch, working longer than 14 hours a day, and driving more than 60 hours in a seven-day period or 70 hours in an eight-day period. It is also required that truckers have at least 10 hours off between shifts and have a 34-hour time frame to recover from cumulative fatigue.

Tips for Staying Awake

There are some simple rules you can follow to avoid becoming a drowsy driver:

Get enough sleep. Make sure you get a good night’s sleep before starting on a trip and drive during the times you are normally awake. Stop at night and sleep – don’t drive straight through the night.

Take a Break. If you’re on a long trip, you should stop approximately every two hours or 100 miles for a break. Get out and walk around, get something to eat or drink. If you feel sleepy stop sooner rather than later.

Talk. If you’re traveling with passengers, talk to each other to help maintain an awareness of your level of drowsiness. Because it’s very difficult to know when you are getting drowsy, have your passenger tell you if they think you are sleepy. Listen to them and pull over.

These simple safety tips can help drivers avoid unnecessary auto accidents.