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Phone: 1-800-WE-FIGHT
             (718) 568-3585

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Phone: (800) 933-4448

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Archive for the ‘Trucking Accident Lawyers’ Category

Defective Guardrails. Defective Guardrail Lawsuit.

Wednesday, June 9th, 2010

One may think that a guardrail cannot be defective.  However, that thought is false.  A guardrail can be defective in the following ways:

1) Design defect of the guardrail; 2) manufacturers defect of the guardrail; 3) incorrect installation of the guardrail; 4) faulty guardrail maintenance; and 5) negligent or shoddy guardrail repairs.

The purpose of a guardrail is obvious.  But, what most people do not know is that a guardrail must react to a collision in a specific way.  If someone is involved in an accident on the road involving a guardrail and that accident was catastrophic in nature, the accident many times could have or should have been minor if it wasn’t for the guardrail.

The key to successfully litigating a defective guardrail case is to follow up with an attorney immediately so that the proper photographs and investigation of the guardrail can be conducted by your lawyers experts.

If you or a loved one were involved in an accident and a guardrail was hit please call the Guardrail Lawyers at 1(800)WE-FIGHT for a free consultation.  No fee unless we win your case.  We have convenient locations all over New York.  Hospital and home visits are available.


Tuesday, February 12th, 2008

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

View Full Article

Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at or use our free “Ask an Attorney” email service.

Gas Tanker Crash, Fire Closes LI Expressway – Call an attorney at 1(800)WE-FIGHT

Monday, January 7th, 2008

Gas tanker crashes are becoming more coming, especially in high density areas in New York.  Filing a suit agains gas tanker companies can raise some complexity as the company or companies involved are usually out of state.  This may raise the legal issue of dealing with a personal injury civil suit in federal court (as the defendant will almost certain remove the case to federal court).

As such, it is important to retain a lawfirm with experience in these types of cases so they are ready to defend against and/or preempt a motion to remove the case to federal court.

Another issue that you contend with in these types of cases as a lawyer is the statute of limitations.  Depending on what state or what court, (state or federal level), the case ends up in will control the statute of limitations on the case.  Thus, the proper preparation and legal research is critical

If you or a loved one has been injured in a gas tanker accident please call us today, do not delay as the law limits the amount of time you have to file a claim.

Traumatic Brain Injury – Call a lawyer at 1(800)WE-FIGHT

Monday, January 7th, 2008

Traumatic brain injury is a devastating experience for the injured party and their family.  However, there is a similar condition most injured persons involved in an accident do not know about.  It is a condition known as diffuse cerebral dysfunction or minor traumatic brain injury.

It is important to realized that diffuse cerebral dysfunction comes in two type, reversible and irreversible.  Whether it is traumatically induced or not is for a doctor to determine.  But it is critical that a person injured in an accident know the warning signgs which are, including but not limited to: difficulty concentrating, mood swings, short term memory loss (becoming suddenly forgetful about things), headaches and difficulty sleeping.

A shocking fact about minor traumatic brain injury is that the accident does not require a violent impact.  A simple jerk of the neck or bump on the head can cause it and result in a lifetime of struggle and permanent damage.  Once an injured accident victim understands the risks and realizes they need to see a doctor immediate examination by a doctor and treatment (if needed)  is critical.  A doctor known as a neurologist and then a neuropsychologist is the appropriate medical professional to see.  I would advise to first see your primary care doctor with your symptoms or complaints and have him or her determine whether a referral to a neurologist is the correct medical strategy.

If you or a loved one is experience the above symptoms and believe you might have minor traumatic brain injury from an accident your were involved in call an experienced brain injury lawyer right away.  The longer you wait the more difficult it will be to make you whole again.

Mild Traumatic Brain Injury – Call an attorney at 1(800)WE-FIGHT

Saturday, January 5th, 2008

Minor traumatic brain injury or mild traumatic brain injury occurs in many accidents and most people are not even aware that they have it.  It goes undiagnosed by many doctors.  It is typical in car accidents when someone sustains a head or a whiplash injury.  The difficulty in diagnosing this condition is that many times the condition arises in accidents that involve minor impacts not just severe impact collisions.

It is important to know the warning signs or symptoms and go the a neurologist who will be thourough in his examination and take a full history.  Moreover, choosing the right lawyer who is experienced in these types of injuries and cases is critical.

If you or a loved one has been in a car accident or any type of accident and you suspect minor traumatic brain injury please call the for a free consultation at 1(800)WE-FIGHT.  Do not delay as the law limits the amount of time you have to file a claim.

Traumatic Brain Injury – Call 1(800)WE-FIGHT for a free consultation.

Saturday, January 5th, 2008

can be caused by many types of accidents.  Unlike minor traumatic brain injury, traumatic brain injury lends itself to accidents involving severe impacts. 

You usually see traumatic brain injury in accidents involving trucks or motorcycles or construction accident cases.  This list is not exclusive, obviously, and it should be noted that traumatic brain injury can also happen in seemingly less serious accidents.

Navigating through the complex medical records and reports meticulously when reviewing whether a person has sustained a traumatic brain injury is critical to success in the courtroom.

Attorneys experienced with traumatic brain injury cases have an advantage.  Choosing the right brain injury lawyers in New York makes all the difference.  If you or a loved one were in an accident and have sustained traumatic brain injury call the New York Brain Injury Lawyers right away at 1(800)WE-FIGHT.

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