Month: August 2009

Not a day goes by that the highways in America aren’t teeming with big rigs. The 18-wheelers that make the pavement sing as goods are trucked to various locations. Beware tangling with a big rig, as the results are usually deadly.

For commuters on their way to work, for those out on the Interstate byways and country back roads, spotting a big rig is a very common occurrence. They are part of the mosaic of America. They are also deadly instruments of destruction if involved in an accident. In general, most drivers don’t pay that much attention to the big rigs, nor do they give much thought to who is behind the wheel. In most cases, they’re too busy just driving, concentrating on getting from point A to point B quickly. And therein lies the problem.

When car drivers don’t pay attention to what they are doing, or what other vehicles are close to them and what they are doing, this is when accidents happen. Truck drivers are not mind readers. If they were, there would be fewer deadly car/truck crashes. Truck accidents are catastrophic and almost always involve fatalities.

While it’s true that a number of big rig accidents are caused by the truck drivers not obeying the rules of the road, the other factor here is car drivers taking responsibility for their driving habits. It’s a common sense fact that 18-wheelers are much harder to maneuver than a car and take longer to stop. It’s just like the Randy Travis song that says 18-wheelers don’t stop on a dime.

Consider this deadly scenario: a car passes a commercial truck, whips back into the same lane as the truck far too early and then suddenly stops. The truck driver has no hope in avoiding an accident in cases like that. Instead they may jackknife, flip or run over the car that cut them off – not intentionally, but because they can’t stop soon enough.

Many car drivers also make the mistake in thinking that just because they can see the truck, that the truck driver is able to see them. This isn’t the case. Just as there are blind spots while driving a car, there are blind spots for truck drivers. Don’t wind up in one of those blind spots.

Another tactical error that car drivers make if they’re not familiar with how big rigs turn corners, is move around the rig to the right, smack dab in the way of the rig as it turns. The consequences of this are not pretty, and while not usually deadly, there is the potential for serious injuries.

When traveling with trucks, singly or in a convoy, stay clear and well away from them. Give them the space they need to travel safely. Avoid driving between two trucks or getting too close for comfort. Commercial trucks need space, and lots of it. That’s just the way life is and car drivers sharing the roads need to be aware of their own actions and take responsibility to drive with caution.

In the event of an 18-wheeler collision, immediately, despite severe personal injuries, contact a highly skilled attorney to take the case. The road to justice will then be an easier one to travel.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

There have been many adventurous entrepreneurs who launched an enterprise on a wing and a prayer and later realized they were missing some important legal underpinnings. It’s never a good idea to get into something without knowing all the ramifications. This avoids some really nasty revelations later if the rules of commerce and legal p’s and q’s weren’t handled up front.

Not knowing what business related issues may come up is guaranteed to cause problems if all the proper steps aren’t put into place to protect the operation. For instance, all the paperwork needs to be filled out correctly, all the t’s crossed and the i’s dotted, to ensure there is a proper (legal) registered business entity. Any and all transactions undertaken in the name of the business must have the correct legal documentation to back them up. Doing this without the help of expert legal counsel is problematic, as there are so many pitfalls on the road to setting up a business.

Making sure all the documents relating to the venture are correct is one of the first priorities in getting set up, as these papers will come in handy if the firm is sued. This isn’t to say that just because a business has been launched that an in-depth knowledge of the law is required, as that’s what business lawyers are for in the first place. Having a general knowledge would be ideal in order to understand the concepts of structuring an operation and dealing with the day-to-day affairs and paper flow.

Consulting an attorney with expertise in this area is a smart move, because the same lawyer who made sure the business is legal and properly registered will be the same one that is able to keep the legal affairs of the company in order. Whether it’s a partnership, sole ownership or some other entity, such as a limited liability company, the attorney who specializes in this area will have the acumen to keep things on track and allow those involved in the company to run it without worrying about all the legalities.

If contracts are something done on a regular basis, having a working knowledge of how they work would make sense. It’s not required to be an expert in this area, as the attorney will handle that. It’s a given that the law is the purview of the business attorney and although entrepreneurs may like to be informed about the overall picture, it’s best the technical details are left to the lawyers. Business law is highly complex and only a skilled lawyer with extensive experience will be able to provide the best advice for companies.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Even though the law demands you remain at the scene of an accident, exchange information with the other driver and wait for the police if they have been summoned, there are people who take off instead.

Unfortunately, even though the law states those involved in crashes must stop and stay at the scene, there are an increasing number of people who jackrabbit, leaving the other driver wondering how they will recoup from the accident. Generally speaking, there are three possibilities why someone takes off after being involved in an accident: they were DUI, uninsured or unlicensed.

If the driver of the vehicle that took off and left you stranded at the scene is living in the U.S. illegally, there is a good possibility they have no driver’s license. Illegal residents have the ability to buy vehicles at auctions since no one asks for a driver’s license. What usually happens after they have fled the accident is they abandon the car, as it is usually untraceable even if it is recovered.

When it comes to uninsured drivers or those driving while under the influence, these leave a lot more clues as to their whereabouts. While this might be reassuring in terms of catching the culprit, when it comes to uninsured motorists, this will not do you much good. They won’t be able to pay for any damages. You might want to check with your insurer about uninsured motorist coverage, as this will provide compensation for pain and suffering, lost wages, etc. It will also apply to passengers in an accident.

Frankly, in this day and age, it makes a great deal of sense to have as much uninsured motorist coverage as you can afford. Too many things can go wrong when you’re driving and taking the chance that the other driver is also insured is a real risk. Your state may mandate uninsured motorist coverage, so check first before buying auto insurance.

If the driver that hit you was drunk, they may be found and they may also have insurance. Having said that, once again, this is a risk you take if you don’t also have uninsured motorist coverage of your own. If you are able to get the license plate number and a good description of the vehicle, it will help the police look for the culprit. With luck, that driver will be caught and does have insurance.

In cases like this, whether you have uninsured motorist coverage or not, make it a point to speak to an attorney who has extensive experience in dealing with auto accidents. S/he will brief you on how to recover losses if the other driver does have coverage and may be able to assist you in dealing with your insurance company if the driver was uninsured and you are having trouble with your claim.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

In actuality, there is nothing “common” about medical malpractice lawsuits, as they come in a variety of disparate areas.

If you’ve ever picked up a paper and taken a good look at the headlines, you’ll likely see a case or two relating to medical malpractice. At least you will if the case is large enough to garner a fair amount of public exposure. Otherwise, many med mal lawsuits go unreported and virtually unnoticed except for the plaintiff and defendant.

The reality of the matter relating to how frequently medical malpractice lawsuits are filed lies somewhere in the middle. Either they are far more frequent than we believe and doctors have to pay out more in liability insurance (malpractice insurance) or the numbers are not as high as we think because many people don’t realize they have been the victim of medical malpractice or choose not to report it for fear of alienating their doctor. The truth at times is stranger than fiction.

The most up-to-date statistics relating to medication errors are from 2006, the follow-up survey done by the Institute of Medicine. Their updated figures show that from 1999’s first report indicating malpractice caused 98,000 deaths to 2006, the figure shot up to an estimated 1.5 million. Obviously the problem is not getting better with time. This particular set of numbers also showed outpatient clinics were responsible for the largest number of mistakes and deaths than a hospital. On the other hand when hospitals the made a mistake, they made ones that resulted in more severe injuries.

You may be wondering what kinds of mistakes doctors and other medical practitioners make. Generally speaking, the errors fall into five categories: medication errors, misdiagnosis, surgical errors, anesthesia malpractice and birth errors.

Doctors have the initial responsibility to correctly diagnose a patient’s illness. If they don’t get it right there is a high likelihood the treatment and/or medications will also be wrong. Failure to diagnose breast cancer is cited in roughly 40 percent of med mal lawsuits.

Another large percentage of med mal lawsuits are based on medication errors, which could mean the wrong medicine entirely, an incorrect dose, a wrong prescription or the wrong combination of drugs. These kinds of errors will of course make the patient’s condition a great deal worse, or in the extreme, result in wrongful death.

Birth injuries are usually caused by several things that include the doctor failing to provide pre-natal care, not performing tests that would show if there are any fetal abnormalities, not recognizing fetal distress, rushing to deliver the child too soon causing injuries for the mother and child, and providing adequate care for preemies. Negligence in this area may cause clavicle fractures (fractured collarbone), cerebral palsy, Erb’s palsy and shoulder dystocia, etc.

During surgery, just about anything is likely to happen. In most instances of surgical errors, negligence has played a large part in the death or injury. Generally speaking most injuries or deaths are the result of negligent pre-op planning and after surgery care. Other errors include not giving the right dose of anesthesia, performing the operation on the wrong part of the patient’s anatomy, puncturing an internal organ and leaving instruments in the body.

Of course anesthesia is a part of surgery and this calls for precision and a great deal of expertise in making sure the right dose is given and there are no pre-existing conditions that may complicate matters. The wrong dose may be fatal or cause serious long-term difficulties for the patient.

Medical malpractice may be found in just about any setting from the hospital to a pharmacy and from a dental office to the clinic of a gynecologist. If you think you may be a victim of medical malpractice, do not hesitate to contact a highly qualified medical malpractice attorney to find out what your rights are and have your potential case assessed.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.