What To Do If You Are Involved in a Truck Accident

Trucks are involved in thousands of accidents each year, and the type of accidents involving trucks (semi-trucks, vans, dump trucks, fire trucks, and tractor trailers) can be very serious due to the size of the vehicles involved and the potential danger of what the truck may be carrying. As a result of the tremendous size and weight of these vehicles, collisions that involve trucks often cause serious injuries and fatalities to people in smaller passenger vehicles. Another significant difference between an auto accident and an accident involving a semi-truck or a tractor-trailer is that the truck is usually owned by a company, either large or small.

The government has created more laws to make trucking safer and to reduce the risk of accidents, and trucking companies have increased safety procedures, training, and awareness for their trucking staff; however, due to the growing number of trucks on the road, the number of truck accidents has increased.

People involved in a truck accident could be eligible for compensation, and there are now many lawyers who are experienced in dealing with truck accident claims.

If you or a loved one is involved in an accident involving a truck, you should obtain the following information as soon as safely possible after the accident:

A copy of the police report, including the report number and the name of the investigating officer(s)
License plate number of all vehicles involved
Any company names or identification information on the cab and trailer
Driver information including name, drivers license number, and insurance information
Insurance information for the truck and trailer owner
Length of skid marks if visible
The condition of the truck's tires
Road conditions at the time of the accident
Names and contact information of any witnesses
Names and contact information of anyone taking pictures or questioning witnesses/participants

In addition to gathering the above information:

Take photographs of all vehicles involved and of the scene of the accident (if possible)
Seek medical attention as soon as possible
Obtain a copy of your medical examination report
Contact a truck accident attorney as soon as possible

You should also be aware of what not to do if involved in a truck accident:

Do not make statements without first discussing the situation with an attorney. If asked to give a statement to police, only state specific facts. Do not state opinions or accept responsibility for the accident
Do not sign anything other than the police report (after thoroughly reading it)

Federal laws that govern the trucking industry are different than automobile laws, and these differences drastically change the way an accident is handled. You need someone on your side that understands the complexity of trucking law and is prepared to fight to get you the compensation you deserve.

If you or a loved one has been involved in a truck accident in Washington D.C, Maryland or Virginia, please contact one of the dedicated truck accident attorneys at Chaikin & Sherman, P.C. today.

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Virginia Workers Compensation Denied: The Important Questions

If your comp claim was denied for Virginia Worker's Compensation, then as an injured worker there are some questions you need to ask about the denial of your claim. The insurance company letter will typically say your work place injury & accident is "not compensable" under the Virginia Workers' Compensation Act. You need to ask yourself the following questions:

1. Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?

2. Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?

3. Did you immediately go to a doctor or an emergency room that day or at least the following day?

4. If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?

5. Was there a witness who can confirm your accident and is he or she willing to come forward?

6. Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?

7. Were you doing a work activity at the time of the accident or were you on a personal mission or errand?

8. Were you the victim of horseplay by a fellow employee?

9. Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?

10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11. Did you injury occur as the result of a fight with a co-worker or your boss?

12. If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.

If your denial involves any of the above circumstances, then you should not talk to the insurance company but rather you should talk immediately to an attorney who specializes in Virginia Workers Compensation. You can check my article, "How to Choose the Best Virginia Workers Compensation Attorney." Knowledge of your problem is your best weapon.

Copyright 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond, Virginia area for over 30 years He was given an "AV" rating by Martindale- Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.

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The Diligence of a Good Father of a Family

In any accident, whether it is a major or just a minor one, expect that a personal injury can be just around the corner. The accident that a person may be involved in would vary from a vehicular accident, a slip and fall accident, a construction site accident, an animal attack accident, a medical malpractice, a work-related accident, or a construction site accident. In any of these accidents, sustaining a personal injury is considered inevitable.

Obviously, the personal injuries that can be sustained can also vary depending on what part of the body that the victim has been hit or struck. If it is the head that has been hit, the personal injury may be a brain injury. If it is the back, it can be a spinal cord injury, and so on and so forth. But again, regardless of the absence of any major damage in the victims body, it is to be emphasized that a personal injury lawsuit is still available and proper. No matter how minimal or minor the damage could be, the victim can still file a case against the person that caused the personal injury.

Now, if and when in an accident you suffered personal injuries, you as a victim must make the necessary demand and file the necessary claim against the person whose recklessness has caused the accident. You should hold responsible the negligent person who caused you the injuries. Why is this so? This is because under the law, we are all tasked with the obligation of conducting our affairs and actions with the diligence of a good father of a family. But what does this means? The diligence of a good father of a family suggests the kind of diligence that we should all practice when we are dealing with others and conducting our affairs. The diligence of a good father of a family reminds us to deal or conduct ourselves to others with the kind of diligence that we ourselves ought to exercise in handling the affairs of our own family. By keeping this in mind, we will always be reminded to be careful and cautious in our dealings and transactions with others.

"Our Professional Los Angeles Lawyers specialize in all fields of Personal Injury, Employment, and Disability Laws."

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Free Living Will and Free Living Will Forms Online

Looking for a free living will? If you are preparing your finances and other personal matters for your retirement and want to make sure that your family members are taken care of in the event of your death, you will need one. There are several useful sites online where you can download a free living will form to use for your needs. You can chose generic forms based on your state, as each state has different laws regarding living wills.

Many of the free living will sites online will recommend that you use their free will forms as something to cover general purposes, but not to act as a substitute for seeking the advise of an actual estate attorney or lawyer. If you have a lot of complicated estate needs, you might consider hiring an estate planner or lawyer to write up your will.

Another thing to consider as you write your free living will is to make sure that you assign a power of attorney and executor of your will. If you have an accident and are incapable of making health decisions (advance directives), you will need a health care advisor to carry out your requests in the event that you are in a coma or on life support machines. Something is better than nothing, so if you are unable to afford an attorney at this time, at least get started with your temporary free forms so that you have something legal in place for your future.

Did you know that if you cannot afford a lawyer to draw up certain estate papers, that you can find a free living will form online that you can print right at home? If you have a basic need for a living trust and you want to print a free living will form to have on hand in case of your illness or death, it is a good idea when you are preparing for your retirement. Using an online free living trust form should not replace seeking professional advice from a lawyer, but if you cant afford a lawyer, it is the next best thing.

Once you print your free living will form and fill in your crucial information, you might be wise to have it signed and stamped by a notary public in your area. This notary signature will act as proof of your documents existence and that the signatures on it are valid. You can also find a lot of other free estate planning forms online that you can use when planning your retirement.

In addition to a free living will form, look for durable power of attorney, advance directives (health care advisories) and any other special forms regarding the executor of your estate. Gather all of your important documents like car pink slips, mortgage loan documents, and anything else that can be useful in the event of your death or incapacity, and make sure that a family member or child, or a lawyer, knows of their location and existence. Planning ahead now will save your children from a headache later.

For more information on retirement planning and senior care visit us at:

http://www.best-senior-care-online.com

J.J. Nielson is a successful internet publisher and author.

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Real Estate Bankruptcy

Although real estate bankruptcy cases no longer dominate the bankruptcy courts' dockets as they did in the early nineties, but they continue to be filed with great frequency in UK. At its essence, the real estate bankruptcy is a two party dispute between mortgagee and mortgagor. Real estate bankruptcy cases are typically filed after a foreclosure sale has been set. Upon learning of the bankruptcy filing, a secured creditor has a number of available options, all or some of which should be exercised, depending on the facts of the case, to maximize loan recovery.

A lender can ask the court to dismiss the bankruptcy case as a "bad faith" filing. A creditor asserting bad faith must prove the subjective bad faith of the debtor and that any reorganization by the debtor is objectively futile. For subjective bad faith, the court will examine whether the debtor invoked the protections of the Bankruptcy Code without either the intention or ability to reorganize its financial affairs. To determine objective futility, the court will examine whether there is indeed a "going concern" to preserve and whether there is any realistic chance for the debtor to reorganize. Most courts require a very strong showing to dismiss a case for bad faith at the outset of a case.

Under the Bankruptcy Code a motion for relief from stay will also be granted where the secured creditor can prove that there is no equity in the real property over and above the secured claims, and that the property is not necessary to the debtor's effective reorganization. This basis for relief is typically alleged as an alternative to bad faith, in the same motion. Almost all controversies surround the value of the real property, making the expert report and testimony of a licensed real estate appraiser essential to the successful prosecution of a motion for relief from the automatic stay on these grounds. The same factors relied upon to support objective futility in the bad faith filing analysis are used to establish that the property is not necessary to an effective reorganization.

An alternate ground for relief from the automatic stay is lack of adequate protection of the secured creditor's interest in the property. For example, if the real property is deteriorating in value and the lender is not receiving post-petition payments, the lender's security interest in the property is not adequately protected.

A creditor holding a properly perfected assignment of rents has a lien on "cash collateral" under the Bankruptcy Code. If the assignment of rents was properly perfected pre-petition, it usually attaches to the post-petition rents generated by the debtor's real property.

A debtor may not use cash collateral without either a court order or the consent of the secured creditor. While it is common in nonsingle asset realty cases for a debtor to negotiate a cash collateral agreement with the secured creditor before filing for bankruptcy, in single asset real estate cases, which are typically filed at the eleventh hour for the express purpose of stopping a foreclosure, such negotiations are virtually nonexistent.

Unless, within the first day or two of the case, the debtor requests a cash collateral agreement with the lender, or files a motion with the court to authorize the debtor's use of post-petition rents, a lender should immediately advise the debtor in writing that it may not use cash collateral absent an agreement. If an agreement is not reached, the debtor will usually petition the court for authorization on an emergency basis. The lender can also petition the court to deny authorization on the basis that the debtor lacks the ability to adequately protect its interests in the rents. In the final analysis, most secured creditors share the same objective when faced with a real estate case: to extract their collateral, including rents, from the bankruptcy as quickly and inexpensively as possible.

About The Author

Writer of this article is working as a webmaster of www.ukadvice.com. Also writes business related articles for different article sites. For further details and free bankruptcy advice:

Naylor Parkes Associates Ltd.
Lawford House, Lawford Close
Birmingham
B7 4HJ
West Midlands
United Kingdom.

http://www.ukadvice.com

webmaster@ukadvice.com

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