Big Rig Collision with School Bus Causes Rollover and Injures Special Needs Adults
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October 12, 2011 - As many of you know, we are a school bus accident attorney, which is basically the same thing as a personal injury lawyer. I like to cover these stories that involve commercial vehicles the most. According to reports special needs adults were injured when the bus they were riding on collided with a big rig. According to authorities special needs adult education students were injured when the school bus they were traveling in was involved in an accident with a big rig near Dixon at approximately 7:25 a.m. The car accident occurred on Hackman Road in the vicinity near Runge Road.
According to witnesses the school bus and the big rig were both heading eastbound on Hackman Road when the accident occurs.
Investigators stated the school bus crossed double yellow lines to pass the big rig that was traveling at approximately 20 miles per hour. The bus while passing the truck was involved in a collision when the big rig made a left hand turn, striking the bus.
The school bus crash that occurred between Sacramento and Vacaville was carrying adult special needs education students between the ages of 18 and 22 years old. The students were transported to the hospital with minor injuries.
The bus driver was injured in the rollover crash and was transported to the hospital and admitted. The driver of the big rig was uninjured in the collision. The obvious issues for discussion initially, are the liability of the bus operator for negligence in attempting to pass the big rig. Assuming this involved a public school bus, there will also be he issue of governmental claims. We will discuss more about the case, as the facts develop.
This was a free message from the school bus accident lawyer at Ehline Law Firm PC 201 Wilshire Blvd., Second Floor, Santa Monica, CA 90401. 310-376-8488.
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Big Rig Collision with School Bus Causes Rollover and Injures Special Needs Adults
AppId is over the quota
October 12, 2011 - As many of you know, we are a school bus accident attorney, which is basically the same thing as a personal injury lawyer. I like to cover these stories that involve commercial vehicles the most. According to reports special needs adults were injured when the bus they were riding on collided with a big rig. According to authorities special needs adult education students were injured when the school bus they were traveling in was involved in an accident with a big rig near Dixon at approximately 7:25 a.m. The car accident occurred on Hackman Road in the vicinity near Runge Road.
According to witnesses the school bus and the big rig were both heading eastbound on Hackman Road when the accident occurs.
Investigators stated the school bus crossed double yellow lines to pass the big rig that was traveling at approximately 20 miles per hour. The bus while passing the truck was involved in a collision when the big rig made a left hand turn, striking the bus.
The school bus crash that occurred between Sacramento and Vacaville was carrying adult special needs education students between the ages of 18 and 22 years old. The students were transported to the hospital with minor injuries.
The bus driver was injured in the rollover crash and was transported to the hospital and admitted. The driver of the big rig was uninjured in the collision. The obvious issues for discussion initially, are the liability of the bus operator for negligence in attempting to pass the big rig. Assuming this involved a public school bus, there will also be he issue of governmental claims. We will discuss more about the case, as the facts develop.
This was a free message from the school bus accident lawyer at Ehline Law Firm PC 201 Wilshire Blvd., Second Floor, Santa Monica, CA 90401. 310-376-8488.
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Michigan motorcycle accident special issue of strict Newsletter - July 2010
-Michael j. Smith, Waterford, MII chose Larry Buckfire as my medical malpractice lawyer for a wrongful death lawsuit against the VA Hospital in connection with the death of my father. He settled the case before filing a complaint. I will give it the top rating for a medical malpractice attorney of Michigan. He's the best!
-Sharon A., Ann Arbor, MIIf you need a personal injury lawyer in Michigan, I recommend Buckfire & Buckfire P.C. You won a Saginaw nursing home neglect settlement for my father, after the case rejected two other law firms.
-Jeffrey R., Detroit, MIWhen, I was in a Lansing-bicycle accident injured, I chose the company, in my no-fault insurance lawsuit represented me and mean to claim uninsured motorists. They made the insurance company to pay the whole directive and all of my services. If you are looking for the best car accident lawyers in Michigan, call them now!
-Robert M., Lansing, MII malpractice lawyer contacted the firm after researching on the Internet for Michigan. My mother died during surgery at a hospital in Lansing. Larry Buckfire proved that an anaesthesia error was the cause of her death. He won the major settlement in our unlawful death process and we are grateful for his hard work.
-Sherrie H., Chicago, ILAfter are suffering serious injuries in a car accident in Ann Arbor, I wanted the top Michigan auto accident attorney to my case handle. I chose Daniel Buckfire. Each time, when I was with other lawyers in Michigan, someone would say, we were as happy that "best". So thanks again!
-Pat V., Cleveland, OHmore
Special rules for Dallas-Fort Worth teen drivers
As students at Dallas-Fort Worth recently again went to school, I thought it would be a good time to teen everywhere remind drivers of the specific laws for learner drivers. As a Texas personal injury lawyer I know that drivers drivers, that the most vulnerable will are suffering serious injuries in a car accident teen, so that it is essential that young people always on security every time get them behind the wheel.
As a major cause of fatal traffic accident in Texas is driver, distracted to drive, which in the age of 18 prohibits any electronic devices while driving. This means no calls even if your mobile phone-powered hands can be free. Since SMS is so dangerous while driving, it is good, in the habit of jetzt-and try distracted to drive to contain older like you also be.
Only when distracted driving time is so dangerous, so driving is, while intoxicated. Since the legal drinking limit in Texas 21, the State has a zero tolerance approach to any teen drivers that drink and drive - regardless of how little alcohol in your system you can have.
If you have been through the castle the driver license program, you know how much work you have to come to, where you are today. Not all take a stupid error make way. As a qualified driver, you have a responsibility for your safety and your passengers - as every other road users. The traffic can be chaotic at the best of times, in DFW, so it is important, always, always focus where you go as possible as security.
If you or a loved one in a traffic accident that was not your fault was injured, call an assault and unlawful death lawyer for a free, no obligation consultation on your personal situation. Call the Anderson law firm toll free at 800-354-6275 even today.
Governor Haslam tells brain injured people and parents of special needs children, their injuries are not disastrous
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Governor Haslam has proposed that non-economic damages should be capped in injury (tort) cases. In Tennessee juries are trusted to sentence a man to death, but apparently the Governor does not trust a jury, in injury cases, to determine the proper amount of compensation for victims of someone else’s wrongdoing. Did you get that? Governor Haslam is protecting the wrongdoers at the expense of their victims. This law does not apply to corporations, only to people like you and me. Corporations, who can only be injured economically, get every penny a jury finds owed to them, even if it is a lot.
Whether you agree or disagree with that doesn't really matter, as the Tennessee Legislature is controlled by Governor Haslam's party and they can pass whatever legislation they want. Apparently they want to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer.
So what does this mean? First, let’s talk about the wrongdoers.
If you intentionally injure someone in the process of committing a crime (that doesn't constitute a felony) you don't have to pay as much. The Governor is going to protect you from a runaway Tennessee Jury! The Governor is looking out for the rights of Mr. Wrongdoer and the victims' damages are going to be capped. (Lets be fair, the money coming to you as compensation for your actual damages will be limited or capped, there is still a chance to get punitive damages, but these are rarely awarded and, if they are awarded, are taxable. So the only full damages you get in these case are the ones in which the government gets a part.). A sexual abuse victim has personal problems? "Suck it up" says the Governor. The wrongdoer causes your child or spouse to be brain injured so that they can never interact socially with their class or peers? Move on says the Governor, “I need to protect these wrongdoers.” So that is the first part of the reform Governor Haslam feels compelled to pass on behalf of the wrongdoers in the state of Tennessee.
The second part of this tragedy is that the Governor will allow some catastrophically injured Tennesseans to receive more than others. According to KnoxNews.com The administration late last week released changes to the bill that would create a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns or the death of a parent of minor children. Now these few categories excludes all brain injuries, apparently they are not catastrophic. Having to wear a urine drainage bag or diapers to catch your excrement and fluids as a twenty year old, chronic pain, etc... not catastrophic. Unable to ever have children because of someones wrongdoing? Not catastrophic. Does the Governor really believe he is all seeing and all knowing? Shouldn't we let a jury, on a case by case basis, decide this after hearing all the facts? I guess if you don’t trust the people of the state of Tennessee to do the right thing…
Now I have to admit many of my clients are brain injured, and catastrophically so even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many cases their personalities have changed and they are not the same spouse or parent they used to be. They get divorced and estranged from their kids. They have to move in with their children and need to be monitored. They essentially died, but their life goes on.
This bill will impact many of my clients with brain injuries, and they will get less, and their families will get less. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be classed as catastrophically injured in advance of knowing all the facts. I believe he should leave it up to a jury of 12 Tennesseans, hearing the facts of a case, to decide the issue.
Then their are the parents of special needs children. If you die it is not a catastrophic loss according to the Governor. Only if the children are minors can you get more, but still not the full amount of your damages. If you have adult special needs children? So sorry, you are out of luck. That is not catastrophic says the Governor. Take care of a parent that now needs to go into a nursing home? Not catastrophic says the Governor. It seems to me that if the legislature allowed catastrophic damages to any Tennessean that dies with a dependent it would be fairer (still limited in recovery, but at least not pitting one group against another and saying you don't deserve as much as others with dependents.).
Finally, no one, not even the judge, can tell members of the jury this travesty is happening. After the jury renders a fair verdict, the judge is required to cut it down and make it unfair to the victim. Note that if the original verdict was against the evidence, and unfair to the defendant, the law already requires the verdict to be reduced. This new law only impacts victims.
A copy of the Governor's shameful bill may be found here. You don’t think this is fair? Call your state representatives now (you can find your representatives here), but don’t expect them to change their minds, because you are just the sort of whacked out Tennessee citizen that might one day be on a jury... and the Governor doesn't trust you.
The Governor's proposed law, relevant sections in bold:
29-39-102.
(a) In any personal injury or wrongful death action, the prevailing
plaintiff may be awarded:
(1) Compensation for economic damages suffered by the
injured plaintiff; and
(2) Compensation for any noneconomic damages suffered
by each injured plaintiff not to exceed seven hundred fifty
thousand dollars ($750,000).
(b) If multiple defendants are found liable under the principle of
comparative fault, the amount of all noneconomic damages, not to
exceed seven hundred fifty thousand dollars ($750,000) for each injured
plaintiff, shall be apportioned among the defendants based upon the
percentage of fault for each defendant, so long as the plaintiff's
comparative fault is not equal to or greater than fifty percent (50%).
(c) All noneconomic damages awarded to each injured plaintiff,
including damages for pain and suffering, as well as any claims of a
spouse or children for loss of consortium or any derivative claim for
noneconomic damages, shall not exceed in the aggregate a total of seven
hundred fifty thousand dollars ($750,000).
(d) If an injury or loss is catastrophic in nature, as defined below,
the seven hundred fifty thousand dollar ($750,000) amount for
noneconomic damages, as set forth in subsections (a)(2) through (c) may
be increased to, but shall not exceed, one million two hundred fifty
thousand dollars ($1,250,000).
(e) "Catastrophic loss or injury" means one or more of the
following:
(1) Spinal cord injury resulting in paraplegia, hemiplegia or
quadriplegia;
(2) Amputation of two hands, two feet or one of each;
(3) Second or third degree burns over forty percent (40%)
or more of the body as a whole or third degree bums up to forty
percent (40%) percent or more of the face; or
(4) Death of a parent who is survived by one or more
minor children.
(f) The limitation on the amount of noneconomic damages
imposed by subsections (a)(2) through (e) shall not apply to actions
brought for damages or an injury resulting from an act or omission by a
defendant:
(1) If the defendant committed an act or omission that
would constitute a felony under the laws of this state or under
federal law and that act or omission caused the damages or
injuries; or
(2) If the defendant was under the influence of alcohol or
under the influence of drugs other than lawfully prescribed drugs
administered in accordance with a prescription.
Georgia car crashes with disabled drivers: special features
Disabled drivers to operate vehicles in Georgia one must take the driver test as well as someone who is not disabled. Although reviewers are aware of the fact that a little longer some maneuvers take someone with a disability and can, that she may be specially equipped, is actually vehicles the driver continues to maintain the right speed limit and keep on other traffic laws security throughout their behind-the-wheel driving test required.
The main concern that if someone with a disability is planning on specially equipped vehicle is a driving school, that the driver in control of the vehicle at any time during the journey. Proper use of vehicle controls should be interpreted by the controller, so that they can decide whether the person passed.
If disabled for insurance cover for a customized vehicle search, they also can perform some challenges. The insurance company can take the position, that the disabled person a with high risk drivers. Similar to as someone who has premiums and/or a limited stuck a bad driving record with higher, is a disabled driver may not be able to get the same coverage in the same height as a driver, not disabled. The insurance company may require more than just proof that a driver's license has a disabled person. The insurer a letter by the disabled person often requires doctor, that disabled drivers safely the modified motor vehicle can work.
A disabled driver is required, safe to the same standards and obey traffic law security, but additional constraints can be imposed on his or her driving privileges. A disabled person is involved in a Georgia motor-vehicle accident, a disabled person is liable for injuries as a result of inattentive or careless driving practices and constraints special license non-compliance. A disabled person who is injured in a serious car accident in Georgia is also entitled, recover damages if the other driver error, or the negligence of a third party contributed to the Georgia motor-vehicle accident.
If a disabled person driving a vehicle is in an accident involved is, they can with unique challenges facing and closer to be tested. The insurance for the other driver examined, and examine, whether the driver his car disabled, when operation was an adapted vehicle, in a controlled way. The insurance company can also try to see that the disabled driver could not applicable match driver license restrictions. The insurance company can also try to use these questions to support its position that the disabled drivers in error or to minimize the percentage of fault of were insured. The other driver insurance company may require that the disabled person modified vehicle, as well as physical or mental limitations of disabled driver caused or contributed to, the Georgia motor-vehicle accident.
It is important to seek immediate advice of a lawyer Georgia personal injury, if you are disabled and have been adjusted with your vehicle in a car accident. It can blame even his product to adapt questions of liability related to the equipment of the vehicle, the manufacturer or installer of the equipment for the accident. Our experienced Georgia motor vehicle accident lawyers examine carefully to our customers receive accidents to facts and evidence which will protect their rights and claims for compensation for their serious injuries.
If the careless or inattentive driving you hurt by someone in a motor vehicle accident Georgia seriously who are entitled to financial compensation. Montlick and Associates, we have customers in Atlanta car accidents and car accidents in very Georgia more than 27 years is, was. Our knowledgeable and experienced Georgia motor vehicle accidents lawyers fighting for the best interest of our customers. The Atlanta Motor vehicle accident law firm Montlick & Associates is customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, helping Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
Governor Haslam tells brain injured people and parents of special needs children, their injuries are not disastrous
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Governor Haslam has proposed that non-economic damages should be capped in injury (tort) cases. In Tennessee juries are trusted to sentence a man to death, but apparently the Governor does not trust a jury, in injury cases, to determine the proper amount of compensation for victims of someone else’s wrongdoing. Did you get that? Governor Haslam is protecting the wrongdoers at the expense of their victims. This law does not apply to corporations, only to people like you and me. Corporations, who can only be injured economically, get every penny a jury finds owed to them, even if it is a lot.
Whether you agree or disagree with that doesn't really matter, as the Tennessee Legislature is controlled by Governor Haslam's party and they can pass whatever legislation they want. Apparently they want to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer.
So what does this mean? First, let’s talk about the wrongdoers.
If you intentionally injure someone in the process of committing a crime (that doesn't constitute a felony) you don't have to pay as much. The Governor is going to protect you from a runaway Tennessee Jury! The Governor is looking out for the rights of Mr. Wrongdoer and the victims' damages are going to be capped. (Lets be fair, the money coming to you as compensation for your actual damages will be limited or capped, there is still a chance to get punitive damages, but these are rarely awarded and, if they are awarded, are taxable. So the only full damages you get in these case are the ones in which the government gets a part.). A sexual abuse victim has personal problems? "Suck it up" says the Governor. The wrongdoer causes your child or spouse to be brain injured so that they can never interact socially with their class or peers? Move on says the Governor, “I need to protect these wrongdoers.” So that is the first part of the reform Governor Haslam feels compelled to pass on behalf of the wrongdoers in the state of Tennessee.
The second part of this tragedy is that the Governor will allow some catastrophically injured Tennesseans to receive more than others. According to KnoxNews.com The administration late last week released changes to the bill that would create a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns or the death of a parent of minor children. Now these few categories excludes all brain injuries, apparently they are not catastrophic. Having to wear a urine drainage bag or diapers to catch your excrement and fluids as a twenty year old, chronic pain, etc... not catastrophic. Unable to ever have children because of someones wrongdoing? Not catastrophic. Does the Governor really believe he is all seeing and all knowing? Shouldn't we let a jury, on a case by case basis, decide this after hearing all the facts? I guess if you don’t trust the people of the state of Tennessee to do the right thing…
Now I have to admit many of my clients are brain injured, and catastrophically so even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many cases their personalities have changed and they are not the same spouse or parent they used to be. They get divorced and estranged from their kids. They have to move in with their children and need to be monitored. They essentially died, but their life goes on.
This bill will impact many of my clients with brain injuries, and they will get less, and their families will get less. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be classed as catastrophically injured in advance of knowing all the facts. I believe he should leave it up to a jury of 12 Tennesseans, hearing the facts of a case, to decide the issue.
Then their are the parents of special needs children. If you die it is not a catastrophic loss according to the Governor. Only if the children are minors can you get more, but still not the full amount of your damages. If you have adult special needs children? So sorry, you are out of luck. That is not catastrophic says the Governor. Take care of a parent that now needs to go into a nursing home? Not catastrophic says the Governor. It seems to me that if the legislature allowed catastrophic damages to any Tennessean that dies with a dependent it would be fairer (still limited in recovery, but at least not pitting one group against another and saying you don't deserve as much as others with dependents.).
Finally, no one, not even the judge, can tell members of the jury this travesty is happening. After the jury renders a fair verdict, the judge is required to cut it down and make it unfair to the victim. Note that if the original verdict was against the evidence, and unfair to the defendant, the law already requires the verdict to be reduced. This new law only impacts victims.
A copy of the Governor's shameful bill may be found here. You don’t think this is fair? Call your state representatives now (you can find your representatives here), but don’t expect them to change their minds, because you are just the sort of whacked out Tennessee citizen that might one day be on a jury... and the Governor doesn't trust you.
The Governor's proposed law, relevant sections in bold:
29-39-102.
(a) In any personal injury or wrongful death action, the prevailing
plaintiff may be awarded:
(1) Compensation for economic damages suffered by the
injured plaintiff; and
(2) Compensation for any noneconomic damages suffered
by each injured plaintiff not to exceed seven hundred fifty
thousand dollars ($750,000).
(b) If multiple defendants are found liable under the principle of
comparative fault, the amount of all noneconomic damages, not to
exceed seven hundred fifty thousand dollars ($750,000) for each injured
plaintiff, shall be apportioned among the defendants based upon the
percentage of fault for each defendant, so long as the plaintiff's
comparative fault is not equal to or greater than fifty percent (50%).
(c) All noneconomic damages awarded to each injured plaintiff,
including damages for pain and suffering, as well as any claims of a
spouse or children for loss of consortium or any derivative claim for
noneconomic damages, shall not exceed in the aggregate a total of seven
hundred fifty thousand dollars ($750,000).
(d) If an injury or loss is catastrophic in nature, as defined below,
the seven hundred fifty thousand dollar ($750,000) amount for
noneconomic damages, as set forth in subsections (a)(2) through (c) may
be increased to, but shall not exceed, one million two hundred fifty
thousand dollars ($1,250,000).
(e) "Catastrophic loss or injury" means one or more of the
following:
(1) Spinal cord injury resulting in paraplegia, hemiplegia or
quadriplegia;
(2) Amputation of two hands, two feet or one of each;
(3) Second or third degree burns over forty percent (40%)
or more of the body as a whole or third degree bums up to forty
percent (40%) percent or more of the face; or
(4) Death of a parent who is survived by one or more
minor children.
(f) The limitation on the amount of noneconomic damages
imposed by subsections (a)(2) through (e) shall not apply to actions
brought for damages or an injury resulting from an act or omission by a
defendant:
(1) If the defendant committed an act or omission that
would constitute a felony under the laws of this state or under
federal law and that act or omission caused the damages or
injuries; or
(2) If the defendant was under the influence of alcohol or
under the influence of drugs other than lawfully prescribed drugs
administered in accordance with a prescription.
