FAQ: Distracted and Drunk Driving

Posted by Adam R. Leighton on Aug 28, 2018 in Uncategorized | Comments Off on FAQ: Distracted and Drunk Driving   As we drive around getting through our daily routines, we may go into autopilot mode. We already know the route to our work like the back of our hands, and may start to forget about all the potential dangers of the road. Car accidents happen so frequently, that we may no longer be surprised to hear about another collision that has taken place on the freeway or neighborhood streets. It is important to always be aware of the threats that could await you to help prevent from becoming a victim to a tragic wreck. While you may be driving with care, others may be be drunk, distracted or otherwise being irresponsible behind the wheel. Here in the article below, we have talked about how distracted and drunk driving are two of the biggest threats to others on the road, in addition to how to seek compensation for a car accident. How do I know if the driver next to me is drunk? Drunk drivers are one of the leading contributors to car accidents. Those who get into the driver’s seat while intoxicated, could be greatly putting others on the road in danger. What makes alcohol particularly risky, is that a person may not even realize how drunk they really are due to how this substance can impair the decision making process. If you see a driver maneuvering in an odd manner while on the road, it may be best to call for law enforcement whether this person is drunk or not. Signs that a driver could be drunk are listed as follows: Driver swerves within or across multiple lanes Driver operates the vehicle abnormally slow, or with excess speed Driver tailgates and/or cuts off others Driver suddenly stops or accelerates Driver veers towards oncoming traffic Why is distracted driving so serious? In today’s society, distracted driving can be another huge factor in serious car collisions. Distracted driving can lead to critical injuries or even a life-threatening situation. Drivers may become distracted through being on their cell phones, daydreaming, rubbernecking, eating, fidgeting with the radio, smoking or talking with a passenger. Distracted driving is serious because drivers may not even realize their attention has been pulled away from the road. It only takes a second or two for the driver to not realize the light has turned red, a stop sign is up ahead, or that a person has...
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Can a delayed diagnosis be considered a wrongful death?

Posted by Adam R. Leighton on Aug 28, 2018 in Uncategorized | Comments Off on Can a delayed diagnosis be considered a wrongful death? Every year thousands of people are given the wrong diagnosis. Some of these people will experience only mild to moderate symptoms with no lasting effects; however, some people could be seriously harmed and even lose their life. A significant percentage of wrongful death claims involve medical malpractice on part of a delayed diagnosis of a medical condition, illness, or injury. When a doctor, or other medical professional, makes an error that involves a delayed or incorrect diagnosis, or no treatment altogether, the patient could become worse and eventually die. However, this type of error does not automatically granted the right to families to file and win a wrongful death case. Proving a Delayed Diagnosis Wrongful Death Under most state tort laws, health care providers are not legally required to take responsibility for a diagnostic error. This means it is up to the patient, his or her family, or a lawyer to prove three elements to recover monetary compensation from a delayed diagnosis wrongful death claim. These elements are as follows: A relationship between the medical provider and the patient existed. The medical provider failed to adhere to their standard of care and made a negligent action, which led to improper treatment or a delay in diagnosis. The negligent action caused the patient further harm and resulted in their death. The last two elements are enough to substantiate medical malpractice which generally allows victims, or beneficiaries, to file a claim. How Negligence is Proved A delay in diagnosis is not usually enough evidence on its own to prove negligence occurred. This is because it is possible for a medical provider to have used reasonable care and still make an error in diagnosis. A lawyer, like a wrongful death lawyer Phoenix, AZ trusts,must be able to show that the medical provider who was responsible for the diagnosis of a patient acted incompetently. Doing so is not always easy, and will require a swift investigation of the case. Without a lawyer, there is a good chance that you will receive less than what you deserve, if anything at all. A lawyer has the resources to hire expert witnesses who can analyze the actions of the medical provider and make a deducted decision on whether or not they exercised competency and care during the diagnostic process. This may involve an evaluation and systematic approach of the methods used by the medical provider to...
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Slip and Fall Accident Reaches Idaho’s Supreme Court

Posted by Adam R. Leighton on Aug 22, 2018 in Uncategorized | Comments Off on Slip and Fall Accident Reaches Idaho’s Supreme Court A slip and fall accident has made its way to the Idaho Supreme Court, according to the Idaho Statesman. In July 2013, Diane Brooks visited the Overland Road Walmart store in Boise to buy some wood chips. As she made her way through the store to the garden area, she slipped on a puddle of water and fell. The incident injured her left knee seriously enough to warrant surgery. Now, years later, her slip and fall case against Walmart has made it to the Idaho Supreme Court, and justices ruled that the case must be reviewed again by the lower court. Responsibility for the puddle remains unclear. In 2011, Walmart signed an agreement with Rug Doctor to put some of its carpet cleaner rental stations in its Walmart stores. These kiosks are completely self-serve, so Walmart employees don’t run them or help customers with them at all. The puddle that Brooks slipped on was right by one of these unsupervised carpet cleaner kiosks. A surveillance video showed exactly what happened that day at the Walmart store. About seven minutes before Brooks had her accident, a Walmart customer rented one of those machines from the self-serve kiosk, and they tilted the machine back and forth as they put it into their cart. Brooks decided to file a personal injury claim against Walmart in November of 2014, around 16 months after her accident. In her lawsuit, she alleged Walmart behaved negligently, and a year later, she added Rug Doctor as a defendant and alleged they were negligent as well. Both firms asked the court to dismiss her case, stating the allegations had been based on speculation rather than evidence. At that time, the court opted to dismiss the complaint against Walmart. They did, however, refuse to dismiss the claim against Rug Doctor because its machines could spill or leak water, and the question in the case was whether Rug Doctor should have taken action to prevent the creation of a hazard like a puddle. Brooks fought this ruling to the Supreme Court in the state, and four out of the five court justices sided with her, saying there were still questions about what had happened and whether Walmart should shoulder blame. They directed a review of her case by the lower court in the matter. In their opinion, they stated that Walmart may be at fault for ignoring the fact that...
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Types of Medical Malpractice to Be Aware Of

Posted by Adam R. Leighton on Aug 14, 2018 in Uncategorized | Comments Off on Types of Medical Malpractice to Be Aware Of     There are many situations in which negligence or oversight may be committed on behalf of your doctor. Doctors are still people too, and are capable of making a mistake when it comes to their patient’s health. However, being human does not mean a doctor gets to make a mistake without the subsequent consequences. A patient who trusted their doctor to provide the best quality medical care should not have to suffer as a result of a misjudgement. An attorney can empathize with how painful a medical malpractice situation may be for you, and those who love you. It is possible that you had complete faith in your doctor, and he or she let you down. In the article to follow, we have listed the most common types of medical malpractice scenarios that patients should be aware of. Failure to Diagnose (Or Misdiagnosis) A patient may have a solid foundation for a medical malpractice claim against the doctor, if another competent doctor would have not made the same mistake. A misdiagnosis can also occur if the doctor did not examine all aspects of the patient’s health, misinterpreted laboratory tests, or otherwise committed a detrimental oversight. If there was a misdiagnosis, then the incorrect treatment plan was likely chosen as well.   Improper Patient Treatment Plan Medical malpractice can occur if the doctor treated the patient in a much different way than another competent doctor would have, which led to a worsening of the injury or condition. Another way medical malpractice may have occurred is if the doctor chose the right treatment plan, but administered it inadequately. Lack of Warning Regarding Known Risks Doctors must uphold the duty of warning their patients about certain risks for procedures, treatments or other forms of medical care. By being transparent about the associated risks, the patient can either elect to go through with the treatment or not. It can be unlawful if the doctor intentionally or carelessly withheld risks, meaning the patient was perhaps not able to make the best decision in regards to their own health. Keeping an Eye Out for Warning Signs If you feel as if any of the three medical malpractice scenarios above apply to you or a loved one, we highly recommend meeting with a medical malpractice lawyer Salt Lake City, UT trusts before you have made an official complaint. If a medical organization gets word that...
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Why you may need a lawyer after a bicycle accident

Posted by Adam R. Leighton on Aug 6, 2018 in Uncategorized | Comments Off on Why you may need a lawyer after a bicycle accident Bicycling to work is becoming more and more popular – especially in urban areas. It’s good for your health, good for the environment, and saves you money on gas. And even though there are more bicycles out on the road and more bike lanes available, it can still be dangerous to ride your bike with car traffic. When commuting to work on your bicycle, you need to be sure you understand the proper ways to signal and know where it’s safe for you to ride. Even with all the proper precautions, accidents can happen. If you’ve been in a bike accident, it’s important to know what legal options are available to you and if it would be beneficial to contact a personal injury attorney. In this blog post, we’ll walk you through when you should reach out for legal help and the benefits of working with a personal injury attorney. Do you need a personal injury attorney? You may be asking yourself “when should I hire a personal injury attorney?”The best way to determine if you need to reach out to an attorney is to look at the severity of your injuries. Did you need to go to the hospital? Did you break any bones? Will any continuing physical therapy be required? The severity of your injuries and length of treatment will determine the cost your medical bills. If you walked away from the accident unharmed or with mild injuries, you may not need an attorney to help you through the insurance claim. Insurance companies tend to fight back harder against more expensive claims, so if your case is minor, you may be able to work with the insurance company on your own. However, if your accident causes you to rack up medical bills, it’s important that you contact an attorney who can help make sure all of your medical expenses are covered. The bottom line is that if you are at all concerned about the process of dealing with the insurance company to make sure your expenses are covered, then reach out to an attorney. They will let you know if this is something you can fight on your own or if the help of a professional is required. Benefits of hiring an attorney There are many benefits to having a professional attorney on your side after a bicycle accident. Bicycle accident cases can be tricky. The insurance...
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