Hawkins Bingham & Miller PCHawkins Bingham & Miller | Tennessee Personal Injury Lawyers2024-01-08T23:13:25Zhttps://www.tnaccidentlawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1103082/2023/06/cropped-hbm-fav-icon-32x32.pngOn Behalf of Hawkins Bingham & Miller PChttps://www.tnaccidentlawyers.com/?p=476102024-01-08T23:13:25Z2024-01-08T23:13:25ZDemands of the job
While there are many safety regulations in the trucking industry designed to reduce hazards and allow time for rest, truck drivers can still operate for as many as 11 hours after 10 hours of rest. In some cases, this can be inadequate, particularly if the driver is already struggling with illness or fatigue. The ever-changing nature of shift work can exacerbate this fatigue. Drivers may struggle to sleep when they do get time off and then find themselves exhausted once they are on the road.
Consequences
The obvious consequence of falling asleep at the wheel is not the only effect that fatigue can have on a driver. Sleepiness slows down reaction time and affects judgment in a similar manner to alcohol. All of these effects can lead to serious truck accidents. While drowsy drivers of other types of vehicles may suffer the same consequences, trucks have larger blind spots and are harder to control, and this could increase the likelihood of injuries or fatalities in truck accidents.
After an accident
It can be difficult to track how often drowsy driving causes truck accidents because this can rely on self-reporting. However, if you are involved in an accident with a truck driver, you should follow the same steps that you would after an accident with any other vehicle, including reporting the accident to the police and your insurance company and making notes of as many details as possible. It is also important to be mindful of the fact that you may not have symptoms from some injuries until days or even weeks later, particularly when it comes to traumatic brain injury. Awareness of the dangers caused by fatigued truck drivers may help you drive more defensively and avoid these types of accidents and injuries.]]>On Behalf of Hawkins Bingham & Miller PChttps://www.tnaccidentlawyers.com/?p=476082023-10-05T01:41:54Z2023-10-05T01:41:54ZPhotographs
Use your cell phone to take pictures of the accident scene from every angle. Document the damage to your car as well as to the truck. If ice or debris is on the road, take shots of that.
Take photographs of your injuries as soon as you have sufficient privacy. Bruises change appearance from one day to the next, so create a timeline account of the damage.
Police report
Ask the responding police officer for a copy of the police report. If they can't provide it at the scene, ensure you write down the officer's name, badge number and instructions for requesting the document from the police station.
Witnesses
Collect the names and contact information from as many individuals as you can. Everyone had a different view of the accident, and they may provide valuable insight into cause and liability.
Trucking company information
At some point, you or someone working on your behalf must contact the trucking company for records regarding the driver's history, drug test results and logged driving hours at the time of the accident. You also need to collect information on any third-party loader and the truck's manufacturer in case of known defects in the vehicle.
Medical records
Retain all your medical records, including office visits, hospital stays, scans, procedures, drugs and invoiced bills and payments. The pain and suffering from a severe crash may last for years, and you want to receive adequate compensation.]]>On Behalf of Hawkins Bingham & Miller PChttps://www.tnaccidentlawyers.com/?p=475862023-07-06T02:22:12Z2023-07-06T02:22:12ZWhat is nursing home neglect?
Nursing home negligence is one of the most common forms of elder abuse. It occurs when a patient placed in the care of the facility does not receive the attention they require. This type of abuse can take many forms. You may notice signs of neglect in the areas of hygiene, eating and mobility.
What are the signs to look for?
Nursing home negligence can take many forms beyond simple physical injury. These are changes that are noticeable because they are far removed from your loved one's normal behavior. You may notice that your loved one's room is not clean. The floors, sinks, and bathrooms may be untidy. Their bedsheets may look spotted and unwashed.
You may also notice that your elders are looking unkempt. They may be unshaven or have matted hair. Their clothes may be dirty. Their nails may be unclipped. Additionally, they may seem like no one is helping them keep themselves tidy at mealtimes.
Another sign is the failure to provide mobility assistance. Your loved one may require access to a wheelchair. If they are not given one to use, they may be stuck in one place for extended periods.
One or two of these signs together may not be enough to assume the worst. However, if many of them are present, this may be a sign that true neglect is occurring.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=474812023-05-30T21:22:43Z2023-05-30T21:22:43Z12,330 people were killed in traffic collisions related to speeding, according to the National Highway Traffic Safety Administration. That figure represents 29 percent of all traffic deaths that year. Over the past 20-plus years, speeders have been responsible for about a third of all fatalities in car accidents. This does not include the thousands and thousands of nonfatal but very serious injuries suffered in the U.S. each year by victims of speeders.
How speeding can kill
Speeding raises the risk of a crash in several ways:
The faster a vehicle goes, the more potential the driver has of losing control.
Increased speed generates greater force on impact, leading to more severe injuries.
Less time to brake to avoid potential danger due to needing more space to stop.
Speed limits are there to minimize car accidents. Those who choose to exceed them are at risk of more than a speeding ticket. They are also negligently increasing the chances they will cause a terrible incident in which an innocent person (or people) will become permanently disabled or worse. For that reason, Tennessee law states that a driver who harms someone else due to negligent behavior (such as speeding) can be held financially responsible for that harm.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471902022-04-28T21:50:51Z2022-04-28T21:50:51ZNotifying the vendor or medical center
If you are a patient or have been injured by a medical device, the first step is to notify your vendor or medical center. Since they bear product liability in this case, they should help you with the product recall process, provide you with any information you may need about the product and accede to your compensation demand.
You can contact the Food and Drug Administration
If you get injured by a medical device, you can also contact the FDA. The FDA will be able to provide you with information about the product and will also be able to help you with the recall process. Always remember that the FDA does not have the authority to recall a product. They can only provide information about product recalls and help facilitate the process.
Your vendor or medical center should notify the manufacturer or supplier
The next step is for your vendor or medical center to notify the manufacturer or supplier of the product. They will need to provide the manufacturer with all of the necessary information about the product and the problem that has occurred.
The manufacturer will then investigate the issue and determine if a recall is necessary. The FDA may work with the manufacturer to ensure that the recall is properly conducted, all affected products get out of the market and all of the necessary steps are taken to protect consumers.
If you get injured by a medical device, it is important to understand the recall process. By following these steps, you can help ensure that no other person suffers from the same product.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471862022-03-02T04:27:17Z2022-03-02T04:27:17ZWhat leads to truck driver fatigue?
One common reason for fatigue is the long hours that truckers often have to work. Truckers drive for long periods of time with few breaks, and this can lead to fatigue. Many truck drivers drive for extended periods to meet deadlines, and this makes some of them extremely fatigued and more likely to get into commercial carrier accidents.
Another common cause of truck driver fatigue is sleep deprivation. Many truckers have to drive through the night, and this can lead to them being very tired during the day.
On top of that, many truckers have to deal with a lot of stress, especially if they are driving in bad weather or in heavy traffic. This can also lead to fatigue, and it can be very dangerous for both the trucker and other motorists on the road.
Last but not least, truckers often find themselves doing other jobs around the truck when they are supposed to be resting, such as repairing one or more parts of their trucks, checking the load, filling up with fuel and making phone calls. This can also lead to fatigue.
How can you prevent truck driver fatigue?
If you're a truck driver, try to get enough sleep before you start any trip. That means getting at least seven hours of sleep every night. You should also take breaks every two or three hours to rest and rejuvenate yourself.
On long trips, you should try to take 30-minute naps every six hours. If you feel fatigued while driving, don't hesitate to pull over and rest for a bit. Additionally, try to avoid driving at night if possible as this is when you're likely to be the most tired. If you have to drive at night, make sure you're well-rested before starting your shift.
Lastly, try to avoid stressful situations while driving, such as bad weather or heavy traffic. If you can't avoid them, try to stay calm and focused while driving.
Truck driver fatigue can be dangerous for both the trucker and other motorists on the road. Thankfully, it is possible to prevent truck driver fatigue by getting enough sleep, taking breaks and avoiding stressful situations while driving.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471802022-01-04T04:40:34Z2022-01-04T04:40:34ZWhat are medication errors?
Medication errors occur when a patient or caregiver gets the wrong drug or dosage; this can lead to serious health complications or death. Usually, the error occurs as a result of human oversight or miscommunication, but there are other factors that could contribute to the problem. For example, dispensing errors can occur when medications get stored improperly, or if they're prepared in bulk and then later distributed incorrectly.
What are some causes of medication errors?
There are many different ways a medication error can occur. One of the most common examples is when a pharmacist misreads the label of medication and gives it to someone with an entirely different prescription. Other errors might occur if there’s no clear understanding between caregivers about which medications are being administered, or because multiple staff members giving out prescriptions at once.
What are the consequences of a medication error?
The aftermath of medication errors can be quite bad depending on the drug involved. For example, if someone overdoses on a narcotic painkiller, they might experience respiratory arrest or cardiac arrest. On the other hand, if someone receives too little of their prescribed medication, they might not get relief from their symptoms or illness.
What should you do after experiencing a medication error?
If you or your loved one has experienced harm as the result of a medication error, it’s important that you take action against those responsible. This might include filing an injury claim with the hospital involved; if their negligence played a part in causing the error, they could be liable for your damages.
The consequences of a medication error can be very serious, so it’s important to be aware of the risks involved. Besides ensuring that you receive medical attention immediately following a medication error, don't hesitate to take the necessary steps to seek compensation for your damages.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471772021-10-28T21:12:05Z2021-10-28T21:12:05ZWhat is medical malpractice?
Medical malpractice refers to negligence that results in injury or harm to a patient. It occurs when the doctor, nurse or other medical professional does not exercise the proper standard of care while diagnosing or treating medical conditions. For instance, medical malpractice can occur if there is a delayed diagnosis or misdiagnosis.
Medical negligence also occurs when medical professionals commit errors during surgeries, prescribe the wrong medications to patients, and handle emergencies poorly. Most medical mistakes in these cases result in permanent injuries that cause significant harm to victims.
What do you need to file a medical malpractice claim?
First, as a medical malpractice victim, you need to identify the medical professional who committed medical negligence in your case. Next, you will also have to determine if there were any witnesses present when the medical mistake occurred and whether it's possible for someone else to provide evidence about what happened during your treatment process.
You need medical records that show the medical professional treating you did not meet proper standards of care during your treatment. It's also necessary to have medical records that show you incurred financial, physical, and emotional damages because of the medical professional's mistake. If your medical malpractice case meets all these requirements, you can file a medical negligence claim against the professional or medical center in question.
Filing a claim
Filing a medical malpractice claim might feel daunting and stressful. One of the best ways to make the process easier is to ensure that you have all the necessary items to prove your case. Make sure you have medical records, witnesses who can testify on your behalf, proof that you or a loved one incurred financial damages because of the medical mistake, and anything else that can support your case.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471732021-08-30T22:22:34Z2021-08-30T22:22:34ZWhat are permanent injury claims?
You can file a permanent injury claim if you have suffered a personal injury that has continuing effects on your everyday life. These injuries are often disabling and debilitating and, they can even change your life. You may be unable to continue enjoying things you once did or even perform daily tasks that most people take for granted. Common permanent injuries include:
Traumatic brain injuries (TBIs). Car accidents, bad falls, medical malpractice and on-the-job injuries can result in TBIs. These injuries can significantly impact your everyday life and can cause brain damage.
Spinal cord injuries. These injuries can cause paralysis that’s sometimes permanent. A person can lose function of his or her lower limbs or experience paralysis from the neck down.
Burns. Severe burns can cause damage to the skin and even the lungs. People with these injuries often need multiple, painful reconstructive surgeries.
Internal injuries. Trauma can lead to internal injuries and dysfunction of the reproductive organs, bodily functions and more.
Amputations. Some accidents are so serious that a person can lose a limb. Amputations may be needed when a body part has been crushed and damaged beyond repair.
Sensory loss. This injury can occur as a result of exposure to toxins, medical errors or trauma. A person can be left blind, hearing impaired, or unable to smell or taste.
Disfigurement. Serious accidents can result in burns, cuts, scarring and other forms of disfigurement and significantly affect a person’s everyday life.
Toxic exposure. When a person is repeatedly exposed to dangerous toxic substances, he or she can suffer permanent injuries or illnesses, such as mesothelioma.
Damages recoverable with permanent injury claims
A personal injury that is permanent means that the victim will never be the same. As a result, damages beyond the standard personal injury case can be recovered. The amount of compensation a victim receives is influenced by:
Disability level. If a person requires ongoing medical care, treatment and equipment, he or she will need significant compensation for life.
Loss of future wages. Individuals with permanent injuries often cannot work any longer, which means they will not be able to support themselves. When determining compensation, the number of years the person would have continued working otherwise and how much he or she would have earned is considered.
Visible disfigurement. If a person is obviously disfigured, it can cause significant stress and depression. Emotional distress is factored in as damage that can be recovered.
Age. The person’s age is considered, especially when the victim is younger. This is largely due to the years of care he or she will need.
Pain and suffering. This type of damages can be awarded when negligence was involved in the injury.
Permanent injuries can impact your life forever. These damages are meant to help ease some of the burden and help with continuous medical care costs.]]>On Behalf of Hawkins Bingham & Millerhttps://www.tnaccidentlawyers.com/?p=471692021-06-26T00:53:39Z2021-06-26T00:53:39ZCould you be liable for your own death?
Depending on the facts of the case, it's possible that you could be liable for the accident that results in your death. This may be true if you were impaired by drugs or alcohol at the time of the accident. Furthermore, you could be responsible for a crash if you were using a cellphone, driving a defective vehicle or took other actions that violated your duty of care toward other motorists.
Your estate may receive a payout even if you're partially liable
If you are killed in a car crash, your estate may receive payment from another party assuming that you are less than 50% liable for the accident. In the event that multiple parties are to blame for your death, they will need to work together to ensure that your family is compensated in a timely manner.
Don't forget about the statute of limitations
An MVA attorney will likely file a lawsuit the day that he or she is hired to represent your interests. This helps to ensure that whoever is pursuing compensation on your behalf retains the right to take a case to court if settlement talks aren't successful. In Tennessee, a lawsuit must generally be filed no more than a year after a fatal accident occurs.
An attorney may be able to help your loved ones collect compensation for medical bills, lost wages and other expenses if you're killed in a crash. A legal adviser may also help you obtain compensation from a party who was killed in a wreck caused by his or her negligence.]]>