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Here’s What You Should Know About Fatigued Driving

As a car accident lawyer in Lafayette, IN like our friends at Hall-Justice can explain, not all accidents are caused by overtly reckless behavior. While many people are quick to assume that many car crashes involve drunk or distracted drivers, driver fatigue is a major cause of car accidents across the United States. Driver fatigue is avoidable, and it’s up to you to ensure you are well-rested enough to get behind the wheel. Sadly, it’s much harder to ensure that the other driver involved in your accident was rested up before he or she ran into you. Fatigued driving can be difficult to prove in a car crash case, but if you know the warning signs you may be able to avoid causing any accidents yourself. Read on to learn more about how fatigue can affect drivers, and see what a car accident lawyer can do for you if you’ve been involve in an accident with a negligent driver. What causes driver fatigue? There are many potential causes for driver fatigue, but at its core it means operating a motor vehicle when you’re just too tired. While this definitely can mean a lack of sleep, it can also mean physical exhaustion after a hard day at the gym, or a particularly demanding day at work. Fatigue comes in all shapes and sizes, but when it’s coupled with a car, it becomes driver fatigue. What are some warning signs of driver fatigue? Aside from feeling sleepy, driver fatigue has many other warning signs. You may drift across lanes without realizing it, or you may have slowed reflexes. In other cases, you may completely forget what happened during the past few minutes. Because fatigue affects everyone a little differently, the effects of driver fatigue can vary from person to person – but it always involves tiredness. How can I prevent driver fatigue? Everyone has secret techniques to “prevent” driver fatigue, ranging from loud music to energy drinks and cold A/C. Sadly, these techniques only lead to a false sense of security, and potential car accidents. The only way to avoid driver fatigue is to get enough rest before you drive, and knowing when you’re too tired to go on. What happens if I’m involved in an accident with a fatigued driver? A car accident is a hassle, and you’ll probably find it pretty difficult to determine whether the driver who just...
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Can You Sue After Signing a Liability Waiver? 

Premises Liability Lawyer Many businesses and medical facilities require customers to sign a liability waiver before undertaking an activity or procedure that involves a risk of harm to the customer. The purpose of these waivers is to inform the customer of the inherent risks involved in the activity or procedure and to relieve the business or medical facility of liability for any injuries that might be suffered in the course of the activity or procedure. In other words, the waiver seeks to establish that the customer has “assumed the risk” of injury from the activity or procedure and has agreed not to sue for personal injury. Liability waivers typically cover ordinary negligence and the inherent risks of the activity or procedure. The most common events that require customers to sign a liability waiver are sporting events, skydiving, bungee jumping, skiing, and animal rides. However, as a premises liability lawyer can explain, if you’ve signed a liability waiver and were subsequently injured, you may still be able to sue for your injuries. A liability waiver does not always preclude an injured customer from taking legal action to compensate themselves for their injuries. There are several scenarios in which the waiver might be invalid.  When Will a Liability Waiver be Invalid?  Because a liability waiver is a contract between the customer and business, it must comply with the legal requirements for a valid contract. If it does not, it will be invalid and unenforceable. For instance, if the language of the waiver is ambiguous, vague, or difficult to understand, it may be invalid, meaning an injured customer may sue for any personal injuries they suffered despite signing the waiver.  A liability waiver may also be invalid if a third party who is not protected by the waiver caused the customer’s injuries. For example, the customer might sue the manufacturer of a product that injured them rather than the business that provided them with the product or the service involving the product. Further, if the customer’s injury is caused by a risk that is either not included in the liability waiver or that is not explained clearly and specifically in the waiver, they will be able to sue for their injuries.  Gross Negligence Other scenarios where a liability waiver will be unenforceable are where the waiver was signed by a minor, where the waiver violates state law or public policy, where the...
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What Types Of Compensation Are Available Following A Car Crash?

Car Accident Lawyer Following a car crash of any magnitude can be a scary and stressful event. Even a minor fender bender will take you out of the moment. Dealing with a car crash that results in significant injuries leaves many wondering how they will recover. While there’s no way to turn back time and prevent the car accident from ever happening in the first place, it’s still possible to receive the proper compensation.  What many victims don’t understand, however, is that different types of compensation exist which can help deal with current and future expenses—including recovering from temporary and permanent traumas. This quick guide will explore the three types of compensation available following a car crash and what they can cover.  What are Economic Damages?  The first type of compensation many people think of is economic damages. Economic damages refer to monetary losses of items that can more easily be calculated. These items typically carry an exact monetary value and often have specific documentation that can prove their monetary value. Prime examples include:  Current and future medical expenses—including physical therapy, doctor visits, medications, at-home care, etc Property damages, such as the cost to repair or replace your vehicle following a car crash The loss of wages if the accident renders you unable to work or work as much for a while Reduced or a total loss of earning power Out-of-pocket expenses In the case of wrongful death, compensation for funeral costs Court and attorney fees What are Non-Economic Damages?  Non-economic damages refer to damages that are harder to calculate and often carry a subjective quality to them. For example, economic damages may cover the exact cost of a person’s medical treatment, while non-economic damages may cover how the car crash impacts the person’s emotional state. Standard examples of non-economic damages include the following:  Pain and suffering  Emotional distress, including the development of conditions like post-traumatic stress disorder (PTSD) A loss of reputation  Difficulty maintaining relationships  Disabilities or disfigurements—temporary or permanent  Overall reduction in quality of life  Reduction in sexual functions  What are Punitive Damages?  While economic and non-economic damages are meant to make a victim feel “whole,” punitive damages are a way to punish the defendant. They may even be used to make an example of them or their actions to deter actions from similar parties. Punitive damages are far rarer than economic or non-economic damages, but a...
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What To Expect If Your Personal Injury Case Goes To Trial

Even though most personal injury lawsuits will settle before trial, there are some cases that will have to be tried. This is typically because of the insurance company being unreasonable in the offers it makes, or there may be complicated legal or factual questions that a jury must decide. According to our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law, this post is intended to give you a brief overview of what to expect if your case goes to trial from an experienced personal injury trial lawyer: What happens at trial? Your lawyer will prepare you for the logistics of trial ahead of time, including what to wear and which courtroom you will need to be in. Typically, the first step in the trial is for the judge to hear any pre-trial motions that are pending which may limit what evidence is admissible or what arguments the lawyers can make. After those motions are heard and decided, the jury will come in and the jury selection process begins. The judge will question the prospective jurors first, and then each lawyer gets to ask questions about the jurors’ qualifications and background. Your lawyer will likely include you in deciding whether to excuse certain jurors or not, and this process will continue until 12 jurors are selected. After jury selection ends, the lawyers will give opening statements to forecast the evidence for the jury. The plaintiff’s attorney goes first, followed by the defendant. The evidence will also be presented in this fashion, with the plaintiff going first (due to the burden of proof), calling witnesses or presenting exhibits for the judge and jury to consider. As the injured party, you will have to testify about what happened and the extent of your injuries and their effect on your life. Typically, after the plaintiff rests its case, the defendant will move to dismiss the case. The judge will decide whether to do so or not, and then the defendant will have a chance to put on evidence, but the defendant is not required to present any evidence. After all the evidence has been heard, the lawyers will discuss jury instructions with the judge outside the presence of the jury. The jury will then hear the closing arguments from the lawyers and retire to deliberate the case. The jury will then return a verdict and all parties have an opportunity to...
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Car Accident Lawyer Arlington Heights, IL 

As one of the most frequent types of personal injury accidents, lawyers help numerous clients who have been in car accidents. As a victim, you could recover damages so that you do not have to pay for your expenses out of your pocket. A skilled car accident lawyer will work to protect your best interests and ensure that you receive fair compensation for your injuries and losses. Have an experienced car accident lawyer evaluate your case right away. Here are some examples of cases that they can assist you with.   Drunk Driving One of the most common car accident cases is drunk driving. Every day, drivers drink too much alcohol and get into a vehicle, putting themselves and many others on the road in danger. When drivers are inebriated, they cannot adequately control their vehicles. They can overestimate their sense of judgment and ability to drive. You should not have to pay because of a drunk driver’s negligent actions.  A car accident lawyer can help you recover compensation if a drunk driver strikes you.  Street Racing  As a car accident lawyer like one at Therman Law Offices, LTD can explain, another increasingly common cause of accidents are street racing incidents. These accidents are popular in parking lots, empty intersections, and other isolated areas. However, they can even occur on freeways. These incidents often happen late at night when fewer cars are on the streets.  Rear-End Accidents When drivers are speeding or are not paying attention to slowing traffic ahead of them, they can cause rear-end accidents. Many rear-end accidents occur at high speeds and can cause devastating injuries such as bruises, back injuries, and spinal cord injuries. If you have been injured in a rear-end accident, consult with an experienced car accident lawyer to learn more about potential damages you could recover.  Wrong Way Accidents Another type of car accident is wrong-way accidents. These accidents often happen when drivers are under the influence or are trying to flee the police. Whatever the reason, they are extremely dangerous and can result in innocent victims suffering injuries. You may be able to recover compensation from a qualified car accident lawyer if you have been injured in a wrong-way accident. Inquire about affordable legal services you can access by scheduling a consultation with a qualified accident lawyer in your area...
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