Types of Personal Injury Cases Guide

 Need more info on the different types of personal injury cases? Check out the article we wrote here!

Can My Personal Injury Lawyer Quit?

If you've been working with a personal injury lawyer for a while and things don't seem to be going well, you might be wondering whether or not it's within their rights to quit. Here's a helpful article with more to say on the subject: https://truskettlaw.com/can-my-personal-injury-lawyer-quit-what-you-should-know/

About Truskett Law Firm

Truskett Law Firm is a Tulsa personal injury lawyer providing representation to those who have been involved in a personal injury case. If you’ve been injured at no fault of your own, contact Truskett Law today.

GETTING RID OFF SLEEP APNEA SCREENINGS

The Trump administration is making a controversial decision to scrap Obama-era plans that require all truck, train and bus operators be screened for sleep apnea.
 

Sleep Apnea: a common disorder in which you have one or more pauses in breathing or shallow breaths while you sleep. 

Sleep apnea typically is a chronic condition that disrupts your sleep. When your breathing pauses or becomes shallow, you’ll often move out of deep sleep and into a light sleep.

As a result, the quality of your sleep is deprived, which makes you tired during the day. Sleep apnea is a leading cause of extreme daytime sleepiness.

THE POSSIBLE DANGER

The elimination of the rule, part of the White House’s push to slash federal regulations, has reignited a debate over how to balance safety concerns with regulatory relief.

Safety advocates warn that killing the proposal could put lives at risk at a time when traffic deaths are already climbing at historic rates. Fatalities in large truck crashes have increased by 20 percent since 2009.

GROWING ALARM

The most recent safety efforts for sleep apnea awareness came in the wake of reports of a New Jersey Transit train crash. The train crashed into a crowded station platform and killed one woman. The conductor had severe sleep apnea, but wasn’t diagnosed until a month after the crash.

The incident was just the latest example of an untreated sleep disorder being a factor in a fatal crash. This condition has also been linked to a 2013 Metro-North derailment in New York and a deadly 2000 tractor-trailer crash in Tennessee.

REGULATIONS

While airplane pilots with sleep apnea cannot even fly until they have been fully treated for the condition, it wasn’t until the Obama administration that formal federal mandates were in the works to ensure those operating planes, rails, buses and trucks were properly screened.

The FRA and the Federal Motor Carrier Safety Administration recently announced, however, that they would be vacating plans to require sleep apnea screening and treatment for all rail and truck operators.

Safety advocates argue that there is no enforcement mechanism or recourse if a company chooses not to screen and treat its employees for the condition.

FUTURE OF OTHER SAFE

TY RULES

The reversal is intensifying concern that other safety rules could get caught in the crosshairs of President Trump’s effort to reduce regulations.

The White House put out an executive order in January requiring agencies to revoke two regulations for every new rule they want to issue, with exceptions for emergencies and national security.

Some rules in the pipeline that safety advocates worry could now be on the chopping block include a proposal requiring electronic speed limiters for large trucks and buses and a plan requiring all future vehicles to have safety signaling and communication technology.

Call TRUSKETT with any legal questions regarding wrecks or falls and more! 

TAGS:

 car accident, car wreck, car wrecks, causes of car wrecks, law enforcement, news, safety, wreck, wrecks

SERVING IT RIGHT | Tulsa Lawyer

COULD YOUR BARTENDER HELD RESPONSIBLE FOR YOUR DUI?

Bars and advertisements for alcoholic products often encourage people to “drink responsibly,” but in some cases, the establishments or bartenders serving these drinks may be at least partially liable for a patron’s alcohol-related injury or death. Under certain circumstances, bars can—and should—be held responsible for over-serving customers.

Many states have “dram shop” laws (named after an 18th century term for pubs or taverns). These laws are enforced through civil lawsuits, allowing DUI victims or their families to sue alcohol vendors or retailers for monetary damages.

It may be hard to know when exactly a bar may be liable. Here are a few examples of when an establishment could be responsible for your case:

WHEN A BARTENDER CONTINUES SERVING A PATRON IN SPITE OF OBVIOUS INTOXICATION

A bar may be liable for over-serving if a bartender continues to serve drinks to a patron who is very clearly intoxicated to the point that he or she may be a danger to themselves or others. If, for example, a patron is slurring their speech, acting confused, or having trouble standing up and walking, a bartender should make the decision to stop serving drinks to that patron. If the bartender continues giving that person drinks, they are knowingly increasing the chances of an accident, especially if the patron is planning on driving home from the bar.

WHEN AN OVER-SERVED BAR PATRON CAUSES A CAR ACCIDENT

It is possible for a bar to be found liable for injuries or deaths caused by a drunk patron who drove, especially if a bartender was aware or could reasonably have inferred that the patron was planning to drive home.

PROVING THAT A BAR IS AT-FAULT FOR OVER-SERVING

As previously mentioned, it can be challenging to prove fault even if you believe that a bar’s staff should be held responsible for an accident that resulted from their over-serving a patron. Not only do you have to prove that the intoxicated patron was under the age of 21 or had a habitual alcohol addiction, you have to prove that the bar staff knew the person was intoxicated and continued serving them anyways.

Bartenders might argue that they only served a patron a couple drinks, but that the patron had been drinking before coming to the bar, was drinking on an empty stomach, or had a low tolerance for alcohol. If the bar staff can prove that they could not reasonably be expected to know a patron was drunk, the bar will most likely not be held liable for any accidents or injuries resulting from that patron’s drunkenness.

However, that does not mean that you should just sit back if you’ve been harmed or have lost a loved one due to a bar staff’s inexperience or negligence. If you believe that you may have a case against a bar, talk to an experienced personal injury lawyer as soon as possible to learn more about how you can prove fault.

If you’re still trying to determine whether a bar may be liable in your case, call Truskett Law to learn more.

Truskett Law is committed to keeping our community safe and healthy. If you or a loved one has been injured in a car wreck, we are here to help. We give free consultations for injuries, car wrecks and wrongful deaths.

Give us a call at (918) 392-5444

TAGS:

 alcohol safety, DUI, safety, wreck, wrecks, wrongful death

What to Do After a Pedestrian is Hit by a Car

When a pedestrian or cyclist gets hit by a car, it is a frightening experience. Cars are large, heavy objects that, even at slow speeds, can cause severe injuries to individuals.

After a car accident with a pedestrian, it is important for the pedestrian to take a few steps to ensure that they will be able to hold the at-fault driver responsible, equally to a regular car accident. While it may be difficult for an injured pedestrian to do anything after getting hit by a car, if they are capable to do the following, it may greatly increase their legal prospects.

Call 911 for Ambulance and Police

If an injured pedestrian, or bystander, can call 911 and request both an ambulance and the police, this should be done. The police are mostly important in order to take statements for a police report, and investigate any underlying causes for the accident, such as a DUI or other related crime.

An ambulance will be able to provide limited medical care, and can aid in the decision of whether further emergency medical care is necessary.

Make Sure You Get the Driver's Info

Although the police will  probably collect the other driver's information, if they arrive at the scene; if police do not show up before you must leave in an ambulance, it may be a good idea to try to somehow get the other driver's information. Getting the driver's full name, address, phone number and insurance information, minimally, should be done.

Also, if there are witnesses, try to get their names, addresses and phone numbers. If you don't get this info at the scene, you may never be able to unless the police are present, or you personally know the witnesses or other driver.

Take Pictures at the Scene

While taking pictures of the scene of the accident may not be at the forefront of an injury victim's mind, it frequently can provide the basis to prove the severity of an accident, as well as the cause of an injury. Additionally, while somewhat unsettling, for severe injuries, detailed pictures from the scene can sometimes result in larger jury awards.

Don't risk it, call Truskett! 

Hiring a Lawyer for an Insurance Claim

You've underwent a major loss from fire, theft, or some other tragedy and you've filed an insurance claim. You're not sure what your rights are, and you're worried about trusting your insurance company. You should be. Your financial interests and your insurance company's financial interests are in a natural conflict – You want a maximum payout, your insurer a minimum. An insurance claim is a business negotiation, pure and simple. So although you paid good money for coverage and good claim service, you may have to fight for it. And you may need expert help in that fight. In an ideal world no one would need to hire a lawyer to get an insurance claim paid on time and in full, but in this world, many do.

To ensure a fair settlement of a large claim (in excess of $10,000), inform yourself by reading the resources that United Policyholders offers. And you must be a "squeaky wheel" and know when and how to get the right professional help if you need it. If you're reading this publication, you're on the right track.

Do you need expert help? Do you need a lawyer? Do you need a public adjuster? What is a public adjuster? Can you handle it on your own? The first thing you need before making these decisions is a complete copy of your policy, including the "Declarations Page" and all "Endorsements" and "Riders".

Visit us here