Loading

wait a moment

We try to get there fast, at what price!

We try to get there fast, at what price!

As we go through our daily lives, the concentration is usually on rushing to the next thing and not on getting there safely.

When you are driving too fast, the likelihood of an accident increases. To avoid a trucking accident in Atlanta, it is important to maintain reasonable speed on highways where trucks are present. And if you have been involved in a truck accident, it is important to seek the assistance of an experienced Atlanta injury attorney to help get you the award necessary to help pay for medical bills, rehabilitation and other out-of-pocket expenses. personal injury Lawyers

Fairchild v. South Carolina Department of Transportation is a recent trucking accident case out of South Carolina. In this case the court looked to the issues surrounding damage awards for negligence in trucking accidents.

There was a South Carolina Department of Transportation (SCDOT) driver who was driving a dump truck with an attached rear trailer. In an attempt to make a u-turn on a highway, the driver merged into the median of the highway. Because of the length of the dump truck and the attached trailer, the rear of the trailer stuck out into the left traffic lane on the highway. Fairchild (plaintiff) was driving in that left lane on the highway. Upon seeing the trailer in the road, the plaintiff slammed on her brakes to avoid an accident. In doing this, a truck that was behind the plaintiff driven by Palmer (Defendant), crashed into plaintiff. As this was also a truck with a rear trailer attached, the force of this crash caused the plaintiff’s minivan to flip over and roll onto the median of the highway. Plaintiff suffered serious injuries and property damage.

Plaintiff sued SCDOT and Palmer. Upon signing a covenant not to sue with the SCDOT, Plaintiff continued her negligence lawsuit against Palmer. She sought actual damages for her property damage and physical injuries, as well as punitive damages. personal injury lawyers

The court in this case heard the appeal by the plaintiff because of the lower courts failure to instruct a jury as to punitive damages.

There are several different types of damages awarded in personal injury cases. The main types of damages are compensatory damages, often referred to as actual damages. These damages are awarded to compensate a victim for injury, property damage and/or harm suffered. On the other hand, punitive damages are awarded in cases where the defendant’s actions were so egregious, malicious or reckless as to inspire the court to punish them. These types of damages were created to have a deterrent effect on the public at large.

The court in this case looks to statute and case precedent to guide its decision. Where punitive damages are sought, the jury is responsible for the decision of whether to award these damages. However, it is the responsibility of the judge to give the jury instructions as to the proof necessary and the way to quantify these damages. Because the lower court failed to instruct the jury regarding this type of damages, this South Carolina court reminds the state courts of procedural policy.

Additionally, this court analyzed the rules that are essential when determining the application of the damages. Every driver has a duty to drive as a reasonably prudent person in similar circumstance. Statute also indicates that in order to act reasonably as a driver, you are not to speed or follow another vehicle too closely. This is a duty of care imputed on all drivers.

Where a driver fails to drive at a reasonable speed or follows too closely behind another vehicle, reckless, willful or wonton conduct is inferred. Where this conduct is inferred, punitive damages are appropriate.

Thus, this court held that the jury is responsible for making this decision although the law surrounding standards must be set by the judge. See more on this website

Specializing in Personal Injury Law

Specializing in Personal Injury Law

Since 1929, our injury lawyers have specialized in representing clients who have been seriously injured in truck accidents in New Jersey. Personal injury matters require no fee upfront. Our fee is a set percentage of any settlement or judgment we may obtain on your behalf.personal injury Lawyers

It is estimated that over 10% of all fatalities in motor vehicle accidents involve a truck and every year thousands of motorists and truck drivers are killed or injured in truck accidents resulting from driver’s mistakes and negligence on the part of trucking companies, including mechanical failures, reckless driving, inadequate driver training, and the most common –driver fatigue.

Determining the cause of a truck accident may be daunting. Our injury lawyers will gather evidence, and determine, for example, whether the trucking regulations or other state laws apply to your truck accident and whether there have been any violations. Our attorney will also work with experts to gather information and determine the cause of your truck accident.

Trucking companies and their truck drivers legally have accountability in New Jersey to operate their trucks in a safe and responsible manner. Truck companies in New Jersey are required to have extensive insurance. However, navigating the insurance company’s policies and procedures can be very complex. Our injury attorneys thoroughly understand New Jersey’s complex legal and insurance issues and will vigorously support your rights to medical and other benefits with exceptional client service.

Our experienced injury lawyers will be able to ascertain who the responsible parties are and file claims against such parties. Not only may the commercial truck driver be liable, but also the truck owner, the trucking company, and the trucking contractor. If the accident was caused by a mechanical failure, or a defective part, component or system, the possible parties may also include the manufacturer, the seller, the installer or a mechanic who made repairs.personal injury lawyers

Well Respected in the Legal Community

Our injury attorneys specializing in truck accidents have worked hard at building a track record of honest, smart, responsive and responsible representation. We have earned the respect of the courts, judges and other attorneys in all venues of federal and New Jersey state courts – trial and appellate. And nine of our attorneys were recently named as “New Jersey Super Lawyers” in a vote of their peers.

More importantly, we have earned the respect of our clients and other professionals. In fact, 4 out of 5 new cases are referred by clients or professionals with whom we deal or are repeat clients.

We have the resources to handle the toughest cases

Our Law Firm has won millions of dollars for thousands of New Jersey clients. Our lawyers level the playing field between you and the insurance company. We have vast resources to invest in medical experts, technical experts, engineers, legal research, discovery & preparation expenses, and anything else our team of attorneys feel necessary to bring you the best result in your New Jersey truck accident case.

Tell us your story.

If you or yours have been injured in a truck accident then call our NJ injury attorneys

We’ll Fight For You Like it Happened to Us.

Read about related legal representation by the New Jersey law firm

Auto Accident
Construction Accident
Defective Product
Motorcycle Accident
Nursing Home Negligence
Slip & Fall
Truck Accident
Other Injury

The misconceptions of the “Down” Season

“The misconceptions of the “Down” Season”

It is a common misconception that the landscaping professional needs to slow down due to the fall and winter (“down” season). Another misconception says this is not a good time to start a yard construction project or begin a regular maintenance program for your yard. landscape maintenance
Landscaping seasonality actually enables you and your landscaper the best chance to get started on a project or maintenance. Here’s why . . .

Construction. Why you ask?
The best time to start a landscaping construction project is during the “down” season. A landscaping construction professional can work in any weather. Yes, it can be easier when the weather is nice, but steps can be made to handle adverse weather while still getting a project done. The cooler/damper weather makes it easier to work in the soil, dig and plant.
The bigger benefit of doing construction projects during the down season is you get to enjoy the benefits of using your completed yard during the nicest times of the year. If you wait to start your project during the best weather you typically won’t enjoy the “use” your yard when the weather is the nicest.
Why else you ask?

-Projects usually are easier to schedule during the down season.
-Suppliers often give bigger discounts on plant stock or material.
-Your yard gets a jump-start on what it needs to look good for the spring and summer.

Maintenance. Why you ask?

The down season also provides the best chance at a beginning or maintaining a solid yard maintenance program. Homeowners generally feel that there is nothing to do in the winter and they may be wasting money on beginning or staying with yard maintenance.
Eliminating your landscape professional during the fall or winter often ties their hands unnecessarily as they have to play catch up in the Spring usually costing you more time and money.
The fact is a yard can look good during adverse fall and winter weather. With consistent care you are taking necessary steps to ensure a healthy and up kept yard as you move into the spring and summer seasons.
landscape professionals

What else does a landscape professional do during the “down season”?

• Clean up hard surfaces and flowerbeds of excess leaves and tree debris accumulated during foul weather and tree seasonality.
• Winterize sprinkler systems.
• Turf care: Aerate, thatch, over seed, fertilize, moss control, control moss and broad leaf weeds.
• Turf repair: spot repair.
• Drainage work.
• Fertilize evergreens and shrubs.
• Clean gutters.
• Mow turf (Washington typically has a 1-2 month time where mowing is not necessary, but due to • our mild climate mowing can be year round).

We’ve listed below a checklist of other areas to assess in your yard going into this Fall/Winter:

• Pressure wash dirt and moss off driveways, walkways, and entrance areas.
• Decorate the yard with Fall/Winter color annuals.
• Repair landscape lighting.
• Winterize water features.
• Clean up any accumulated debris in yard.
• Prune larger tree limbs next to house or near power lines.
• Wrap/Cover outdoor water faucets.