California Injury Attorney Blog

The National Highway Traffic Safety Administration reported that 4,229 people died and 90,000 people were injured in traffic crashes involving large trucks in 2008. The fatality statistic accounts for 11 percent of all traffic fatalities in 2008, although large trucks made up only four percent of all registered vehicles. These comparisons show that collisions involving large trucks are much more likely to be fatal and to cause serious, catastrophic injuries to vehicle drivers and their passengers.

While the number of large commercial vehicles involved in fatal and serious injury crashes has fallen over the last decade, according to data from NHTSA, they are still happening and almost always result in catastrophic injuries to the passengers in the other vehicles. But for those victims that do survive catastrophic truck wrecks, the decline in numbers is meaningless. Their lives - after a wreck or a collision with a large tractor truck - are irrevocably changed says California Truck Accident Attorney Steven C. Peck.

Long-Term Consequences of Catastrophic Accidents

Georgia construction business owner Scott Graham is an example of a catastrophic injury victim that endured overwhelming life changes after a traffic crash involving a commercial vehicle. As reported by the Cedartown Standard & the Rockmart Journal, in 2006, Graham was paralyzed from the chest down when he was t-boned by a container truck on his way to a work site for his business, Graham Construction.

Along with permanent paralysis, Graham suffered significant injuries to his lungs, bowels and stomach. He spent nearly half a year recovering from his injuries. Graham entered therapy, scared that he would never be able to sit up on his own. He had to relearn balancing himself, sitting, turning his body, and other basic physical activities.

Amazingly, Graham still works on construction sites operating large excavation equipment. He has had to retrofit all his equipment with hand controls, as well as devices to hoist him into the machines.

Graham's recovery and return to his occupation is inspirational and, unfortunately, probably not typical for catastrophic injury survivors. Clearly, many victims face long-term rehabilitation, potential job loss and retraining for another occupation, and modifications to make homes, vehicles and work environments accessible. Many victims and families will never achieve any results close to Graham's return to his job and some level of independence.

Being Made Whole? Damages After a Serious Injury

Traditionally, in our civil justice system, a victim can sue a negligent party for damages that would make a victim whole, or return the victim to the position he or she was in before the negligence occurred. In catastrophic injury cases, it is hard to say that any victim or family could ever be made whole after these tragedies. But victims are entitled to a number of different types of damages following a serious personal injury including:
- Medical expenses
- Future medical treatment and rehabilitation
- Lost wages
- Pain and suffering
- Permanent disfigurement
- Property damages

Victims who settle with defendants or win damages at trial generally use the compensation to catch up on a medical expenses and household bills, make modifications to their homes and vehicles, obtain education and training for new jobs, learn new daily living skills, or be made as comfortable as possible while living with their limitations and disabilities.

Who is At Fault?

After some tractor-trailer collisions, the fault at first may not be entirely clear and obvious. While trucking companies and their insurers and investigators rush to the scene to immediately begin clearing themselves of liability and putting their own spin on the "facts", the driver in the passenger vehicle rarely has this advantage. The trucking company's insurer may offer a quick settlement to the motorist and attempt to assign some or all of the blame for the collision to the victim. It is rare that an initial, low-ball offer of settlement should be taken. Trucking companies and their insurance companies often offer to unsuspecting victims or to their inexperienced attorneys, at the beginning, a very low percentage of what a serious case may ultimately be worth in an attempt to buy a significant case for a small fraction of what the case is really worth.

In fact, many factors from distracted driving to driver fatigue to poor maintenance or training may have led to or contributed to the crash of a tractor trailer truck. Without a careful investigation, the victim and his/her family may never know the true reasons for the wreck or the true value of the case. The victim may have significant claims against the semi driver, the trucking company, maintenance shops, truck and parts manufacturers, an insurance company, or even a governmental entity, if dangerous road design, an improper signal or signage was a factor in the crash.

These complex cases may require significant financial resources in order to investigate, hire the right experts, and pursue a verdict or a significant settlement for the victim. Victims should retain a knowledgeable and experienced trial lawyer as soon as possible. If possible, investigators and accident reconstructionists representing the victim should be sent to the scene to take measurements and photographs before valuable evidence about the crash is lost or destroyed. That is why it is important for victims and families of victims to talk with experienced trucking attorneys as soon as possible so they will have time to investigate the wreck, the scene, the truck driver and the trucking company. Driver logs, maintenance logs, cell phone records, GPS records, damaged vehicles and other sources of information can provide an account of the condition of the driver and the commercial truck to determine whether other defendants besides the driver and the trucking company are liable and should be sued. It is important to have your attorney get copies of these documents as soon as possible and/or to send spoliation letters so that the potential defendants will be liable for destroying evidence if they fail to keep pertinent records and key information.

Continue reading "Survivors of Catastrophic Trucking Accidents Face Serious Personal Injury Challenges" »

Long-term Effects of Traumatic Brain Injury

The long-term outcome of traumatic brain injury (TBI) is difficult (and sometimes impossible) to predict. While new breakthroughs are made every day, still, very little is actually known about the brain. Some patients make a rapid and full recovery, even from severe injuries, while others may experience permanent impairment from a minor concussion. says California Serious Injury Attorney Steven C. Peck.

Symptoms can take months or even years to surface, and many people with TBI experience improvements followed by setbacks, making recovery a slow and frustrating process.

Overwhelming personality and behavioral changes can make TBI frightening and confusing for victims and their friends and family. More than anything, TBI victims need the understanding and support of loved ones.

Post Concussion Syndrome (PCS)

PCS is a combination of disorders from which TBI victims often suffer. Although recognized for over 100 years, PCS is still a controversial subject within the medical community, making support, treatment, and therapy difficult for many victims to obtain. Symptoms of PCS include:

· Headaches

· Dizziness

· Nausea

· Ringing in the ears (tinnitus)

· Sensitivity to noise

· Sensitivity to light

· Vision problems

· Sleep disorders

· Fatigue

· Irritability

· Personality changes

· Apathy

· Depression

· Confusion

· Difficulty concentrating

· Impaired attention

· Memory problems

· Slowed mental processing

· Difficulty with abstract thinking

Alzheimer's Disease

AD is a progressive, neurodegenerative disease characterized by dementia, memory loss, and deteriorating cognitive abilities. Recent research indicates an association between head injury in early adulthood and the development of Alzheimer's later in life. The more severe the head injury
, the greater the are the chances of developing AD later in life.

Parkinson's Disease (and other motor problems)

Movement disorders as a result of TBI are rare but do occur. Parkinson's may develop years after TBI as a result of damage to the basal ganglia. Symptoms of PD include tremor or trembling, rigidity or stiffness, slow movement, inability to move, shuffling walk and stooped posture.

Continue reading "Long-Term Effects of Traumatic Brain Injury" »

Whiplash injury occurs in car accidents when a person's vehicle is applied force usually, by another vehicle. The head is pushed in one direction and then when the vehicle is stopped the head is pushed in the opposite direction, this is what causes the soft tissue around the neck to stretch, often beyond its elastic limitations, this is often a source of not only neck pain, but also headaches.

Seat belts have been effective in saving lives, but there are also studies which indicate that the very same seat belts increase the risk of whiplash injury or injury to the neck. The seat belts keep the body and place, but the head is left with no protection and the rotation and forces applied to the head cause strain and injury to the neck. In at least one study it was determined that accident victims were more likely to suffer cervical injury (neck) when they were wearing seatbelts by a factor of 1.58 to 1.

Insurance companies often rely on engineers to testify in court concerning the forces applied as a determining factor as to whether or not there is injury. More often than not there is a reference to Delta-V, but studies have shown that injury cannot be predicted solely by knowing the delta-V of a collision. Even under controlled conditions the delta-V was insufficient to determine whether an injury would occur or not. Delta V is simply an equation taken from physics showing a change in velocity.

The typical crash analyses involves an engineer looking at pictures of the crashed car and then looking at a repair estimate to determine how it compares to similar cars or the same model car that have been crashed tested. The biggest problem with this analyses is that it is comparing apples to oranges. The crash tested vehicles are generally tested against a solid wall, where the actual crash for the injury claimant has crashed with another vehicle. The tested crash is under control conditions and the crash is done with great care. The real world crash has no such conditions. The timing in the crash is different for each crash the location of the damage varies. The angles of the vehicles at the time of the collision, the seating position of the driver and passengers, and the direction where the persons face varies in every single accident.

Injury cannot be predicted for any one individual because individuals vary greatly. Everyone has a different posture, different tensile strength of the ligaments, a different position in the vehicle at the time of the collision, different spinal canals, a different nervous system, and reaction to stimulus. Any one person can also change from month to month, maybe one started exercising three weeks ago, or changed the diet substantially, or had another injury, or over stressed the body.

Insurance companies nonetheless relay on these engineers to testify consistently on claims that low impact collisions cannot cause injury. Accident reconstructionists often use software to calculate speeds of impact by looking at several factors, sometimes just pictures. The software is usually not accurate enough for low impact collisions and the results can vary in extremes from engineer to engineer. The calculated speed for the collision varies greatly depending on how the calculations are entered, most software cautions that it is not reliable for low speeds and studies have shown that these computations are unreliable. The results also vary depending on the relationship between the engineer doing the calculations and the insurance company paying the tens of thousands of dollars to the engineer.

In addition to the engineers, insurance companies also hire medical doctors and chiropractors to render opinions. Opinions which are more likely than not biased.

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Continue reading "Whiplash Peronal Injury Can Cause Serious Damages" »

Among the all too common injuries that can result from an accident involving a commercial truck are amputations. These can come about for any of various different reasons including severe fractures from the impact and in some cases, as in one of the discussed situations below, from having the truck run over a victim's limb. Amputation injuries often leave the victim with an impairment that prohibits them from returning to their previous job. This can amount to a significant loss of earning capacity. In addition to the serious nature of such an injury, the loss of earning capacity can be a factor contributing to a significant recovery. Consider the following cases.

In the first documented case the driver of a 65 foot tractor trailer was diverted from his planned drop off in a different town and was traveling on a winding road lined with trees. The road consisted of 2 travel lanes which were separated by solid double yellow lines. It was at this location that the driver of the truck decided to make a left turn as an on-duty police officer was coming around the curve. The officer was responding to a call about a nearby disturbance. The officer was riding a police motorcycle with the flashing blue lights activated. As the officer came around the curve the truck blocked his way. This forced him first to apply both breaks and then to go into a skid in an attempt to avoid a full speed, full body collision with a truck. The skid took him partially under the truck which rolled over his leg and then stopped thereby pinning his leg. A rescue crew later had to remove him from beneath the tractor-trailer. Among his various injuries he suffered a serious leg fracture which in the end lead to an above the knee amputation of his leg. The law firm which represented the officer in this case reported that a settlement was reached in the sum of $1.5 million.

In the second documented case the driver of a truck made a left-hand turn into an intersection while a car was already in the intersection traveling straight. As a result of the collision the driver of the car suffered multiple fractures to both legs as well as a fracture to one of his elbows. Even after a number of surgeries on his legs he is permanently disabled and may in time require an amputation of one of the legs. The victim, only 37 years old at the time of the accident, earned in excess of $30,000 a year bringing his total loss of earning capacity to over $1 million. The law firm that represented the victim in this case sued both the driver of the truck as well as the driver's employer and the company which had hired that employer. They were able to name the last two as defendants because the driver was on his cell phone speaking with someone from his employer's office at the time of the accident. The employer admitted that the driver was acting within the course and scope of his employment at the time of the accident. The law firm reported that a settlement was reached in this case on behalf of the victim in the amount of $2.85 million.

The two cases discussed above illustrate just some of the ways in which an amputation may be the end result of a truck accident. The cases also illustrate the impact that such an injury can have on the victim both in terms of quality of life as well as in the loss of earning capacity. Lastly the cases illustrate that these type of cases have the potential for a significant recovery for the victim even when the victim has not needed an amputation at the time of the recovery but is likely to need one later.

Continue reading "Amputation Is A Common Catastrophic Injury Resulting From a Commerical Truck Accident" »

Commercial truck accidents almost always result in very serious or fatal injuries. These injuries are also accompanied by substantial medical bills, rehabilitation, lost time from work, vehicle and/or property damage, and other financial consequences.

Consulting with a Peck Law Group truck accident lawyer is necessary to guarantee the full recovery you are owed under the law. A Peck law Group truck accident lawyer can help you determine who was ultimately at fault for your injuries, if more than one party is liable, and walk you through the often complicated legal process of filing a personal injury lawsuit or negotiating with an insurance company.

Types of Compensation Available after a Truck Accident

Every state's laws differ on what is allowed to be recovered in a personal injury lawsuit stemming from a commercial truck accident. Most states, however, do allow a seriously injured plaintiff to recover all past and future medical expenses.

Most courts use the same benchmark to measure the amount of recoverable medical expenses. Generally, the quality of your life following your truck accident compared to your quality of life prior to your truck accident will play a considerable role in the amount of damages able to be recovered. The damages you will be able to recover will fall into two categories:

o Economic (medical expenses and lost wages); and
o Non-Economic ("pain-and-suffering" types of injuries)

Commercial truck companies, as well as individual truck owners, are required to carry an extensive amount of insurance in the event of a major truck accident. As a victim of such an accident, you are entitled to a fair settlement from those insurance companies to compensate for your injuries and losses says California Truck Injury Attorney Steven C. Peck.

Determining Economic Damages after a Truck Accident

Economic damages are usually reasonably obvious, realistically easy to estimate, and convincingly easy to prove. Generally, there will be no limit placed on the amount of economic damages that can be recovered and they usually consist of:

o Past and future medical expenses; and
o Other expenses associated with the injury.

The injured party's physical condition, health, and life expectancy will all be taken into consideration when recoverable medical damages are calculated. For example, an 80-year-old male with a broken leg will have lower current and future medical expenses than a 20-year-old suffering from an incapacitating and/or debilitating injury requiring a lifetime of medical care with no possibility of full recovery.

Most serious injuries stemming from a truck accident will be life-altering. Many people will require long and intensive medical treatment, and some will need permanent, life-long care. One very important caveat must be realized when attempting to recover medical damages: Medical damages recovered at trial must account for ALL the latent and future medical expenses, not only the medical expenses immediately following the accident.

That is why it is important to speak with an experienced Peck Law Group truck accident attorney before accepting an insurance settlement. You need to ensure that the amount the insurance company is offering will not only pay for your current medical bills, but related expenses from your injury that may develop later on. A qualified Peck Law Group truck accident lawyer will also be able to call on expert witnesses such as medical professionals, accident reconstruction specialists, and even economists to help you determine how much compensation you will actually require.

Continue reading "Commercial Truck Accidents Can Cause Serious and Catastrophic Injury" »

Three very common injuries reported after an truck / auto accident are whiplash, back injuries and head trauma. These injuries are all potentially serious and suffering from any of them can be extremely painful. They also can take a very long time to heal. On top of this they are expensive and disrupt one's quality of life. Due to this, an Peck Law Group truck / auto accident lawyer can be very helpful to you. This article will describe the injuries and why it is important to seek legal counsel for your injries and pain and suffering.

Whiplash is an injury that occurs when the muscles and ligaments of the neck over-extend and tear. This is due to being hit from behind. The head moves slower than the rest of the body after and impact, and takes slightly longer to catch up. The head moves forward with its momentum after the crash and over extends neck muscles during this motion. Whiplash is a very painful injury that makes head movement difficult and restricted

Back injuries can be more serious than back pain. A back injury is very debilitating and restricts a person from certain movements and tasks. Even many exercises and walking will be impacted. Back injuries are present as the result of an accident and are identified as sharp twinges or excruciating pain in the neck and back when you move around. You can also experience severe discomfort while sitting or lying down. Back injuries can make normal life extremely difficult for a long time as the injury heals.

Head trauma is can be the most serious of the injuries. Even though the brain is well protected inside the skull the rapid deceleration of the vehicle causes the brain to hit the inside of the skull. Injuries to the brain can cause a loss of motor skills and speech, coma, or death. Studies show that 50 G's of force can cause brain damage. This is the force that you may experience in an auto accident. Even accidents with fewer G's can cause brain damage. Brain injuries can be very disruptive to normal life and take a long time to recover from.

It is important to remember that these injuries can result from an truck / auto accident and can be very difficult and expensive to deal with. It is important to consult with an Peck Law Group truck / auto accident attorney . The road to recover is long and painful and it helps to have someone on your side that will work for you.

Continue reading "Whiplash, Back Injury and Head Trauma Caused By Catastrophic and Serious Truck / Auto Accidents" »

Back injuries are the most common injuries that personal injury lawyers hear about. Since your back basically holds you up, one would wonder how it is that your spinal cord seems so easy to injure. The effects of back injuries can often be devastating. says California Catastrophic and Serious Injury Attorney Steven C. Peck.

Spinal injuries and herniated discs can ruin your life. Your back is fundamentally important to your overall physical well-being. Often, an injury to your back will lead to a wide range of other health problems. Damage to the spine is possibly one of the worst physical injuries anyone can suffer. Our spinal cord is the most important structure which allows us to move our body. A recent example would be Christopher Reeve, who after being thrown from his horse in a competition, suffered a life-altering spinal cord injury and became a quadriplegic for the rest of his life.

While you might think it would take a huge amount of force to cause a serious spinal cord or back injury, in fact, a disc can herniate just by a person twisting too quickly. Thus, when a large and powerful tractor-trailer crashes into a small car or motorcycle, this impact can cause serious back injuries. Semi-Trucks are extremely large and can carry a large amount of weight, even more so with an attached trailer and cargo. With this immense weight, trucks become wrecking machinery, carrying more might than anything else on California roadways.

Moreover, many tractor-trailer collisions occur because a semi-truck rear-ends a car. When a car is rear-ended, the car's driver is snapped back and forth, severely traumatizing the spine and causing a back injury. When that happens in conjunction with the force exerted by a tractor-trailer, it's disastrous.

Many people have unfortunately been involved in 18-Wheeler collisions throughout California and these tractor-trailer crashes have left them permanently and severely injured. In California big rig accident cases, it is crucial that appropriate compensation is sought to for both your mental suffering and physical injuries.

Common causes of truck accidents include defective truck equipment, negligent hiring, overloaded trucks, unsecured loads, truck driver fatigue, truck drivers driving under the influence of drugs or alcohol, speeding, unsafe road conditions, and negligent truck maintenance. Eighteen-wheelers and large trucks often weigh 10 times more than passenger vehicles. When a collision occurs, the smaller vehicle's driver and passenger can be seriously injured.

Continue reading "Back and Spinal Cord Injuries Can Be Life Threatening" »