Information about Scaffolding Accidents and Lawsuits

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Construction workers, especially the veterans, fully understand the risk they take on with their line of work. And for anyone that is considering joining the construction workforce, it is recommended to examine these risks before making any final decisions. This is because the construction industry can be extremely dangerous. Workers can be exposed to several environmental hazards on a daily basis.

Harmful chemicals, extreme heights, heavy equipment, over-exposure, and much more are just a few threats that constructions workers face every single day. And because of these dangers, construction employees are injured frequently. In some cases, serious accidents occur, causing severe injury or even death. One of the most common construction accidents involves poorly maintained and defective scaffolding.

Construction Scaffolding Accidents

Scaffolding is a necessary tool in the construction industry. It is used to allow access to all interior and exterior areas of a structure, for painting, sealing, and other types of construction work. Because they are used as such great heights, accidents are often serious, if not fatal. In fact, it is estimated that more than half a million construction workers are injured each year as a result of faulty scaffolding. Although there are strict industry regulations for setting up scaffolding, many construction companies cut corners when it comes to proper scaffolding installation.

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Missing parts, missing or loose guard rails, missing side brackets, plank failure, missing base plates, and standard slip and falls are the most common reasons why scaffolding accidents take place. These are the areas where the negligence can occur. It can also occur at the hands of the manufacturer if the product, in this case scaffolding, was delivered defective. It can also be a result of employee negligence if a few decide to not follow proper installation instructions.

There are several cases of negligence that can occur when it comes to scaffolding accident, but in all cases, victims should be fairly compensated for their injuries. Just because you know your construction job comes with risks, doesn’t mean your employer is off the hook for any personal injuries you sustain on the clock. If you were recently injured at a construction site, contact a licensed construction accident lawyer for help navigating your company’s workers compensation system. They can ensure you receive full and fair compensation for your damages.

Craven, Hoover, and Blazek P. C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P. C. at 317-881-2700 and speak with a licensed construction accident lawyer in Indianapolis, Indiana. Ask for seasoned attorney, Daniel Craven, and receive a free initial consultation to discuss your injuries and determine your eligibility for remuneration. We never collect lawyer fees unless we recover compensation for you. Call 317-881-2700 to learn more about construction accident lawsuits in Indianapolis, IN.

A Pre-Existing Medical Condition Can Affect a Personal Injury Claim

Medical Malpractice Lawyers 317-881-2700

Accident Lawyers 317-881-2700

When two drivers are involved in a motor vehicle accident, the at-fault party is the driver that demonstrated negligence, thus causing the accident. It is the insurance company of the at-fault party that will file any personal injury claims or damage claims set by the victim or victim’s family. One of the most common defense methods used by insurance companies in an attempt to evade responsibility for someone’s damages, is to identify a pre-existing medical condition and blame the severity of one’s injuries incurred in a car accident on this pre-existing ailment
rather than the accident itself.

If they suspect that a person’s injuries are a result of an injury that has occurred in the past, they can legally request and receive a victim’s medical records by subpoena to look for any medical ailments that might be related or similar to the injuries sustained in the car accident. Insurance adjusters do this in order to prove that a pre-existing medical condition is directly related to the severity of a victim’s current injuries caused by a motor vehicle accident. If they are successful, then a victim may not be able to recover as much compensation for their damages as they would if they had not had a previous medical condition similar to the ones incurred from the car collision.

At-Fault Liability

Just because a victim might have a pre-existing condition that is relatable to their current injuries following a car accident, an at-fault driver is not off the hook. They are still liable for their negligence, and are still accountable for a victims exemplary damages. It simply means that a victim will have to fight harder to prove their case and defend the fact that their injuries were solely a result of their recent accident. Challenging an insurance company on your own is almost impossible; as they will find any reason to not pay out as much money for one’s damages.

This is just one reason why a car accident victim requires the professional representation of a personal injury attorney. They retain the litigation and trial experience necessary to prove a case and recover the full and fair compensation their client’s rightfully deserve. A licensed car accident lawyer knows how to build a solid injury case and refute any allegations from an opposing party. They can facilitate an in-depth review of all medical history, as well as, call previous doctors and medical advisors to the stand to testify on their client’s behalf. They will fight hard to prove to the judge and jury that the previous medical injury was fully healed, and not a pre-existing condition.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call our licensed car accident lawyers at 317-881-2700 for information about filing a claim after a motor vehicle accident in Indianapolis, Indiana. Attorney Daniel Craven is eager to answer your questions about suffering serious injuries after a car wreck. We offer free initial consultations and never collect attorney fees unless we win a settlement for you. Call 317-881-2700 to learn your rights following a serious car accident in Indianapolis, IN.

Is Sliding on Black Ice and Causing a Traffic Accident Considered Negligent and Grounds for a Lawsuit?

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Motor vehicle accidents can occur for countless reasons. Most traffic accidents are caused by drivers’ carelessness or defective road signals, while most others are the consequence of accidental circumstances. This time of year, many car collisions are a result of hazardous weather conditions, like rain, fog, lightening, snow, and ice. Wearing your seat belt and driving at a safe speed are two significant ways to prevent injury and accidents from happening; however, there are some motor vehicle accidents that cannot be avoided. Sometimes, these poor weather conditions cause drivers to lose control of their vehicles, spin into other lanes, collide into embankments, hit curbs, and much more.

Black ice is a common culprit behind losing control of a vehicle in bad weather. It is a frequent hazard that causes accidents just like the ones mentioned above. But to what degree are you guilty if you slide on black ice, lose control of your vehicle, and collide into another driver? Is it pure accident or should you be held liable for the other drivers’ damages? Continue reading to learn more about liability in a traffic collision caused by black ice, or other severe weather conditions.

Motor Vehicle Accidents and Liability

If you were to slide on black ice while operating a motor vehicle, and subsequently collide into another vehicle, causing that driver and their passenger’s injury or damage, would you be liable? The short answer is maybe; but there is a much longer explanation. The most important factor to consider when determining who responsible in a car accident is whether or not a driver acted carelessly, or if they acted reasonably, even in dangerous weather conditions. Did a driver act in accordance to the standard of care expected by a reasonable person? Or were they driving recklessly?

For example, if a reasonable person was driving in poor weather conditions, like snow or ice, they would “reasonably” drive at a safe and cautious speed, rather than driving at the suggested legal speed limit because their visibility and control is limited. On the other hand, a reckless driver would continue to drive normally, in poor weather, at the suggested speed limit. If it were a sunny and dry day, then driving at the recommended speeds is, of course, reasonable; however, in dangerous weather conditions, a reasonable driver would slow down and drive more cautiously. This is a huge factor in determining liability in a motor vehicle accident lawsuit, whether natural elements were supposedly the cause or not.

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Another aspect to consider is the condition of the vehicle. If the owner of the car or truck did not reasonably care for their vehicle in order for it to drive safely and function properly, then they may be at-fault for a car accident that occurs in poor weather. For example, if a person has very old, bald, and worn out tires on their vehicle, and they lost control on ice or a wet spot, then poor weather is not the sole reason why an accident happened.

Had the driver reasonably serviced their tires, they may not have slid on the ice or slick spot to begin with because they would have had better traction and stability control. Other reasonable maintenance for a car would include functional windshield wiper blades, good brake pads and rotors, functional brake lights and head lights, and much more. These, and more, are additional concerns that an insurance adjuster might look at when determining liability in a car accident case. These types of lawsuits are often tricky and complex. There are several factors and variables that determine who is at-fault in a car accident.

If you are ever an innocent victim in a traffic accident that was caused by another person’s reckless driving, contact an Indianapolis car accident attorney right away. You may be entitled to compensation for your damages, such as lost wages, medical expenses, hospital bills, vehicular damages, pain, suffering, mental anguish, prolonged rehabilitation, and much more.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a car accident lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, is a licensed personal injury lawyer with several years of litigation and trial experience. He is happy to answer your questions about filing a car accident lawsuit, and assess your eligibility for recompense. Our law firm offers free initial consultations and never collects lawyer fees unless we win your settlement! Call 317-881-2700 for more information about recovering compensation following a motor vehicle
accident in Indianapolis
, IN.

Personal Injury Guide and References

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

A personal injury can happen to anyone, children and adults alike. When someone is injured in an accident that was caused by another entity’s negligence (a person, company, organization, product, etc.), they are considered victims of tort. Tort is a civil wrong that can serve as grounds for a lawsuit in order to recover compensation for related damages. There are three different kinds of tort; intentional torts, negligent torts, and strict liability.

Examples of intentional torts can include cases of assault, harassment, trespassing, or emotional distress. Negligent torts can include cases like fraternity hazing gone bad, wrongful death, and motor vehicle accidents. Cases of strict liability can include slip and fall accidents, defective products, and more. There are several other areas of tort as well, not included in the above categories; such as defamation, harassment, nuisance tort, and more.

An example of a common tort would be if a drunk driver hits you and causes you serious injury. In this case, they have committed a negligent tort, and you have grounds to pursue lawsuit to obtain recompense for vehicular damages, personal injuries, trauma, lost wages, and much more. Assault is another example of tort that can lead to a personal injury lawsuit. Some forms of tort, mostly intentional ones, are not only grounds for a personal injury lawsuit, they are also punishable by imprisonment. Other forms of personal injury include wrongful death. Property damage, however, does not fall under personal injury law.

Personal Injury Terms

We have covered what tort is, and what a personal injury is, but there are other related terms that might be helpful to know before pursuing your own personal injury lawsuit. There are nine principle participants in a general personal injury claim. The first is the victim, or person filing for the victim. This is called the claimant. The rest are listed and defined below. Continue reading for more helpful legal terms related to personal injury lawsuits.

Claimant – This is the person that files the claim with an insurance company, or the person that actually suffered the personal injury. In the case of a wrongful death, the claimant would usually be a relative or spouse.

Party – A participant in a lawsuit.

Plaintiff – Also called the “claimant”, or the person that files the lawsuit.

Defendant – This is the opposing party (either a company or individual), or the party being sued.

Lawyer – This is the licensed legal party (usually one person, or sometimes a small team) that represents the claimant in a personal injury lawsuit.

Adjuster – This is the individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – This is the insurance company of the victim, or person filing the claim.

Third Party Insurance – This is the opposing party’s insurance, or the party being sued.

You can speak with a licensed Indianapolis accident attorney about your personal injury questions and concerns by simply scheduling a free initial consultation. They can listen to your story and assess whether or not you were an actual victim of tort. If they find that you or your loved one was wrongfully injured or killed as a result of another entity’s negligence, they will represent your claim. Many law firms do not collect upfront lawyer fees, and only do so if they recover full and fair compensation for their clients.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indianapolis personal injury attorney regarding a recent tort or accident. Seasoned lawyer, Daniel Craven, and the panel of personal injury attorneys alongside him, are eager and waiting to recover the full and fair compensation you rightfully deserve after being negligently injured in an accident. We offer free initial consultations and never collect lawyer fees unless we settle your claim. Call 317-881-2700 for more information about filing a personal injury lawsuit in Indianapolis, Indiana, today.

What To Do After Sustaining a Serious Head Injury

Head Injury Lawyers 317-881-2700

Head Injury Lawyers 317-881-2700

Traumatic head injuries can be extremely dangerous, and in serious cases, fatal. Serious head traumas can easily cause trauma to the brain, leading to an even more serious injury, brain damage. If you or a loved one was recently injured and suffering harm to the head or brain, it is vital to seek immediate medical attention, even if you think you are fine. Head injuries can turn fatal hours, and even days, later. At times, symptoms for head and brain trauma can start to appear long after an accident. This is why they are so dangerous and so confusing.

In the case that someone you loved, or yourself, suffered a head injury as a result of another’s negligence, carelessness, or intent, it is equally vital to seek out legal counsel to learn your rights. You may be eligible for compensation to cover your damages; like medical expenses, hospital bills, lost wages, pain, suffering, prolonged rehabilitation, mental trauma, brain damage, wrongful death, and so much more. Continue reading to learn what your next steps should be after sustaining a serious head injury caused by a product, company, person, or other entity’s negligence.

Major Head Trauma or Injuries

Head injuries should NEVER be taken lightly. Even if a person is laughing and walking around after an accident in which they hit or fell on their head, it doesn’t mean they are okay. They may have a blood filling in their skull, spinal damages, or worse. This means fatalities or irrevocable damages, like brain damage and blindness, can occur later on, after being hurt. If you or someone you know has just hurt their heads, don’t wait another minute to call the ambulance or EMT’s. Calling for emergency medical assistance should be the very first thing you do after someone has sustained a head injury. As you are waiting for EMT’s to arrive, start to evaluate the damage. Look for dizziness, changes in emotional or physical behavior, loss of vision, confusion, or vomiting. All of these are signs of having a concussion or worse.

Head Injury Lawyers 317-881-2700

Head Injury Lawyers 317-881-2700

Also while receiving on-site medical care from an ambulance or EMT, it is important to call the police and file a police report regarding the events of the accident as well. If you or your loved one wishes to pursue compensation for damages suffered as a result of another’s negligence, it is critical for a police report to be on file so it can be used as evidence, if need be.

In most serious head or brain injury claims, insurance companies are good about settling out of court. A case is only brought to trial if compensation cannot be negotiated among both parties. Once you have a police report on file, the next step is to contact an Indianapolis brain injury lawyer for professional legal counsel. They retain the proper licenses, knowledge, resources, connections, and experience to represent your claim and recover the full and fair compensation you deserve.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed head injury lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, has decades of trial and litigation experience, and can represent you and your family in your time of need. Our law firm offers free initial consultations, so there is never any out of pocket fees just to have your case assessed by a professional personal injury lawyer. We also never collect attorney fees unless we settle your claim and recover compensation for your damages. Call 317-881-2700 for more information about
head injury lawsuits in Indianapolis, IN.

State Regulations for Truck Drivers Regarding Drugs and Alcohol

Truck Accident Lawyers 317-881-2700

Truck Accident Lawyers 317-881-2700

The trucking industry must follow several federal and state protocols and procedures, including licensing, equipment regulations, loading regulations, safety regulations, and much more. Not only do these rules and codes of practice have to be obeyed by all U.S. truckers, they must also be followed by any Canadian or Mexican trucking companies driving on U.S. soil. Truck accidents are all too common, which is why truck safety is so vital to the industry, and why these regulations exist.

One of the most common causes behind truck accidents is driving under the influence of drugs or alcohol. Continue reading to learn what is expected of our country’s truck drivers, and which state regulations relate to drug and alcohol consumption.

Drug and Alcohol Testing

In the United States, anyone driving over the alcohol level of 0.08 is considered an intoxicated driver. In the trucking industry, this alcohol level is much less. The legal limit for an on-duty truck driver is 0.04 or less. Because truckers are performing, “safety-sensitive functions” while on the job, they must be free of drugs and alcohol. This is why truck drivers are tested for drugs and alcohol before they are hired, and further on during periods of their employment.

Truck Accident Lawyers 317-881-2700

Truck Accident Lawyers 317-881-2700

When a new truck driver is in the process of being hired, they are required to take a drug and alcohol test. If they refuse these tests, they cannot be eligible for employment. For those who move forward with the hiring process, they can expect a urinary or blood test, depending on the clinic used and the company’s policy. They must pass both tests by rendering negative results on both drugs and alcohol. Drugs like cocaine and marijuana can stay in a person’s blood and urinary systems for weeks at a time; so a person can take a drug test sober, but still fail if drug-use was in recent weeks. Because alcohol doesn’t stay in your system long, a person who fails an alcohol test is likely to be suspected of consuming alcoholic beverages on the same day of the test. And anyone applying for a driving position while
under the influence of alcohol is not an
appropriate candidate for a truck driver.

State regulations also mandate that when a truck driver is involved in an accident or collision while on-duty, he or she is tested for controlled substances and alcohol once again. If they refuse these tests at the scene of the crime, or sometime following the incident, they are not only subjected to termination, they might also face legal ramifications. Even when accidents are not happening and truckers are not being hired, random drug testing among employees is required in the trucking industry. Each year, trucking and freight companies are legally mandated to randomly test ten percent of their drivers for alcohol use, and 50 percent of their drivers for controlled substances.

If you or someone you loved was recently injured in a truck accident as a result of a negligent truck driver, contact a licensed Indianapolis truck accident lawyer right away. Don’t wait another minute to recover the full and fair compensation you and your family deserve after suffering damages in a truck-related accident.

Indianapolis Truck Accident Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with licensed and experienced Indianapolis truck accident lawyers about recovering compensation for your damages following a wreck. Seasoned personal injury attorney, Daniel Craven, retains years of litigation and trial experience. He can settle out of court, or take your case to trial if need be. We offer free initial consultations and never collect lawyer fees unless we win your settlement! Call 317-881-2700 for more information about filing a truck accident lawsuit in Indianapolis, IN today.