Who’s liable if I get hit by a car while turning out of a driveway?

You and your wife just had a lovely date night downtown. You had a semi-romantic dinner at The Harlequin, and then saw a special showing of “Gone with the Wind” at Cinemark 348. The night was absolutely stress free and delightful; however, you knew that was going to change as soon as you got in the car to go home.

You absolutely hate trying to turn out of the theater’s parking lot onto Prien Lake Road. Every time you attempt it, you wind up sitting in the driveway for 10 minutes—until you can make your way into traffic. Well, not tonight. Tonight, when you see an opportunity, you’re going to take it.

Like an eagle, you trained your eyes on the line of traffic—trying to hone in on a possible break. Remarkably you found one. As the space got closer you inched out onto the road. As soon as it approached you quickly slid part way into it. You only managed part way, because as you were 3/4 of the way in to the lane, a car on Prien Lake decided to change lanes into the exact same spot, even though you were already partially in it. The following crash sent both you and your wife into your dashboard.

You manage to pick your head up to see what had happened, and noticed that both you and your wife were bleeding and she was rubbing her neck.

The driver of the other vehicle got out of his car and started screaming. Instead of attempting to get out of your car, you called 911 and decided to wait for help to arrive before trying to determine who was at fault.

Are you to blame, or is the other driver liable?

Determining Fault in Driveway Accidents

Liability and fault is the most important aspect of filing an injury claim. In order for your claim to be reviewed and taken seriously, you must be able to prove that your negligence or mistake didn’t cause the accident. Unfortunately, this can be hard to prove, especially in driveway accidents, as the other party involved will most likely try to further his claim by blaming you. However, liability is usually determined by three things: right of way, damage location, and witness statements.

  • Right of way. In most cases, the driver on the roadway will have the right of way over the driver in the driveway; however, if the driveway driver is more than halfway out of the driveway, and the roadway and the driver had ample enough time to stop or maneuver around the driveway driver, he may be considered at fault.
  • Damage locations. The secondary factor that helps determine fault is the location of the impact damage. If the driveway driver suffered most of the damage to his front or rear,  while the roadway driver suffered damage to his side, most likely the driveway driver will be at fault. The same goes for the roadway driver—if his front suffered the most damage, he obviously hit the driveway driver—however, depending on who had the right of way, the damage location may not matter.
  • Witness statements. Another determining factor is the witness statements. Many times, both drivers have different opinions or recollections of what truly happened. Witness statements can be extremely helpful in discovering the truth behind the collision and who is to blame.

The Other Driver Is at Fault. Now What?

Once you have determined who is at fault, you can then file an injury claim for compensation. This process can be extremely frustrating, confusing, and drawn out when pursuing it alone. Thankfully, you don’t have to go through it by yourself. If you’ve recently been injured in a driveway accident, contact us today for a free consultation and review of your case.

We know how ruthless insurance companies can be—especially to those who don’t know their full rights and responsibilities. We also know how to beat them at their own game. Let us fight for you, and we’ll show you how our experience, dedication, and know-how can help you and your family get the damages you need and the justice you deserve. Call now!

Did you find this article interesting and helpful? Help us raise liability awareness, by sharing this page with your friends and family on Facebook, Twitter, and Google Plus.

Are certain age groups or demographics more at risk for TBIs than others?

It seems like every week on KPLC you hear that a local kid suffered a concussion after some prank, or about construction accidents leaving workers with head injuries. Everywhere you turned this summer, you were reminded about the importance of helmets and the risks involved with traumatic brain injuries. It’s enough to scare you to death and make you never want to go to work or leave the house again.

But are you truly at risk? You’re relatively young and take good care of yourself. You don’t think you do anything particularly dangerous—should you really have to worry?

Age, Race, and Traumatic Brain Injury (TBI) Risk Factors

Within the last decade, rates of traumatic brain injury accidents have sadly increased. The Centers for Disease Control and Prevention (CDC) estimates that TBI rates will be over 900 injuries per every 100,000 people in the United States by 2016. This means nearly three-million people will suffer a TBI in one year alone.

Although TBI accidents cannot be predicted, the CDC has collected data over the years that show that certain demographics—gender, age, race, and job type—are more susceptible for severe head and brain injuries than others. This data suggests that:

  • Males are approximately 150 percent more likely to sustain a TBI than females.
  • The age groups that have the highest risk for TBIs are 0 to 4-year-olds, 15 to 19-year-olds, and adults aged 65 years and older.
  • Certain military duties, construction jobs, and certain impact sports all increase risks of sustaining a TBI.
  • African-Americans have the highest TBI death rates out of any other race.

Recovery and Compensation

It doesn’t matter if you were at risk or not, once you have sustained a traumatic brain injury, you will have to go through weeks, months, and even years of treatment and care. Depending on the severity of the injury, you may have a lifetime’s worth of recovery ahead of you.

TBI care can not only be long and arduous, but extremely expensive. Thankfully, you don’t have to go through it alone. Contact us today for a free consultation about whether you’re entitled to damages or compensation for your brain injury. We can help you get the money you need for your treatment and the peace of mind you deserve. Don’t let someone else’s mistake cost you your future.

Make sure your family and friends are aware of the risks. Share this page via Facebook or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent TBI accident. We’re here to help.

Is an employer liable if I get food poisoning while at work?

Many workplaces, such as Casinos and Hotels, have restaurants, food carts, vending machines, and eateries within them. Unfortunately, sometimes the food quality is not up to standards and can cause you to become violently ill with food poisoning. If you’re forced to go home or miss a shift due to this stomach illness, can you seek workers’ compensation?

Are you not eligible because you are an employee and should have known better, or because you were on your lunch break? Or is your employer liable because his establishment—whether you work there or not—caused the illness?

Determining Who Is at Fault for Food Poisoning at Work

The United States Department of Labor has strict rules when it comes to workers’ compensation and liability claims. Basically, a work-related illness is defined as an illnesses resulting from events or exposures occurring in your work environment. However, these stipulations can have exceptions. To adequately determine liability, you must establish the following aspects of the illness.

Employer Is Liable

  • The food was contaminated on the premises due to chemical, physical or biological exposure.
  • The food was improperly prepared by another employee.
  • The hazardous food was supplied by the employer.

Employer Is Not Liable

  • You brought the food in to the establishment yourself—either from home or from a different establishment—but ate it on the premises.
  • The food was purchased on the premises, but left out for an extended period of time in which it could have become inedible.
  • You prepared the food yourself on the premises and you undercooked, contaminated, or otherwise improperly made the food to cause illness.
  • You had the illness before you began eating your food, and the food merely aggravated the pre-existing condition.
  • You were stricken with the illness when you were present in the work environment, as a member of the general public rather than as an employee.
  • The illness is the result of a cold or flu, not food poisoning.

It Is Their Fault—Now What?

When you become ill or injured as a direct result of your employer’s negligence, disregard for proper safety measures, or ignorance, you shouldn’t have to deal with the consequences on your own. It’s very easy for an employer to blame you for a stomachache, and hold back your wages for missed shifts when the fault is his. Don’t allow your employer to get away with punishing you for his own mistakes.

Contact us today if your employer is denying you your rightful benefits after you’ve had to miss work due to an illness, or injury caused by his lack of safety protocols. You deserve compensation for not only the time you missed, but also for the injury itself. Our experience and knowledge can help you fight to get what is owed to you. Don’t hesitate, call now to get the justice, settlement and peace of mind you deserve.

The stress from choosing a lawyer can be confusing, frustrating, and even nauseating at times. Let us help take the worry and frustration out of the equation. Like us on Facebook or follow us on Twitter to see how our dedication to our clients is nothing less—and perhaps even more—than what you would expect from your own family.

What is asthma, and could my job have caused it?

Asthma is a long-term disease that affects lung function and your ability to breathe normally. When you inhale polluted, dirty, or otherwise contaminated air, the tissue in your lungs becomes inflamed, and excess mucus narrows your airway.

You can think of the process like a clogged drain. When gunk and grime buildup inside the pipes, less and less water can make it through to your sink. When your airways become inflamed, it becomes extremely difficult for your lungs to get the proper oxygen they need to adequately fill and disperse oxygen to the rest of your body. As a result, during asthmatic episodes you can experience:

  • Wheezing where you hear a whistling sound when you breathe
  • Increased heart rate
  • Pain and tightness in your chest
  • Shortness of breath
  • Excessive coughing
  • Dizziness

Is Your Job Suffocating You?

Chronic asthma generally develops when you’re a child. However, unclean or polluted air at your work can cause asthmatic symptoms to worsen, and cause occupational asthma—only occurs at work—which in turn can develop into chronic asthma. Common types of work-related pollutants include:

  • Chemical fumes
  • Excessive aromatics (deodorants, perfumes, spices, etc.)
  • Gases
  • Dust
  • Smoke


When you’re constantly exposed to harmful pollutants, your lungs can become irritated, attempt to shield themselves by producing excess mucus, or try to expel the unwanted pollutants with harsh and painful coughing.

Clean Air, Clean Bills, and Clean Conscience: Getting the Help You Need After an Accident

Asthma unfortunately has no known cure, and although it can be treated, prolonged episodes, or “attacks,” can be fatal. Don’t allow unsafe working conditions affect your future. If you believe that you’ve developed occupational asthma, or your asthma is being irritated by workplace air pollutants, we can help.

Unfortunately, many employers and insurance companies can make you feel suffocated when filing a workers’ compensation claim. Thankfully, we’re here to bring you the breath of fresh air that you deserve. Contact us today for a free consultation and review of your case. You owe it to yourself.

Share this page on Facebook, Twitter, or Google Plus to help spread the word about workplace asthma. Your friends and loved ones may need this information without even knowing it. Click the media icons on this page to help them breathe easier.

Who’s to blame if a construction accident killed my husband?

Category: Industrial & Construction Accidents

According to the U.S. Department of Labor, construction is one of the most dangerous professions in the United States. Faulty machinery, unpredictable demolitions, risks of electrocution, and falling injuries are all common dangers that construction workers must face on a regular basis.

However, to pay the bills—these risks must be taken. Your husband assures you that safety protocols are in place and that he is always cautious. Therefore, he goes to work every day, leaving you hoping that he will return unscathed. But what happens if he doesn’t? What will you do, and who is to blame?

Guilty Parties of Construction Site Deaths

Unfortunately, even with strict safety regulations from the Occupational Safety and Health Administration, thousands of fatal construction accidents occur every year as a result of incompetence and neglect.

The Bureau of Labor Statistics estimates that approximately 900 construction employees die each year—leaving their families wondering what really happened. Regrettably, discovering where the guilt and truth lie can become complicated due to the numerous parties involved.

Construction sites generally have multiple companies involved within a single project where liability can be placed. Depending on the type of accident, an experienced lawyer can argue that fault can ultimately lie with one or more of the following:

  • Equipment manufacturer. If the cause of the fatal accident was a result of faulty, broken, or damaged equipment—including machinery, scaffolding, and construction tools.
  • Contractor. If a contractor fails to keep workers safe, is oblivious to possible dangers, or deliberately puts them in harms way, an accident that results from his incompetence can be considered his fault.
  • Construction site owner. When a construction site isn’t properly maintained, or equipped with proper safety protocols, the owner of that site can easily be blamed for accidents.
  • Construction worker. When an accident is a direct result of human error, he could be liable for damages as well as prosecuted for involuntary manslaughter.
  • Employer. Improper training, maintenance, and upkeep of employees, machinery, and safety protocols can lead to tragic accidents in which an employer will be subject to blame.

Getting Help Building a Better Future

Dealing with the loss of a loved one can feel like a complete emotional collapse, broken by grief, confusion, and uncertainty. Although everyone handles grief differently, you can still use a helping hand to get the answers they need to start rebuilding their future. That’s where we come in. Contact us today for a free consultation about your rights to pursue a wrongful death claim on behalf of your loved one’s tragedy. Your family doesn’t deserve to be left in the aftermath of someone else’s poor decisions. Call now to get the support and justice you deserve.

If you know someone who is struggling with a wrongful construction death claim, feel free to share this information with her via Facebook, Twitter, or Google Plus. A simple click of your mouse could wind up saving him months of heartache and frustration. Use the media icons on this page to help him and others get the information they need.

What can cause a car fire?

What can cause a car fire?

It all happened so fast—you barely understood what happened. You remember getting into your car, waving good bye to your parents, and switching on the ignition. As you began to pull out of the driveway, you thought you saw a spark and smelled smoke, so you put the car in park. All of a sudden, your 65-year-old father came running to the driver’s side door, flung it open, and helped you out. As you looked back at the car—the hood was engulfed in flames.

Your mother called the fire department, but by the time they arrived, the entire car was burnt beyond all recognition.

What could have happened? How exactly did your car become an incendiary device in less than 30 seconds?

What Can Cause Your Car to Go up in Smoke?

A recent study on U.S. Vehicle Fire Trends and Patterns, performed by the National Fire Protection Association, illustrates alarming trends in vehicular fires throughout the nation. According to their findings, 93 percent of reported vehicle fires and 92 percent of vehicle fire deaths involved vehicles such as cars, trucks, buses, recreational vehicles, and motorcycles. Further investigations suggest that approximately 500 civilian deaths, 1,500 civilians injuries, and over $1 billion worth of direct property damage is inflicted each year, all as a result of three distinct factors.

These common causes of vehicular fires include: malfunctions, collisions and arson.

Mechanical and Electrical Malfunctions

Nearly 75 percent of all vehicle fires result from a mechanical or electrical glitch. Considering how today’s vehicles include many electrical gadgets—radios, seat warmers, sun roofs, etc.—it may not be a surprise that malfunctions occasionally occur. However, an unfortunate by-product of malfunctioning equipment is fire. If a single wire, or mechanical device becomes damaged, it could create a spark which affects everything around it. These affects could then potentially ignite upholstery, fumes, gasoline, and other flammable items—creating a fuel powered bonfire.


Roughly 17 percent of roadway fires and 58 percent of car fire fatalities are results of auto collisions. These types of fires occur when sparks caused by scraping metal and severed wires, ignite flammable liquids such as gasoline and oil, and combustible fumes from crushed, punctured, or weak gasoline tanks. Likewise, oil vapors are specifically designed to ignite with the help of your engine’s spark plugs. If that ignition isn’t controlled, or too much vapor is expelled, an explosion could result causing a massive fire.


The remaining eight percent of vehicle fires were found to have been intentionally started by outside forces.

Getting the Help You Deserve When Someone Else Burns You

Treatment and care for car accident and burn injuries can be extremely extensive and costly. We don’t believe that you should have to pay for someone else’s mistakes, and you shouldn’t either. Call us today for a free consultation and review of your injury case. Insurance companies lowball clients all the time—but you could be entitled to much more. Unfortunately, you may never know how much more unless you get the best information from an experienced car accident attorney. You owe it to yourself to call, and we owe it to you to listen and fight for your best interests.

Share this page on Facebook, Twitter, or Google Plus to help spread the word about car fire risks. Your friends and loved ones may need this information, too. Help them find it before it’s too late, by clicking the familiar media icons on this page.