Personal Injury Primer

Injured by a Delivery Driver https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-364-Injured-by-a-Delivery-Driver.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Many stores now utilize third-party delivery truck services to deliver goods to consumers. Unfortunately, safety and insurance limit laws may not apply to these delivery programs. First, commercial truck drivers must have a commercial driver’s license. This ensures that a driver has specialized training and skills. Operating a small van or truck, smaller and lighter than a semi, enables a company to skirt commercial motor vehicle regulations that require more than a regular driver’s license. Thus, third-party delivery companies are not required to mandate that drivers have a CDL. Even though these delivery vehicles are being used in a commercial setting, the companies putting these vehicles on the road, are avoiding complying with other “commercial motor vehicle” laws, such as those that require minimum liability insurance coverage. Many states, including Indiana, require insurance that mandates fleet coverage for commercial vans/trucks independent of VIN number. This means that where a commercial fleet is involved, an insurance carrier cannot escape liability by arguing that the vehicle involved in a crash was not specifically identified on a policy. The law also requires minimum policy limits of $1,000,000.00. The purpose is to protect the public. Often third-party delivery trucks are sized small enough so as to not qualify as commercial motor vehicles. This means that the companies who put these slightly smaller trucks and vans on the highway, can save money by not needing high premium $1,000,000  minimum insurance coverage mandated for commercial motor carriers. Further, federal law states that commercial truck drivers must be found to be acting within the course and scope of their employment if they are operating a vehicle with a DOT license number displayed on the vehicle. It is mandatory. Before this law, enacted in the 1950s, commercial vehicle operators used the same specious “independent contractor” argument that these smaller delivery outfits are using to argue that they cannot be held liable for a driver’s negligence. In short, today’s third-party delivery truck fleets need not display DOT numbers; thus, no law is on the books mandating that a driver be found acting in the course and scope of their employment with the fleet owner. Thus, big online merchants use third-party delivery truck companies and argue that these delivery drivers should be treated as independent contractors. If those drivers were found to be the merchant’s employees, the wealthy merchant could be held liable for the actions/inactions of its employee drivers. If the merchant is not held responsible for the driver’s negligence, the motorist injured in a crash with the delivery truck may find that the driver has low-limit insurance. Today’s third-party delivery drivers have all of the hallmarks of employees, but pieces of paper are signed that paint them as independent contractors. As we just discussed, allowing merchants to bypass protective laws is fundamentally unfair to the motoring public. Thankfully, a recent decision in Georgia state court found that a delivery truck service partner for Amazon was not an independent contractor. A jury found Amazon liable for negligently training a delivery truck driver who severely injured a child in a crash. The jury concluded that Amazon had sufficient control of the delivery truck company and its drivers and that the delivery driver was more like Amazon’s employee and not an independent contractor. This is one of the first jury trials in the US that addressed the issue of whether Amazon is liable as an employer for the actions of its delivery partners’ drivers. Hopefully, this Georgia case will encourage other judges and juries everywhere to see that merchants are held legally responsible for the negligence of delivery drivers. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. While there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 364 Injured by a Delivery Driver first appeared on Personal Injury Primer.

Injured in a Small Plane Crash, Can I Sue? https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-363-Injured-in-a-Small-Plane-Crash.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about his right to sue after being injured in a small plane crash. He was one of two passengers injured when the small plane he was in flipped on take-off. He was thankful he survived, but his injuries were quite serious and included a spinal injury. He has lost time from work and cannot engage in golf or tennis as he enjoyed doing before the crash. He asked about his legal options. In the event of a small plane crash, a survivor (or an estate on behalf of someone killed in a crash) may be able to sue for damages and compensation. Exactly who is named in the lawsuit will vary depending on the circumstances of the crash. Potentially responsible parties may include: Aircraft owner/operator: The owner or operator may be liable for any negligence or wrongdoing. Pilot: If the pilot was responsible for the crash due to error or misconduct, they may be held liable. Maintenance provider: The maintenance provider may be liable if improper maintenance contributed to the crash. Manufacturer: The manufacturer may be liable if a design flaw or defect in the aircraft contributed to the crash.  Air traffic controller: The controller or their employer may be liable if guidance mistakes led to the crash. Keep in mind that if air traffic controller errors occur in the United States, the Federal Tort Claims Act (FTCA) will govern whether an individual may sue the federal government for the negligence of federal employees. In many situations, negligence will be strongly suspected when an airplane crashes unless the facts demonstrate that the accident was caused by weather or other factors beyond human control. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. While there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 363 Injured in a Small Plane Crash first appeared on Personal Injury Primer.

Shooting Victim Sue Business Where Shooting Occurred https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-362-Shooting-Victim-Sue-Business-Where-Shooting-Occurred.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about a relative who was shot while attending a sporting event at a stadium. A shooting victim may have the right to sue a business where they were shot, but success will depend upon the facts. If the business owner or manager fails to provide adequate security measures, such as proper lighting, cameras, or adequate staffing, and this negligence contributed to the shooting, the victim may have good grounds to succeed against the business where the shooting took place. An example of such a case involves a news report of a woman who sustained injuries in a shooting incident while attending a professional baseball game. She alleged that stadium security failed to stop someone from entering with a firearm. The firearm, which the stadium operator did nothing to prevent from being brought to the game, was discharged inside the ballpark during the game. She further claimed that the stadium owner failed to adhere to a publicly posted policy prohibiting firearms at the stadium. Allegations are not evidence, however. In answer to the complaint filed by the woman, the stadium operator claimed that the gun that discharged was smuggled into the stadium by the shooting victim and that the victim shot herself. Hopefully, a trial will reveal the truth as to what happened, and hopefully the truth will prevail. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 362 Shooting Victim Sue Business Where Shooting Occurred first appeared on Personal Injury Primer.

Medical Negligence is a Leading Cause of Death https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-361-Medical-Negligence-is-a-Leading-Cause-of-Death.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. According to various studies, medical negligence is the third leading cause of death in the United States. Multiple studies, including those published in 2016, 2022, and 2024, have determined that medical errors are the third leading cause of death in the US, behind heart disease and cancer. One study from 2022 notes that at least 250,000 Americans die each year due to medical errors. These studies do not tabulate all of the people who are harmed as a consequence of medical mistakes but survive and do not die. A medical error is a preventable adverse effect of medical care. Examples include botched surgeries, misdiagnoses, and prescription mistakes. Why are medical errors occurring? What can be done to reduce the rate of medical errors? Experts recommend redesigning medical systems and implementing legal reforms to reduce medical errors and fatalities. Let’s focus on legal reforms. Filing a lawsuit following a serious medical error or omission serves several goals: Compensation for Victims: Damages can help cover medical bills, rehabilitation costs, and loss of income and may address pain and suffering. Accountability and Responsibility: Holding healthcare providers accountable for their actions may lead healthcare institutions to enforce stricter standards of care. Highlight Systemic Issues: Lawsuits can call attention to recurring healthcare problems, prompting reviews and changes in protocols and procedures. Public Awareness: Lawsuits can raise public awareness about specific issues within the healthcare industry, and the public may demand improvement. For patients, the implications of medical errors can be profound: disability or death, emotional distress, and crippling financial loss. Patients trust the healthcare system, and when that trust is broken, they deserve the opportunity to seek compensation and systemic changes. The legal system plays an integral role in addressing the consequences of medical mistakes. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 361 Medical Negligence is a Leading Cause of Death first appeared on Personal Injury Primer.

Prescribing a Contraindicated Drug https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-360-Prescribing-a-Contraindicated-Drug.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who said his doctor prescribed the antibiotic Ciproflaxin (Cipro) without discussing its use with him. The FDA’s black box warning for Cipro indicated serious risks, especially for patients who have a history of corticosteroid use, which applied to the caller. After taking Cipro, the caller experienced severe adverse reactions, including tendon ruptures and peripheral neuropathy. He wanted to know if he could successfully sue his doctor. Success in a case where a physician prescribes a medication that the drug warnings say would be contraindicated for a patient will still require an expert opinion that it was below the standard of care to prescribe the medication to a patient. You might think that the FDA warning itself could be used to establish the standard of care and that there would be no need for expert testimony. But, you likely would be wrong in thinking that expert testimony would be unnecessary. At least one state trial court held that any FDA warning alone could be sufficient to establish the standard of care without expert testimony. But, the highest court in that state reversed holding that the FDA warnings cannot substitute for expert testimony to establish the standard of care in medical malpractice cases. The Court emphasized that medical judgment is required to determine the appropriate standard of care, which must be established by expert testimony. If you are scratching your head, do you know what the term ‘contraindicated’ means? My guess is that, like most people, it is a new, unfamiliar word. Contraindicated is medical speak that basically means: do not give. Courts require medical expert testimony in medical malpractice cases because judges and jurors are not doctors. Medical terms require a medical doctor’s explanation for everyone involved in the case. Requiring medical expert testimony helps ensure that justice is fairly administered. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 360 Prescribing a Contraindicated Drug first appeared on Personal Injury Primer.