A Personal Injury Claim Guide: What to Expect and How to File

It is not abnormal for someone to seek justice for the injuries they have suffered due to the carelessness of another person or party. These unfortunate situations account for a substantial portion of civil litigation cases (including personal injury cases) and are a way for people to receive reparation for their injuries. In fact, the U.S. Department of Justice has reported that there are over 400,000 personal injury claims every year. 

Prior to filing a claim, it is necessary to understand whether the accident you have been in will in fact be considered a  personal injury accident

Personal injury is the legal term for an injury to someone’s body, mind or emotions, or reputation instead of an injury to property. This term is most commonly used to describe a type of tort suit where an individual who brings the lawsuit has suffered damages (or harm) to their body or mind. There are three main concerns that every accident claim involves: liability, fault, and damages. You need to be able to prove that these are linked, indicating that the defendant is responsible for the injuries that you have suffered. A defendant could have caused an accident that resulted in your injuries through negligence, gross negligence, reckless conduct, or intentional misconduct and, sometimes, on the basis of strict liability. No matter what kind of negligence has taken place, if you think that you can prove liability, fault, and damages concurrently, then you most likely have grounds to submit a personal injury claim.

Although filing a claim can be intimidating, working alongside a skilled personal injury lawyer can help make the complicated legal process less frightening. The personal injury lawyers at The Cochran Firm are ready to fight for you and help you get the settlement you deserve.

Common Personal Injury Cases

There are numerous kinds of personal injury cases. Your injury could qualify as a personal injury case depending upon the type of accident you or a loved one has suffered from. Some examples of personal injury cases consist of:

Out of all of the personal injury cases, the most common are automobile accidents. In fact, they make up more than half of all personal injury cases (52%). These can include anything from automobile accidents to being hit by a motorcycle. The remaining 48% of cases are comprised of medical malpractice cases (15%), product liability cases (5%), and other (28%).

When somebody is injured due to someone else’s carelessness, severe injuries can follow. These injuries can include:

When you experience one of these injuries, you will probably face impending medical costs, the incapacity to work, and pain and suffering. Because of this, the personal injury lawyers at The Cochran Firm fight for the maximum reparation legally possible. They look for damages well beyond the minor offerings insurance provider normally make. The kind of injuries that people frequently suffer may include:

  • Medical & rehabilitation expenses
  • Home care & retrofit modifications
  • Adaptive technology
  • Lost wages (current and future)
  • Quality of life adjustments
  • Emotional distress
  • Pain and suffering
  • Property damage

If you have experienced any of these injuries in an accident, then you most likely need to file a personal injury claim.

Things To Know Before You File a Personal Injury Claim

If this is your first time filing a claim, it may appear challenging to comprehend. You also may not know what to anticipate. Here are some things you should understand prior to you filing a claim.

1. Personal Injury Lawsuits Were Made To Protect You

After you suffer an injury, there are numerous things that you will be faced with: medical costs, lost income, pain and suffering, and more. Personal injury lawsuits were created to protect the rights and financial hardships that injury victims deal with. With the help of a knowledgeable personal injury lawyer, you may be able to receive reparation through a settlement with a defendant or even at trial.

2. Call Sooner Rather Than Later

A skilled personal injury lawyer will help protect you from making expensive mistakes like revealing too many details about the accident to an insurance adjuster or failing to document an injury you have experienced. The right lawyer can help you navigate the complicated legal process and communicate with the insurance company for you. Also, the sooner you get in touch with a legal professional, the more likely you are to recall the specifics about your injury, including any witness details, relevant invoices, and any other evidence.

3. Injury Victims That Hire An Attorney Recover More Punitive Damages

According to the Insurance Research Council, those that hire a lawyer typically receive 3-3.5 times more money than those that try to settle a claim on their own. Personal injury lawyers understand how to properly value claims and know what it takes to negotiate a successful settlement. If the insurance company refuses to negotiate fairly, your lawyer can present your case in the best way before a judge and jury. 

4. Refrain from Signing Anything Before Consulting An Attorney

There is the possibility that an insurance adjuster will try to persuade you that a lawyer is not necessary. However, it is important to keep in mind that insurance companies typically have only their best interest in mind, not yours. Many insurance companies would rather deal with you directly in hopes that they can settle for much less than what your case is worth. This is why it is extremely important not to sign anything until you speak with a personal injury lawyer, as doing so may prevent you from receiving the reparation you deserve.

5. You Have Limited Time to File a Claim

Each state has a statute of limitations (a limited time frame for submitting a personal injury claim against a defendant). These statutes differ depending upon the state, so it is important to hire a personal injury lawyer sooner rather than later so that you do not miss out on the deadline for filing in your state.

6. Establishing Negligent Behavior Is Of Greatest Importance

In order to initiate a personal injury claim, it is necessary to show that your injuries are the direct result of somebody else’s neglect or failure to exercise reasonable care of your injuries. If another individual or party acted negligently and is at fault for your injury, they probably will be held liable for any damages that follow the accident. These damages can consist of lost earnings, medical bills, pain and suffering, and more.

7. Personal Injury Claims Can Be Cumbersome

Personal injury cases are very complicated; for that reason, settlements and trials (in the circumstance your claim leads to a trial) can take many months, if not years, to conclude. To make matters worse, insurance companies often try to extend the process in hopes that you will give in and settle for a lesser amount. It is essential to keep in mind that you must never settle for less than your claim is worth. The skilled personal injury attorneys at The Cochran Firm are committed to resolving your case as quickly and efficiently as they can, leading to the best possible outcome for you.

8. It’s Hard to Value a Claim Without Examining the Facts

Lots of factors will influence a claim’s worth, such as the intensity of the injury and the incidents surrounding the accident. It is challenging to identify the value of a claim without first dissecting all of the facts of the case. However, the knowledgeable personal injury lawyers at The Cochran Firm have a history of success and understand just how to value a claim.

9. A Case Can Be Won Two Different Ways

Personal injury lawsuits can either be settled out of court or ruled on a trial. Settlement is an agreement between the plaintiff and defendant on exactly how much reparation the plaintiff will receive. On the other hand, a verdict is a decision made in court by a judge or jury. This suggests that if a settlement is not concurred upon, your attorney can still recover the reparation you deserve.

Now that you know the important information that accompanies a personal injury claim let’s look at a detailed guide on how to file a personal injury claim.

How To File a Personal Injury Claim

It is necessary to keep in mind that no two cases will follow the same course or timeline. Personal injury law covers a variety of incidents, so it is not so much dependent on the kind of incident that took place as much as is the severity of the resulting injuries, the clarity of particular issues, who was at fault, and whether an insurance policy covered the incident.

The key concept of filing a lawsuit is very straightforward: to notify the court and the defendant (the individual that is being sued) of the structure of your case within a reasonable time. Although the court you have chosen and the state the accident took place in may change the finer details of the case, the standard principles of a personal injury case are universal. 

The most essential part of any accident case is your health. Before you do anything, seek the medical attention you need. Then, when you are ready, begin considering pursuing a personal injury claim for your injuries. 

Step 1: Seek Medical Treatment

As discussed above, the most important thing to do immediately after being hurt in an accident is to seek medical treatment. Sometimes individuals might think that because they do not feel any symptoms instantly following the accident, there is no reason to seek medical attention. Although you may not experience any pain or discomfort immediately or even shortly after your accident, you could potentially find yourself in extreme pain a year or more later.

Not to mention, refusing medical treatment will only hurt you in terms of being compensated for any injuries you do suffer. The responsible person or party’s insurance company will more than likely use the fact that you did not seek medical treatment after the accident against you and bring into question the seriousness of your injuries and your claim for compensation.

Step 2: Consult A Knowledgeable Personal Injury Attorney

In certain small personal injury claims, it is possible to settle by yourself. For instance, if you are involved in a minor accident and you are either not hurt, or your injury only requires a one-time hospital visit.

However, if you have been involved in a major accident and the treatment for the injuries you have suffered due to the accident are ongoing or include numerous visits to a physician’s office and/or hospital, then you most likely need a personal injury attorney to help you obtain reparation for your medical treatment.

Even if you choose not to hire an attorney, it is still a good idea to consult one to discuss your claim. There are many requirements that you may not know of, such as the statute of limitations. No matter how minor you believe your accident or injury was, you may come to find that your claim is a bit more complex than you thought.

Step 3: Set Up Your Claim

After you have contacted or hired a personal injury of your choice, it is time to start filing a personal injury claim. Throughout this process, the job of you or your lawyer is to inform the person or party who is responsible for your injuries and their insurance company that you plan on filing a claim. Doing this can often help settle your claim quicker.

Step 4: Collect Detailed Information and Get Treatment for Your Injuries

After you have informed the correct parties, you should continue to receive medical treatment and gather as many details about your injuries and any other damages as you can. In layman’s terms, this is when you want to gather any medical records and invoices from doctors, communicate with your doctor to understand the full extent of your injuries, gather invoices and get estimates of any personal property or vehicle damage, record any lost earnings, etc.

Step 5: Negotiating a Settlement

Your lawyer can make a demand for reparation to the responsible individual or party, or their insurance company, before or following filing a lawsuit.

Negotiating a personal injury is not like negotiating with an automobile salesperson. Each party has its own idea of what the claim is worth. You, the plaintiff, know how much you will settle for, and the insurance company knows how much or little they want to pay you. Nevertheless, neither party knows what the other is thinking.

In order to come to an amount that both parties agree on, the “back and forth” process begins. This process consists of offers and counter-offers until either party compromises or a lawsuit is filed, and the case goes on to trial.

Step 6: A Settlement is Agreed Upon or a Lawsuit is Filed

When your negotiation finally reaches a settlement that you are satisfied with, you and your attorney will accept the offer. But, if the defendant does not respond with an appropriate offer, you can choose to submit a lawsuit to seek the payment your claim is worth.

Keep in mind that there are legal limits (statute of limitations) concerning the amount of time you can wait to file your personal injury claim. If you miss this window of time and do not file a claim before this statute of limitations ends, you, unfortunately, will not be able to submit a personal injury claim for this particular accident and will lose your chance to receive reparation for your injuries and any losses sustained.

Step 7: Filing a Lawsuit

There are many personal injury claims that never see trial because each party comes to an agreement prior to that being necessary. However, if you follow the previous six steps and it does not result in a fair settlement, a lawsuit will be necessary. If a lawsuit is needed, understanding the trial process before going to trial will help you in making better choices and improve your possibility of succeeding in your personal injury lawsuit.

The process of filing a lawsuit is:

  1. A lawsuit begins by submitting a set of documents (a complaint) with the court, including your claims and the amount of money you are aiming to receive as compensation. The complaint is an official legal document identifying the legal and factual basis for your personal injury lawsuit. Once these are written, they are served to the defendant.
  2. Once the litigation period starts, information is exchanged between each party in the lawsuit. Throughout this time period, you will often be required to give a deposition, which just means testifying under oath about your injuries and having it recorded so that it can be used later in the trial.
  3. After the case goes to trial, the evidence will be presented to the court, and the jury will weigh contested issues of fact and choose which pieces of evidence they find practical. It is not unusual for a personal injury case to last several days.
  4. Lastly, if you are successful, the judge or jury will identify how much reparation you will be awarded. It is a common misunderstanding that when a personal injury lawsuit is filed, the judge determines your case. However, unless your case is tried in a “bench trial,” it is generally the jury who decides if you succeed in your lawsuit and the monetary amount you will be compensated.

Although filing a suit can sound frightening, preparing yourself for what is to come can make it less nerve-racking. And you don’t have to do it alone. If you have been injured due to the negligence or wrongdoing of another, please contact the skilled personal injury lawyers at The Cochran Firm today. Our lawyers have what it takes to help you navigate the claims process and help fight for the reparation you deserve during this unfortunate time.

Why Choose The Cochran Firm 

Johnnie Cochran had long dreamed of creating a national law firm of men and women from all races, religions, creeds, and backgrounds to show how well we could all work together to make the world a better place. When Mr. Cochran started The Cochran Firm, his mission was “a journey to justice.” Today, with more than 35 offices across more than 20 states, the attorneys at The Cochran Firm work every day to fulfill that dream and continue that mission by working for our clients with the same work ethic and dedication to justice exemplified by Mr. Johnnie Cochran himself. 

The Cochran Firm is a diverse group of highly skilled and experienced lawyers that are dedicated to bringing high-quality representation to injured people and their families. The personal injury attorneys at The Cochran Firm are among the nation’s most recognized and successful attorneys in the country. When navigating through the legal process, you deserve to have an experienced attorney by your side. Our personal injury attorneys at The Cochran Firm know how to fight for you. 

Here at The Cochran Firm, our experienced personal injury attorneys are ready to help victims of accidents obtain the maximum compensation and financial recovery for all types of personal injuries that resulted in injuries. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced personal injury attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. Our attorneys have won over $30 Billion in verdicts and settlements for our clients. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

If you’re looking for an experienced personal injury lawyer to help you pursue justice for your medical costs, lost work, lasting injuries, and more, please contact our attorneys at The Cochran Firm today for your free, no-obligation initial consultation today. We serve the entire country with offices in many major U.S. cities.

I’ve Been Involved in a Rideshare Accident— What Do I Do Now?

Rideshare Pickup

Ridesharing, or rideshare, has become one of the most popular types of transportation worldwide, specifically in large U.S. cities like San Francisco, New York City, Atlanta, Philadelphia, and many more. In fact, rideshare services like Uber and Lyft have collectively made 11 billion trips in the United States since they launched in 2009 (Uber) and 2012 (Lyft). Uber alone made 4.98 billion trips in 2020, which estimates to be about 45 rides per second.

A study done by The University of Chicago’s Booth School of Business reveals that:

  • Nearly 1,000 daily auto accident deaths are directly related to the growing number of rideshare automobiles on the road
  • Uber vehicles were involved in 97 deadly crashes between 2017 and 2018, resulting in 107 deaths
  • 21% of those accident victims were the rider
  • 21% of those accident victims were the driver
  • The remaining 58% of those accident victims were third-party drivers or passengers

The unfortunate truth is that, like all other methods of transportation, accidents are going to happen. And rideshare accidents are no exception.

What is Considered a Rideshare?

According to Oxford Languages, ridesharing is an agreement where a passenger travels in a personal automobile driven by its owner, either for free or for a fee, usually organized utilizing a mobile app or a website. Ridesharing frequently describes carpooling, vanpooling, or peer-to-peer ridesharing.

  • Carpool- A plan between individuals to make a trip in one single automobile, typically with each passenger taking turns to drive the others.
  • Vanpool- A transportation system element that allows groups of people to share rides similar to a carpool but on a larger scale with simultaneous savings in fuel and automobile operating costs.
  • Peer-to-peer ridesharing- A process where existing car owners make their automobiles available for others to rent for a short amount of time.

What is a Ridesharing Company?

A ridesharing company is a company that, through mobile apps and websites, matches passengers with drivers of an automobile for hire that, unlike taxicabs, cannot legally be hailed from the side of the street. The two biggest ridesharing companies are Uber and Lyft.

Ridesharing companies, such as Uber and Lyft, have become very popular in recent years, as people are looking for a more affordable and fuel-efficient method to travel. With the increase in technology and the ability to reserve rides right from your smartphone, this industry has proven to be more convenient for many people than the traditional way of hailing a taxicab.

Rideshare Business Model

Uber and Lyft are now ever-present in most U.S. cities, and Uber’s imprint is global. Both Uber and Lyft’s services resemble that of taxicab services, in which they do not run, own, or control the cars, and they likewise do not hire the drivers themselves. Instead, the drivers are contracted out through these companies to pick up individuals or passengers.

Unlike taxicabs, guests cannot hail an Uber or Lyft; rather, they download the Uber or Lyft app to their mobile phone and arrange for a driver to pick them up at a specific location by interacting with the app. Pricing often varies for rides; however, one controversial aspect of ridesharing is “surge” pricing, where prices are boosted when the demand for rides increases.

Rideshare Accident Liability

Like any other form of transportation, accidents often happen. And rideshares are no different. Similar to other automobile accidents, the person filing a claim must be able to prove two things: liability and damages. When you are involved in an accident with another driver, and they are the ones at fault, you should begin by filing a third-party claim with the driver’s insurance provider. But the question is, will their insurance coverage really cover damages?

When a driver is driving to make money, it gets complicated. Unless the driver has a commercial insurance policy or has bought a ridesharing “endorsement” (provided by Uber and Lyft in select states), the driver’s personal automobile insurance policy will not cover the accident. This is due to the fact that the policy specifically states that “the motorist will use the car that is insured only for personal use,” and ridesharing is not personal use. Do not be shocked if your automobile insurance provider rejects an accident claim made under a personal policy if the accident took place while a rideshare driver was carrying you (a passenger).

Due to the growing industry and unanticipated accidents, Uber and Lyft have responded to this problematic scenario by offering their drivers’ liability insurance, which only kicks in when a driver’s personal insurance provider rejects the accident claim. It is crucial to understand that even though it is known that a rideshare driver’s personal insurance provider will deny the claim, to still submit a claim with them before you are able to use your liability insurance. No matter the situation, it is possible to hold Uber or Lyft financially responsible for any injuries you suffer when involved in an automobile accident with a rideshare driver (it is likewise comparable if you have been injured while riding in a rideshare automobile).

I’ve Been Involved in a Rideshare Accident—What Do I Do?

Unfortunately, when an automobile is involved in a vehicle accident, in this specific case Uber or Lyft automobiles, passengers can be seriously injured, or even worse, killed. Many of the steps you should take after being in a rideshare accident remain the same as any other automobile accident.

  1. Seek necessary medical treatment. Your health should always come first, so if you see any signs of pain or discomfort after being involved in an accident, make sure you seek sufficient medical attention as soon as you can. Protecting what might be an injury claim stands at a distant second, but any case you make will only be aided if you can prove that you pursued medical attention not long after the accident.
  1. Report the accident. Although reporting an accident to police (or to a motor vehicle agency) is not the passenger’s obligation, the passenger will still want to report the accident to the rideshare company. Both Uber and Lyft have specific accident reporting procedures in place.

    A rideshare company has representatives that passengers may contact to hear the passengers’ perspective of the accident. If a passenger has been seriously injured, it is a good idea to make the rideshare representative aware that a lawyer has already been contacted and that no statements will be made yet.
  1. Gather details about the accident. Details that should be gathered are the names and contact information of all individuals associated with the accident, in addition to any witnesses. Photos should be taken of the accident scene and license plates of all automobiles involved.
  1. Document everything you can remember about the crash. The quicker you can do this, the better. Notes like these can end up being very valuable if you need to explain what happened to a lawyer, police officer, or any other kind of investigator some time after the accident.

Whose Insurance Covers A Rideshare Accident?

Usually, in any kind of passenger injury claim after an automobile accident, the automobile insurance provider of the individual that caused the accident will apply to the passenger’s injuries.

If the rideshare driver caused the accident, the passenger would likely file a claim either through the rideshare driver’s personal automobile insurance provider or the liability coverage offered to drivers by Uber or Lyft. The majority of the time, it will be the Uber or Lyft liability coverage that applies, but the rideshare driver could have a commercial insurance policy or a personal insurance policy with special endorsements that provide protection for accidents that take place when driving for a rideshare company.

The liability coverage that both Uber and Lyft offer their drivers differs depending on when the accident takes place:

  • Period 0: Neither company will provide coverage when a driver is not logged into the Uber/Lyft app.
  • Period 1: When the driver is logged into the Uber/Lyft app but has not yet accepted a ride, both companies supply liability coverage for an accident that the rideshare driver caused, as much as $50,000 per individual hurt in an accident, $100,000 total injury liability per accident, and $25,000 property damage liability.
  • Period 2: When the driver has accepted a ride and is on the way to pick up the passenger, liability protection increases to $1 million.
  • Period 3: When the rideshare passenger is in the vehicle, ending at drop-off. Liability coverage of up to $1 million, plus limited coverage for any damage to the driver’s automobile and uninsured automobile drivers’ coverage.

If the non-rideshare driver caused the accident, the injured passenger would file a claim with that driver’s personal insurance provider. This claim would be submitted through a third-party automobile insurance claim against the driver who caused the accident’s automobile insurance provider or through a personal injury lawsuit.

Nevertheless, it is possible that the non-rideshare driver who caused the accident does not have any automobile insurance coverage or lacks sufficient insurance coverage to pay for your injuries. If this holds true, the injured passenger can file a claim through the rideshare company’s uninsured/underinsured driver coverage.

Who is Responsible for a Rideshare Passenger’s Injuries?

If you are hurt as a rideshare passenger, your injuries will most likely be covered by insurance; however, the big question is, “Whose insurance policy applies to cover these expenses?”

Unfortunately, this is a legal gray area, and it’s growing rapidly. Due to the legal relationship between Uber/Lyft and their drivers, these companies generally do not have legal liability for injuries that are the result of a rideshare accident, no matter who caused the accident (financial obligation is an unrelated issue).

In order for Uber or Lyft to be held legally responsible for a passenger’s injuries, there needs to be primary or vicarious liability.

  • Primary Liability: the company was negligent itself or acted in a wrongful way in relation to the accident.
  • Vicarious Liability: the principal entity (such as an employer) is held legally responsible for the wrongful behavior of one of its agents (such as an employee).

However, since rideshare drivers are considered independent contractors for Uber/Lyft, not employees, the implementation of vicarious liability is not a great fit when the rideshare driver caused the accident.

This contrast makes a big difference for Uber and Lyft because they can avoid legal responsibility for their driver’s behavior and save lots of money by paying fewer taxes, providing practically no benefits to their drivers, all while avoiding the workers’ compensation insurance scheme.

That is on the legal side; however, on the practical side, if a passenger winds up injured while ridesharing, Uber or Lyft will probably be held financially liable for your injuries. The majority of states require rideshare companies to supply insurance coverage to compensate those that are hurt in a rideshare accident. Although, how much insurance coverage depends upon when the accident takes place and whether you were an Uber or Lyft passenger or a passenger in another automobile.

If you have been hurt in an accident and are a paying rideshare passenger at the time of the accident, the highest coverage you will get from Uber or Lyft automobile insurance coverage, as specified above, is up to $1 million.

On the other side, if you are a passenger in an automobile that is not rideshare but are hit by a rideshare driver, the amount of insurance protection you will get from Uber or Lyft automobile insurance coverage will depend on the working status of the rideshare driver:

  • If the Uber or Lyft app were off at the time of the accident, the rideshare company’s insurance coverage would not apply. Instead, you need to file a claim through the rideshare driver’s personal insurance policy.
  • If the app was on, but the Uber or Lyft driver was waiting on a ride request when an accident occurred, then each company’s insurance coverage will apply, but limited coverage will be much lower.
  • If the app was on and the rideshare driver was on the way to pick up a passenger, or a passenger was already in the automobile, both company’s insurance coverage will cover injuries and other losses up to $1 million.

A crucial thing to note is that insurance coverage offered by Uber or Lyft is dependent on the rideshare driver also having a personal automobile insurance policy. It is important to keep in mind that if the rideshare driver caused the accident, you must first file a claim with their personal automobile insurance provider. However, most of the time, no other protection will be available due to the fact that unless a driver has a rideshare endorsement, their personal automobile insurance policy will not cover accidents that occurred while a driver is performing commercial activities, such as driving for a rideshare company like Uber or Lyft.

What is a Rideshare Passenger Injury Claim Worth?

The value of a personal injury claim comes from the extent of the injured person’s injuries and other losses they have experienced. Losses (or damages) as a hurt rideshare passenger typically include the following aspects:

  • Lost income
  • Past and future medical bills, and
  • Pain and suffering

Lost income plays a role in determining the value of an injured person’s claim because, in most cases, injuries prevent people from working, otherwise limiting someone’s capability to make a living for themselves. If injuries prevent someone from working for say three months, then the lost earnings element of a claim will be equivalent to the earnings a person would have made had they worked for those three months.

Generally speaking, past and future medical expenses are simple—an injured person will receive financial compensation for any medical expenses they incurred as a direct result of the accident. Things can become complex when the seriousness of an injury is uncertain, and in some instances, there can be disputes over whether some of the medical expenses were the result of pre-existing injuries.

For example, say an individual has a neck injury that has existed prior to them being injured in a rideshare accident. Then this individual declares that part of the rideshare accident medical expenses involved treatment for their neck. There is the potential that an insurance provider will argue that they will not include compensation for medical expenses connected to neck treatment. When something arises like this, it is essential to have an experienced automobile accident lawyer by your side.

Pain and suffering damages are the most complex to determine in an injury claim due to the fact that it is tough to put a monetary value on those types of losses.

Does a Rideshare Passenger Injury Lawsuit Need to Be Filed?

It is not necessary to submit a rideshare passenger injury claim; however, it will depend upon the approach the automobile insurance provider takes on the claim. In most cases, the reason somebody decides to file a personal injury lawsuit is that the insurance provider for either Uber or Lyft is not making a reasonable settlement offer.

The fact of the matter is that it is rare for a rideshare passenger injury claim to lead to a lawsuit. Generally, both sides are motivated to settle the claim because they are aware of the costs that come with going to court, as well as the unpredictable outcomes. However, in the rare chance a lawsuit is needed, it is important to consider working with an experienced lawyer to help you navigate the complicated legal process.

I’ve Hired A Lawyer—What Can I Expect?

In the instance that you do file a lawsuit and have already hired a lawyer of your choice, it is a good idea to come to the first meeting prepared. A few of the relevant files you should bring consist of:

  • All records connected to the rideshare accident (email confirmations, credit/debit card invoices, your driver’s rideshare profile information, etc.)
  • Medical bills and records
  • Documentation of earnings you have lost
  • Insurance documents, consisting of policies, emails, forms, letters, or any other interaction between you and any insurance company that is included with elements of the accident.
  • Police report (if there is one)
  • Names of witnesses
  • Your personal notes that are associated with the accident, medical treatment, and the impact the accident has had on your life
  • Any other sources of extra evidence

Although the legal process can be scary, the right lawyer can assist you in making it less stressful. Our lawyers at The Cochran Firm are prepared to fight for the compensation you deserve during this unprecedented time. Contact us today for a free, no-obligation initial consultation concerning your rideshare accident claim.

Why Choose The Cochran Firm 

The lawyers at The Cochran Firm are among the nation’s most successful and tenacious lawyers. When navigating through the legal process, you deserve to have an experienced lawyer by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced lawyers are ready to help you or someone you love that has been involved in a ridesharing accident that resulted in injuries. Our lawyers work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced lawyer who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. Our lawyers have won over $30 Billion in verdicts and settlements for our clients. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

If you’re looking for an experienced rideshare accident lawyer to help you pursue justice for your medical costs, lost work, lasting injuries, and more, please contact our lawyers at The Cochran Firm today for your free, no-obligation initial consultation today. We serve the entire country with offices in many major U.S. cities.

New Year. New CLE. New Venue: The 2022 Trial Lawyers Summit

Are you ready for a new year, new CLE, and a new venue? Then join us at the 2022 Trial Lawyers Summit, presented by The National Trial Lawyers, held on January 30 – February 2, 2022, at the Fontainebleau Miami Beach in Miami, FL. This conference is a unique gathering of the country’s top criminal defense and civil plaintiff lawyers. The Trial Lawyers Summit is consistently packed with networking opportunities and informative sessions, providing attorneys the chance to improve their trial skills and business management. 

Attorneys, paralegals, students, and firm administrators from all over the country participate in our unique, family-friendly conference each year to experience the most relevant legal sessions and engaging social functions. Offering 24+ CLE credits, this is the perfect event to kick off your year with one-of-a-kind educational sessions and networking opportunities.

The Fontainebleau Miami Beach, is a gorgeous 22-acre, oceanfront venue situated in the heart of Millionaires Row, and is one of the most historically and architecturally significant hotels in Miami Beach, Florida. Featuring signature restaurants by award-winning chefs, two chic nightlife venues, 11 distinctive pool experiences, a two-story spa, cabanas, and more. The Fontainebleau Miami Beach is the perfect place to network with fellow trial lawyers.

Each year, the Trial Lawyers Summit is packed with compelling speakers, valuable conversations, and exclusive networking functions where attendees can reconnect with new and fellow trial lawyers while learning the most up-to-date practices.

Educational sessions introduce tactical, useful insights for attorneys at any stage in their career. These sessions focus on digital marketing, mass torts, business of law, criminal defense, trucking and automobile, and much more.

Attendees have the opportunity to indulge in luncheons, cocktail hours, and exclusive receptions that best fit their lifestyle. Our networking events give attendees and their guests a chance to make valuable connections while enjoying entertainment, cocktails, and more.

Whether this is your first time attending the Trial Lawyers Summit or your tenth, there is an exclusive networking function for you.

Make it a friend’s or family trip and extend your stay! Take advantage of our hotel group rate that is extended until February 5 and appreciate a fun, sunny weekend in Miami while exploring:

  • Jungle Island
  • Miami Seaquarium
  • Frost Science Museum
  • Miami Children’s Museum
  • Perez Art Museum Miami
  • Vizcaya Museum and Gardens
  • Everglades National Park
  • Design District
  • Wynwood District

If you are determined to intensify your legal processes, registering for the Trial Lawyers Summit is the first step. Whether you are trying your first case or your hundredth, perfecting your practice starts at the Trial Lawyers Summit. 

Register now and save $200! This limited-time offer allows you to take advantage of our $200 early bird discount. This exclusive offer won’t last long, so make sure you register today, and we will see you in Miami!

A Guide for Natural Disaster Claims

The number of lives lost from natural disasters can differ yearly; some years pass with relatively few deaths prior to a large disaster event takes too many innocent lives. According to Our World in Data, if you look at the average over the past ten years, approximately 60,000 individuals across the world passed away from a natural disaster.

Our World in Data has discovered that in many years, the number of deaths can often be less than 10,000. But they also see the horrific effect of shock events such as the 2004 Indian Ocean earthquake and tsunami; 2005 Hurricane Katrina in New Orleans, LA; and the 2010 Port-au-Prince earthquake in Haiti.

What is a Natural Disaster?

According to the Department of Homeland Security, a natural disaster consists of all kinds of severe weather, which can pose a significant risk to human health and safety, property, critical infrastructure, and homeland security. All natural disasters are normally described to be an instance that causes building and/or structural damage due to natural causes that are not within human control.

Natural disasters happen seasonally and without warning, causing the country to experience frequent durations of disruption, uncertainty, financial loss, and even possible death. There are numerous kinds of natural disasters, consisting of winter storms, floods, tornados, hurricanes, earthquakes, wildfires, or any combination of the like.

Does Homeowners Insurance Cover a Natural Disaster?

The majority of natural disasters are uncertain and challenging to gauge. Because of this, it can be challenging to recover losses for damages to properties you own.

To ensure that you are protected when disaster strikes, it is essential to consider whether your renters or homeowners insurance policy covers natural disasters when renting or buying a home. Natural disasters can include:

  • Lightning strikes
  • Hail Damage
  • Mudslides
  • Rockslides
  • Tsunamis
  • Other common natural disasters

. Most standard homeowners insurance plans cover a wide range of situations; however, other possible disasters need to be added to your policy. Homeowners’ insurance plans are important to have so that when a tragic disaster, such as a hurricane or tornado occurs, a homeowner does not need to pay out-of-pocket to fix any damage that happened. Insurance plans cover anything from items lost to theft or even fire damage caused by particular natural disasters.

When a natural disaster hits, insurance providers have an obligation to ensure that their customers receive the payment they deserve reliably and feasibly. Policyholders specifically pay their premiums on time to acquire insurance coverage during horrific times like these.

High-Risk Areas

Typically, basic homeowners insurance coverage does not cover natural disasters if you reside in a high-risk area, such as a flat area on the edge of a river or along an active fault. Because of this absence of coverage, homeowners generally buy supplemental policies that cover particular types of natural disasters depending on the conditions in where their home is located. However, if you live in a high-risk area, you can potentially pay more for your basic policy to cover that increased risk.

Flooding

Because flooding can come in several different forms, not all sources of flooding are treated equally. Flooding can come from:

  • Rivers
  • Plumbing failures
  • Coastal surges or sneak waves
  • Sinkholes
  • Excess rain

Relatively speaking, most homeowner policies specifically exclude flood-related damage. The only exception is cases that are directly associated with flooding from damaged plumbing infrastructure, such as a leaking pipe.

However, if you live in an area where floods occur frequently, you can purchase a special flood protection policy. In 1968, the National Flood Insurance Program (NFIP) was created so that homeowners in flood-prone areas could buy flood insurance. The NFIP is through private insurance providers but is supported by the United States government. The cost of flood insurance through the NFIP is decided by the measures the community you live in has taken to minimize the risk of flood damage.

Hurricanes and Tornadoes

. Homeowners’ insurance plans cover any wind damage resulting from natural disasters (primarily hurricanes); however, they omit the flooding that often follows storm surges from hurricanes.

Damage as the result of a tornado is usually covered, such as:

  • Any and all damage considered to be wind damage
  • Water damage related to tornadoes (e.g., rain that comes through a roof that was damaged in a tornado)

The majority of states on the East and Gulf coast are susceptible to hurricanes; nevertheless, states like Florida and Louisiana are the most vulnerable due to their close proximity to the Atlantic Ocean and the Gulf of Mexico. Individuals that live in these states should heavily consider buying flood insurance or certain “beach and windstorm” insurance to safeguard their homes in the case of a hurricane damaging them.

Most insurance companies are looking to make enormous quantities of money, and hurricanes can cost a state or region tens of billions of dollars in property damage. Due to these insurance providers’ profitable intentions, it is crucial to completely understand every detail of your homeowners’ insurance policy, especially if you live in a high-risk area. For instance, different hurricane insurance claims include debates over how the terms “wind damage” and “flood damage” are specified by insurance providers.

Earthquakes

A variety of aspects determine the cost of earthquake insurance. Those elements include:

  • Location of the house
  • Materials used in its construction
  • The way it is constructed
  • The integrity of its foundation
  • Number of stories or levels
  • Home’s insured value
  • Policyholder’s chosen level of coverage

Even if a homeowner lives in an area that is not known for earthquake activity, they still have the option of purchasing supplemental earthquake insurance at a decently low premium. For example, individuals that live in Missouri can acquire relatively inexpensive earthquake insurance even though the state is situated on the unknown but possibly catastrophic New Madrid Fault.

Volcanoes

Even if you do not live near an active volcano, your homeowners’ insurance policy most likely covers damage from an unlikely volcanic eruption. Standard policies mainly cover damage related to:

  • Ash
  • Dust
  • Particulate matter
  • Lava flow
  • Initial removal of these materials

Standard policies do not cover:

  • Landslides
  • Shock waves
  • Tremors
  • Ash deposited later (from the wind)

Someone who owns a house near an active volcano, even in parts of Washington, can buy extra coverage for volcanic disasters to ensure their home is protected if a volcano erupts and damages their home.

The bottom line is that when a natural disaster strikes, you should be able to rely on your insurance provider to help repair any damage that is covered within the policy that you hold with them. Unfortunately, more times than not, insurers underpay on their claims or deny a claim entirely to profit as much as possible. If you have the right coverage, but the insurance company declares that you do not, an attorney can evaluate your policy and help you recover full compensation. Contact our experienced lawyers at The Cochran Firm today to help you fight for the settlement you deserve for natural disaster damages.

Insurance Companies Underpaying on Claims

Many insurance providers are after only one thing: money. Insurance providers use many techniques to underpay on claims or even completely deny the claim to make as much money as possible. Some of these strategies include:

  • Claiming that the type of damage is not covered in a clients’ policy
  • Applying inaccurate markdowns to determine the value of an asset
  • Using inaccurate, outdated price lists when construction prices have increased
  • Failing to value the cost of repairs/replacements accurately, especially pertaining to objects
  • Standing in the way of processing a claim in hopes of increasing the likelihood that a policyholder will become desperate and agree to a smaller payout.

Businesses have even found that by lowballing insurance holder’s cases, they can save millions of dollars.

While the federal government funds flood insurance plans and there is no intent on profit in this case, in homeowners protection, where businesses pay out of their own pockets, they obtain earnings and have every intention of profiting.

Examples of Insurance Companies Underpaying on Claims

Hurricane Isaac

In one suit, Louisiana Citizens Property Insurance Corporation, a state-run insurance provider, was sued for underpayment of property insurance claims after Hurricane Isaac struck. Legal actions varied regarding the insurance policies breach of contract. Some claims were underpaid by $40,000 and others by approximately $70,000. After the dreadful storm, many families could not fix their homes because of the deliberate underpayment of claims.

Hurricane Sandy

After Hurricane Sandy struck, numerous insurance providers were denied insurance policy protection for damages suffered after flooding from the storm. Fabricated reports established that damage to the home “existed before the storm” or could have been “due to natural planet activity.” After this storm, specialists in insurance coverage plans identified that insurance providers systematically turned down reputable insurance policy cases and significantly underpaid what they should have.

The truth of the matter is that many insurance providers will do whatever it takes to make a profit, even if it is at the expense of their clients. Fortunately, our experienced lawyers at The Cochran Firm are ready to assist you in fighting for fair settlements for the damages you have suffered due to a natural disaster.

Has Your Property Been Damaged Due to a Natural Disaster?

If you have experienced the nightmare of seeing your property become exceptionally damaged by the ruthless forces accompanying a natural disaster, you are likely facing significantly expensive repairs.

The unbelievably strong winds that hurricanes and tornadoes bring habitually cause horrific damage to communities throughout the United States, a reality that is only augmented by the danger of flood damage. States with dry, hot summer seasons are susceptible to wildfires that quickly consume massive areas of land, blazing out of control and burning anything along its path. Earthquakes also cause considerable damage due to their rattling of structures, causing harm and destruction to anyone and anything standing in its way. Winter storms bring extreme hail and freezing temperatures that cause extreme damage to your property. Luckily, our experienced, resourceful natural disaster attorneys at The Cochran Firm understand just what to do and are eager to help you navigate your claim throughout this trying time.

How Do I Handle a Natural Disaster Claim?

Dealing with the effect of a hurricane, tornado, fire, or any other natural disaster can be highly stressful and even frightening. Policyholders expect their insurance provider to fix any damage related to a natural disaster once a claim is filed; however, that is not always the case. Actually, policyholders often make filing mistakes that can cost them countless dollars. This reality is typically related to consumers failing to read the fine print of their policy, resulting in being underinsured and sometimes even paying for coverage out of their own pocket.

So, if you are unsure of what your insurance policy will cover to file a successful claim, consider the following things when filing your natural disaster claim.

  1. Assess the damages you have incurred. Make sure you take photographs and keep a list of the property that has been harmed. Be very sure that you do not dispose of any property until an insurance adjuster has evaluated it for your claim. You can attempt to make temporary repairs to your home and move your personal property into storage if your residence cannot be secured. Insurance plans can allow for the repayment of storage units until you can back into your home.
  1. Carefully go through your policy and make sure you understand what can be covered regarding clean-up ad repairs. Many insurance policies compensate for mold, painting, carpet, wall repairs (or insulation), and rewiring and electric work.
  1. If you can still reside in your home, but your home needs repairs due to a natural disaster, make sure to consult with your insurance provider about the repairs that need to be made urgently. Be sure you document all of your costs (keep receipts) no matter if you made the repairs yourself or hired someone else to do so.
  1. If you cannot live in your home after a natural disaster, be sure to record all of your expenditures (meals, hotel rooms, transportation, etc.). A typical insurance plan generally provides a limited amount of coverage for these expenditures.
  1. Understand that most insurers have a time limit on when you can file a claim, so it is very important to submit your claim as soon as possible. As soon as you file a claim, your insurance company will send out an adjuster to survey the damage of your home at no charge to you. Before you agree to the settlement terms, you are allowed to have an independent contractor of your chance evaluate the adjuster’s survey or go over the evaluation to make certain that all damage that needs to be covered will be covered.
  1. Make sure to keep up with your claim. If you believe there is a delay on your claim by the insurance provider and you have gotten in touch with the claims department, and they have not gotten back to you, make sure to consult with a lawyer to advance your claim.
  1. Don’t be scared to NOT agree to a settlement. When it comes down to it, insurance providers aim to profit as much as they can, so it is possible their settlement deal will be less than you deserve.

Even if you act in a timely manner when submitting your claim, there are many reasons why your claim could be delayed or, worse, denied. You could be denied because you are underinsured, or in some instances, you might have adequate coverage, but you will not be compensated the full amount due to the terms and conditions of your policy. In this case, you will not be denied coverage, but you will need to pay the remaining expenses out of your own pocket. Unfortunately, your coverage can be declined if your home is damaged by a natural disaster that you do not have coverage for.

If you feel as though you have been taken advantage of by your insurance company after a natural disaster strikes, contact The Cochran Firm today. Our experienced attorneys are prepared to walk you through the complex legal procedure and defend you until you get the settlement you deserve.

Why Choose The Cochran Firm 

The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love that has suffered from a natural disaster claim. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. Our attorneys have won over $30 Billion in verdicts and settlements for our clients. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

If you’re looking for an experienced natural disaster lawyer to help you pursue justice and obtain compensation for your losses, please contact our attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.

What is Premises Liability?

Premises liability is a concept in the legal field that usually develops in personal injury cases where an injury was caused by a type of risky or defective condition on one’s property. Many personal injury cases are constructed on negligence, and premises liability cases are no exception.

What is Premises Liability Law?

Premises liability law describes the legal principle that holds property owners and/or occupants responsible when someone comes onto their property and gets hurt because of a harmful condition. With few exceptions, premises liability cases are based on negligence; nevertheless, the idea may be applied differently in other personal injury situations. The main source of premises liability law is state case precedents, known as “common law,” however, state statutes, city ordinances, and local building regulations may also be applicable.

A premises liability legal suit holds the owner of the property in which an injury happened accountable for any danger suffered on that person or entity’s property. Put simply, property owners have a responsibility under regional, state, and federal laws to keep a reasonably safe environment and warn others of any hazardous conditions under certain situations that may cause damage. While these laws vary, the basic underlying fact is similar regardless of where you live: property owners must keep their land and buildings on their land safe for authorized visitors and those with business there.

Premises Liability Case Examples

Failure to keep the property safe frequently results in a “premises liability.” Common situations that may lead to premises liability lawsuits include:

  • Slip and fall cases
  • Defective stairwells/ staircase accidents
  • Electricity and electrocution
  • Defective sidewalks
  • Insufficient security
  • Dog bites or animal attacks
  • Falling or flying objects
  • Ceiling collapse
  • Elevation accidents
  • Fire safety & building codes
  • Inadequate lighting
  • Supermarket & department store accidents

As you can see, premises liability cases include a wide variety of fact scenarios. Even dog bite cases fall under this umbrella due to unsafe conditions on someone’s property. 

If you do not see the cause of your premises liability case above, it does not mean that you do not have a case. Please contact The Cochran Firm’s experienced premises liability attorneys today for a free, no-obligation consultation.

Common Premises Liability Injuries

Although premises liability cases are usually not as dramatic or noticeable as automobile accidents, they can still cause the same type of severe injuries or even death. Many premises liability clients deal with pain and suffering from their injuries for the rest of their lives. 

Some of the most common injuries sustained in a premises liability case include:

If you do not see the injury you have suffered due to someone else’s negligence does not mean you do not have a premises liability case. 

No one should have to suffer from another person’s negligence. Call The Cochran Firm today to speak with one of our experienced premises liability lawyers to help you pursue justice and receive compensation for the injuries that you have suffered.

Who Can Recover For Premises Liability?

Rules on who may recuperate for premises liability and under which conditions vary state to state. Some states concentrate on the status of the individual visiting the property to decide whether liability is appropriate. The status of a visitor in those specific states is generally invitee, licensee, or trespasser.

An invitee is somebody that has the property owner’s expressed or implied approval to go onto the property. Invitees are typically individuals like members of the family, friends, and neighbors. For commercial functions, invitees are typically customers. Still, the property owner has a responsibility to the invitee to keep the property reasonably safe for the invitee.

A licensee is somebody that has the property owner’s expressed or implied permission to enter the property but is coming onto the property for their own functions. Licensees are usually people like salespeople. The property owner typically owes the licensee a lesser duty only to alert them of the possibly hazardous conditions that create an unreasonable risk of damage if:

  • The property owner is aware of the condition and
  • The licensee is not likely to be able to locate it.

A trespasser is someone who is not authorized to be on the property. However, in many cases, when an owner knows there will likely be an intruder, it is required to give sensible warnings of threats that are not apparent to trespassers. Typically, the exception to this rule is child trespassers, who might get involved with an “attractive nuisance,” like a swimming pool, and therefore are owed a higher duty of care.

An owner or occupant should examine the home regularly to find dangerous conditions and either fix them or post a warning so that legal visitors are not injured. Any property owner that fails to fulfill this duty, such as being aware of a harmful condition and failing to warn visitors, can be held liable for any injuries visitors suffered from lack of warning.

You may be thinking, “do restrictions exist on recovering for premises liability?” And the answer is yes. Many states follow the basis of comparative fault in premises liability cases, implying a hurt person who is partially or totally responsible for injuries suffered cannot recuperate for damages that arose out of a dangerous property condition. A visitor has the obligation to utilize reasonable care to keep themselves safe. If the visitor fails to use reasonable care, their portion of fault can potentially reduce their recovery.

Who is Responsible?

Property owners have a responsibility to maintain a safe environment for when people come onto their land, so they do not suffer an injury. This commitment, also known as “premises liability,” holds property owner’s accountable for any injury or accident that happens on their property.

Responsibility is identified by different things in different states. Some states focus on the status of the visitor, whereas others focus on the condition of the property and the actions of the owner and the visitor.

In states that concentrate on the condition of the property and actions of the owner/visitor, a uniform standard of care is used similarly to an invitee and licensees. However, that uniform standard of care is not extended to trespassers. When deciding whether the standard of care that is required by a property owner toward a licensee (and some states both an invitee and licensee) has been met requires the inspection of a range of factors, consisting of:

  • Conditions under which the visitor enters the property,
  • What the property is being used for,
  • Foreseeability of the accident or injury, and
  • Reasonableness of the property owner/possessor’s effort to fix any dangerous conditions or warn visitors of the dangerous condition.

When a trespasser is on a property, the owner only has a duty to provide a warning to avoid injuries if there are artificial conditions that the property owner has created or maintains (e.g., swimming pool). If a warning is given, the trespasser will probably be responsible. If a warning is not provided, the trespasser might not be responsible.

One of the most commonly used restrictions on a property owner’s liability is the argument that the injured individual is partly responsible. A visitor is required to exercise sensible care for their own safety, and when that care is not exercised, the injured individual’s recovery is sometimes restricted or decreased by their negligence. Most states stick to a “comparative fault” system, meaning that an injured person’s legal damages will be reduced by a portion equivalent to their fault for the event.

In order for a property owner to be responsible, a victim must prove that the owner was at fault in some way. There must be material evidence that the owner either created the dangerous condition or allowed the dangerous condition to remain on their property to establish a claim.

What Happens If Someone is Injured on My Property?

If an invitee, licensee, or trespasser is injured while on your property, it is likely, they will bring a personal injury lawsuit against you. Whether you will be held liable or not depends upon how the visitor was injured and what their status on your property was. For example, you would be more likely to be held liable for an invitee or licensee’s injuries than for a trespasser’s injuries.

The law requires property owners to maintain their property in a reasonably safe way. If the property owner refrains from doing so, they probably will be held liable for negligence. Liability on private property is typically greater for those invited onto the property than those who were trespassing (or uninvited).

As long as you make your visitors aware of any harmful conditions you know of on your property, you most likely will not be held liable for any injuries that happen on your land. If you are a property owner and are not sure of what to do after someone has been hurt on your property, it is very important to speak with an experienced personal injury attorney to determine the duty of care you owe. Contact our experienced personal injury attorneys at The Cochran Firm for a free, no-obligation consultation today. 

How Does a Premises Liability Case Work?

Initially, the plaintiff must show that they have in fact been injured. This can be done through testament, whether it is a testimony from a treating medical professional or the plaintiff’s testimony. A plaintiff can also provide medical statements and expert testimony regarding their injuries, the extent of their medical treatment, and how the injuries and continuous treatment will impact certain parts of their life.

Once the plaintiff has proven their injuries, they must prove that: 

  • The person causing the injury owned, occupied, or leased the property
  • The defendant was negligent in the use of the property
  • The plaintiff has suffered injuries, and
  • The property owner’s (defendant) negligence was a significant factor in causing the injury.

When proving that the defendant’s negligence had a hand in causing your injuries, it is essential to show that the damage that was suffered was fairly foreseeable. The defendant’s negligence does not have to be the sole cause of the injury; however, it must have significantly contributed to the injury.

No matter what the premises liability case may be, it is crucial to have an experienced attorney to help navigate the legal process. The attorneys at The Cochran Firm are here to help. Our premises liability lawyers will investigate your injury to determine its cause, then pursue compensation on your behalf for your injuries. In deciding whether or not you should bring a case for premise liability, it is crucial to make sure that the property owner knew the faulty condition or was so evident that it should have been known by them. 

You should not have to suffer in silence. We’ll be your voice in this challenging and traumatic time.

Why Choose The Cochran Firm 

The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love that has suffered from a premises liability case. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

If you’re looking for an experienced premises liability lawyer to help you pursue justice and obtain compensation for your injuries, please contact our attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.

The 2022 Trial Lawyers Summit: New Location

The National Trial Lawyers will present the annual Trial Lawyers Summit on January 30 – February 2, 2022, in Miami Beach, Florida. The Fontainebleau Miami Beach will serve as the new location for the 2022 Trial Lawyers Summit. This exciting change of location will bring new scenery to this unique gathering of America’s most outstanding civil plaintiff and criminal defense lawyers. Offering various networking opportunities and a variety of educational sessions, the Trial Lawyers Summit provides attorneys the chance to improve their trial skills and business management.

“The Trial Lawyers Summit has great access to highly successful, experienced trial attorneys and a great variety of exhibitors,” says Tiffany Johnson, a 2021 Trial Lawyers Summit attendee.

Packed with compelling speakers, valuable conversations, exclusive social functions, and numerous opportunities to enjoy catered meals and extraordinary amenities, the Trial Lawyers Summit will become your focal point in the new year.

“I enjoyed the course content as it was very relevant, and the speakers clearly put in the hours to have great presentations,” says William Henry Barfield, an attendee of the 2021 Trial Lawyers Summit.

Attorneys, paralegals, students, and firm administrators from all over the country flock to our one-of-a-kind, family-friendly conference each year to experience the most relevant legal sessions and engaging networking events. Only 11 miles from the Miami International Airport, the Fontainebleau Miami Beach will house hundreds of Trial Lawyers Summit attendees. The hotel features signature restaurants by award-winning chefs, nightlife venues, a two-story spa, and much more. After meeting new faces and catching up with old friends, attendees can enjoy over ten pools and miles of pristine beach.

“The Trial Lawyers Summit, through its programming and the relationships you will build there, will provide you with novel and proven techniques to address these challenges, giving you and your clients the best possible opportunity to secure justice in the face of unpredictable predispositions,” says John Givens, a lawyer at The Cochran Firm – Dothan.

Each session hosted at the Trial Lawyers Summit introduces tactical, useful insights for lawyers at any stage in their career. Education sessions focus on digital marketing, mass torts, criminal defense, women’s leadership, trucking and automobile litigation, traumatic brain injury litigation, and more.

Attendees can enjoy luncheons, cocktail hours, and exclusive receptions that best fit their lifestyle. If you are determined to intensify your legal processes, registering for the Trial Lawyers Summit is the first step. Whether you are trying your first case or your hundredth, perfecting your practice starts at the Trial Lawyers Summit. 


Register now and save $350! This limited-time offer allows you to take advantage of our $200 early bird discount + an additional $150 off. This exclusive offer won’t last long, so make sure you register today, and we will see you in Miami!

Opioid Litigation: What You Need to Know

Every day, more than 130 Americans lose their lives to opioid overdoses and many more battle with opioid addiction. Over the past 20 years, the deregulation of laws handling the prescribing of opioids to treat persistent non-cancer pain by the state medical boards has led to significant increases in opioid use.

Opioids are substances that act on opioid receptors to produce morphine-like effects. Medically, they are typically used for pain relief, including anesthesia; however, they can also create an addictive euphoric high in users when abused.

The opioid epidemic has caused insurmountable pain, suffering, and damage to countless Americans. Unfortunately, people who were merely looking for a way to manage their pain instead wound up with an awful addiction to the pills they were prescribed by a medical professional. And more times than not, that severe addiction leads to a horrible death due to an overdose. In 2020 alone, more than 93,000 individuals died of a drug overdose, a record number that shows an increase of almost 30% from 2019. Also, statistics show that opioid painkillers are now responsible for more deaths than suicide and automobile crashes or deaths from cocaine and heroin combined.

As this epidemic continues to grow, our society and our legal system have started to acknowledge that, most of the time, an addict’s dependence on opioids can not be attributed to a weak will or moral defeat. Evidence now suggests that the health care industry continues to knowingly fail to protect the clients it claims to serve. This evidence appears to have started directly with the opioid manufacturers themselves, expanding to the medical professionals that prescribe these pills by the billions.

The Truth Behind the Opioid Epidemic

For many years, drugs like hydrocodone, morphine, fentanyl, and Oxycotin were promoted as a miracle solution to the longtime problem of pain relief for anyone dealing with serious or constant pain. But, with that relief came the severe risk of addiction, and this side was never appropriately acknowledged by the manufacturers, nor were the millions of clients who were prescribed these drugs appropriately informed.

This terrible epidemic did not crawl out of the woodwork. It can all be traced back to distrustful, profit-seeking choices continuously made by drug manufacturers who chose not to inform the public of the significant risks accompanied by opioid use.

In fact, in July of 2021, four major companies that distributed opioid painkillers, even as addiction and overdose deaths increased, were faced with a $26 billion national settlement. These companies consisted of Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson. Each company has denied any wrongdoing in its production and marketing of opioids; however, they have stated that this settlement will “deliver meaningful relief to communities across the country.” A year before this opioid settlement, Purdue Pharma, another pharmaceutical manufacturer, faced an $8.3 billion settlement after confessing that it marketed and sold its dangerous opioid products to providers, knowing that these providers were distributing them to abusers.

However, opioid manufacturers are not the only ones at fault. Kickbacks, specifically pharmaceutical kickbacks, are a type of fraud in which a drug manufacturer bribes a medical professional to encourage them to prescribe medications for unapproved or inappropriate uses. These kickbacks can come in the form of incentives such as luxurious vacations, monetary benefits, extravagant presents, or phony research grants. Pharmaceutical kickbacks make both the manufacturer and provider more profitable while increasing the number of opioids people often abuse.

Opioid Litigation

As the numbers reveal an almost incomprehensible nationwide crisis, communities, states, and other local entities have finally had enough. More and more legal suits against manufacturers, and even physicians, have begun in hopes of fixing the wrong that has caused more unforeseen deaths in the country than that of automobile accidents.

Legal suits against opioid manufacturers, for instance, declare that defendants deliberately participated in deceitful and misleading marketing of opioids by “downplaying the risk of addiction” and “denying the risks of high dosages.” Complainant’s causes of actions range from the cost of consequences of the epidemic to violations of state customer protection. Unfortunately, many big pharmaceutical companies have not been true to their word of protecting the clients they serve, resulting in a great deal of lost lives.

Fighting Back

As the death tolls continue to increase, state authorities across the nation have started investigations to bring legal measures against these drug manufacturers. Many of these investigations have succeeded in court, opening the door for claims to people who have suffered from the terrible consequences opioids bring.

Hundreds of claims, if not thousands, have been filed, and the legal field has never been more responsive. As this tragic epidemic becomes more apparent, our country becomes more understanding of the trauma and damage that has been imposed on masses of individuals across the nation. Friends, family, neighbors, and everybody in between have been affected, and it’s time to fight back for the wrong that has been done.

Why Choose The Cochran Firm 

The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love that has suffered from the opioid epidemic. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

Please contact our attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.

What Are the Symptoms of a Traumatic Brain Injury, and Should You Contact an Attorney?

Traumatic brain injury may be defined as any type of trauma that has an effect on how the brain functions. As we know, the brain is the most elaborate part of the human body that we grasp the least amount of information about. New studies about brain findings occur daily to provide us a better understanding of how to operate and protect our brain’s vigor. Injuries that disturb our brain health exist in several methods, so it is vital to always be informed about what may have affected you.

Forms of Traumatic Brain Injury

In order to recognize a traumatic brain injury, it is essential to be aware of the three primary types of traumatic brain injury: Mild, Moderate, and Severe traumatic brain injury. Each can be measured on a scale known as the Glasgow Coma Scale (GCS), which determines the seriousness of the injury.

Mild traumatic brain injury is a new discovery that can take place in anyone’s life. Any force to the head area may trigger a mild traumatic brain injury which in no case should be ignored. For example, concussions; These head injuries have recently become regular events in the lives of active people, specifically athletes. Traditionally, a professional athlete might suffer a concussion due to a head injury in a sports-related event and be told to continue on or rest for a brief amount of time. We now recognize that mild traumatic brain injuries, like concussions, if not appropriately treated, can build up over time and negatively impact a person’s brain cognition long-term.

Also, mild traumatic brain injuries can occur due to an unexpected motion. Think about a moving automobile: In the event you are driving at seventy miles per hour and quickly slam on the brakes to stop the vehicle as soon as possible, this inertia-driven force may (literally) bounce your brain inside the skull cavity. The resulting effects could be bruising, swelling, or even bleeding of the brain and are usually classified as a traumatic brain injury.

Moderate and severe traumatic brain injuries are a level above a mild traumatic brain injury on the GCS measuring scale. Similar to mild traumatic brain injuries, moderate and severe traumatic brain injuries can occur due to the force to the head area or by a penetrating injury like a gunshot wound to the head. Moderate and severe traumatic brain injuries endanger the lives of people each year, so it is imperative to seek careful attention. Falls by the elderly, incidents with guns, vehicle crashes, and even assault cases all aid to the leading causes of moderate to severe traumatic brain injuries. The CDC approximates that roughly 22 percent of individuals with TBI pass away each year, along with 30 percent of people suffering worse TBI-related detriments with time. Likewise, dealing with TBI requires continual care in order to stay out of the category of people who deteriorate due to its effects. Direct and indirect medical bills associated with TBI represented over 75 billion dollars, mostly pertaining to TBIs requiring hospitalization along with fatalities.

Effects of Traumatic Brain Injury

Traumatic brain injuries are proven to leave permanent effects, whether they become noticeable instantly or in the following years. Over 60,000 people pass away each year from traumatic brain injury impacts with that number affecting individuals of any age. The frightening statistic limits this number to 166 deaths each day. Research studies continually show that traumatic brain injuries cause both short-term and lasting impacts. On the one hand, you might suffer short-term memory loss, brain fog, problems concentrating, and even headaches for weeks or months until these symptoms diminish.

On the other hand, these signs, as well as others, such as brain damage, reduced motor function, and severe memory loss, may completely change someone’s quality of life. Determining the appropriate health care for a traumatic brain injury is the most important aspect to keep in mind. These injuries should never be ignored and oftentimes need specialized treatment that guarantees the recovery of brain function through constant care and monitoring. The long-lasting impacts of TBI are negatively noteworthy, increasing the likelihood to suffer and potentially die from seizures, drug poisoning, infections, and even pneumonia. This can be described as a triggering effect that usually refers to one event leading to another. Sadly, these negative situations occur as an outcome of complicated injuries. Traumatic brain injury patients can even find themselves needing treatment for life just to keep some quality of life. One must keep in mind that the brain is the highest operating organ in our bodies, with many intricate details that we do not understand. It is up to us to secure this important piece of the body, no matter material resources.

Traumatic brain injuries in children are crucial to treat, whether their injuries are mild or severe. This stands as an avoidance strategy to ensure that the effects do not remain or advance in time as the child matures into their adult years. Children’s brains are still developing with time, and any interruption during this development can activate long-term effects that, regrettably, are irrevocable. Parents need to keep in mind that their child’s brains form basic life skills such as behavior changes, social skills, and learning retention, which all aid in children living productive adult lives. Our kids are the foundation of our society that will one day contribute to living out our traditions and forming new traditions for the future of society, and it depends on us to protect them.

Like many diseases, the elderly are at the forefront of the threat of requiring hospitalization or even succumbing to death because of a traumatic brain injury. Older adults already experience similar impacts due to their apparent old age, such as memory loss and reduced productivity. These old-age misfortunes often assume that an adult in their later years may suffer a traumatic brain injury and never receive a proper diagnosis from a healthcare professional. Unfortunately, this is a common occurrence, and these mistakes need to be taken seriously because of their extreme effects. Likewise, seniors frequently take extra medications that may negatively affect them if they experience a traumatic brain injury. According to the CDC, Anticoagulants like warfarin (Coumadin), rivaroxaban (Xarelto), and apixaban (Eliquis), and antiplatelet medications like clopidogrel (Plavix), ticagrelor (Brilinta), and acetylsalicylic acid (Aspirin) can all increase the amount of bleeding in the brain following a traumatic brain injury.

Finding a Traumatic Brain Injury Attorney

Traumatic brain injury attorneys require the experience and knowledge to manage these complex cases appropriately. For starters, an attorney who thinks they are simply assisting in a traditional automobile accident case may not ask to dive deeper into the injuries suffered to check for a traumatic brain injury. Picking the right attorney comes down to experience in this field of work to ask the correct questions and ensure clients receive suitable compensation and treatment. To decipher through attorneys, one must use a detail-oriented evaluation process. To add, some attorneys may only practice with a singular goal in mind: to make money. Now, making money is a great thing sometimes, but it should not be the focus of all decisions behind a client’s case. Other attorneys might have great intentions; however, their experience in this field could be lacking. Traumatic brain injuries are only recently becoming a hot topic due to the meter of transparency in sports, medicine, and overall good health on the rise. In order to obtain a proper attorney, one must remember all of the complexities that go into receiving adequate care. For instance, a traumatic brain injury attorney needs to gather a team of credible medical professionals to prove your case for a traumatic brain injury claim based on the facts and appropriate collection of data. Then, a traumatic brain injury attorney must gather a team of financial professionals to work with medical professionals to establish a short or long treatment plan that benefits the victim of a TBI the most. Next, a traumatic brain injury attorney must gather all of this information among others and use it to justify to the opposite side why your case matters. Of course, little things along the way, such as using properly backed medical journals and professionals to support your findings, play into the skillset of an experienced traumatic brain injury attorney. Oftentimes, individuals on the other side of your traumatic brain injury case work for or within the insurance company’s line of work. Because of this reason, their primary objective may aim to prove the absolute reverse of your claims and explain why your attorney’s research is incorrect. Insurance companies may hire defense attorneys to reduce your claims in an effort to limit their monetary damages. The sad reality for you might be a cold-hearted realization of one person versus another fighting for what is right.

On the other hand, traumatic brain injury attorneys have the responsibility, as all attorneys have, to distribute their client’s money properly in the most effective manner. However, when it comes down to a complicated injury such as TBI, factors play into an attorney’s decision to recommend where their client’s money should be distributed in the best place possible. For instance, some attorneys go the extra mile in utilizing their expert medical and economic resources to research programs around the nation and the world that provide TBI treatment in the highest capacity. Programs exist throughout that country that treats TBI patients daily and improves TBI patients with one-on-one exercises and specialized testing. The typical health care providers at your local hospital may not be a part of a TBI-specific treatment team or division within their employer. Facilitating with a branch of specialized medical experts costs large amounts of time and money that standard healthcare facilities may not want to handle. All of these elements play a role in your determination of the right attorney to represent you in your traumatic brain injury case. The best outcomes for each of these factors simply come down to experience and commitment. As with medical professionals, finding the proper TBI attorney might prove to be less common than a traditional attorney specializing in standard matters. Whether you research on behalf of yourself or on behalf of another, it is crucial to keep these facts in mind. If you are the victim of a traumatic brain injury, your life may be dramatically impacted in one way or another. Therefore, you deserve the peace of mind that this obstacle can be overcome, and your quality of life may not be diminished.

Let us at The Cochran Firm defend you with our skilled team of traumatic brain injury attorneys who have the knowledge and determination to get you what you deserve after this life-altering injury. Traumatic brain injuries should not be taken lightly. Whether they are mild or severe, we are here to help.

Why Choose The Cochran Firm 

The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love pursuing a brain injury claim. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced brain injury attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

Please contact the brain injury attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.

First-ever Civil Rights Criminal Justice Legal Summit

On September 22 – 24, 2021, The Cochran Firm will present the first-ever Civil Rights Criminal Justice Legal Summit, hosted at the Marriott Marquis Atlanta in Atlanta, Georgia. This conference will focus on tangible ways the legal profession can passionately promote equity and fairness for marginalized people through the legal system. Featuring keynote speakers, moderated panel discussions, and workshops, this Summit will focus on identifying and incorporating the social justice implications of individual cases in the fight for civil and human rights.

There will be discussions and perspectives from many different presenters, including policymakers, judges, public defenders, racial and social justice advocates, and criminal defense and plaintiffs’ attorneys involved in civil rights litigation against law enforcement and local governments. During this conference, attendees will learn beneficial methods to actively and practically promote equity and justice for all.

Each day will consist of modules and breakout workshops. Each module will consist of a presentation and conversation facilitated by a moderator and roundtable participants. These modules will cover topics like “How to Hold Law Enforcement Accountable,” “Working with Clients and Communities,” “The Power of Storytelling,” and much more. Following each module, there will be two workshops that will provide practical skills training and discussions that focus on criminal defense and police civil rights. During these sessions, attendees will have the opportunity to engage in discussions and hear perspectives from a plethora of presenters. 

To close each day, attendees of the Civil Rights Criminal Justice Legal Summit will have the opportunity to network with fellow attorneys and activists during the Kickoff Reception and Legal Summit Social Event.

If you are dedicated to cementing a better future and a more just world for all, then join our community of legal activists and register today for the Civil Rights Criminal Justice Legal Summit. For complete details, please view our full agenda.

What to Expect in a Trucking Accident and How Can The Cochran Firm Help?

The trucking industry in the United States is frequently on the rise even though faster and newer means of transportation are being invented every day. Whether locally or cross-country, truck transport is one of the most suitable ways to distribute goods, with about 70 percent of all products reaching their destinations via some sort of truck.

According to the Federal Motor Carrier Safety Administration (FMCSA), almost 500,000 crashes involving big trucks were reported to the police in 2018, with over 4,000 fatal and over 100,000 causing injury to persons involved. As most people recognize, driving on the highway is dangerous, especially when 10,000-pound trucks and vehicles add to the mix, inevitably spelling disaster. However, oftentimes crashes with big trucks occur in rural areas and precisely account for more than 50 percent of the totality! One must keep in mind the potential for a crash on both ends of the spectrum—the truck operators and the vehicle operators. Almost any experienced operator can recall an instance on the road when they became nervous while close to a big truck. The critical thing to remember is the basics we all learn in driver’s education class and the undivided attention needed when driving any type of motor vehicle for the safety of ourselves, our passengers, and others on the road.

Big trucks present dangers to themselves and others on the road, but what lies in the cargo of a big truck may increase the threat of injury as well. For example, big trucks carry hazardous materials like harsh chemicals that are highly flammable when exposed to heat. Also, big trucks often haul physically dangerous materials like large wood logs, steel beams, and even large machinery. In the event of an accident, these materials may lead to catastrophic results that truck operators risk each day while on the road. To elaborate, over 50 percent of reported truck afflictions released hazardous and explosive material, with another large chunk of crashes resulting in injuries or towaways. Another factor to consider is the utter weight of a truck in relation to the fundamental laws of physics. For example, standard vehicles on the road traveling at high speeds (over 50 mph) need a certain amount of distance and time to stop completely, even when slamming on the brakes. 

On the other hand, big trucks carry such heavy loads, ranging from 10 to 40 tons, which requires them an even greater distance and time to stop completely. It is physically impossible for a car traveling on the highway to stop on a dime and foolish to assume a big truck can achieve the same. Part of the reason crashes with big trucks cause so much damage lies within the utter amount of force upon impact due to such heavy loads. Big trucks list their most harmful crashes as those which occur with other vehicles on the road. The reason for this may point to negligence on one party to explain how the crash happened in the first place. However, it must be emphasized that the negligence of regular vehicle operators is just as likely to occur as the negligence of a big truck operator. For a big truck operator to do their job, rigorous requirements include testing, both on paper and the road, before one receives their license to drive a big truck.

In any scenario involving a crash, it is crucial to evaluate the people behind the scenes. According to the FMCSA, roughly 5,000 big trucks were involved in fatal crashes in 2018, and of those crashes, there were 328 people 25 years or younger and 294 people 66 years or older. This fact proves that most big truck operators involved in fatal crashes were middle-aged; therefore, a lack of life experience or too much life experience, for that matter, is unreliable to use as an explanation for the crashes. One may even conclude that it is more than likely that a middle-aged man possesses more big truck driving experience than most, and certainly more experience on that road than most others on the road. However, experience cannot correct bad habits that some vehicle operators (in cars or big trucks) possess. 

Fatal crashes entail tragic results, and many fatalities on the road result in the operators or passengers not wearing seatbelts. Most of the time, there is no explanation of why one fails to wear a seatbelt other than the fact that they negligently decided or forgot to before traveling onto roads and highways. Other factors explain crashes on the road, such as operator impairment either through drugs or alcohol. As most are already informed, driving under the influence is one of the most dangerous acts one can participate in, period. Many studies confirm that impairment of any kind slows the operator’s reflexes and prevents them from correcting or adjusting for quick scenarios on the road that occur almost regularly. Even operators that lack sleep but continue driving pose a risk for others on the road around them. Unfortunately, this usually applies to truck operators due to their high volumes of workloads and shift lengths. The big truck driving industry revolves around the truck company’s ability to deliver its goods in a timely manner. This puts big truck drivers in danger by training them to function on small amounts of sleep and large amounts of driving. However, in recent times, regulations have emerged for truck companies to limit their operators’ hours and hopefully reduce the number of people on the road with little to no sleep. For example, hour limits per day exist, and the federal government prevents big truck operators from driving more than 14 hours in a single day after a 10-hour break. Weekly driving time regulations are in place, as well as required 30-minute driving breaks. 

Conditions on the roads themselves add to the difficulties of driving any form of vehicle. As big trucks cross states regularly and sometimes the country, the number of driving conditions they experience increases drastically. Throughout the year, driving conditions decline for those on the road depending on their geographical location. For example, one may assume driving in the summer is easier; however, in places like the South, the summer is storm season, triggering large gusts of wind and heavy rainfall for hours on end. In areas further North, snow and ice play a considerable role in causing vehicle crashes of all sorts during the fall and winter months, especially for big trucks that fall victim to lack of brake control due to their already heavy loads. Even in the Spring, there are forms of big truck driving that occur on frozen roads, and the melting of these roads kills many big truck operators yearly. Vehicle operators must keep in mind quick tips to keep them informed about the roads that they travel. For example, a road becomes more slippery when rainfall first falls than during the rainfall itself. Also, a tire loses grip on roads that just recently received rainfall that has subsided. 

Regulations for big truck operators stand as the greatest chance to protect both their operators and others on the road. The weight of a big truck stands as one of the most important factors to monitor regularly. One of the techniques that regulators use is weigh-stations, used as exits on the side of interstate travel. While on the interstate, big trucks may receive a notification over the radio to pull into the next nearest weigh station to be checked out by state regulators based on the size of their load. Frequently, big truck companies overload their big trucks to decrease the number of trips overall or save money. However, these heavier loads place more significant pressure on the big truck’s tires and create a more substantial risk than reward. In a staggering study, it was observed that big trucks weighing more than 10,000 pounds were involved in a 330 percent increase of crashes that occurred on the road. One can only imagine the damage of a 10,000-pound vehicle falling over or colliding with another moving or immobile object. If a big truck pulls into a weigh station and fails to fall within compliance weight, they may be ticketed or lose a part of their load before being allowed to travel back onto the interstate safely. Weigh stations are essential measures taken by each state to protect their operators and those behind the wheel of big trucks. 

Of course, it is vital to remember that regular vehicles on the road pose the same risks to truck operators when driving under the influence or without proper sleep. In addition, reckless forms of driving contribute to large portions of crashes as well. Speeding by regular vehicle operators or truck operators remains the number one explanation behind why these collisions occur, in front of the second most common reason, distracted driving. Unfortunately, distracted driving has evolved over the last 20 years due to the advancement of technology in our everyday lives. Things like smartphones and tablets loaded with games and social media are consuming the lives of many Americans due to the high volumes of intriguing information in one place. It is just as likely, to see a driver distracted by viewing social media while operating a vehicle than just texting or talking on the phone alone. The excellent news about technological advancement is that it occurs in all categories as we continue to progress. For example, new developments in cars and trucks exist to discourage vehicle operators from operating while distracted by their phones. Apps and newly created phone settings disable phone notifications from occurring while operators are on the road. Overall, the driving world contains an unlimited amount of distractions; still, it remains the responsibility of both the car and truck operators to refrain from participating in these dangerous activities simultaneously.  

Unfortunately, trucking accidents occur daily, and it remains our job to keep you informed on the factors that play a part in these tragic events. The more informed you are, the better you can plan to act or react to a potentially life-changing event near you. Although they are common, trucking afflictions should not be seen as usual. It is up to us to practice driving as safely as possible for the sake of our own health and the health of those around us. If you find yourself or someone you care about amid a trucking accident, we may be able to help. Trucking accidents may stand tall due to their consequences, but we vow to stand taller to get you the knowledge and support you need. Here at the Cochran Firm, we stand to represent both the standard vehicle operators AND the big truck operators because ALL lives are valued the same.

Why Choose The Cochran Firm 

The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you. 

Here at The Cochran Firm, our experienced attorneys are ready to help you or someone you love pursuing a truck accident claim. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. 

You need the help of an experienced truck accident lawyer who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States. Please contact the wrongful death attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.