Accutane
Accutane is a prescription drug used to treat serious forms of cystic acne, one of the most common forms of skin disease. Manufactured in the U.S. by a division of Hoffmann-La Roche, Inc., and approved by the U.S. Food and Drug Administration in 1982, Accutane is the brand name for the generic drug isotretinoin. While there are clear benefits to the use of Accutane, for decades the drug has been known to cause birth defects when used by pregnant women. In addition, a number of recent lawsuits have claimed a link between the acne drug and depressive or suicidal behavior. 

Baycol
Baycol was approved for use in the U.S. in 1997, and is a member of a class of cholesterol lowering drugs that are commonly referred to as "statins." Statins such as Baycol lower cholesterol levels by blocking a specific enzyme in the body that is involved in the synthesis of cholesterol. While all statins have been associated with very rare reports of rhabdomyolysis, cases of fatal rhabdomyolysis in association with the use of Baycol have been reported significantly more frequently than for other approved statins. 

Benzene
Benzene is a clear, colorless, extremely flammable liquid with a strong, pleasant odor. Found in crude oil and as a by-product of decomposing organic matter, it is manufactured from petroleum distillates. Benzene, also known as Benzol, has been linked with cancer of the white blood cells (leukemia) in man, as well as blood disorders and abnormalities of genetic material (chromosomes). 

Industrial workers have been reported to develop blood disorders when exposed to low levels of benzene. In a 1977 experiment by the National Institute for Occupational Safety and Health, a person using a paint remover containing 52 percent benzene in a garage with poor air circulation was exposed to an average of 130 parts per million benzene in the air over a 25minute period. Most common petroleum distillates show traces of benzene because it is extremely difficult to eliminate during the petroleum refining process. 

Bextra
Bextra, the trade name of the generic drug valdecoxib, was approved by the U.S. Food and Drug Administration (FDA) on November 16, 2001. Its intended use was to relieve symptoms of osteoarthritis and rheumatoid arthritis in adults and to relieve painful menstrual cycles On April 7, 2005, the Food and Drug Administration (FDA) announced that it has asked Pfizer, Inc. to voluntarily withdraw Bextra from the U.S. market. Pfizer agreed to suspend sales and marketing of Bextra in the U.S., pending further discussions with the FDA. 

Celebrex
Celebrex, the brand name of the generic drug celecoxib, was approved by the U.S. Food and Drug Administration (FDA) on December 31, 1998, for the treatment of rheumatoid arthritis and osteoarthritis and, on December 23, 1999, as a drug treatment aimed at reducing the number of intestinal polyps in patients with a rare genetic disorder called familial adenomatous polyposis (FAP), an inherited disorder that, if left untreated, always develops into colon cancer. Celebrex is a non-steroidal anti-inflammatory drug (NSAID), and is in a class of drugs commonly referred to as "Cox-2 inhibitors." 

Although steroids are considered safe for brief use to reduce inflammation, when taken for longer periods, they can cause serious side effects like weight gain, fluid retention often visible in the face, sudden mood swings, muscle weakness, blurry vision, increased body hair, osteoporosis (bone weakening), high blood pressure, stomach irritation, and/or glaucoma. Consequently, NSAIDs are preferred for the reduction of inflammation if steroids can be avoided. 

Celebrex works by preventing the formation of "inflammatory" prostaglandins. These compounds are produced by the enzyme "cyclooxygenase 2," commonly referred to as "Cox-2," and are believed to cause pain and inflammation, as well as prevent blood cells from sticking together. Unlike other NSAIDs, Celebrex does not also block a second enzyme, commonly called "Cox-1," which monitors and maintains stomach tissue. Since this enzyme protects the stomach lining, Celebrex has been promoted as being able to reduce pain and inflammation without also causing ulcers and gastrointestinal bleeding.

 

Meridia
The U.S. Food and Drug Administration (FDA) approved Meridia, the brand name of the generic drug sibutramine hydrochloride monohydrate, in November 1997 for the long-term treatment of obesity. It is manufactured by Abbott Laboratories, who also sells the drug in Europe under the brand names Reductil, Reduxade, and Ectiva. 

Meridia affects the appetite control centers in the brain. It reduces food intake by increasing satiety, or the feeling of fullness, but it is not an appetite suppressant. Meridia hinders the reabsorption in the brain of two chemicals that make people feel full. By not allowing these chemicals to be absorbed by the nerve cells in the brain, a feeling of fullness occurs sooner, which should lead to reduced food intake and, subsequently, to weight loss. 

While the average weight loss from Meridia use is 5 to 9 percent within six months, Abbott Laboratories warns that obesity is a chronic condition. Since weight is regained quickly when medication is withdrawn, most patients must take Meridia permanently (either constantly or in cycles) in order to maintain weight loss.


Prempro
Prempro, also known as conjugated estrogen/medroxyprogesterone acetate, was approved by the U.S. Food and Drug Administration (FDA) in November 1995, to relieve menopause symptoms and osteoporosis. It is a combination of two hormones, an estrogen and a progestin, and is used only by menopausal women who have not undergone hysterectomy. Prempro was the first estrogen/progestin combination available for hormone replacement therapy (HRT), and is still one of the most common HRT's prescribed by physicians today. In 2003, it was estimated that more than 10 million postmenopausal women in the U.S. take estrogen or estrogen-progestin products to treat the symptoms of menopause. Prempro is manufactured by Wyeth-Ayerst Laboratories. 

Serzone
Serzone is the name brand of a tablet form of nefazodone, a prescription medication used to reduce the psychological and physical symptoms of depression, anxiety, and related disorders. Available in dosages of 50 mg, 100 mg, 150mg, 200mg, and 250mg, Serzone is manufactured by Bristol-Myers Squibb Company. 

In 2001, worldwide sales of Serzone were $409 million. On May 19th, 2004 Bristol-Myers Squibb announced that due to declining sales, Serzone will no longer be sold in the U.S. after June 14th, 2004. Note that this action does not affect sales of generic versions of Serzone (nefazodone).


Silicosis & Silica
Silica, or silicon dioxide, is a common chemical compound found in sand, rock, and soil. Since it is a naturally-occurring mineral and is often contained in a number of construction and building materials, workers in a large variety of industries and occupations may be exposed to silica and crystallized silica dust. For example, construction workers can easily be exposed to silica when chipping, hammering, drilling, crushing, or hauling rock, or when working with concrete and masonry products. Ven materials containing small amounts of crystalline silica can be used in ways that produce high dust concentrations.

When silica and silica dust is inhaled, tiny particles can enter into small air sacs in the lungs. In the early 1990's, it was estimated that over one million workers in the U.S. were being exposed to this breathable (or "respirable") silica dust. Each year, more than 250 American workers die with a condition known as "silicosis." Silicosis is a chronic lung disease sometimes suffered by workers repeatedly subjected to a work environment in which silica dust is commonplace, and is the greatest health risk from silica dust exposure. Silicosis is a disease which falls under the broader name "pneumoconiosis," a general term for any lung disease caused by inhalation of dust particles. 

Today, exposure to silica dust on the job is considered by the World Health Organization to be as dangerous to human health as other known carcinogens such as asbestos and smoking. People who are exposed to large amounts of silica dust are also at a greater risk of developing lung cancer, tuberculosis, and bronchitis. 

Vioxx
Vioxx, the trade name of the generic drug rofecoxib, was approved by the U.S. Food and Drug Administration (FDA) in May 1999, for the treatment of osteoarthritis, menstrual pain and the management of acute pain in adults. On September 30, 2004 the manufacturer of Vioxx, Merck & Co., Inc. (Merck) announced that it was voluntarily withdrawing Vioxx from the market worldwide, due to increased risks of cardiovascular problems (including heart attack and stroke) in users of the drug. 

A member of the family of non-steroidal anti-inflammatory drugs (NSAIDs), Vioxx does not cure arthritis or other causes of acute pain, but helps to address their symptoms as long as it is taken.


How NSAIDs Work 
Although steroids are considered safe for brief use to reduce inflammation, when taken for longer periods they can cause serious side effects like weight gain, fluid retention often visible in the face, sudden mood swings, muscle weakness, blurry vision, increased body hair, osteoporosis (bone weakening), high blood pressure, stomach irritation, and/or glaucoma. Consequently, NSAIDs are used to reduce inflammation if steroids can be avoided. 

Vioxx works by preventing the formation of "inflammatory" prostaglandins. These compounds are produced by the enzyme "cyclooxygenase 2," commonly referred to as "Cox-2," and are believed to cause pain and inflammation, as well as prevent blood cells from sticking together. Vioxx is part of a group of drugs known as "Cox-2 inhibitors." Unlike other NSAIDs, Vioxx does not also block a second enzyme, commonly called "Cox-1," that monitors and maintains stomach tissue. Since this protects the stomach lining, Vioxx has been promoted as being able to reduce pain and inflammation without also causing ulcers and gastrointestinal bleeding. 

Welding Rods
When the intense heat of a welder's torch burns into a metal surface, the welder and those in the area can be exposed to toxic fumes that may have serious adverse health consequences. 

Fumes from metallic elements used on welding rods can trigger the development of debilitating conditions like Parkinson's disease, and toxic welding rod fumes can sometimes even be fatal if long-term illnesses develop -- including lung cancer, kidney disease, and acute metal poisoning. In addition to the chemical dangers posed by substances on the welding rods themselves, fumes emitted during the welding of older, paint-covered metals can be particularly dangerous. 

When exposure to toxic welding fumes is caused by the carelessness of another person or company, anyone injured as a result should be aware of their legal rights. 

Dog/Animal Bites
Every year, thousands of Americans are bitten by animals -- most often dogs. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party. 

If An Animal Bites You 
The first thing you should do if you are bitten by an animal is to seek medical attention immediately. If you are not treated, an animal bite can cause serious injury, infection, and even death if the animal was diseased. Once you have been medically evaluated, you should also consider consulting a lawyer with experience in animal bite cases. An attorney will be able to tell you whether you have a legal claim, and what damages you may be able to recover.

An attorney will ask you for detailed information about the circumstances surrounding your animal bite. At a minimum, you should provide the name and phone number of the animal's owner. If you don't have this information, a neighbor or a witness might be able to provide it to you. Also, if there were witnesses, you should get their names and contact information as well. 

Brain Injury
Every year in America, nearly 100,000 people suffer serious brain injuries that require medical treatment and affect their ability to perform everyday activities. You do not have to be traveling at a high rate of speed or to strike a hard object in order to suffer a traumatic brain injury. Serious brain injuries can result from falls, car accidents, sports activities, and work-related accidents. Any kind of trauma to the head or neck region can cause the brain to bruise, bleed, tear, or swell. 

Types of Brain Injuries: Open and Closed 
There are two general types of head injuries: open and closed. An open injury means the skull has been fractured, and this kind of brain injury usually results from falls or other accidents in which the head comes in direct contact with a hard surface or object. A closed head injury does not involve a fracture, but can be more serious than an open injury due to the possibility of brain swelling and the formation of dangerous blood clots inside the skull. Whether a brain injury is open or closed, the most serious of either type can cause paralysis, loss of consciousness, and even death. 

Serious Brain Injury: Warning Signs 
Soon after an accident or injury, it may be difficult to know whether you or a loved one has suffered a brain injury, especially when no visual indications of serious injury exist. Here are some things to look out for when evaluating an accident victim's potential for brain injuries: 
 

• Confusion and difficulty remembering recent events
• Unusual tiredness or sluggishness
• Nausea and dizziness
• Severe headache
• Weakness or numbness on one side of the body

If any of the above symptoms are present soon after an accident or injury, you should seek immediate medical attention. It is even possible to suffer from a brain injury and still feel fine. Some victims have suffered serious brain injuries in an automobile accident, yet have been able to get out of their car and direct traffic away from the scene. Therefore, if there is any question at all whether a brain injury could have occurred in an accident, it is critical to go to the nearest hospital for a thorough medical evaluation.


Birth Injury
The birth of a child is often the most joyous time in a parent's life, and thankfully most child deliveries go as smoothly as expected, with any difficulties successfully overcome. Unfortunately, complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby. In situations such as these where the harm was avoidable, it is important that the legal rights of both baby and parent are fully safeguarded. 

The facts of cases involving birth injuries to a baby can differ greatly depending on individual circumstances, but most situations can be boiled down to one of two general scenarios. Both types of cases will be discussed in this overview. 

The first common case involves a doctor/obstetrician's failure to correctly assess or respond to conditions, disorders, and complications during a woman's pregnancy or delivery. For example, this type of case can include a doctor/obstetrician's failure to recognize pregnancy disorders like hypertension; improper use of medical devices such as forceps or vacuum; failure to perform a necessary caesarian section; or improper assessment of a baby's overall health in the womb. A lawsuit arising from these types of situations will usually include a medical malpractice claim against the physicians and other medical practitioners involved, and in some cases a claim against the hospital where the treatment or delivery took place. 

The second typical fact situation occurs when, during pregnancy a woman has taken a prescription drug, under the guidance and supervision of a doctor or pharmacist. In such a situation, you may also have a right to legal compensation from the drug manufacturer or pharmaceutical company, and from the pharmacist who assisted you with your prescription. 

Car Accident
Automobile accidents give rise to the majority of personal injury claims in the U.S. This is not surprising, given that every 10 seconds someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). 

Dangerous and Defective Products
Automobile accidents give rise to the majority of personal injury claims in the U.S. This is not surprising, given that every 10 seconds someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). 

Motor Vehicle Accidents and the Law
Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence was a proximate caused of the accident, and that the accident caused the plaintiff's injuries.

 

Negligence and Motor Vehicle Accidents 
As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.

Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following: 

 

• Disobeying traffic signs or signals
• Failing to signal while turning
• Driving above or below the posted speed limit
• Disregarding weather or traffic conditions
• Driving under the influence of drugs or alcohol

Other Common Causes of Automobile Accidents 

Reckless Driving
A driver may be liable for an accident due to his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with clear disregard for the probability that such driving may cause an accident. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as: 

• Speeding -- exceeding the posted limit or driving too fast for conditions;
• Improper or excessive lane changing: failing to signal intent, failing to see that movement can be made safely, or
• Improper passing -- failing to signal intent, using an emergency lane to pass, or passing on the shoulder.

Drunk Driving
Every 30 minutes, someone in this country dies in an alcohol-related crash. Last year alone, over one million people were injured in alcohol-related traffic crashes. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver's liability for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability, however. Because attorneys are aware of the many laws governing legal responsibility, an attorney can help you identify who might be held responsible for your injuries, including people or businesses you might not have considered. 

Motorcycle Accident
Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not met by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a traffic accident. The insurance laws in your state may be very different with respect to motorcycles versus automobiles; consequently, it is very important to consult with an attorney regarding the applicable laws in your state. 

The Risks of the Road for Motorcycle Riders 

The risks that motorcycle riders face, and the need to protect their rights of recovery after an accident, become readily apparent through a review of the following statistics: 

• In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and caused the accident.
• Motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.
• Per mile traveled in 1998, motorcyclists were about 16 times more likely than passenger car occupants to die, and about 3 times as likely to be injured, in a motor vehicle crash.

Some of the unique problems faced by motorcycle riders on the road include:
 

• Visual Recognition: Motorcycles make smaller visual targets, which are more likely to be obscured by other vehicles, or by road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-versus-vehicle collisions occur.
• Road Hazards: Hazards that are minor irritations for an automobile can be a major hazard for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.
• Speed "Wobble" Accidents: Especially at higher speeds, the front end of a motorcycle may become unstable and begin to shake or "wobble." This problem may be due to a misalignment of the front and rear tires of the motorcycle. If an accident is caused by such a high-speed wobble, the manufacturer of the motorcycle might be held financially responsible for any resulting injuries, under a product liability theory.
• Riding Skills; Familiarity: A motorcycle requires much more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part by a rider's lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle.

Pedestrian Accident
The National Highway Traffic Safety Association (NHTSA) reports that each year nearly 5,000 pedestrians die in motor vehicle related accidents, and more than 78,000 pedestrians suffer injuries when hit by a car or truck. In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur annually. Poor property maintenance, sidewalk or parking lot defects and/or construction or other debris on walkways cause or contribute to these accidents. 

Whether a vehicle or property defect causes an accident or injury, a pedestrian may recover damages for the injuries suffered if someone else's negligence caused or contributed to the incident. Negligence is the legal term for the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks. In order to establish negligence in a pedestrian accident, the injured person (the "plaintiff") must prove that the person at fault (the "defendant"): 
 

• Owed a legal duty to the plaintiff under the circumstances; and
• Failed to fulfill ("breached") that legal duty through conduct or action (or through a failure to act); and
• Caused an accident or injury involving the plaintiff; and
• Harmed or injured the plaintiff as a result.

The outcome of each case will depend upon a careful analysis of the facts of each accident as they relate to each of these essential elements. When a pedestrian injury occurs, there may be more than one party with legal responsibility for the accident. Depending on the circumstances of the accident, those with potential liability include: 
 

• The driver of a vehicle that strikes a pedestrian;
• The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred;
• The pedestrian himself or herself.

The early involvement of a personal injury attorney with experience helping injured pedestrians is the best way to assess and protect any potential legal claim. 

Premise Liability
The legal theory of "premises liability" holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property. The kinds of incidents that give rise to premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on a amusement park ride. 

The liability of owners and occupiers of property will vary depending on the legal rules and principles in place in the state where the premises liability injury occurred. In some states, the court will focus on the status of the injured visitor in determining the liability of the owner or occupier. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor. (Note: an occupier or possessor of land, such as an apartment tenant, is treated in the same manner as a landowner in many situations.) 

Legal Status of Visitor: Invitee, Licensee, or Trespasser 
In states that focus only on the status of the visitor to the property, there are generally four different labels that may apply: invitee, social guest, licensee, or trespasser. An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner. Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property. 

In many states that look to the legal status of the injured person, the trend is toward distinguishing only between those lawfully on the property (invitees, social guests, licensees) and those on the property illegally (trespassers). 

Slip and Fall Accidents
Slip and fall" is a term used for a personal injury case in which a person slips or trips and falls, and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims, because slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the owner or possessor of the property may be held legally responsible. 

Dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and hurt him or herself inside a building. Other instances of slip and fall incidents can occur when people trip on broken or cracked public sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. 

Proving Fault in Slip and Fall Cases 
There is no precise way to determine when someone else is legally responsible for your injuries if you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury. 

In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition", and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers. 

In order to establish that a property owner or possessor knew of a dangerous condition, it must be shown that: 

• The owner/possessor created the condition;
• The owner/possessor knew the condition existed and negligently failed to correct it; or
• The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.

For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue. For instance, if a can of paint falls to the ground and spills into an aisle in a hardware store and, one day later, the store has not noticed or cleaned up the spill, and someone slips in the paint and is injured, one might argue it was foreseeable that the store's negligence in failing to inspect its aisles and clean up spills would result in someone slipping and injuring himself on a spilled item.

Occasionally, a plaintiff can prove negligence by showing that the property owner violated a relevant statute. For example, building codes often dictate when and where handrails and other similar features must be installed. If you fall on a stairway that lacked appropriate handrails, and the lack of the handrail caused your injuries, you may have a valid claim against the building owner based on his or her building code violation 

Truck Accident
A traffic accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, can be much more catastrophic than an ordinary car accident. A typical fully-loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Because of this size disparity, and due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. While statistics show that truck drivers are generally much more careful on the road than automobile drivers, and thankfully the incidence of fatal crashes involving trucks and other large vehicles has declined in recent years, large truck crashes still accounted for 5,350 fatalities and 133,000 injuries in 2001.

The unique danger posed by commercial truck accidents can be made worse depending on the nature of the freight the truck is carrying. For example, if hazardous or flammable materials are on board, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries.

In the event that you or a loved one is involved in an accident with a commercial truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. This article will provide an overview of such a claim.

Proving Your Case 
As is true in most personal injury cases involving vehicle accidents, the primary legal theory of liability in commercial truck accident cases is "negligence." In a nutshell, a person or business entity (the defendant) is negligent if they failed in their duty to exercise reasonable care under the circumstances, and the plaintiff's injuries resulted from that failure. So, a person injured in a commercial truck accident must show that:
 

• Defendant (driver, trucking company, or other party) owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury, under the circumstances. This element is almost always automatically met, by virtue of the fact that all drivers on the road owe a legal duty of reasonable care to fellow drivers, passengers, and pedestrians;


• Defendant failed to exercise such reasonable care, or in legal terms "breached" the duty of reasonable care;


• Defendant's failure to exercise reasonable care was the cause of injury suffered by plaintiff.

Potential Defendants 
In order to ensure a complete legal recovery for injuries suffered in an accident involving a commercial vehicle, it is important that you and your attorney identify as many potential defendants as possible. In many such cases, the truck driver may not be the only person or business entity legally responsible for the accident. Trucking companies, contractors, employers, and insurance companies may be obligated to compensate you for your injuries.

When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held legally liable for the driver's negligence under a legal theory known as "respondent superior." Under this liability doctrine, among other things your attorney will need to show that the company exercised some degree of control over the driver, and that the accident occurred while the driver was acting in the course of the employment relationship. Establishing the liability of a third-party company can become problematic when a truck driver is an independent contractor of a larger company. In such a situation, the key issue becomes the amount of supervising done by the company. The potential liability of trucking companies, employers, and contractors is a key factor in assessing recovery through insurance coverage, as all these entities will likely carry separate policies that will apply to the accident.

In some rare cases, the manufacturer or shipper of hazardous materials carried by the truck may also be legally responsible for any injuries that were caused or made worse by the type of cargo on board. For example, if a shipper fails to advise a truck driver or trucking company of hazardous material contained in a load of freight, the shipper may be liable for injuries that result if that material catches fire or is released.


Damages 
If you are involved in an accident where a commercial truck driver was at fault, you may be entitled to receive legal compensation for any physical, emotional and financial losses that resulted from the accident. This is a complex area of the law because its is always difficult to place a dollar value on injuries that include death, paralysis, disfigurement, emotional distress, pain and suffering, costs of medical treatment, lost income, and loss of earning capacity.

In assessing and presenting your claim, a skilled attorney will consider all aspects of the harm and loss you have suffered as a result of your accident, to ensure that you receive fair compensation for your injuries.

Special Considerations In Truck Accident Cases 
The operation of large commercial trucks on highways and roads presents certain unique dangers that are not a consideration where ordinary passenger vehicles are concerned:
 

• Jackknifing 
  Large big-rig vehicles such as eighteen-wheelers are prone to jackknifing under certain conditions, especially during sudden braking and turning. The fact that a truck jackknifes is not in itself proof of operator negligence, because many accident situations present difficulties in which there is no practical way to avoid jackknifing without risking some other form of catastrophe. For example, operation of a truck that has jackknifed may be held to be non-negligent where the jackknifing was due to unforeseeable slipperiness of the road, or to an abrupt turn undertaken to avoid a motorist or stalled truck.
• Turning Accidents 
  Commercial vehicles are very long, and can be difficult to turn. It is often necessary for the driver of a commercial vehicle to use two lanes of traffic to make a right turn, in order to avoid running the rear wheels into parked vehicles or over a sidewalk. While also not a clear cut case of negligence, some courts have held that driving a commercial vehicle in this manner (turning from an inside lane or occupying two lanes) is sufficient to establish the truck driver's fault.

Wrongful Death
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will. 

Elements of a Wrongful Death Lawsuit 
In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;
• Caused by another's negligence;
• The survival of family members who are suffering monetary injury as a result of the death, and;
• The appointment of a personal representative for the decedent's estate.

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
 

• Medical malpractice that results in decedent's death;
• Automobile or airplane accident;
• Occupational exposure to hazardous condition
• Death during a supervised activity.