Montana Injury Law Blog

There are more large trucks on the road today than ever before, and that means more truck accidents, more serious injuries, and more truck accident fatalities. When large trucks on on the road, they are “on the clock” which usually means running on high schedules with tough deadlines. A truck driver facing a missed deadline faces lost earnings, so he may drive faster which can lead to a serious or fatal truck accident. Even truck accidents that are not fatal usually cause serious and permanent injuries such as broken bones, scars and a variety of back, neck, spinal cord, and brain injuries. Unfortunately, truck accidents often result in wrongful deaths as well.

Big Rig Trucks are among the most dangerous vehicles on the road today. Accidents occur for many reasons, often due to the truck’s physical and design features, its immense size, weight, power, and performance, all of which affect its acceleration, braking and visibility. Some other factors that may lead to accidents are: overloaded truck, oversized truck, poor screening and training of truck drivers, poorly maintained brakes on the truck, reckless driving, unsafe road conditions, truck drivers drinking alcohol or drug use, driving in conditions of low visibility, poorly maintained tires, speeding, wide turns, blind spots, fatigued and sleepy drivers, running off the road, failure to yield the right of way, and malfunctioning safety systems.

As a Montana Injury Lawyer, I represent people who have been injured in collisions with large trucks in Montana. If you would like to speak with an injury attorney about this or any other injury you’ve suffered because of someone else’s negligence, please call me today for a free consultation.

Scott Zeilinski came into Nick’s Short Shop Party Store in Detroit wearing a mask and waiving a knife around, which he reportedly held to the employees’ throats while threatening to kill them. After taking cash and cigarettes, he started to exit the store still making threats. One of the clerks grabbed a gun and shot Zeilinski twice.

Zeilinski, who is currently serving an 8 to 22 year sentence, has filed a suit demanding upwards of $125,000 for his pain, suffering, and emotional distress. This is the sort of person who gives personal injury plaintiffs a bad name. The vast majority of victims who file accident claims are honest people who have been injured by someone else and suffered a loss because of it. My job, as a Montana Injury Lawyer, is to help those people get back what they’ve lost. One of the toughest hurdles in my job is overcoming the public perception that many injury plaintiffs are just like Mr. Zeilinski. Luckily, most of us know someone who has been injured by a careless driver in a car accident, or seriously injured because of someone else’s negligence. And we know that everyone who gets hurt isn’t like Mr. Zeilinski.

You can read the original article about Mr. Zeilinski here.

“Slip and fall” is a generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property and may include falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard (such as a gap or hard to see hole in the ground). The National Center for Injury Prevention and Control estimates that in 2004 more than 8 million people were injured in falls.

If you are on someone else’s property and are injured as a result of a dangerous condition on the property, the landowner or business proprietor may be liable for your injuries. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries. Either way, you should seek the advice of an experienced personal injury lawyer right away. While there is no precise way to determine when someone else is legally responsible for your fall, important factors include how much care everyone involved was taking.

Injuries from slip-and-fall accidents can range in severity. A victim may sustain bruises, broken bones, or scrapes that require minimal medical treatment and heal relatively quickly. Other victims suffer a catastrophic injury such as a brain or spinal cord injury that causes lifelong damage and requires ongoing medical care. In the worst care scenario, the victim dies because of the injuries. If this is the case, and the accident occurred because of the property owner’s negligence, then the death is considered a wrongful death. If you have been the victim of a slip and fall because of someone else’s negligence, you may be able to recover medical bills, wage loss, pain and suffering, potential future medical expenses, and lost earning potential.

If you have further questions, a Montana Injury Lawyer can give you specific information and advice about your particular situation.  Please contact one as soon as possible if you believe you have a “slip and fall” claim.

Billings attorney Solomon Neuhardt has a great reminder that dog bites are personal injury on his blog. Too often, people think that an attack by a neighbor’s dog is part of life in Montana, and forget that their entitled to compensation for the cost of treatment, lost work, or permanent disability caused by the injury. As Solomon aptly points out, “it is depressing to know that of all the dog bite cases across the country, only one out of three have been reported.”

Solomon Neuhardt recommends a few immediate actions if you are attacked by a dog:

• If the dog’s mouth is foaming, it is probably suffering from rabies. See a physician as soon as possible.
• If possible try to know the breed of the dog. It helps the physician assess the extent of injury.
• Don’t quarrel with the dog owner.
• Report the incident to the police.

For Montanans interested in injury law, Solomon’s blog is an excellent source of information and advice on all aspects of injury law.

If you’ve been injured in a dog attack, remember – Dog Bites are Personal Injury. You shouldn’t be forced to suffer financial losses and emotional trauma because someone else can’t control their animal. If you’ve been injured in a dog attack, please contact a lawyer to discuss your options.

Cres Young of Helena died at a Great Falls hospital after her car was struck by another car at the intersection of U.S. Highway 12. Authorities believe Young may have run a stop sign. Three other people were injured in the crash but their names have not been released.

People are injured every day be inattentive or careless driving.  If you have been injured, please contact a Montana Injury Attorney to discuss your legal options.  And remember, most reputable Injury Attorneys will offer a free initial consultation.

Today, Kalispell state Senator Greg Barkus was charged with felony criminal endangerment and two counts of felony negligent vehicular assault for operating a motorboat under the influence of alcohol and causing serious bodily harm to two of his passengers. The charges stem from an August 27th boat crash on the shore of Flathead Lake that injured Barkus, his wife, Congressman Denny Rehberg and two of Rehberg’s staff members. According to the charging documents, a blood test taken one hour and 45 minutes after the accident showed Barkus had a BAC of 0.16, which is twice the legal limit.

Whether Barkus is criminally guilty of these charges is beyond the scope of this blog, and something still to be determined. My topic is injury, and it is beyond dispute that injuries occurred that night. What is important to remember for victims of other accidents is that a criminal conviction is not necessary to bring a suit for personal injury. Of course, a conviction for driving under the influence can help an injury claim in a car accident – but it is not necessary. Whether or not Senator Barkus is convicted of the charges, he could still be civilly liable for the injuries caused by the accident that night.

On a personal note, Dustin Frost, who was seriously injured in the accident, is a personal friend and someone for whom I have tremendous respect. Based on local news coverage, it is my understanding that he currently has no plans to file an injury suit. I respect this decision and hope everyone considers all options, including not filing suit, when in a similar situation.

Barkus' boat on the shore of Flathead Lake

The Flathead Beacon just published an article online where author Bill Schneider describes some of the dangerous driving he’s seen drivers exhibit around bicyclists. As he writes:

The vast majority of motorists courteously and safely share roadways with cyclists, but a very small minority not only aren’t courteous, but for some unexplainable reason fill up with rage whenever they see cyclists on the road ahead. Anybody who regularly rides bicycles on paved roadways knows about this minority. They not only think cyclists have no right to use public roadways, but also show their anger by shouting obscenities and giving out the universal salute and even do all sorts of outright dangerous things like coming up behind cyclists blaring their horns, purposely passing inches from handlebars at high speed, or throwing beer cans and other objects, which become lethal missiles for somebody on a bicycle.

This sort of dangerous driving isn’t just impolite, it’s dangerous. In 2007, there were 43,000 bicyclist injuries in the U.S. (according to the NHTSA). I don’t have any hard facts, but I suspect a lot of those injuries were the result of drivers not being respectful enough of bike riders. A bike accident can be not only a very frightening experience but the injuries involved are usually serious and long-lasting requiring thousands of dollars in medical treatment and significant future medical expenses. Cyclists suffer all sorts of injuries due to driver negligence. It is not uncommon for bike riders to be injured by car doors (“doored”), or hit by cars that do not respect the right-of-way, and often, drivers who were just not paying attention.

If you or someone you know has sustained serious personal injuries in a bicycle accident caused by the reckless or negligent conduct of another person I urge you to contact an accident attorney immediately. Cycling crashes almost always involve severe scrapes, cuts, and bruises, but may also much more serious injuries such as broken bones or even paralysis. The fact that you were riding a bike in traffic in no way means that your right to be compensated for your injury is diminished. Contact a Montana Injury Lawyer today to find out more.

The term “wrongful death” usually refers to a legal claim because of an accidental death caused by someone else’s carelessness or negligence. Some examples are:

• auto, truck, boat, and bicycle deaths caused by negligent, careless, inattentive, speeding, and drunk drivers
• drowning
• pedestrian deaths
• construction accidents and OSHA violations
• defective and dangerous products

This is by no means an exhaustive list, but provided to give you an idea of some cases where a wrongful death occurs. If the death was caused by the negligence of another person, entity, or company, a wrongful death lawsuit may provide a path to justice – and practical help for those left behind.

Lawsuits for wrongful death can be very complex, especially when the actions of multiple parties contributed to a person’s death. It is impossible to “put a number” on the value of a lost life. But giving financial compensation for the loss that the death has caused is the only practical remedy that civil courts have. Calculating recoverable expenses is a complicated and complex process, but some examples of included costs are:

• How much did the victim earn?
• How financially dependent were the survivors on the victim?
• Health
• Life expectancy
• Funeral Costs
• Medical Expenses

A wrongful death lawsuit is meant to compensate the surviving family members, not necessarily punish the responsible party. Punitive damages may be available, but only in certain circumstances. As with all issues related to an injury you or a family member has sustained because of another person’s actions, the best approach is always to talk with an attorney before making any decisions.

Businesses, homeowners, and landlords have a responsibility to maintain their property in a reasonably safe condition for guests. When someone is injured or dies due to dangerous property conditions, the most important issue is what the owner did to protect his guests from harm. The owner of the property may be responsible if you can prove that the owner’s negligence led to the injury or death. If you’ve suffered an injury of this type, and you believe it is the result of someone else’s negligence, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, expenses (such as lost wages and earnings), and for emotional distress or permanent physical disability you may have suffered.

Examples of Defective Property: This list doesn’t cover every possible defect, but gives an idea of some of the more common cases.

• Slip and fall accidents
• Dog bites or mauling
• Unlocked or unsupervised swimming pools – drowning
• Improper and inadequate lighting
• Improper or inadequate security in areas that have a history or crime and assaults
• Sexual assaults
• Assault and battery
• Broken sidewalks, stairs, steps and dangerous stairwells that cause trip and fall accidents
• Missing stair rails or uneven steps
• Unfilled holes
• Falling merchandise in stores
• Fires and explosions
• Wet and slippery floors that cause slip and fall injuries
• Pavement cracks and breaks
• Malfunctioning elevators and escalators
• Failure to warn of a hazardous or dangerous property condition
• Attractive nuisances that injure children
• Exposure to hazardous materials on the property

If you believe you’ve been injured because a property owner failed to properly maintain his premises, you should contact an attorney immediately. Time limits may apply to how long you have to file your claim, so the sooner you do so the better.

A 39-year-old Flathead Valley man was driving a pickup truck and collided into a car traveling in the opposite direction. He was trying to pass another vehicle before the crash occurred. Apparently, the driver of the pickup truck was the subject of several driving complaints filed before the crash which complained he was making unsafe passes on the highway. The crash occurred Sunday on U.S. 93 north of Olney, Montana.