Winter Safe Driving Tips

 

Winter Safe Driving TipsHere in New Hampshire, it keeps snowing…and snowing…and snowing…  While the snow is beautiful – and skiing and snowmobiling are great fun –  it makes for hazardous driving conditions. The Law Office of Manning & Zimmerman, PLLC encourages you to take some time to review these very important “Winter Safe Driving Tips” produced by the New Hampshire Department of Transportation. Safe Driving!

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The Law Office of Manning and Zimmerman PLLC has an enormous knowledge and experience handling New Hampshire personal injury claims. If you have been injured through no fault of your own, call the Law Office of Manning and Zimmerman PLLC at (603) 624-7200 for a free consultation. A well qualified personal injury attorney can provide representation and assistant you require with your personal injury claim.

NH Medical Malpractice Attorneys Discuss Patient Safety

Deadly Mistakes Plague American Health Care

Zoom blur of live surgery in operation theater in hospitalAccording to the NH medical malpractice attorneys at the Law Office of Manning & Zimmerman PLLC, botched surgeries, preventable infections, improper medications and misdiagnosis are far more common occurrences in our nation’s 6,000 hospitals than most people think. The bombshell dropped in 1999 with To Err Is Human, a report from the Institute of Medicine that estimated between 44,000 to 98,000 people die each year as a result of medical errors. Subsequent studies validated the Institute’s report, including a 2010 review by the Office of Inspector General that pegged annual preventable deaths among Medicare patients at 15,000 per month or 180,000 per year. Another 1.5 million people are injured, according to estimates published the same year from the Society of Actuaries. In September the Journal of Patient Safety reported that the death toll is probably much higher, between 210,000 to 440,000 per year. Aside from the staggering level of human suffering, medical mistakes are costing Americans between $735 billion and $980 billion annually, according to an analysis presented in the Journal of Health Care Finance.

NH Medical Malpractice Attorneys Urge Patients to SPEAK UP to Protect Themselves and Their Loved Ones from Medical Errors

So while providers and policymakers debate how to address the “epidemic of patient harm in hospitals” as reported in Patient Safety, what can you do to protect yourself and those you love from health care errors? Plenty, according to the Joint Commission, starting with awareness and a willingness to SPEAK UP:

  • Speak up, ask questions and ask again if you don’t understand. Know what to expect before and after a procedure, and if something changes, ask why.
  • Pay attention and get the right treatments and medications from the right people; don’t assume anything.
  • Educate yourself about your medical history: diagnosis, medical tests and treatment plan.
  • Ask an assertive, informed family member to be there as your advocate and ask tough questions if you can’t.
  • Know what medications you take and why. Bring a list that includes supplements and allergies.
  • Use a hospital that has undergone rigorous on-site evaluation. Visit Medicare’s Hospital Compare, The Joint Commission’s Quality Check and Leapfrog’s Hospital Safety Score.
  • Participate aggressively in your treatment. Ask doctors and nurses to wash their hands before touching you; check ID bracelets before treatments and medication; and label a procedure site with permanent marker.

NH medical malpractice attorneys Doctor in Surgery

For more details, download a copy of the Speak Up brochure. Or visit the Speak Up Web page for more information, brochures, posters and videos.

– See more in our Let America Know newsletter.

Understanding Multiple-Party Truck Accidents with Your Manchester Truck Accident Attorneys

Over the past five years, the number of truck accidents has increased by 20% in the United States. Any accident that involves a commercial truck requires a special investigation by the Manchester truck accident attorneys at the Law Office of Manning and Zimmerman, PLLC to determine the cause. For the most part, many of these accidents can create severe injuries to the parties involved in the accident. More importantly, unlike car accidents, trucking accidents often have multiple parties that may be liable for the damages.Manchester truck accident attorneys Scales of Justice

The Law and Trucking Accidents

There are a host of laws and regulations that affect how trucking accidents can be handled by parties. Trucking accidents involve more than just state laws. These accidents are regulated by federal laws or regulations as well. The liable parties could include the trucking company, the owner of the truck, the manufacturer of the vehicle, or other parties associated with the truck driver. Under the current federal laws, a trucking company may be responsible for damages caused by their truck drivers. Additionally, these parties have insurance companies who assess damages and provide financial liability support.

Within a short time period, what may seem like a clear-cut matter to you can become quite complex. With the complexity of the liability in these accidents, it is important for an individual injured in such an accident to consult with the experienced Manchester truck accident attorneys at the Law Office of Manning and Zimmerman, PLLC who will understand the common reasons for trucking accidents. Consulting the Manchester truck accident attorneys at the Law Office of Manning and Zimmerman, PLLC can help you determine whether there are multiple parties who can be held liable for your injuries.

The Investigation Process

The investigation starts shortly after the accident, when certified truck inspectors evaluate the commercial truck involved in the accident. One of the major factors that should be included in the investigation is the number of hours the driver was on the road. Fatigue and exhaustion often contribute to truck crashes, and unfortunately, truck drivers often violate hours of service regulations in order to meet deadlines.

Trucking companies and their insurance companies will make sure they investigate the causes of the trucking accident. Avoiding liability and paying out compensation will be the basis for their decisions. However, a review of the trucking parties’ past or present compliance failures  by the Manchester truck accident attorneys at the Law Office of Manning and Zimmerman, PLLC can provide additional support for your case.

Get in Touch with Manchester Truck Accident Attorneys Today

Our Manchester truck accident attorneys understand how to fight for injured individuals. If you were injured by a big rig and have questions about your rights, call the Manchester truck accident attorneys at Manning & Zimmerman today at (603) 624-7200.

 

What Is Negligence and How Do I Prove This Claim?

New Hampshire car accident lawyerUnder New Hampshire law, establishing liability and recovering compensation from another driver requires meeting the elements of negligence. In general, negligence law contains four elements: duty, breach, causation and damages. A New Hampshire car accident lawyer at the Law Office of Manning & Zimmerman PLLC can help you understand each of these elements more thoroughly.

Duty

Did the other driver/defendant follow the Rules of the Road? In general, all drivers owe one another the duty to drive cautiously and carefully, taking steps to avoid unnecessary danger or reckless behavior.

Breach

Once a duty of care is established, did the defendant breach this duty? This element is often easily met by pointing to an act (or failure to act) that deviates from the the Rules of the Road. In the context of driving, this could include getting behind the wheel while intoxicated, texting and driving, or running a red light.

Causation

Did the defendant’s breach cause your resulting injury? In many cases, causation is easy to prove. In others, however, causation can be very problematic, such as when there is more than one defendant.

Damages

For most negligence cases, there must be harms or losses associated with the incident. While many plaintiffs experience physical injuries, and/or emotional and mental damages, financial and property damages also meet the definition.

The Defendant Claims That I Caused the Accident.  Can I Still Sue?

Yes, even when liability is contested you have a right to bring a claim.  To a certain extent, however, recovery will depend upon whether you may have caused your own injuries. In some negligence cases, evidence begins to emerge suggesting that the plaintiff, as well as the defendant, may have been engaging in negligent conduct at the time of the crash or other incident, thereby contributing to his/her own injuries. This is known as comparative fault, and it does not necessarily bar you from recovering. Under New Hampshire’s modified comparative fault statute, a plaintiff who has contributed to his/her own injuries may still recover from the defendant, provided that the plaintiff is not more than 51 percent at fault.

Contact a New Hampshire Car Accident Lawyer Today

If you have any questions about New Hampshire personal injury law, or would like to speak about your case with a New Hampshire car accident lawyer at the Law Office of Manning & Zimmerman PLLC, you may contact us at (603) 624-7200.

 

 

New Hampshire personal injury attorneys present information about ridesharing services

Requesting a taxi with a cell phoneIn this month’s Let America Know newsletter brought to you by the New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, we present information about companies that provide ridesharing services.

With one tap of a smartphone app, the ridesharing company Uber is upending the taxi business and changing the way people around the world commute. The meteoric rise of Uber, and other ridesharing services like Lyft and Sidecar, offer convenience and savings for riders while creating new work opportunities for drivers. But concerns about oversight, safety, pricing and worker rights have made 2014 a bumpy ride for Uber. You should know the risks of ridesharing and your rights (or lack thereof) as a passenger.

New Hampshire personal injury attorneys
photo from Uber

While ridesharing certainly has positive attributes, it has proven to be controversial due to its lack of regulation, its failure to provide adequate insurance for drivers or their passengers, and not ensuring that its drivers are properly licensed and trained. Before using a ridesharing service, it is a good idea to research the companies that are operating in your city. Find out what insurance policies the companies have to protect their passengers, and how much liability coverage those policies offer. As always, it is best to be fully informed!

 

Guidelines to Prevent Surveillance Video and Social Media from Damaging Your Case


If you have been injured in an accident, contact your New Hampshire personal injury lawyers to discuss filing a personal injury claim. Your New Hampshire personal injury lawyers will take you through the process, step-by-step. Your injury lawyer will also advise you of some things that you may not have been aware of. Such as protecting yourself from damaging your case through the use of social media or surveillance video. Your New Hampshire personal injury lawyers will give you guidelines to follow that will protect you from damaging your personal injury case.

Surveillance Video: You will need to be aware that the lawyers for the opposing side will likely take video of you without your knowledge. Those lawyers are hoping that they will capture you doing something that contradicts your injuries.

Social Media: With so many social media platforms available, most people likely belong to at least one. You will need to be aware that the lawyers for the opposing side will also be looking through your social media accounts. They will be trying to find evidence that your injury claims have been exaggerated.

How to Protect Yourself:

  • Be aware of your surroundings at all times. Look out for anyone who may be holding a hand-held device that is filming you or taking photos.
  • Do not participate in any activity that could belie your injuries.
  • Be sure to set all of your social media accounts to the highest privacy setting. Ask your family members to do the same. The opposing side may try to access their accounts as well.
  • The opposing side may try to send you a friend request. Do not accept any new friends that you do not know personally. Advise your family of the same.
  • Do not discuss your case on social media. That includes sharing pictures of your injuries, any thoughts you have about the case, or any discussions that you have had with your New Hampshire personal injury lawyers.
  • It is advised at this point to abandon social media for the time being. It is recommended to not post anything during the duration of your personal injury case.
  • Advise your friends and family of these social media guidelines that you must follow. Do not allow them to post any information about you or your case.

Contact New Hampshire Personal Injury Lawyers

Contact your New Hampshire personal injury lawyers for professional advice: Law Office of Manning & Zimmerman PLLC (603) 624-7200 The Law Office of Manning & Zimmerman PLLC is the injury lawyer Manchester NH that will help you fight for what you deserve!

NH Personal Injury Attorneys Discuss Popularity of Uber

Controversy Grows With Popularity of Uber

Driver Opening Door - nh personal injury attorneys
photo from Uber

Uber created a better mousetrap in the world of for-hire transportation. Its technology seamlessly links riders and drivers through a smartphone app that is one-tap easy to use. Becoming an Uber driver is almost as effortless, allowing people from all walks of life to earn money with their personal vehicle. The results have been staggering: Raving fans have propelled Uber from a tiny San Francisco startup in 2009 to a major enterprise today now operating in more than 200 cities and 53 countries. The company will hit $10 billion in revenues in 2015 (it took Facebook 10 years to do the same) and is estimated to be worth more than $40 billion.

But, according to the NH personal injury attorneys at the Law Office of Manning & Zimmerman PLLC, controversy has grown around Uber almost as fast as the company itself:

  • Oversight
    Uber drivers typically don’t meet the same licensing and inspection requirements that apply to traditional taxi and limousine services. Many cities, states and countries have passed (or are considering) new laws restricting ridesharing services, while some have banned them altogether.
  • Safety and Liability
    Uber has denied responsibility for injuries caused by its drivers, including the death of a 6-year-old girl killed at a San Francisco crosswalk. Reports have also surfaced accusing Uber drivers of assault, rape and kidnapping.
  • Surge Pricing
    While Uber fares are normally lower than those for traditional taxi services, Uber reserves the right to implement surge pricing during periods of peak demand. One Uber passenger in Pennsylvania paid $117 for a 4-mile ride on New Year’s Eve, for example.
  • Work Conditions
    There is growing concern among Uber drivers over several company policies, including new fare reductions, a huge increase in the commissions paid to Uber, a “misleading tipping policy” and the company’s rating system.

Are You Protected When You Uber?

Man on Smartphone
photo from Uber

With one tap, riders easily hail nearby drivers with the Uber app.

Uber and other ridesharing companies make it clear that they aren’t in the transportation business but instead are technology services that simply connect riders and drivers. The drivers are independent third parties, therefore the rider accepts ALL risk, as clearly stated in the Uber terms and conditions:

“By using the services, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable,” Uber states, and “that using the services is at your own risk and judgment. Uber shall not have any liability …” The Uber contract also includes a forced arbitration clause, which greatly limits an individual’s right to take the company to court.

“People don’t know what they’re getting into when they get into one of these cars, they don’t know what they’re getting into when they download the app,” said the lawyer representing a 6-year-old girl struck and killed by an Uber driver earlier this year. “They’re giving Uber a free pass – up to death.”

According to the company’s safety page, Uber drivers are required to undergo rigorous background checks. The company also provides insurance for its drivers, although gray areas exist that raise serious concerns about whether or not Uber’s insurance would apply in certain situations. This company graphic shows that Uber provides $1 million in liability insurance and $1 million in uninsured/underinsured coverage per incident once a rider is in the car. When a driver is between trips, however, Uber switches to contingent insurance that pays only if a driver’s personal insurance company refuses coverage, which often happens when it is discovered that a driver is using his or her automobile for commercial activities. When a driver’s Uber app is off, he or she must rely on personal insurance alone.

Like many new and groundbreaking business models, Uber has clearly created great opportunities and challenges that previously didn’t exist. Like any company, however, Uber and its ridesharing competitors must play by the rules and take full responsibility for the safety and welfare of their customers. Time will tell if they live up to those obligations.