Monday, January 28, 2013

Montana Worker Shocked On The Job Limited To Workers' Compensation Benefiits



Question: Can I sue the employer after a 220 electric shock, and is now having Epilepsy seizures?
Question Detail: I was cleaning a fry holder. Unknown to anyone there was a 220 plug in top corner covered by aluminum foil. When I touched it my world has been stopped, can't do the small things I loved (Drawing, working with show dogs, etc.)




Answer:  You should have filed a workers compensation claim within one year in Montana.  Your world didn’t stop if you still are working.  You will have to prove your epilepsy was caused by the shock.  That may be difficult.  Only your neurologist can help you win workers comp medical.  You can’t sue for loss of drawing or working with show dogs.  

Friday, January 18, 2013

Montana Toyota Owners Face Massive Recall


Montana Toyota Recall Cases Attorneys

If you, a friend or a family member have been injured due to a defective Toyota vehicle, please call us today for a free consultation. If you have experienced sudden accelerations, a sticking gas pedal (accelerator), break or steering problems, contact Bulman Law Associates for aggressive representation.

Montana Toyota Accident Attorneys

Toyota indicated floor mats were causing gas pedals (accelerators) to stick. Lexis models have been the subject of earlier recalls. It was also recently noted that the Toyota Prius has had numerous complaints on breaking issues.
Bulman Law Associates have the experience to effectively litigate produce liability cases and want to talk with you. Call Montana Toyota Accident Attorneys today for a free consultation.
The Toyota Recall has covered the following car models:
Toyota Camry 2007-2010
Toyota Rav 4 2009-2010
Toyota Corolla 2009-2010
Toyota Matrix 2009-2010
Toyota Avalon 2005-2010
Toyota Highlander 2010
Toyota Tundra 2007-2010
Toyota Sequoia 2008-2010

Wednesday, January 9, 2013

Missoula County Officials Seek Witnesses To Fatal Arlee Crash


The Missoula County coroner has identified the 21-year-old woman who died in Sunday’s multi-vehicle crash on Evaro Hill as Joscelyn Lea Cook of Plains.
Cook was a passenger in a Ford Ranger pickup truck, which was the second vehicle struck by a Toyota pickup truck driven by a 21-year-old Arlee man.
In total, six people and three pickup trucks were involved in the crash when the Toyota drifted across the center line of U.S. Highway 93 at mile marker 5 and struck a Dodge pickup truck with three passengers in the southbound lane and the Ford Ranger, which carried two passengers, including Cook, said Montana Highway Patrol Trooper Philip Smart.
The driver of the Toyota, who initiated the crash, remains hospitalized. The other victims of the crash have been treated and released from St. Patrick Hospital.
No charges have been filed, as the crash is still under investigation.
Neither alcohol nor road conditions are believed to be factors in the collision.
The Montana Highway Patrol would like to hear from anyone who witnessed the crash or saw the Toyota pickup just before the collision happened.

The investigators need to forensically evaluate the cell phone of the driver of the Toyota truck.  The proof will be there if there was texting in progress.

Wednesday, December 12, 2012

How Can I Manage A False Accusation Made to Montana Child Protective Services?

Question: How can I manage a false accusation through CPS?




I am helping my girlfriend manage her two children, one of whom has some drastic behavioral issues. As a result of restraining her youngest child from harming herself during a fit, she hurt her arm. She went to daycare the following day saying that I hurt her. Now, some 6 days later, I had a CPS investigator stop by our house. According to her, the daycare filed a complaint, and they are following up. I want to ensure that I don't get false accusations held against me, or any further complications, from this incident. What can I do or who can I talk to in order to best handle this situation?


Answer:  Do not talk to any investigator before you talk to a criminal law attorney. Anything you say will be used against you.  This is the most serious situation you may face in your life.  All it would take is for your girlfriend to doubt you and you will be arrested and jailed.  Good luck.

Saturday, December 8, 2012

Car Crash Victims Should Save Their Car's "Black Box" As Evidence


Read the article below which explains the reason a car crash victim might want to salvage  the data recorder, more commonly referred to as a "black box".  As you can see from the photo below, they are not black.  If your car is totaled in the crash and not started again after impact, their may be valuable data in what is scrap metal on its way to recycling.

If you have been seriously injured and the guilty party is trying to blame you for driving too fast or failing to brake, you may want to talk to an attorney about securing and gathering the evidence for future use in court.

Thomas Bulman
Health and Safety Lawyer

www.bulmanlaw.com.



Federal auto safety officials today proposed a new rule requiring black boxes -- data recorders that capture the moments before and after a crash -- in all new U.S. cars and trucks. Such recorders already come standard in most new vehicles, but the auto industry opposes a mandate, and the rule will do little to solve a simmering legal battle over who can see what the black boxes know.

The National Highway Traffic Safety Administration says it will require all new U.S. vehicles to have black boxes by Sept. 1, 2014, noting that 96 percent of 2013 models already come with them standard. The new proposal does not change the 15 types of data black boxes should record when it senses a crash.

"By understanding how drivers respond in a crash and whether key safety systems operate properly, NHTSA and automakers can make our vehicles and our roadways even safer," said U.S. Transportation Secretary Ray LaHood. "This proposal will give us the critical insight and information we need to save more lives."

In use since the 1970s, event data recorders were originally installed as part of air bag systems, recording data such as acceleration, speed, braking and bag deployment in the few seconds before and after a wreck. While the data include whether the driver is wearing a seat belt, it doesn't record any other facts about the driver or the car's location, and can only keep a maximum of five seconds of information.

Safety advocates have long contended black boxes could be used to improve crashworthiness or show why accidents took place; such boxes did help Toyota convince federal regulators two years ago that most sudden acceleration complaints not tied to defects involved drivers mistaking the gas and brake pedals.

But the boxes -- typically installed out of sight -- remain a mystery to most car owners and a privacy concern to many. States have set a panoply of laws governing who can access the data stored in a black box; some allow law enforcement agencies to do so at an accident scene without a warrant, while others require some court oversight, but 37 states have no rules. The boxes themselves can't be turned off or disabled, and most require special software to access and read. In the Toyota cases, many probes were hampered because the black box data could only be read by Toyota engineers.

In a few high-profile crashes, black box data has been used to contradict the driver's explanation for a crash. When Massachusetts Lt. Gov. Timothy Murray wrecked his state-owned Ford Crown Victoria a year ago, he initially said he had been driving near the speed limit; the black box data revealed he was driving 100 mph without his seat belt on, likely because he fell asleep behind the wheel. Data from an SUV that crashed while carrying New Jersey Gov. Jon Corzine in 2007 showed it was doing 91 mph at the time of the wreck -- and that Corzine wasn't wearing a seat belt.

Several courts have allowed black box data as evidence in cases involving car crashes, but experts warn that the boxes are far from foolproof. Electrical surges have been known to erase or scramble the 15 data points modern boxes are required to collect, and the sensors can report faulty information. While federal law generally says the data belongs to car's owner, many insurance contracts allow insurance companies to gather the data after the crash. While automakers have asked NHTSA to clarify privacy concerns in any new rule, it will likely fall to Congress to decide who gets to talk to the spy in your dashboard.



Thursday, December 6, 2012

Store Is Responsible For Making The Store Safe

Question: Who would I contact to file suit against the grocery store?   I was mugged outside the front door of our local grocery store on Sun. evening; I feel the store is careless and should be responsible. Who would I contact to file suit against the grocery store?


If it is a national chain store, contact the corporate headquarters.  If it is a locally owned store, send a registered letter to the store asking for the name of their insurance company.  

Store security is the responsibility of the owners.  They cannot guarantee 100% safety, but if there is poor lighting or criminals and transients are allowed to loiter or lurk about, then the store may be liable for attacks that could have been prevented by extra lighting or security cameras, or a security guard.