AFTER SEMI CRASH – DRIVER AND HIS LOGBOOKS DISAPPEAR

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Many years ago, a young woman left work in Bentonville and was driving north to her home in Pineville, Missouri.  At the same time, a young man from New Zealand was south bound behind the wheel of an eighteen-wheeler headed back to central Arkansas.  Traffic suddenly slowed in the south bound lane and the young truck driver hit his breaks. Failing to stop, he pulled the massive truck to the left instead of the right and crossed the center line.

The semi slammed head-on into my client’s car.  She miraculously survived but was seriously injured.

What I learned was that the driver’s employer, an Arkansas trucking company, was hiring very young men through an agency that recruited them from New Zealand to spend a year or two in America driving these massive trucks.  And, not so coincidentally, one week after the wreck, the truck driver left the company’s employment and returned to New Zealand.  Despite my pre-suit demand that the trucking company maintain the truck driver’s hours of service logs, and initially telling me in discovery that the logs existed, the company later could not, or would not, produce them and swore under oath that they were lost or destroyed.

Several months later, my client’s husband found a small notebook in a box of items that had been picked up at the crash scene and placed into the trunk of his wife’s demolished  car.  It was obvious that the notebook was the young truck driver’s journal in which he made rather intimate notes of this thoughts and activities. Fortunately, he had also recorded the time of his diary entries as well as his location. I provided the information to my trucking expert and it became clear that the driver could not be in the locations on the date and times he had recorded without running well over the hours of service he was allowed to be on the road.

I also immediately contacted my opposing counsel and provided them with a copy of the journal. I remember getting a call from the lead attorney for the defendant trucking company and his telling me, “that journal will never see the light of day.”  He knew of course that it’s contents contained objectionable hearsay, and that in order for me to offer it into evidence, it had to first be authenticated under oath.  He also knew that the only person who could do that was the truck driver on the other side of the world.

Not to be deterred, I began to research how I might depose the driver. I found an article by a New York lawyer who had taken a deposition in New Zealand in a civil case and contacted the attorney.  He explained to me that because there was no formal treaty between our two countries, I would have to petition the U.S. District Court in which my case was pending for a Letter of Request to the High Court of Auckland, New Zealand, for the issuance of a subpoena requiring the driver to attend a deposition. I also learned that, if both courts agreed, the deposition would have to take place in the High Court of Auckland.

To make a long blog post shorter, both courts agreed, and I’ll never forget the lead counsel for the defendant trucking company as he walked into the lobby of the Stamford Hotel in Auckland, shake his head (and my hand) and say, “I do admire your bull-doggedness.”

The High Court of Auckland, New Zealand. 

-bruce

 Bruce L. Mulkey is a member of the Academy of Truck Accident Attorneys. Please click HERE to learn more about Bruce.

FIND THE TOP INJURY LAWYERS IN ARKANSAS – by looking to the ratings and reviews.

If it’s lonely at the top …then maybe you’re not there!

When it comes to finding the right attorney to go to battle for you or your family, you need to remember that anyone can buy billboard advertising, make a slick website or create a slogan. Did you know that there are law firms in Arkansas that employee full-time public relations directors whose only job is to make sure the law firm is getting attention from any source available?  They are literally paid to draw attention to the law firm and to make it appear strong, important, involved in the community and successful.

This is the sad reality of the practice of law these days. Law firms are promoting themselves on billboards, radio and television, touting themselves and begging for business with silly slogans or really dumb questions like “INJURED?” (As if someone driving down the interstate is going to see that question and think, “Wait …I am injured …I better call that lawyer!”)

So how do you find the best lawyer for the job and ensure that you or your family is not being sucked in by some public relations promotion or being influenced by lawyer advertising? One of the best ways is to carefully research the lawyer or firm by looking to trusted online resources where you can learn what an attorney’s peers think of his or her work or, more importantly, learn of what a lawyer’s former clients have to say about their experience.

Martindale-Hubbel’s Lawyer Ratings is one excellent resource. It is a peer review rating system, so what you are seeing is what other attorneys, who practice in the same geographic area as an attorney, think of his or her work and ethical standards.

      

If a lawyer has an “AV Preeminent” rating with Martindale-Hubbel, then that lawyer’s peers have given him or her the highest rating available. This not a law firm touting itself as “good” but other lawyers in your community rating that lawyer as one of the best.

Another excellent resource is Avvo’s online rating service. Avvo hosts the most comprehensive rating service of attorneys on the internet.  What sets it apart, is the fact that you can see not only what other lawyers say in endorsements but, more importantly, what former clients have to say about their own experience with the lawyer or law firm.

Fortunately, with such resources available online, you really do not have to rely on billboards and slogans to find the best lawyer to help you.  The bottom line is that you should do some research and ultimately trust yourself and your instincts …and look beyond advertisements.

-bruce

Call me anytime and I will be glad to discuss your case with no obligation.

Here’s my cell: (479) 936-4384

Please click HERE to learn more about our firm.

 

 

REALLY GOOD LAWYERS IN ARKANSAS – don’t tolerate even “small” lies.

This will probably come as a surprise to no one, but there are lawyers that are untruthful. They will skirt the rules of ethics when dealing with opposing counsel and lie to their co-workers, employees, partners, and even clients, for financial gain and/or to feed their egos. I believe this is a conditioned behavior. Such lawyers simply do not recognize that integrity is like a boat, and with each act of dishonesty a small hole is punched into the hull.  At first the boat sails on, as it is watertight for the most part, but over time no amount of bailing will keep it afloat.  Such lawyers are destined to eventually fail in one aspect or another of their lives.  A good friend of mine recently sent me this article …which is right on point:

An attorney’s integrity and reputation for honest dealings is far more important than money. Self-serving lying lawyers gradually burn bridges with those around them until there is no where to go ….because there is no bridge left. They end up on an island with those who still pretend to respect them – convinced that they are still respected …because they cannot even be honest with themselves.

-bruce

Mulkey Law Firm takes great pride in the lawyering we do inside and outside the courtroom. You can talk to Bruce about your case any time with no obligation. Just call his cell: (479) 936-4384.  Click HERE to learn more and see his client ratings.

 

 

 

THE BEST WRONGFUL DEATH LAWYERS IN ARKANSAS – understand that all lives have value.

The nursing home industry in Arkansas recently attempted to put an issue on the ballot which, if passed, would have changed the Arkansas Constitution and allowed the legislature to set the value of non-economic damages in medical cases at no less than $250,000.00. (Fortunately, our Supreme Court found the initiative, particularly the phrase “non-economic damages” inadequately defined and struck it from the ballot.) Had this actually become law, and had our legislature actually set “non-economic damages” at $250,000.00, then whether it knew it or not, it would have been limiting a jury’s right to set the value of life itself at no more than $250,000.00.

Right now in Arkansas, if someone in your family is taken out of this world through negligent, careless or intentional conduct of another, a jury is given the power to compensate certain family members for grief and loss of financial support, but also, the estate of the decedent is entitled to recover certain things. One of these elements of “damages” is “loss of life.”

Our Supreme Court has explained in case law that a jury must use the evidence presented at trial to determine the value your deceased loved one would have placed on his or her own life. (Think about that for a moment. If you were killed as a result of “wrongful” conduct tomorrow, a jury might be asked to determine the value you placed on your life.)

The best trial lawyers in Arkansas understand that building a wrongful death case for trial, entails learning everything there is to know about the life that was lost — from every available resource. The best case preparation involves spending a great deal of time with family members and close friends of the decedent; going to his or her church; visiting his school or place of work; studying family videos and photographs, and really listening to every story that can be told about the person whose life will be the focus of the trial. (Sort of brings to mind what Atticus Finch told his young daughter in Harper Lee’s amazing book, To Kill a Mockingbird.)

“First of all,” he said, “if you can learn a simple trick, Scout, you’ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view […] until you climb into his skin and walk around in it.”

It is only after such intense, serious and focused personal study, that a good trial lawyer begins to truly understand what evidence best illustrates the value that your love one placed on his or her life.  With this knowledge, a trial strategy can be developed that presents real and substantial evidence so that a jury can be provided genuine facts to look to in making such an important determination.

Fortunately, in Arkansas, juries will retain the power that our Founding Fathers intended and the nursing home industry will not use our constitution (and then its powerful lobby) to convince the legislature to set a very low arbitrary limit on the value of life …at least for now. (Probably a very good thing for everyone who is now, or ever will be, in a nursing home.) It’s also a good thing for every family who has lost a child …born or unborn.

-bruce

Mulkey Law Firm has proudly represented families who have lost loved ones for over twenty-five years. We respect life and believe that all lives have tremendous value. Please click HERE to read our latest client ratings and reviews.

 

 

TOP ACCIDENT ATTORNEYS IN BENTON COUNTY ARKANSAS – Are those who dig deep!

For twenty-five years I have been working for families that have been harmed in some way by the carelessness or negligence of another. Despite what television may depict, attorneys do not do all of their fighting in court. In fact, most of the battles take place well before a case ends up in court and, frankly, the better the lawyer, the less likely it is that there will ever be a court battle.

When it comes to car and truck accidents, the best lawyer a family can hire is one who recognizes that hard work on the front end of a case can pay off in spades for his or her clients; both in terms of saving them time in reaching a fair resolution and, more importantly, genuinely balancing the books in terms of receiving fair compensation for their clients’ harms and losses.

In most cases where liability is clear and the harm is not seriously questioned, the lawyer’s job is to stay engaged with all concerned and shepherd the client through the process; run interference between the client and the big insurance company, collect the medical and billing records, collect lost wage or income information, prepare a demand brochure and, hopefully, settle the case.  However, when the negligent party’s insurance company denies liability or refuses to recognize that your client was genuinely harmed, the lawyers job suddenly becomes difficult.

In my mind, this is really where the rubber meets the road in terms of lawyering.  What does the attorney do when the insurance company tells him to “go away?”  Some lawyers, for whatever reason, hang it up and hand the case back to the client. (Every injury lawyer knows this happens because we have all been called by someone who had a case handed back to them.) Others file suit no matter how bad the facts are; convincing themselves that the insurance company will fold at some point. (Don Quixote!!)

In my opinion, the top personal injury attorneys are those who go to work and dig deeper when the insurance company denies liability. There can be game changing evidence beyond what is found in the police report, but it won’t find itself.

For example, I was recently hired to represent two young women who were traveling through Arkansas when a dark colored car driven by an older woman veered into their lane and forced them off the interstate. Their car spun through the wet median and slammed into the retention cable on the opposite side. The cable then threw their car back into the center of the median like a giant slingshot.

According to the accident report, an elderly woman was pulled over by a State Trooper further down the interstate and identified (at least in the report) as the driver of the vehicle which had run my clients off the road. However, after the insurance company completed its investigation, I received a letter advising me that it would not be accepting responsibility.

I telephoned the adjuster and learned that, based upon his interviews of the State Troopers involved, there was simply no evidence that the woman identified in the report had been driving the vehicle that forced my clients’ car off the road.  She was just randomly pulled over several miles down the interstate because she was driving a black car. There was no evidence linking her to the wreck. End of story. Go away.

I contacted the trooper who investigated the accident, as well as the second trooper who pulled the woman over down the road, and confirmed that neither really knew the reason that particular woman had been pulled over or just how it was that her information had made it into the police report. To me something was missing. There had to be an explanation.

To try and get to the bottom of it, I sent Freedom of Information Act requests to the Arkansas State Police for all audio and video from the car and/or body camera for the trooper who pulled the woman over. When a disk finally arrived, I was able to watch the State Trooper pulling over a lady in a dark car, and I could see and hear him speaking to the woman and explaining to her that she had apparently run a car off the road. She was seemingly ignorant of this and he sent her on her way. It still made no sense. Why had he pulled HER over?

The answer came when I dug a little deeper. Again using the Freedom of Information Act, I ordered the 911 calls for the accident. When the disk arrived, I put it into my computer and started listening to one 911 call after another. Caller after caller alerted the State Police to a white car crashing in the median and, time and again, the callers were advised that the dispatcher was aware of the accident and thanked. After listening to ten or eleven such calls, I was beginning to think I had struck out, when a caller suddenly said something different.

A gentleman told dispatch that he had just witnessed a dark car run a white car off the interstate. He provided the cars license tag number and said that the vehicle was then directly behind his and that he had maintained sight of the vehicle since the accident and finally, thankfully, he provided his name and telephone number.

I pulled up the video of the State Trooper pulling over the older woman and the license tag number matched. I called the witness, who lives in another state, and learned even more regarding the erratic driving of the woman who forced my clients off of the interstate.

Needless to say, once I provided copies of the disks I had obtained from the State Police to the adjuster who had basically told me to “go away,” his company decided to accept responsibility for the accident. There was no more mystery as to why the police pulled over the elderly woman. Hard work pays off!

Most good lawyering occurs outside of the courtroom. Digging for facts takes time and can be hard work but it can make all the difference in the world to individuals or families who place trust in an attorney to build a case. When hiring an attorney, make sure he or she is not afraid to work hard, dig and get a little dirty!

Mulkey Law Firm takes great pride in the lawyering we do inside and outside the courtroom. You can talk to Bruce about your case any time with no obligation. Just call his cell: (479) 936-4384.  Click HERE to learn more.

 

 

 

 

THE TOP PERSONAL INJURY LAWYER IN ARKANSAS – as selected by Timothy J. Ryan and Associates

Wow! I am so humbled and honored to have been singled out and recognized as the top personal injury attorney in Arkansas by Timothy J. Ryan and Associates. Here is what that firm announced regarding this:

Outstanding personal injury lawyers can be found in every state. Asking friends for a referral to a personal injury lawyer is the traditional way to find one, but your research should not stop there. The internet offers new tools to help you learn about personal injury attorneys who are licensed to practice in your state.

Reading the reviews that clients have given to the lawyers who represented them can help you decide which attorney is right for you. The Avvo website rates lawyers on a scale of one to ten. The rating is based on their accomplishments, experience, and recognition in the legal community. Avvo also allows clients to post reviews of their attorneys and gives attorneys an opportunity to endorse other lawyers.

 Arkansas

Bruce Mulkey handles medical malpractice cases as well as personal injuries and deaths caused by all other forms of negligence, including trucking and motorcycle accidents. Clients who posted reviews to Avvo admire the integrity of this Arkansas native. They also appreciate his willingness to return telephone calls promptly and to keep them informed of the progress of their cases.

Mulkey studied law at the University of Arkansas, graduating in 1990. The National Trial Lawyers organization named him one of the Top 100 Trial Lawyers while an Arkansas newspaper placed him in the Best of the Best attorneys in Northwest Arkansas. Mulkey belongs to the Arkansas Trial Lawyer Association and the American Association for Justice.

Mulkey’s practice is based in Rogers (479-936-4384). His Avvo rating is 10.0.

The lawyers featured in this article — one from each state — were selected because they have a “superb” rating on Avvo and because they devote their practices primarily or exclusively to the representation of personal injury victims. Most importantly, they were chosen because their clients have given them stellar reviews. This article is not an endorsement by Timothy J. Ryan & Associates or by Timothy J. Ryan himself.

Mulkey Law Firm is not affiliated with, nor do we even know,  Timothy J. Ryan & Associates or Timothy J. Ryan, but we are honored to have made the list!

FIND A TOP-RATED INJURY LAWYER IN ARKANSAS – that will actually talk to you!

When Elaine and I are unable to be at our office, for whatever reason, we transfer incoming calls directly to my cell. We do this because we know that in the immediate aftermath of an accident, no matter how minor or serious, people often need answers and/or guidance …not tomorrow but right now.

Despite my publicizing this fact and making my cell phone available on our website, callers always seem surprised when I actually answer my phone. I suppose that is because in our culture we often equate professional success with how many layers of insulation (secretaries, clerks, assistants, receptionists, paralegals…etc.) the “professionals” put between themselves and the clients. Try to call your doctor lately?

I really think that the attitude is more often in the minds of the “professionals” than the public. I’ve seen young lawyers who coattail into early success build practices in which they  rarely are available to actually talk to their clients, relegating that “unpleasant” aspect of their job to underlings and staff.

This same attitude on the part of some lawyers, results in accident victims, or their families, hiring a “big name” firm after meeting with one of the “big name” partners (who stops by and makes a brief appearance at the initial consultation) only to have their case handed to a young and inexperienced attorney.  Unfortunately, once that contract is signed with the “big name” firm… the accident victim can end up with a “no-name” lawyer.

When your family has suffered and injury or loss as a result of another’s carelessness or intentional conduct, you need to find and speak with a top rated attorney right away. I’m not suggesting hiring an attorney over the phone, but, if nothing else, get some guidance before dealing with insurance adjusters.  And, when you first meet with a lawyer, if you are not 100% comfortable with what you are hearing, seeing and feeling about the lawyer, do not sign a contract in the first meeting. Give it some thought.  Ask what attorney will be handling your case?  If the answer is, “we take a team approach,” ask for the “big name” lawyer’s cell phone number and tell him or her you’ll think about it.

For twenty-five years we have taken great pride in being available and responsive to our clients. We consider that as important as any other aspect of what we do. Don’t believe me?

MY CELL NUMBER IS: 479-936-4384

Please click HERE to see all of my Avvo client reviews.

We proudly represent families all over Arkansas in serious injury and death cases. If you or a family member is involved in a car accident in any of the following locations, we are nearby and ready to help: I-49, Benton County, Washington County, Madison County, Carroll County, Sebastian County, Bella Vista, Bentonville, Rogers, Lowell, Springdale, Fayetteville, Van Buren, Fort Smith, Huntsville, Siloam Springs, Harrison, Green Forest, Eureka Springs, West Fork, Garfield, Centerton, Gravette, Decatur, Mena, Elm Springs, Cave Springs, Alma …and everywhere in between.

 

 

 

CYCLIST HITS AND KILLS PEDESTRIAN ON NWA TRAIL – Hopefully We’ll Never See This Headline!

One does not have to Google deep to read of tragedies on mixed use trails where cyclist have hit pedestrians, killing or seriously injuring the pedestrian, or themselves …or both. Please take a look at: http://nypost.com/2014/09/18/cyclist-slams-into-pedestrian-in-central-park/

As our local Regional Greenway trail system becomes more popular, unfortunately it is not a question of IF this will occur, but WHEN.

As avid runners, we are amazed at how many cyclist pass us and other runners and walkers on the trail without any warning whatsoever.  We have taken to shouting “thank you” to any cyclist who announces his or her intention to pass; both to show our gratitude and educate others as to this safety etiquette.

Bicycles have no engine and are silent, while runners and walkers are usually not equipped with rear-view mirrors. The fact is that passing without announcing is simply dangerous for both pedestrian and rider.

In an article I read recently, a “Bicycle Ambassador” from a large metropolitan area cycling association is quoted as saying,

Pedestrians are unpredictable and vulnerable, which is a bad combination (and doesn’t even get into things like pets and children and the mobility-impaired), and bicyclists should be prepared to slow down to whatever speed is necessary to ensure that they can react safely to whatever a pedestrian does.

It has long been the accepted practice on ski slopes to warn down hill skiers when passing by announcing “on your left” (or “on your right” ) and it makes imminent sense from the standpoint of the safety of BOTH skiers. It makes no less sense for an approaching cyclist on a trail to announce his or her intention. It could save both pedestrian and cyclist from serious injury or death.

Moreover, the warning is of no use if it is given too late. Occasionally, I hear “on your left” as the bike appears in my peripheral vision. The problem with this is that often startled runners and walkers turn toward sound, which can be disastrous if the pedestrian takes a step in the wrong direction while doing so. There are also elderly people walking (and sometimes running) on the trail that do not have the fastest reaction time. And finally, there are hearing impaired runners (like yours truly) that have both a difficult time hearing and, an even more difficult time, telling the direction of sound. For that reason, the safest practice is for the cyclist to slow down and somehow announce his or her presence well in advance of passing to allow for whatever pedestrian reaction is encountered.

Be it by bell or a shout, we urge all cyclist to warn pedestrians of their intention to pass …every time. Be safe everyone!

-bruce

 

ARKANSAS TRUCK DRIVERS PUT A LOT ON THE LINE!

Unfortunately, truck drivers are the most likely drivers on the road to be involved in an accident where an experienced trucking accident lawyer can make the difference between getting the short end of the stick and a full cup of justice. Moreover, and sadly, it is the family of a truck driver that is the most likely to seek such an attorney to file a wrongful death lawsuit against those responsible for their loved one’s death in an accident involving a semi-truck.

That is because, statistically, driving a truck for a living remains one of the most dangerous jobs in the United States. According to the Bureau of Labor Statistics, fatal transportation incidents accounted for about 2 out of every 5 fatal work injuries in 2013.

Of the 1,740 transportation-related fatal injuries in 2013, nearly 3 out of every 5 (991 cases) were roadway incidents involving motorized land vehicles.

The Mulkey Law Firm respects safe truck drivers.  We also represent such truck drivers, or their families, when THEY are the victims in a serious trucking accident.  Bruce L. Mulkey is a member of the Association of Plaintiff Interstate Trucking Lawyers of America. Call us for a 100% free, no-obligation, evaluation of your personal injury or wrongful death claim. Available seven days a week …even evenings and weekends. 479-936-4384

WHEN INSURANCE COMPANIES DEFEND THE INDEFENSIBLE – An Expert Witness Struggles to Help a Fellow Doctor

My client’s husband suffered immense pain for four days lying in a local hospital with a very swollen abdomen. Ordinarily a slender healthy man that walked three miles a day, later testimony of a friend that visited him on day four described him as looking nine months pregnant.

A radiologist reading a CT scan of his abdomen done upon his admission had measured his cecum (where the small intestine connects to the colon) at seventeen centimeters.  One of the slides in that CT scan revealed a  sign (said to resemble a bird’s beak) which was a classic indication that my client’s husband’s colon had twisted on itself (a sigmoid volvulus).

On day five in the hospital, my client’s husband’s internal organs shut down as his colon had been starved of its blood supply until it had died. He underwent emergency surgery, but it was too late. While he did survive the surgery, he spent his remaining days in a rehab facility, in what can only be described as horrific condition, never fully recovering. He went on to incur $1,800,000.00 in medical bills before he died six months later.

I was proud to file an Arkansas medical malpractice action on behalf of his wonderful wife and family. The primary defendants in the lawsuit were the radiologist, who we contended misread the initial CT,  and the internal medicine doctor, who we contended allowed his deterioration instead of involving a surgeon.  Although we provided detailed affidavits of numerous very good physicians, who found the radiologist and the attending physician to have acted beneath the standard of care resulting in this tragedy, we were fought every step of the way. Even after the defense attorneys deposed our experts, the insurance companies on the other side kept dumping money into defending the suit instead of accepting responsibility.

I tell this story as a preface to showing the following video clips. When defense attorneys are forced to hire expert witnesses to defend the indefensible, the results are often rather sad. (btw: The radiologist we sued testified that he considered the massive 17 cm cecum to be a “chronic” condition, although he never reported this, and thus, he did not call the ordering physician and alert him of the danger.) I asked his expert about this:

So how can you say he acted within the standard of care?

Mulkey Law Firm stands ready to help individuals and families whose lives are forever changed due to medical negligence. We look forward to showing big wealthy insurance companies the light!.