01.10.12
Posted in Personal Injury at 9:06 pm by admin
Black ice and a speeding bus combined to spell disaster in a Montana bus crash Sunday morning near Missoula. Two people were killed in the bus accident. The bus crash also led to an estimated thirty three injuries with a number of the injured in serious or critical condition.
Excessive Speed Leads to Bus Accident
by washingtonpost.com
Montana Highway Patrol Sergeant Scott Huffman told Reuters the bus was traveling too fast for the conditions. Although the bus may have been under the maximum limit for the roadway, it was apparently traveling too fast for the dangerous conditions. Billings personal injury lawyer John Heenan is a former big rig driver. Heenan said,”one thing we learn is the rig we drive must be under our control at all times no matter the road conditions.” Montana law requires all motorists to drive at a safe speed for the conditions.
Accidents like this tragic bus accident in western Montana, point out the hidden hazards these big vehicles pose. There are a number of different reasons for bus accidents. Weather is certainly a big factor, but bus driver negligence or unsafe bus equipment are among the most devastating and preventable.
Liability in Bus Crashes Can be Complicated
Bishop & Heenan Law Firm specializes in helping people. Bus accidents often cause serious injury. Liability in these cases can be very complicated and complex. Bus accidents are certainly not the fault of the people riding on the bus. Bishop & Heenan Law Firm offers free consultation to any injured person. Montana law provides for you to be put back in the condition you were before this deadly bus accident near Missoula or anyplace else in Montana.
Free Book on Your Rights After Any Injury Available
We have a free book that outlines what you can expect from Montana injury law and how a personal injury lawyer is on your side in these cases. The Bishop & Heenan Law Firm is committed to helping people get back on their feet and our free book will help you get started.
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01.07.12
Posted in Montana Consumer Law, Personal Injury at 1:56 pm by admin
We’re pleased to announce that effective January 1, 2012, Heenan Law Firm is now Heenan & Bishop Law Firm. John has been joined by his longtime mentors Randy Bishop and Gene Jarussi. Randy and Gene are both well-known and respected trial lawyers in Montana. Both Randy and Gene are past presidents of the Montana Trial Lawyers Association, and have been nominated by their peers as SuperLawyers. John is honored to have such successful lawyers working with him and looks forward to their help in continuing to grow the firm in order to provide the best legal advocacy to their clients. The office and phone number remain the same.
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09.01.11
Posted in Montana Consumer Law, Uncategorized at 10:21 am by admin
HLF Investigates Potential Consumer Claim that Nivea Skin Cream Can Help People “Slim Down”. If you used Nivea My Silhouette! skin cream in response to television or internet claims it would help you “slim down,” you may be able to pursue monetary compensation. Contact HLF to learn your rights and determine whether you qualify to participate.
The Federal Trade Commission recently reached a settlement requiring the maker of Nivea My Silhouette! skin cream to stop advertising that the cream can significantly reduce a consumer’s body size. The company also has agreed to pay $900,000 as part of the settlement. According to the complaint, Nivea marketed the skin cream in nationwide television ads and through sponsored search results on Google. One television ad depicts a woman getting dressed after having applied Nivea My Silhouette! cream to her stomach and thighs. She digs through the back of her closet, tries on a pair of old jeans, and discovers that they now fit.
The company also allegedly purchased sponsored search results from Google so that when consumers searched on the words “stomach fat,” “nivea slim silhouette,” or “thin waist,” they found Nivea ads implying that Nivea My Silhouette! could tone their stomachs, thin their waists, and help them slim down.
If you used Nivea My Silhouette! skin cream in response to television or internet claims it would help you “slim down,” you may be able to pursue monetary compensation. Contact HLF to learn your rights and determine whether you qualify to participate: info@heenanlawfirm.com
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08.04.11
Posted in Personal Injury, Uncategorized at 7:26 am by admin
As a former truck driver, John knows about the dangers of truck on car collisions. Last night, north of Billings, was a tragic example of what can happen when a car collides with a big truck. Learn more information about truck accidents at www.heenanlawfirm.com
(From Billings Gazette)
Three men died Wednesday night after a fiery three-vehicle wreck on Highway 87 north of Billings. Montana Highway Patrol trooper Gerald Perman said the wreck happened shortly after 8 p.m. when a southbound semitrailer pulling an empty tanker crossed the center line, colliding with a northbound passenger car with Fergus County license plates.
A Jeep Wrangler that was about 45 feet behind the car then collided with the tanker. It wasn’t clear why the semi crossed into the northbound lane, Perman said. The Wrangler caught fire immediately after the collision and nearly exploded, he said.
The two men in the Wrangler, one from Billings and one from South Dakota, both in their early 20s, died at the scene of the crash. The car’s male driver also died at the scene, Perman said. A young woman and an infant who were passengers in the car were taken to Billings hospitals. Details about their injuries weren’t available late Wednesday.
One was taken via St. Vincent Healthcare HELP Flight and one went via American Medical Response ambulance, but it wasn’t immediately clear which patient went on the helicopter and who went by ambulance.
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07.26.11
Posted in Personal Injury, Uncategorized at 9:20 am by admin
Published in NewWest.Net (By Kate Schwab)
The Rocky Mountain states remain among the most dangerous in the nation for workers, according to the AFL-CIO, which tracks job-related deaths.
Montana’s taken the top slot for workplace fatalities in 2010, averaging 10.8 deaths per 100,000 workers. Next up and tied for second are Louisiana and North Dakota at 7.2, followed by Wyoming in fourth at 6.8.
Workplace injuries cost Montana businesses roughly $145 million annually, according to SafeMT, a workplace safety site operated by the Montana State Fund. As the state’s official workers compensation insurance option, SafeMT offers industry-specific hazard data and tips to help companies come up with a plan for their own in-house safety programs.
A calculator on the SafeMT website estimates the state has actually lost $373 million because of on-the-job injuries in the past two and a half years.
What’s not so clear is the cause. Montana is home to a significant number of traditionally risky industries, including logging, mining and agriculture. Nationally, agriculture is considered the most dangerous industry; hazards include uncooperative livestock, all-terrain vehicles, heavy equipment and chemical exposure combined with working in remote and rugged areas. But the state says the data show a problem with worker safety across the board.
Young workers ages 16 to 24 tend to be the ones to get hurt. They’re key players in the retail, food service, construction and ranching industries. Nearly 1,000 Montana workers under 25 are injured on the job every year. And most of them are injured within a month of starting a new job. Inexperience, lack of familiarity with the equipment, inadequate supervision, drowsiness from balancing employment and educational obligations and personal pride are all culprits.
State law requires businesses to provide a new-hire orientation program that covers safety considerations before employees begin work. Companies are supposed to provide refresher courses on a routine basis, as well as assess potential hazards and review safety procedures at least once a year. And employers with more than five employees must not only investigate accidents, but also establish a safety committee that convenes a minimum of three times a year.
Lack of accountability may be one factor affecting not only the region, but also the nation. Since 1970, the federal Occupational Safety and Health Administration has been responsible for establishing and enforcing job site safety and health standards for American workers. (A separate agency, MSHA, governs mining.) Calling the present level of OSHA oversight “woefully inadequate,” the AFL-CIO report noted that only 2,218 OSHA inspectors, including both federal and state employees, are available to keep watch on 8 million businesses nationwide. That equates to one inspector for every 57,984 workers. Most businesses cannot be inspected routinely with that level of manpower; the report claims federal inspectors get around to the average business once every 129 years, and state inspectors average about half that time.
Nationwide, flagrant safety violations by companies themselves rose by 15.3 percent in the past five years, but “serious violations” are tracking at a higher rate—22.1 percent—and incidents chalked up as “willful violations” have skyrocketed to 217.1 percent. Citations are most commonly given for issues related to scaffolding, ladders, machine guards, falls, electrical wiring, tagout procedures, trucks, hazard communication and respiratory safety.
OSHA employees investigated 804 deaths and performed 40,993 inspections last year, according to the agency’s annual report.
If you or a loved one is involved in a workplace injury in Montana, including a mine or oilfield, contact Heenan Law Firm to receive a free copy of John Heenan’s new book “Your Rights: The Ultimate Guide to Injury Victim’s Rights in Montana” www.heenanlawfirm.com
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07.21.11
Posted in Debt Collector Abuse, Montana Consumer Law at 1:50 pm by admin
Your credit score determines the interest rate you pay for a credit card, car loan, private student loan or a home mortgage. A low score could prevent you from getting a loan at all. But for years, this important number has been a mystery to most consumers.
Starting Thursday, that changes.
Consumer Law Change
A provision of the Dodd-Frank financial reform law that takes effect today requires lenders to provide consumers with a free credit score whenever:
•They reject an application for a loan. In that case, lenders will be required to provide consumers with an “adverse action” notice that includes their credit score and explains why they were turned down.
•They approve a loan but at a higher rate than the rate provided to their best customers. As in the first instance, lenders will be required to provide borrowers with a credit score and explain why they’re charging a higher rate.
Lenders must provide the score they used to make a decision about your loan. They’ll also be required to explain the factors that adversely affected your score and the range of possible scores so you’ll know where you stand. Consumers submit about 1 billion credit applications every year and of those, about half will fall under one of those two categories.
Many borrowers who receive the notices will be surprised to learn that they didn’t qualify for a lender’s best rate. That could encourage more consumers to shop around and take steps to improve their scores. The requirement won’t create a burden for lenders because they’ve already bought the scores from FICO or other credit score providers. The requirement won’t help consumers who want to view their scores before they apply for a loan. A federal law enacted in 2003 requires the three main credit bureaus to provide consumers with a free annual copy of their credit reports, but they’re not required to include a score.
If your credit score is negatively impacted by false/erroneous information, go to www.montanaconsumer.com to learn how to dispute the false information and get it taken off your report, as well as your rights under the Fair Credit Reporting Act.
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07.12.11
Posted in Personal Injury at 8:20 pm by admin
VIDEO: John Heenan discusses how landowners should document oil spill damages
The recent Yellowstone River oil spill can harm the environment, economy and communities where the spill occurred. The most common problems landowners face are health problems and damages to their land.
Crude oil is toxic to humans. Recent news reports have shared stories of Laurel residents near the Yellowstone River who had to leave their homes because they were sickened by the fumes. The Associated Press reports that some Montana residents have reported symptoms ranging from shortness of breath to fainting spells linked to exposure to petroleum-based chemicals.
Other long-term dangers from exposure to petroleum can include
- Peripheral neuropathy:damage to the nerves of the peripheral nervous system causing numbness, tingling, and loss of coordination.
- If pregnant women exposed to petroleum-based compounds, the developing fetus is at risk of physical deformities, slowed growth, and developmental delays.
- Cancer: the International Agency for Research on Cancer lists the petroleum compound benzene as a human carcinogen.
- Circulatory and respiratory damage.
Beyond the impact to human health, an oil spill damages property and, potentially, property values. In Montana, landowners are entitled to the costs of cleaning up their property. As anyone living near an environmental disaster can tell you, odors and pollution damage property values as well as property. You do not have to simply accept what Exxon is willing to pay you. At Heenan Law Firm, we are personally reviewing the claims of Montana property owners affected by the Yellowstone River oil spill.
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07.05.11
Posted in Personal Injury, Uncategorized at 3:07 pm by admin
***UPDATE: John Heenan appeared on KTVQ NEWS LAST NIGHT TO DISCUSS LEGAL ISSUES AFFECTING PROPERTY OWNERS AS A RESULT OF THE OIL SPILL. WATCH JOHN’S COMMENTS HERE: John Heenan Discusses Yellowstone River Oil Spill on 10 O\’Clock News
An ExxonMobil oil pipeline just east of the Laurel Bridge ruptured around 11:30 p.m. Friday, dumping oil into the Yellowstone River. Current estimates are over 100,000 gallons of oil was spilled into the Yellowstone River, affecting private property downstream for potentially hundreds of miles.
In a press conference Saturday morning, Yellowstone County and ExxonMobil officials said they don’t know yet what caused the break in the 12-inch pipeline or how much oil escaped into the river. The pipeline runs below the Yellowstone riverbed. Emergency crews shut the pipeline down just before midnight, said Duane Winslow, Yellowstone County director of disaster and emergency services. “We regret the release,” said Pam Malek, a spokeswoman for ExxonMobil.
The long-term affects to property owners downstream of the spill are as yet unknown, and may not be known for some time. If your land has been affected, you should document the pollution by taking photos and videos.
Under Montana law, landowners are generally entitled to full remediation of the polluted land. In other words, the responsible party must pay to restore the land to what it was like before it became polluted.
The Heenan Law Firm regularly represents private land owners who are the victims of property damage, including pollution damage.
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07.01.11
Posted in Personal Injury at 3:56 pm by admin
The Billings Police Department issued their annual report of accidents this week. According to the report, 4,076 accidents were reported to Billings Police in 2010, a 5 percent jump from the previous year. Most troubling was the number of drunk drivers- DUI arrests jumped from 545 to 618, and DUI incidents reported to police dispatchers totaled 1,699. In a town the size of Billings, that is way too many drunk motorists putting the lives of others at risk.
The Billings Gazette reported Billings’ top five high-risk intersections as:
1. Grand Avenue/17th Street West
2. King Avenue/South 24th Street West
3. Lake Elmo Drive/Main Street
4. Central Avenue/24th Street West
5. Airport Road/Main Street
If you are injured through the recklessness of a drunk or impaired motorist, contact the Heenan Law Firm to learn your rights.
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06.23.11
Posted in Debt Collector Abuse, Elder Abuse Law, Montana Consumer Law at 5:09 pm by admin
Being served with a collection lawsuit can be tremendously stressful and even embarrassing. By the time you are sued, you have probably been dealing with debt collection letters and phone calls for months or even years. Dealing with a collection lawsuit, by this point, can be the last thing in the world you want to deal with. No matter how much you wish you ignore, don’t! Here are the five biggest reasons you should never, ever throw that collection lawsuit away:
1. The Clock is Ticking. Under the rules of civil procedure, you generally have 20 days to respond to a lawsuit. Once you are served, the clock is ticking. If you don’t formally respond to the lawsuit, the debt collector will get a default judgment against you. This means you will forfeit and the collector will automatically win the case. Most debt collectors are ready to file the papers to get the judgment against you on the 21st day.
2. A Judgment Gives the Debt Collector Powerful Remedies. Once a judgment is entered, the creditor/debt collector obtains powerful tools to collect. This can include: a lien against your house or other property, the right to “sweep” all of the money out of your bank account, and the right to garnish your paycheck. Debt collectors today use powerful tools to track people’s assets and sources of income. You may think that the debt collector will never find you. Think again! The collector probably sued you because they know who you bank with, where you work, or what property you own. You must make an appearance in the collection case to prevent a debt collector from obtaining the legal right to you’re money from your paycheck or bank account.
3. Once a Judgment is Entered, You Lose Your Ability to Negotiate. Over 95% of collection lawsuits result in default judgments- the debt collector wins simply because the consumer doesn’t respond. If you do respond, then the debt collector needs to actually prove you owe the debt. This means the debt collector’s lawyer needs to work. By defending yourself and raising appropriate defenses to the collection lawsuit, you increase your settlement position with the debt collector.
4. Once a Judgment is Entered, You Lose Your Right to Contest the Debt. Debt collectors sometimes sue the wrong person. They might not really own the debt, and therefore be the wrong party to bring the collection lawsuit. Or, by the time they file the lawsuit, it may be beyond the statute of limitations. These are all defenses that can be raised if a consumer responds to the collection lawsuit in a timely manner. We talk to people all of the time who would have won their collection case had they simply responded before the deadline. Talk to a collection defense lawyer before the deadline expires.
5. Once a Judgment is Entered, You Lose Your Ability to Bring Certain Claims Against the Debt Collector. If you are wrongly sued, or sued on a time-barred (past the statute of limitations debt), you may have strong claims against the debt collector under the Fair Debt Collection Practices Act. For example, we represented a consumer who was sued by a debt collector on a debt that was past the statute of limitations. Not only did we get the collection case dismissed, but we brought a claim on his behalf against the debt collector. A jury awarded him $250,000. Had he not answered the bogus collection lawsuit, he never would have been able to bring his collection harassment case in the first place!
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