Trucking Company Negligent Acts which Lead to Truck Accidents

Apr 20

About two million registered semi-trucks or 18-wheelers operate on roads and highways, delivering goods and cargo from one city or state to another to make the economy alive and growing. But though the contribution of these huge vehicles to the nation’s economy is definitely substantial, it cannot be denied that these also remain to be sources of threats where road traffic safety is the concern.

Both the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) continue to enact and strictly implement laws that would significantly reduce the yearly number of road crashes involving semi-trailers, as well as keep injuries, in the event of accidents, minor. However, despite the laws and the enforcement of these laws, the FMCSA reports that truck accidents continue to injure close to or more than 100,000 individuals and kill about 4,000 others every year. In fact, in 2013, fatal truck accidents claimed 3,964 lives and injured 95,000 other motorists and pedestrians.

Some of the laws created and enforced by the NHTSA and FMCSA are on driver skills and qualification in operating a semi-truck, minimum federal standards on brakes and tires, the maximum nunber of driving hours and required number of rest hours before the next shift, impairment due to alcohol, illegal drugs or over-the-counter/prescription drugs, use of cell phone while behind the wheel, and the removal of bad drivers from the road (this last mandate is actually contained in the Commercial Motor Vehicle Safety Act, which was passed in 1986).

In 2015, the number of qualified semi-truck drivers was 48,000 – a big concern for many oprerators, actually, who often found themselves in need of more drivers in order to complete job demands and requests. This continuous thinning in the number of qualified (skilled and licensed) truck drivers is actually due to these drivers moving to another field of work for a number of understandable reasons, like: the demands of the job which, very often, required long periods away from family; driving for very long hours alone and then spending sleep and rest periods inside the truck’s sleeper berth; and, the job’s very small pay (many truck drivers remain to be paid “by the mile”, which means that the more miles they cover, the bigger pay they have; however, this “by the mile” pay does not include distance covered when they get lost or when they make a detour for a quick pass at home). Besides, a local job would enable them to earn the same amount of pay with very little stress and not separated from their families.

In order to stay in business and keep the business profitable, some operators or employers resort to unacceptable and, often, illegal, means, like hiring unqualified drivers, failing to properly train drivers, requiring drivers to drive longer than the legally allowed hours of service, allowing drivers to continue driving despite past or very recent traffic violations, failing to properly screen applicants for driving violations records, failing to conduct regular truck checks and maintenance, and not immediately replacing worn out truck parts, especially tires and brakes. Some employers and trucking firms, in order to evade charges and liability towards victims of accidents, also simply re-register under a different name and management.

Though drivers are the ones directly operating trucks, their performance will always be affected by their superiors and the trucking firm where they are employed. Thus, any irresponsible or negligent act by employers can also result to tragic accidents just like errors committed by drivers themselves. In its website, the Sampson Law Firm points out the civil liability of anyone whose actions or failure to act correctly causes injury to innocent victims.

Read More

Accidents Involving Innocent Pedestrians

Nov 20

Both drivers and people have to follow the traffic regulations and guarantee safe travel when sharing the trail. While most people are required to follow regulations, there are some critical variations to make between their responsibilities that are different. Individuals are guarded against damage seat belts with a sturdy steel framework, and airbags in the event of the collision, while a walking does not have any such security, particularly on vacations like Halloween. Automotive cars are a hazard to people because they are not large, extremely light, and vacation at high rates. Any accident probably will result to get a walking in critical, probably lethal accidents. Because of the risks that pedestrians experience in possible crashes, individuals are often necessary to give the correct of means to people in order to decrease the danger of painful accidents and fatalities.

Common Causes of Pedestrian Accidents

Many such incidents would be a driver’s negligent behavior, where they fail to detect a walking or are otherwise operating recklessly’s results. Unfortunately, even if a vehicle unexpectedly strikes an innocent walking, they are far more probable compared to the irresponsible driver to endure long and significant lasting consequences. According to the website of Habush Habush and Rottier, the following are several popular causes as to why pedestrian incidents occur:

  • Driver speeds, lowering their control of the car and reaction time
  • Distracted driving
  • Driving-while underneath the influence of alcohol or drugs
  • Failing to provide a walking the right of method

Victims of pedestrian accidents have a high probability of battling devastating physical injuries that will possess a lasting impact on their lifestyles, likely needing medical therapies that are expensive. They find it necessary so that you can relieve the economic problems connected with other deficits as well as their clinic visits to consider appropriate action against the driver.

Read More

Blood Clots: Signs and Symptoms to Watch Out For

Aug 02

The body naturally forms important blood clots in order to regulate circulation, preventing people from bleeding out due to cuts and wounds. However, there are instances when this function starts working abnormally and causes more harm than good. For individuals diagnosed with certain medical conditions, blood clots can start forming without cause and cause blockage in one’s cardiovascular system. This leads to a host of complications, most of which can be life-threatening.

Those at risk of facing irregularities in their blood clotting function should watch out for two particular conditions. Deep vein thrombosis refers to a blood clot that forms in a deep vein in one’s body. This usually affects the legs, but it can also happen in the deep veins in one’s arm. Another serious blood clotting condition is pulmonary embolism. This occurs when blood clots formed in a deep vein breaks off and travels to the lungs, blocking the arteries and preventing blood and oxygen from flowing.

A deep vein thrombosis usually starts as swelling in the affected leg or arm. This swelling can soon feel painful or tender and feel warm to the touch. There are also times when the skin in the affected area starts to look red or blue. When patients start observing these signs, it’s important to seek medical attention immediately. This condition needs to be addressed as soon as possible to prevent the occurrence of pulmonary embolism. Symptoms such as shortness of breath, chest pain, rapid heart rate, and coughing with bloody mucus point to the fact that the complication has already occurred.

Since abnormalities in blood clotting is a serious concern, the medical community has been hard pressed in making sure incidents like these are prevented through proper treatment. Xarelto is a popular blood thinning drug meant to address the problem in high-risk patients. Unfortunately, as noted by the website of Williams Kherkher Law, there have been several cases where patients have suffered from adverse side effects caused by the drug. In extreme cases, Xarelto has been found to cause brain hemorrhaging and gastrointestinal bleeding, risking the lives of patients even further.

Read More

Lower Gastrointestinal Bleeding

Apr 07

Hundreds of thousands of individuals are hospitalized for gastrointestinal bleeding each year. The risk of death when gastrointestinal bleeding occurs is 12 percent. There are two types of gastrointestinal bleeding: upper and lower. Lower gastrointestinal bleeding has different signs and consequences than upper gastrointestinal bleeding and involves the small intestine, large intestine, bowels, rectum, and anus.

Bright red blood in the stool, fever, dehydration, and abdominal cramps are all signs of a bleed in the lower gastrointestinal tract. Symptoms of gastrointestinal bleeding may be minor or seem unsubstantial but may still lead to life-threatening health conditions. Similarly, even minor bleeds may cause anemia or low blood cell levels.

The most common cause of lower gastrointestinal bleeding is colitis or an inflammation of the colon. Infections in the digestive system, food poisoning, Crohn’s disease, and medication could all be reasons why colitis occurs. Hemorrhoids are another common reason why bleeding may be present in the urine or stool.

When a blood related disease is causing lower gastrointestinal bleeding, routine blood tests may be needed to help prevent significant blood loss. These types of tests may include complete blood cell count, serum electrolytes levels, and coagulation profiles. Often, physicians will prescribe anticoagulants in order to treat and prevent clotting when a condition is present.

While these precautions may aid in preventing severe bleeds, some medication actually causes these bleeds to become worse and possibly life-threatening, according to the website of Williams Kherkher’s Xarelto lawyers. Xarelto, the popular blood thinner produced by Johnson & Johnson and Bayer, is currently involved in several lawsuits due to the increased risk of serious bleeding incidents in its patients.

Drug manufacturers should be held accountable for their faulty products. If you or a loved one suffered a gastrointestinal bleeding incident, contact a Xarelto lawyer in your state. You may be entitled to significant financial compensation for the pain and suffering you sustained due to the faulty drug Xarelto.

Read More

Can You Charge for Medical Malpractice?

Jan 31

Hypothetically, say you were ill. The sickness is possibly threatening but can be treated if diagnosed properly and on time but your attending physician either made the wrong diagnosis or carelessly overlooked it, causing for the illness to grow more rapidly, leaving you more ill than you were before. Or, citing an example from the website of lawyers at the Abel Law Firm, perhaps say you were having a few minor complaints; maybe you were having a bit of muscle pain or a bit of trouble sleeping or having a headache and instead of standard prescribed medication that has proven to be trustworthy and effective, the doctor in question gives you experimental treatment that ends up in catastrophe and even further injury. Situations like these can be classified under medical malpractice.

Due to the incredibly vast nature of medicine, it can be quite difficult to acquire legal aid that is capable to navigate your case through a court of law. After all, the attorney you hire must be able to responsibly represent you in order for you to receive due compensation for your troubles.

Medical malpractice often leaves the victims scarred and afraid, which is perfectly reasonable. There are the expenses and additional medication in order to ensure recovery as well as the loss wages that must be taken into consideration. The trauma endured from the malpractice is incalculable and yet still, there must be compensation for the injury dealt all the same. A medical malpractice lawyer should be able to understand your case and even go as far so as to make sure that you only receive the very best and most capable treatments available so that you can go back to your regular life.

It can be a traumatic experience for all involved but if you or someone you know has been the victim of personal injury due to medical malpractice, it is advisable that legal assistance is hired as soon as possible in order to alleviate stress and heartache.

Read More

Save Your Business against BP’s Claim Appeal

May 06

More than three years after British Petroleum (BP) spilled oil in the Gulf of Mexico, many companies and individuals are still waiting to have their claims paid; some have waited for months, others for years. The reason for the long wait is BP’s success in appealing individuals’ claims. These appeals, filed by the oil firm itself, are against what it believes are fraudulent claims filed against it (by those who were never really affected by the spill, but joined the claims spree to earn easy money).

It is a fact that many businesses still continue to lose big income and are still struggling to find ways to recover. It cannot be denied that the 210,000,000 US gallons or 4.9 million barrels of oil that were spilled by BP’s oil rig in the Mexican Gulf really affected many firms along and near the coastlines, especially companies that basically rely on the sea itself, like sea food restaurants and sea-based activities (boating, scuba diving, yachting, and others).

Since the spill in April of 2010, BP has already paid more than $25 billion to individuals, business firms and the government, including cost of clean-up, for claims settlement. Late did BP realize, however, that many of the settlement it has made were based on fraudulent claims. To stop unnecessary loses the oil firm filed a claims appeal, which finally gained approval in July of 2013.

The BP claim appeal put a stop in the payouts, despite the continuous rise in the number of claims still being filed. The real effect of the appeal is the burden it has caused on those businesses that were really affected, so that even if the claims made by these firms were evaluated as authentic, now they will have to battle legally to earn their money.

It is clear that BP is solid in its stand to expose fraudulent claimants than continue to suffer unnecessary loses – all at the expense of authentic claimants. This scenario makes the presence of claim appeal lawyers, fighting for your rights, an essential requirement if want your business to survive. Leaving your firm’s fate to the outcome of the appeal process would be like waving your right to get what you legally deserve, which would also mean the survival of your firm. And acting now would be much wiser than waiting again for months or years for a result that you absolutely have no idea what would be.

Read More

Preventing Identity Theft through the Red Flags Rule

Mar 28

Every year about 9 million Americans end up as victims of identity thieves, who deplete their accounts and damage their credit, while leaving them with huge debts from purchases of things they have never even seen. Scam artists have been a threat to many businesses and individuals for so long, and since the dawn of the Internet plus the immense business and personal information contained in it, the con crime has just gotten faster and much easier to accomplish.

According to the website of Peter J. Berman, Ltd., identity theft refers to the wrongful acquisition and use of another person’s personal data, usually for economic gain. It remains a serious concern for corporations and consumers alike. About $50 billion in losses from more than 10 million individual adults are recorded every year; almost the same cost is spent by business firms in the US just to prevent identity thieves from hacking their files and data banks.

The fight against identity theft, especially by companies handling information about personal and business accounts (thieves’ most common targets), requires a serious program that will enable these same companies (and others of their like) to detect and prevent this crime. To help companies in this endeavor, the Federal Trade Commission (FTC), through the Fair and Accurate Credit Transactions Act (FACTA), has required business firms to conduct an Identity Theft Prevention Course, which will simultaneously train employees managing consumer information in red flag rules.

The Red Flags Rule refers to warning signs that will help businesses identify, prevent and lessen the damages caused by identity theft. It is part of the Identity Theft Prevention program (required by the FTC), which is a written set of guidelines that creditors and financial institutions with covered accounts should implement. By covered accounts, what is referred to is a consumer account that involves or permits payments or transactions, such as savings account, checking account, automobile loan, mortgage loan and credit card account. Through the red flags rule, it is hoped and expected that companies will be able to see through patterns and tactics that identity thieves employ in the performance of their crime.

Read More

The Strictness of the Law against DUI

Mar 17

Drunk-driving is strictly prohibited in all 50 states plus the District of Columbia due to the risk (and severity) of accident it almost always leads to. And the legal blood alcohol concentration (BAC) limit for drivers aged 21 and above is 0.08%. Thus, anyone caught with a 0.08% or above BAC level will be charged with DUI/DWI, a serious crime to which have been assigned heavy fines, imprisonment and suspension or revocation of license; other states even require community service and compulsory attendance in a DUI School (an alcohol and drug education class).

According to the National Highway Traffic Safety Administration (NHTSA), drunk-driving is still the most common crime committed in the US, besides being one of the major causes of injury resulting from accidents. And with people aged between 16 and 24 being the ones most involved in accidents, the Zero Tolerance Laws (which prohibits minors or anyone under the age of 21, from drinking and driving) has been enforced in all 50 states. Minors who violate this ordinance can lose their driving privileges and suffer other punishments imposed by the state where they were caught.

The strictness in the implementation of the anti-drunk driving law, however, is viewed by many as a means of limiting an individual’s freedom. With majority of drunk-driving arrests being made during weekends and holidays, it may only show that most of those who may have been caught were individuals who just wanted to celebrate or spend a relaxing, social time with friends or colleagues.

Though DUI violators have totally no intention of hurting or troubling anyone, but just getting home as safely as possible. The website of  Matthew Marin, a Rhode Island DUI defense attorney, says that if caught, the charges can be serious, regardless of a driver’s intentions. Many states have really tough DUI laws which offer no tolerance to violators, despite their excuse of innocence from intentionally harming anyone on the road. And the tougher DUI laws are, the need for a tougher DUI defense attorney becomes more necessary.

Not all lawyers have the same level of intelligence, experience, and determination, though, making the best stand out from the rest. Making sure that a really capable lawyer is in charge of a defense’s side will make a lot of difference in the outcome of a trial.

Read More

Speeding: Just How Much Risk are Drivers Willing to Take?

Mar 13

Many different factors have been identified as causes of injury to many innocent individuals. One of these is motor vehicle accident, such as a car crash. Cars have become the most common (as well as most convenient) form of transportation among Americans, thus, the continuous and rapid increase in their production and importation. But as the number of cars on road continue to multiply, so too do the yearly number of car accidents.

The National Highway Traffic Safety Administration (NHTSA) has named drunk-driving, speeding and reckless driving to be the three most dangerous acts on the road. Drivers, who are guilty of any of these three dangerous road behaviors, put in danger not only the lives of other motorists and pedestrians, but their own lives as well.

Once in a while it is necessary that drivers ask themselves if driving above the maximum speed limit, for instance, to quickly get where they want to be is really worth it even if such would put their lives, as well as other people’s lives, at risk. Or if beating red lights, ignoring stop and slowdown signs and making an improper overtake, to be able to get to work ahead of many others or just for the fun of getting ahead of another motorist, is better than inviting the possibility of getting a ticket or getting involved in a car crash.

The website of the Sampson Law Firm in Louisville says that in accidents involving cars, the probability and severity of injuries are greatly increased with vehicle speed. Thus, because of speed, many accidents result in broken bones or injuries to the brain or spinal cord; enough to lead to the temporary or permanent disability of the victim.

Those who are injured in accidents can suffer from severe trauma, which requires medical attention and days of rest from work. Financially, it means costly medical bills and a loss of sizeable amounts of income. Due to this, victims of accidents are given the legal right to receive compensation from those at fault for their injury. This compensation is generally not given without a fight or at least the threat of a fight, so having the help of a lawyer can help you secure it.

Read More

Medical Malpractice – Improper Treatment Resulting to Cerebral Palsy

Mar 11

Care for the life of a child, while still in the womb of the mother, is the major responsibility of an Obstetrician (also known as an OB/Gyn), whose specialized training includes management of pregnancy, labor, and birth. Upon birth, however, care for the newly born baby becomes the responsibility of another type of a medical doctor, a Pediatrician, who specializes in the management of the behavioral, physical, and mental health of children.

For the unborn, time inside the mother’s womb can be critical. Prescribing just any kind of medicine to a pregnant woman or a woman who may be expecting can result to adverse effects that may harm not just the mother, but the baby too. Likewise, over-eating, smoking, drinking alcohol or using illegal drugs – any of these can have an unfavorable effect on the unborn which can result to a lifelong suffering after birth. All these can only be due to improper treatment, a doctor negligently failing to provide proper or reasonable level of care.

The time of delivery is very critical too, as negligence and carelessness can lead to damaging mistakes, like wrong dose of anesthesia, which can cause serious birth injury, such as cerebral palsy (CP). Babies affected by cerebral palsy in the US number to thousands every year. This illness is characterized by impairment in muscle coordination or loss of motor function due either to an abnormality in a baby’s brain development or brain injury. A child with cerebral palsy will have difficulty talking, walking, eating, playing or doing things a normal child can do.

It was only during the 80s when scientists were able to correct the misconception that CP was caused by asphyxia, a condition wherein the baby’s brain is deprived of oxygen during labor or birth. This was after scientists discovered that damage to the brain of a baby typically occurred between the first and the second trimesters of pregnancy (that is, between the first six months of the gestation period). Damage to the brain during this period is usually caused by: an abnormality in the development of the brain of the unborn child; Intracranial hemorrhage or bleeding inside the brain, due to stroke; or, Periventricular Leukomalacia (PVL), a severe damage to the brain cells due to lack of oxygen, which may be caused by (in reference to the mother) premature birth, very low blood pressure, use of illegal drugs or infection.

Quite obviously, some pregnant women either do not have the willingness, or the proper knowledge on how, to care for themselves and their baby. But this can be easily corrected by doctors through correct information and proper treatment, that is, if they genuinely care for the safety of both mother and child. According to the website of these Massachusetts personal injury attorneys, any harm the mother or her child are subjected to due to a doctor’s acts of negligence can have legal implications which doctors will need to face and answer to. This is because the doctor’s responsibility is to perform his or her tasks safely and without causing harm to the patients.

By identifying negligent medical professionals, courts could be able to act and decide fast for the victims’ benefit, especially with concern to compensation for damages they and their families are, and will be, able to pursue.

Read More