Posts by Ansel

Truck Accidents

Posted by on Jun 14, 2017 in Personal Injury | 0 comments

Trucks, also called big rigs or 18-wheelers, definitely provide a major contribution in the U.S. economic growth. By delivering goods intact and on time, businesses are able to maintain operations, keeping the economy alive.

Getting a job done, however, can take a toll on a truck driver since most jobs normally require cross-county deliveries, which also usually means about 11 hours behind the wheel. Thus, many truck drivers suffer exhaustion and fatigue, making driving a totally risky task.

Various federal agencies work together in keeping U.S. roads and highways safe from accidents involving trucks. This is because besides the possible detrimental effects a truck accident can have on the business firm which contracted its service, the damage to property and injury to victim can definitely be major and severe, respectively. Some of these agencies are the National Highway Traffic Safety Administration’s (NHTSA), the Federal Highway Administration (FHWA), and the Federal Motor Carrier Safety Administration (FMCSA) the primary mission of which is to improve safety in the operations of commercial motor vehicles (CMV). The rules enforced by the CMV to attain this ‘safety’ mission, include:

  • requiring drivers to undergo a special training which will develop in them the special skills required in operating a truck safely, as well as pass a test prepared by the (FHWA) – these serve as the basic requirements in earning a commercial driver’s license;
  • enforcement of the maximum hours of service rule which will allow drivers to drive no more than 11 hours straight. This rule also mandates that drivers should be given 10 consecutive off-duty hours after their 14-hour duty;
  • requiring trucking firms to keep a record which will show regular schedule of truck check and maintenance;
  • requiring drivers to thoroughly check their truck’s brake shoes to make sure that these are in good condition; drivers also need to make sure that there are no air leaks in the brake chamber; and,
  • requiring truck parts manufacturers to produce only quality parts or parts that comply with minimum standards enforced by the government.

Negligence on the part of truckers in observing these mandates does not only mean violation of federal rules. The worst effect of ignoring what these rules require is a road tragedy that can cause severe injuries or the loss of lives.

An article posted at www.crowemulvey.com/practice-areas/personal-injury/, says that any automobile accident has the potential to cause devastating injuries, significant property damage, and lasting emotional trauma for anyone involved. However, when accidents occur between passenger vehicles and large commercial trucks, like 18-wheelers, the effects are likely to be significantly worse. The sheer size and weight of these vehicles almost guarantees that any collision between a truck and another vehicle is serious, and sadly, it is often the drivers and passengers of smaller vehicles who suffer the most in these accidents.

Like any motor vehicle accident, large truck accidents can occur for a variety of reasons, and as such, many accident victims are unsure who is ultimately responsible for the accident that caused them harm. Depending on the details of an accident caused by a large truck, it is possible for responsibility to rest with:

  • The truck driver
  • The trucking company that hired, trained, and employed the driver
  • The company responsible for maintaining the truck
  • An auto manufacturer / parts manufacturer

Personal injury lawyers know all too well how much innocent motorists can suffer because of accidents involving large trucks. Frequently, victims of these accidents are left suffering from ongoing pain and suffering, significant medical bills resulting from their treatment, and enduring emotional trauma. Fortunately, however, legal action can be taken against those responsible for causing these accidents, which may be able to help victims secure the financial compensation and closure they need.

 

 

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A Landowner can be held Liable for Certain Types of Injuries Suffered by Anyone on his/her Property

Posted by on Apr 2, 2017 in Property Law | 0 comments

In an article, the firm Zavodnick Law says, “Whether you are visiting a store, walking along a sidewalk, or simply out and about, you expect a reasonable level of safety from environmental danger. At the very least, you want adequate warning when there are unsafe conditions. However, there are times when unsafe conditions crop up without warning and cause people to get hurt. It is a property owner’s responsibility to ensure the safety of their premises. When they fail to do so, injured people can hold them accountable under the premises liability laws for allowing dangerous conditions to persist.

There are a wide variety of situations in which a premises liability incident can result. They all have one thing in common: a property owner failed to keep their premises to an adequate safety standard and did not warn of the danger.

Premises liability refers to a landowner’s answerability for certain types of injuries suffered by anyone on his/her property where an unsafe condition exists. Besides injuries due to slips, trips or falls, premises liability also includes in its scope any type of injury that may result due to falling objects, electrocution, open excavations, broken benches or chairs, and so forth.

Some of the most common types of premises liability issues include dog bites, slip and fall, inadequate security, elevator and escalator injuries, porch collapse, stair collapse, fires, lead paint poisoning, mercury poisoning, and swimming pool injuries.

Those who need to make extra sure that their premise is free from risks of accident at all times are owners of places open to the public, like malls, supermarkets, restaurants, food courts, playgrounds, swimming pools, hospitals, government offices, churches, etc. Despite an injury after an accident, proving a landowner’s negligence may not be easy. Also, the premises liability law is complex, and each victim’s case can be affected by a variety of factors. While many victims suppose that the injury they sustained is more than enough proof to merit compensation, many others think better and so entrust their case to an experienced personal injury lawyer for greater chances of winning their case.

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Under the Law, A Person is Innocent until Proven Guilty

Posted by on Feb 8, 2017 in Criminal Laws | 0 comments

Every year, the U.S. Drug Enforcement Agency (DEA) makes more than 30,000 drug-related arrests. Despite these, plus the continuous surveillance and operation of law enforcement agencies to bust criminals and free streets of drug-related activities, including drug trafficking, distribution, possession and use of illegal narcotics (like cocaine, heroin, marijuana and 3, 4-methylenedioxymethamphetamine (MDMA) otherwise known as Ecstasy), illegal drugs continue to be a major problem in the country.

The use of illegal drug is linked to several major causes of death in the US, including homicide, suicide, violence, HIV infection, motor-vehicle injury, hepatitis and mental illness. This is why the US Federal Government has never stopped, but, rather, still intensified its war against illegal drug trade which heightened during the 1970s when various criminal groups from Mexico started smuggling marijuana, heroin, cocaine, hallucinogens, amphetamine and methamphetamine in the US through various routes.

Many non-violent individuals suffer years of jail term due to the very wrong thought that smuggling drugs into the US is too easy money to pass up. Obviously, they willingly take the risk of being caught and being made to face heavy penalties in exchange for the big cash they believe thy will get in return.

A drug-related activity, most especially drug trafficking, is a serious federal crime with harsh mandatory sentences. For possession of drugs, for instance, most states carry a mandatory minimum sentence of 30 to 40 months imprisonment plus steep fines (other states also include many hours of community service, which will serve as additional penance for the crime). For drug trafficking, penalties can include: years of jail sentence; fine amounting to thousands of dollars; loss of right to vote until the completion of the entire felony sentence; loss of the right to carry a gun; and, loss of certain academic and professional opportunities.

Drug trafficking generally refers to the importation, exportation, production, sale, distribution and possession of prohibited drugs – a definition that is applied to all types of illegal substances. In its website (http://www.dea.gov/druginfo/ftp3.shtml), the U.S. DEA has posted a table that shows the federal trafficking penalties for illegal drugs falling under schedules I, II, III, IV, and V. It details the number of years in jail and the amount of fines based on the type and quantity of substance seized, and the number of offenses committed.

Criminal defense law firms, such as Truslow and Truslow, know that the effects of a conviction can ruin a person’s future even years after his/her conviction and despite having completed the terms of his/her sentence. Thus, though a person may be caught with illegal drugs in his/her possession, he/she stays innocent until proven guilty. Due to this, he/she is very much entitled to the most competent legal defense available which can help prove that he/she may not really be guilty of a crime after all.

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What to Do in Case of a Slip and Fall Accident

Posted by on Jul 6, 2016 in Personal Injury | 0 comments

What to Do in Case of a Slip and Fall Accident

Slip and fall is a very common type of accident in the U.S. that causes injuries to people, from simple bruises to fractured bones. Most of those who are most prone to slip and fall accidents are people aged 55 or older and the most common injuries they suffer are fractured hips or spinal cord injury. In some instances, some falls are bad enough, causing head or neck injuries which lead to death.

Records from the National Safety Council’s (NSC) Injury Facts reveal more than 8 million slip and fall accidents in the U.S. every year. One common thought about slip and fall accidents is that this accident is the fault of victims themselves – a result of their not being careful. On the contrary, slip and fall accidents can be the fault of property owners, like landlords, business owners or homeowners who have a responsibility to keep their premises safe at all times. As explained in the website of the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., there are far too many property owners who fail to maintain safety on their estate or warn guests of any dangers that may be present, resulting in unsuspecting visitors suffering serious and sometimes fatal injuries. Thus, when property owners fail to uphold their responsibilities and others suffer harm as a result, they should be held accountable for the effects of their negligence and carelessness.

Slip and fall accidents can can occur in shopping malls, parking lots, playgrounds, workplaces, hospitals, churches, restaurants, food courts, swimming pool areas, and so forth. Employees who suffer work-related slip and fall injuries can file a compensation claim with their state’s Worker’s Compensation office; however, if the accident occurs in a public or privately owned property, it may be possible for the injured person to file a lawsuit against the owner of the private property or against whoever has the responsibility in the maintenance of a public place.

Injured victims of slip and fall accidents should realize, however, that they must be able to prove that the property owner is the one at fault for their accident for them to be able to claim compensatory damages. It will prove totally useful, especially during a civil lawsuit, if the injured victim has a record of all important circumstances surrounding their accident, including its cause, like slippery tiles or flooring, wet or icy floor, narrow stairs, unnoticeable changes in flooring levels, torn carpeting, or cracked or broken flooring. Equally important are photos and medical proof of the injuries sustained and account of witness, if possible. Going to a highly-skilled personal injury lawyer or premises liability lawyer to seek legal assistance would be the next best move.

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Traumatic Brain Injuries

Posted by on Mar 29, 2016 in Personal Injury | 0 comments

Imagine if in the blink of an eye, you were completely dependent on another person. Returning to work would be a difficult journey. Your lack of wages coupled with expensive medical bills is burdening your family. This is the type of situation you could find yourself in after a traumatic brain injury.

According to the personal injury lawyers of Spiros Law, traumatic brain injury, commonly known as TBI, is caused by a sudden or serious impact to a person’s head.  Accidents occur and sometimes people make reckless mistakes, but many traumatic brain injuries occur at the hands of others. According to the Centers for Disease Control (CDC), there were 824 traumatic brain injuries resulting in eemergency room visits, hospitalization, and death. This type of injury has very extensive physical and financial consequences. If another party is at fault for your injuries, you should make sure that you receive the justice you deserve.

There are many forms of TBI, but the most frequently reported traumatic brain injuries are as follows:

  • Concussion: Most common type of TBI, translates from Latin as the “action of striking things together”
  • Memory loss: A side effect after a TBI occurs, usually results in symptoms of amnesia
  • Contusions: A region of injured tissue or skin within the brain where blood capillaries have been ruptured; a bruise on your brain
  • Hematoma: A solid swelling of clotted blood within the tissues of the brain

These severe injuries completely change day to day life for the victim. It affects their job and their loved ones. The issue extends far beyond the person who is actually affected by the injury. The victim might experience a complete to their lives as they know it, such as losing the ability to walk, losing control of their motor skills, being unable to feed and dress themselves, and other dramatic changes.

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