Truck Accidents due to’ Negligent Hiring

On August 1, 2006, a minivan, which had four occupants, a woman, her mother, and her two sons – one was 15 months old, while the other was 3 years old – was caught in traffic congestion on Interstate 80. The minivan slowed down behind a flat-bed truck. Unknown to the woman driving the van was a fast approaching three-axle Intercontinental 9400 semi-trailer. The semi-trailer failed to stop on time, rear-ended the van, crushed and slammed it into the flat-bed truck, causing it to be engulfed in fire. No one survived the accident: not the semi-trailer driver and, definitely, not anyone among those that occupied the minivan.

According to the Federal Motor Carrier Safety Administration (FMCSA), fatal truck accidents happen almost 11 times a day, resulting to more than 4,000 deaths and more than 100,000 injuries each year. Compared to car accidents, truck accidents may be fewer, however, its results are always more destructive and tragic due to their huge size.

Because of the major contribution trucks make in the country’s economy, drivers of smaller vehicles will just have to get used to sharing the road with these huge vehicles. To help lessen the fear of so many other motorists from driving alongside trucks, the government makes sure that only qualified, licensed and well trained drivers are allowed to operate these. Laws, like the allowed maximum number of driving hours and the required number of hours of rest, lower level of blood alcohol concentration (0.04%), strict prohibition of the use of cell phone, use of standard tires and brakes, regular maintenance of the vehicle, and a mandate on employers to keep bad drivers off the road, have also been passed with the aim of ensuring the safety operation of trucks .

Despite the enforcement of trucking laws, however, many employers manage to require their drivers to be on the road longer than the maximum number of hours of service. Many are even able to hire drivers who do not possess the required skill, fail to train drivers about safe operation of trucks, as well as fail to impose disciplinary actions on drivers who commit traffic violations, especially DUI.

Hiring a driver with a bad driving record or keeping a driver despite repeated traffic violations is an act of negligent hiring – a major offense committed by employers who only intend to earn, while compromising the safety of many others, even of their own driver. According to the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., this is one example of careless employer act to which the liable employer can be held totally responsible and for which he or she can be required to answer in court to face any lawsuit filed by his or her victim/s.

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Hazards of driving a truck aggressively

When semitrailer truck drivers become aggressive behind the wheels, many people on the road are at high risk of suffering serious injuries in accidents. People who have been injured in accidents caused by aggressive truck drivers may pursue damage claims for them to possibly recover their financial loss, according to the website of Ausband & Dumont.

The National Highway Traffic Safety Administration (NHTSA) considers a driver as aggressive when he or she “commits a combination of moving traffic offenses so as to endanger other persons or property.” In the U.S. alone, aggressive driving is considered to be one of the serious problems on the road. Truck drivers are trained and required to always practice safety precautions during operations. However, there are situations when heavy truck drivers become aggressive and operate the truck with unusual high speed rate. In Georgia trucks are required to have a speed limit of 65 mph on access roads, 55 mph on urban interstates and 70 mph on rural interstates. Truckers are required to pay fine upon excessive speeding conviction in the state.

Due to its enormous size and weight, catastrophic accident often is the aftermath of speeding heavy trucks. Families whose loved ones become victims of truck accidents caused by an aggressive speeding driver are left dealing with great financial loss. A simple funeral service is often expensive. A person who was seriously injured in such accidents may require series of medical treatments and prolonged therapy sessions to recover from his or her injuries. Though some of truck accident victims fortunately recover from their injuries, they are no longer capable of doing any kind of work for them to earn a living. At some point, trucking companies can also be liable if their drivers became aggressive and caused injuries to people when involved in accidents. Trucking companies are required by federal and state laws to follow standards in hiring drivers.

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Asthma: Know The Causes And Triggers

In 2007, asthma was associated with 3,447 deaths in the country, or approximately 9 per day. Unfortunately, the number of people living with this chronic lung condition continuously rises every year. One factor that affects the country’s asthma rates is the failure of some automotive companies to ensure that their vehicles meet the country’s emissions standards. In fact, an article on the website of The Driscoll Firm says that Volkswagen intentionally sold vehicles equipped with special software to cheat on emissions test.

Asthma occurs when the air passages become inflamed and produce extra mucus. This makes breathing difficult, and may also result in pain and tightness of chest. Apart from these, other symptoms may include coughing, difficulty getting sleep because of coughing and shortness of breath, and wheezing, especially when exhaling. How asthma affects your life depends mainly on its severity. For some with asthma attacks that are more frequent and serious, their daily activities can be profoundly affected.

There are many possible causes of asthma. Apart from vehicle emissions and other air pollutants, here are the other risk factors that may trigger an attack:

  • Family history of asthma
  • Strenuous physical activities
  • Air that is too cold or too humid
  • Mother who smoked while pregnant
  • Some medications (aspirin, beta blockers etc.)
  • Some preservatives and additives
  • Obesity
  • Smoking (or exposure to second hand smoke)
  • Allergens, such as pet dander, pollen, dust mites and mold
  • For women, menstrual cycle

An asthma attack can interfere with your day-to-day activities. So, before it could affect your day, be sure to identify first what triggers your asthma attack. Are you having an attack during the pollen season? Can a humid air trigger an attack? Does your asthma attack after eating a certain type of food? Write down all the possible triggers. Once you know them, you’ll be able to learn how to avoid them.

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No Zone Areas

Every day, millions of drivers share the road with large trucks and buses. Accidents involving vehicles of such size can result in severe injuries and often death. Therefore, truck companies are required to take extra precautions when regulating their drivers on the road. Part of these precautions includes establishing “no zones.” No zones are dangerous areas around trucks or large buses where accidents are more likely to occur. In some cases, “no zones” are similar to the average car’s “blind spots” or areas in which the driver of a particular vehicle cannot see cars that have come close to them at a particular angle. Because of this decreased visibility, “no zones” are areas in which drivers on all sides should be extra cautious and do their best to avoid.

Louisville personal injury lawyers are commonly aware that a truck’s “no zone” includes: “a shallow space just in front of the truck, a tapering area behind the truck, a shallow area on the driver’s side of the truck and a large area on the passenger’s side of the truck.”

Drivers of smaller vehicles should avoid lingering in these “no zones” to reduce the risk to themselves and drivers in surrounding vehicles. Truck companies should require that their drivers are properly trained to be aware every time a vehicle enters a “no zone” so that they can make sure that vehicle moves to a safe area before attempting to turn or to change lanes.

Navigating “no zones,” and sharing crowded highways with large vehicles in general, is a high risk situation in which all drivers must hold themselves accountable for their safety and the safety of others. Unfortunately, because of the nature of these situations, accidents often occur. Should you find yourself in an accident involving the “no zone” of a truck or large vehicle, you may be entitled to damages.

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Truck Accidents Happen Every Day

Trucks are inevitability in the roads of the United States of America. Every year, these trucks are responsible for the transport of important goods such as metals and substances that are necessary for the innovation and growth of the American people and economy. However, there are substantial risks with these eighteen wheeler vehicles – so much so that the laws that cover them have significant differences than to those of simple car accidents, should an incident of that nature occur.

The website of the Goings Law Firm, LLC, mentions that should a truck accident be proven as one caused to recklessness or negligence, whether it was intentionally or ignorantly done, from the driver or company or the truck manufacturers themselves, the survivors and beneficiaries are liable to claim necessary compensation from the guilty party for any and all expenses that the accident has caused.

A Texas 18-wheeler accident lawyer can probably confirm that the impact that a truck accident can cause is leagues more catastrophic than that of one of any other motor vehicle-related accident. To paint the picture even further, a regular motor vehicle can weigh from 2000 to around 4000 pounds, with just one adult passenger on board – while an eighteen wheeler truck can go up to 80,000 pounds on a freeway without a permit.

Some states even allow that limit even higher and permit trucks that weigh over 150,000 pounds to operate on a freeway without a permit. In order to know what are the state laws that are covered in your municipality.

The damage dealt by a truck accident can be as catastrophic as ten to fifteen car accidents, or worse. Due to the nature of the material carried in a lot of trucks, such as highly flammable substances or unstable chemical compounds, any damage that is dealt upon a truck during an accident could result into a high risk chemical explosion that could result into numerous wrongful death cases, burn injuries, and even claims of soil made barren due to the exposure to said chemicals.

If you or someone you know has been severely affected by a truck accident, it is of the utmost importance that expert legal help is contacted as soon as possible.

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Settling an Inheritance DIspute

When speaking of a person’s last will and testament, the “estate” refers to all of the deceased’s properties and possessions. A will allows for these properties to be separated towards intended beneficiaries upon the death of the owner.

Dealing with a death of a loved one can be a truly devastating and emotionally charged time for anyone involved but the legal matters surrounding the deceased’s estate is one that must be handled with care and caution. Often, should a beneficiary have reason to believe that the will was not written in good faith or in a proper mental state, there is a call for the will to be contested. This could have been avoided through the process of capable estate planning, through an estate litigation attorney, but disputes with a will are hardly uncommon. In fact, it can be through the same attorneys that you could be advised if going through probate litigation might be the most suitable option for you. It is understandably difficult to make decisions of this nature, following the death of a beloved, which is why it is the most plausible course of action that reputable professionals are contacted for these matters.

There are several ways that a will can be contested or disputed and these matters call for litigation to be handled by capable legal experts. It is never a straightforward process, due to the fact that the variables are always going to vary. Some wills are contested due to the lack of clarity as to whether or not the deceased was the legal owner of a certain property or possession, ergo have the legal right to give it away or not. Some beneficiaries may believe themselves to have been wrongfully withheld of inheritance due to the will having been written under false pretense.

There are hundreds of thousands of ways that the contents of a will can be contested, and each one is leagues different from the other. That is why it requires the expert aid of a legal team that specializes in this specific branch of the law.

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Morning Sickness Pill may Cause Birth Defects

Choosing to have a child can be one of the most rewarding experiences that a woman could have. Some women have extreme difficulty with conceiving a child, no matter how much they wish they could, and when they do – they are over the moon about it. These are often the mothers who worry that their child might be born with two heads or three arms or with some kind of defect, and so take extra precautions while still in their pregnancy phase.

However, a lot of the mothers in society today are working class mothers who need to be able to make a living in order to support their lifestyle and one of the most prominent side effects of being pregnant is morning sickness. This side effect can often be treated with a simple pill – but there have been drugs on the market that have been recommended to pregnant women that have negatively affected the child in ways the mother couldn’t have imagined.

Some of the consequences are cleft palates or even congenital heart defects. These kinds of cases are always difficult to deal with as they are often emotionally charged and stressful for the family involved. It is, unfortunately, not an entirely rare circumstance. The website of Williams Kherkher points to evidence of birth defects that have been caused by the drug Zofran. This drug is often used for the same kind of sickness experienced by mothers – uncontrollable nausea and such – but for patients who are undergoing chemotherapy treatment or radiation.

The side effects that are the consequence of this drug could have a lifelong impact on the child and the family, as it then requires medical procedures in order to correct or even just prolong the life expectancy of the child.

These procedures are costly and stressful but are legally warranted, which is why it most advisable to bring in a legal expert or a team of legal experts who are knowledgeable with the case at hand, in order for the case to be handled as sympathetically and efficiently as possible.

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Dealing with Various Debts

Being in a state of financial difficulty is no new thing for a lot of the people in the United States of America. After all, due to the numerous debts that the country has had and the major financial fluctuations that the economy has had to suffer in the last few decades, it is more than understandable to know that a lot of people are not exactly in their most stable financial state these days.

Individual debts can come through a lot of varied means. Some people garner thousands of dollars in student loan alone while some people struggle to pay off their mortgage until the end of their days, leaving their children with an inherited debt. Credit history can also be a pain and medical expenses can also spring up without warning. A lot of people fail to consider that “bankruptcy” might be an option that is available for them – an option that could clear their credit history and allow for them to start anew and fresh and on stable financial footing.

According to the website of Ryan J. Ruehle Attorney at Law, LLC, however, a lot of people presume the worst of “bankruptcy”, thinking it the signal of ultimate defeat and desolation. Little do people know that it is often filing for bankruptcy that can allow for them so decrease the stress and heartache that their financial situation costs.

One such example of bankruptcy that is advisable for families or individuals is Chapter 7 bankruptcy. This type of bankruptcy allows the total liquidation of assets in order to settle outstanding debts or charges. Through the help of an expert bankruptcy lawyer, filing for this kind of bankruptcy can also mean the end of harassing phone calls from creditors of all sorts. It could be the answer to financial freedom as it can be through this method that you are allowed to pay off what you owe through a systematic payment method that is suited to your needs and lifestyle, allowing for you to live as comfortably and safely as you can without worrying about your finances ever again.

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The Connection Between Monsanto PCBs and non-Hodgkin’s Lymphoma

It was only in 1979 that the United States Congress issued a ban on the manufacturing of products that contain or could cause PCBs or polychlorinated biphenyls. Though the company has gone through different owners and names, the Monsanto Company has been proven to be responsible for 99% of PCBs in the United States.

They have been in operation since at least 1930 though there are claims that they have been in manufacturing since the early 1900s. It was an internal note that was discovered, then, that Monsanto was aware that their products were hazardous to the health of the people in the affected areas. Due to improper disposal, many of their products have ended up in bodies of water, thereby severely affecting marine life and sediment foundation in the affected bodies of water.

The dangers of the presence of this substance has made itself known over the years and is still very much felt to this day.

There has been a link between Monsanto PCBs and a particular kind of cancer more commonly known as non-Hodgkin lymphoma or NHL.This is a kind of cancer that originates from the body’s lympathic system, found in the immune system. According to the website of the American Cancer Society, this is a rare kind of cancer with only 20,000 to 200,000 cases a year. People who live in the areas that expose them to PCBs are put into higher risk of contracting this disease.

Several doctors might be required to be put on the team for the patient to be treated and sometimes, surgery is necessary in some rare cases of NHL. A hematologist, a doctor who specializes in discrepancies found in the blood; a medical oncologist, a doctor who treats cancer through medical means like chemotherapy; and a radiation oncologist, a doctor who treats cancer through means involving radiation may be called into the scene and such endeavors are known to be stressful, strenuous, and costly.

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The Roots of Crime

Reestablishment of previously convicted criminals is one of the premiere problems in the United States today. A lot of these ex-convicts end up as homeless people who are unable to get jobs or continue their education because of their criminal record. What a lot of people don’t know is that crimes are not caused by evil or a natural inclination to do bad things.

Crime is often due to systematic disenfranchisement which denies people certain rights and privileges that they need in order to lead fulfilling lives. Withholding these things – such as the opportunities for education and careers – are what leads these people to the life of crime and what makes crime so prominent.

According to the website of Daniel Jensen, Attorney at Law, a single conviction could sentence any individual to a lifetime of stigma from the employment system and a taint on their records that could prevent them from immigrating to their country of choice or pursuing a higher degree in a recognized educational institution. That is why criminal defense is a matter that needs to be taken seriously, in light of these circumstances. Often, a sentence could be determined by how well the legal team at hand presents the situation.

A lot of the time, there are present biases within members of the jury or even the opposing lawyers themselves, supporting an ulterior motive or propaganda, instead of the livelihood or justice for the person whose entire life is on the line. It takes skill, precision, righteousness, and a dedication to justice in order to properly defend a criminal case. And with this much on the line, these steps are necessary in order to obtain a just ruling in the end. After all, a criminal conviction does not just affect one individual or the party involved with the crime itself – their families and loved ones are also severely affected.

If you or someone you know is currently in a legal dilemma of a criminal nature, it is imperative that a reputable criminal defense attorney is contacted at once.

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