Trucking Accidents due to Employer Negligence

By on 10-23-2016 in Truck Accidents

There are about 15.5 million trucks operating in the U.S. and, of this figure, two million are semi-trailers. According to the Federal Motor Carrier Safety Administration (FMCSA), fatal accidents involving semi-trailers happen almost 11 times a day. This means more than 4,000 deaths yearly; non-fatal accidents, on the other hand, number to more than 100,000 every year. While there may be fewer truck accidents than accidents involving cars, the results of these accidents are always more destructive and tragic due to a truck’s huge size. In 2014 alone, an estimated 3,903 individuals (truck drivers, drivers of smaller vehicles, motorcyclists, bicyclists and pedestrians) were killed and at least 111,000 others were injured in large trucks accidents, which number about half a million every year.

Despite the threats presented by trucks, drivers of smaller vehicles will just have to get used to sharing the road with them and learn, instead the techniques of defensive driving when they find themselves sharing the road with a semi-trailer.

Both the National Highway Traffic Safety Administration (NHTSA) and the FMCSA pass and implement laws that will help lessen the fear of many motorists from driving alongside trucks. Besides seeing to it that only qualified, licensed and well trained drivers will be allowed to operate this huge vehicles, there are also laws that determine the allowed maximum number of driving hours and the required number of hours of rest or the blood alcohol concentration (BAC) limit (trucks drivers who would be caught with a BAC level of 0.04% can be charged of DUI or drinking under the influence). Other laws include the prohibition of the use of cell phone while behind the wheel, equipping the truck with a sleeper berth where a driver can rest or sleep in between driving duties, regular maintenance of the vehicle, and using only tires and brakes that comply with federal safety standards.

Despite the enforcement of trucking laws, however, many employers manage to make their drivers operate a truck longer than the maximum number of hours of service allowed. Many also get away with hiring drivers who do not possess the required skill and then fail to train them about the safe operation of trucks, as well as fail to impose disciplinary actions on drivers who cited for traffic violations, especially DUI.

Hiring a driver despite his/her bad driving record or keeping a driver despite repeated traffic violations is an act of negligent hiring – a major offense committed by employers who are concerned with profit rather than the safety of their own driver and of many others on the road.

It is mentioned in Mazin & Associates PC‘s website how a car accident can very well result in permanent disability or death. The chances of these are definitely higher if one of the vehicles involved in an accident is a semi-trailer. These results are just two of the many reasons why a victim of a truck accident should contact a personal injury lawyer immediately after an accident – to help him/her seek the compensation which will enable him/her to get the medical care and treatment that he/she needs, besides ensuring coverage for all damages resulting from the accident.

When Is It Time To Call A Roofing Contractor?

By on 7-27-2016 in Roof Repairs

Repair works for your roof is necessary to protect your household from the forces of nature. If you find yourself constantly cleaning your house of rainwater, it is time to conduct an inspection of the condition of your roof. However, for some homeowners, climbing the roof can seem to be a dangerous project. This is where a roofing contractor can come in handy.

According to the website of Best Roofing, roofing contractors can diagnose roofing problems and repair them. They have the training and experience in ensuring the maintenance of the integrity of your roofing system. But when is it the right time to call a roofing contractor? Here are some signs that it is time to have your roof checked:

  1. Your roof is leaking

Leaking roofs can cause health issues to you and your family due to mildew and mold. When the drain does not flow sufficiently and rainwater resides, it could result to respiratory issues and could weaken the structure of your roof.

  1. Damaged or missing shingles

When your roof shingles have reached the end of their life span, it is time to call a roofing contractor. You will know that your roof shingles is damaged when you see small piles of black or gray granules. Low quality shingles can cause damage to your roof.

  1. Roof age

The age of your roof can also play a factor in deciding whether it’s time to call a roofing contractor. The expected life span of a roof is about 25 years so if your roof is approaching this period, get in touch with a roofing contractor.

  1. Sagging

Sagging in your roof means there are several things that is happening in the interior of your house. It could be that the original material has weakened over time as a result of water damage or deterioration.

If your roof is showing these signs, it means that it is time to have it assessed by a contractor.

Negligence in Nursing Homes

By on 3-30-2016 in Nursing Homes

An inquiry made by the Southern Nevada Health District in January 2016 revealed that there was presence of legionella bacteria at the Boulder City Veterans Home, including in the late United States Navy retiree Charlie Demos, Sr., who had been residing at the facility when he died of Legionnaire’s Disease in April 2015.

An inspection report made by the Department of Health and Human Services and Centers for Medicare and Medicaid Services found out that the Boulder City facility needed improvement in a lot of areas, with New York City-based independent non-profit newsroom ProPublica noting that the nursing home got 38 deficiencies between December 2012 and June 2015, and was given a fine of $20,166 in 2013 for not being able “to ensure the resident[s] received adequate supervision to prevent accidents”.

This is in connection with the death of former Nevada legislator Bob Robinson, who suffered from heatstroke and sun-related blistering after the nursing home’s staff failed to usher him back inside the facility. A separate investigation into the facility was conducted by the Nevada Attorney General’s Office due to this incident and several other factors, like the facility having a 15.5% medication error rate.

According to SeniorAdvice.com, Nevada’s veteran population, which is estimated at 350,000 at present, will only continue to grow in the coming years. Key challenges regarding them will be increasing available bed space while improving living conditions.

Nursing home neglect, while similar to nursing home abuse in the sense that they both result to the elderly patient being exposed to an unpleasant scenario that could harm them, most particularly in a physical sense, is different from abuse as it is sometimes done unintentionally – although said manner is still inexcusable, unintentional as it may be for it is usually the result of breach of duty or substandard care.

Automobile Defects Leading To Accidents

By on 10-30-2015 in Car Accidents

Every other cause of death is not a consequence of vehicle accidents in the United States than more deaths. This year, the National Highway Transportation Safety Administration claimed that 32 died because of this of the car accident. Unfortunately, several freeway incidents and are entirely preventable, and incidents would be the results of a car defect.

Car companies also provide a duty to ensure each part of the car functions properly just like food source corporations possess a responsibility to provide items that are secure because of their intended function. Regrettably, solution failures could end in pointless accidents in the fault of a third-party, prompting many people to get the aid of a lawyer. While parts of a vehicle are faulty, it endangers the lifestyle in addition to the lifestyles of others on the road because it affects the driver’s capability to handle their vehicle. In which a considerable car wreck might happen, if something goes wrong, it could create a predicament. According to the website of Houston shoulder replacement lawyer, imperfections and harmful failures that put highway safety at an increased risk include:

  • Brakes that are bad
  • Airbags that are defective
  • Seatbelts that are flawed
  • Tire blowouts as a result of poor tire manufacturing
  • Weakness of the framework that is architectural that is vehicle’s
  • Flawed design causing rollovers
  • Steering column failure
  • Trapped accelerator

The manufacturer can be used accountable for neglect if you are hurt by a hazardous merchandise. This neglect is really a result of the lack of attention that is fair generate to gather, or layout something that is not dangerous because of its use that is planned. As an example, Toyota paid $1.1 million this season to stay a fit when lots of its autos were produced without a “brake to idle fail safe” safety element submitted. That is a harmful function to not have in a car, triggering these cars to have a habit to be unresponsive when an individual struck the brakes. As an individual that is injured, you should not need to purchase a negligent company’s oversights.

When Friendly Dogs Become Threats

By on 7-20-2015 in Injury

Every dog owner may hold the belief that his or her dog is the greatest and the friendliest dog anyone can have; however, to assume that all other dogs are equally friendly simply because their dog is, is a grave misassumption.

Dog owners are fully responsible for the care and health of their pets. This includes making sure that their dogs get their daily dose of exercise, besides giving these the right food on timely intervals. Dog exercise, according to dog experts, should be a part of a dog’s regular activities. Being energetic animals, a dog’s unspent energy can be directed to destructive chewing, constant scratching on the wall, door or floor, knocking furniture over, whining, digging, jumping up on people, play biting or rough play. Though a sad fact, but many owners are late to realize that unused energy can make their pets injurious, even to them and, most especially, to their children.

According to the US Centers for Disease Control and Prevention (CDC) the yearly count of dog bites that require medical attention reach up to 885,000; an average of 368,000 victims are rushed to hospital emergency departments every year, while in 2012 specifically, more than 27,000 dog-bitten people required and underwent reconstructive surgery.

The webpage of DogsBite.org., meanwhile, states that in 2013, there had been 32 dog attacks all of which resulted in death: 18 of the victims were children, the other 14 were adults. The number of fatal dog attacks jumped to 42 in 2014, with 19 children as victims, 1 was a teen, while the remaining 22 were adults.

It is no doubt that dogs are fun and loving animals, but these too can turn against anyone if threatened or if their energy is kept unspent. To keep people from being bitten or attacked by dogs, especially in public places, such as parks and woods trails, US states have enacted their specific laws which will keep dogs restrained and kept from injuring anyone.

Michigan and Pennsylvania, for instance, have the leash law, which mandates that dogs should be on a leash, especially in places like schools, parks, beaches, and protected natural areas. Other states simply outlaw loose dogs of dogs at large. Denver, Colorado, however, has even gone to the point of banning a specific breed of dog, the pit bull, due to the devastating cases of attacks reported of this breed. Other cities have adopted laws similar to that or Colorado’s, mandating strict regulation on the ownership of pit bulls.

Many dog owners still definitely need to know how to take proper care of their dogs and how to keep these from being a threat to anyone, despite their claims that their pets are very friendly. Likewise, there are a number of important things that dog bite and dog attack victims need to know, such as their legal right and options and possible right to compensation.

Why Are Truck Accidents Different From Car Accidents?

By on 6-27-2015 in Injury, Trucking

Trucks are automobiles too, right? Surely there can’t be much difference between an accident caused by a truck and one caused by a car. So why are there different laws for either one?

Well, for one thing, though they may have similarities in terms of make – their potential for destruction is vastly different. A car accident, sometimes, can mean a damaged car door or a fallen bumper, but overall? Not every car accident is lethal and life altering. The thing about truck accidents, however – specifically, eighteen wheeler trucks – is that they are usually more than 10 times more destructive than cars. In fact, you can put it like this: your regular automobile will usually weigh around 4000 pounds while your average truck can weigh up to 152,000 pounds without need of a permit in certain states. You can view more about truck accidents and their complications.

The devastation that a truck accident can cause is astronomically more than your average car accident. Where a car accident can only possibly be catastrophic, depending on what kind of accident it was and what the circumstances of the accident are, every truck accident will cause something highly volatile and destructive.

That is why there are so many laws in place that surround trucks specifically. A truck driver can only drive the vehicle for a certain number of hours consecutively, for example. And, unlike your regular car accident, truck accidents are covered by federal law. That is to say, where car accidents can have certain discrepancies from state to state, there are universal laws that surround trucks all over the United States. There is also a lot more risk with regard to trucks since the cargo that they carry can sometimes be extremely dangerous such as flammable material, which could cause large-scale explosions should they be tampered with or be met with an on-road accident.

If you or someone you know has been injured in a truck accident, it is recommended that an attorney who has experience with cases of this nature is contacted in order to get the best possible representation as well as help necessary for these kinds of unfortunate scenarios.

Non-medical Causes of Cerebral Palsy

By on 3-15-2015 in Injury

Cerebral palsy is characterized by impairment to a child’s motor skills and, sometimes, cognition because of injury to, or abnormal development of, the brain. Cerebral palsy is actually a group of brain disorders due to injury to the brain before, during or after birth (including the first years of the child’s life).

While some cases of CP have unknown causes, others are said to be due to premature birth, extremely low birth weight, pelvic inflammatory infections, blood clotting in the placenta, inflammation of the umbilical cord, vaginal bleeding, fetal stroke, lack of oxygen supply to the fetus’ brain, head injury during labor and delivery, brain damage or malformation of the brain due to congenital causes, severe cases of jaundice, improper care for the pregnant woman, alcohol or drug dependence by the pregnant woman, and so forth. While these may be classified as among the many different medical causes of cerebral palsy, there are also known non-medical causes which trigger a severe or prolonged loss of oxygen supply to the brain, thus, the development of the disorder. The non-medical causes of cerebral palsy are child abuse, a forceful or violent blow to the child’s head, head trauma due to a car accident, fall, or a near-drowning experience.

Cerebral palsy affects a child’s movement, balance and posture. The impairment this brain injury causes can be partial or total, depending on the severity of the injury and the area of the brain affected. While some impairments may affect only both arms, both legs or both limbs on one side of the body, there is a type, called Spastic quadriplegia, which renders all four limbs of a child without feeling and control. This particular type of cerebral palsy also happens to be the worst type of the disorder and it would necessitate constant care and full attention to the child.

Cerebral palsy is a major health concern in all US states. There are more than 500,000 children (more than 760,000 with the inclusion of adults) who are currently suffering from this injury and, every year, 10,000 new babies and children are added to the count, making it the most common neurological or brain disorder in children.

With the founding of the Cerebral Palsy Research Registry (CPRR) in Chicago, many families will be benefited with a deeper understanding about the disorder. The CPRR is a multi-institutional collaborative effort that is dedicated to helping improve understanding about cerebral palsy. Through cases of cerebral palsy in Chicago are hoped to have significantly decreased, those already afflicted with it are expected to receive still improved treatment which may help them get back on their feet.

Types of Fractures

By on 2-08-2015 in Injury

According to WebMD, fracture is the medical term for broken bone. A very common occurrence, on average people get two fractures in their lifetime. Fractures occur when the bone is weaker than the forces exerted on it. Law firm Crowe and Mulvey, LLP says on its website that fractures are often the result of slip and fall accidents.

They are most common in children because of their active lifestyles, but adults usually break bones doing simpler tasks since their bones are more brittle.

There are many different types of fractures that range in shape and severity.

Displaced fractures occur when the bone is in two or more parts and the ends are not aligned.

A non-displaced fracture is when a bone is cracked partially or fully, and the ends are lined up straight.

Closed fractures happen when the bone is broken but there is no puncture or open wound.

Open fractures are classified as a broken bone that goes through the skin. This type of fracture is susceptible to infection.

Greenstick fractures are when the bone is not broken, but rather bent. This type of fracture is common in children.

Transverse fractures are bones broken at a right angle to the bone’s axis.

An oblique fracture happens when the pattern of the break is sloped or curved.

Comminuted fractures are when the bone is broken into several pieces.

Impacted fractures are commonly referred to as a buckle fracture. Impacted fractures happen when the ends of the bone are driven together. These are common arm fractures in children.

Pathologic fractures are caused by disease that weakens bones.

Common complications include blood vessel and nerve damage and bone infections. Fractures can take anywhere from weeks to months to heal, depending on what type it is and how it is taken care of. Always consult a doctor if you believe you may have a fracture.

Dangerous Pharmaceuticals: More Common than You Think

By on 9-04-2014 in Injury, Pharmacy Danger

Most product liability claims are from defective or dangerous side effect caused by pharmaceutical drugs. What many consumers do not understand is that many of these prescription drugs do come with serious risks, and are only prescribed as if the benefits weigh more than the risks. A lawsuit is only valid if you as the consumer was not made aware by the doctor or the manufacturer (through product warnings and indications) regarding the risks that come with taking the prescription drugs.

There are many ways that a prescription medication, along with the doctor of pharmaceutical company, can be held accountable for product liability. If you ask a Risperdal lawyer, many of the cases that involved Risperdal is due to the unapproved uses of the medication, rather than the risks it comes with. There are risks of side effects for those who take Risperdal, but most lawsuits come from patients who suffered side effect because they have been prescribed Risperdal even when it is an unapproved treatment for the condition.

As for the case of Yaz and its sister birth control medications, serious risks of blood clots can develop after long term use. This danger was not reported earlier and has only been made public after many women suffered from kidney disorders, migraines, and increased risks of hypertension, blood clots and a host of many others. Despite the rising number of lawsuits being filed against Bayer (manufacturer of Yaz), the FDA has yet to recall the birth control pill. Even with a Yaz lawyer that would help in filing the lawsuit, many victims are still struggling with getting compensation for the dangers and damages that they had endured after taking Yaz.

Viagra, on the other hand, is one of the latest medications that are facing lawsuits. Despite being out in the market since 1998, many users of Viagra have reportedly been known to have increased risks of melanoma. Melanoma is type of skin cancer that can lead to serious consequences or even death if not treated early. For those who have developed an increased risk of melanoma due to taking Viagra should contact a lawsuit for possible Viagra lawsuit.

A product liability lawsuit caused by a dangerous prescription drug can be hard to win, since there are many things that come into play, such as FDA warnings, doctors’ information, prescription legitimacy, and many others. Many patients often claim of suffering from serious side effects caused by the prescribed drug, but evidence should directly point out to the drug in question in order to have a valid lawsuit. Additionally, if your doctor or the medication has clearly indicated the risks involved with taking the medication and you have decide on your own to take it, then it can be difficult to have legal claims even with a lawyer.

Riding a Limousine has its Benefits

By on 9-04-2014 in Limousines

Going around a new city or even to an event may be made easier by hiring a limousine. Many people may think that limousines are only for the rich and privileged, but this is no longer true. Limousine services are offered in many companies as another alternative to taxis, and they cost pretty much the same. Traveling in a limousine not only gives you the feeling of luxury, but most importantly it makes traveling easier, more comfortable, and safer.

One of the best things that hiring a limousine does is the safety and comfort that a limousine can provide. Public transportation can be such as hassle and stressful thing to go through, especially when you have a special event to go to. You have more time to prepare and won’t have to wait for too long in transit to arrive to your destination. Additionally, limousines are comfortable and well-maintained, and would therefore provide ease and convenience to their passengers.

They say everything is bigger in Texas, and the vehicle services offered can be one of the things that can attest to that. Austin limo service has been known by many as among those who can provide quality service at customer-friendly price. Apart from the comfort and ease that an Austin limo service provider can bring, traveling with a limousine have access to a number of entertainment while on the road, such as television, DVD players, and internet among others.

Having a limousine service may give you comfort and ease, but hiring one to service your clients or costumers can also be beneficial to your business as well. Being well taken care of in a professional manner can really impress your customers or clients, and make them feel really welcomed and more valued. Going out of town and enjoying a party or special occasion will only be better when you don’t have to worry about designating a driver or risking driving drunk and getting into an accident. Additionally, hiring a limousine would rid you the stress of traffic, detour, parking, and valet services. Regardless of the type of event or occasion, having a limousine service can make it a very memorable time, with lasting positive impression.