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Three of the Most Common Semi-Truck Accidents

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When crisscrossing the country, truck drivers may encounter some difficult circumstances. First, they have the weather to contend with moving from one type of climate to another. Then, they must also be able to successfully and safely deal with changing terrain, like mountainous areas.

Staying safe behind the wheel is the goal of every driver. When it comes to those who drive a tractor-trailer, this becomes a matter of life and death. The rate of fatalities in a truck accident is higher than any other vehicle. This applies to both the driver of the cars impacted and the driver of the semi. When it comes to an accident with a heavy machine, the odds of coming out with severe injuries depends on a few factors, one of which is the type of accident. Familiarize yourself with the most common accidents semi-trucks get in every day.

  1. Jack-knife 

If a trucker needs to apply the brakes suddenly, it may cause the semi to jack-knife. This accident causes the trailer to be brought forward towards the cab of the rig. When the semi finally comes to a stop, it usually does so at a 90-degree angle. If there are vehicles within the path of a jack-knifing semi, they may suffer severe damage, and the occupants may sustain catastrophic injuries.

  1. Tire Blow Out 

A tire on any vehicle can blow out. The usual causes are degraded tread, low tire pressure, and debris kicked up from the road that compromises the integrity of the tire. A tire blow-out on a semi-truck may cause it to swerve uncontrollably between lanes. It may sway into a barricade or off to the side of the road. There are times when a single tire blow-out may result in subsequent ones, which makes it almost impossible for the driver to maintain any control. Impacting an out-of-control semi would meet with disastrous consequences.

  1. Rollover 

Tractor-trailers carry heavy loads and during transit, these items can shift. If the driver needs to make an evasive maneuver to avoid a collision or an obstacle, the load may become unbalanced. The unfortunate side effect of this is a sudden jerk of the wheel, which causes the weight to shift may also cause the trailer to turn over. Rollover accidents are some of the most serious. They typically cover the roadway and steamroll over other vehicles.

Accidents involving semi-trucks are cause for serious concern. They often result in catastrophic injuries for occupants of surrounding vehicles and the semi driver. Consult a trucking accident lawyer in Trenton, NJ if you have experienced this type of trauma first hand.

Thanks to Davis & Brusca for their insight into personal injury claims and common truck accidents.

Why It’s Difficult to Obtain Compensation After a Truck Accident

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Truck Accident Compensation

Losses experienced in a typical car accident can be life-altering. However, when a standard vehicle is impacted by a semi-truck, then the issue escalates to life-threatening. While each collision is dangerous, there are different rules governing each incident. For example, a typical car crash is handled through personal auto insurance policies, but semi-truck involved accidents usually involve commercial insurance. While this singular difference might not seem that significant, it contributes to at least three other reasons that it is difficult to obtain compensation after being involved in an accident with a commercial truck.

  1. Trucking Companies

One of the leading reasons these types of accidents are so tricky is that trucking companies are complex entities. Truckers typically work for huge, multi-state corporations and the trucks they drive are usually owned by those same companies. These professional institutions have deep pockets, enabling them to fight lengthy legal battles. Also, their extensive finances allow them to hire top tier legal teams and representation. The only job of these legal teams is to minimize the exposure and liability for the company.

  1. Federal Regulations

Federal regulations, or, more specifically, the Federal Motor Carrier Safety Administration, govern the licensing of commercial drivers and the trucking companies. The FMCSA has set standard practices for the number of hours a driver can spend behind the wheel. They have also determined the safe loading and offloading methods for commercial truckers. Also, they have implemented standards for maintenance schedules. While all of these rules and regulations sound like they should help you win your case, these regulations are complex and in-depth, meaning that to find any culpability on the companies behalf, you will need an experienced attorney.

  1. Lawyers

In regards to the attorney you hire, find one who is experienced in trucking company accidents. While most car accidents fall under the general area of law known as personal injury, not all damages are created equal. You might find an attorney who specializes in car accidents, but how many of their cases have involved commercial vehicles and insurers? The regulations set forth by the FMCSA are detailed and complicated. An attorney who has little experience with these regulations will find it difficult to argue your case. Find a lawyer with experience fighting against commercial trucking companies.

Car accidents involving semi-trucks are not cut-and-dry. Commercial drivers work for large, multi-state agencies, and they usually do not own the truck. These companies have deep pockets and are likely willing to fight, and the regulations governing these companies are complicated and confusing. Therefore, to give your case the best possible chance, contact an experienced truck accident lawyer in St. Paul, MN.

 

Thanks to Johnston Martineau, PLLP for their insight into personal injury claims and why it’s hard to get compensated after a truck accident.

 

Things You May Not Expect From a DUI Conviction

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DUI Convictions

If you get convicted of a DUI, you’re likely going to lose your driving privileges. What you may not know, however, is that there are other ways your life will be impacted, too, and some of the effects can last for years. Contact a DUI lawyer in Denver, CO if you are currently facing a DUI charge so you have the strongest chance of the best possible outcome in your particular case.

Multiple Fines and Fees

Court costs and fines often apply to DUI convictions, and these expenses can add up quickly. First-time offenders in many states end up paying in excess of $1,000, and for a person who has a previous DUI conviction, fines can run into the thousands.

Loss of Employment

You could lose your job due to a DUI charge or conviction, depending on where you work, what you do and how willing your employer is to accommodate the time you need off from work to handle things associated with your case. If you drive a vehicle for your job, you will find it tough, if not impossible, to keep that job after a conviction.

A DUI conviction can also hurt your chances of getting a different job in the future. Since it is a felony, it has to go on job applications and will show up on your background check.

Insurance Hikes and Troubles

Your car insurance carrier can drop you for many reasons, including a DUI conviction. You may be able to get a policy with another company, but it will be expensive. Just one DUI conviction is enough to cause your premium to double.

A DUI conviction can also impact home and health insurance rates. This is because a DUI is treated as a risk factor, signaling poor decision-making.

DUI Classes and Ignition Lock Devices

After you’ve been convicted of a DUI, you may have to get an interlock ignition device on your car in order to drive. This will come at your own cost, and you must use it to start the car by providing a breath sample. The device estimates your blood alcohol level and determines if the car should start based on the result. In addition to the device, you may have to take alcohol and DUI-related education classes, which you will also have to pay for.

Loss of a Professional License

Many professions have bodies that govern their licenses, such as lawyers and doctors. If you belong to one of these professions, you could have your professional license revoked if you are convicted of a DUI. Generally, this doesn’t happen unless you have a poor track record, but many associations do have the ability to revoke a license for a felony.

Many things can happen to you once you’ve been convicted of a DUI, and your life will be impacted as soon as you are charged. Don’t wait to get help until it’s too late; the best Denver DUI lawyer can start working to protect your rights and your future from the very start of your case.

 

Thanks to Richard J. Banta, P.C. for their insight into criminal law and DUI charges.

 

Financial Nursing Home Abuse

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When people think of abuse, one of the most common kinds they think of is likely physical abuse. Although physical abuse is one of the more common types of abuse seen at a nursing home, you may be worried that your elderly loved one is a victim of financial abuse. Nursing homes are supposed to be safe spaces for your loved one, especially when you are unable to take care of their physical or mental needs as they age. However, financial abuse can happen, and the nursing home abuse attorneys want to make sure you understand the signs to look out for. Unfortunately, nursing home abuse can take many forms, and if you do not know what to look out for your loved one may continue to be a victim.

 

Why are elderly people in nursing homes at such a high risk?

When your loved one is in a nursing home, they are at a much higher risk for financial exploitation for many reasons. One reason may be that they are suffering from some type of mental incapacitation and are unable to understand that someone is taking advantage of them. It is also possible that they have a physical problem that makes it hard for them to see what someone else is doing to them financially, and their failing eyesight can be a contributing factor.  This means that they might rely on someone at the nursing home to take care of their basic financial tasks.

 

What are common types of financial abuse with nursing home patients?

There are a few common types of financial abuse that occur with nursing home residents, including:

 

  •     Scams
  •     Bank Account Theft
  •     Healthcare Fraud
  •     Identity Theft

 

I’m worried that my loved one might be a victim of financial abuse. What are the warning signs that I should look out for?

There are a few warning signs you can look out for if you believe your loved one is at risk or is already a victim.

 

  •     Your loved one has unexpected credit card charges.
  •     Your loved one has unexpected withdrawals from their account.
  •     Your loved one’s money or property is disappearing.
  •     Your loved one has a sudden change to their will.
  •     Your loved one has added beneficiaries to their life insurance policies.
  •     Your loved one has unexpected bills that are growing.

 

Any of these could be a sign that your loved one is the victim of financial abuse, and because of the position their caregivers are in on a daily basis, they may have easy access to your loved one’s bank account information.

 

What should I do?

When you believe your family member is a victim, you should call a nursing home injury lawyer in NJ as soon as possible so that we can get to the bottom of their financial abuse. They want to make sure your loved one is in a place that is safe and cares for them during their golden years.

 

Thanks to Davis & Brusca for their insight into personal injury claims and financial nursing home abuse.

 

NY Driver Charged in Deadly Pedestrian Accident

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Personal Injury Attorney

CBS New York is reporting that a delivery driver who allegedly hit one pedestrian and dragged another to her death has been charged with fleeing the scene of an accident that resulted in death and leaving the scene of an accident that caused injury (https://newyork.cbslocal.com/2019/07/30/north-babylon-deadly-hit-and-run/). His license also has been suspended in the interest of public safety, and he is currently being held on $100,000 bail.

Donnell Hicks, a 26-year-old man from Queens, New York City, remained silent as he was brought from the police station into the court for his arraignment. He also showed little emotion as the prosecutors described how he, a delivery man who worked for auto parts retailer AutoZone, admitted his part to the arresting officers in the fatal hit-and-run accident.

According to police, Hicks was in front of AutoZone in the Hamlet of North Babylon, Long Island, when he struck Ann Marie Christina, a 38-year-old woman from the East Quogue district of Long Island. He dragged her body for several blocks–a quarter mile in total, according to the documents filed in court–before stopping. He also hit 40-year-old Eric Krems, who was with Christina at the time but was not caught under the van and dragged. Krems suffered minor injuries in the incident and has since been treated and released from an area hospital.

In court, prosecutors stated that Hicks told police officers that he knew that there was something under his van after he left the AutoZone lot but continued driving along his usual route anyway. He also acknowledged that people were yelling at him to stop as he drove along the street, and that he heard a woman screaming the entire time but did not know that she was under his delivery van. According to Hicks’ statement, he made a turn onto a side street, stopped and then saw the victim, whom he believed was still alive at the time. He then left her there to go make his next scheduled delivery, telling police that he had to get to his next job on the route.

Christina was rushed to a nearby hospital, but she did not survive the horrifying accident.

Just one hour after this deadly hit-and-run, police were able to arrest Hicks at another AutoZone location.

Auto-pedestrian accidents are often deadly for the person on foot. A person who is walking lacks the protection a motor vehicle affords its driver, and the sheer difference in weight, size and speed between a car and pedestrian often leaves the pedestrian in the most danger in an accident. According to the Centers for Disease Control and Protection, there is an average of one pedestrian-accident-related death in the US every 1.5 hours (https://www.cdc.gov/motorvehiclesafety/pedestrian_safety/index.html).

If you have been involved in an auto-pedestrian accident, you may be entitled to compensation for your injuries, losses, and pain and suffering. Consult an experienced pedestrian accident lawyer in Denver, CO about your case today to protect your rights and receive fair compensation for your losses stemming from the accident.

 


 

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and pedestrian accidents.

Meconium Aspiration

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Meconium Aspiration

After nine months of preparing and waiting, there can be nothing more devastating for parents to hear that their newborn has suffered a birth injury. If your child has suffered injuries during labor or delivery due to medical negligence, contact a law office today.

One of the common preventable errors lawyers see is meconium aspiration syndrome (MAS). When a baby is in its mother’s womb, it does not breathe oxygen through the lungs. This is because the baby is totally surrounded by amniotic fluid. Oxygen is delivered to the baby through the umbilical cord.

As the baby develops, it will take what are often referred to as practice breaths. These breaths draw clean amniotic fluid into the baby’s lungs, however, there is no harm to the baby at all.

Just before or during the baby’s birth, the baby may excrete feces into the amniotic fluid. This is referred to as meconium. If the baby inhales or aspirated the meconium, the meconium can become trapped in the airways and the baby may not be able to breathe upon delivery.

MAS occurs in about 11 percent of all births. In most cases, medical professionals will recognize this is happening and will quickly take the steps to treat it. But if they fail to recognize the baby is in distress and the meconium is not removed, the infant can be left with brain damage, lung damage, and permanent hearing loss.

Prompt treatment of meconium aspiration is not difficult since the signs of MAS is easily identifiable. Treatment should begin even before the baby comes fully out of the birth canal. Medical staff should clear the baby’s airway, making sure the baby is receiving enough oxygen. Treatment for or to prevent airway infections should also be administered. In severe cases, the medical team can use an extracorporeal membrane oxygenation (ECMO) machine, which acts an artificial heart and lung system and makes sure the baby is receiving enough oxygenated blood flow.

There are some factors that indicate that a baby may be more at risk for meconium aspiration, increasing the possibility that the baby will release meconium and breathe it in during delivery:

  •       The baby was born past 40 weeks gestation
  •       The mother had a uterine infection
  •       The baby experienced some type of distress during delivery

Contact a Birth Injury Attorney Today

If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact a birth injury attorney in Phoenix, AZ today. They will schedule a free case evaluation and determine what kind of financial compensation your family may be entitled to.

 

Thanks to Rispoli Law, PLLC for their insight into personal injury claims and birth injuries involving meconium aspirations.

Common Theft Defenses

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If you have recently been charged with theft, you probably feel overwhelmed and scared. You worry about the potential consequences it may have on your future employment, housing situation and personal relationships. However, if you hire an experienced criminal defense lawyer, he or she can build you a strong defense, increasing the chance of a better outcome on your case.

 

Here are some of the most common theft defenses:

 

Claim of Right or Ownership of Property

 

If you’ve been charged with theft, you may be able to defend your case if you can prove that you honestly believed that the property was yours. However, this defense isn’t as simple as just saying you thought the property was yours. Your criminal defense lawyer may be able to help you find the appropriate evidence to support your claim that you believed the property was yours.

 

It Was an Accident

 

To get convicted of theft, it must be proven that you intentionally took property and knew that you weren’t going to give it back. If you committed theft by a complete accident, you may have a valid defense. For example, let’s say you were at a grocery store and opened up a bottle of soda and drank it while you were shopping. When you came up to the cash register, you forgot to tell the cashier to charge you for the soda. You may be able to claim that you didn’t mean to commit theft.

 

You Were Intoxicated

 

If you were under the influence of drugs or alcohol at the time of the theft, you may be able to use that as your defense. This is because intoxication can impair your judgment and you could mistakenly take an item you thought belonged to you. For instance, if you were at a bar and took someone’s jacket by mistake because you were too drunk, you may have a good defense.

 

Entrapment

 

It’s also possible to get out of a theft charge if you can prove entrapment. The entrapment defense could come into play if the idea to steal came from the entrapping person, with the goal of prosecuting the targeted individual. 

 

Consulting With a Criminal Defense Lawyer

 

If you were charged with theft, it’s important to talk to an experienced criminal defense lawyer about your case as soon as possible. Theft is a serious charge and shouldn’t be taken lightly. A criminal defense lawyer in Arlington, VA can build you a strong defense, offer protection from the police and represent you in court.

 

Thanks to May Law, LLP for their insight into criminal law and common defenses for theft.

Who Can You Sue for a Tire Blowout in Trucks?

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A truck driver can easily lose control of the massive vehicle, which can be difficult to handle even when all of its components are in proper condition. Tire blowouts are a serious cause of trucking accidents across the nation.

WHO CAN VBE LIABLE FOR A TIRE BLOWOUT?

When the tire blowout occurs, a lawsuit can be brought against the trucker or the trucking company for failing to inspect and maintain the tire’s condition or against the manufacturer of a tire that may have been put on the truck in a defective condition. Sometimes, such as in cases with 18 wheelers, there are so many tires that one blown tire does not affect the vehicle that significantly, but this is not always the case.

The truck driver is always responsible for inspecting their vehicle before driving at all times. Failure to do so could result in the truck driver overlooking a serious tire flaw or another defect.

Truck drivers could specifically be liable in cases when:

  • They failed to uphold their duty to inspect.
    Drivers are legally required to inspect their vehicle for any noticeable problems. Tires can have visible signs of wear and tear on them that can alert drivers to the need to update their tires, such as cracks, being threadbare, or other issues.
  • They failed to hold their duty to not drive with defective equipment.
    A driver should be aware of whether or not their tires are defective, especially a commercial driver. Any recalls or notices from a tire seller or manufacturer should be acted upon promptly so that these defective tires can be repaired or replaced.

By ignoring these problems, they are sacrificing safety for time-effectiveness and should be held accountable. In cases of blowout where a third party is injured or possibly even killed, the truck driver is directly responsible for negligence, although their employer is indirectly responsible.

WHEN A MANUFACTURER OR RETAILER MAY BE AT FAULT

Drivers aren’t the only party responsible for tire safety. Some incidents involving tire blowouts may be out of their control if a manufacturer or retailer negligently or intentionally sold them a defective or damaged tire and failed to warn or provide the necessary information to the truck driver. In some cases, a tire may not have been repaired correctly or identified by an installer when brought in for inspection. This means that a manufacturer or installer may be partially liable for any damages caused in a tire blowout accident.

Whether the tire was installed incorrectly or a driver overlooked a defective, tire blowout cases can be difficult to litigate. You need a seasoned truck accident lawyer, like a Philadelphia tire blowout lawyer,  on your side today!

Thanks to Wieand Law Firm for insight into tire blow outs.

Should My Ex and I Consider Parallel Parenting?

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Personal Injury Lawyer

If your relationship with your child’s other parent is tense and prone to high levels of conflict, you may be wondering how you can ever reach a place where you can co-parent effectively. Would it make you feel relieved to learn that you may be able to alter that goal to a reality that is potentially both healthier and more manageable? When a child’s parents are prone to tension and conflict, a traditional co-parenting model may not be the right choice for that parenting relationship. Instead, with the help of an experienced family law attorney, a child’s parents may be able to lay a foundation for a healthy, effective parallel parenting relationship instead.

Parallel Parenting – The Basics

In a traditional co-parenting relationship, a child’s parents regularly communicate in order to make mutual decisions related to that child’s welfare. A parallel parenting relationship minimizes the amount of communication required between parents in order to cut down on the potential for conflict. Certainly, if parents have joint legal and/or physical custody of their child, some communication is necessary. Determining where a child will go to school and whether a child will undergo a major medical procedure will necessitate communication between both parents. However, day-to-day decision-making is largely kept separate in a parallel parenting situation. Subject to any restrictions outlined in a child’s parenting agreement, parents are allowed to make general decisions for their child whenever that child is in their individual care.

It can be difficult to let go of control over one’s child when that child is with his or her other parent. But in exchange for this release of control, an individual parent assumes the right to be free of the child’s other parent’s control when that child is entrusted into that parent’s care. This arrangement can potentially empower a family to behave in healthier lower-conflict ways that directly benefit any minor children affected by a high-conflict parenting relationship.

Legal Guidance Is Available

If you have questions about child custody determinations, parenting agreements, co-parenting or parallel parenting, please do not hesitate to connect with an experienced family law attorney today. There is no single “right” way to parent a child. This reality holds true whether parents remain romantically involved or have gone their separate ways. Experienced family law attorneys are invested in helping parents find the healthiest arrangement possible in pursuit of their children’s best interests. If parallel parenting seems like a healthy alternative to co-parenting for your family, our firm can help devise a solid legal strategy that will support that arrangement.

Consultations are generally confidential, so you should not feel shy or otherwise hesitant about seeking legal guidance and exploring your options. Similarly, speaking with a child custody lawyer in Austin, TX will not commit you to any particular action, so you should feel free to reach out. If your relationship with your child’s other parent could benefit from a parallel approach, please consider reaching out today. There is no time like the present to build a stronger, healthier reality for you, your child and your family generally.  

 


 

Thanks to Gray Becker, P.C. for their insight into family law and parallel parenting.

Summer Camp Injury

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Personal Injury Attorney Dekalb County, GA

So you and your children have been awaiting for the summer break. Finally a time for them to relax and have fun. Much like sending your child to school, when you allow your children to spend time at these summer camp facilities, while always prepared, you do not anticipate your child suffering an injury of any kind. Your child is to be looked after and cared for while at summer camp, and if an injury is somehow sustained, just like any other injury case, someone must be held responsible. If a summer camp was unsuccessful in keeping you or someone you knows child safe, there are appropriate steps to take to ensure that the person responsible takes care of some or all of the damages.

The person with guardianship of the child must prove that the summer camp the child was injured at failed to hold up their end of care. Or in personal injury terms, the parent must prove “negligence”. This means, the parent must show that the summer camp and its staff had a responsible to uphold and did not do so to the fullest extent. More specifically, there are a few things that must be proven:

The summer camp was actually responsible for preventing any injuries that can be predicted. Such as making sure any outdoor equipment like slides and swings are properly secured and safe for use. In order to claim the summer camp was responsible and negligent, they must have breached that duty by failing to provide secure equipment. This occurs when maybe a screw was not secured, or even parts of a swing is broken. This failure must have led to the injury the child sustained. Maybe the swing set was not securely screwed and the child sat on it and fell, breaking his or her arm. This arm break, or any injury sustained will then be something most victims will seek compensation for.

An injury alone does not always mean it is the responsibility of the summer camp and its staff. Proving there was negligence is sometimes clear, other times it may be difficult and for this reason it is always best to speak with a skilled personal injury attorney that will be able to review and investigate the details of your claims and seek all damages owed to you, if any. If you or someone you know has been a victim of an injury at a summer camp, contact a personal injury attorney in Dekalb County, GA from Andrew R. Lynch, P.C. as soon as possible, there may be compensation for you to claim for your damages.