Employer Negligence as Contributing Factor to Truck Accidents

Despite the threats posed by 18-wheelers or big rigs on roads and highways, truck operation will never cease because of the major contribution these huge vehicles make in the U.S. economy. All the government can do is create and strictly enforce laws that will ensure the safe operation of trucks, like: qualification of drivers; use of truck parts, like brakes and tires that comply with DOT standards; maximum hours of service (HOS) that a driver can operate a truck; and, maintenance of a record of regular truck inspection and maintenance.

Obviously, however, the laws and their strict implementation are not enough as evidenced by the half a million truck accidents that cause 3,964 deaths and 95,000 injuries in 2013 alone.

Currently, there are about 2 million 18-wheelers operating in the U.S. Not all of these are operated, however, due to the lack of qualified drivers which, according to the American Trucking Associations, is at 48,000. With thousands of deliveries to complete every day, many operators require drivers to put in extra hours; drivers, on their part, push themselves to the limit, driving cross counties despite feeling fatigued and lacking sleep just so they can cover more road miles for a higher pay.

Besides allowing drivers and, sometimes, even forcing them to violate the HOS mandated by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), some operators (especially operators of small trucking firms) resort to illegal means, specifically, by hiring very young and unskilled drivers, failing to train those hired, requiring their drivers to drive longer than the allowed number of service and then asking them to alter the number of hours they have rendered in log book; and, failing to properly screen applicants for past records or driving violations – all these just to get as many job orders as they can and have these orders finished on time.

According to Tucson personal injury attorneys, trucking companies have the legal responsibility of ensuring that safety standards in regards to employees and vehicles are strictly upheld, as this will greatly affect the safety of other motorists and everyone else on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their gross negligence.

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When Your Car Accident Claim Goes To Trial

The majority of car accident claims end in settlement and rarely end in lawsuits. However, going to court can still be possible when both parties have failed to come into an agreement or the negotiations have been unsuccessful. Going to trial may be the only option of addressing the conflict, and when this happens it is important that you have an injury attorney by your side to help guide and effectively represent you during the whole process.

Trails are the conclusion or final step in court-based proceedings regarding a personal injury claim. The trail would open the opportunity for both parties to dispute against the presented evidence to the court who has the authority to hear and made final decisions regarding the case. Law firms such as the Hankey Law Office state that most car accident claims may be passed on to a judge (also called a bench trial) or a jury (jury trial). A number of states require jury trials to be requested as included in the original paper work that started the lawsuit.

During the trial, the plaintiff will be the one who have to carry the burden of proof and should present strong evidence against the defendant(s), and the defendant(s) will have to prove that the plaintiff was also negligent in their action and is solely or partly to blame for the accident and their injuries. Evidence are presented through testimonies (from the plaintiff, witnesses, doctors, etc.) and this will be cross-examined by the defendant.

After both parties have presented their evidence and given their last arguments, the judge or jury will then deliberate on the case and will have the final verdict. Once the judge or jury have made their final decision, an appeal may be filed should one party feel unhappy with the verdict. This motion can be filed in the court of appeals within a specific time period, otherwise the decision is final and both parties are not allowed to have the case tried again.

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Personal Injury Lawsuits with Big Companies

Huge corporations, notably insurance providers, medicine and medical device producers, and the oil and petroleum sectors, perpetuate the concept that personal injury lawsuits are merely ploys by unethical people to get cash from “deep pockets.” Based on the Hankey Law website, these corporations have expended lots of work to undermine the legal system ordering tort cases because they don’t wish to be kept liable for their carelessness.

It’s true that a lot of these companies are hit hard by the financial consequences of numerous personal injury claims, but it is also a fact that these types of claims deserved the verdicts they obtained, because the defendants were found negligent and that they paid.

However, it is false that individual injuries lawsuits are causing small enterprises to fail or insurance prices to rise. Insurance charges increase not because of claims but the insurance companies need to and do make more cash, as evidenced by their annual reviews. Surveys further show that small businesses are rarely influenced by suit.

It is also true that progress comes at a price. Many injury litigations take at least a couple of years to either get to trial or get resolved; a percentage of the ruling of circumstances that proceed to trial is for the complainant. Maybe on a sluggish downward tendency on equally express and federal levels, the number of lawsuits being filed is generally due to that, along with lessons learned from previous blunders by plaintiffs.

While some people have filed deceitful, even hassle, personal injury lawsuits, with the purpose to generate income from the complainant, these are circumstances that seldom see the light of day. The plaintiff has the burden of proof, plus a situation that does not have any legal foundation to proceed but may discount it out of hand will not be allowed by a judge.

You’ve got the privilege to get compensation in case you have suffered significant harm because of the neglect of a third party. Talk to a personal injury attorney in your town to evaluate your case.

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Whiplash: What You Need to Know about a Common Car Accident Injury

It’s an unfortunate fact that a significant number of car accidents take place in the United States every single year. Majority of these accidents leave plenty of people dealing with injuries and other long-term consequences. One of the most common consequences of minor car crashes is a medical condition called whiplash. This condition is caused by a forceful back-and-forth movement of the neck that typically results from rear-end collisions.

Whiplash can greatly affect a person’s ability to move their head and back. It is also a condition that gradually worsens over time. Initially, a person with whiplash might not even notice the symptoms of their condition. Otherwise, they might simply experience a slight tingling sensation or numbed feeling that can be easily written off. However, when whiplash is left untreated, the symptoms can escalate and turn into a sharp pain accompanied with dizziness, fatigue blurred vision, and ringing in the ears. In some cases, an aggravated case of whiplash can also cause depression, memory lapses, cognitive issues, insomnia, and irritability.

Unfortunately, treating whiplash can involve a long process of physical therapy and rehabilitation. This process of recovery often involves medical expenses and other financial obligations that might cause a lot of burden for the injured individual and his or her family. As such, most car accident victims that suffer whiplash have a pressing need to seek out financial assistance and compensation from those responsible for their current condition. The personal injury attorneys at Simpson Law Firm say on their website that cases of whiplash can be pursued in court to enable victims to receive the restitution they deserve. If you are currently suffering from such a condition due to a car accident, don’t hesitate to click here for more information about your legal options.

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The Jones Act: Options for Injured Maritime Workers

Maritime workers are often on the cusp of dangerous situations. Boats, ships, and vessels can be risky venues where plenty of accidents and injuries could occur. When these incidents occur, maritime workers often have limited options. Unlike land-based employees, they aren’t entitled to workers’ compensation and other related benefits. Their only options are delineated in what is called the Jones Act.

A person injured while performing work duties in a sea vessel for a particular amount of time is entitled to sue their employer for just compensation under the Jones Act. In particular, the Jones Act aims to hold employers accountable for cases of injuries caused by negligence. If an employer fails to provide the personnel with safe working conditions, maritime law mandates that they provide compensation to help the injured worker sufficient assistance as they recover from the accident.

Employers will be considered negligent as long as they fail to make sure that the vessel remains safe for all the workers onboard. For example, if an employer does not meet industry regulations in the maintenance of the ship, a maritime lawyer could prove that they have been reckless in creating a productive working environment for their employees. Another example is the employer’s inability to provide proper training for their personnel, leaving them ill-equipped to handle emergency scenarios.

According to the website of the Mokaram Law Firm’s personal injury lawyers, injured maritime workers can make a Jones Act claim to help cover a variety of damages caused by the accident. In particular, they can seek financial compensation for the cost of treatment and rehabilitation, loss of income due, as well as any psychological or emotional effects left by the tragedy. If you work in the maritime industry and believe you are entitled to the benefits of the Jones Act, don’t hesitate to contact an experienced lawyer to learn of all your legal options.

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