Truck Driver Errors That Lead To Accidents

Truck Driver Errors That Lead To Accidents

Oct 09

Truck accidents are one of the most devastating that can happen on the road. Given their sheer size and weight, collisions with trucks can often lead to serious injuries or even deaths. Driving trucks require a great skill on the part of the driver. However, no matter how skillful they are, certain human factors can cause the driver to make errors which often causes them to collide with other vehicles.

Most truck accidents would have been prevented if the driver had practiced reasonable care when driving. A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) revealed that the major cause of truck accidents is driver error. Truck drivers are issued a special license which they get after undergoing an extensive training and testing. According to the website of Pohl & Berk, LLP, the negligence and irresponsibility of the driver would likely result to serious injuries.

According to the Federal Motor Carrier Safety Administration, one the most common driver errors is associated with nonperformance. This happens when the driver falls asleep or is physically impaired. Other common driver errors include failure to recognize due to inattention or being distracted. When a driver panics, overcompensates, or exercises poor directional control, such errors can prove devastating as well. In addition, their unrealistic schedules set by their employers may lead to fatigue and poor decision making.

Accidents due to driver error may have been prevented if the driver had sufficient training on the aspect of driving technique, safety concerns, and defensive driving. Because they are paid by the mile and not per hour, truck drivers have no choice but to go as far as they can causing them to be tired and fatigued at the end of the day. They have the tendency to be in a hurry in order to cover more ground as possible.

Recovering from a Catastrophic Injury

Recovering from a Catastrophic Injury

Oct 05

The path to recovery should not be impeded by the costs of a catastrophic accident victim’s care. Nonetheless, many victims of catastrophic accidents are forced to deal with the serious financial implications of their injuries all on their own, all while still just trying to come to grips with the accident itself. The prospect of pursuing a personal injury claim may seem right now, but it is important to note that this may be your only opportunity to recover fair compensation for your injuries.

According to the website of the Law Offices of Yvonne M. Fraser, catastrophic injuries can include the following:

  • Head and Brain Injuries
  • Burn/Electrocution Injuries
  • Spinal Cord Injuries
  • Birth Injuries
  • Accidental Amputations
  • Eye Injuries
  • Toxic Substance Exposure
  • Wrongful Death

Though this is sure to be a difficult time for you and your family, if you want to have any hope of recovering compensation from the responsible party, you will need to take action quickly.

Claiming Compensation for a Catastrophic Injury

The financial burdens that usually accompany catastrophic injuries can become unmanageable fairly early on in the process of recovery. Though every injury has a unique set of circumstances to deal with, just about every catastrophic accident claim will seek compensation for the following:

  • The total costs of medical and rehabilitative care
  • The pain and suffering you have been forced to experience
  • The income you lose out on during your recovery

This can obviously create a huge financial burden and time to file for compensation is limited. This is why swift and decisive action is necessary if you want to make a claim against the person who injured you.

Promoting the Right of Workers to a Safe and Healthy Workplace

Promoting the Right of Workers to a Safe and Healthy Workplace

Aug 10

The U.S. Bureau of Labor Statistics, which conducts the Survey of Occupational Injuries and Illnesses (SOII), says that from 2012 to 2014, almost three million non-fatal workplace injuries and illnesses were recorded from the private sector, including those which occurred in office settings, construction sites and industrial sites. Though safer than construction and industrial sites, offices also expose employees to certain kinds of danger.

Office environments expose employees to various types of potential injuries which are different from other lines of work. Answering or making phone calls endlessly, or typing on a computer for nearly eight hours every day make many employees prone to developing vision problems caused by the glare of computer monitors, and hand, wrist, back and neck pains. There are risks of injuries which are common in any working environment, like: injuries sustained due to slip, fall and tripping accidents; electrocution; head or neck injuries due to supplies in stockrooms or shelves falling on employees; cut or laceration, which is a result of running into, or bumping against, a glass window, a wall, a door, a cabinet, or a chair; and health problems due to poor ventilation and poor air quality.

According to Karlin, Fleisher & Falkenberg, because safety violations put workers at an increased undue risk, any type of work environment must be excellently managed to prevent dangerous conditions from arising. Unfortunately, many employers fail to take reasonable measures to protect workers and, as a result, accidents occur with some regularity.

In order to ensure that workers are provided with a safe and healthy work environment, the Fort Worth personal injury lawyers remind employers of their legal duty in strictly observing Occupational Safety and Health Administration (OSHA) rules, regardless of the type of industry they are in. McCutchen & Sexton – The Law Firm, also says that workers are guaranteed certain rights and protections by law. If a worker is hurt on the job, then he or she may be eligible to recover money for the injuries, he or she has sustained regardless of who was responsible for the accident.

Types of Divorce

Types of Divorce

Aug 09

Divorce can be a demoralizing, frustrating and emotion-filled process, if not for both spouses, then at least to one of them. This process becomes even more frustrating if the spouses fail to reach any agreement on different divorce-related issues, which may include child custody, child support, visitation rights, alimony or spousal support, and division of properties, assets and debts.

Ending a marital union can be done in different ways. There is the traditional process, which is public and adversarial in nature, and then there are the private, friendlier and peaceful processes. These processes point to the types of divorce, with the length and cost of each process dependent on the type of divorce chosen. According to a BB Attorney, the types of divorce include:

  1. Contested Divorce. This traditional way of ending a marital union is settled in a family court. It is open to the public and can drag on for months or years depending on the number of divorce-related issues that need to be settled and the length of time before the spouses finally arrive at an agreement about such issues (these are what makes this type of divorce the most expensive). In contested divorce, people can witness how spouses destroy and discredit one another in order to win the favor of the judge who will decide on the divorce-related issues (the decision of the judge is necessary if the spouses cannot arrive at an agreement). In the end, contested divorce makes spouses turn bitter towards each other and make each other feel devastated and destitute.
  2.  Uncontested Divorce. This process of divorce is for spouses who can agree on every aspect of their divorce. This process is private, faster to settle and also costs lesser than contested divorce.
  3.  Mediated Divorce. While there may be disagreement, this is easily settled through the help and guidance of a neutral mediator who is chosen by the spouses themselves.
  4.  Collaborative Divorce. In this type of divorce, the lawyers of each spouse agree to assist their respective clients in resolving their conflicts through the use of cooperative techniques instead of adversarial strategies and litigation. This type of divorce is the latest method of alternative dispute resolution.
  5.  Simplified Divorce. This most inexpensive way of ending a marriage is a process available for divorcing couples who have no minor or dependent children born from the marriage; the wife should also not be pregnant.
  6. Military Divorce. This divorce process is for members of the U.S. military and their spouses who observe divorce laws and regulations which are quite different than those observed by regular citizens.

The complexity of the divorce process often necessitates assistance from an experienced attorney, who can help make sure that the interests of his or her client are protected. According to the Maynard Law Firm, PLLC, even in processes where there is no litigation, having a lawyer is still important as he or she will help draw up all of the binding legal documents that will formalize the terms reached by both spouses.

Maritime injury claims under the Jones Act

Maritime injury claims under the Jones Act

Jun 21

Individuals working aboard seafaring vessels are at greater risk for workplace injury and less likely to receive immediate emergency care after an incident. The Jones Act of 1920 was put in place to legally oblige employers to provide a safe workplace for seafaring workers. The Act also holds employers liable for workplace injuries caused by the employer’s negligence or recklessness. For example, under the Jones Act, an employer is accountable for an accident caused by improper maintenance of a vessel or failure to properly train a worker. An injured worker eligible under the Jones Act is entitled to compensation for their injuries from the employer or owner of the vessel.

Determining one’s eligibility to file a Jones Act claim requires evaluating the circumstances under which the injury occurred. The victim must meet the legal definition of a “seaman” to be protected under the Jones Act. According to Jones Act lawyers at Williams Kherkher, a seaman is someone who 1) spends at least 30% of his or her time at work on a vessel or specific fleet and 2) works to achieve the mission of the vessel. Further, in order to file a claim, the vessel must be “in navigation” and not docked at the time of the injury.

Even if the injury was not caused by negligence or recklessness, the employer is still responsible for the immediate “maintenance and cure” of their employee. The employer must pay the injured worker the wages he or she would have earned if not injured, and cover the cost of room and board that the employer would otherwise provide if the employee were still working.

The statute of limitations can affect Jones Act claims. An injured worker has three years to file a claim, though injuries or illnesses can manifest themselves after this period has passed. For this reason, it is important to file a claim as soon as possible after the date of the injury or incident.

What you need to know about sexual orientation discrimination in the workplace

What you need to know about sexual orientation discrimination in the workplace

Jun 20

Discrimination on the basis of sexual orientation or gender identity has been occurring in workplaces for years. Federal and state laws prohibit such discrimination, but individuals who are homosexual, bisexual, asexual, pansexual, or transgender still report encountering discriminatory barriers in the workplace on account of their sexual orientation.

Sexual orientation discrimination occurs when an individual is treated differently from other employees due to their actual or perceived orientation. Between 15 and 43 percent of gay individuals have experienced harassment or discrimination in the workplace. For transgender individuals, that number is 90 percent. Examples of sexual orientation discrimination can include not being hired, promoted, or fired specifically due to one’s sexual orientation. Further, harassment such as sexual jokes, inappropriate gestures or touching, and verbal or physical assaults can also be considered sexual orientation discrimination. Twelve to 30 percent of straight employees witnessed discrimination against their gay or transgender coworkers. Being subjected to this type of discrimination can significantly limit an individual’s ability to make a living and negatively impact one’s working environment.

Discrimination also affects company productivity, workplace satisfaction, and employee health and wellbeing.
According to New York sexual orientation discrimination attorneys of Cary Kane LLP, discrimination against an employee on the basis of sexual orientation is prohibited by Title VII when it constitutes discrimination on the basis of sexual stereotypes. This was confirmed by a recent decision on the part of the Equal Employment Opportunity Commission.

Twenty-two states and the District of Columbia expressly prohibit sexual orientation discrimination, and 20 states prohibit both sexual orientation and gender identity discrimination. Beyond federal and state legislation, a number of businesses and local entities have enacted laws protecting individuals from this type of discrimination. Public support for nondiscrimination and tolerance policies in the workplace is also increasing.

Common water quality problems in the home

Common water quality problems in the home

Jun 19

High-quality drinking water is an essential part of a family’s health. Municipalities are required to provide water that complies with federal standards, but this does not mean the water is always free of problems. An old distribution system, the plumbing in buildings, contamination, or other unknown issues can impact the quality of faucet water. Below are some common water quality problems that can be diagnosed through testing. Though these problems aren’t necessarily harmful to human health, they can be disruptive or damaging to property or homes.

Hard Water— Hard water contains high levels of dissolved calcium, magnesium, or iron. Around 85 percent of the United States’ water supply is “hard.” Hard water can dry out a person’s skin and hair or cause expensive household problems to kitchenware, clothes, or appliances. Water softener systems remove the dissolved minerals in hard water.

Chlorine—Municipalities use chlorine to kill bacteria present in drinking water, which is important to prevent public health issues. Though it is not dangerous to drink, it can damage rubber seals included with appliances and causes dry skin and hair.

Cloudy Water—According to an Austin water filters company, murky water is probably turbid and contains high levels of dissolved particles. Though turbidity can occur naturally, it can also be caused by construction or urban runoff.

Metallic taste—Metal particles such as copper and zinc can be found in tap water from corroding water distribution systems. Replacing the corroding parts can help this problem.

Earthy taste and smell— Decaying vegetation and algae can cause tap water to have a musty, earthy smell.

Rotten egg smell—Hydrogen sulfide produces this rotten egg smell. It is a corrosive gas, and can shorten the lifespan of metal appliances.

Staining—Orange or black stains in bathtubs, sinks, or toilets are caused by dissolving iron and manganese in the tap water.

Employment Law

Employment Law

Jun 18

The state of Texas has laws in place to prevent discrimination in the workplace. There are many ways that workplace discrimination can be exhibited, and if you believe that you are a victim of workplace discrimination, then according to Texas employment law, you can file a discrimination complaint to the Civil Rights Division of TWC. Being denied equal pay is just one of the many forms of workplace discrimination that the Melton Law Firm has helped workers deal with in the office.

Very worker has the right to appropriate pay equal to their skills and abilities. Equal pay laws ensure that workers will be paid equally regardless of their age, gender, race, nationality, disability. Equal pay claims are put in place to ensure that every worker’s pay is equal to their counterparts and that this pay is a suitable compensation for their work. According to the Texas Government Code Section 659.001, the Texas Equal Pay Act ensures that women who are employed in the state of Texas should receive the same salaries as men do when both are doing the same quality, grade, type, kind of service. For a long time, women have been victims of pay discriminations in the state of Texas. The Equal Pay Act hopes to prevent such discriminations from happening in the workplace and ensures that both genders receive equal pay that amounts to their work.

There may still be companies that will not provide equal pay. When this happens, the employee can file a claim against the company through the Equal Pay Act. However, with so many laws in order that protects every worker in the state of Texas, employees can now rest easy that they will have the salary that they deserve, along with the peace of mind that they can provide and take care of their families properly through their living.

The consequences of hit-and-run accidents

The consequences of hit-and-run accidents

Jun 18

Hit-and-run incidents can be some of the most challenging and complicated types of car accidents to deal with. A hit-and-run occurs when a driver is involved in a traffic accident and does not stop and offer assistance or identify themselves. The traffic accident can include a collision with another car, a pedestrian, an object, or, in some states, an animal. Hit-and-run crimes put the victim in a difficult situation. According to Pohl & Berk, LLP, victims of hit-and-run accidents not only suffer property damage and physical harm as a result, but also experience financial damages and emotional stress.

Penalties for fleeing the scene of a car accident vary from state to state and vary depending on the circumstances. The circumstances determine whether a specific incident is considered a misdemeanor or a felony. No matter the circumstances, however, the legal consequences are severe. Consequences for the driver at fault can include the suspension or loss of the individual’s driver’s license, fines of between $5,000 and $20,000, and imprisonment. In some cases, the fines imposed for a car accident are tripled if the accident is also a hit-and-run. A resulting lawsuit may also require that the driver at fault compensate the victim for medical costs and property damage. Most insurance companies will also cancel the perpetrator’s insurance policy.

According to an Oklahoma car accident lawyer, if you are involved in a car accident due to another driver’s reckless or negligent behavior, that driver may be liable for your losses. Such losses can include property damages, medical expenses, lost wages, pain and suffering, and, in some cases, wrongful death. In order to ensure the perpetrator is held accountable for their actions, lawyers at the Sampson Law Firm recommend reporting the incident to the police, identifying witnesses, taking photographs of the scene, giving a detailed description to police, and reporting the incident to your insurance company.

Understanding how the Prompt Pay Act affects medical providers

Understanding how the Prompt Pay Act affects medical providers

Jun 17

The Texas Prompt Payment Act of 2003 ensures that insurance providers compensate medical professionals for their work in a timely and fair manner. Under the Prompt Pay Act, insurers must pay electronically submitted claims within 30 days and non-electronically submitted claims within 45 days. Steep penalties accrue when companies do not provide payment appropriately, and the impacted medical care provider is entitled to compensation. Penalties exist for both late payments and for underpayment. This prevents providers from simply paying a small part of the claim before a deadline and the remainder after the deadline.

The Prompt Pay Act only applies to health maintenance organizations (HMOs) and preferred provider organizations (PPOs). Entities such as Medicare, Medicaid, CHIP, and federal employee plans are exempt.

Several conditions must be met for an individual to be eligible for a Prompt pay claim.
1) The patient must be insured by an entity covered by the Prompt Pay Act
2) The medical provider must have a contract with the insurance provider and have performed the services in an emergency or at the request of the insurance provider
3) The initially submitted claim must be “clean”: “complete, legible, and accurate”
4) The claim must have been submitted with 95 days of the provided services

A Prompt Pay case can be a lengthy battle requiring resources upfront. However, the responsible insurance provider must ultimately pay the attorney fees and costs associated with the case. Medical care providers should be equipped with these resources and the willingness to follow through with the claim. According to lawyers at Williams Kherkher, filing a claim against an HMO or PPO holds more weight when there is a high volume of unmet claims. Further, the more significant the difference between the contracted and billed rates, the more successful a Prompt Pay claim will likely be.