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Far Too Many Ways A Truck Can Be Involved In A Wreck

February 26, 2018

Truck accidents are so scary for a lot of reasons. Any auto accident is scary, of course. But with smaller vehicles, there is less power and force that goes into the crash itself when compared to an accident that involves a multi-ton, 18-wheel behemoth of a vehicle. Trucks are just far more dangerous when they are involved in a crash than practically any other vehicle. When a truck crash does happen, the victims often suffer debilitating, catastrophic or fatal injuries.

How these accidents happen vary from wreck to wreck. In some cases, it is actually a passenger vehicle or other vehicle that causes the wreck. This can happen for many reasons, such as driving in a truck’s blind spot, quickly changing lanes in front of a truck, braking suddenly in front of a truck, or just operating your vehicle in an unsafe manner near the truck.

But on the other side of the equation, there are plenty of reasons why a truck driver or a trucking company could be at fault for a truck accident. The driver could be negligent due to substance abuse, fatigue, or using a cell phone. The trucking company could be at fault for allowing drivers to circumvent rest laws. And the truck itself could be improperly loaded or maintained, leading to wider questions about liability.

Whatever the reason for a truck accident, the victim deserves justice for the financial and physical harm they suffered.

 

Source: FindLaw, “Common Causes of Truck Accidents,” Accessed Feb. 27, 2018

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US Tennis Player Wins Slip And Fall Lawsuit

February 23, 2018

If you’ve been hearing the name Eugenie Bouchard in the news recently, it is for good reason. She was formerly ranked 5th in the world among women’s tennis players in 2014, and was coming off a tremendous season that saw successful stints in some of the major events on the tennis calendar. While her 2015 season wasn’t as noteworthy, she was still a successful player — until September.

In that month, she was completing a mixed doubles match at the U.S. Open. After the match, she went to the locker room to get to the physiotherapy area. During this walk, she slipped and fell on a foreign, slippery substance which has since been identified as “Oasis 299.” This is a cleaning product, and it clearly wasn’t applied or utilized properly. Bouchard suffered a concussion that derailed her career, and the substance also burned her skin after she fell.

Bouchard sued the U.S. Tennis Association, and this week her case was finally heard. A jury determined the USTA was 75 percent at fault for the slip and fall, and though it is unknown at this time exactly what the monetary reward will be, Bouchard and her attorneys were seeking “millions and millions” in damages.

The point of this story is to show how a slip and fall incident is so dangerous. It can change the life of the victim, causing serious pain, mental anguish, and damage to their career. When a slip and fall happens, the victim must consider their legal rights and prepare to hold the negligent parties involved in the matter responsible.

 

Source: Deadspin, “Jury Finds USTA Liable For Eugenie Bouchard’s Slip And Fall In U.S. Open Locker Room,” Giri Nathan, Feb. 22, 2018

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Sudden 2-Year Spike In Crash Fatalities Is Worrying

February 21, 2018

1963 was the first year that more than 40,000 people died in motor vehicle accidents in the United States. This was a combination of the vehicles becoming more widely used and a dreadful lack of safety equipment available on them. The rules of the road were also much different back then.

However, for nearly three decades the figure stayed above 40,000 deaths per year, and routinely jumped above 50,000 deaths per year. It wasn’t until 1992 that it dropped below 40,000, and then it immediately went back above it the following year, and remained there until 2008.

That was the year of a major change, and ever since the motor vehicle fatality rate has stayed beneath 40,000 deaths per year. It reached a modern era low of 32,479 deaths in 2011, and it seemed poised to remain at these lower levels well into the future. But a funny thing happened: the last two years of recorded data saw dramatic upticks in the number of people dying in car accidents.

No one is entirely sure why it is happening, but in 2016 there were 37,461 motor vehicle accident fatalities.

Of course, distracted driving is an easy culprit to point to, and for good reason. People have become so enamored with their cell phones that using one while driving has become commonplace. It will be interesting to see where the data goes from here, as road laws may need to change to ensure that safety improves.

 

Source: Wikipedia, “Motor vehicle fatality rate in U.S. by year,” Accessed Feb. 21, 2018

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Sleep-Deprived Truckers A Danger

February 10, 2018

It was just three days before Christmas when a pair of semi trucks collided on I-40 outside of Albuquerque. The crash occurred when one of the 18-wheelers crossed the center median and drove into oncoming traffic. A passenger in the other semi-truck was killed, three others were taken to the hospital, one with critical injuries. Police believe the driver was fatigued and may have fallen asleep.

Actor Tracy Morgan has recently returned to work after a car versus tractor-trailer accident in 2014. Morgan’s vehicle was hit by an 18-wheeler truck that never slowed down for slower posted speeds in a construction zone. The crash involved 21 people and six vehicles. Investigators discovered the driver who caused the accident—and Morgan’s subsequent traumatic brain injury—had been awake for 28 hours at the time of the crash and is believed to have dozed off.

A leading cause of accidents in America

Annually, around 100,000 accidents can be attributed to drivers who doze off behind the wheel according to National Highway Transportation Safety Administration estimates. Also, they estimate that drowsy drivers may cause as many as 1,500 deaths and 40,000 injuries. Up to 20 percent of all large truck accidents are due to drowsy or fatigued driving.

How fatigue affects a driver

Drivers who get only four or five hours of sleep have four times the crash rate—similar to an alcohol-impaired driver. Drowsy driving:

  • Decreases the driver’s ability to pay attention to the road.
  • Slows reaction time for road hazards.
  • Impairs a driver’s ability to make good decisions.

Federal mandated breaks for commercial drivers

The Federal Motor Carrier Safety Administration has enacted a set of regulations that govern the way truck drivers do their jobs. These regulations were developed specifically to ensure their safety and the safety of everyone sharing the road with them. The rules regarding a driver’s hours of service require that:

  • Once a driver is at work, the driver has a maximum work/driving combination of 14 hours before needing to go off duty for 10 hours.
  • During the driver’s 14-hour shift, they can drive a maximum of 11 hours.
  • A truck driver has a maximum work/driving combination of 60 hours in a seven day period.

USA Today discovers fatigue regulation abuse

A recent story from the USA Today Network analyzed more than 30 million electronic timestamps from the gates at the ports of Long Beach and Los Angeles. What they found was a rampant disregard for federal fatigue rules. The investigation discovered that trucks serving these two ports, on average, operated without this break 470 times a day. Those vehicles were involved in at least 189 crashes within 24 hours of the law-breaking overtime driving.

After the accident

If you or a loved one are the victims of a truck accident, life can turn catastrophic in the blink of an eye—or with the nod of a driver’s head. An experienced accident attorney can investigate the accident to determine liability. Your attorney can help recover financial compensation for your lost income, medical bills and other losses and damages.

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Analyzing 2016 Dog Bite Data: Pit Bulls Involved In Many Attacks

February 3, 2018

Dogs are man’s best friend, and in most cases they are properly trained pets that adore their owners and love the people that are around them. But in certain cases, the dog may be improperly trained or display vicious and dangerous behavior. These dogs are serious threats to everyone around them, and if they snap and attack, they can cause catastrophic or even fatal injuries to unsuspecting people.

There were 31 fatalities in 2016 that were related to dog bites in the United States. From 2005 to 2016, the number of dog bite-related deaths was 392, and a vast majority of these cases involved a pit bull. Even though pit bulls only make up 6 percent of the dog population in the U.S., they were involved in 71 percent of the fatalities related to dog bites in the U.S. from 2005 to 2016.

This is the first lesson from these statistics: pit bulls are inherently powerful dogs that are often mistreated. As a result, these dogs can lash out at people and harbor aggressive behaviors. When they are involved in a dog bite incident, the possibility of injury and even death is high. Owners of these dogs need to pay special attention to their dogs, train them properly, and ensure they are secured.

The other lesson here is that dog bites affect a lot of people and families every year. These victims need to fully consider their rights and legal position in the wake of an unfortunate dog attack.

 

Source: Dogbites.org, “2016 Dog Bite Fatalities,” Accessed Jan. 30, 2018

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When iPhone Cases Attack

February 2, 2018

MixBin Electronics, a manufacturer of iPhone cases, recently recalled nearly 275,000 of its products from the market. The action was necessary after two dozen customers reported that faulty phone cases had led to chemical burns or skin irritation.

According to CBS News, the recall involves cases designed for the iPhone 6, the iPhone 6s and the iPhone 7. These cases – which were sold at Victoria’s Secret stores nationwide, among other outlets, and retailed for up to $65 – contained floating liquid glitter that was, unfortunately, prone to leaking out onto users’ hands and faces.

And, in many cases, the leaking glitter led to injury.

Many smartphone products can be harmful

This case is just the latest in a series concerning how smartphones and their accessories can be harmful to consumers. The most notorious, perhaps, came about when Samsung 7 phones began to explode, thus making them illegal to carry on airplanes. But in the decade-plus since these items became available for purchase, they have caused a wide variety of burns, bruising, scarring and other types of injury.

The Consumer Product Safety Commission has advised individuals to “immediately stop using the recalled cases.” Already, they have caused permanent scarring to one consumer, while another reported “chemical burns and swelling to her leg, face, neck, chest, upper body and hands” – everywhere a phone might touch in the course of making or receiving a call.

The cases, which one outlet notes look like a “snow globe” (and, like a snow globe, shouldn’t be shattered), were manufactured in China, but sold worldwide. The majority of the injuries occurred in the U.S.

Those who have suffered harm as a result of MixBin’s products or similar items ought to work with a qualified lawyer so as to maximize the compensation they can receive for medical care and related expenses. Burn injuries in particular can be difficult to treat, and insurance companies are quick to dispute victims’ claims and offer paltry settlements. It is in consumers’ best interests, therefore, to find knowledgeable and experienced legal help.

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How Retailers Like Target And J. Crew Contribute To Truck Wrecks

February 1, 2018

Trucking accidents are not always the fault of truck drivers. Nor are they caused by mechanical failures within the trucks themselves. Rather, as detailed in a series of recent investigative articles published in USA Today, many tractor-trailer collisions can be traced back to the trucking companies that hire drivers, as well as the retail outlets that they service.

Specifically, owing to demands that stem from the retail industry, many truck drivers are forced to work shifts as long as 20 hours, are disallowed from going home, and even, in some cases, work off-the-clock – that is, for free. Failing to go along will result in being laid off. Such practices (which clearly violate federal labor  laws) are a primary contributor to driver fatigue, which in turn is a primary factor of trucking accidents.

What did USA Today learn?

Some key takeaways from the USA Today report, which reveal how systemic pressures make trucking needlessly dangerous, include:

  • Dozens of Fortune 500 companies, such as Target and other major retailers, have paid lobbyists more than $12 million to fight bills that would ensure truckers receive a minimum wage and other basic protections.
  • Dispatchers would schedule truckers for shifts of up to 20 hours, despite a federally mandated 11-hour limit. In many cases, truckers were forced to claim 11 hours on their timesheets, and were not compensated for the additional hours. This is so that the trucking companies can keep their costs down, and offer the lowest bid for trucking contracts.
  • Trucking company managers physically bar truckers from going home after a shift, keeping lot gates locked and then sending drivers back to work with minimal rest.
  • Managers and supervisors create a “culture of fear,” by threatening to fire drivers if they don’t comply.
  • Some trucking companies charge their drivers a weekly fee for company toilet paper and other necessary supplies.

These are just a few of the means by which truckers are mistreated. Of course, the abuse they endure gets passed on, all too often, to other drivers on the road.

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