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Driver Fatigue: Resurfacing as a Major Cause of Truck Accidents

Posted by on Aug 18, 2016 in Car Accidents, Personal Injury, Truck Accidents | 0 comments

There are at least two million semi-trailers or big-rigs currently registered in the U.S. Thousands of these run on U.S. highways everyday, making just-in-time deliveries of just about everything in order to meet the ever-growing needs and cravings of consumers and businesses.

More trucks on the road, however, also means increased risk to motorist safety. This is due to the large size of these vehicles, the required more than 500 feet to get these to a full stop and errors committed by truck drivers, with fatigue as the resurfacing major cause of truck crashes anywhere in the U.S.

Truck drivers are usually paid by the mile and are never given overtime pay (trucking companies are federally exempt from making overtime pay – this federal exemption dates back to the Depression era). Being paid by the mile, though, does not literally mean that every mile covered will be converted to cash; miles covered when a driver makes a detour without valid reason, gets lost or takes another route for a quick stop by home do not get counted.

The need to earn more has pushed so many drivers to their limit. While some drivers never get enough sleep, some others never get any sleep at all (for more than 24 hours) in order to make another delivery. This has resulted to many drivers dozing off while behind the wheel and running at about 60 – 65 mph, ramming into vehicles and seriously injuring or killing smaller vehicles’ passengers.

A study called the Large Truck Crash Causation Study (LTCCS), which was jointly undertaken by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) shows that the ones more guilty about falling asleep while driving are truck drivers from small truckload carriers (small trucking companies). This is due to the irregular and unpredictable operating schedules of truck drivers in these companies.

Pay by the mile and unpredictable operating schedules, however, are not valid reasons for truck drivers to violate the hours or service (HOS) rule implemented by the Federal Motor Carrier Safety Administration (FMCSA). Serious injuries causing severe trauma in the victim and the unexpected or wrongful death of thousands of sons, daughters, mothers and/or fathers cannot be undone or replaced by any amount of compensation.

Innocent injured victims and/or victims’ families are allowed under the law, however, to seek payment to damages, especially in the case of wrongful death. According to wrongful death lawyers from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., compensation should include: medical treatment costs incurred before your loved one’s passing; funeral expenses; loss of income the deceased would have earned; and loss of companionship. A highly-competent wrongful death lawyer may be able to help victims and/or victims’ families in seeking the compensation they are legally entitled to claim.

Online Shopping for Insurance

Posted by on May 22, 2016 in Finances | 0 comments

The best way to save your own car from remaining damaged after a collision is by having a collision insurance policy; this will provide you with the cash you will need to have your car repaired or to buy parts that need to be replaced. To be able to compensate a person who has been injured in an accident wherein you are at fault, however, then the best way is by having an auto liability insurance coverage.

Collision insurance, which one may or may not purchase, is designed for your own protection. Auto liability insurance, however, is designed to protect an innocent accident victim and it is something that you will have to purchase because it is mandated in all U.S. states except in the state of New Hampshire, where drivers can instead file an SR-22 or depositing securities or money with the state treasurer as alternative to purchasing auto liability insurance.

Carrying an auto liability insurance policy is necessary if a person would want to drive in the United States. Despite the compulsory car insurance law, however, the Insurance Research Council (IRC) says that more than 29 million drivers remain uninsured and their main reason is the high cost of insurance premium.

It cannot be denied that insurance companies find ways to make insurance policies cost more by factoring in a driver’s age, driving experience, and past traffic violations, among others. Due to this, many drivers stop paying their policy premium shortly after they have re-registered their car and renewed their driver’s license (both of which require drivers to show proof of auto liability insurance coverage). The high cost of premiums, however, neither takes away nor lessens the necessity of drivers having coverage. The best way available for them to have the types of coverage that they need without being burdened by the cost of coverage is by shopping for auto insurance online.

Based on the 2010 U.S. Online Auto Insurance Report from comScore, an American Internet analytics company, in 2009, as many as 2.8 million auto insurance policies were purchased online (this shows an 80% increase since 2006). Besides being easy, quick and totally convenient, shopping for auto insurance online will also allow drivers and motor vehicle owners to compare auto insurance quotes and get the best deal while saving money at the same time. These quotes, which are provided by independent auto insurance companies, are free and can be done within minutes. Many of these companies also offer many other online services that are insurance-related, such as free quote and online filing of SR-22 for instant coverage. According to the website of Hankey Law Office, P.C., to make sure that online visitors quickly get the quotes they need, it is recommended that they are ready with the following information:

  • The declarations page of their current insurance (this is for fast comparison with insurance deals from other policy providers)
  • Annual mileage and distance to work (fewer miles traveled means lesser risk which, in turn, can mean lower premium rate)
  • Name, gender, occupation, number of years licensed, and driver’s license number of all household members who are old enough to drive
  • Year, make, model and Vehicle Identification Number (VIN) of each car to be insured
  • Information regarding accidents or traffic violations in the past three years (the date of the accident, who was at fault, if the accident injured someone and, if yes, how much was the amount of the claim)

All this information is the same data required if one were to visit an insurance company personally. But, rather than hop from one company to another, doing everything online is simply more practical, plus, this will also allow one to get the policy that best fits his or her needs and budget.

Personal Injury Claims for Car/Truck Accidents

Posted by on Nov 25, 2015 in Personal Injury | 0 comments

Not all auto/vehicle injuries are due to negligence. Sometimes, conditions simply come together in an unfortunate approach and no one is at fault. This implies because the problem cannot be assigned, that there’s no foundation for a personal injury claim, irrespective of how devastating the results. A car accident occurs every 8 seconds someplace in the U.S. In the 1st quarter of 2013 alone over 7 7,000 died from road accidents, even though this is really an improvement from the same period in the year 2012. This does not include how many people who have been injured.

However, because the driver was behaving inconsistently or dangerous when auto/truck accidents happen, this will be the time to contemplate creating a state as it is not impossible that neglect can be demonstrated. It might be due to just tailgating, weaving in and out of visitors, distracted driving, driving around the incorrect side of the road, or speeding. Any of these may be regarded acts of carelessness, and might render the driver accountable for both actual and exemplary damages. An article on the website of the Hankey Law Office, P.C. stresses that in terms of an encounter from a truck having a culpable motorist and also a car that is smaller, this is a no contest. While the truck driver gets off without a scrape the driver and passengers of the smaller car are most likely to sustain significant injury if not death.

Even when an accident occurs with similar-sized vehicles, the at fault driver should be held accountable for any costs related to property damage and bodily harm of a third party. For personal injury, this typically comprises loss of earnings all medical expenses, and pain and suffering if relevant into a particular condition.

How Do I Get SR22 Insurance for My Car?

Posted by on Aug 21, 2015 in Car Accidents, Finances | 0 comments

First of all, if you were not instructed to get SR22 insurance then the chances are, you don’t need it. Despite what the name might suggest, SR22 insurance isn’t actually an insurance policy at all.

SR22 insurance is the kind of documentation or certification that may be required of you in order to prove that your vehicle is legally insured. Citing the same site, this kind of documentation is also referred to as FR Filing.

This kind of thing is only ever really necessary if you have ever found yourself on the wrong side of the law. This can happen if you so happen to have committed one very bad error or several little errors that have all piled up together. Insurance companies tend to see these errors in judgment and mistakes as risks, thereby making policies somewhat more difficult for people to acquire once their records have had these marks on them.

You need not be intimated by this fact, though! Yes, it may be a bit of a challenge to find a policy that can and will work for you, but there are several agencies that are practically there in order to help you get the documentation that you need. Needing this kind of insurance is not all that uncommon as there are quite a few people who need it for a number of reasons. However, it can be so much more difficult to secure this kind of certification on your own.

Preventing Elder Abuse through Home Sharing

Posted by on Apr 19, 2015 in Personal Injury | 0 comments

With the rising numbers of elder abuse lawsuits across the United States, it is no wonder why many people are looking into other alternatives for their senior family member to stay and be taken care of. One of the alternatives being used today is senior home-sharing. There are many benefits that senior home-sharing can provide, yet before going into the program, it is always advisable to research about what it offers to the participants. It is also important to know how match-up programs are made, and what you can do to increase your chances of getting a compatible cohabitant.

The concept of senior home-sharing is to pair an elder senior with a housemate. The arrangement is that in exchange for a private room in the senior’s home residence, the housemate is given the responsibility of performing certain household chores, or pay rent, or a combination of both. Although not for everyone, home-sharing is a great option for seniors and those who are finding a place to live in.

There are number of reasons why those who are looking for rooms choose senior home-sharing. On the other hand, seniors have the most to benefit from the arrangement. For one, they can still remain independent and need not to be put in a nursing care facility provided they are in relatively good health. Room rentals can also provide an income for the senior, as well as the necessary household help for errands that they can no longer perform and transportation for those who can’t drive anymore. Lastly, they offer companionship, safety and peace of mind that is essential in old age.

Before getting into a senior home-sharing arrangement, seniors should first have to make sure that the written home-sharing agreement is clear and accepted by both parties. The agreement should outline all the obligations, the hours of work, and the types of services that’s needed, as well as the restrictions that both parties need to talk about and understand. It should also state the acceptable consideration for termination of the home-sharing to avoid any inconveniences and arguments. Because of the fragile state of seniors, they are often subject to a number of abuse, and for a Tennessee personal injury attorney, such abuse can be prevented through a well-defined and straightforward written agreement. Both the senior and the renter are partner in their endeavor, therefore the home-sharing program should be equally fair to both parties.

The Right to Know

Posted by on Feb 26, 2015 in Pharmaceutical Issues | 0 comments

There has been many questions regarding the safety of using the anti-emetic drug Zofran (ondansetron) on pregnant women to treat severe nausea and vomiting of pregnancy (NVP) also known as morning sickness, and hyperemesis gravidatrum. NVP typically occurs in 75% of pregnant women between the 4th and 14th week of gestation ranging from mild to severe.

NVP is believed to be a defensive mechanism of a mother’s body designed to protect the developing fetus from toxins. Most women get through the discomfort of the typical NVP symptoms with little long-term effects. However, untreated severe NVP and hyperemesis gravidatrum, which occurs in about 1% of all women, poses health dangers to both the mother and unborn child because of the resulting dehydration and electrolyte imbalance.

However, Zofran is not approved by the Food and Drug Administration (FDA) for such uses because of the lack of studies that show it is safe. There are some indications that women who take Zofran or any of its generic versions in their first trimester risk developmental problems for the fetus. Zofran is associated with adverse consequences to fetal development including congential heart disorders, cleft lip, cleft palate, club feet, abnormally shaped skull (craniosynostosis), and death. This is not a certainty, but women have a right to know that there is a risk.

Unfortunately, most physicians prescribing the medication are under the impression that it is safe for use by pregnant women. The drug’s manufacturer GlaxoSmithKline (GSK) did not inform them nor included it in the label that there is a possibility that Zofran can be dangerous to the fetus if it is taken prior to the 10th week of pregnancy. Moreoever, GSK actively encouraged doctors to prescribe the drug even though it is “off label” (not FDA approved).

According to the website of Williams Kherkher, if you were prescribed Zofran during the first trimester of your pregnancy and your child has birth defects mentioned above, you could be eligible for compensation. The failure to warn makes GSK potentially liable for civil damages. Consult with a Zofran lawyer in your area for more information about filing a Zofran lawsuit.

Murder in New York

Posted by on Dec 7, 2014 in Crime Law | 0 comments

They do say that nothing ever surprises a New Yorker: they’ve seen it all before. But that’s in ultra-urbanized New York City; surely it is different in Westchester, where good schools and golf courses abound. But it turns out that it is far from the idyllic place it appears to be.

Westchester is known to be the site for several of the more brutal and heinous murders in the state and at least two suspected serial killers have made it their home at one point. Current news indicates that violent murder continues to happen, many considered “intimate” crimes as they involve close family members. There was one involving a psychologist for the New York Police Department and a murder-suicide involving a family of 4, two of whom were children. However, even if murder is in the air, it doesn’t mean that everything is as it appears.

Murder is considered the most serious of crimes anywhere, and New York is a death penalty state, which means that if convicted, a person charged with murder may be getting a needle in the arm. Because this is the ultimate punishment, getting a murder conviction is very difficult. The jury must be convinced that the defendant was guilty “beyond a reasonable doubt.” According to the website of the Law Offices of Richard A. Portale, P.C., a Westchester criminal defense lawyer need only introduce an element of doubt in the minds of the jury and that can result in an acquittal or at least a hung jury.

But there are instances when the evidence is circumstantial but compelling enough, the defendant unprepossessing enough, or both, to convince a jury that a defendant is guilty. It is important that when you are facing murder charges, you find a lawyer that has wide experience in handling murder cases and knows exactly what to expect and prepare for.

The Basis for a Benicar Lawsuit

Posted by on Sep 18, 2014 in Pharmaceutical Issues | 0 comments

Benicar (Olmesartan Medoxomil) is antihypertensive medication developed by Japanese drug company Daiichi Sankyo and co-promoted in the US by Forest Laboratories which was approved for the US market in 2002 by the Food and Drug Administration (FDA). Olmesartan is part of a class of drugs known as angiotensin II receptor blockers (ARBs) or sartans, and has been uniquely and definitely linked as a causative factor in the development of condition known as sprue-like enteropathy, which mimics the symptoms of celiac disease.

Celiac disease (also known as celiac sprue) affects less than 1% of the US population and is characterized by the inability to properly digest gluten, a protein found in wheat and related grains. Over a period of time, symptoms of gastrointestinal (GI) disorder emerge including diarrhea, vomiting, and unintended weight loss which will eventually lead to permanent and irreversible damage to the small intestines called villous atrophy. The disorder is managed through a gluten-free diet.

Doctors were mystified when patients at the Mayo Clinic exhibited symptoms for celiac disease but were serologically negative for the disorder. They were put on a gluten-free diet but showed no improvement. However, when they were taken off Benicar, the symptoms stopped. The delayed action of Benicar contributed to the failure of doctors to immediately identify the drug as the causative factor. Findings for 22 patients were published in a 2012 issue of the journal Mayo Clinic Proceedings, calling the FDA’s attention to the problem. A review of Benicar was conducted and in July 2013, the FDA ordered the drug makers to include a warning of the risks of sprue-like enteropathy on the label.

The potential for harm from this negligence is quite extensive because it has been widely used since its introduction to the US market. More than 10 million prescriptions for Benicar were filled in 2012, many for long-time users to manage hypertension. A significant number of these patients who have suffered these mysterious symptoms are likely to file a lawsuit in the near future because they now have a reasonable idea of the cause of their injuries.

If you have suffered grievous injury from using Benicar, you may be eligible to get compensation. Consult with a competent dangerous drugs lawyer in your area to find out your legal rights and options.

Rosacea: What it is and How to Treat it

Posted by on Jul 21, 2014 in Beauty | 0 comments

It is entirely possible that W.C. Fields and Rudolf the red-nosed reindeer may have shared a common skin condition called rosacea. It commonly affects the areas of the nose and cheeks, and typically signaled by a tendency to blush or flush easily. So if you have not been a blushing bride for years, you could have rosacea.

Rosacea is a chronic skin condition that typically plagues 16 million adults in the US and is often mistaken for acne. It certainly flares at certain times just like acne, such as when the weather is hot, or there is a lot of stress. Rosacea manifests as small red bumps which may have cysts, pus, or eyes, and fine red lines in the skin.

It is not contagious, so most people just ignore it. In fact, a majority of the afflicted don’t even know they have the condition, which can be a problem later on. When it first starts out, it doesn’t look too bad, but the condition worsens if unmanaged and can be a source of embarrassment, especially if it affects the nose. A red, bulbous nose and puffy cheeks (rhinophyma)  can be mistaken as signs of the habitual drunk, which is not good in so many levels, although rosacea can be aggravated by alcohol intake or eating spicy food.

In some cases, rosacea can cause problems by irritating the tissue lining of the eyes, and some experience eyelid redness and photosensitivity. This is called ocurlar rosacea and when left untreated can damage the patient’s sight.

While there is no known cure for rosacea, it is easily managed and controlled to keep it from progressing. Intense pulsed light (IPL) technology is one of the recommended protocols for some types of rosacea.

V2V and V2I for Significantly Fewer Accidents on US Roads

Posted by on Feb 7, 2014 in Car Accidents | 0 comments

When SUVs were found to be more susceptible to rollover accidents, the Electronic Stability Control (ESC) was introduced by SUV manufacturers; this computer-based system was designed to detect skidding and the possibility of a rollover, and to automatically make the vehicle apply brakes to make sure that the driver does not lose vehicle control.

Last year, research and technology have helped giant car manufacturers to again come up with not one but two devices that will make driving much safer and U.S. roads more free more vehicular accidents, just as the National Highway Traffic Safety Administration (NHTSA) has and continues to envision.

These latest car technologies that are under tests are the Vehicle-to-Vehicle communication, or simply V2V and the V2I, which stands for “vehicle-to-infrastructure communication.” These devices, which the US government and car manufacturers are meticulously studying, are believed to reduce the number of road accidents by 81% (more than five million car accidents are recorded in the U.S. every year).

V2V, through the use of wireless signals, will enable cars to communicate with each, Information, such as other cars’ direction, speed and location, are provided by the device, allowing the driver to keep a safe distance from the other nearby or approaching vehicles, thus ensuring the avoidance of a possible collision.

The V2I, on the other hand, is designed to provide safety issues to the car and the driver by capturing information from traffic signals and road signs; it is also capable of abstracting information from the traffic management system on the best routes to take or information about the traffic.