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TRUCK RULES AND REGULATIONS FOR PROPERLY SECURING TRANSPORT CARGO AND ACCIDENTS

My Family Attorneys on April 7, 2020

Imagine that you’re driving down the road and an unsecured object flies out of the back of a cargo truck in front of you. It can be an absolutely terrifying experience. Truck drivers are supposed to follow specific rules and regulations for properly securing transport cargo, because if they don’t, serious injury and damage can occur.

Cargo Load Accidents

If you’ve ever stood next to a semi-truck, you know just how big they are. The average truck stands 13 feet high with an average weight of 80,000 lbs. When cargo loads are added, they weigh even more. 

These trucks already have a high center of gravity, so if they are not loaded or secured properly, the cargo could shift causing the truck jackknife or rollover. If truck loses control, or an unsecured load spills out of the truck, it can cause high speed obstacles to litter the road. These sorts of incidents can cause chaos and often result in serious injury and death.

Federal Motor Carrier Safety Administration 

The Federal Motor Carrier Safety Administration (FMCSA), under the United States department of Transportation, is responsible for regulating and providing safety oversight of commercial motor vehicles. Anybody who operates a Commercial Motor Vehicle (CMV) in interstate commerce must comply. 

The FMSCA publishes their rules and regulations on cargo securement in a handbook that is easily accessible on their website.  The handbook provides truck drivers with the basic fundamentals and requirements of cargo securement. In addition, it provides detailed information on how to secure the most common types of cargo, including:

• Tree logs & packaged lumber

• Coils of rolled sheet metal

• Concrete Pipe

• Shipping & storage containers

• Automobiles, light trucks, & vans

• Flattened or crushed vehicles

• Heavy vehicles, equipment, & machinery

• Large Boulders

In general, the handbook states that no matter the type of cargo, it must be secured so that it does not:

• Leak

• Spill

• Blow off

• Fall off

• Fall through

• Dislodge

• Shift to the extent that it affects the truck’s stability

What Happens if there is an Accident?

Despite the FMSCA’s best efforts, cargo load accidents do happen. Cargo-spill and cargo-shift accident claims can quickly become complicated and often require independent investigation to determine the actual cause. Trucking companies often argue that the cargo shifted as a result of the accident.

If you or a loved one have been injured by a large truck and/or unsecured cargo, make sure to hire an attorney. You might be entitled to carry out legal action against the driver or truck company. Insurance companies have teams of experienced adjusters, investigators, and lawyers trying to settle your case for as little money as possible.

Boating Personal Injury Claims

My Family Attorneys on April 7, 2020

We have all heard the phrase “with great risks comes great reward”, in this case with great reward comes great risk. Being out on the open water is such a fun activity that very few people are able to enjoy, but so many people love. The fun and excitement that comes with boat riding also introduces danger and potential harm to those that love the sports and activities. The risks are sometimes even more dangerous that those of airplanes and usual motor vehicle travel. Boating accidents are very common on the water and can lead to great injury and sometimes death. Boating is usually seen as fun and recreational activities, so it is very easy to let your hair down and be carefree. However, this freedom can put your safety at risk and harm you or your loved one. This is as the captain, or a passenger. Fortunately, there are laws in place to protect injured individuals even in boating accidents, and it is good to educate yourself on what your legal options are.

Much like any other accident, boating accident injuries can influence several medical bills once medical treatment is sought out. These injuries can create a domino effect in financial burdens, as well as emotional and mental burdens. These new burdens can weigh heavily on the household of an injured party, therefore it is important to speak with a skilled personal injury attorney about seeking compensation for any damages caused due to a boating accident.

There are several factors that made lead to boating accidents on the water, once you are aware of what they are it is easier (not fully ensured) to avoid them. By knowing what caused the accident you can narrow down who the at-fault party is and who to pursue in the event of a personal injury claim. Common elements that lead to boating accidents or injuries include:

  • Speeding over waves
  • Terrible or poor weather conditions
  • Speeding in general
  • Improper equipment or a lack of proper equipment
  • Crashing into other objects
  • Disregarding boating regulations
  • Overloading the boat

Much like any other accident, these situations can be avoided if everything is handled properly. Unfortunately, this is not always the case and harm, or injury is caused. Should you or someone you know be a victim of a boating injury due to the negligence of another involved party, be sure to speak with a personal injury lawyer in Atlanta, GA as soon as possible.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and boating accidents.

Laws That Force Trucker Safety

My Family Attorneys on April 2, 2020

The truck-driving industry is one of the most resilient and lucrative in today’s economy. The reasons for this include the constant demand by consumers for goods that must be transported from the port to the retail center.

Truck driving accidents, however, are some of the most devastating. When a tractor-trailer collides with a car, the results are often fatal. The size and weight of the trucks, combined with the cumbersome way in which they traverse the roads, makes them a force to stay away from on the roadways. The government at the federal and state level have passed rules and regulations to help keep truck drivers safe on the road. Explore some of the ways these rules try to keep everyone behind the wheel safe from a catastrophic crash.

Special Licensing Requirements 

Not just anyone can operate a big rig. To ensure that this is not the case, the government has made a special license a prerequisite for driving a semi. A CDL or commercial driver’s license requires a unique course of study, complete with a road test to make sure that the applicant is prepared to handle the demands a semi-truck presents. A trucking company that knowingly employs a trucker who does not possess a CDL is liable for fines and any accidents the driver causes.

Alcohol and Drug Use 

A trucker who is found to be operating with any measure of alcohol in their system is immediately suspended. When a police officer pulls a trucker over and administers a breathalyzer, it must register at .00, or the CDL is confiscated. Employers must also perform routine and random drug and alcohol testing of its drivers so that there is no question as to their sobriety.

Hours of Service

One of the most contested regulations on the books dictates how many hours a driver may be actively working before taking a mandatory break. These laws have been on the books for decades, and have been credited with reducing the instances of driver fatigue. However, through the years, drivers have figured out how to circumvent the requirements of their company by falsifying records to make it appear like they took the mandatory rest time when the law warrants it. In recent years, technology has made this workaround much more complicated since computers in trucks record this information and send it to the companies. Drivers have been rallying to have some of the laws relaxed, saying that they are the cause of drivers engaging in riskier behavior.

To find out more about the trucking rules and regulations in your state, consult a truck accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm.

Understanding Medical Malpractice

My Family Attorneys on April 2, 2020

An injury that was attributed to medical malpractice can have a profound impact on the victim. Injuries from a medical malpractice case can be traumatizing, resulting in serious injuries that may include pain, permanent physical damages, and psychological trauma. No person should be left to face such a traumatic experience alone. It’s only natural that victims of medical malpractice will be left with several questions during this complicated time. For help, contact an experienced medical malpractice lawyer to provide you with the guidance you deserve. 

What is medical malpractice?

When a patient is injured due to the negligent actions of a hospital or medical provider, medical malpractice may have been present. Such situations can occur when a patient is misdiagnosed, errors in treatment are made, poor aftercare, or lab results are misread. Your medical malpractice lawyer will review your case to see if the following were present:

  1. A duty of care was owed to the patient
  2. There was a breach in the duty of care that was owed to the patient
  3. The breach resulted in harm to the patient
  4. The patient experienced damages as a result of medical malpractice

What are the common types of medical malpractice cases?

There are a wide range of medical situations that may call for a victim to consider taking legal action. Common types of medical malpractice cases that may require the guidance of a lawyer include:

  • Failure to treat
  • Misdiagnosis
  • Surgical mistakes
  • Errors with anesthesia
  • Birth injuries
  • Product liability cases

Do all medical malpractice cases go to trial?

No. It’s important to know that many medical malpractice cases actually settle out of court. There are several reasons that both sides may be motivated to avoid trial. For the plaintiff, taking a case to court can not only be time consuming, but may also be risky. The defendant may wish to settle out of court to avoid further exposure and a verdict that results in a larger payout. A medical malpractice lawyer can play a crucial role in negotiating a favorable settlement or determining whether pursuing a trial is in your best interest. 

How will an expert witness help if my case goes to trial?

When pursuing a medical malpractice case, an expert witness can play a critical role. This is because the details of your case can be incredibly complicated. The guidance of a medical expert can help to decipher the medical details of the case to determine if the key elements are present to pursue a medical malpractice case. 

Why should I contact a medical malpractice lawyer?

It’s essential to at least consult with a medical malpractice lawyer if you believe that your doctor did not uphold their duty of care to you. Sometimes a mistake may not be evident to you. After reviewing your case, a medical malpractice lawyer can help to sort out how best to move forward with your case. 

The complicated nature of a medical malpractice case calls for the guidance of a medical malpractice lawyer. Having an experienced lawyer in your corner can help to protect your rights in the wake of an accident that occurred at the hands of a medical professional, hospital, or doctor. For the help that you deserve, contact a medical malpractice attorney to schedule your consultation today. 

Complaints About Large Gatherings Amid The Threat of COVID-19

My Family Attorneys on April 1, 2020

 

 

It is imperative that we as a community observe the newly implemented rules and protocols of the stay at home rules currently in effect, as numerous media outlets are reporting a high number of reports relating to violations of restaurants still working without drive-through, takeout or delivery service.  There is no doubt that you will find that there are still some local restaurants welcoming you on their premises and suggesting that you sit in dark corners within their establishments.  

 

It is most crucial that you remain vigilant of these efforts by these establishments.  And while we obviously understand their financial need to remain open to the public, together we must remain vigilant and observe our local Government Rules and Protocols regarding COVD-19.

 

Our law firm has been instructed by the Local Government to implement working remotely, and we are following the new rules.  And while there is no doubt that many of us are struggling with our new restrictions, whether with work or our children’s school policies, we will remain steadfast in our resolution to cooperate with our current situation and continue to push forward with our work on your cases.  We are diligent in our legal effort and are committed to giving our clients the remarkable representation they wholly deserve.

 

 We understand that most top local Government officials have issued orders for people to shelter in place, some folks are having a difficult time abiding with these new (temporary) rules.  So of course, we will continue to see our neighbors taking their nightly jogs, and believe it or not our neighborhoods are becoming even more, crowded with people running, and many with their kids riding their bikes or their dogs running alongside them.

 

But despite these recent orders regarding COVID-19, our local governments of the Metroplex has received hundreds of calls about continued large gatherings in the past two weeks. Unfortunately, it is primarily restaurants, parks, bars and gyms that are not complying with the orders.

 

It is understandable that local Police Departments within the Metroplex are experiencing a difficult time enforcing the public to stay in their homes.  We know this is uncharted territory for local officials — especially for our local Police. It is our understanding that current government policy is ordering all businesses that aren’t deemed essential also must stop operating until further notice.

 

When businesses do not follow our current emergency regulations, code officers will start issuing citations that will eventually have to get sorted out at local city courts. Currently, fines for noncompliance can range from $50 to $2,000. It’s unclear how much authority police have in enforcing county orders or how citations will be handled as many of these city municipal courts remain closed until further notice.

 

We are being informed that officials want to take every step in reducing fee and citations to establishment owners, and encourage these owners to abide by these Rules until further notified.

 

We at Brandy Austin Law Firm, urge you to please remain in your homes, healthy and safe. We will adhere to our most diligent effort to continue work on your case as your lawyer , and bring your matter to a successful conclusion. 

 

 

 

The Basics of Probate

My Family Attorneys on March 27, 2020

You have probably heard that the probate process is one that should be avoided at all costs. While this may carry some measure of truth, it is often regarded as a necessary step after death. Creating a will is something that every person should do when they either own property or have children. A will is a blueprint for how you want your affairs handled after death. However, there is a process that has to occur in court to ensure that things go smoothly. Understanding probate may help guide you through the best ways to tackle your estate planning.

Probate Opens

Probate begins when a will is filed with the court. This is done by the estate planning lawyer who has the original will, or the administrator may do it. This is the person named in the will to take all necessary action on behalf of the deceased. The court publishes a notice that probate is open. This gives debtors and anyone who believes they have a claim against the estate time to submit paperwork.

The Administrator Gives an Accounting

After probate opens, the administrator is responsible for gathering an accurate accounting of all assets and debts. All accounts must be tallied up and the information provided to the court. Once this is done, the court will order all creditors to be notified and given statutory timeframes to respond.

The Administrator Pays Debts

Once the timeline expires, the administrator must pay all outstanding debts or return items held by collateral to the creditor. For example, vehicles may be repossessed by the lender. The administrator may have to sell assets, such as stocks, to pay for any debt shortfall. The heirs named in the will are notified.

Heirs Get Their Inheritance

The administrator pays the heirs per the will after all claims against the estate have been paid. In some cases, there is not enough money left to pay the heirs everything they are to get.

Probate Closes

After the administrator drains the estate and there is no more money or property left to dispose of, they file a letter with the court informing them of this. The court will then review the information and order probate closed.

This is a simplified explanation, and every jurisdiction has different rules for probate. Speaking with an estate planning lawyer, like an estate planning lawyer in Arlington, TX, can help you with any questions or procedures regarding probate. These professionals may also be called upon to represent you should you not want to deal with it yourself.

Thanks to Brandy Austin Law Firm, PLLC for their insight into some of the basics of probate. 

Volunteers and Workers’ Compensation

My Family Attorneys on March 25, 2020

Volunteers are sometimes the life blood of an organization or company. Without them, the company would not be able to do much of their work. This brings up a curious issue about how workers’ compensation may affect volunteers and if it applies to them at all. You would think that because they are such an enormous help, volunteers would be covered the same as paid employees, but this isn’t the case. Many states do not require workers’ compensation to cover volunteers, which can leave you in a bind if you’re injured while volunteering. Here are some things to know about your workers’ compensation rights.

Worker’s Compensation Defined

When an employee is injured on the job, he or she is likely eligible for workers’ compensation, which is an insurance coverage taken out by his or her employer to pay for their medical and lost wages expenses in this exact scenario. Your company may not have coverage, as each state has its own laws regarding workers’ compensation and who must buy the insurance. If your company has it, you can file a claim to cover any costs due to the injury.

Who Workers’ Compensation Covers

Workers’ compensation is limited in that it usually only covers paid employees of the company. This can bode poorly for volunteers, as their unpaid status means they cannot file a claim if they are injured while volunteering. While an employee’s coverage often applies no matter who was at fault for the injury-causing accident, the gap between a company and its volunteers exposes the company to potential lawsuits arising from an injured volunteer.

Exceptions 

There are some exceptions for volunteers, and they may be covered under workers’ compensation despite their unpaid status. Some states have workers’ compensation available for volunteer fire fighters since the job comes with so many risks. Other states give companies the option of purchasing insurance to cover their volunteers as well as their employees should someone get hurt. This can be beneficial for the volunteer and the company, as it avoids any lawsuits down the road.

If you’re a volunteer, find out if your company or organization has workers’ compensation available to their volunteers. Check into their guidelines or requirements so that you know what to do should you ever be injured. If your company offers it, you can file a workers’ compensation claim the same as any paid employee would.

If you’re unsure of your status as a volunteer, you can always consult with a lawyer. If you’re injured while volunteering and your company does not have insurance to cover you, contacting a northern New Jersey work accident lawyer may be the best way to learn about future options.

Thanks to Rispoli & Borneo, P.C. for their insight into workers compensation and volunteers.