The Responsibilities of a Truck Driver in an Accident

Driving a truck can be an interesting and rewarding career, but like any other it certainly has its own concerns. That low bridge that no one told you about can spell disaster, and of course treacherous road conditions are even more dangerous for a big rig.

Even the best driver may be in an accident at one point in time. If this were to happen to you, what are your responsibilities after an accident? Are you always liable in such cases? How do you protect your own interests?

Keeping the Rig Safe

In all areas, it is the responsibility of the truck driver to make sure his or her rig is safe before heading out onto the road. Failure to do so can increase the driver's liability in an accident, if an unsafe rig is to blame for that accident.

In some areas a driver can face, not just civil penalties, but even criminal penalties as well. This is why it's imperative for a driver to never neglect safety of their rig even for just one load.

Safe Driving

Driving while drowsy is a risk factor for many truck drivers, and in most areas drivers are required to go through instruction about the dangers of not being physically able to drive. A driver that falls asleep behind the wheel or causes an accident because of their own unsafe driving practices may be even more liable than a typical car driver, since they pose such added danger.

And while it rarely is a factor in truck accidents, of course a truck driver needs to avoid the use of alcohol or drugs while behind the wheel. This too may lead to not just civil but also criminal penalties if there is an accident.

In no case however should any liability be assumed by either the truck driver or anyone else involved in the accident. Accidents can and should be investigated thoroughly and all parties have the right to have legal representation in any case. It should never be assumed that a truck is at fault when there has been an accident, and a car driver should never assume that the truck driver's liability is the same as their own. This article is not meant to replace legal advice from an attorney.

Learn more from about truck accidents at www.wurtzellaw.com the site of Attorney Elan Wurtzel of Plainview, New York.

Florida Law on Dog Bite Injuries

Under Florida law, if your dog inflicts injury on a person, then you as owner of the dog are liable for that person’s injuries. This includes situations where your dog bites the person in a public place or in a private venue where the person was legally allowed to be (such as your home if you invited the person in). You will be held liable regardless of whether you knew the dog could act viciously based on past experience or even if your dog has never bitten anyone in the past.

Reduced Liability

However, your liability maybe reduced if the person who was bitten contributed in some way to the incident (such as goading the dog or frightening the dog unnecessarily) or if you as owner of the dog had displayed a sign in a prominent place stating that there was a ‘Bad Dog’ on the premises. If that sign is easily readable and includes the words ‘Bad Dog’, then you will usually not be held liable for any injury caused by your dog, unless your own negligence contributed to the person being bitten or if the person bitten was a child under six years old.

Common Law Liability

As well as being found liable for a dog bite injury under Florida law, you may also be held liable under the Common Law. For a person to recover compensation under the Common Law they will need to prove that you were negligent as the dog owner and your negligence led to the person being bitten and injured.

This article is not legal advice and not intended as legal advice. If you would like more information on personal injury caused by dog bites then visit http://www.jodatlawgroup.com with personal injuries serving clients in Tampa, Florida.

Floor Mat Defects Can Cause Death and Serious Injury

In August 2009 a father, his wife, daughter and brother in law, were all killed when he was unable to stop the Toyota car he was traveling because the accelerator pedal had been jammed to the floor by the vehicle’s floor mat.

Toyota recalled 4.2 million Toyota and Lexus cars back in November 2009 following this incident, citing the possibility that the floor mat could catch the accelerator pedal and cause the vehicle to accelerate to high speeds, regardless of whether the driver pressed the brakes. A month or two later and Toyota issued a further recall notice for another 1.1 million cars. Toyota declared that their vehicles had no unintended acceleration issues and that the vehicles themselves were not defective, but that incorrectly fitted floor mats or floor mats of the wrong size could interfere with the accelerator pedal and make it stick.

>The National Highway and Traffic Safety Administration (NHTSA) said it had received over 50 reports about defective floor mats in one particular type of vehicle and that a number of these incidents had led to crashes. And according to the federal government figures, just over a 100 drivers have reported cases of the accelerator pedal becoming jammed due to a problem with the floor mat. In a government statement this defect was cited as the cause of thirteen crashes and five deaths.

Any defect that causes the accelerator pedal to be come stuck down can lead to serious personal injury and even wrongful death. If a motorist cannot stop a car accelerating out of control, then there is a very high chance the vehicle will end up colliding with another vehicle, hurtling off the road of hitting some other stationary object. And with the vehicle traveling at high speeds, the occupants of the car are likely to suffer horrendous injuries on impact.

This article is for informational purposes only and not legal advice.

Further Legal Information: If you would like to know more about claiming for personal injury caused by a defective product please visit the attorneys at The Barber Law Firm. Serving clients in the Dallas, Texas area.

Traumatic Brain Injury

TBI, which stands for traumatic brain injury is caused by a brutal physical force that affects the brain and results to a weakened or altered state of consciousness. The force initiates the movement of the brain within the skull and occasionally causes the skull to break and directly inflicts harm to the brain. Bruising, tearing and inflammation can be due to the brain’s rotation against the skull. Our brain plays a major role in controlling processes involving thought, movement and other significant parts of our emotional and physical comfort and welfare.

Effects of Brain Injury

The injury to any area of the brain can be critical and can further cause the following: headaches, permanent disability, memory loss, loss of the sense of taste or smell, double vision, speech impairments, seizures, anxiety, behavior problems and depression. In some cases the impairment of memory in TBI victims lead to a loss of self and identity. Vehicular accidents, falls, violent actions and sports injuries are the most common causes of TBI.

Types of Head Injuries

Head injuries can be categorized as Diffuse Axonal Injuries, Concussions, Coup-Contrecoup, Recurrent Traumatic Brain Injury, Penetration Injuries and Comas.

• Diffuse Axonal Injuries

- Caused by the shaking or strong rotation of the head.

• Concussions

- Caused by brain experiences trauma due to an impact or violent alteration in movement or momentum.

• Coup-Contrecoup

- Bruises that happens when the brain is smashed into the opposite side of the skull. The bruises appear on both the side of an impact and on the side of the brain directly opposite to the impact.

• Recurrent Traumatic Brain Injury

- Also known as Second Impact Syndrome, Recurrent Traumatic Brain Injury, happens before a previous traumatic brain injury heals.

• Penetration Injuries

- Happens when a bullet, knife or other sharp object forces hair, skin and bone to enter the brain.

• Comas

- These are extended periods of unconsciousness where awareness of self or the environment is absent.

Approximately 5.3 million Americans suffer disabilities because of traumatic brain injuries, according to the Centers for Disease Control and Prevention.

This article is not a legal advice.

Kenneth J. Allen Associates serve clients looking for more information concerning brain injury proceedings. Business office serving in Illinois and Indiana.

Dealing with a Personal Injury Case

Consequences of Personal Injury

The law refers to physical, psychological and emotional injury as personal injury, and not injury to property. “Personal injury” is commonly used to imply a kind of tort lawsuit asserting that the plaintiff’s injury is due to the negligence of another. Negligence, also known as civil wrong, is a kind of tort. “Negligence” and “carelessness” are not synonymous because a person could have applied as much care as he is able to but can still fall short of the level of competence demanded of him. It is the reverse of “diligence.” In the main it can be defined as a behavior which is liable because it lacks what a rational person would do to save another individual from anticipated threats of harm. This includes several types of accidents such as traffic accidents, work accidents, home accidents, holiday accidents as well as assault claims and product liability. Medical and dental accidents which are prevalent are also taken in the term personal injury, including conditions usually categorized as industrial disease cases such as asbestosis and mesothelioma, respiratory diseases such as emphysema, pneumoconiosis and chronic obstructive airways disease among others, occupational deafness, vibration white finger, occupational stress, repetitive strain injury cases and contact dermatitis.

If the charged party is convicted, then he will be required to give monetary compensation to the other party. The system is considered complicated and controversial in the United States. Most critics are demanding for a tort reform.

Getting a Lawyer

In most cases, attorneys stand for clients on a “contingency basis” wherein the payment for the attorney is taken as a percentage of the compensation that the plaintiff will receive when the case is determined. Generally, getting a lawyer is very essential especially in more complicated cases such as medical malpractice cases.

The Conditional Fee Agreement (CFA) agreed upon a client and a law firm stresses that if the client does not win the case, then the firm will not receive payment. In a personal injury claim, this will allow the lawyer to handle the case knowing that if they lose, the client is not accountable to pay a lawyer’s fee. On the other hand, if the lawyer succeeds to settle the case on their favor, then he is expected to get an uplift called a success fee in addition to his agreed fee. The law indicates that the success fee should not be a hundred percent greater that the lawyer’s agreed fee.

This article is not a legal advice.

Have you suffered the effects of personal injury? Contact Justice for All Kelly / Uustal for more information about accident injury legal implications. Business office serving in Florida and Fort Lauderdale.

The Steps of the Probate Process

Not all properties undergo the probate process after the owner’s death. This category of properties include joint bank accounts that carry the tag of right of survivorship, bank accounts with named beneficiaries or those that are payable upon death to a particular person. These properties are passed on contractually.

Other properties that are specifically designed to evade probate are those held in living trusts. Proof through legal documents has to be provided by the executor of the estate. Living trusts are set up in one’s lifetime for various reasons. These may include regulation of asset use in case of owner’s incapacitation, ensuring financial security, tax reduction and for savings.

Stages of Probate Process

The probate process has several stages. The deceased’s property is recorded in an inventory and rounded up. He/she takes care of taxes and debts. These may include taxes payable as estate tax. This may be done at the federal or state level. Property remaining after this is then distributed as per the will or according to the intestacy laws of that particular state.

Challenges

The probate administration may attract a few legal challenges from different quarters. These may include challenge as concerns the will validity, challenge with respect to the executors’ status, identity of the heirs may also be a contentious issue. The manner in which the will or intestacy laws were executed may also present a challenge especially if the beneficiaries are not satisfied. Paternity of the heirs may also be a challenge though there are cases where non biological heirs prevailed over biological heirs. The paternity issue might however prove to be a very easy nut to crack with DNA technology widely available.

The executor must understand the importance of carrying out his or her fiduciary duties to the letter and as interpreted by the law. These may include simple instructions such as ensuring money is banked in an interest accruing account and specifically using the interest accrued for its stated purpose. Failure to disregard any duty on his or her part may result in his or her removal by interested parties through petitions filed in court.

For more information: The Law Offices of Adrian Philip Thomas P. A. can provide more information about real estate litigation. Business office serving in Florida and Fort Lauderdale.