Truck Accident Causes

Oct 25

Trucks, notably interstate highway ones, will be the lifeblood of the consumer market. Commerce would grind to a halt without these vehicles delivering goods to supermarkets and retail establishments. Nevertheless, it is undeniable that due to the sheer size and speed of those trucks, they pose a significant danger to smaller automobiles that share the route with them.

It is not unimportant that truck drivers are almost always attentive for just about any unfortunate situations including a reckless or preoccupied motorist entering the no- operating into difficulty and zone. Vehicles have big no zones which a responsible motorist should be careful to avoid. Based on the website of the Indianapolis personal injury lawyers of the Hankey Law Office, an encounter from a smaller car and a truck can result in severe injuries to the motorist of the vehicle, regardless of who’s at fault.

For this reason, there are strict rules for their hours-of-service. Regrettably there are regular infringements of those regulations. Tired truck drivers are one of many major reasons for truck accidents.

Being frequently on the road for long exercises can be stressful although truckers have an increased duty-of-care than regular motorists as a result of the automobiles they work. This can cause injuries that seem to be due to drinking and driving; however, perhaps not everything is as they appear. Truckers charged with drunk driving can lose their income as well as their license if convicted, therefore, it truly is very important that they get the proper legal representation to beat the charges.

You may be entitled to compensation for injuries that are significant in the event that you’re associated with a truck injury on account of the negligence of the trucker. Contact a truck injury lawyer in your region for more information about negligence.

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Toxic Exposure

Jun 24

Many don’t consider the likelihood that they will be exposed to a toxic substance. Those things are for action films and super hero back story. Unfortunately, this occurrence is all too common in the average person’s life and rarely results in super powers. Oftentimes, we can find ourselves in areas or buildings in which there are toxic substances that we did not expect of are unaware of.

Common cases of toxic exposure include: asbestos / mesothelioma, benzene, Chinese drywall, lead poisoning, manganese, silicosis, Teflon, toxic birth defects, toxic mold, vinyl chloride. View more detail about toxic substances.

Often times, the word “toxins” and the word “poisons” are used interchangeably. While these terms are very similar, there is a major difference between them that makes them distinctive. Toxins refer to harmful substances that are produced through a biological process. Poisons do not need to be produced by a biological process. By this classification, venom from a snake, which is often referred to as a “poison” would actually be considered a toxin.

All of the substances listed above are considered toxins and happen by natural processes. These substances can exist in our very homes, the places we generally think of as the most safe and secure. It is important, therefore, that property owners are consistently vigilant about the safety of their premises with regard to toxic exposure. As buildings age, these problems can emerge and prove harmful to the residents.

Toxic exposure to certain harmful chemicals or bacteria can be extremely harmful and in some cases, life threatening. Unfortunately these cases often could have been prevented. Many times, these cases are the fault of the carelessness or neglect of the product manufacturer of another party. In these cases the victim of such an injury may be owed certain damages.

View more about these kinds of situations.

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How You Can Be Exposed to PCBs Today

Apr 30

Polychlorinated biphenyls or PCBs have long been banned in the United States. While PCBs have proven to be useful for a variety of industrial and commercial purposes, they ultimately caused too much environmental destruction to be beneficial.

Even when more than three decades have passed since the U.S. federal government ensured the cessation of PCB production, its lingering effects can still be felt today. Unfortunately, there are plenty of ways that people can still be exposed to PCBs and suffer from health risks associated with the toxic chemical compounds. For one, there are still a number of older model transformers, capacitors, and other electrical equipment that contain PCBs. Older appliances like TVs and refrigerators also made use of PCBs as an effective coolant and insulator, as well as some construction materials that might be present in residential and commercial buildings. In these cases, people can become exposed to PCBs when small amounts contaminate the air. This is especially alarming for indoor areas, where the air is insulated and the PCB levels can rise. PCBs can also leak out from the aforementioned sources and risk individuals to skin exposure.

People can also be exposed to PCBs through other sources in their surroundings. According to the Agency for Toxic Substances and Disease Registry, small traces of PCBs can be found almost anywhere—air, soil, sediments, water, and even animals. Most of the time, these sources won’t contain enough PCBs to cause alarming effects. However, for areas that were most devastated by Monsanto PCBs pollution, people still face the risk of ingesting fish, meat, and dairy products that are contaminated by PCBs. Residents living in areas like Anniston, Alabama—the city where the Monsanto chemical plant was located—can also be exposed to PCBs through ingesting contaminated water.

Some individuals can also be exposed to PCBs in their own workplace. For individuals working in construction or maintenance, the threat of PCB exposure can be particularly significant. Workers who will need to come into contact with older equipment containing PCBs can suffer considerable health conditions caused by the toxic chemicals.

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Insurance Companies have the Upper Hand

Mar 25

It is a little known fact that when someone wins in a personal injury lawsuit, it is not usually the defendant that pays the damages, but its insurance carriers. This is especially true when it comes to suing big companies or healthcare providers, but it can also be true for homeowners and regular business folk. Click here for a full list of the types of personal injury cases.

Under normal circumstances, like say a car accident, the insurance company investigates the claim and if everything is in order pays for the damages or injuries to the extent of the coverage. However, when it comes to big money such as a dangerous drug lawsuit, defective tire case, or a hazardous substance claim, then insurance companies will want to minimize their exposure. The most common (and effective) way to do this is to deny and defend.

Insurance companies are successful because they take in much more money than they pay out. As such, it is their prime directive to deny as many claims as they can past a certain monetary level. Claimants can appeal the case, but it can take a lot of time and effort, and many simply give up.

In cases where the plaintiff is persistent, or hires a lawyer to pursue the case, the insurance company exerts its own legal muscles. Most large insurance companies have in-house lawyers that are expert in making it very difficult for a plaintiff to prove liability. Unless the plaintiff’s lawyer is experienced in personal injury cases in the state, it can be very difficult for the plaintiff to win a case.

If you sustained serious injury because of the negligence of others, you may be eligible to claim compensation for your losses. However, you could be facing an uphill climb if your claim is challenged by the insurance company. Hire an experienced personal injury lawyer to represent you against insurance company lawyers.

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Reasons for Selling Mineral Rights

Feb 22

There are many reasons why you should consider selling mineral rights that you own. However, first you have to know that you own these rights, and many people only find out when a landman comes a-knocking offering to buy them. Mineral rights can be passed on from generation to generation with no one being the wiser, and that is a wasted opportunity to make money. If you do know or find out that you own mineral rights on some property, then you should consider selling them for the right price.

If you don’t need cash, it may be better to hold on to your mineral rights, especially if there is some question as to what the right price should be. If that is the case, leasing the rights may be the better option. However, if you can put the money to good use, and your property is in a known “hot zone” for valuable minerals such as Eagle Ford Shale or Haynesville Shale, selling is the way to go.

You can buy something else

With the money you get from selling your mineral rights, you can actually buy more property that will appreciate in value. You can also put aside the money for a college fund or retirement. You can invest in many things by using the money you get from selling.

It may be the right time

If your property is holding oil or natural gas, you should consider selling while the going is good. The market value for such mineral rights can be volatile, so the $100 you can get today may be $20 tomorrow. Selling also reduces the risk that your mineral rights might become worthless when your neighbor turns out to be a dry hole. Of course, the opposite may happen which means your mineral rights value may rocket! However, it is better to make sure and have one bird in hand.

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Electronic Stability Control System – Giving Vehicles Greater Stability

Jan 29

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) reports close to 10,000 deaths and more than 24,000 cases of serious injuries (every year) due to rollover accidents. Rollover accidents register the second highest number of deaths and grave injuries; the first is by head-on collisions.

A rollover accident can involve any type of vehicle, but most especially: vehicles that have tires that are worn out as these easily lose traction; those that have a greater tendency to oversteer, or turn farther than it was meant, or understeer, that is, turn lesser that intended; and, SUVs due to their design of having a higher center of gravity from the ground.

To lower occurrences of rollover accidents some car manufacturers now design their vehicles with a modern safety device, called the Electronic Stability Control (ESC). This safety device consists of sensors that are able to detect loss of vehicle control; upon detection, the device automatically applies brakes on the appropriate wheel to enable the driver to regain vehicle control and put it back on track. Besides this, ESC also: gives the vehicle greater stability, especially during abrupt turns; reduces risks of oversteering and understeering; improves traction on icy and slippery pavements; and, increases vehicle control on gravel patches and road shoulders.

Aside from SUVs, pick-ups and vans also have a center of gravity that is farther from the ground, thus, making these more prone to rollover. The risk of rolling over, however, becomes much higher in fully occupied 15-passenger vans because as more passengers get inside it the higher its center of gravity becomes. Placing heavy cargo inside or on its roof further raises its center of gravity, which increases all the more its risk of tipping over easily on sharp, emergency turns. This is due to the fact that the combined weight of passengers and cargo greatly reduces the vehicle’s stability, resulting to its increased tendency to oversteer.

To make sure that a van remains stable, the NHTSA issues these safety precautions: ask passengers (if there are only a few) to occupy the front seats, which are frontward the vehicle’s rear axle; and, avoid loading heavy cargo on the roof or inside the vehicle, else, make sure that the weight of the cargo does not go above the vehicle’s maximum safe load or that the cargo’s weight is equally distributed inside the van.

Rollover accidents have already injured or taken the lives of many individuals in the past, dramatically changing victims’ and their family’s lives. Though no amount of monetary compensation will undo any harm already done, it can provide victims the financial help to meet the resulting effects of injuries or death. For the best legal action that will allow victims or their families to seek and receive the full amount of compensation allowed under the law, it is best that victims are represented by top caliber personal injury lawyers, who will be able to assist them pursue such legal act.

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Understanding Dog Bite Laws in Delaware

Jan 03

According to the American Veterinary Medical Association, 4.7 million people in the US are bitten by a dog, of which according to the website of Morris James LLP about 20% will be serious enough to require medical attention and about 27,000 (2012) requiring reconstructive surgery. In 2013, 31 people died from dog bites.

In Delaware, the laws are very strict when it comes to dog bites. The main statute dealing with the liability of dog owners is embodied in Delaware Code §1711 which states that the “owner of a dog is liable in damages for any injury, death or loss to person or property that is caused by such dog.” This means that a victim of a dog attack (bite or not) can recover compensation from the dog’s owner or other third person unless the victim was committing a crime, trespassing, or taunting or abusing the dog at the time of the incident. Delaware imposes strict liability for dog bites i.e. the dog does not have to have a history of biting under four legal doctrines: negligence, negligence per se, and scienter.

Negligence refers to the failure of a person (dog owner or others) to exercise reasonable care when dealing with a dog, resulting in injury or damage to another person. A homeowner that allows a stray dog to get into the yard where young children are playing will be liable for injuries resulting from that action, even if the homeowner does not own the dog. Negligence per se, on the other hand, refers to negligence as a legal matter. A dog owner that fails to properly restrain a dog while in a public area can be held liable for injuries to another person, animal, or damage to property under the negligence per se doctrine (Delaware Code §1705).

This is distinct from the scienter doctrine, in which the cause of action is the propensity of a dog i.e. sharp teeth or any domestic animal to do harm and not the action or lack of action of the owner/keeper. The owner or keeper can be held strictly liable for causing harm to a third party if scienter is proven.

Dog bites can be serious, and the victims can suffer huge losses. In Delaware, you can get compensation from the party responsible for your dog bite or animal attack injuries. Consult with a personal injury lawyer in Delaware for more information about your legal options.

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