Employer Negligence In Truck Accidents

When it comes to truck accidents, there will always be a question of fault. Most of the time, the blame always falls on the driver for not knowing their blind spots which is not always the case. According to the website of Karlin, Fleisher & Falkenberg, when the employer does not follow state and federal laws, they can be held liable for any accidents that will be caused by the vehicle.

Fatigue has often been one of the reasons being mentioned for truck accidents. The employer has a partial liability for accidents blamed on trucker fatigue. Trucking companies usually pressure their drivers to stay on the road long enough in order to meet stiff delivery deadlines. As the employer, it is their responsibility to ensure that the drivers they are hiring are physically fit to handle the rigors of driving long hours.

It is not only during truck accidents that employer negligence should be scrutinized. During the post-accident investigation, the employer may be questioned about the review of their driver’s record. State and Federal regulations require trucking companies to conduct an annual review of their driver’s record. Again, the employer can be held liable here if they failed to do a review of their driver’s record.

Employers are also required by state and Federal regulations to ensure the fitness of their drivers. They should ensure that the trucker possesses a commercial motor vehicle driver’s license. The driver should also demonstrate their ability to safely operate a vehicle by passing a road test focusing on safe driving techniques. If the driver fails on this aspect and an accident happens, the employer could be partially liable aside from the driver.

Truck accidents are not solely the liability of the driver. There were instances when, upon thorough investigation, the accident was found to be due to the negligence of the employer.

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Symptoms of uterine cancer

Uterine cancer is a deadly cancer that can develop in women. While development of this and other related cancers is rare, many women found themselves at an increased risk after undergoing a procedure using a power morcellator. Power morcellators are used to extract tissue and fibroids during a hysterectomy or a myomectomy by mincing up tissue for removal through a small incision in the abdomen. The morcellator works using a drill-like end that rotates and breaks masses of tissues in smaller pieces and then vacuuming them out. Unfortunately, many times cancerous tissues were either left behind or spread.

According to Williams Kherkher, while these devices could be used to remove noncancerous tissue, they were dangerous if a women had undetected malignant tissue for these reasons. A power morcellator could cause deadly cancers such as metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, and endometrial stromal sarcoma. In 2014, the U.S. Food and Drug Administration (FDA) issued an official warning against morcellators which was soon followed by a recall of the devices. After these dangers came into the public eye, lawsuits against negligent and responsible parties were filed.

Although these dangers were eventually made public, it was too late for many victims who had already developed deadly cancers or other harmful symptoms. In fact, 1 in every 350 procedures involving a power morcellator led to the development of one of these cancers.

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Laws Ensuring Truck-Driver Safety

Commercial freight trucks, also called big rigs or 18-wheelers, extend to 70 feet in length and weigh 80,000 lbs. (40 tons), making them 20-30 times heavier than cars. Their enormous size and weight require a much longer stopping distance, heavier duty tires, and a more powerful braking system, than smaller vehicles.

Many see trucks as threats on the road due to the damage they can cause in the event of an accident. A collision with a smaller vehicle can easily result to major damage to properties and severe injuries or death to people, enough to make the federal government decide to intervene in matters concerning commercial vehicles. In 2013 alone, a non-profit research organization, called the Highway Loss Data Institute, received more than 3,500 reports of large truck accidents that killed 540 motorcyclists, bicyclists and pedestrians, and 2400 passengers of cars and other smaller vehicles. Thus, with the intent of reducing or preventing truck accidents, injuries and fatalities, the 99th Congress passed the Commercial Motor Vehicle Safety Act in September of 1986. This Act mandates that a commercial driver’s license should be issued only to qualified drivers and that drivers who operate trucks (as well as buses) in an unsafe manner should be removed from the highway. To be issued a commercial driver’s license though, the Act requires that a person applying for it should: first, undergo a special training which will allow him/her to develop the knowledge and the skills necessary in operating a truck safely; and, second, pass a three-part skills test on basic control, vehicle inspection, and road test. Other requirements for qualification include having a state-issued copy of a Commercial Driver’s Licensing (CDL) Manual, medical tests, proof of residency, and a Commercial Learners Permit (CLP).

No matter how well trained a driver is in operating a truck, though, fatigue and/or drowsiness will always render him/her incapable of performing his/her tasks efficiently, especially since most jobs require long hours of cross-county driving. Therefore, to make sure that truck drivers are always alert and focused on driving, other laws have been passed, like the maximum number hours of service (HOS) and the required length of rest between duties, the blood alcohol concentration (BAC) level limit, and the use of a Bluetooth headset, which will end drivers’ use of a cellphone whenever behind the wheel.

Enforcement of the Act and the other laws is the task of the US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). However, despite the laws and their implementation, truck accidents still occur simply because some truck operators are either just too adamant to obey the mandates or are too greedy, choosing profit rather than the safety of everyone else on the road. This is the clear message whenever they hire unqualified drivers during peak season, when they force their drivers to work beyond the HOS limit, and when they have their trucks operated until the tires are totally worn out or some parts actually break down.

On their website, the Cazayoux Ewing personal injury lawyers clearly explain the importance of regularly maintaining trucks and operating these safely until these reach their destination, and the possible tragic consequences of failing to do so. There is nothing wrong with seeking profit, but not to the point of compromising the safety of others. Choosing to act irresponsibly or recklessly will never be acceptable.

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What are Rollover Accidents?

The National Highway Traffic Safety Administration (NHTSA) estimates that rollover accidents cause up to 24,000 injuries and 10,000 fatalities every year. These types of accidents are particularly dangerous because it involves the vehicle turning over either on its side or completely upside down. When victims do survive such horrific accidents, they could end up suffering from some form of disability. The most common injuries caused by rollover accidents include lacerations, broken bones, and traumatic brain injury.

Larger vehicles are more susceptible to rollover accidents. Vans, pickup trucks, and SUVs have a higher center of gravity compared to regular passenger-type cars. Matched with unsafe road conditions, mechanical defects, or worn-out tires, the risk for rollover accidents for these vehicles will typically increase. This is because, according to the IOTS Services website, larger vehicles can easily become unstable once a driver loses control due to unforeseen circumstances. The dangers become even worse when the vehicle can’t gain enough traction between the pavement and the tires. These risks can result in serious accidents that can potentially harm anyone who happens to be nearby.

Considering the dangers and devastating consequences of such incidents, the prevention of rollover accidents is extremely crucial. Plenty of larger vehicle manufacturers have employed the installation of safety devices called Electronic Stability Control or ESC for short. The device recognizes when a driver loses control and automatically uses the brakes to allow the vehicle to regain its stability. It makes use of special censors in order to detect any changes in balance and steadiness.

Unfortunately, the ESC safety feature isn’t a staple for all types of vehicle most susceptible to rollover accidents. As such, plenty of accidents that could have been easily avoided continue to occur in roadways across America. This is why cars that have this control are insured at a lower rate than those that do not. This website has more information on that topic. Vehicle manufacturers should be held accountable for any vehicle design defects that continue to contribute to such tragic accidents and hurt innocent motorists.

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Premises Liability: Property Hazards that Cause Slip and Fall Accidents

The National Safety Council reports that slip and fall accidents account for about 8.9 million visits to emergency medical departments every year. These numbers prove that injuries caused by slipping and falling aren’t as simple as they might probably sound.

While slip and fall accidents typically happen to individuals around 55 years and older, it’s important to note that these incidents can happen to anyone. In fact, slip and fall accidents can occur at any given place that has hazards all over the property. What’s worse, these hazards are typically found in areas frequented by the public. According to the website of Williams Kherkher Law Firm, easy to miss hazards can be rampant in parks, resorts, restaurants, and malls caused by facilities that aren’t properly maintained.

Some of the most common causes of slip and fall accidents: Uneven surfaces, unmarked steps, and lack of proper railings on stairs. Aside from these three noted hazards, accidents can also occur are due to slippery or wet floors, exposed wires, and poor lighting.

When people slip or fall due to these hazards, the injuries they sustain can vary in its severity. Sometimes, a slip and fall accident could involve lacerations, sprains, or broken bones. Sometimes, they can also result in injuries to the neck, back, or head. These more serious injuries can cause temporary or permanent disability, especially for individuals that are much older.

The personal injury lawyers from The Ausband & Dumont Law Firm say on their website that property owners are expected to maintain a standard level of upkeep for their premises. Part of their responsibility is to ensure that the risk of any accident is significantly reduced. When this responsibility isn’t properly met, property owners can be considered liable for such accidents and their outcomes. If this happens, victims involved in these incidents can consult with experienced legal professionals to learn more about the steps and actions they can take.

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The Benefits of a Premarital or Postmarital Arrangement

Marriage is an important step in the relationship of many couples. Before deciding to get married, couples will have plenty to discuss and prepare. Most of the time, these discussions can even last once they’ve become husband and wife. One way the law ensures that that these decisions are properly made is through premarital and postmarital arrangements. These contracts also known as prenuptial and postnuptial arrangements in some select states.

Premarital and postmarital arrangements basically detail a set of rules agreed upon by the couple. These rules are concerned with financial decisions in the event of separation, divorce, or death of a spouse. In particular, these arrangements are meant to field decisions about the distribution of their property and death benefits. Premarital contracts are signed during a couple’s engagement, while a postmarital contract is arranged after a couple is legally wed. According to the website of Holmes, Diggs & Eames, PLLC, both these arrangements help support the best interest of the couple and allow them to plan for any unforeseen circumstances.

There are many reasons why couples can benefit from either a premarital or postmarital arrangement. Certain situations might necessitate that the states of a couple remain separate after their marriage. For example, a business owner might need to have her finances separated from her husband’s to avoid complicating established arrangements. The website of the Houston divorce lawyers at Holmes, Diggs & Eames also points to scenarios involving spouses with children from an earlier marriage, and those who have future inheritances or significant amounts of debt or assets.

According to the website of Arenson Law Group, PC, one of the most obvious benefits of a premarital or postmarital arrangement is the fact that it can ease the process of transition in case of divorce or the untimely death of a spouse. Working with an experienced family lawyer can ease the management of financial details during such difficult times and can spare many headaches to both spouses.

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Is Offshore Outsourcing Right for You?

In recent years, offshore outsourcing has quickly become an attractive option for many American businesses. Assigning important business processes to workers abroad allow companies and organizations to enjoy a variety of benefits.

Perhaps the most appealing benefit to offshore outsourcing is the fact that it has proven to be quite cost effective. This is particularly true for American companies who have opted to outsource jobs to countries with lower labor costs such as India and the Philippines. According to a news report by the LA Times, the average monthly salary of a call center representative in the Philippines is at around $750. In comparison, the Bureau of Labor Statistics notes that American employees working in the same industry are set to receive about $2500 each month.

Aside from being a cost effective option, offshoring can also lead to other known advantages such as gaining access to a wide talent pool able to provide technical expertise and experience. Outsourcing particular jobs can also allow American employers to focus on the core competencies of their business and enjoy a faster turnover rate for projects that might be tangential to their immediate objectives.

The most common jobs outsourced internationally revolve around customer relationship management. According to the Pinoy Partners Outsourcing Center Inc. website, an American-owned business process outsourcing (BPO) company based in the Philippines, many Fortune 500 companies have established call centers internationally. However, other business processing tasks such as medical transcription, healthcare information management, legal services, content writing, blogging, and research can also be outsourced abroad. With the cost effective options to outsource these tasks out of the country, there’s the question as to why not?

The typical issues that arise with offshore outsourcing are language barriers, hidden costs, and unproductive sourced employees. Fortunately, these issues can easily be solved by working with a legitimate and experienced BPO company based in English-speaking countries. India and the Philippines, which are known to have some of the largest English-speaking populations in the world, are currently leading the offshoring industry. BPO companies based in these countries are providing many American businesses with quality workforces.

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Xarelto isn’t all Bad; Just Bad Enough

One in three Americans suffer from hypertension, the precursor to myocardial infarction and stroke. Anticoagulants such as Xarelto (rivaroxaban) thin the blood to relieve the pressure on the heart as well as to prevent the formation of blood clots that can cause deep vein thrombosis (DVT), pulmonary embolism, and strokes.

One study shows that Xarelto is effective in reducing the number of hospital visits for DVT patients by as much as 27% compared to patients on other blood thinning medication. Xarelto is also efficacious in the management of hypertension in many patients because it has no dietary restrictions and there is no need for constant monitoring, such as in the case of warfarin, which is the standard treatment for hypertension.

There are ongoing efforts by development partners Janssen Pharmaceuticals and Bayer Healthcare to expand the use of Xarelto by conducting numerous clinical trials. The most current one is called NAVIGATE-ESUS, which will be using data from 7,000 patients who have recently suffered ESUS (embolic stroke with an unknown source). The aim of the study is to see how well Xarelto will work against the standard aspirin in preventing a second stroke event. If the clinical trial shows favorable results, Xarelto will be up again before the Food and Drug Administration (FDA) for expanded clinical approval. And more money, of course.

However, Xarelto is also giving headaches to the Janssen and Bayer legal teams because it works too well. According to the website of the lawyers at Williams Kherkher, some patients on Xarelto experience severe and sometimes fatal internal bleeding events for which there is no known antidote. More than 80 lawsuits have been filed against Janssen and Bayer and is currently consolidated in Philadelphia under multidistrict litigation. The claims are sufficiently similar: patients were inadequately warned about the bleeding dangers of Xarelto.

If you have suffered serious harm from taking Xarelto, you could be eligible to join the ranks of the plaintiffs. Consult with a Xarelto lawyer in your state for more information about the liability of these drug companies.

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