Category Archive
The following is a list of all entries from the Lawyer category.
Who Can Be Held Responsible for Laredo Truck Accidents?
Almost 4,000 people lost their lives in truck accidents in the United States in 2012. The National Highway Traffic Safety Administration (NHTSA) also indicated another 104,000 motorists were hurt because of involvement in a crash with a truck. Many victims of truck accidents experience costly medical bills and some have their careers derailed due to their injuries. Family members face both emotional and financial devastation following fatal truck accidents.
Victims of truck collisions and surviving family members need to know who can be held accountable for their losses.
Who Can Be Held Responsible for Truck Accidents?
According to the Insurance Institute for Highway Safety, 70 percent of people killed in truck accidents are in other passenger cars, rather than in the truck. These victims will need to determine if any of the truck driver’s actions were the cause of the truck crash. If a trucker was unreasonably careless, violated state laws, or violated any Federal Motor Carrier Safety Regulations (FMCSRs), this could result in a truck driver being held liable for collision losses. Victims can pursue a case against the truck driver and recover compensation through a negotiated settlement or a jury’s verdict in a personal injury or wrongful death civil suit.
Filing a claim against the trucker may not be the only choice for victims, and it’s rarely the best choice. Trucking companies have much more money and much broader insurance coverage than individual truck drivers. As a result, victims may wish to hold the trucking company liable for accident damages.
2620 San Bernardo Ave Laredo, TX 78040 Phone: 866-465-9093 Local: 956-718-2300
How Federal Rules Affect Buffalo Truck Accidents
When truck accidents in Buffalo occur, it is very often not the person who is in the truck who gets hurt in the incident. Insurance Institute for Highway Safety (IIHS) indicated the victim who is killed in a deadly truck accident case is outside the truck and in a different passenger vehicle 70 percent of the time.
Whenever a victim is injured or killed in a collision involving the truck, the victim needs to know his rights. There are federal rules, called Federal Motor Carrier Safety Regulations (FMCSRs) which can have a profound impact on how a collision victim’s case goes against a trucker or trucking company.
How Federal Rules Affect Buffalo Truck Accident Cases
In a typical Buffalo car accident, the victim of the crash has the opportunity to sue a driver who caused the accident provided the victim’s injuries are more serious than would be covered by NY’s no fault insurance. Victims have to prove the other motorist was negligent, which is usually done by showing the driver was unreasonably careless.
Victims who sue will recover compensation paid by the insurer of the careless driver. Drivers have to buy $25,000 per person and $50,000 per accident in liability coverage. As a result, insurers pay out a maximum of $25,000 to each injured person and a maximum of $50,000 total to all victims of a particular accident if the driver who caused the crash only had minimum coverage. Victims need to take insurance policy limits into account when deciding whether to settle because insurers don’t pay more than policy limits.
James Morris Law Offices 350 Main Street, Suite 2405 Buffalo, New York 14202 Toll Free: 800-477-9044
Providence Companies Can’t Focus on Both Work Injury Prevention & Profitability
Big organizations frequently make safety mistakes, sometimes making the same errors multiple times. This is true even when the outcomes are disastrous, such as an employee being killed or injured and a workers’ compensation claim being made for disability or death benefits. Recently, Safety News Alert published information on research providing new insight as to why safety errors repeatedly occur, even when companies should know better.
A Focus on Both Safety & Profitability Isn’t Possible
The study into why safety errors keep happening was conducted by the McCombs School of Business, which is the business school of the University of Texas at Austin. Researchers found companies make repeated mistakes because they go through cycles called “organizational oscillation.”
This research contradicted earlier data, which suggests companies either learn from their mistakes or fail to learn from their mistakes. If companies go through periods of organizational oscillation, they neither learn nor fail to learn from past problems. Instead, they go through cycles or learning and then of forgetting.
In the immediate aftermath of a serious mistake or a disaster, the company ends up being pushed forwards a focus on safety. Media, lobbyists groups, and government regulation can also cause companies to become more safety-focused, even if an accident does not occur. However, a major catalyst like an employee getting badly hurt is usually a driving force leading companies to be dedicated to improving safety.
The Law Offices of Deborah G. Kohl 191 Bedford St Fall River, MA 02720 Phone: 508-677-4900
Preventing Harrisburg Truck Accidents by Mandating Snow Removal
In Pennsylvania, truck drivers may soon have more responsibilities for the removal of snow and ice from atop their big rigs. Pennsylvania Senate Bill 94 would impose an affirmative responsibility on truckers with vehicles weighing 48,000 pounds or more. Truckers would have to take steps to remove accumulated snow and ice. If they failed to do so, police could pull them over and fine them between $25 and $75 per occurrence even if no snow or ice came lose while driving. If snow or ice actually fell from a moving truck and hit another person or car and caused death or serious bodily injury, the driver would be fined between $200 and $1,000 for each offense.
Laws requiring the removal of snow and ice are necessary to prevent Pennsylvania truck accidents from occurring. Just recently, reports indicated the driver of an SUV was injured because ice fell off a truck and broke his windshield. Some states already have such laws in place, and others are considering passing them. Penske warns long-haul truck drivers to be aware of the variances in state laws as they cross the country to make their deliveries.
Truck Drivers Need to Prevent Truck Accidents by Removing Snow and Ice
Trucking Info indicates some truckers are objecting to the proposed Pennsylvania law on removal of snow and ice. Truckers are concerned at the lack of clarity regarding a requirement they take reasonable steps to try to remove snow and ice. Sometimes, snow and ice cannot be removed easily, which puts truckers in a bad position. The tops of tractor trailers cannot be walked on because the tops of the vehicles are made of sensitive fiberglass. This also complicates the snow removal process because the top of the vehicle could be scratched or damaged.
Metzger, WickershamShippensburg Area 124 W. King Street Shippensburg, PA 17257 (717) 530-7515
