Category Archive
The following is a list of all entries from the Lawyer category.
NHTSA Moves Forward With New Rule to Prevent Charlotte Underride Truck Accidents
The prevention of deadly truck accidents is an important goal. National Highway Traffic Safety Administration indicates 333,000 large trucks were involved in collisions in 2012. The collisions killed 3,921 people and injured 104,000 people. In 70 percent of deadly truck accidents, someone other than the trucker is the one who dies according to Insurance Institute for Highway Safety.
There are lots of different kinds of truck crashes in North Carolina which can be deadly. One of the deadliest types of truck accidents, however, involves a collision in which a car goes under a truck. This can happen if the car hits the truck from the truck’s rear and goes underneath the back of the truck. Cars can also get forced under the side of a truck in accidents.
Special bars called underride guards should prevent cars from being able to get under trucks, but the rules for the bars aren’t good enough to ensure the bars actually work. As a result, while most trucks have underride guards, the guards aren’t doing enough. Now, NHTSA is finally taking some action to try to change this.
NHTSA Moves Forward With Underride Truck Accident Prevention Efforts
In December 2015, NHTSA published a new Notice of Proposed Rule Making. NHTSA is trying to change the requirements for rear impact guards and for rear impact protection as found in Federal Motor Vehicle Safety Standards (FMVSSs) Number 223 and 224. NHTSA’s changes would impose more robust requirements for rear impact guards on tractor trailers and on semi-trailers so underride safety prevention guards would have to improve.
NHTSA has taken a long time to move forward with the proposed new rule. Insurance Institute for Highway Safety has been sounding the alarm for about a decade about how inadequate existing underride guards have proved to be. NHTSA waited, though, and now there will still be an additional wait as the new proposed regulation moves through the regulatory rule-making process. As NHTSA has waited to take action, people have died. Around 423 people in passenger vehicles lose their lives annually because of underride accidents. There are also in excess of 5,000 people injured yearly because of underride accidents.
Hull & Chandler, Attorneys at Law 1001 Morehead Square Drive #450 Charlotte, NC 28203 View Map Local (704) 375-8488
Scranton DWI Defendants and DWI Defenses in Accident Cases
When an accident occurs when an allegedly impaired person is driving, this can result in very serious charges – especially if the accident causes an injury or a death. Typically, in a DWI accident case, a prosecutor shows a defendant was impaired and shows the defendant caused a crash to occur by driving while drunk and striking another car or another motorist. One recent case, however, involved a prosecutor trying to hold a defendant accountable for a collision which occurred even when the allegedly impaired defendant was no longer actively operating his vehicle.
The defendant ended up being convicted in the case, and Pix 11 indicates he was found guilty of 10 different offenses including manslaughter. The case was the first of its kind in which a DWI defendant was charged with manslaughter for a death he reportedly indirectly caused, even though he wasn’t actually driving and didn’t actually hit the person who was killed. It raises very important questions for when exactly an impaired driver can be charged with a crash and for how far a motorist’s potential risk of liability could extend. It underscores the importance of having a strong defense, especially as prosecutors try to expand the scope of responsibility of people who allegedly drive while intoxicated.
Holding a Defendant Responsible for a Death When he Wasn’t Driving
The case involved a motorist who reportedly had a blood alcohol concentration (BAC) of between .13 and .14. The impaired driver left a night club and was on the expressway. He allegedly hit a BMW, disabling the steering on the BMW, and then left the scene of this incident and continued driving. He subsequently stopped his car short before an exit, prompting an off-duty police officer to hit the back of the car which caused the off duty officer to experience several fractures. The car with the allegedly impaired driver subsequently came to a rest in the HOV lane.
Mazzoni Karam Petorak & Valvano Suite 201, Bank Towers 321 Spruce Street Scranton, PA 18503 Toll Free: (866) 434-5779
Gas Line Risks For Philadelphia Workers
Workers on construction sites are frequently required to dig under the ground and are frequently required to use heavy machinery when remodeling or erecting a building. Unfortunately, whenever digging is occurring, there is a risk a gas line will be punctured. Gas companies and municipalities are supposed to provide information on where gas lines are located. Unfortunately, sometimes maps and information are old or outdated or inaccurate or unavailable. This means there is always a serious risk of injuries occurring due to punctures or problems with the gas line.>
When a gas line is damaged, a fire can erupt and a worker could be badly burned or killed. Punctures to gas lines can also result in workers breathing in toxins which can make them sick. Victims or their families can pursue a Pennsylvania workers’ compensation claim for both injuries and illnesses which result from problems with gas lines encountered on-the-job.
Gas Line Risks a Big Problem for Philadelphia Workers
Issues with gas lines have become very common, especially in cities like Philadelphia where much of the infrastructure may be getting older. Philadelphia has some similarities to NY in terms of the risks of gas lines and just recently New York Post reported on workers who encountered a high pressure gas line when using a drilling rig.
According to the New York Post, there were 40 workers on the worksite when the drilling rig hit the high pressure gas line. The workers smelled the gas when the line was hit and were able to flee and escape the area. It was fortunate they were able to get away quickly from the location where the line was hit because “a geyser of flame” erupted. The flame was fortunately contained in the drilling rig and only one worker sustained a minor injury at the scene.
Law Offices Of Richard A. Jaffe, LLC 1500 John F. Kennedy Blvd. #1922 Philadelphia, PA 19102
Grocery Store Sued for Negligent Security After Shooting Death
A grocery store shooting has resulted in a lawsuit initiated by the estate one of the victims killed in the shooting incident. The incident took place two years ago, and the family of the deceased and the grocery store have been involved in negotiations to try to resolve the case outside of court. No resolution was reached, and the estate of the victim is now the plaintiff in a wrongful death suit, with the goal of recovering compensation for the sons of the man who was killed.
Negligent Security Case Claims Grocery Store Failed in Its Responsibilities
According to the South Bend Tribune, the lawsuit brought against the grocery chain claims the grocery store had failed to take appropriate steps to prepare for a potential shooting and to respond appropriately in the event of an attack.
The shooting involved a 22-year-old who opened fire in the store. The attack went on for six minutes. The attacked had a .40 caliber handgun. He reportedly wandered the aisles of the grocery store for approximately 30 minutes before actually pulling the gun and beginning to shoot. He attracted the attention of an unarmed security guard as he was wandering the aisles, but the guard was not able to do anything. Evidence indicates the shooter had created a plan to kill himself but wanted to hurt others in the process.
Law Offices of Gary Martin Hays & Associates, P.C. 3098 Breckinridge Blvd. Duluth, Georgia 30096
