Truck Driver Error, One of the Major Causes of Truck Accidents

A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) says that truck accidents are more due to errors committed by drivers of semi-trucks (also called 18-wheelers or big rigs). This is opposed to the results of a number of surveys which rather say that drivers of passenger cars are the ones more at fault in majority of road accidents involving trucks. The FMCSA, which is a separate administration within the U.S. Department of Transportation (DOT), has the primary mission of enforcing laws that will reduce crashes, injuries and fatalities involving commercial motor vehicles (CMV), such as large trucks and buses.

The most common truck driver errors that have been identified by the FMCSA include: driver fatigue; overspeeding or driving too fast for road conditions; drivers impaired due to use of prescription or over-the-counter-drugs; unfamiliarity with the road; lack of experience in operating a semi-truck; lack of focus on the road; distracted driving; improper attachment of trailer; failure to check “no-zone” areas or blind spots; failure to make sure that truck brakes are in good working condition; and, depowering of the front brakes to lessen wear and tear of tires and breaks and so save on operating costs. All these errors lead to many other things that directly affect the capability of truck drivers to react to danger correctly and on time.

It is common knowledge that semi-trucks pose a serious risk to other drivers due to their enormous size and heavy weight. Thus, if a driver does not possess the required skills to operate a truck safely or commits an error that results in an accident, fatalities and people sustaining severe injuries are not remote possibilities.

In 2013, records from the Highway Loss Data Institute, a non-profit research organization, showed 3,500 fatal large truck accidents. These accidents resulted to the death of 570 truck drivers, while the remaining count involved drivers of smaller vehicles, motorcyclists, bicyclists, and pedestrians. Injuries, on the other hand, exceed more than a hundred thousand.

About half a million truck accidents occur every year, leaving so many victims and their families burdened with emotional and physical pains, and in financial difficulties. No one wants an accident to occur, inluding the truck driver who may be at fault in the accident; however, due to the injuries or death of victims, erring truck drivers should only be made to face justice as well as compensate their victims for all damages resulting from injuries.

Dealing with the aftermath of a truck accident can be difficult, if not seemingly impossible. Fortunately, with the help of a Tucson motor vehicle accident attorney, a victim may not only be able to get the justice you are seeking, but also the financial compensation he/she needs to cope with the aftermath of the accident.

read more

Foreclosure Defense: A Way to Keep Your Home from Getting Foreclosed

According to the America’s Debt Help Organization, about 4.2 million US homeowners lost their homes due to foreclosure between 2007 and 2014. Foreclosure, based on the definition of the U.S. Department of Housing and Urban Development, is a legal process wherein a creditor or mortgage lender puts up loan collateral (most commonly a house) for sale to recover mortgages unpaid by a borrower. The process that leads to foreclosure usually starts after a borrower fails to pay his or her mortgage for three successive months.

Foreclosure has two major types: Judicial and Non-judicial. In Judicial foreclosure, a lender or mortgagee, which is usually a bank, is first required to file and win a lawsuit to have the right to foreclose on a property. While lenders normally do not make a legal move until a debtor has failed to pay the mortgage for three consecutive months, they actually have the legal right to foreclose on a property even with just a single default on payment.

A Judicial foreclosure procedure takes several months or a year to be completed. Currently, this foreclosure process is available in almost all U.S. states except in Michigan, New Hampshire, Tennessee, Utah, West Virginia and the District of Columbia.

In Non-judicial foreclosure, a lender does not need a court order to be able to foreclose on a property. This type of foreclosure, however, is only allowed if a “power-of-sale” clause is included in the deed of trust. The power of sale, whether in a deed of trust or mortgage, indicates the consent or a borrower to the selling of his or her mortgaged property through non-judicial foreclosure in the event that he or she defaults in payment. The lender, however, will first have to notify the owner of the property before his or her property is auctioned off.

The list of states where Non-judicial foreclosure is available includes Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Iowa, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia.

In states where both foreclosure processes are available, non-judicial foreclosure should be the process used if the borrower signed a mortgage that contains a power of sale clause; the judicial foreclosure process should be used, however, if the power of sale clause was not signed.

On the website of Ryan J. Ruehle Attorney at Law, LLC, it is mentioned how foreclosure can be a serious threat, especially to those contending with other debts. This is because other financial concerns can quickly render mortgage payments unaffordable. There are steps, though, as stated in the website, which can be taken to help prevent or delay the foreclosure process. Foreclosure defense is one of these steps which can protect owners from creditors who intend to have their home from being foreclosed.

read more

The Toxic Substances Emitted by Diesel

The stunt pulled off by Volkswagen, equipping its diesel vehicles with a defeat device, a computer software that is capable of automatically altering its vehicle’s engine operation and speed if it is being tested, was definitely a bold move. However, cheating its way into US market by making it appear that its cars produced clean diesel was a clear breach of public trust and an endangerment of public health, according to the US Justice Department’s Environment and Natural Resources Division.

Cars that run on diesel may be the future of vehicles driven on American roads and highways; for the meantime, however, this is not an immediately foreseeable possibility due to the greater human health and environmental hazards produced by diesel.

While cars running on diesel engine abound in Europe, in the US these only made up about 3.2% of the total auto sales in the year 2012. This is because though diesel is 20% to 40% more efficient than gasoline, it is known to produce particulate matter and nitrogen oxide (NOx) which are more toxic than carbon dioxide, the global-warming gas emitted by gasoline-run engines.

The question that may pop up here is how is it that cars and trucks that use diesel, despite the threat of nitrogen oxide, are allowed to continue running on US roads and highways whereas cars produced by Volkswagen, which number close to half a million, have to be recalled? The answer, according to the US Department of Energy, is the use of ultra-low sulfur diesel fuel which greatly reduces the stinky, sooty substance that diesel usually emits; of course, there is also the fact that carmakers have found a very effective means of trapping the type of air pollution emitted by diesel. Volkswagen, it seems is not aware of these, otherwise, it would have resorted to any of these two rather than resort to cheating – by equipping its diesel cars with a defeat device designed to reduce the emission of nitrogen oxides during testing. Outside a controlled environment, however, Volkswagen diesel cars are said to be emitting pollutants that are 10% to 40% higher than the limit set by the Environmental Protection Agency-enforced Clean Air Act.

Volkswagen diesel cars can definitely assure fuel economy and more mileage; but one other thing it has also assured is the buildup of rage among car owners and environmentalists. A Volkswagen emissions fraud lawyer may be able to explain to owners of cars who have been wronged by Volkswagen’s act of consumer fraud, how they may be able to hold the company accountable for the betrayal of their trust.

read more

How an IVC Filter can lead to Death

Pulmonary embolism is a severe risk for those who suffer from blood clots in other areas of the body. A leading cause of death, pulmonary embolism can occur if these blood clots migrate to the lungs. Due to the severe risks of this, IVC filters were created. These filters have been used since the 1970’s and are designed to catch blood clots with its cage-like legs before they can travel to the lungs. The device and its model have steadily increased since its inception, with more than 259,000 filters being used by the year 2012.

However, the very device used to prevent pulmonary embolisms in individuals suffering from deep venous thrombosis has been connected to deadly symptoms itself. The Bard G2 IVC Filter has been linked to 27 deaths and 300 injuries since its inception in 2005. While some minor symptoms can occur such as a headaches and chest pain, according to the website of Habush, Habush, and Rottier, they may be signs of deadlier consequences. Death has been linked to the filter mainly through migration or fracture of the device. When the legs of the filter break off, they often travel through the blood stream to other organs of the body, puncturing them. The device often migrates away from where it was surgically implanted as well, rendering the filter ineffective and leading to deadly consequences. Many individuals can also suffer severe heart injuries if the device migrates or breaks off near the heart, possibly leading to death.

The devastating and life-changing consequences of the device continue to grow in number as individuals are still dealing with the effects of the filter. Unfortunately, in the worst cases, the complications associated with the filter can lead to death, making it vital to be aware of the risks of the filter. If you have been implanted with a Bard G2 IVC Filter, contact a lawyer to learn more about your options.

read more

Who Is Entitled to File a Wrongful Death Claim?

To act with responsibility so as not to put anyone’s life in danger is both a moral and legal duty of any person. All human laws basically point to this, promoting and commanding at the same time respect for properties and, most importantly, human life.

It is for such reason why manufacturers of consumer goods have standards to comply with, why health care experts, like doctors, go through rigorous study and training, and pursue continuous growth, why laws that mandate the creation of a safe and healthy working environment have been passed, and why drivers, especially of commercial vehicles, are required to enroll in professional driving schools where they will learn and develop the skills necessary for safe driving.

Negligence or recklessness, however, continue to be the dominant behavior of so many people, choosing the excitement of taking risks over the safety of all those around them. Thus, because of these negligent or reckless acts, millions of accidents happen every year, accidents that injure millions of people and claim thousands of innocent lives. These injuries and loss of lives usually result from medical malpractice, car, truck, motorcycle or bicycle accidents, pedestrian accidents, defective products, poorly maintained premises, and workplace accidents.

Under the law, negligence has one presupposed factor: strict liability. This presupposed factor legally holds the negligent individual totally accountable for whatever result his/her negligent behavior leads to, whether injury of loss of life.

In the event of death, the victim’s surviving family, legally called the “real parties in interest,” may file a wrongful death claim or lawsuit through its chosen representative (may be a lawyer or any family member). The “real parties in interest,” first and foremost, refers to the dead victim’s, or decedent’s, husband/wife and children, whether biological or adopted). If the decedent was unmarried then the parents are the first in line. If the parents, however, are already dead, then some states consider the following persons as “real parties in interest”:

  • Those who were financially dependent on the victim, such as a life partner or a putative spouse. A putative spouse is someone who sincerely believes that he/she and the decedent were married
  • Grandparents and siblings
  • Any person whom the decedent cared for or supported while he/she was still alive, but who will definitely suffer financially due to the victim’s untimely death.

The victim’s untimely death can certainly cause devastating financial effects to his/her family and recognized dependents, making the need for compensation an immediate matter. While the law allows any family member to be the (family’s) representative, if this person lacks knowledge about the laws governing wrongful death and wrongful death claims, then it will do much good for the family to seek the help of a seasoned wrongful death lawyer, such as one from Louisville.

read more