Archive for March, 2012
Friday, March 16th, 2012
I can’t truly explain the surprise I felt when I found out that my best friend’s grandmother, a wonderful person whom I had known for many years, had a Facebook account. Yes, she “friended” me on the popular networking site, which would mean that she also had an email account and possibly a Twitter account, as the trend seems to follow. I thought to myself, “What is the world coming to?” Statistically speaking, of the millions of internet users every month, 25% utilize social networking websites like Facebook or Twitter. Not only is it more popular to be “friends” with your BFF’s grandmother on Facebook (FB), it is also wildly vogue to use your FB account is a virtual up-to-date, minute-by-minute diary of your daily activities.
While the tendency to publish up-to-date entries on your FB or Twitter accounts may satisfy growing curiosity of friends and family, it may also have an adverse effect on any pending civil litigation. In the event that you are involved in car accident, we firmly advise that you, as an existing or potential client, refrain from commenting, posting or discussing any details regarding your case as these publications (public or private) can and will be used against you in any subsequent litigation.
Your insurance company, as many insurance companies practice, will investigate your claim and react accordingly. Typically, insurance companies will seek out any information regarding your car accident, from the location of the accident to who may have been at fault. As of lately, insurance companies have also sought out information from social networking sites that may be used to incriminate the claim holder like these examples display:
- A plaintiff who maintained she was disabled, however, the judge presiding over her case admitted photos of her dancing that had been published on Facebook.
- A plaintiff who claimed she was unable to work because of a back injury had a video of her doing the limbo on a cruise published to her Facebook account, which was later obtained by her insurance company.
- A plaintiff who claimed to have brain injury had their Facebook account activity admitted to their case by the presiding judge.
While the insurance companies may only seek to discredit and embarrass the claim holder, there are other times when public postings, like those frequently found on Facebook, may be used to shed a negative light on the defendant in a car accident case, like the following incident:
- A defendant who was involved in a fatal car accident where her boyfriend was killed while she was driving under the influence. The presiding judge had decided the defendant should be tried and sentenced as a juvenile until a photo titled “Drunk in Florida” was discovered depicting the defendant inebriated while on vacation. Ultimately, the defendant was found guilty and sentenced as an adult.
Although social networking sites are popular and somewhat addictive, we strongly suggest that our clients steer clear of social networking or blogging accounts immediately following an accident, where you or someone else sustained an injury. We also suggest that you and any of your friends who have “tagged” you remove any photos or content that may be used to defame your character.
If you have any questions regarding the previous discussion and how it may relate to your case, please do not hesitate to contact us. We will work hard to handle your case with the respect and dignity that is deserved.
Thursday, March 15th, 2012
The seasons are a part of the year that we have all come to know very well. The summer is coveted by most as either a time for individuals to sit back, relax, and catch some rays of sun. Fall gives us the opportunity for pleasant weather that is simply perfect for taking a walk outside around the park. Winter is a time that we can all get around the fire place, pull out our jackets, and expect great family holidays. However, one of the most important seasons is spring. It symbolizes many different things for individuals religiously and physically.
Yet, one aspect that your sure to see of spring is that of allergies. When plants that have withered away with winter come back into bloom they produce a substance called pollen that many individuals are either allergic to, or causes them to easily become ill. This year, the pollen count is not only double that of last year’s, but at an extreme record high that has individuals in fleets going to seek the help of medical professionals.
However, what does pollen mean for you as a truck driver? When you are a truck driver you have a personal understanding that you not only have the responsibility of getting your truck delivered on time, but also that of safety and all of the road’s vehicles and pedestrians alike. Many times this year you see a number of sick individuals, but obviously this year you are seeing more than ever.
Usually, people do not even think or come to terms with the fact that their allergies could contribute to a motor vehicle accident occurring, and the possibility of injuries, or even death even occurring. However, we are beginning to see more and more cases that not only show trucking accidents are occurring due to illness, but individuals that are reaping the consequences of it.
Today, individuals can easily be seen causing an accident by merely sneezing. By taking your eyes off the road even for a second you never know what you could look back up at in an instant. When you are feeling under the weather, or frankly just ill, make sure that you take your health into mind as well as safety and seek out a health professional to prescribe the appropriate medication, as well as asking them will it impact you operating your commercial truck. Doctors might not always be right, but they always are when it comes down to the safety of their patients on and off the roadways with prescribed medications and illnesses exist with the driver.
Wednesday, March 14th, 2012
Railroads are a known thing by many individuals and the trains that travel on them whether it is used for transportation of materials and supplies, or simply as an alternative method of transportation getting individuals from one place to another. Although trains are not still used as the leading form of transportation as they once were individuals are still able to catch a train for a weekend trip or simply to cut the costs of filling up your vehicle. However, today, trains are very important methods of transportation for building materials, chemicals, and other supplies that are used by many different companies in order to make the products we have become use to and dependent upon in this day and age.
Yet, what happens when trucks that carry equal amount of supplies or materials have accidents with trains that are doing the same? Today, accidents are an inevitable portion of our life whether we accept that fact or not. However when trains and trucks are involved there are very serious issues that can arise. Both vehicles are not only carrying materials that have been purchased and paid for, but these are usually very dangerous, and hazardous. When one material is dangerously combined with another under these circumstances one can only imagine what could easily occur.
Usually when this does happen not only are you looking at the potential damage to not only the train and truck, but also the roadway and especially the railroad. One can only imagine that when this does occur the driver, or passengers of both vehicles not only face injury, but even death. However, those individuals are not the only ones that are put at risk, but also the innocent other motor vehicle operators and pedestrians that are simply passing by.
When a truck and train accident occurs it usually results in individuals not only being severely injured, but even dying from someone’s careless error that takes only a few seconds to occur. When you are behind the wheel of any vehicle you have a responsibility that lies with the road and safety of not only yourself, but also others on the roadways. When you have an accident whether it is your fault or not, you need to make sure that you have an experienced, and dedicated attorney on your side to help you through the struggles of your trucking accident.
Tuesday, March 13th, 2012
No matter what type of vehicle you are in you will always have a few things that match such as the steering wheel, seats, cup holders, and especially an engine being present. However, one thing that individuals not only want but need in a car is that of a radio that will play music. Music helps people take a load of stress off especially in this day and age. With new technology such as mp3 players, and cellular smart phone devices people are usually able to plug these in and enjoy their music wherever they go. Yet, you would be surprised by some of the ideas that some individuals have these days when they are driving.
The next time that you are out on the road pay attention to some of your neighboring drivers. Of course you’ll see varying ages and genders, but what about headphones. More and more individuals are using music devices that require headphones to be used versus using the radio. People enjoy all their new technology so much that they want to listen to it while they drive. Yet, some vehicles do not have the updated technology or outlets to allow these devices to be synced into the vehicle’s radio system.
Individuals then think that since they have headphones they have no problem. However, that is not the case. When you drive a truck, or any vehicle for that matter, your commitment at the moment is to the road and other drivers, not your music. Individuals who have headphones on when driving only hear their music. Unlike when you have the radio on, you cannot hear other vehicles either honking to alert you to watch out, or emergency service vehicles that need to either get to the scene of a crime, or take an individual to the hospital.
Individuals who use headphones versus the radio also raise their chances of having an accident on the road. Studies show that the attention span of a driver not only is focused on just their music and what they immediately see before them, but also shows the lessened likelihood of a driver paying attention to other drivers around them and the hazards within the roadways.
When you drive it is your responsibility to not only take care of yourself and your vehicle on the road, but also to take in consideration other drivers and their safety as well.
Monday, March 12th, 2012
When we wake up every single day we never know what the world has to hold for us. It could be an increase in our pay at work, we could have a flat tire on our car, we could win the lottery, or more commonly seen, we could be in an accident. At the end of everyday, if you have not been in a car accident consider yourself lucky because you can be sure that somewhere some individual has been in a car or trucking accident. Yet, what do you do when you have been in a trucking accident? What is your next move?
Trucking accidents are serious in every aspect that can be associated with it. One important one is that of time. Time truly is of the essence in the situation when it comes down to accidents in general. When you have been in an accident you need to make sure that you contact not only your commercial trucking company immediately, but also law enforcement officials to make sure that the accident is properly recorded and reported. If not, individuals can easily take advantage of this in court and ultimately get more damages than they deserve.
After you have contacted your insurance agency, and commercial trucking company make sure that you comply with all of the requests that they ask you to submit to it. From there, you need to contact an experienced, and committed attorney to help you handle the situation at hand. Usually, some injuries can be resulted when a large trucking accident occurs and damages will be awarded accordingly. However, individuals have been known to create fictionally injuries in order to gain more money in the outcome of the case.
Because of this, you need to make sure that evidence from every party and every aspect of the accident is present within a legal setting, including court. Many cases can be seen that individuals who sue trucking companies not only walk away with money for their injuries sustained, but also much more than they deserve, which can not only impact the driver from the accident, but the overall trucking company as well.
When you are in a trucking accident make sure that you take everything into mind especially your personal legal protection in the matter. At the end of the day no one is perfect and people do make mistakes so make sure you have an attorney that recognizes that and is dedicated to helping you every step of the way.
Friday, March 9th, 2012
Every year can be assumed to be like a chapter in a book where you can be the writer, or the reader of your life. You know that some things in your life are out of your hands, but others you can easily embark upon yourself. When it comes down to your professional life, your personal life, and especially the fun you have in life you have options and decisions, which ultimately impact the other things in the end. However, one thing that you do not really have control of at the end of the day is that of becoming ill.
We get sick every year whether it is a cold, a virus, or something more serious. However, thanks to modern technology and medication today we can begin to get better easier and faster. Yet, work is still calling each day even when your sick. However, should you go to work, such as driving your commercial trucking vehicle while sick?
If you said “Yes” you might want to revaluate and consider a few things. Recently, many trucking accident cases have come to light that show that it resulted not from erratic driving, or lack of care and consideration for others, but simply because they are sick and even sneezed. One instance shows what can truly happen when you simply have the sniffles.
A man was driving his commercial trucking vehicle, while sick; in order to make sure that a delivery was met on schedule. As he was driving on the interstate he sneezed and simply closed his eyes for literally half of a second. The next moment that they opened he was loosing control of his vehicle and ended up injuring 7 people as the result of a simple symptom from the cold.
Although it does not seem like a big deal to go into work ill it is when you are a commercial trucking driver. Make sure that when you feel under the weather that you take the proper medications that will not only make you feel better, but will also not make you feel drowsy or unable to properly operate a motor vehicle. When your illness has been going on for a longer period of time make sure to seek the proper medical attention in order to get better faster and get back on the road sooner.
When you’re in an accident you need an experienced attorney on your side to help you with every step of the way from start to finish.
Wednesday, March 7th, 2012
Technology is an active part of our lives today whether you know it or not. For instance, take a look around your bedroom and see how many pieces of technology you have in it. Usually you could easily notice your television, telephone, and even your laptop or desktop computer. Although tasks seem easy with these things can you imagine life without it? However, we know that we have to have some restraints within technology especially when we are behind the wheel of a motor vehicle.
Cellphones have been known to cause many issues with drivers whether it is a commercial truck driver, or simply an ordinary person that is driving from home to work and back. Erratic driving, swerving in between lanes, side swiping other vehicles and stationary objects, as well as severe accidents can all occur in just a matter of seconds thanks to the cellphone. However, many states are beginning to notice this and are starting to crack down on drivers and their safety.
Although many cellphone bans are currently in existence, many states are still trying to jump on board with cellphones and safety. In January of this year, a law was passed stating a ban on cellphones for commercial truck drivers not only within one state, but also throughout the United States as a whole. In the past, many truck-driving accidents have been contributed to by cellphones and have resulted in not only the serious injuries of individuals, but even their untimely death.
Currently, the only thing that is actually banned from usage is the physical use of a cellphone such as texting while driving, or holding the actual phone up and making and taking calls with your hands. However, drivers do have the option of purchasing a hands free calling device, syncing it to their phone, and using it while on the roadways in order to eliminate them actually having to pick the phone up while driving.
When it comes down to it the safety of not only yourself, but also others is something that should always be a priority to any driver whether you are driving a large truck, or a small car. Without following bans and rules of the road, as they should you are not only putting yourself at a higher risk for injury, but also death. Make sure that when behind the wheel of a motor vehicle of any caliber that you are making safety a top priority.
Tuesday, March 6th, 2012
Driving is an action that you can plan on participating in everyday. Whether it is running a mile down to the store to pick up groceries, going on a vacation and driving to the beach, or having to drive a delivery from one place to another, Americans not only drive, but have to in order to keep their busy lives going. When we drive we want everything to go as smoothly as possible, especially when it is that of our safety and the safety of others on the roadways. However, we all know that accidents happen, but at what cost?
Drinking and driving or driving while under the influence of other drugs is illegal in 50 states. When you are the driver of a large truck or 18-wheeler you have a responsibility not only to yourself, but also to everyone else to exhibit the proper safety out on the roads. However, not everyone either grasps or understands that they not only have their own life in their hands, but the lives of others as well.
Recently, a truck driver was fired not for drinking while behind the wheel of his vehicle, but for simply having beer within the car. While it seems to be true that the driver was not consuming the alcohol, but simply in possession of it, it did not matter to that of his trucking company and the American Trucking Association. Currently, there are regulations that state that alcohol is completely prohibited. No matter if it is an open or closed container there should be no products within the vehicle that have alcohol in them.
Specifically, it states that drivers of commercial vehicles should not have any beer, wine, or other forms of alcohol or else that will either be fired, or face their commercial driver’s license being suspended as well as having to pay a hefty fine.
When you drive any vehicle for that matter you have responsibilities, which safety is a top priority. Make sure that when you are the driver you are not only focused on getting from one place to another safe and soundly, but that everyone else is doing so as well. When you contribute to an accident from either drinking and driving, or other erratic driving behaviors you could easily be sued for liability and damages as well. When this occurs you need to seek the help and advice from an experienced attorney in order to protect yourself in every way, shape, and form.
Monday, March 5th, 2012
When we have a job we are expected to work a number of hours a week. Usually the moment we walk into the office we clock in and have to wait all day to clock out, and ultimately repeat the process 5 days a week. It not only ensures to your employer that you are actually showing up to do the job that you have been employed to do so, but also makes them aware if an effort beyond the call of duty is occurring. Similarly, when you are a truck driver you are expected to clock in as well, except it is known as a driver’s log.
A driver’s log helps hold an individual accountable to where they are, when they are there, and how long that they are on the road for. Currently, a truck driver is only allowed to drive for a period of 70 hours for an eight-day period of work. This means that for the safety and health of the driver they are not allowed to exceed this number in order to make sure that drivers do not experience fatigue that then could impact their ability to properly operate their vehicle.
However, many companies are not abiding to these rules of the road for truckers and are simply just trying to keep the money rolling in. Because of this, companies are not only putting their drivers at risk, but their businesses at risk from receiving any future business. Companies want reliability and someone that they can trust, yet, when trucking companies allow drivers to exceed the number of hours they are permitted to drive that trust is quickly being compromised.
Many companies have begun to crack down on tracking drivers and holding them accountable for their driving logs in order to ensure that everyone and everything is safe and secure at the end of the day. In order to do so, trucking companies are now installing more and more GPS units in their vehicles, keeping record of how many times a truck fuels per week, and even requiring that a driver check in at checkpoints on certain days in order to make sure that they are not exceeding their mileage.
When a trucking company does not take it upon themselves to check the logs of their drivers there are not only putting the driver’s health and safety at risk, but also that of innocent motor vehicle operators as well.