Posts by Ricardo

Many Trucking Companies are Guilty of Violating Federal Rules Governing Trucks

Posted by on Aug 11, 2016 in Uncategorized | 0 comments

There are about two million registered semi-trailers operating on and sharing roads and highways with smaller vehicles. According to the U.S. Department of Transportation, close to half a million of these trucks get involved accidents every year, accidents that result to about 130,000 injuries and 5,000 deaths.

Despite these huge numbers in accidents, injuries and deaths, semi-trailers, also called big rigs or 18-wheelers, cannot be taken off the road due to their major contribution in the nation’s economy. This does not stop the federal government, though, from passing and strictly implementing laws that are hoped to make roads safer and minimize the number of truck accidents. The federal government agencies which make and enforce laws include the Federal Motor Carrier Safety Administration (FMCSA), the Federal Highway Administration (FHWA), and the National Highway Traffic Safety Administration’s (NHTSA).

Two of the very important laws passed by these agencies are the rule on the Hours of Service and the Commercial Motor Vehicle Safety Act of 1986.

The Hours of Service (HOS) mandate, which was issued by the FMCSA, governs the working hours of those operating a commercial motor vehicle. HOS sets the maximum number of daily and weekly hours that a truck driver can spend driving; it also determines how long a driver should rest between driving shifts. This mandates aims to make sure that no driver of semi-trailer is feeling fatigued or sleepy whenever they hit the road. To track the number of hours a driver spends on the road, he or she could use either an ordinary log book or an electronic on-board recorder (EOBR).

The Commercial Motor Vehicle Safety Act of 1986, which establishes uniform testing and licensing standards for operators of commercial motor vehicles. Due to the enormous size and weight of semi- trailers, the government strictly requires that drivers possess the necessary knowledge and skills in the safe operation of these vehicles. Thus, before being issued a commercial driver’s license, a person will first need to undergo special training and pass a series of tests.

As explained in the website of Crowe & Mulvey, LLP, some trucking companies make oversights regarding safety through violation of the hours of service rule, negligent hiring, failure to Employer Negligence train drivers, and failure to inspect vehicles. These oversights can constitute negligence which is the major basis, for whoever may be injured in an accident involving trucks, for filing a civil lawsuit.

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Driving Distracted – A Threat to the Safety of Everyone on the Road

Posted by on Apr 15, 2016 in Automobile Accidents | 0 comments

The National Highway Traffic Safety Administration’s 2014 report on car crashes showed 30,057 fatalities, the least number of deaths in car accidents probably since the 1970s. While there have been accidents which were due to factors that are beyond the control of drivers, such as defective car or car parts or defective or poorly maintained roads, highways and bridges, both the Centers for Disease Control and Prevention (CDC) and the Fatality Analysis Reporting System (FARS) of the NHTSA hold that 90% of all road crashes can be blamed on drivers.

These  road crashes are consequences of bad road behavior, a number of which are driving recklessly, driving above the set speed limit or driving too fast for road conditions, driving while impaired (by alcohol, illegal drug or prescription/over-the-counter drugs), making improper lane changes, tailgating, ignoring traffic signs and signals, not focusing on the road, and allowing oneself to be distracted while behind the wheel.

Since 2012, distracted driving, particularly involving cell phone use, has remained to be the worst form of driving distraction in the US. Distractions while behind the wheel take many forms, so many of which have even become unnoticed or have become too common that drivers no longer consider them as distractions. A short list of driving distractions includes: eating and/or drinking while driving; looking at a map; talking with other car occupants (studies have shown that the more people there are in a car, the greater distraction there will be to the driver); adjusting electronic devices, like a GPS; adjusting a car stereo and/or setting it to full volume; grooming; adjusting a tie; lighting a cigarette; playing with child occupants; reaching for something, especially, at the back seat; and, arguing with someone while driving.

Due to driving  distractions, 421,000 individuals were injured and 3,328 lost their lives in 2012 (number of injuries was 9% higher than in 2011 which was only at 387,000). Unlike drunk-driving, driving recklessly and speeding which a greater majority of drivers will never risk committing, distracted driving can happen to anyone – even to drivers who are always concerned about road safety.

Regardless of the severity of injury that distracted driving may cause, this type of driving error is a threat to the safety of the drivers themselves, to other motorists, pedestrians and all others on the road. In its website, the law firm Williams Kherkher talks about the damages and losses that victims of car accidents may suffer.

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What causes lung cancer?

Posted by on Nov 7, 2015 in Health | 0 comments

The American Cancer Society stated that approximately 221,000 new cases of lung cancer will be recorded before the end of 2015. The agency further stated that this year, fatalities associated with lung cancer are estimated to be around 158,040. The staggering number of new lung cancer diagnosis and lung cancer deaths in the country is a result of a variety of different factors, which we will discuss below:

Tobacco use

A majority of lung cancer cases in the U.S. have been associated with cigarette and tobacco use. In fact, WebMD stated that approximately 90% of lung cancers have been a result of smoking. Second hand smoke is also considered a primary factor. Research stated that people who live with a smoker have a 24% chance of developing lung cancer, even if they do not smoke.

Air pollution

A majority of lung cancer diagnosis and deaths have been associated with poor air quality. Car fumes, for instance, contain dangerous oxide that may increase your risk of the disease. Unfortunately, some car companies care less about the environment and people’s health in exchange of bigger profits. Volkswagen sold diesel cars equipped with a sophisticated device designed to defeat standard emissions tests.

Radon exposure

Radon is an odorless, colorless gas produced by the decay of highly-active radium gas. It comes from the bedrocks and seeps its way into your basement’s cracks and fissures. WebMD says radon exposure accounts for approximately 12% of lung cancer fatalities. A majority of homes in the U.S. may have some levels of radon in it, so it is important to have your home checked to know if your house has dangerous levels of radon gas.

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Possible Causes of Aviation Accidents

Posted by on Jul 7, 2015 in Automobile Accidents | 0 comments

Millions of people fly every day around the world, and many have fears of flying. With images emblazoned in the news of horrific plane crashes like the recent Germanwings crash and the TransAsia crash, which produced a terrifying image of the plane hovering sideways above a highway in Taiwan, it is understandable why many have fears of flying.

Although pilots must complete years of extensive training and practice before ever taking flight, mistakes do happen, nonetheless. Some of these errors may even lead to death or injury of passengers. One of the top causes of plane crashes, unfortunately, is pilot error. According to a 2015 study by Statistic Brain Research Institute, pilot error accounts for as much as 53% of all fatal plane crashes.

Pilots are responsible for so many different aspects of the flight, it is not uncommon that mistakes are made and things overlooked. Pilots must observe weather conditions, radar, and readouts from plane mechanics, all while performing safe takeoffs, cruising, and landings.

Pilots can often be overworked and forget to take into account different physiological factors, such as sickness, alcohol, medication, stress, or fatigue that affect their ability to operate an aircraft, and ultimately affect the safety of the whole flight, passengers and crew included.

Stress can serve as a distraction in the cockpit, and make the pilot’s mind wander from the task at hand: keeping the flight safe. Poor communication can also threaten the safety of the flight. Whether between co-pilots or with the crew on the ground, a lack of communication can result in serious consequences for all aboard the flight.

Click here to learn more about pilot error and liability.

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The Perils of Distracted Driving

Posted by on Apr 4, 2015 in Automobile Accidents | 0 comments

No matter how unsettling, it’s a fact that car accidents are a common occurrence all over America. As the U.S. Census Bureau reports, an average of 10.6 million motor vehicle accidents have been officially reported in the span of 6 years, starting from 2004 until 2009. A huge portion of these reported incidents resulted in serious injuries and fatalities.

Among the most common suspects to devastating car accidents is distracted driving. According to Distraction.org, a website set up by the U.S. Department of Transportation and National Highway Traffic Safety Administration, distracted driving has led to 3,154 fatal crashes in the year 2013 alone. The top reason that these accidents happened is because drivers were texting or talking on their mobile phones.

The Centers for Disease Control and Prevention (CDC) defines distracted driving as driving while doing another activity that causes you to split your attention. As posted on their information page, there are 3 types of distraction that happens behind the wheel. Visual distraction is when drivers take their eyes off the road to do something else. Manual distraction happens when drivers take their hands off the wheel. Finally, cognitive distraction applies for situations when a driver starts to absent mindedly operate their vehicles. The use of phones while driving is particularly alarming because it involves a combination of all three of these scenarios.

The U.S. Department of Transportation is currently heading efforts to curb instances of distracted driving. However, their campaigns will fail to bear fruit as long as the public aren’t made aware of the perils of driving while distracted. Victims can end up suffering long-term consequences caused by injuries like whiplash and traumatic brain damage. Not only does this issue lead to serious risk of injury, there are too many reported cases of distracted driving leading to fatalities. Every driver should contribute in making sure that all roadways in the U.S. are kept safe for the whole community.

If you were involved in accident caused by a distracted driver, know that there are legal avenues that allow you to seek just compensation. Don’t hesitate to consult with an experienced personal injury attorney working in your area. For example, victims living in Florida can visit the website of West Palm Beach car accident lawyers for more information.

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