Trucking companies are often referred to as “common carriers” thus trucking company responsibility is often referred to as “carrier responsibility”. The trucking industry is heavily regulated on both the state and federal level. Many of the legal duties and requirements placed on trucking companies were created to improve public safety. Our truck accident attorneys understand carrier responsibility and how it applies in your case.
Trucking companies have many legal responsibilities, and are required to keep extensive and detailed records. Among their basic responsibilities are strict rules regarding:
Screening and hiring drivers
Maintaining, inspecting, and repairing trucks
Record keeping on all of the above and more
Screening and Hiring Drivers
Trucking companies have extensive duties in screening their drivers and specific regulations regarding who they may hire. They must obtain background information which includes:
Driver’s license suspensions and revocations
Accidents and violations in both commercial and non-commercial vehicles for the last three years
Drug and alcohol testing for up to two years
Commercial driving employment records for the last three to ten years
Are at least 21 years old
Have passed a physical exam with the last two years
Have passed a road test in a vehicle which is comparable to the one they will drive
Possess a valid commercial driver’s license (CDL)
Trucking companies are required to keep extensive and detailed records including records to prove compliance with trucking regulations. Your truck accident attorney must have a very thorough understanding of trucking regulations so that he knows which documents to request, and what the information really means.
Although thorough records must be kept, many are only kept for a short amount of time. If you do not get started right away vital evidence in your favor could be legally disposed of or destroyed.
If you or a loved one has been injured or killed by in a truck accident, please call our truck accident attorneys. The initial consultation with our truck accident attorneys is free, and if we agree to represent you, we will work for a contingent fee, which means we won’t get paid for our services unless you receive a settlement or an award. A truck accident lawsuit must be filed before the expiration of the statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
Motorcycle accidents are often deadly or result in permanent disabilities. Mainly because of the lack of safety measures and foolproof protective equipment, motorcycle accidents are 35 times more deadly than any other kind of traffic accident, according to the National Highway Traffic Safety Administration (NHTSA). Many of today’s motorcycle accidents occur on highways and are the result of inattentive drivers and speeding motor vehicles including cars and trucks. Not wearing safety helmets contributes to the degree of severity of injuries received by motorcyclists. The NHTSA also estimates that safety helmets can reduce the chance of a fatality by 37%. While most motorcycle enthusiasts are well aware of the threat riding a motorcycle without a helmet poses, many still refuse to wear them and increase their risk of serious personal injuries.
If you or anyone you know has been seriously injured due to a motorcycle accident, please contact our Personal Injury Lawyers for a free consultation.
More than 5,000 people die from motorcycle accidents each year in the US. Motorcycle accidents occur in many different ways with many variables unique to each accident. However, similarities between motorcycle and automobile crashes are too blatant to ignore. Fast speeds, violent collisions, and, more often than not, inattentive or distracted motorists all play their role in typical motorcycle accidents. The majority of motorcycle accidents happen on highways with more than half of them involving other motor vehicles.
One of the main reasons motorcycle traffic accidents occur is aggressive driving. Failure to yield right of way or operating a motorcycle at unsafe speeds round up the top three reasons for the high rate of motorcycle accidents.
Common reasons for motorcycle accidents include:
Limited Visibility Accidents
Loss of Motorcycle Control
Motorcycle Accident Injuries
Traumatic brain injury (TBI) often occurs in motorcycle accidents where the driver of the motor bike was not wearing a helmet. Helmets can help reduce fatalities and serious brain injuries like concussions, head trauma, and TBIs by more than 37%. Motorcyclists are also frequently thrown off their vehicle after impact due to lack of safety harnesses on motorcycles. This may cause a myriad of injuries including road rash, broken bones, and spinal cord injuries.
The most common motorcycle accident injuries include:
Traumatic Brain Injury
Spinal Cord Damage
Soft Tissue Injuries
Motorcycle accidents can result in very serious consequences including permanent disabilities and substantial loss of income. Our experienced legal team can help provide you with all the legal options available to you from seeking justice to receiving compensation for your injuries. Please contact our Personal Injury Lawyers today.
If you have construction defect issue likes soil movement, construction deficiencies, or low quality products used, you may see some symptoms in the exterior walls and interior walls. For example, walls may have cracks from the floor to the ceilings. Exterior walls and interior walls may have water damage. This could be due to poor workmanship on the roof, windows or doors. You may also see water damage from issues with cracks in the exterior wall that have allowed moisture to enter. In this case, you may find dryrot or mildew growing. Either issue is extremely difficult to repair. In general, water issues can be very detrimental since they can even cause structural failures.
Shear walls refer to the vertical limps that help with structural support of exterior walls, floors and the foundation. Shear walls are an important part of a house’s structure since it has many functions, including keeping the shape of the structure and protecting it from elements such as wind or earthquakes that can literally tear a house apart. If you have a construction defect that impacts the foundation, you do not want the shear walls to be affected, but it can happen. Foundation issues such as expansive soils can create a great deal of pressure that can easily shift a wall or crack a slab. Any damage evident on shear walls is a sure sign of a very serious construction defect.
Below Grade Walls
Below grade walls will be most affected by water issues or foundation issues. Due to the nature of below grade walls, insulation is very important. If the integrity of the insulation is injected with water or moisture, this could result in a whole host of problems. Dry-rot, mildew and mold are all potential construction defects you may encounter with below grade walls.
If you have a soil or foundation issue causing cracks in exterior pavement or structures, you may also see cracks in retaining walls. When the ground shifts because of improper soil preparation or improper construction strategies, it causes cracks everywhere.
If you are seeing cracks in exterior walls, interior walls, shear walls, below grade walls, and/or retaining walls, you probably have some kinds of construction defect. You need to contact an attorney with experience in construction defect law. Contact an attorney today before your problems worsen.
A construction defect can be so severe that it causes cracks all over your house. The source of the construction defect will dictate what areas of the house will be most affected. Ceilings and fireplaces may show signs of a construction defect rooted from soil issues or water issues, but are not limited to just these two construction defects.
Expansive soil is a major cause of construction defect. Although we have the technology to determine if the land being built on contains expansive soil, builders and/or developers cut corners by disregarding this fact at times. It is necessary to choose a construction plan that will take the soil type into consideration. If a builder does not use these techniques and the soil gets wet, you will see some serious symptoms of a construction defect. A fireplace can become separated from the wall with the enormous pressure that wet expansive soil can produce. A fireplace can incur many cracks all over during this soil movement as well.
Ceilings are also damaged during a soil movement like when expansive soils swell when wet. When dry, expansive soil shrinks. This means that, depending on the weather, expansive soil can have a twisting effect. Ceilings can also be affected from the top down. For example, water damage from a leaky roof can be a big problem for ceilings. Mold and mildew can grow in ceilings if there is enough moisture present. Mold issues can be devastating. Ceilings that have moisture seeping in can be infected with dryrot which can eventually destroy the ceiling. This can be a very dangerous situation.
You need to evaluate what the construction defect is, its location, and how far it has progressed. Your first priority should be trying to repair any defect found. If you start to implement your repair plan, you need to keep all documentation you get from any contractors and keep your own detailed notes. Take pictures if you can. Although right now your focus is on getting your ceilings or your fireplace repaired, later you will want to decide who is ultimately responsible for the construction defects and who should incur the repair costs. Any documentation you have will be very helpful to an attorney that will help you with your case. You need to contact an attorney to help you make the right decisions moving forward.
Questions about Real Estate click here
If a beloved member of your family, or a close friend or partner, has recently died we extend our sympathy. We hope it is a comfort to realize that your responsibilities as a personal representative or trustee can be guided by trusted legal counsel. The first step of our service procedure is a meeting to consider your situation. If the deceased person was our client before death, we hope our previous relationship will now facilitate the efficient handling of the estate. At our first meeting we begin to understand any legal documents related to the estate , financial and asset information, and family dynamics to determine the needed extent of administration. A formal probate administration in the court system may be required for the heirs and beneficiaries to obtain clear title and legal possession of the property. Sometimes probate is routine and simple. At other times it may be more involved. Do not make the common mistake of thinking that a will is used to AVOID probate. Rather, think of a will as a set of instructions and requests to the probate judge. Revocable living trusts have become common “will substitutes” to transfer property at death without probate. Sometimes they successfully meet this objective, and sometimes not. Even if probate is not required because the decedent properly established AND FUNDED a trust, it is important that it be properly handled after death — to avoid penalties, liability, and some taxes.
Copyright 2018 Attorneys Blog | All Rights Reserved.