If you, or a family member, are, or employee, truck drivers, you need to be aware of hours of service regulations. The point of these regulations is to keep trucks drivers, and the passengers of surrounding vehicles, safe. They apply to a driver of any commercial motor vehicle, a vehicle that is used as part of a business.
According to the Federal Motor Carrier Safety Administration, the regulations state that truck drivers must have 10 consecutive hours off-duty before coming back on-duty. Additionally drivers must not drive beyond the 14th hour consecutive hour after coming on duty. Within those 14 hours, a driver can only drive a total of 11 hours, the other three being used for lunch breaks, nap, etc. Drivers may not drive over 8 consecutive hours without a break of at least 30 minutes. To help illustrate these regulations, consider this example: You have had 10 consecutive hours off. You come to work at 6:00 a.m. and drive from 7:00 a.m. until 2:00 p.m. (7 hours driving). You take a 30-minute break as required, and then can drive for another 4 hours until 6:30 p.m. You must not drive again until you have at least 10 consecutive hours off duty. You may do other work after 6:30 p.m., but you cannot do any more driving of a commercial motor vehicle on a public road.
If drivers do not follow these regulations, they will suffer from exhaustion and become dangerous to themselves and anyone driving around them. This is considered reckless driving. According to Charleston trucking accident lawyers of Clawson & Staubes, LLC: Injury Group, reckless driving is a major traffic violation, a misdemeanor punishable by fines, license suspension and even incarceration. So not only are exhausted drivers dangerous to anyone around them, they are also liable to get in a lot of trouble for being so. Make sure the truck driver you know is aware of these regulations and follows them thoroughly, to ensure safety for everyone involved.
In 1986, a study that would evaluate the quality of care in U.S. Medicare and Medicaid nursing homes was conducted by the Institute of Medicine due to a request by the U.S. Congress. The study revealed that residents (elders, children and young adults with severe disabilities) were often neglected, abused, and provided with sub-par care, thus, the so many cases of bedsores, pressure ulcers, injuries due to slip and falls, sudden weight loss, dehydration and malnutrition, many of these ending in serious injuries and a number of wrongful deaths.
Those who commit acts of abuse and negligence in nursing homes can be charged with a federal crime because these acts run in contrast to the stipulations of the 1987 Nursing Home Reform Act, which mandates nursing home facilities that receive payment from Medicare and Medicaid, to:
Besides these two mandates, the Act also addresses other issues, including sufficiency of staffing, individual patient assessment, and assurance of hygiene and nutrition; it also establishes the “Residents’ Bill of Rights acts of abuse or neglect can be a federal offense,” which is a list of rights that will empower residents in the face of neglect and/or abuse.
Records from the Centers for Disease Control and Prevention (CDC) for 2014 show a little above 15,000 certified nursing home facilities in the U.S. and about 1.5 million residents and patients. Having more facilities should be an advantage as this will mean more places for elderly services. However, with 90% of all nursing homes lacking the required number of staff, as per the American Association for Justice records, this would be a cause of major concern considering the fact that it is in understaffed nursing home facilities where instances of abuse and neglect are widespread.
Families with loved ones in nursing homes should know that acts of abuse or neglect can be a federal offense. Any sign that their loved one is experiencing an act of cruelty while under the care of a nursing facility, they should never hesitate in pursuing legal action against the liable party. To learn more about negligence in nursing homes, the rights of victims and how victims can pursue justice and compensation, click here:
Construction sites are inherently one of the most dangerous places to work in. The abundance of risk hazards such as falling objects, scaffolds, loose wires, and others can put in danger the safety of construction workers. Given these circumstances, the website of Hankey Law Office recommends the implementation of the strictest safety standards. Unfortunately, some construction site owners fail in this aspect.
The Occupational Safety and Health Administration or OSHA is the lead agency in ensuring that construction sites implement the strictest safety standards. This policy must be strictly followed by the management down to the employees. Here are some safety measures that should be implemented in every construction site:
Prior to starting with your work, make sure that your work area is free from risk hazards. Check if the scaffolds have a strong platform or base. This equipment is associated with a high incidence of injuries so do check the stability of the scaffolds.
Loose wires and other electric hazards expose construction workers to accidents such as electrocution. Electric equipment is equally dangerous and must be handled with extra care. Experienced workers should be the one to operate the equipment. If someone new was hired for the job, ensure that they are properly trained and knowledgeable with the machine that will be operated on.
Falling debris can cause serious head injuries and as such every worker must wear protective helmet. Protective gloves and clothes should also be worn by employees who will be exposed to toxic chemicals. Construction workers should also work visible clothing so they can be easily seen especially in areas where there is a high traffic of moving heavy vehicles.
While ensuring the safety of the workplace is the foremost responsibility of the employer, employees should also do their share in creating a safe working condition for them.
Death is an inevitable fact of life. Each one of us will die and we cannot stop it. But when a loved one dies due to the negligence of another person, that is unacceptable. According to the website of Karlin, Fleisher & Falkenberg, LLC, the sudden death of their loved one can have a huge impact on the surviving family members. The good news is that they can file a wrongful death lawsuit on the responsible party in order to ease their and pain and suffering.
Wrongful death is a civil case that can be filed against a person or business for their responsibility in the death of another person. The sudden death of the plaintiff could be the result of the following:
Depending on the state where you live, wrongful death laws lay down the specifics of filing a case against the defendant. It also explains the possible damages, the statute of limitations, and other procedures. As mentioned, the damages that can be recovered will depend on the state where the case was filed. In general, it will be the surviving members of the family or estate who will receive compensation for:
For a wrongful death case to be successful, it would have to satisfy the basic elements such as duty of care, act or omission that breached that duty, the action directly caused the injury or death, and there were resulting damages. As to who gets the damages? The court will consider several factors in the determination of the amount as well as the recipient. Punitive damages may also be awarded to the surviving members of the family.
Fractures, which happen when bones break, can have different effects on adults and on children, whose bones are more flexible because they are otherwise still growing, according to the website of Crowe & Mulvey, LLP.
Adults have around 206 bones in their bodies, with the largest being the femur or thighbone, which makes it possible for people to engage in activities such as walking and jumping. The smallest bones in the body are called stapes, which are found in the middle ear of humans and other animals and which are responsible for the production of sound waves in the ear, making it possible for the person or the mammal to hear. Some bones are flat, like those inside one’s skull. Some have a cube shape, like those that make up one’s wrist. However, most of the bones in one’s body are called long bones, which are found inside one’s arms, legs, hands, and feet, which are responsible for mobility and flexibility.
One can find out that one has broken bones if he/she gets an X-ray of the affected bone area. On an X-ray, bones have a whitish appearance. However if a bone is broken, the bone will manifest as dark-colored.
Children are more susceptible to bone breakage because their bones are still growing. An example of a breakage is the growth plate fracture, which happens near the end of the bone where the growth occurs. An X-ray of a growth plate fracture can appear normal, because growth plates are made up of cartilage, not bone.
A buckle fracture is characterized by an irregularity in the bone, not an outright crack. On the other hand, a greenstick fracture happens one side of the bone is slightly cracked, while the other side appears to be normal.
Complete, compound, and stress fractures can occur in both adults and children. A complete fracture happens when the ends of a bone are not touching each other, causing it to split into two parts. Meanwhile, a compound fracture happens when one of both ends of a bone have pushed through the skin. A stress fracture can sometimes only be detected by computerized tomography (CT) or magnetic resonance imaging (MRI) scans because they are so subtle that they can hardly be seen.
Incorrect medical treatment, prescription error and medical blunders are just some of the many sorts of medical malpractice. What is typical about these three is why these are but only outcomes of another error – a wrong diagnosis.
A doctor’s failure to generate an exact analysis of someone’s illness may result to the worsening of their affliction since no treatment has actually been made; other than that, there’s also the danger of causing a fresh sickness to develop, generally due to prescribed medicines that might cause side effects. Analytical mistakes, however, are not merely restricted to misdiagnosis; delayed analysis is also included by these. Thus, thanks to these errors, a physician might end up creating a treatment that is delayed making an incorrect remedy, or not making any remedy in the slightest.
According to Habush Habush & Rottier S.C.‘s website, one crucial detail a patient has to know about wrong diagnosis is that not all misdiagnoses can merit a medical malpractice litigation. That is especially true when the error is committed as a result of a patient’s concealment of crucial health information from his or her doctor, defective or faulty medical products, a language barrier between the patient as well as the physician, when the signs manifested by the condition neglect to match the common analysis, or human error, like contamination or mix-up of radiology pictures or laboratory test results, use of improper procedure by the technician or the technician missed something in a pathology slip or x-ray.
Alternatively , when the misdiagnosis is born a doctor’s dearth of ability in providing habitual medical action, an evident misconduct as a result of the physician’s laziness, non-adhesion to the doctor’s signal of conduct or an apparent act of neglect that results to individual damage, then such analysis may surely warrant a medical malpractice litigation.
It’s occasionally fairly challenging to hold doctors liable to these sorts of investigations. Nonetheless, in many cases, another health-related employees may actually function as the basis for the blunder, so, creating a blunder is committed by the physician too.
From 2010 to 2012, fatal motorcycle accidents, according to the National Highway Traffic Safety Administration (NHTSA) were 4,502, 4,612; and, 4,957 respectively. In the event of an accident, whether single or multiple vehicle accident, a motorcycle rider is always vulnerable to serious or fatal injuries due to the lack of protection which would cushion him or her from the force of impact.
Single vehicle accidents refer to crashes that involve only the motorcycle (that figured in the accident). It may be a motorcyclist crashing on the pavement (due usually to uneven road surface, potholes, or roads made slippery by ice, sand or oil) or into a solid fixture (such as a lamp post, a telephone pole or booth, or a concrete support structure). Multiple vehicle accidents, on the other hand, involve other vehicles, most often cars.
While it is easy to assume that a motorcycle accident, especially if no other vehicle is involved, could only be the fault of the rider, who may be riding too fast for road conditions or from allowing him or her to make timely reaction, especially when entering a corner, this is not always the case. In many more occasions, motorcycle accidents happen because of someone else’s act of negligence. This is especially true in multiple vehicle accidents, wherein drivers of other vehicles are usually the ones at fault – verified true through a study conducted by the NHTSA.
From this NHTSA study, it appeared that many drivers are guilty of denying motorcyclists their right of way; many also fail to check possible approaching motorcycles before making a turn or when entering an intersection (while attempting to run or beat a red light).
In 2012, there were about 9 million registered motorcycles all across the US (except for light scooters or mopeds, which are low-powered motorized bicycles, all other two-wheeled and three-wheeled powered vehicles need to be registered or licensed, as well as comply with state and federal certification standards, if these are to be used on public roads). Some of these motorcycles were new purchases, while others were old, dusty bikes that have stayed kept in garages for too long until their owners decided to get them on the road again. With regard to the major reason for the increase in the number of bikes on the road, however, majority of the responses were the same: gas price.
Unquestionably much more economical (in terms of expenses on gas) compared to cars, many decide to ride a bike instead to various destinations. Recreational riders have also been a very common weekend sight in many parts of the US. But one most likely consequence of having more motorcycles on the road is increase in the number of those getting involved in an accident.
Professional riders advise all other motorcycle riders to always wear protective gears, especially a DOT helmet standard which may be able to save them from sustaining a severe or fatal head injury during an accident. But while it may be true that protective gears may lessen the force of impact, though at a very minimal percentage, these do not lessen the number of accidents that continue to put motorcyclists’ lives in danger.
As stated on the website of the Abel Law Firm, accidents involving motorcycle riders will always be the fault of someone – could be the rider himself or herself, or someone else who has been negligent in his or her duties. And, if it can be proven that the accident was actually a result of somebody else’s negligent act, then the victim has the legal option to file a lawsuit against the liable party, for the compensation that the court may order to be paid to him/her.