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Uncovering The Causes of Truck Driver Error

Getting involved in a truck accident will almost always end up in a tragic manner. Given their sheer size, truck crashes can lead to serious injuries. It requires a great amount of skill on the part of the driver to be able to operate a large truck. According to the website of Karlin, Fleisher & Falkenberg, LLC, truck accidents can cause great damage and serious injuries to properties and individuals.

In a recent study conducted by the Federal Motor Carrier Safety Administration (FMCSA), driver error is ten times more likely to contribute to trucking accidents than other factors such as weather, road conditions, and vehicle performance. The study revealed the different factors that can make drivers make errors when operating their truck. The study came up with the following results:

  • 44% of drivers who were involved in accidents took prescription and over-the-counter drugs
  • 23% of drivers were traveling too fast for conditions
  • 18% were caused by driver fatigue

Fatigue is one of the major reasons drivers commit errors. When they are tired, they have the tendency to feel sleepy, lose focus on the road, misjudge gaps, ignore the signs of impending dangers, and others. While fatigue is one of the most common causes of truck accidents, it is also one of the most preventable. Truck companies must strictly follow the “hours of service rule” to ensure that truck drivers get sufficient rest and restorative sleep to safely drive trucks. The maximum allowable time for drivers to drive is 14 hours daily, wherein the driving time is a maximum of 11 hours.

If a driver figured in a truck accident as a result of their company violating the hours of service policy, the driver of the truck may file a lawsuit against their employer. In order to prove such violation, the driver’s log can prove to be a valuable piece of evidence.

Proving Liability In A Slip And Fall Accident

Accidents can happen even in places you thought safety was a priority such as in apartments or other commercial establishments. When these accidents do happen, the result could often be devastating such as an injury or worst death. According to the website of Bruner Law Firm, there are instances when the accident was caused by the property owner themselves. Under the premise liability law, the landlord or building owner could be held liable for the injury or death of the plaintiff.

In a slip and fall accident, it is up to the plaintiff to prove that the defendant was liable for their injuries. To make the defendant liable, they have to prove that they committed any one of the following:

  • The owner of the property was able to recognize a dangerous hazard but did not do anything to remove or repair the dangerous condition. A major question here is whether or not a reasonable person would have deemed the condition as hazardous or whether they had plenty of time to remove the hazard before the accident happened.
  • The property owner was the principal cause for the slip and fall accident by leaving the dangerous obstacle in a walking path when they could foresee that someone could trip and fall because of the obstacle.

In a slip and fall accident claim, proving negligence always comes with the question of reasonable prudence on the part of the defendant. There are certain factors that could have affected the accident such as the time the hazard had been existing for the defendant to have done something to remove the hazard. Another factor to consider is the justification for the potential hazard and its existence when the accident happened. Third, the preventive measures that the property owner implemented to avoid the slip and fall accident.

Another argument in slip and fall accident is the liability of the plaintiff. Such reasoning can be useful in determining comparative negligence and contributory negligence. In the former, the damage that will be awarded to them will be lessened depending on their percentage of liability in the accident. With the latter, on the other hand, the plaintiff will not be able to receive damages if they were responsible for any degree of liability in the accident.

To prove that the plaintiff was liable for the accident, the defense would have to show the activity of the plaintiff which could have barred them from seeing the obstacle. For example, were they texting or talking on a cell phone? Did they ignore any signs posted on the premise which caused the accident?

Johnson & Johnson Recall/FDA warning

Power morcellators were once praised for their ability to break up tissue and other fibroids during a hysterectomy or a myomectomy. According to the Mayo Clinic, a myomectomy is a surgical procedure to remove uterine fibroids — also called leiomyomas (lie-o-my-O-muhs). A morcellator is a drill-like device that worked by dicing up tissue into smaller bits that were then removed.  However, it was soon revealed that the device was responsible for the spread of cancerous tissue that could then lead to dangerous cancer growth.  The cancers caused by these morcellators were potentially deadly in women, such as metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, and endometrial stromal sarcoma. When this risk became more and more prevalent, Johnson & Johnson, the makers of the power morcellators, issued a recall.

Following the recall, the FDA issued an official warning to doctors against use of the devices.  According to the website of Williams Kherkher, the FDA issued a further “black box warning” in November of 2014 due to the extreme risks associated with the device.  Essentially, this warning stated that any benefits of the device were outweighed by the risks.  In fact, 1 in every 350 women who had surgery using the power morcellators suffered from a serious cancer as a result.

Unfortunately, these warnings and recalls came too late for many women who had already developed severe forms of cancer.  Following the public outcry against power morcellators, many individuals filed lawsuits against Johnson & Johnson to possibly receive financial compensation for their suffering.  Despite these warnings, recalls, and lawsuits, power morcellators have not been officially banned.

Requirements for Slip and Fall Accident Lawsuits

Slip and fall accidents account for countless injuries every year. Whether caused by a wet area of floor or an unexpected object on the ground, slip and fall accidents can be far more serious than most people would expect. Individuals who are victims of a fall can suffer broken bones, head injuries, and spinal injuries that can all result in extensive medical bills. Due to this, people who suffer from slip and fall accidents on premises such as the work place may seek to take legal action against the responsible party. However, it is important for these individuals to understand the elements of a premises liability case involving a slip and fall before they pursue legal action.

According to http://www.shw-law.com/, property owners are required by law to warn guests and visitors of anything that can cause harm on their property, and then promptly address the problem. Due to this, property owners can be held responsible for a slip and fall accident if they failed to put up a warning sign, such as a wet floor sign, around a dangerous area of their property. The owner of a premises or another employee may also be responsible if they knew about something such as a spill and failed to tell anyone or do anything about it. This is especially true if the individual caused the spill themselves and ignored it. One of the most common ways an individual can be responsible for a slip and fall accident is if a reasonable and responsible individual would have discovered the danger on their property, but they failed to do so.

Just as with any legal case, slip and fall accidents have many nuisances that can be confusing for an individual often already going through turmoil from their injury. This is often why hiring a personal injury lawyer is an essential and invaluable asset to any case to help ensure a victim gets the help they need.

Consequences of Long-Term Asbestos Exposure

The widespread use of asbestos in the 1900s was due to its ability to be naturally heat resistant, making it a very convenient and cheap mineral to use in just about anywhere – from spray-on adhesive to insulation. One of the places that used asbestos is the military. During the wars, the military utilized asbestos to help deal with heat and fire-related damages for their ships, vessels, vehicles, and bases. Because people back then did not know about the danger of being exposed to asbestos, many of the war veterans have developed health complications related to long-term exposure to asbestos.

One of the many asbestos-related health complications that veterans are suffering is mesothelioma. This is an uncommon type of cancer affecting the mesothelium, or the protective layer covering the internal organs inside the body. Although treatments such as radiation therapy, chemotherapy and surgery, prognosis for mesothelioma is poor, and often leads to death of the victim. Even secondhand exposure, if long-term, can lead to mesothelioma.

According to the website of Williams Kherkher, there are about 22 million war veterans in the United States today, and a great number of them have been exposed to materials that had asbestos in them. Many of these veterans will eventually be diagnosed with health complications that is related to long-term asbestos exposure, with mesothelioma being the most fatal of all. If you have been in active service, especially between the years of 1930 and 1970, then you should get a medical check-up and see whether you have developed asbestos-related complications. Symptoms of mesothelioma are often mistaken for influenza or pneumonia, so if you are suffering from constant coughing, fever, and night sweats, it would be wise to immediately seek treatment. Early detection of cancer is the key in preventing it from advancing any further. Fortunately, there are benefits that veterans can get when they apply for injury claims. The Veterans Affairs view asbestos-related illness as service connected, and therefore will provide compensation for those who have suffered because of their exposure to the dangerous mineral.

Because of its dangerous nature, the use of asbestos has been stopped, but they are still present in old buildings and equipment that used them. Aside from war veterans, there are many others that can be exposed to asbestos and develop illnesses. It is therefore advised to seek medical attention when symptoms of asbestos-related illness manifest in order to avoid further complications.

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