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Truck Accidents and No-Zones

Truck accidents can be one of the most devastating incidents we can see in our roads. The mere size and weight of trucks are enough reasons for them to have greater impacts when compared to other vehicles like compact cars and sedans.

According to the website of Russo, Russo & Slania, P.C., truck accidents may involve drunk driving, mechanical defects and malfunctions, employer negligence, driver error or negligence, and no-zone accidents.

What makes no-zone accidents different from the others is that they are easily prevented by the diligence of the truck drivers and the other motorists around them who are aware of the dangers of a no-zone truck accident. To help prevent such accidents, you yourself should be knowledgeable of no-zones.

What are No-Zones?

Since trucks are enormous vehicles, they have the tendency to have blind spots, and these blind spots can be factors in triggering traffic accidents.

Front No-Zone

Most trucks have elevated cabs, and for this reason, their drivers may not be able to see things that are directly in front of them, like vehicles, motorcycles, and pedestrians. This space is called the front no-zone.

To prevent front no-zone accidents, truck drivers should always make sure that there is space between them and whatever it is in front of them. Other motorists should also be aware of the front no-zone, so they would avoid getting too close to the front side of the trucks.

Rear No-Zone

Most trucks do not have rearview mirrors, so drivers cannot always see what is directly behind them. Trailers can also be obstructions that prevent them to see the rear end of the truck. This blind spot is called the rear no-zone.

To avoid rear no-zones, truckers should always be mindful that such no-zones exist, and should take this into consideration when they are making decisions in the road. Other drivers should also avoid tailgating or being too close to the rear ends of trucks and trailers.

Side No-Zone

Trucks are long vehicles, and there is a possibility that their drivers do not have complete vision to their side lengths. Of course, side mirrors are there to help, but they are not always fully reliable especially on long vehicles like trucks, particularly in the passenger’s side.

It is still the truckers’ responsibility to be in a considerable distance with other vehicles, especially because of the no-zones, but other motorists should also be aware that no-zones exist to help truckers even more in preventing traffic accidents.

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.

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