While everyone knows trucks on the highway can be dangerous to other drivers, the National Highway Traffic Safety Administration (NHTSA) only clarifies those fears by stating 8% of the highway deaths involve a heavy truck of some sort. Of these situations and accidents, about 75% of those fatalities are of drivers in vehicles other than the trucks themselves.
While these stats are dreary to consider, trucking accident laws are quite complicated overall. They often involve many factors, including the driver of the truck, the driver of the other vehicle, the truck manufacturer, the trucking company the driver works for and others involved.
Any number of these can be found at fault for the accident, which makes these cases complicated and lengthy in some cases. Other factors that have been at fault include the driver’s fatigue level, the speed of the drivers, breaking practices, attentiveness of the driver, fuel fires, overloading of trucks or mismanagement of the vehicles involved.
Federal law requires all truck drivers to keep a log book of information, because of the detailed data needed if they were to get into a trucking accident. The federally required Hours of Service Rules are necessary to protect the trucker in a case which he was not at fault. Any deviation the book shows on sleep schedules, driving schedules or negligent driving can be important parts of any trucking accident case. If a driver shows an empty or incomplete log book, he will automatically look questionable or suspicious if an accident does occur.
Truck accident lawyers typically gather information regarding the accident so that you can substantiate and verify the fault, which serves as the crux of every lawsuit involving a trucking accident. This evidence includes: medical documentation, driving histories of those involved, truck drivers’ training records and truck maintenance or loading schedules.
Vicarious liability is often mentioned in trucking accidents. It is sometimes called respondeat superior and it basically means a trucking company or other third party can be held responsible in a trucking accident. Thus, this part of the legal system can help hold trucking companies just as liable as the truck driver in an accident situation.
When a trucking accident occurs, the lawsuit might include different personal and legal obtainments including:
* Monetary Damages: This can include medical expenses and lost wages because of the accident.
* Non-Economic Damages – Pain and suffering and emotional distress
* Punitive Damages – Punishment toward guilty party behaving in bad faith
* Double And Triple Damages: Only used in extenuating circumstances or special cases.
After a trucking accident occurs to you or your family, be sure to hire an experienced trucking accident lawyer right away. You have the right to seek compensation and may gain awards that will help you with your physical distress, emotional distress or financial distress.
Friday, July 30, 2010
Friday, July 23, 2010
Hiring An Attorney For A Motorcycle DUI
Have you or someone you love been charged with a motorcycle DUI? If so, you may be trying to figure out what you can expect to occur next. Keep in mind, a motorcycle DUI or a traditional DUI is a serious crime and carries serious consequences.
Motorcycle DUI Consequences: Oregon
In Oregon, the consequences related to a motorcycle DUI or a traditional DUI are quite burdensome. A DUI conviction in the State will carry a mandatory license suspension, ignition interlock devices and jail time. Sometimes a lifetime revocation of all driving privileges is possible. In Oregon, there is no change for a plea bargain in a DUI case so there is no way the case will be reduced to reckless driving or another lesser charge. In addition, there could be additional collateral charges, travel restrictions, insurance issues and career complications.
There is however, a DUI Diversion program in Oregon that can help a motorcycle DUI case be fully dismissed. Those who are charged with a DUI should seek the help from a qualified attorney to help become qualified for this program. There is no reason for someone to attempt to get qualification without the help of a legal specialist.
Hiring An Attorney For A Motorcycle DUI Is Vital To Your Freedom
It is not a good idea to try to make your way through the criminal court process without the aid of an experienced lawyer. In fact, motorcycle DUI cases can be very complicated to navigate through. Regular people get charged with drunk driving on a daily basis, with many of them being prominent citizens with a clean record. In fact, they usually are regular people who have never committed a crime in their life and are terrified to be finding themselves in the courtroom.
When you have the help of a highly qualified motorcycle DUI lawyer, you will have an edge over the others who are being charged in similar cases. The court may see you as someone who is taking the issue very seriously and the lawyer can help you show the Judge the event has already had a lasting impact on your life.
In addition, a DUI lawyer can help you consider options like the fact field sobriety tests aren’t 100% accurate and are prone to error. If you weren’t given a blood test, your attorney may be able to build a case to help you. In addition, a lawyer can help you find missing witnesses or help you prepare a defense against the State’s witnesses.
Motorcycle DUI Consequences: Oregon
In Oregon, the consequences related to a motorcycle DUI or a traditional DUI are quite burdensome. A DUI conviction in the State will carry a mandatory license suspension, ignition interlock devices and jail time. Sometimes a lifetime revocation of all driving privileges is possible. In Oregon, there is no change for a plea bargain in a DUI case so there is no way the case will be reduced to reckless driving or another lesser charge. In addition, there could be additional collateral charges, travel restrictions, insurance issues and career complications.
There is however, a DUI Diversion program in Oregon that can help a motorcycle DUI case be fully dismissed. Those who are charged with a DUI should seek the help from a qualified attorney to help become qualified for this program. There is no reason for someone to attempt to get qualification without the help of a legal specialist.
Hiring An Attorney For A Motorcycle DUI Is Vital To Your Freedom
It is not a good idea to try to make your way through the criminal court process without the aid of an experienced lawyer. In fact, motorcycle DUI cases can be very complicated to navigate through. Regular people get charged with drunk driving on a daily basis, with many of them being prominent citizens with a clean record. In fact, they usually are regular people who have never committed a crime in their life and are terrified to be finding themselves in the courtroom.
When you have the help of a highly qualified motorcycle DUI lawyer, you will have an edge over the others who are being charged in similar cases. The court may see you as someone who is taking the issue very seriously and the lawyer can help you show the Judge the event has already had a lasting impact on your life.
In addition, a DUI lawyer can help you consider options like the fact field sobriety tests aren’t 100% accurate and are prone to error. If you weren’t given a blood test, your attorney may be able to build a case to help you. In addition, a lawyer can help you find missing witnesses or help you prepare a defense against the State’s witnesses.
Friday, July 16, 2010
Advice and Tips for Avoiding Boating Under The Influence Consequences
Most citizens know there are various laws in place within each state to protect drivers, passengers and the overall community from drunk drivers. However, some people are unaware there are similar laws involving boating. Both state and federal laws are in place to prohibit Boating Under The Influence (BUI) and these laws permit officials to stop any boat or watercraft to ensure the operator and passengers are safe and sober.
The main motivation for states to start passing Boating Under The Influence laws was due to the fact the percentage of alcohol related boating accidents began to rise rapidly. Statistics show that over half of the boating accidents in the United States involve drugs or alcohol. In addition, the Insurance Information Institute reveals the leading factor contributing to fatal boating accidents is alcohol.
Boating Under The Influence laws apply to those operating a fishing boat, a yacht, personal watercraft, a sailboat, a sailboard or any other watercraft. State laws traditionally define drunk boating crimes as: the operation of a watercraft on a body of water while under the influence of alcohol or drugs. Some states include the limits of a blood-alcohol concentration (BAC) of .08 percent while others are somewhat higher at 0.1 percent. In some states, the laws state if there is a minor who has been drinking and has any amount of alcohol in their blood-alcohol concentration, a BUI can be given.
Expensive fines, the addition of the charge to your criminal record, the loss of your boating license, the loss of your driver’s license and a hike in your insurance rates are all common consequences of a BUI. In addition, jail time can be part of the sentence.
What To Expect After Getting A BUI
The serious consequences related to a BUI charge is due to the fact a boating accident can lead to death or injury of the operator or passengers. These laws carry stiff punishments, much larger than a simple traffic ticket and they apply to both commercial and recreational boaters.
If you’ve been charged with a BUI and you’re a recreational boater, you can expect to have your boating license revoked or suspended. Often, the judge will also take away your driver’s license. Things like if you had minors on board, what number of offense this is for you and the details on whether anyone was injured can determine the rest of your punishment. If you’re a commercial boater and you are charged with a BUI, you can even lose your job.
Avoid Boating Under The Influence Consequences
* Get Educated: Whether you are in your home state or are traveling to boat, be sure you educate yourself beforehand on the local regulations involving alcohol in a boat. Some states will vary in their regulations on whether open containers of alcohol can be present on a watercraft.
* Get A Lawyer: If you are charged with a BUI, it’s important to talk immediately with a lawyer. The process of defending against a BUI charge can be complicated and finding a lawyer who specialized in boating laws can be helpful.
The main motivation for states to start passing Boating Under The Influence laws was due to the fact the percentage of alcohol related boating accidents began to rise rapidly. Statistics show that over half of the boating accidents in the United States involve drugs or alcohol. In addition, the Insurance Information Institute reveals the leading factor contributing to fatal boating accidents is alcohol.
Boating Under The Influence laws apply to those operating a fishing boat, a yacht, personal watercraft, a sailboat, a sailboard or any other watercraft. State laws traditionally define drunk boating crimes as: the operation of a watercraft on a body of water while under the influence of alcohol or drugs. Some states include the limits of a blood-alcohol concentration (BAC) of .08 percent while others are somewhat higher at 0.1 percent. In some states, the laws state if there is a minor who has been drinking and has any amount of alcohol in their blood-alcohol concentration, a BUI can be given.
Expensive fines, the addition of the charge to your criminal record, the loss of your boating license, the loss of your driver’s license and a hike in your insurance rates are all common consequences of a BUI. In addition, jail time can be part of the sentence.
What To Expect After Getting A BUI
The serious consequences related to a BUI charge is due to the fact a boating accident can lead to death or injury of the operator or passengers. These laws carry stiff punishments, much larger than a simple traffic ticket and they apply to both commercial and recreational boaters.
If you’ve been charged with a BUI and you’re a recreational boater, you can expect to have your boating license revoked or suspended. Often, the judge will also take away your driver’s license. Things like if you had minors on board, what number of offense this is for you and the details on whether anyone was injured can determine the rest of your punishment. If you’re a commercial boater and you are charged with a BUI, you can even lose your job.
Avoid Boating Under The Influence Consequences
* Get Educated: Whether you are in your home state or are traveling to boat, be sure you educate yourself beforehand on the local regulations involving alcohol in a boat. Some states will vary in their regulations on whether open containers of alcohol can be present on a watercraft.
* Get A Lawyer: If you are charged with a BUI, it’s important to talk immediately with a lawyer. The process of defending against a BUI charge can be complicated and finding a lawyer who specialized in boating laws can be helpful.
Saturday, July 3, 2010
What You Need to Know About Motorcycle Safety
Each and every year there are thousands of individuals injured or killed due to motorcycle accidents. Whilst often they're due to the faults of other vehicle drivers, learning to ride a motorcycle safely is imperative to all drivers' safety. When done safely, motorcycle riding can bring you thrills and excitement.
Safety Tips For Motorcycle Drivers
Be Seen
- Always stay in clear view of other drivers about the road.
- Be certain your headlight works and is on all the time (even in the day).
- You are able to use reflective strips and decals on your clothing and bike to add safety.
- Remember cars and trucks can have blind spots and act accordingly.
- When you're slowing down, flash your brake to alert other drivers.
- If drivers do not see you, use your horn.
Always Dress For Safe Riding
- Don't ever ride your motorcycle without a helmet and eye protection.
- Choose bright clothes and a light colored helmet so you'll be seen easily by other drivers.
- Leather clothing or clothing of thick material can really help protect you in case of the fall.
- Tall riding boots, gloves, pants and long sleeves can also help protect your body whilst riding.
- The only thing that will protect you from the road is your clothing and gear.
Constantly Stay In Mental Shape To Ride
- You must always be looking out about the road for changing road conditions and think about your time and spacing margins.
- Also, you must take extra time and space to react to the actions of other drivers.
- Give other drivers extra space and time to react to your movements.
- Think about your lane positioning and use it to be seen. Be certain to ride in the part of the lane where you're best seen.
- Be on the lookout for turning cars.
- Signal all of your future moves in advance to allow others the opportunity to react safely.
- Never weave between cars or between lanes.
- Don't ride when you're tired.
- Never ride if you're drinking or are on drugs.
- Follow the rules of the road, including the speed limit.
- Make it a habit of riding extra defensively.
Know Your Bike
- Unless you know you're bike very well, it's important for you to take a training course or a refresher course (if it's been a whilst since you rode).
- You can always call the Motorcycle Safety Foundation to find out where your local training courses are located.
- Before taking your bike out on the open road, be certain to practice driving it. You must know how to safely manage your bike in wet conditions, sandy conditions, windy conditions or uneven pavement conditions.
Remember, it's important to be prepared for anything on the road when you're riding or driving a motorcycle. The way you react to other drivers or the way you conduct your self can mean the difference between life and death in an accident. Be sure you're always well visible, wear your protective gear, are following the traffic laws and are aware of your surroundings at all times.
Safety Tips For Motorcycle Drivers
Be Seen
- Always stay in clear view of other drivers about the road.
- Be certain your headlight works and is on all the time (even in the day).
- You are able to use reflective strips and decals on your clothing and bike to add safety.
- Remember cars and trucks can have blind spots and act accordingly.
- When you're slowing down, flash your brake to alert other drivers.
- If drivers do not see you, use your horn.
Always Dress For Safe Riding
- Don't ever ride your motorcycle without a helmet and eye protection.
- Choose bright clothes and a light colored helmet so you'll be seen easily by other drivers.
- Leather clothing or clothing of thick material can really help protect you in case of the fall.
- Tall riding boots, gloves, pants and long sleeves can also help protect your body whilst riding.
- The only thing that will protect you from the road is your clothing and gear.
Constantly Stay In Mental Shape To Ride
- You must always be looking out about the road for changing road conditions and think about your time and spacing margins.
- Also, you must take extra time and space to react to the actions of other drivers.
- Give other drivers extra space and time to react to your movements.
- Think about your lane positioning and use it to be seen. Be certain to ride in the part of the lane where you're best seen.
- Be on the lookout for turning cars.
- Signal all of your future moves in advance to allow others the opportunity to react safely.
- Never weave between cars or between lanes.
- Don't ride when you're tired.
- Never ride if you're drinking or are on drugs.
- Follow the rules of the road, including the speed limit.
- Make it a habit of riding extra defensively.
Know Your Bike
- Unless you know you're bike very well, it's important for you to take a training course or a refresher course (if it's been a whilst since you rode).
- You can always call the Motorcycle Safety Foundation to find out where your local training courses are located.
- Before taking your bike out on the open road, be certain to practice driving it. You must know how to safely manage your bike in wet conditions, sandy conditions, windy conditions or uneven pavement conditions.
Remember, it's important to be prepared for anything on the road when you're riding or driving a motorcycle. The way you react to other drivers or the way you conduct your self can mean the difference between life and death in an accident. Be sure you're always well visible, wear your protective gear, are following the traffic laws and are aware of your surroundings at all times.
Friday, July 2, 2010
The Federal Government's Ban on Trucker Texting
Each year you will find thousands of trucking accidents caused by dangerous driving by truck operators. Several of these accidents are associated with truckers who are texting whilst they drive.
Statistics from the U.S. National Safety Council (January 2010) state you will find at least 200,000 people in accidents every year due to texting plus a recent study at the University of Utah showed there is 23 times greater risk of accident when the driver is texting.
When large commercial trucks are involved in accidents, the results usually involve death or brain injuries. Several also involve other family cars who are on the road in the truck's path during the time of the accident.
The government answered the public cry about this issue with a ban on all hand-held texting by drivers of large trucks plus buses. They are hoping this immediate ban will cut down on the rate of trucker texting mishaps.
Fines of up to $2,750 will be placed upon those truckers who text whilst drive as of now because the ban is effective immediately, according to Transportation Secretary Ray LaHood. Another texting ban was implemented to cover drivers of federal government vehicles in December 2009.
"We want the drivers of big rigs plus buses and those who share the roads with them to be safe," LaHood released in his statement. "This is a crucial safety step and we will be taking more to eliminate the threat of distracted driving."
There was quite a lot of research in the areas of calculating how long truckers took their eyes away from the road while sending or getting text messages. This trucker texting ban is a direct reaction to the information collected from these studies.
Already you will find about 24 states in the U.S. and many private companies of drivers who've placed bans on texting drivers of all motor vehicles and others are jumping on board daily. In fact, federal legislation has been introduced to establish a country-wide ban of texting whilst driving plus is expected to be reviewed soon.
Those parents who have teen drivers can certainly talk with their kids about how texting along with driving can lead to death or injury. Teen drivers are often the most inexperienced and most likely to text while driving their vehicle. Many parents are choosing to take their own action and placing their own texting bans on their kids whilst driving.
Regardless of whether you're driving your own personal vehicle or are the operator of a large commercial truck, texting while driving is totally irresponsible. This foolish act can cause death of the driver, death of innocent witnesses or horrendous injury to those involved.
In the past Americans have spoke out passionately against drunk drivers and the same is starting to happen against texting drivers. Until there is an American-wide legal ban on texting while driving, it is up to each driver to make the right choice.
Statistics from the U.S. National Safety Council (January 2010) state you will find at least 200,000 people in accidents every year due to texting plus a recent study at the University of Utah showed there is 23 times greater risk of accident when the driver is texting.
When large commercial trucks are involved in accidents, the results usually involve death or brain injuries. Several also involve other family cars who are on the road in the truck's path during the time of the accident.
The government answered the public cry about this issue with a ban on all hand-held texting by drivers of large trucks plus buses. They are hoping this immediate ban will cut down on the rate of trucker texting mishaps.
Fines of up to $2,750 will be placed upon those truckers who text whilst drive as of now because the ban is effective immediately, according to Transportation Secretary Ray LaHood. Another texting ban was implemented to cover drivers of federal government vehicles in December 2009.
"We want the drivers of big rigs plus buses and those who share the roads with them to be safe," LaHood released in his statement. "This is a crucial safety step and we will be taking more to eliminate the threat of distracted driving."
There was quite a lot of research in the areas of calculating how long truckers took their eyes away from the road while sending or getting text messages. This trucker texting ban is a direct reaction to the information collected from these studies.
Already you will find about 24 states in the U.S. and many private companies of drivers who've placed bans on texting drivers of all motor vehicles and others are jumping on board daily. In fact, federal legislation has been introduced to establish a country-wide ban of texting whilst driving plus is expected to be reviewed soon.
Those parents who have teen drivers can certainly talk with their kids about how texting along with driving can lead to death or injury. Teen drivers are often the most inexperienced and most likely to text while driving their vehicle. Many parents are choosing to take their own action and placing their own texting bans on their kids whilst driving.
Regardless of whether you're driving your own personal vehicle or are the operator of a large commercial truck, texting while driving is totally irresponsible. This foolish act can cause death of the driver, death of innocent witnesses or horrendous injury to those involved.
In the past Americans have spoke out passionately against drunk drivers and the same is starting to happen against texting drivers. Until there is an American-wide legal ban on texting while driving, it is up to each driver to make the right choice.
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