Posts by Ross

Truck Accidents: How Serious Are They?

Posted by on Dec 6, 2018 in Uncategorized | 0 comments

When my sister got into a truck accident a few years back, we were worried sick about what was going to happen to her. She was taken to the hospital because she broke her leg in the accident. Fortunately, she was out of the hospital the next day and back at work after one week, but she was super shaken up and scared to drive for months after the wreck. Her car was totaled, and she didn’t know if insurance was going to cover it. It was unclear who was at fault based on the wreck alone. It seemed like it might go either way in terms of fault. When there are thousands of dollars hanging in the balance, that is a super stressful place to be.

I decided to do some research on truck accidents, and I decided that hiring a lawyer was going to be my sister’s best bet after reading some information online. According to Glover Law Firm, there are a lot of factors at play with truck accidents compared to a normal accident between two non-commercial vehicles. Trucks are the largest vehicle on the road, and they face a lot of different regulations because of this. They are not allowed to drive on all roads. Also, they have to abide by certain weight limits as well as abide by safe weight distribution. Sometimes drivers themselves end up driving for days on end in order to make tight deadlines and boost their profits.

All of this can contribute to a truck accident. My sister and I had no way to determine how any of this could end up contributing to her accident, so we decided to hire a lawyer so that they could find out the full story behind what was going on.

The lawyer was able to ask those hard-hitting, technical questions in order to get my sister a better settlement. The lawyer questions the company about their standard hours for trucks drivers and the routes they are expected to complete in a certain amount of time. The lawyer also questioned the truck driver about his route, to see if he had been driving on restricted roads. He also took care to ask about his load and carrying capacity to see if he had been careful to know what he was carrying and how it would affect his vehicle’s ability to change speed safely.

All of this information helped to expose how the truck driver was in some part, responsible for the accident. Because of this, my sister ended up receiving a settlement that paid for all her medical bills as well as the cost of a new vehicle to replace the one that was totaled. I’m thankful that attorneys have the expertise to deal with these kinds of situations. Statistics show that most people end up receiving only 33% of what they could when they choose not to hire a lawyer. If I find myself in a situation like my sister’s in the future, I’ll know exactly what to do.

 

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The Fundamentals of Whistleblower Retaliation

Posted by on Jun 11, 2018 in Uncategorized | 0 comments

I read a sad story the other day about a man. For the sake of this article, let’s say this man’s name was Mike. Mike worked as a habilitative plan administrator at a psychiatric hospital. It was his job to come up with creating therapeutic plans for the patients at the hospital. One of his ideas involved having the patients prepare food at the hospital, and he was in charge of supervising this therapeutic exercise.

During supervision of the food preparation therapy, Mike noticed that some of the food his patients were preparing was expired and improperly stored. Immediately, Mike told his supervisor of the issues with the food. Unfortunately, after Mike notified his supervisor, other hospital staff, including his subordinates, began to treat him differently. Eventually, hospital administration demoted Mike from his position. Eventually, Mike’s employment was terminated.

After I read this story, I was frustrated and shocked at the injustice that befell Mike. I felt that there had to be some recourse. In my curiosity, I came across an article by The Melton Law Firm that explained a legal claim called employer retaliation. The article explained that employer retaliation occurs when an employer acts adversely toward an employee because the employee engaged in some legally protected activity. Retaliation manifests itself in negative treatment like a demotion, creating a hostile work environment or eventually, employment termination.

The article described one type of retaliation that fit Mike’s situation perfectly: whistleblower retaliation. Whistleblower retaliation occurs when an employer treats their employee differently because the employee brought to light some unlawful activity conducted by the employer. Ultimately, if an employee files a whistleblower retaliation lawsuit against an employer, the employee may be entitled to compensation.

To me, the whistleblower retaliation legal claim makes a lot of sense. We want to encourage workers to report to their employers any problems happening internally. For the employer who was unaware of the issue brought to light, a whistleblower can encourage them to change or fix their policies to correct the problem. Moreover, the threat of a whistleblower lawsuit will discourage unlawful employers from keeping certain problems under wraps. For me, it seems like whistleblower retaliation legal claims encourage effective policy-making, transparency, and organized reporting schemes. Workers should not have to go to work every day with the fear that they will have the accept and implement a dangerous or unlawful company policy.

The whistleblower retaliation lawyers of The Melton Law Firm give people like Mike the justice they deserve. No one should be treated poorly at work simply because they brought to light some unlawful company policy. At the very worst, this gives sincere employees the safety net of compensation if their situation ultimately turns to unlawful termination because of employer retaliation. We need more whistleblowers to do what’s right, so we know that companies and organizations like Mike’s former hospital-employer, are implementing safe, lawful policies.

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What are the different types of child custody agreements?

Posted by on Sep 23, 2017 in Uncategorized | 0 comments

While most people know what child custody is, they don’t always know the differences between the different types of agreements that people come to. Parents and legal guardians have different options when it comes to setting up a child custody agreement, so it is important to know the different types of agreements that are available to you.

The first type of custody is physical custody. If one of the parents was granted physical custody of the child by the court, the parent is allowed keep the child in their home. Joint physical custody can be awarded to both parents and they can share the child for different periods of time if this type of custody is awarded. Joint physical custody usually only works if the parents plan on living in close proximity, which will allow the child to grow up without too much strain from traveling between different homes.

 

Legal custody is awarded to a parent when the court decides that that parent should be the one who makes the decisions about the child’s healthcare, education, and upbringing. This also applies to religious affiliation, which can be contentious for some couples and should be discussed during the divorce and custody proceedings. The courts will often award joint legal custody to allow both parents the decision-making process when it comes to these important decisions regarding the child’s upbringing.

 

These joint custody agreements are enforceable by law, and if one parent does not allow the other to make decisions, the court may step in and enforce the order. It is important to consult with your child custody attorney if you feel that your former spouse is not honoring the agreement if you are not allowed to decide the important things like medical care, education, or religious upbringing of your child, as required by law.

Sole custody may be awarded to one parent if the other parent is found by the court to be unfit to raise the child. Alcohol or drug abuse, financial issues, or other problems may be taken into consideration by the court and the parent who is best fit to raise the child may be awarded sole custody. Again, having an attorney on your side can be of great help when fighting for sole custody of your child. Your lawyer can help put together the best case for you and will help you demonstrate why you should be the one who cares for your child if your ex-spouse is unfit to do so.

There are many options for parents when it comes to choosing a lawyer, so look for one in your area that has experience with family law issues. In Fort Worth, we found a law firm called The Maynard Law Firm that provides information for parents who are going through a divorce on their website. Most attorneys will work hard to explain your legal rights and help you with any issues you may have when considering what is best for your child.

 

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The CDC’s Blood Alcohol Concentration Measurement Chart

Posted by on Jul 26, 2017 in Uncategorized | 0 comments

In the book, “One for the Road,” author Barron H. Lerner, MD, PhD, says that Americans love drinking and driving since are both are embedded in the nation’s culture. This may probably be the reason why many Americans still drive while under the influence, despite the risk of a DUI or DWI charge that is accompanied by heavy fines and imprisonment.

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal charge, whether the charge be a misdemeanor (for first time offenders and without causing any property damage or physical injury) or a felony (imputed on repeat offenders, or first time offenders whose blood alcohol concentration (BAC) level is way above the 0.08% limit or who accidentally injures/kills someone) .

Based on a blood alcohol concentration measurement chart released by the Centers for Disease Control and Prevention (CDC), the following number of beer bottles would result to the following BAC level:

  • 2 bottles of beer = 0.02% BAC
  • 3 bottles of beer = 0.05% BAC
  • 4 bottles of beer = 0.08% BAC – the BAC limit in all US states
  • 5 bottles of beer = 0.10% BAC
  • 7 bottles of beer = 0.15% BAC

This measurement caters to a 160-pound man who consumes the indicated number of bottles of beer within one hour. Since individuals have different tolerance level to alcohol, there are those who would already experience slower reflexes even after just two bottles.

Based on CDC records, more than 1.4 million drivers were arrested in 2010 due to driving under the influence of alcohol or illegal drugs; the number of deaths due to alcohol- impairment was 10,322 in 2012 and 10,076 in 2013.

Driving is already a dangerous enough activity, so adding drunk drivers to the mix can be devastating. Unfortunately, there are certain individuals who do not take safe driving seriously and, as a result, cause terrible accidents in which innocent individuals can be seriously harmed or even killed.

Even in Canada, says the law firm Mazin & Associates, PC, Drunk driving accidents are, sadly, very common. When a person carelessly decides to drive after drinking, they not only endanger themselves, but also everyone else on the road. Drunk drivers have impaired judgment and are unable to respond quickly and make split-second adjustments on the road. This slow response time often leads to horrible collisions and severe injuries.

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What Benefit is there to Reckless Driving?

Posted by on Jul 25, 2017 in Uncategorized | 0 comments

That reckless drivers are good drivers may very well be true. It requires great driving skills, anyway, to be able to weave through traffic, more so, to counter its flow. Besides the possible great driving skills, reckless drivers also possess a couple of other things that many other motorists do not (and hopefully will never) have: the willful and wanton disregard for the safety of persons and properties.

Reckless driving is nothing more than sheer lack of respect for others and the law. They know very well that behaving recklessly on the road is very dangerous, yet they do it. And while anyone can choose to be reckless while behind the wheel, records from the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) show that the ones most prone to this irresponsible behavior are drivers aged between 16 and 19. Every year, as many as 292,000 teen drivers are given emergency treatment in hospitals due to injuries, while about 2,650 others never get to see a new day again.

One example of this deadly behavior is the fatal accident that occurred on April 22, 2015, wherein a Toyota Prius that was driven by a female teen, collided with a truck that had three foreign senior citizen passengers. The accident occurred before 2:30 a.m. along Highway 50 near Stockton Boulevard in Sacramento. The accident claimed all four lives – the three men, as well as that of the female teen driver who was driving drunk and on the wrong side of the highway.

Accidents and injuries due to reckless driving are totally preventable since people know and can control what they are doing. Often, victims and their families, as well as traffic enforcers can only wonder why some individuals drive recklessly.

According to the law firm Karlin, Fleisher & Falkenberg, LLC, people who willfully operate their vehicles with such complete disregard for the safety of others cause some of the most dangerous accidents imaginable. That being said, reckless drivers may be held financially liable for all the pain and suffering they cause.

In the event of an accident, however, a Houston injury attorney tells victims to keep in mind that insurance companies will find ways to pay as little as possible for your injuries. They are not in business to be fair to you; thus, make sure that you do not accept the settlement that they offer.

 

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