For people who live in Texas, it can seem impossible to get around without the help of a car. Unfortunately, we live in a dangerous world where even the most cautious drivers can find themselves the victim of car accidents. Regardless of whether you live in an urban center, such as Dallas, or a more rural community, reckless driving takes place all around you. In 2015 alone, drivers lost over 37 billion dollars as a result of motor vehicle accidents. The consequences may also be far more severe. According to Dallas car accident attorneys of the Benton Law Firm, in 2012 there were around 63,000 serious injury crashes in the state, with 87,000 people sustaining serious injuries from these crashes.
After a car accident, many victims experience shock. Shock is a medical condition resulting from low blood pressure, and frequently affects victims of motor vehicle accidents. Symptoms include confusion, chest pain, dizziness, pale skin, unconsciousness, and a variety of others. When these symptoms occur, simple steps such as exchanging insurance information and taking pictures of the damage can become difficult as a result of the trauma. In the event of a serious injury this is especially true.
Many motorists are taken advantage of in the chaotic aftermath of a car accident because they were not able to take proper steps to legally protect themselves. These steps include recording the locations and areas of physical damage of each vehicle. It is important to understand that the insurance company will require huge amounts of information, and to be prepared for detailed recalling of the incident.
Continuing your daily routines without use of your car is challenging, but dealing with the added stress of insurance adjustors and hospital bills can be overwhelming to even the toughest driver.
Aside from the driver, another party that can be held liable for a truck accident is a trucking company. At first glance, the employer would want nothing to do with the accident. Often the blame for an accident lies on the driver for not showing reasonable care for the welfare of other drivers. But come to think of it, the trucking company can also be partially at fault for truck accidents.
The website of Habush Habush & Rottier S.C. ® reveals that either way a truck accident can cause immeasurable damage to the victim and their family. As mentioned, while the liability for the accident falls on the driver, there are also instances when the trucking firm can have partial fault for the accident. The trucking company can be held liable for the following instances:
- The driver who operates their trucks is not qualified or does not have a license
- Not conducting random drug and alcohol testing as required by the Federal Motor Carrier Safety Administration (FMCSA)
- Not ensuring that their drivers comply with FMCSA regulations
- Not giving sanctions to drivers who fail drug or alcohol tests and who are found to be noncompliant with FMCSA guidelines
- Allowing trucks to operate even though they were not properly inspected and maintained
- Forcing drivers to work beyond the regular working hours. It is their job to keep drivers from being fatigued.
Owners of trucking companies will do everything in their power to make sure that they will not be held liable for accidents or injuries that will be caused by their drivers. These companies have the money to hire the best lawyer who will represent them in court. So if you or your loved one was injured or killed in a truck accident, you wouldn’t let the liable party or parities get away in paying the damages you deserve.
The customer – business relationship is all about trust and confidence. The customer should put their trust in the business. There is a give and take relationship here. The bad news is that some businesses break the trust that customers gave them. If that breach of confidence ends up hurting the customer, they have no recourse but to sue the company.
According to the website of Slater Pugh Ltd. LLP, there are several options that a business can consider when defending their rights as a company. The courtroom is not the only venue where they could settle a legal battle. Let us take a look at these legal alternatives:
A civil litigation is uniform and regulated by Federal or state court. Filing a case can be tasking even if it does not go into trial. The processes may include filing a complaint, pleading, counterclaims, or third party action.
Small Claims Court
Small claim courts are informal courts that handle minor cases ranging from nuisance charges to money disputes. This is the first court where litigation takes place for small financial damages.
Class Action Suit
A class action suit is designed to consolidate several smaller cases into one large lawsuit. The cases involved here can be anything from toxic waste disposal to securities fraud.
Alternative Dispute Resolution
Alternative dispute resolution involves both arbitration and mediation. This is the best alternative for resolving conflicts and if you want to reduce the cost and time and avoid litigation.
Lawsuits can be time consuming and can waste your money and other resources. These alternatives can be considered for settling any conflicts and to prevent going to court. As a business, it is best to understand all your legal options. Knowledge of these different courts can help you determine the best legal alternative for your business.
Individuals who were injured or who have lost a loved one in accidents involving commercial trucks may find it hard to determine exactly who are responsible for their loss. Properly determining who are responsible in truck accidents is important for victims to possibly have a valid claim and get all the remunerations they deserve for recovery.
As such, people who are involved in truck accidents should clearly identify all the persons, companies or any entities linking to the involved truck. While drivers are often blamed in truck accidents, truck or trailer owners, truck companies, companies that lease trucks and trailers, truck parts manufacturers, and shippers can be held responsible in accidents. When a truck accident occurs, companies linked to the involved truck often blame each other to possibly avoid liability for crash victims not to garnish their insurance. In a truck rollover accident, a company or entity might claim that the incident was caused by the driver’s poor judgement; on the other hand, the driver’s employer may claim that the truck’s load was improperly distributed in the trailer. Trucking companies before employ strategies to possibly avoid being liable in accidents. One of the strategies is for companies to get trucking operation permits even they do not own trucks or trailers. These companies hire contractor who owns or operates trucks and trailers. When contracted trucks are involved in accidents, the company could argue that they do not own the truck or the driver involved is not their employee.
Though trucking companies often attempt to avoid liability when an accident happens, Ausband & Dumont lawyers said trucking companies are expected to follow federal and state regulations. Truck companies nowadays can be penalized from violating laws that endangers other vehicle drivers on the road. Acts of truckers’ negligence including hours of service violations, hiring unqualified drivers, not training drivers, and inadequate truck inspections may result to tragic accidents.
After the long winter, when spring comes in full swing, one thing that is really noticeable on roads is the sudden increase in the number of motorcycles. According to the National Highway Traffic Safety Administration (NHTSA), as of 2011, motorcycles accounted only for 3% of all registered vehicles in the US, yet, when it comes to traffic fatalities, motorcyclists account for 14%.
Records from the National Center for Statistics and Analysis (NCSA) Traffic Safety Fact Sheet show that in 2012, motorcycle accidents injured about 93,000 riders and killed 4,957. Compared to car passengers during crashes, the likelihood of motorcyclists getting injured is five times more, while the likelihood of them dying, 30 times higher. This is due to the lack of gears that would cushion and protect a rider from the force created during impact, thus, making him or her vulnerable to different kinds of severe injuries, especially head injury, which is the most common cause of death in motorcycle accidents.
There are two classifications of motorcycle accidents: single-bike motorcycle crashes and multiple-vehicle accidents. Single-bike motorcycle crashes, which are more common, involve just a single motorcycle and it can be the result, either of negligence or recklessness on the part of the rider, or factors beyond a rider’s control. Examples of these, include riding under the influence of alcohol, speeding (especially when approaching a bend), faulty equipment and road hazards, which can cause a rider to lose control of his/her bike, ending up with him/her crashing on asphalt or hitting a road fixture, such as a lamp post or concrete barrier.
A multiple-vehicle accident, on the other hand, involves another vehicle, such as a car, an SUV, etc., and is the more deadly of the two types. According to the NHTSA, some of the most common causes of multiple-vehicle accidents are driver distraction, a driver being under the influence of alcohol, a driver using a cellphone while driving, a driver failing to notice an approaching motorcycle and a driver refusing to respect a motorcyclist’s right of way.
The website of the personal injury law firm Cazayoux and Ewing points out the sustained efforts of government and private agencies in improving awareness among drivers of the possible dangers that motorcycle riders may face if they fail to observe the presence of motorcycles on the road. One way through which this awareness is conveyed is via the declaration of the month of May as Motorcycle Safety Awareness Month. It is during this month when the National Safety Council (NSC) explains the dangers and vulnerabilities that motorcycle riders face on the road and the ways that would help everyone avoid accidents, save themselves from getting hurt, as well as from injuring a motorcyclist. These NSC tips should help attain the above objectives:
motorists should observe motorcyclists’ right of way and should be extra alert when they are near;
never tailgate a motorcycle, drivers should rather allow a greater following distance behind it;
drivers should be extra careful at intersections where most crashes occur (a very common incidence when drivers would be making a left turn at intersections);
motorcyclists are entitled to use the full lane width of any road. No driver should deprive them of this right by sharing the lane with them;
motorcyclists should never drive along another vehicle’s blind spot;
motorcyclists should refrain from riding during poor weather conditions; and
motorcyclists should always use turn signals before changing lanes or turning
No law, more so, reminders, will save motorcyclists from the possibility of being hit by another vehicle or from losing control of their bike due to poorly maintained roads or road hazards, so long as there are individuals who will obstinately refuse to observe what the law mandates.