- 21
- February
2012
Until this week, the Midwest had a pretty mild winter. Now, the cold has arrived, and with it snow and ice. While many people love the snow, no one likes driving in it.
Until this week, the Midwest had a pretty mild winter. Now, the cold has arrived, and with it snow and ice. While many people love the snow, no one likes driving in it.
Continue reading Weather Conditions Make Driving Hazardous
Fatal accidents involving trucks, motorcycles, and railroads are usually complex in nature. And, recently, more numerous.
While overall transportation deaths in this country decreased between 2009 and 2010, research by the National Transportation Safety Board (NTSB) reveals an increase during the same period in fatalities from truck, motorcycle, and railroad accidents.
Continue reading Deaths in Truck, Motorcycle and Railroad Accidents Increase
Sleep apnea is a disorder in which a person suffers pauses in breathing while asleep. The pauses can last from a few seconds to a few minutes, and can occur up to at least 30 times per hour. The result for an individual suffering from sleep apnea is a poor night's sleep and excessive sleepiness the next day. Sleep apnea is typically a chronic condition.
Continue reading Truck Drivers May Be Screened for Sleep Apnea in Future
Technology To Avoid Catastrophic Railroad Accidents Is Under Fire
In 2008, the U.S. Congress passed the Rail Safety Improvement Act. The law called for the installation of Positive Train Control (PTC), which automatically activates the braking systems of trains that are about to collide with each other or derail. Prior to 2008, a few carriers had voluntarily installed PTC on their track.
Farmers Insurance Group of Companies, the country's third largest insurer of both personal lines passenger automobile and homeowners insurance, recently settled a class action lawsuit in which policy holders alleged the company mishandled their claims after being injured in auto accidents. The settlement was approximately $140 million.
Specifically, the lawsuit argued that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments ("Med-Pay") and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures.
In the late morning hours of August 1, 2011, Eddie Wyatt was driving his tractor trailer southbound on I-85 just outside of Anderson, South Carolina. Suddenly, his rig veered off the road. Crossing the median, Wyatt's truck entered the northbound lanes. Wyatt's vehicle struck both an SUV and a pick-up truck. Dragging these two vehicles, Wyatt's rig ultimately collided with another tractor trailer. In the end, Wyatt and two other people were dead. The cause of the accident was driver fatigue.
Though Wyatt's accident took place in South Carolina, it could have just as easily occurred in Missouri. Drowsy driving - particularly by the drivers of large commercial trucks - poses a serious danger across the United States.
Continue reading Trucker Fatigue Poses a Serious Danger
According to statistics from the U.S. Centers for Disease Control and Prevention (CDC), incidents of drunk driving have decreased over the last three decades, possibly in part to states passing higher minimum drinking ages. In fact, incidents of driving under the influence have gone down by 30 percent in the last five years alone.
Nevertheless, despite the decrease in the number of people who drive while impaired, fatalities caused by drunk driving accidents still make up more than 30 percent of all traffic fatalities, with an astonishing 11,000 people killed each year by drunk drivers. Moreover, in 2010, there were 112 million incidents of individuals who admitted to drinking and driving.
Continue reading Although Incidents May Be Decreasing, Drunk Driving Still Deadly
With a new joint rule from the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration, commercial truck and bus drivers may no longer use cell phones or "push to talk" phones while operating their vehicles on interstates. The new rule takes effect January 3, 2012.
The new rule specifies that it affects "all commercial motor vehicles operated in interstate commerce with a gross vehicle weight rating of 10,001 pounds or more, a vehicle operated solely in intrastate commerce with a gross vehicle weight rating of 26,001 pounds or more, or a vehicle transporting any amount of hazardous materials requiring a placard." The new rule includes all contracted school bus operations and shuttle buses.
Distracted drivers cause between 25 to 50 percent of all U.S. motor vehicle accidents, according to the American Automobile Association. Distracted drivers of large over-the-road trucks and commercial vehicles can cause catastrophic consequences. "When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said U.S. Transportation Secretary Ray LaHood when announcing the new rule in November.
There can be many causes in trucking accidents, and determining liability can be a complicated process. So if you or a loved one has been in an accident involving a commercial vehicle, be sure to contact an experienced attorney, like those at Gray, Ritter & Graham, to explore your legal options.
Settlements or judgments in personal injury claims may be subject to various liens or claims by third parties such as hospitals, governmental agencies or entities that have paid for medical expenses or services on behalf of the injured party. Insurers paying benefits to insureds as a result of injuries caused by third persons often claim an interest in recovering those costs if the insured obtains a settlement or collects upon a judgment against a third party. A medical lien is a claim that requires you to pay for your treatment when you settle your claim. This can be created by statute, by policy or even by something you do. Insurers frequently attempt to draft policy provisions or establish requirements that allow them to seek reimbursement from the insured in such situations.
Continue Reading Be Warned: Others May Lay Claim to Your Personal Injury Lawsuit Compensation
Motor vehicle accidents happen every day in every state, but each accident is unique. When a car or truck accident causes serious injury or wrongful death, the trauma of the accident itself keeps playing out for the victims and their families.
There are medical bills to pay. There is ongoing medical treatment to deal with. There may well be lost wages. For many victims, full recovery will not be possible. They may need personal care, special equipment, occupational therapy and psychological treatment.
Injured people and the families of wrongful death victims need answers, justice and compensation to deal with the after-effects of the accident. In this blog, as in our legal practice, we look forward to discussing the ways a personal injury law firm can help people injured in car accidents, truck accidents, motorcycle accidents, pedestrian and bicycle accidents, ATV accidents, aviation accidents, bus accidents, train accidents and other types of motor vehicle accidents.
You are welcome to call our law firm and consult us about a personal injury claim.
Gray, Ritter & Graham, P.C.
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