Because of the massive size and weight of trucks, trucking accidents can be catastrophic, resulting in serious injuries and death. The size and structure of trucks and how they are driven is very different from passenger vehicles; for this reason, drivers of passenger vehicles may be able to help avoid collisions by better understanding how many trucking accidents occur.

Equipment failure

Equipment failure regarding brakes, turn signals, steering components, and tires are just some of the parts of trucks that can fail and cause devastating accidents. Trucking laws require regular inspection, but laws and regulations are not always complied with. Truck drivers do not always properly maintain their trucks, and that can lead to serious accidents. Even in properly maintained vehicles, equipment may fail due to shoddy work by manufacturers or repair shops.

Jackknifing

Jackknifing occurs when a truck folds as the trailer tries to pass the cab. Jackknifing means the accidental folding of an articulated vehicle (one towing a trailer) such that it resembles the angle of a folding pocket knife (hence the name). Jackknifing usually happens to an empty vehicle and does not really happen that often. Sudden braking or turning, brake malfunction, wet or otherwise slippery roads, and uneven road surfaces can all cause a truck to jackknife. Jackknifing can be the cause of a serious truck accident or it can happen after something has collided with the truck. Most experienced truck drivers know how to correct a skid before it becomes a jackknife.

Turning accidents

Turning accidents often occur because trucks are so long, and they often have to make very wide turns. Sometimes these turns require the trucks to take up more than one lane of traffic. Always be aware of trucks around you and allow them enough room to make those wide turns. A truck will often swing to the left before making a right hand turn; this opens up space to the truck’s immediate right. If a car pulls into that space, the car can be hit or even crushed without ever being seen by the truck driver.

Stopping Distance

The stopping distance that is required for trucks is much greater than the stopping distance required for passenger vehicles, and trucks that follow vehicles too closely are an accident waiting to happen. Following too closely obviously does not allow a driver enough time to stop in the event the vehicle in front of you brakes suddenly. Not having enough stopping distance between the truck and the vehicle in front of the truck can trigger a jackknife and cause a serious accident. Be sure to allow ample distance between your vehicle and the front of the truck you are passing. Many truck drivers will flash their headlights to let you know that it is safe to return back to your lane after passing.

Blind spots

Blind spots in trucks are much larger than in passenger vehicles. We have all probably seen those signs on trucks that say, “If you can’t see my mirrors, I can’t see you” Trucks have large blind spots that prevent them from seeing nearby vehicles. A truck that is changing lanes can easily collide with a vehicle in its blind spot. Experienced truck drivers know how to avoid these collisions, but not all truckers on the road are experienced.

Being aware of the dangers truck drivers face every day they go to work and being aware of how to share the road with trucks will certainly help you avoid the catastrophic type of accident that often occurs when trucks and passenger vehicles collide.

By: Patricia Woloch

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Every malpractice attorney is a specialist. He takes up cases that pertain to his specific domain. That is why when you need the services of a malpractice attorney Wilkes-Barre you have to do some research. You have to locate a legal malpractice attorney if you want to file a complaint against your lawyer who violated your trust. Similarly, if you suffered a personal injury on account of medical negligence then you need to locate a malpractice attorney who specializes in medico-legal cases.

There are several malpractice attorneys who have even narrower areas of specialization. For instance, a brain injury attorney will only accept cases that relate to brain injuries suffered by an individual in an industrial accident. There will be others who deal with cases of disability caused by exposure to toxic chemicals over an extended period of time.

Every year there are nearly 100,000 cases of medical malpractice, and of those many victims suffer long lasting affects from the negligence of the surgeon or doctor. By taking the wrong medicine, or by a surgeon not taking due care during a surgery, or even being slightly intoxicated before going into the operating room, the accused party can commit malpractice. You’ll definitely need a qualified malpractice attorney to help you get the best possible results in your case and win you the amount of compensation you deserve. Many law firms will also offer you free consultation and advice on the best way to proceed with the lawsuit.

It is not difficult to locate a malpractice attorney Wilkes-Barre. You only need to exercise care in your search. The best place to start this search is the net. You will find several sites that list the name and areas of specialization of malpractice attorneys. You can also go through the yellow pages, and locate the right malpractice attorney. Yet another option is to visit the office of the association of malpractice attorneys in your area.

The malpractice attorneys charge what is known in legal parlance as contingency fee. In this method, the malpractice attorney waits for the compensation amount to be awarded, and then claims a percentage of that amount. This percentage is decided by the malpractice attorney in consultation with the client at the time of accepting the case. Such an arrangement suits both the client and the attorney. The client need not pay heavy sums to cover the cost of a malpractice attorney; the malpractice attorney, based on the compensation amount, makes a handsome earning.

It is not easy to become a malpractice attorney. A beginner has to learn work under seniors, which means that a law school pass-out cannot start practice on his own. He should ideally join a small or mid-size firm of malpractice attorneys, and learn from experience.

By: John Hilde

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Whether in the workplace or on the football field, or even amongst members of a community, effective teamwork can produce incredible results. However, working successfully as a team is not as easy as it may seem. Effective teamwork certainly does not just happen automatically; it takes a great deal of hard work and compromise. There are a number of factors that must be in place to cohere together as a team and work seamlessly.

• Good leadership: Effective leadership is one of the most important components of good teamwork. The team’s leader should possess the skills to create and maintain a positive working environment and motivate and inspire the team members to take a positive approach to work and be highly committed. An effective team leader will promote a high level of morale and make them feel supported and valued.

• Clear communication: Communication is a vital factor of all interpersonal interaction and especially that of a team. Team members must be able to articulate their feelings, express plans and goals, share ideas and see each other’s viewpoints.

• Establishing roles: It is absolutely necessary for team members to understand what their role on the team is, what he/she is responsible for. The team leader can enable this by defining the purpose in a clear-cut manner in the beginning of the formation of the team.

• Conflict Resolution: Conflicts will arise no matter how well a team functions together. The best way to counter conflict is to have structured methods of conflict resolution. Team members should be able to voice their concerns without fear of offending others. Instead of avoiding conflict issues, a hands-on approach that resolves them quickly is much better. It is often advised that the team leader sit with the conflicting parties and help work out their differences without taking sides and trying to remain objective if possible.

• Set a good example: The team leader must set a good example for good teamwork to come about. In order to keep team members positive and committed and motivated, the team leader herself/himself needs to exhibit these qualities. The team looks to the leader for support and guidance so any negativity on the leader’s part can be disastrous.

Regardless of what type of sales you are in, you may one day be asked to be part of a team sales effort, and knowing how to effectively work on and with a team is going to be crucial to your success and that of your team.

By: Patricia Woloch

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Wage workers such as yourself desire to preserve their prosperity. Employment discrimination and harassment threatens an employee or individual’s ability to sustain their way of life. This type of discrimination or harassment is not based on performance on the job.

Employment Discrimination

According to The U.S. Equal Employment Opportunity Commission, “Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, it is illegal to discriminate in any aspect of employment.” Discriminatory practices under these laws may include: National Origin Discrimination, based on ethnic group, linguistics, ancestry, culture or birthplace. It may also include Religious Accommodation in which the employer is required to “reasonably accommodate” the religious belief of an employee or prospective employee. The Family Medical Leave ACT (FMLA) is a federal law that allows an employee 12 weeks of leave to care for parents, spouse, child, or self for a medical necessity. After the leave the employee may return to the job. Employer discrimination toward an employee for the use of this allowed time is illegal.

Sex Discrimination – Title VII forbids:

1. Sexual Harassment – Practices from blatant requests for sexual favors

to a hostile environment for males and females, including same sex

harassment.

2. Pregnancy Based Discrimination – Conditions such as childbirth,

pregnancy or related medical needs are required to be treated the same

as a short term illness.

3. Employment discrimination based on gender in the payment of wages or benefits is a violation of the Equal Pay Act.

Employment Harassment

Employment Harassment is a workplace discrimination practice. According to the commission, “Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.”

Anti-discrimination laws prohibit employment harassment against employees or individuals in several situations. These situations include: harassment against individuals for filing a discrimination charge; involvement in an investigation, lawsuit, or proceeding; testifying; and resisting employment practices that one “reasonably believes” discriminates amongst employees.

Employer Liability

If harassment by a supervisor results in an action involving loss of wages, failure to promote or hire, or termination the employer is automatically liable. If a hostile work environment is created by the supervisor’s harassment, the employer can avoid liability if these items are proven:

1) The employer reasonably tried to prevent and promptly correct the harassing behavior.

2) The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

By: Patricia Woloch

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There are estimated to be more than 10,000 spinal cord injuries in the United States every year. The consequences of a spinal cord injury can be devastating. Approximately 200,000 Americans live with the lasting effects of spinal cord injury on a day-to-day basis.

The costs of continuing care can run into the hundreds of thousands of dollars annually, not to mention the emotional toll these injuries take on the individual involved along with the family members who care for them.

Location of Injury to Spinal Cord

Spinal cord injury high on the spinal cord produces more widespread paralysis. For example, an injury at the level of the neck can cause paralysis of the arms and legs and make it impossible to breathe without the aid of a respirator. An injury at the level of the lower back may affect the legs and the lower body only.

Signs and Symptoms

· After a suspected spinal cord injury, the signs and symptoms to look for include:

· Difficulty breathing

· Pain or stinging sensation which is caused by damage to nerve fibers

· Loss of movement

· Loss of sensation

· Loss of bladder and bowel control

Sustaining a spinal cord injury is a life changing event that is frightening and confusing. It will leave you wondering how it will affect your everyday life and how you will be able to cope with the challenges ahead of you.

Spinal Cord Injury Treatment

There is no way to reverse spinal cord injury, but advances in recent years have improved the recovery and rehabilitation time of people with this injury. Researchers have discovered new treatments and medications that promote nerve cell regeneration or improve function of the remaining nerves after a spinal cord injury. These treatments focus on allowing people with spinal cord injuries to return to a productive life within the limits of their disability.

By: Patricia Woloch

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Slip and fall, as the name implies, is a situation wherein an individual slips or falls and gets injured in the other party’s property. This kind of case is part of a more extensive category of premises liability.

Under this category, the owner of the property is liable for any accident or injury that might take place in their premise.

There is no exact method in determining legal liability in slip and fall cases. Most claims look at the responsibility of the owner in ensuring that such incident would not happen as well as your recklessness in not noticing or preventing the condition that led to your fall.

In most instances, victims of slip and fall must prove that the cause of the incident was a risky condition and that the owner of the property had knowledge of such condition.

Slip and fall accidents can happen indoors or outdoors. Common injuries happen in an indoor slip and fall accident. For example, a shopper slips and falls because of a slippery floor. A property owner can be held liable on the following grounds:

• If there was no sufficient warning such as signs that the floor are currently being cleaned

• Mopping during hectic schedules or keeping the floor wet for extended hours

• Failure to remove spilled food, liquid and other foreign materials or inability to inform customers about the spoiled food

• Unsafe floors and carpets

• Failure to repair stairways that may lead to injury if the owner of the property is aware of them

Property owners cannot be held liable for slip and fall accidents if they are unaware of the existence of such condition.

On the other hand, outside slip and fall accidents take place in sidewalks and parking lots. If you are in a shopping center, for example, you need to determine who is responsible for that area.

Who Can Be Held Liable?

In commercial properties, there might be several parties that can be held liable for the other person’s injuries. For example, if the company leases from a property owner, both the lessor and tenant can be held liable.

In places of residence, the landlord may become liable to the slip and fall accident that will be incurred in the property. To bear the liability, the tenant must prove that:

The landlord could have prevented the accident;

Renovating the condition would not have bee costly as well as challenging;

The refusal to repair the condition led to the severe injury. The landlord did not initiate any step in preventing accidents from happening to any tenant In case the slip and fall accident takes place on a local, state, or federal government entity, special rules are applicable. There are strict notice requirements and extensive exemption provisions that may protect them from being liable for injuries taking place on their area.

Getting Legal Help

If you have been a victim of a slip and fall accident and are planning to pursue a claim against those who are to be blamed for your accident, you can solicit the help of experienced slip and fall accident attorneys.

To know more about slip and fall accidents and other personal injury issues, you can consult with our expert personal injury attorneys

By: Melvin Magadia

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If you are applying for Social Security Disability or SSI in Utah, you should probably know what you are up against. Although Social Security is a federal program, there are variations in processing times by state. Here we will discuss the typical Utah disability application, processing times, and statistics.

Application and Initial Level

The application process in Utah is relatively simple. It can be done in person at the Social Security Administration, or you can begin the application process on Social Security’s toll free number, 1(800)772-1213, or on the website. There is also a Utah disability law firm that walks applicants through the process of applying.

Once the disability or SSI application has been submitted, it is about 3-5 months before a decision is made. To increase your chances of success, try to have your disability file as complete as possible. Those applicants who have submitted their medical records already and have given as much evidence as was available are considered to have complete files, and their cases may be processed more quickly.

Reconsideration Level

Do not despair if your claim is denied at the initial level. In Utah, about 70% of disability applicants are denied at first. The next step is to submit your appeal for reconsideration–and do it within 60 days, or you’ll have to start all over!

The reconsideration level is generally even tougher than the initial level–possibly as high as 85% are denied. Once again, make sure your file is complete so your disability claim is processed as quickly as possible (most Utah claims take about 3-5 months to process at this level). If you have not been seeing a doctor, begin immediately. Do not wait for Social Security to set up an appointment for you, as it will waste valuable time and may not help your claim.

Hearing Level

If you are denied at the Reconsideration level, which unfortunately is likely to happen, the hearing level has the best chance of success. Those disability applicants who reach this point, have a decent claim, and represent themselves at the hearing may have about a 60-70% chance of being approved. Those who hire legal representation may have up to 85-90% chance of being approved.

Unfortunately, with the increased chance of success comes an increased wait. From the day you submit your appeal to the day you receive your decision, the average wait is 18 months. Most disability applicants wait about a year just for the hearing to be scheduled. There is not much you can do about this, except to make sure you show up on your hearing day so your claim is not postponed or denied on that basis. If you have a dire need situation, you may be able to work with Social Security to move the hearing date up (see Social Security or your disability lawyer for more information).

Appeals Council and Federal District Court

If your case is denied at the hearing level, you can appeal the decision at the national level. However, the wait is likely to be very long. Often your case is remanded back to the judge for another look, among other things. This level, especially the Federal District Court, may take years to give a decision. It may be quicker to reapply and begin the process again.

Wherever you are in the process of getting Social Security Disability or SSI benefits in Utah, best of luck.

By: Becca Rode

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