Are Car Accidents and Truck Accidents Different?

Jan 19, 2016 by

At first glance, it may be difficult to tell the difference between a car accident and a truck accident. The regular type of folk might say they’re the same thing since, technically speaking, a truck is still just another vehicle.

There is, however, reason as to why there are federal laws as well as specific restrictions for truck drivers that aren’t necessarily applicable to a regular driver. For one thing, a truck driver must be a professionally licensed driver and is only allowed to drive for a certain number of hours (11 hours in a day for interstate truck drivers and not more than 14 hours on duty). Another big difference is the weight. A car, on average, can weigh around 8,000 pounds while an eighteen wheeler truck can weigh up to 80,000 without needing a permit (which means that it can weigh even more than that).

It is the potentiality for the level of damage that they cause that makes them different, which is why a car accident attorney may have to work with an altogether different set of laws to a Tennessee truck accident attorney. A car accident can injure a few people at a time while a truck accident is often so devastating that it can affect hundreds, maybe even thousands of people.

Just picture the wreck that a rollover of a single van could do versus the wreck that an eighteen wheeler can do to a highway filled with traffic. Not even a magic potion can put a stopper on that.

Car accidents and truck accidents are then different because the classification of the risks is in a different scale in and of itself. If you have found yourself the victim of a truck accident, it is the most advisable course of action to contact a professional in the legal field of truck accidents specifically to help you and guide you through this stressful ordeal.

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Keeping your tires safe to prevent road accidents

Sep 24, 2015 by

Running with a defective tire can be disastrous. In fact, most Tennessee personal injury lawyers would not deny that a number of car accident claims have been associated with tire and rim defects. Because tires can make or break how you handle your car, a simple defect can result in accidents that may destroy properties and claim lives.

Before you hit the road, take time to inspect your tires and check for these things to ensure a safe and accident-free ride:

  • Tire pressure – The U.S. National Highway Traffic Safety Administration said cars with underinflated tires are three times more at risk of accidents. However, driving with overinflated tires may also result in accidents caused by blowout.
  • Tire tread – The tread is responsible for your tire’s traction. When driving on a wet road, the tread allows the water to drain more easily to prevent uncontrolled sledding. You can inspect your tire tread using a penny. Hold the penny upside down so that Abraham Lincoln is on his head, and then stick it between each of the tread’s groove. If the top of Abraham Lincoln’s head is visible to any of the grove, then you should consider replacing the worn out tire.
  • Sidewall – If you can see or feel any crack or bulge in your tire’s sidewalls, it means that your tire is damaged and should be replaced immediately for safety

Because tires wear down unevenly (tires in front wear down faster because they carry more than half of your car’s weight), rotating your tires on a regular basis is definitely a good safety practice. However, be aware that there are certain ways on how you should rotate your tires properly. For instance, placing tires with lesser traction on the rear axle makes you more prone to spinning and hydroplaning, and so it is important to always place older tires in front.

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Is Filing for Bankruptcy the Same as Giving Up?

May 19, 2015 by

A lot people associate filing for bankruptcy as admitting hopelessness or being totally and completely broke. This is not, however, the case. More often than not, it is filing for bankruptcy that allows for indebted citizens or businesses to salvage what they have in order to start their credit anew. There are several different kinds of bankruptcies that could be filed for and depending on the situation and financial standing of the person in question.

Chapter 7 Bankruptcy, for example, is more commonly known as straight bankruptcy. It allows for assets to be liquidated, thereby clearing a person of all debts and allowing for them to have a better grasp of handling their financial situation. According the website of lawyers Gagnon, Peacock, Vereeke, PC, filing for this kind of bankruptcy is often how people are able to get back what they have lost and allow them the break and fresh financial start that they need in order to not be so debilitated by debt. However, this kind of bankruptcy demands a certain means test and the person filing for it must fit into a particular income bracket in order to qualify for this kind of bankruptcy.

There are other types of bankruptcies to file for, though. Chapter 13 Bankruptcies are more targeted towards farmers and fishermen, for example, as it allows payment plans that extend for three up to five years. Filing for Chapter 13 Bankruptcy also allows for you to file for Chapter 7 bankruptcy in the future as well, if that is an option that is deemed necessary for your financial situation.

It is recommended that, whatever your situation or the type of bankruptcy that seems most attractive to your circumstances, you contact a legal professional who has had experience in dealing with cases of this nature. This is advised since the matters of bankruptcy are rather complex and having the help of someone who knows their way around the block, so to speak, would be better equipped for the journey.

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Long –term Injuries’ Value to Your Claim

Feb 15, 2015 by

Being injured in a car accident can have long-lasting effects in your life, especially if it resulted to serious injuries that have been diagnosed as long-term or permanent. Awards for damages in your personal injury claim can be significantly higher if you are suffering from a long-term or permanent injury caused by a car accident. These injuries tend to provide higher awards because they could potentially increase the difficulty of everyday activities, and can lower your quality of life.

According to the website of Ausband & Dumont, car crashes can lead to a number of serious long-term or even permanent injuries. One of them is scarring and dis-figuration. A car crash that leads to a fire can cause scarring and disfigurement. Specially large and obvious scarring can cause serious emotional and physical distress; it can give you low self esteem because of the physical appearance, and it can cause inflexibility in the affected area that could loss of mobility. This type of injury can be significantly valuable if the location is around a visible area. If the area can be covered but can still cause embarrassment, then it can still be considered significant enough to increase the value of the injury settlement. Additionally, you should be aware of how social prejudice can affect the value of your injury settlement. In order to prove how the scarring and dis-figuration can affect your everyday life, you have to provide a medical opinion, possible with information regarding the cost of re-constructive surgery or repair.

Another long-term or permanent injury from a car accident is back and joint injuries. Spinal and bone injuries are very common in serious car crashes, and they are often permanent in nature. Although there are instances where the injury can heal or recover, it may reappear or even worsen through time.

Suffering from any of these injuries or any of the long-term or permanent nature would establish your need for a higher compensation. You have to present evidence through a documented support (such as a notation from your doctor) to validate your claims. You can ask your doctor about the likelihood of recurring or degenerative complications from your injuries and take note of it on your medical records, for your insurance claims. Even if your doctor did make notes of it, you still have the option of raising the issue in your settlement negotiations.

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Prompt Pay Attorneys: Insurers will think Twice about “Stiffing” Healthcare Providers

Dec 30, 2014 by

The practice of insurance companies, specifically Preferred Provider Organizations (PPO) and Health Maintenance Organizations (HMO), stiffing healthcare providers has been a major problem for doctors, hospitals, and even pharmacists. “Stiffing” actually means colloquially “to tip poorly” but in this case it is to delay payments. It got to a point that many states perceived the need to enact legislation that would penalize HMOs and PPOs that subscribed to this practice.

In Texas, the Texas Prompt Pay Act is designed to discourage insurers from delaying payments for “clean” (defined under the Texas Department of Insurance Rule §21.2803) claims by an eligible party. Prompt pay attorneys would explain that the penalties for delayed payment depend on several factors, and the length of the delay will dictate the amount of the penalty. In other words, the longer the insurer delays payment, the higher the penalty. This is significant leverage for healthcare providers to get paid quickly.

For example, if a “clean” claim is filed by mail, the PPO or HMO is required to make a payment within 45 days. If it is submitted electronically, the payment period is shortened to 30 days. If the insurer fails to make the deadline but pays up 45 days after the deadline, the insurer is considered in violation of the Texas Prompt Pay Act.

Violators may be levied a fine $100,000 or 50% of the difference between billed amount and the applicable contracted rate, whichever is less. When the payment is made 46 to 90 days after the deadline, the penalty is either $200,000 or 100% of the difference between billed amount and the applicable contracted rate, whichever is less. If the insurer still doesn’t pay until 91 days or more, the same penalties for the 46-90 day period will apply plus 18% annual accrued interest counting from the payment deadline until date the claim is actually paid.

If your insurer is delaying payment for your healthcare services, consult with prompt pay attorneys in your area to assess your case. If you meet eligibility requirements, the lawyer you choose will file a complaint on your behalf through the proper channels.

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Cruise Ships’ Tender Boat Accidents

Sep 14, 2014 by

The primary concern of cruise ships is always the safety of all passengers, whether during voyage, shore excursions or other shore-related activities. This, of course, implies hiring qualified ship officers and personnel, giving them adequate training and being equipped with everything necessary to address emergency situations efficiently and on time.

While it is true that nothing can compare to the excitement and fun a cruise vacation can provide, cruise lines should accept too that where people are, then accidents may happen. Be it due to natural causes, such as rogue waves or bad weather, or human error and negligence that result in fire, collision with another vessel, or hitting a rock that can create a crack on the ship’s bottom, causing it to sink, when an accident occurs, everything is left to the preparedness and ability of the crew members to think and act correctly despite the pressure.

Another activity that cruise lines have introduced to passengers, for added cruise excitement (as well as income) is shore excursions and other shore activities. These can range from water thrills, like scuba diving, jet skiing and parasailing, to land adventures, such as island visits, rock climbing, hiking, ziplining, cultural and archeological tours, inland dining, shopping, and so forth.

Despite being the source of additional fun, these shore activities can also very well be sources of accidents and injuries to passengers. However, before getting on shore for these thrilling experiences, passengers will need to be transported first from ship to shore and vice-versa, via tender boats.

A tender boat is a ships’ boat service – it definitely provides lots of benefits but, sadly, causes a number of injuries to passengers too. Due to its small size (it can usually accommodate about 100 to 150 passengers plus about three crew members) a tender boat can easily be swayed by waves, making boarding or getting off it quite dangerous. In some instances, passengers have slipped, sustaining a leg or back injury, or falling off into the sea. In another situation, a tender boat was reported as having sped off from the dock, with its rope still tied to the cleat, causing its bitt (a post on a boat where cables or ropes are tied) to break loose, propel through the air, hit and cause serious injury to a passenger.

The Vucci Law Group’s website, with the address, http://www.thevuccilawgroup.com/practice-areas/cruise-ship-excursions/, provides passengers, who have injured during a cruise vacation, with vital information regarding tender boat injuries, the best legal options available and the best source of legal help they will definitely need.

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Reverse Mortages

Feb 9, 2014 by

reverse mortgageI’ve been noticing a lot of commercials on TV inquiring elderly watchers to to take out what is called a “reverse mortgage.” These commercials do a great job of outlining why a reverse mortgage is a good idea, but, in the nature of advertisement, they fail to point out the negatives of such an action.

While a reverse mortgage is a great way to have an income in your twilight years, it entails selling your home back to the bank. This means that your children and grandchildren will not be able to benefit from you bequeathing them with such a valuable asset. The wealth simply leaves your family.

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What About Asbestos Related Lung Cancer?

Nov 13, 2013 by

There is no question that asbestos is a health hazard; that has been established since the 1970s when the Consumer Product Safety Commission (CPSC) banned its use in gas fireplaces and patching compounds initially because it was likely to release the fibers into the environment. Asbestos fibers are considered dangerous because the silicate compound once inhaled or ingested interfere with activity. The damage is mechanical rather than chemical, and is due to the extreme fineness of the fibers ( The most common diseases associated with asbestos exposure is malignant mesothelioma, cancer of the lining of the organs in the chest and abdomen called the mesothelium, and asbestosis, a chronic medical condition presenting as inflamed and fibrous tissue of the lungs. This may be because these are diseases which are nearly always associated with asbestos alone as the causative factor.

However, asbestos related lung cancer is actually a much more common disease in the US and makes asbestos one of the most dangerous occupational hazard for many workers. The estimate is that up to 10,000 workers annually die of asbestos-related lung cancer in the last twenty years. Smokers are more likely to develop this disease because the habit weakens the lungs, making it more vulnerable to asbestos exposure.

Most people are exposed to low levels of asbestos, but not enough to get sick unless the exposure is frequent and regular. People who get asbestos-related lung cancer do so because of their occupation which not only exposes them regularly to the compound, but are constantly in an environment where asbestos fibers are continually being replenished, such as the construction, demolition and auto part industries. Employers in these industries are mandated by law to provide reasonable safety precautions for their workers; failure to do so may render them liable to civil lawsuits.

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Social Security Disability Funds Running Low

Sep 5, 2013 by

Disabled Americans who rely on monthly checks from the Social Security Disability Insurance Program (SSDI) face a sobering reality in the future, as the program’s reserves are on track to run out completely in 2016.

SSDI provides funds for disabled Americans who cannot work due to a medical issue. Currently, the program serves more than 11 million Americans, who receive an average of $1,129.51 each month to supplement any job income they receive. SSDI is just one piece of the problem; the entire Social Security program is predicted to dry up by 2033.

Potential solutions include reallocation of funds from other Social Security programs into the SSDI fund, which would stave off the deadline and give Congress more time to find a long-term solution for Social Security’s woes. Critics portray that idea as “pushing the problem down the road” and argue that if Congress can’t find a solution in three years, it won’t ever be able to fix Social Security.

Without a solution such as a reallocation of funds, the SSDI fund will evaporate, forcing Congress to cut benefits for disabled Americans or hike up Social Security taxes to cover the balance. Americans must hope the threat of the looming deadline will be the impetus Congress and other lawmakers need to effectively tackle Social Security’s problems.

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The Hazardous Effects of Manganese Fumes

Aug 29, 2013 by

The turn of the twentieth century witnessed an increase in the number of workers getting injured in the workplace, especially in construction sites. This prompted the US government to pass the following into law to significantly lessen workplace accidents or ensure financial assistance to injured workers:

  • Workers’ Compensation Benefit of 1908, aimed at covering wage replacement, medical costs, rehabilitation or healing period, disability or death
  • Social Security Act of 1935, intended to provide financial benefits to workers suffering from a long term / permanent disability or medical condition usually lasting for at least a year
  • Occupational Safety and Health Administration (OSHA), an off-shoot of the Occupational Safety and Health Act of 1970, which is tasked to establish and enforce the standards that will render workplaces safe and healthy, as well as provide training, outreach, education and assistance.

The safe and healthy workplace standards required by OSHA ought to be enough solution to faulty or poorly-maintained equipment, unreported malfunctioning tools and equipment, poor management or co-worker decisions that may put you in danger, incompetent managerial skills or exposure to hazardous substances which, according to a legal website owned by Williams Kherkher, are oftentimes the cause of various accidents and serious injuries. In fact, one dangerous substance that many workers have been exposed to is manganese fumes from welding.

Manganese, one of the most abundant elements on earth, is a highly-reactive metal that is usually added to carbon steel and stainless steel for added hardness and strength; it is also found in various types of welding rods and wires. Even if used correctly and properly, manganese welding rods will emit manganese fumes, the most damaging metal present in welding fumes.

Exposure and inhalation of manganese fumes can cause different illnesses, including damage to the brain and central nervous system, liver, lungs and kidney; it can also result to fertility problems among males and the development of “manganism,” also called “welder’s disease” or Parkinson’s disease.

Those in ore-crushing, mining, and metallurgical operations for steel, iron ferrous and non-ferrous alloys are the ones always exposed to manganese fumes and, so, are in the greatest risk of developing an illness. It would be an obvious failure by your company’s management or the carelessness and unconcern of welding rods and wire manufacturers that workers get exposed to a kind of danger that will affect their health for the rest of their lives. Your injury, being due to another’s negligence, requires justice and deserves the compensation that should restore your original health.

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