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It’s time to retire the truck

Trucks are a constant problem for traffic. We all know this. They are too big, too slow, too eager to jump between lanes and slow traffic. But perhaps one thing you don’t often think about: trucks are also too dangerous.

According to recent statistics found posted on the Amerio Law Firm site, there were 411,000 truck accidents in 2014. This, despite the fact there were only 3.4 million trucks on the road. That means 12 percent of trucks were involved in accidents in 2014. That means, further, that every time you see ten trucks on your commute to work, one of them has been in an accident that year.

When trucks are in accidents, they don’t tend to be fender benders. It’s difficult for trucks to do that little damage simply based on their size and velocity. So, when you think of those statistics, think about the damage each one of those 411,000 accidents caused, think about which one of those ten trucks you just saw caused one of those 411,000 accidents, and then be grateful you weren’t 411,001.

To me, the solution to all of this is obvious: we need to move beyond the era of trucks. Trucks have been a crucial part of our economy for decades, and we should be grateful for all they’ve done for us. They’ve helped build us into the mightiest, richest nation in the world. Trucks transferred the pieces that would become our weapons’ arsenal. They transferred the parts of our airplanes. They transferred every item in our local Walmart.

It is time, however, to retire the truck. For a long time, it was worth the risk on the road to achieve all those great positives, but that time has passed.

We still want all those great positives, of course, we just have better ways to achieve them. Here are two simple ways:

Reinvest in rail. Before trucks, trains carried all our goods. In many countries, trains still carry most of the goods. There’s no reason America can’t return to that system, other than an unwillingness to invest. Trains are far safer and far less likely to cause regular accidents. More rail lines might also allow for more pedestrian rail travel, which would get more cars off the road and speed up commutes. It’s a win on multiple levels.

Push for driverless trucks. This is the future, but we don’t want to have to wait so long for it. Many are theorizing we will have a large body of driverless trucks within the decade. Let’s invest now and push that down to within the next five years. Driverless trucks will make far fewer errors and will know to stay in their lanes and not clog up the road. They’d also be better for the environment since they’d be able to police their speed and fuel consumption better.

These are only two ideas, and there are much more to be had. The main point is this: trucks have been great for this country, but they are simply too dangerous. The 21st century deserves a safer means of mass transportation.

Incompetence of Nursing Home Management Can Lead t...

One of the many things you consider when you are putting your loved one in a nursing home is the possibility of neglect. Neglect can manifest in a lot of ways, but the most common ones are dehydration, malnutrition, poor hygiene, and the lack of attention to specific medical needs – all these can have negative bodily effects, not to mention the psychological strain as well.

According to the website of Habush Habush & Rottier S.C. ®, those who have suffered from neglect in nursing homes may take legal actions to get justice and compensation. However, it may be easy to automatically put the blame on a specific nursing home staff, even though he is not totally at fault. There are instances where the neglect has risen because of the incompetence of the nursing home management.

Hiring incompetent staff

If a nursing home staff is incompetent, it can be argued that it is his fault for being so, but it can also be argued that it is the management’s fault for hiring someone who is not qualified enough. The management should have a strict hiring process to filter out those who are not good enough and hire only those who are. After all, they will be dealing with the most fragile and vulnerable people, so they will need all the competence they can get.

Getting too many residents

No matter how competent the staff is, it will still not be able to do its job properly if there are just too many patients to cater to. In fact, having too many patients has been known to be a common cause of neglect in nursing homes. The staff cannot be blamed if there are just too many patients whose health, hygiene, and other medical needs need to be tracked and attended to, so they may unintentionally neglect some.

Getting too few staff members

This is almost the same idea as the previous entry, but it is also quite different. Getting too many residents aim to get more money, while getting too few staff members aim to save on operation costs. But the patients are the ones who suffer, because the unbalanced staff-patient ratio results into neglect.

So, before you put your loved one in a nursing home, it is important to look at the competence of the nursing home’s management. It may be the very thing that saves your loved one’s dignity and health.

Factors That May Influence Drunk Driving Charges

Drunk driving is against the law, because of safety reasons. But not all drunk driving charges are the same. Some are worse than others, and this will depend on a variety of factors, such as those enumerated below.

Blood Alcohol Content Percentage

There is a blood alcohol content limit. Exceeding this limit while you are on the wheel means that you are already drunk driving and you can be arrested for it. The legal limit for blood alcohol content is usually at 0.08%.

The farther you are from this legal limit, the worse your drunk driving charge will be. In fact, if you exceed 0.16%, your charge can even be elevated into a felony.

Child Passengers

If you are driving while under the influence of alcohol and have a person who is below 18 with you, your drunk driving charge may become worse compared to when you are driving alone or with an adult. This is even worse if your passenger is well on his or her development years, like someone who is below 12 or 13.

Injuries and Deaths

You are not just the only person on the road. So, if you do reckless behaviors such as drunk driving, you are putting in danger not just yourself, but the other people around you, including other drivers, motorcyclists, bicyclists, and pedestrians.

A drunk driving accident that has injured or killed another person is likely to involve worse charges and penalties.

Number of Offenses

The penalties for driving while drunk charges may depend not just on the circumstances of your arrest, but also on your previous record.

Committing the offense a second, third, or fourth time or more have proportionately increasing penalties.

Status of License

Getting arrested because of drunk driving is already bad in itself, but it can be worse if you do not even have the privilege of driving.

Driving drunk and with a suspended license, lack of license, or any other license condition that takes away your privilege of being under the wheel, may be considered a factor and worsen the charge against you.

Trucking Company Negligence

Trucking Company Negligence

Driver error, vehicle malfunction, and road defects are some of the most common causes of truck accidents. But what if the one at fault is the truck company itself, because it has been careless and negligent in its practices? Trucking companies have the responsibility to follow safety standards, and failure to do so may result into a lawsuit concerning employer negligence and liability.Trucking

company negligence may come in many forms. It may involve employment practices, vehicle maintenance, and safety procedures. Below are some of the most common forms.

Hours of Service Violation

There is an hours and service mandate to protect truck drivers from working extremely long hours with little sleep. This mandate may also indicate how long a truck driver should work before resting, how often he should rest between shifts, and other little things that may involve working hours and rest. You may look at it as a way to prevent truck accidents due to fatigue.
There are many instances where this hours and service mandate is violated, because the truck driver wants to reach a specific deadline or the trucking company wants to maximize productivity.

Negligent Hiring

Trucks are big and heavy, so getting them involved in a traffic accident may have serious consequences. For this reason alone, trucks should only be handled by those with good driving skills. Sometimes, trucking companies become negligent of their hiring practices and end up hiring drivers with driving infractions, criminal convictions, or poor driving skills.

Failure to Train or Inadequate Training

Even professional drivers are not perfect. They need the proper training to efficiently handle the specific kind of truck they need to drive. This training includes safe driving practices, safety regulations, and operation laws. If at least one of these has been violated and an accident has occurred, the trucking company may be held liable because of its failure to give appropriate training for its drivers.

Failure to Inspect Vehicles

Maintenance is one of the key ways to ensure that trucks are in optimal condition to avoid vehicle malfunction and defects such as brake problems, tire blowouts, and trailer detachments. Failure to i

nspect trucks from possible damages and give proper upkeep may result into road accidents. Trucking companies may be considered responsible for such accidents and they may be taken into court, especially if injuries have been sustained.It is good to know that there are federal and state laws that protect truck drivers and innocent motorists around them from disasters that can arise because of trucking company negligence. There are truck accident attorneys out there willing to fight for you in case you have been involved in such inconveniences. But at the end of the day, you do not want lawsuits. All you want is a disaster-free road.

What is Probate Litigation?

What is Probate Litigation?

Litigation is the process of taking legal action to fight or defend the legal rights of two opposing parties. According to a litigation article from the website of Arenson Law Group, PC, common issues that result into litigation involve breach of contract and of fiduciary duty, business and employment torts, debt collection, franchise controversies, fraud and misinterpretation, non-compete agreements, and real estate broker commissions.
But litigation can also involve the deceased and his or her assets. This is called probate litigation. In this kind of litigation, the court identifies the assets of the deceased, makes decisions in relation to taxes and other incidental costs, and distributes these assets to their respective legal heirs, as stated in the will.
A probate litigation is basically about challenging the provisions of the last will and testament. The personal representative, or the bank or trust that has been appointed by the court to administer the assets, can also be challenged.
Below are some of the most common reasons why a probate litigation occurs:

  • Challenging the wording and overall construction of the will and testament
  • Challenging the validity of the will
  • Debating whether a guardian is to be appointed or not to an individual who has not executed a power of attorney
  • Determining the personal representative
  • Having different opinions in terms of conservatorship and guardianship
  • Taking legal action against a fiduciary for failing to fulfill his or her legal duties
  • Terminating a trust because of its impracticality

These issues can be very complicated, so it is advisable to get the legal help of professionals who specialize on these issues, like the Chicago probate litigation lawyers of Peck Ritchey, LLC.
Proper probate litigation avoids further disputes among family members, ensures that the assets and wealth are secured and every heir get the appropriate benefits, and resolves possible issues such as tax liabilities.

Negative Psychological Effects of Divorce on Women

Divorce can be an emotionally stressful experience, especially if the parties involved will part ways because of negative feelings and disagreements. The process of getting a divorce is already complicated in itself, but the real complication occurs after the divorce has been successful. It changes the lives of the couples, dividing their assets and liabilities, and agreeing on child custody, child support, and spousal support.

This can have positive psychological effects, such as feelings of freedom and relief, but it cannot be denied that this can also have negative psychological effects, especially on divorce cases that have occurred out of negativity.

Anger

One of the most common responses to divorce is anger. Maybe your spouse has hurt you or your children. Maybe he has failed to commit to responsibilities. Whatever the reason is, you are angry, and this may lead to other psychological problems, such as increased irritability and increased vulnerability to stress.

Anxiety

You just got a divorce, your children don’t get to be with both parents, and your financial status may have been affected. All these dramatic changes in your life can give you anxiety, because the future has never been this uncertain. This is especially true on mothers who have sacrificed their career for familial duties.

Depression

The failed relationship, broken home, uncertainty of the future, and other aspects of divorce may cause depression on the parties involved, particularly women. These may also cause feelings of low self-worth and confidence, affecting not just your personal life, but possibly also your employment opportunities and general enjoyment.

Guilt

Guilt is a common response to divorce, especially to those who have initiated the divorce. They may feel guilty and blame themselves for the broken family they have created and its negative effects on the children involved. Many divorce cases are initiated by women, so they are more vulnerable to this psychological issue.

All You Need To Know About Construction Site Accid...

One of the most dangerous places to be in is a construction site. Day in and day out, construction workers get injured. Although there are safety precautions being implemented in these places, some employers fail on their duty to ensure the safety of working conditions in construction sites. According to the website of Abel Law Firm, such negligence of employers can prove catastrophic leading to deaths and injuries.

Accidents that happen in the construction site are of two primary types. The first one involves construction workers. These types of accidents may lead to injuries or damages sustained by a construction worker hired to perform certain jobs. The types of injuries may include those incurred from machinery, utility, or unsafe work zones. These accidents can be prevented by using safety gears, goggles, and helmets. At the same time, employees should be certified and trained to operate equipment.

Another common construction accident may involve pedestrians that are not in any way affiliated with the construction project. The pedestrians differ from the injured workers as they may not have any insurance coverage. Thus, it is important for the construction site to adhere to safety standards and ensure the security of their premises. If not, the construction company may find themselves facing the legal ramifications of their negligence.

The dangerous nature of construction sites can be attributed to the presence of heavy equipment, unstable foundations, and hazardous environment especially for those who are not trained to handle certain equipment. Improperly trained workers are the ones who are most prone to getting injured or killed.

The construction industry is regulated by strict and stringent guidelines that every construction company and worker should adhere to. Otherwise, any injuries incurred in the construction site shall be the liability of the employer for not following proper standards.

Are You Exempt From Overtime Wages?

One of the most common mistakes that businesses make in exempting non-exempted employees from overtime pay. While you may be getting a salary, there might not be any payment for the excess hours you rendered. The website of Williams Kherkher reveals that this one of the tactics that businesses use to protect themselves from being penalized for violating the Fair Labor Standards Act. You might be eligible to receive overtime wages.

Unless you met the requirements set forth by the FLSA, you are entitled to receive overtime pay. The FLSA lays down three conditions to be considered an exempt employee and here they are:

  • You have a minimum salary of $455 weekly or $23,660 yearly. This could be higher depending on the state.
  • Your primary duty is managing an enterprise
  • Your regular work is to direct the work of two or more employees
  • You are authorized to hire or fire workers

Exempt workers include those that perform white collar jobs in administrative, executive, and professional field such as computer professionals and outside sales people. The retail and service sectors may also be exempt employees. A exempt employee is not required to track their working hours or be paid overtime, regardless of the number of hours they rendered.

The appealing nature of classifying employees as exempt is one of the reasons employers use this to avoid paying overtime pay. However, such practice carries with it the burden of proving that you have correctly classified an employee as exempt. However, going to court can be costly for both employer and employee so any wage disputes is best settled by concerned parties. Employees need not worry about retaliation as it is also illegal for employers to fire an employee for fighting for their rights. That would be another violation. So you have the right to claim for overtime pay if you believe that you are qualified.

Who Can Be Held Responsible For Medical Malpractic...

Cruise ships provide people with an opportunity to sail to exotic locations and momentarily forget about the humdrum of the city. Gone are the days when these sea vessels were a picture of affluence and glamor. Cruise ships of today are teeming with a wide range of activities to keep guests entertained enroute to their destinations.

According to the website of Louis A. Vucci PA, to ensure the safety of their passengers, cruise ships are required to have medical personnel on board. Cruise ships have care centers manned by doctors and nurses who can treat passengers suffering from a variety of illnesses such as sea sickness, broken bones, and life threatening medical conditions. The bad news is that holding them liable for medical malpractice is unlikely for passengers.

Pasquale Vaglio was a retired New York City policeman and a veteran of the Korean War. He was going on a dream cruise in the summer of 2001 aboard Royal Caribbean’s Explorer of the Sea. However, an accident happened that eventually led to his death. The 82-year old Vaglio fell and hit his head after disembarking for a sightseeing trip in Bermuda. He was taken to the medical unit where a nurse checked up on him and told him to rest in his cabin. What the nurse did not know was that Vaglio suffered a brain injury that led to his death a week later.

Vaglio’s case was just one of the medical malpractice lawsuits that was thrown out of the window due to exemptions created from previous court rulings. The previous Barbetta decision stated that “When a carrier undertakes to employ a doctor for its passengers’ convenience, the carrier has a duty to employ one who is competent and duly qualified. If the ship breaches its duty, it is liable for its own negligence. If the doctor showed negligence in treating passengers, however, the responsibility will not fall on the carrier.”

Back in those days, medical malpractice lawsuits are unlikely to win due to the fact that cruise ships only hire medical personnel as independent contractors. This was the reasoning of previous cases which exempts cruise lines from any liability to injuries of passengers. In the case of Vaglio, a three-judge panel of the 11th US Circuit Appeals overturned the previous decision on his case dismissing the complaint citing the longstanding maritime concept that gives immunity to cruise lines such as Royal Caribbean from any negligence cases.

The new ruling noted that the doctors and nurses who attended to Vaglio wore cruise line uniforms and were presented as ship employees and that the medical center was described glowingly in promotional materials. Aside from that, modern cruise ships have sophisticated ICUs, laboratories, and could do live video conferences with medical experts while on the sea.

If the decision stands, veteran Miami maritime lawyer Robert Peltz claimed that the key to victory in a medical malpractice on cruise ships case is to prove that the medical personnel were employees of the ship and not independent contractors.

Tips For Managing A Salon Business

Running a salon business is no joke. You will be dealing with a variety of customers that will test your patience and management skills. As a salon owner, customer service should be your utmost priority. Excellent service should not only start with you but also go all the way down to your staff. Here are some tips on successfully managing a salon business.

Maintain The Cleanliness and Safety Of Your Salon

Just like Houston hair stylists at Therapy Hair Studio, you should keep your salon clean and safe for your customers. Ensure that there are comfortable couches and furniture in the waiting area. The most important thing is to keep your customers comfortable while they wait for their turn.

Ensure Convenience

Convenience can best be seen when you offer more than just one service. For example, aside from being a beauty salon, you can also offer nail or spa services. This way, your customers will not go somewhere else if they want other service other than hair services.

Educate Yourself

Just because you are managing a business does not mean you will stop expanding your horizon. There are many beauty schools that offer a wide range of programs related to salon management. By continuously learning, you will be able to effectively run your salon. You can also encourage your staff to get some education and expand their skills as well.

Communicate

Communication can make a huge difference in succeeding with your salon business. This way, you will know the concerns of your staff and effectively address it. You can also open communication with your customers in order to better serve them.

The success of your salon business lies on your effectiveness as a manager. With these tips, you can look forward to long years of serving your customers.