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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.