Fighting Truck Related Accidents

An overloaded truck can cause harm to not only the driver of the truck, but also to bystanders minding their own business on the road. A driver with an overloaded truck also needs to be aware of the height their load adds to the vehicle. When the load of the truck raises the overall height, the driver must be made aware of the new height in order to avoid certain overpasses, bridges, and road obstacles that might inhibit their truck from passing through with ease. On May 5, 2017, a truck traveling in Houston, Texas demonstrates the perils of driving with a raised load.

The northbound Interstate 69 at the Loop 610 experiences an entire weekend closure due to this truck accident on May 5, 2017. The driver of the truck attempted to pass under the overpass of Loop 610, while the bed of his truck was raised, reaching a height of 16 feet, 5 inches. According to the Houston Chronicle, the truck was “nowhere close to being able to travel under the bridge with the load raised.” Due to the raised load, the truck crashed into the guardrail, and pieces of not only the truck, but also of the overpass were broken off and sent in the air.

A piece of metal, measured at approximately 6 feet long and 12 inches wide, struck the windshield of a passing car. Fortunately, the piece of metal entered the windshield on the passenger side of the car, and there was no fatality or injury. The citations for this incident can be anything from improperly securing the load to failure to properly operate the trailer itself.

While this specific outcome ended without serious injury, more often than not, an incident with 18-wheeler truck can result in a much more serious and possibly fatal outcome. If you or someone you know has been in a truck-related accident, the next step to be taken is the act of a lawsuit. The daunting aftermath of this type of accident can seem overwhelming, especially as Williams Kherkher mentions, you are not just fighting the truck driver, but also the company that hired the truck driver.

Hiring an experienced lawyer with a history of fighting truck-related injuries is very beneficial to your case. Being able to use their own experience and precedents can help your lawsuit get its bearings and help you get the compensation you deserve. It is common to see insurance companies offering you very little when it comes to life-altering injuries, so getting a lawyer who is ready and willing to fight for you is extremely important.

The truck-related accident on May 5, 2017 in Houston, Texas was a very fortunate event because no one was seriously injured or killed. However, even the damage of property can give you the opportunity for a lawsuit. Don’t be deterred by the complex, lengthy lawsuit process, and get yourself the compensation you deserve.

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Who are eligible for filing a wrongful death claim?

Nolo defines wrongful death claim as when an individual is killed because of someone else’s fault—may it be unintentional or of mere negligence and recklessness. A wrongful death claim may allege a person or an entity (like an institution or a product manufacturer) and seek compensation for the loss of family members or loved ones of the deceased. According to Nolo, the compensation tackled in a lawsuit is usually a replacement for the lost wages of the deceased and expenses in the funeral service. Basically, the compensation discussed in the lawsuit will be any form of compensation sufficing the family that will have been provided by the victim, had he/she not died.

According to the personal injury legal team at Crowe & Mulvey, LLP, the most common causes of wrongful death are vehicular accidents, construction site accidents, unsafe premises, unsafe products, and medical malpractice. All these sources of accidents have birthed thousands of lawsuits before, although there are many other causes of wrongful death.

Aside from immediate family members (spouses, children, adopted children), there are other people who may file a wrongful death claim. A domestic or life partner may file the lawsuit, as well as financial dependents and putative spouses (an individual who believes that he/she was married to the deceased). Distant family members such as siblings, aunts, and grandparents also have a right of recovery and compensation. Other people who are eligible to file a wrongful death claim are people who suffer financially after the victim was killed even when they are not related, although it is only allowed in some states. Some states also allow the parents of a dead fetus to file a lawsuit, but in some others, a financial and emotional recovery is not possible.

The laws covered by wrongful death claims differ in each state, so if you find yourself in a similar situation, it may be best to keep in touch with a personal injury lawyer to advance your knowledge of the case.

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The Consequences of a Driving While Intoxicated or DWI Charge

Car accidents happen at an alarming frequency in America. According to the National Highway Traffic Safety Administration or NHTSA, one of the leading causes for these accidents is alcohol-impaired driving. This offense is typically called driving while intoxicated or driving under the influence. In the State of New York, alcohol-impaired driving is charged as driving while intoxicated or DWI. It is considered a serious violation that could lead to grave consequences.

All over the country, the blood alcohol concentration or BAC limit is at 0.08 percent for private vehicles. For drivers operating commercial vehicles, the BAC limit is at 0.04 percent. For drivers under the legal drinking age of 21, a zero tolerance policy is observed in most states across the United States. Anyone caught out on the road exceeding these limits can face steep penalties.

According to the website of Law Offices of Richard A. Portale, P.C., consequences for a DWI charge in the State of New York will depend on previous records and the specific circumstances of one’s arrests. Regardless of the facts, one can expect to face costly fines, some jail time, and a suspension or revocation of one’s driving privileges. At first offense, a DWI charge can lead to a fine of $500 to $1,000, up to 1 year in jail, and a 6-month minimum license suspension. At second offense, a DWI can lead to $1,000 to $5,000 in fines, up to 4 years of jail time, and a 1-year minimum license suspension. The court could also require an Ignition Interlock Device be installed in one’s vehicle.

Penalties become steeper at third and subsequent offenses. If convicted, an individual with a DWI charge can face an overwhelming $2,000 to $10,000 in fines, up to 7 years in jail, at least a year-long license suspension, and the installation of an Ignition Interlock Device in one’s vehicle.

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Car Accidents: Common Causes for Wrecks and Collisions in the U.S.

As data from the United States Census Bureau suggest, car accidents are occurring in an alarming frequency all over America. Based on the bureau’s reports, an average of 10.6 million accidents were reported annually during 2004 up until 2009. For every year in this 6-year period, an overwhelming number of accidents happen in roads and highways all over the nation. While a good number of these reported incidents only led to minor collisions, some also resulted in total wreckages that caused serious injuries and deaths.

These devastating car accidents are caused by a variety of factors. According to the website of the Sheboygan personal injury attorneys of Habush Habush & Rottier S.C. ® car accidents are commonly caused by driver error, speeding, reckless driving, mechanical defects, road hazards, and drunk driving. The website of the Portale Law Firm adds that many of these incidents significantly affect those that are largely out-powered by the vehicles on the road, such as pedestrians and cyclists.

A rollover accident is a particularly dangerous scenario. Typical to SUV and 4-wheel drives, vehicles that flip over or fall to the side due to imbalance can cause very serious injuries such as brain trauma and spinal cord damage. It is important to learn more about such incidents, and be mindful of the fact that certain factors can further aggravate the conditions which lead to such accidents. The website of the Mokaram Law Firm states that road defects and blockages can cause SUV drivers to swerve or make abrupt turns, disrupting the balance of the vehicle.

Car accidents are easily among the most traumatic events that an individual can face. The fact that it can happen at any moment while doing an activity that is so ingrained in most people’s routine makes the occurrence of such accidents even more alarming.

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