Legall Bug
Being a commercial truck driver is one of the most difficult and dangerous jobs in the United States. Such drivers work long hours under physically and mentally demanding conditions. To ensure drivers get sufficient rest to allow them to perform their duties safely, the Federal Motor Carrier Safety Administration (FMCSA) regulates the hours truckers may work.
If you or a loved one has been involved in a trucking accident, it may be worth your while to consult an experienced San Francisco trucking accident lawyer to determine if any of these rules were violated. If so, this may help you prove negligence on the part of the trucker or related parties.
Daily limits
The FMCSA mandates daily and weekly limits on the number of hours commercial truckers may work.
- Generally, truck drivers may work no more than 14 consecutive hours in a day.
- Of these 14 hours, only 11 may be devoted to driving.
- The remaining hours may be devoted to paperwork or tasks such as loading and unloading.
- Once these limits are reached, drivers must spend at least 10 consecutive hours off-duty.
Weekly limits
FMCSA regulations prohibit truck drivers from driving after being on-duty:
- 60 hours over seven consecutive days
- 70 hours over eight consecutive days
This 60- or 70-hour clock only restarts when a driver takes at least 34 consecutive hours off duty.
Why these rules exist
These FMCSA regulations prevent truckers from becoming too fatigued to drive safely. To help enforce these rules, drivers must log their status throughout the day as:
- Off-duty
- Sleeper berth
- On-duty, not driving
- Driving
However, trucking companies often pay drivers by the mile. This tempts some drivers to break the rules. In 2004, the FMCSA proposed a rule asking drivers to maintain supporting documents to verify the entries in their logbooks. However, this rule was shot down by the trucking industry, and never went into effect. Trucking accident attorneys deal with countless cases every year involving fatigued truckers and the tragic results of their dulled faculties.
If you or a loved one are involved in a Bay Area trucking accident and suspect the driver involved ignored these FMCSA standards, retain an experienced San Francisco trucking accident law firm. Bay Area attorneys at such firms can help you determine if federal safety regulations were violated in your case, and how to prove this negligence in a court of law.
Trucking accident lawyers
Serving clients throughout California, The Cartwright Law Firm has been in existence for over 50 years in downtown San Francisco. In that time, we have recovered tens of millions of dollars for individuals and families struggling to pick up the pieces and start life over again after a serious injury. For more information regarding our practice, contact the San Francisco trucking accident and personal injury attorneys at The Cartwright Law Firm today.
If you suffer a personal injury in Brooklyn or the Bronx due to an accident, one of the first things you should do after seeking medical treatment is to send notice to anybody who could be at fault in the accident.
However, it is not your job to determine who, exactly, was responsible. That is the job of a Bronx or Brooklyn personal injury attorney. Your responsibility is to think of who might be at fault and notify them of the accident, your injuries, and your intention to file a claim.
Assessing responsibility in a Bronx or Brooklyn personal injury
There are a number of potential defendants in most Brooklyn or Bronx personal injury cases. Depending on the type of accident, some are easy to assess and some are not. For example, if you are involved in a car accident you should send notice to all of the drivers involved, the vehicle owners, the driver’s employer—if it is a company vehicle—as well as your own insurance company.
But even in a car accident, however, there may be other people or companies who should be notified. This is especially true in other kinds of accidents, such as a workplace injury in the Bronx or Brooklyn, or a product liability case. That is why it is very important to contact a personal injury lawyer at the outset of the claims process. An attorney will let you know who should receive a claims notice.
Sending notification letters
After determining who might bear responsibility for the accident and your personal injury, you should then write letters to those parties. Do not wait too long to do this. Try to have the letters posted within a few weeks of the accident. Again, you should have contacted a Bronx or Brooklyn injury lawyer by now who can help you determine who needs to receive notice.
When writing the letters make sure you stick to the basic facts: that there was an accident and you were injured in it. Do not make claims of responsibility or negligence or even describe the severity of your Bronx injury or Brooklyn injury. The point of the letter is twofold: it allows possible defendants to notify their insurance company and, if a claim is filed against them later, ensures they cannot assert that the claim came without due notice. Ask for a written response as acknowledgement that they have received your notice.
Filed under: Lawyers | Tags: attorenys, attorney, injuries, injury, lawyer, lawyers
It would be impossible to list every injury you could possibly suffer. However, some lead people just like you to seek legal counsel every day.
- Wrongful death. Often pursued by loved ones of the deceased as compensation for the loss of his or her financial and/or emotional support.
- Burns. More than just an issue of pain and scarring, burns can carry lifetime physical consequences.
- Brain and spinal cord trauma. One of the most damaging types of injuries that can occur, often leading to major life changes for victims and their families.
- Amputation. Although science has come a long way with prosthetics, nothing can truly replace the body a person was born with.
- Child injuries. Some of the most heartbreaking cases involve the most innocent of victims: those who cannot always speak for themselves.
Other personal injury cases we handle include the following:
- Work-related injuries
- Motor vehicle accidents
- Medical malpractice
- Nursing home abuse and neglect
- Premises liability
- Product liability
- Sports-related injuries
- Animal mishaps
Any thoughts?
Filed under: Personal Injury | Tags: attorney, attorneys, injuries, lawyer, lawyers, personal injury
No one wants to lose what they have worked so hard to gain because of a injury. Good lawyers know how to minimize risk and protect their clients. Here are several critical errors you need to avoid:
- Waiting too long after the incident to seek medical attention. Do not assume you need to speak to a lawyer or even an insurance company before getting treatment. If you are in pain or discomfort, get professional medical help as soon as possible for your personal injury.
- Not having an experienced injury attorney or not seeking one soon enough. Not all attorneys are created equal. Make sure yours has the experience and expertise needed to handle your particular type of case.
- Speaking to your opponent’s attorney or striking a deal with him or her before hearing what your own injury lawyer has to say.
- Withholding or misrepresenting facts when speaking with your own personal injury law firm. It is never a good idea to mislead your lawyer. Laying out the facts as plainly as possible helps your personal injury attorney decide the best course of action for your case. Even facts you may assume are irrelevant may be useful, so do not be afraid to share those as well.
Filed under: Personal Injury | Tags: attorney, attorneys, injuries, law suit, law suits, lawsuit, lawsuits, lawyer, lawyers, personal injury
Personal injury lawsuits are complex legal issues, many myths, urban legends, and popular misconceptions have cropped up surrounding them. Sometimes lies and half-truths lead people who do not have viable claims to file personal injury lawsuits, or lead those who do have viable claims not to file a injury lawsuit. This page describes a handful of such misconceptions that are commonly held.
I am guaranteed compensation
Just because you hire an attorney and file a personal injury lawsuit does not mean you will automatically receive a settlement or judgment in your favor. All personal injury cases are judged based on their individual merits. Your attorney should be up front with you regarding the chances of your lawsuit succeeding.
I am in for a lengthy court battle
Many personal injury cases never even turn into lawsuits. Most are settled amicably by all parties involved without ever seeing the inside of a courtroom.
I have to settle my injury lawsuit before I can receive medical treatment
Personal injury laws allow victims of accidents to seek timely and appropriate medical treatment. Even if you plan to file a lawsuit regarding your accident, you should not wait to seek treatment. In fact, the documents produced by the doctors and medical professionals who treat you will probably prove to be essential to any legal action regarding the incident.
I can settle a personal injury lawsuit without an attorney
The law does not require you to retain a personal injury lawyer, but legal advice is always preferable to going it alone. An experienced personal injury attorney can:
- Advise you of the chances of wining your case
- Ensure that all legal filings and deadlines are met
- Explain the laws and processes surrounding your case
- Negotiate with the attorneys representing the other parties involved in your case
- Handle your case in a timely manner
Furthermore, most personal injury attorneys work on a contingency basis, meaning they receive no pay unless you win compensation for your injuries.
Filed under: AOP, Personal Injury | Tags: attorney, attorneys, injuries, injury, lawyer, lawyers, personal injury
Finding the Right Attorney
Finding the right injury attorney can be difficult. Where do you start? What qualities should you be looking for? Here are a few questions to ask yourself when seeking a personal injury attorney:
- How much experience does my attorney have? In what area or type of injury?
- Has he or she handled cases like mine before? What was the outcome?
- Does this personal injury lawyer offer free initial consultations?
- How much do they charge? Is their fee dependant upon winning your case?
- Can I communicate with the attorney easily, in person or by other means? Can he or she clearly explain the issues?
- Do these personal injury attorneys usually settle cases in or out of court?
- Are they willing to go to trial to seek a fair personal injury settlement?
- How long, from beginning to end, is the typical litigation process they handle?
- How can I be sure the settlement I receive is fair and just? What can I do if I disagree?
Filed under: Birth Injuries | Tags: birth injury, injuries, law, medical malpractice
Some of the most tragic injuries that occur in people’s lives can happen within minutes of birth. These injuries, whether physical, mental, or both, can unfortunately last a lifetime. One of these conditions is cerebral palsy.
This is caused when the cerebrum is damaged, the area of the brain which controls motor skills, higher mental functions, sensations and higher functions. Cerebral palsy is often diagnosed immediately after birth. Symptoms may include spastic muscles or abnormally weak muscles, blindness or deafness, seizures, uncontrolled or spastic muscle movements and other issues.
There is no single definitive cause of cerebral palsy. However, it can result from brain damage caused by lack of oxygen in utero or during birth. Cerebral palsy is often associated with both hypoxic ischemic encephalopathy (HIE) and anoxic encephalopathy. Symptoms of oxygen deprivation in a newborn include low APGAR scores, low pH laboratory values, acidosis, seizures and other symptoms.
Doctors can be responsible for causing birth injuries. Whether they are directly or indirectly the cause doesn’t really matter. With the right training and medical technology, risk factors that occur in the birth process can be reduced.
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