Actionable Law Blog

Long-haul truck drivers may encounter snow and ice in many states they travel across over the course of the winter. Penske warns truckers they need to be aware there are different rules for snow and ice removal across different states. Truckers from warmer-weather locations, in particular, need to be aware they may be getting new obligations as they enter states where snow and ice can form on their vehicles.

Understanding obligations when it comes to snow and ice removal is essential because an accumulation of snow or ice on a truck could contribute to the risk of truck accidents in Wichita.  Snow and ice could fly off a truck and could injure a pedestrian or could affect other motorists. In one cases, for example, ice falling off a truck resulted in a driver being injured when his windshield was broken. Falling snow and ice could impede visibility and cause a driver to lose control of his car.

Trucker Obligations to Remove Snow and Ice

The specific laws for snow and ice removal differ by state. Trucking Info indicates there is a new trend towards more states imposing requirements for removal. One example of pending legislation would give law enforcement the authority to issue citations even if the snow and ice did not actually fall off the truck. Just having an accumulation could lead to a trucker getting pulled over and fined anywhere from $25 to $75.  If the truck driver failed to fulfill an affirmative obligation imposed on him to remove snow and ice and an accident occurred causing serious bodily injury or death, the trucker would be fined anywhere from $200 to $1,000.

Laws imposing an affirmative obligation on truck drivers to remove snow and ice can increase the chances a trucker will be found liable when an accident happens because of snow falling off the truck.  The victim of the collision could argue the trucker was negligent and could point to the safety law requiring the trucker to remove snow and ice as proof. Failure to fulfill this safety obligation would create the presumption of negligence, so it would be easier for the victim to succeed in a civil claim for damages.

Read more…

Warner Law Offices
310 West Central Ave.
Suite 110
Wichita, KS 67202
Toll Free (866) 584-1032 - Local (316) 269-2500

Views – 2154

Share this:

As the San Diego Tribune recently reported, suicide rates are high among veterans who have served in combat since the attacks on 9/11/01. Unfortunately, research into veteran suicides reveals that both the VA and civilian health institutions are not doing enough to help when veterans appear to be giving up on treatment or experiencing despair. In some cases, veterans in inpatient care are

When someone is in a VA hospital or other treatment facility and there is a risk of death by suicide, steps need to be taken to ensure the person is properly monitored and an effective treatment plan is in place. When this does not happen and inpatient suicide occurs, the family members of the victim need to hold the institution and mental health professionals working at the institution accountable for their failures. This is especially true in situations where professionals who work with veterans regularly should be aware of signs of suicidal ideation and should ensure the proper healthcare is provided for patients who are receiving inpatient psychiatric care.

Veterans at Risk of Inpatient Suicide

According to the San Diego Tribune, one case which has spurred the VA to try to make some changes involved a 37-year-old Air Force Veteran who died by suicide at a local hospital within days of being released from a lockdown psychiatric hold. He had been released from lockdown even though he clearly was not yet ready for release, as he was still experiencing suicidal ideation. He was admitted to a drug rehabilitation program at the same hospital with the belief he would get further help in the rehab program. Unfortunately, he hanged himself in his room.

Read more…

The Law Offices of Skip Simpson
2591 Dallas Parkway, Suite 300
Frisco, TX, 75034

Phone: 214-618-8222
Fax: (214) 618-8242

Views – 2464

Share this:

According to Cullman Today, Interstate 65 was recently shut down because an 18-wheeler rolled over in a fiery crash. One Kentucky businessman commented to the news that the accident had left him stuck on the highway for so long to try to get to a meeting that he should have just gotten a hotel room. The operator of the truck was fortunately able to get out of the vehicle, which had flipped onto its side, before the flames engulfed the truck.

Tragically, many truck accidents in Louisville and throughout Kentucky do much more than just close down an interstate and inconvenience drivers. Rollover crashes, in particular, can be deadly. Truck drivers need to be aware of the fact their vehicles are more likely to roll over and must take precautions to prevent this type of crash from occurring.

Trucks are also prone to two other especially dangerous types of accidents: underride accidents and jackknife crashes. It is the responsibility of every truck driver to be aware of the elevated risk of these types of dangerous collisions and to take steps to try to prevent crashes from happening.

Three Dangerous Types of Truck Accidents

Underride accidents are one of the deadliest type of truck crash. An underride accident occurs in any situation where another car actually goes underneath a truck. There should be side and rear guards on trucks so other vehicles cannot slide underneath, but these guards don’t always get the job done. The Insurance Institute for Highway Safety indicates that there are more than 5,000 injuries and 423 fatalities annually in underride accidents. A large-scale study of the causes of 1,000 truck crashes found that underride had occurred in 78 percent of all collisions. In this study, there were 28 fatal truck accidents, 23 of which involved significant underride.

Read more…

Slechter Law Firm
2507 Bush Ridge Drive
Louisville, KY 40245

Views – 1127

Share this:

Workers on construction sites are frequently required to dig under the ground and are frequently required to use heavy machinery when remodeling or erecting a building. Unfortunately, whenever digging is occurring, there is a risk a gas line will be punctured.  Gas companies and municipalities are supposed to provide information on where gas lines are located. Unfortunately, sometimes maps and information are old or outdated or inaccurate or unavailable. This means there is always a serious risk of injuries occurring due to punctures or problems with the gas line.>

When a gas line is damaged, a fire can erupt and a worker could be badly burned or killed. Punctures to gas lines can also result in workers breathing in toxins which can make them sick. Victims or their families can pursue a Pennsylvania workers’ compensation claim for both injuries and illnesses which result from problems with gas lines encountered on-the-job.

Gas Line Risks a Big Problem for Philadelphia Workers

Issues with gas lines have become very common, especially in cities like Philadelphia where much of the infrastructure may be getting older. Philadelphia has some similarities to NY in terms of the risks of gas lines and just recently New York Post reported on workers who encountered a high pressure gas line when using a drilling rig.

According to the New York Post, there were 40 workers on the worksite when the drilling rig hit the high pressure gas line. The workers smelled the gas when the line was hit and were able to flee and escape the area.  It was fortunate they were able to get away quickly from the location where the line was hit because “a geyser of flame” erupted. The flame was fortunately contained in the drilling rig and only one worker sustained a minor injury at the scene.

Read more…

Law Offices Of Richard A. Jaffe, LLC
1500 John F. Kennedy Blvd. #1922
Philadelphia, PA 19102

Views – 1127

Share this: