Posts made in January, 2015

Reducing Risks of Truck Accidents

Posted by on Jan 24, 2015 in Car Accidents, Trucks | 0 comments

The enormous size of an 18-wheeler truck or big rig definitely creates greater threats in the event of an accident. Compared to other vehicles, trucks also weigh more, thus requiring a longer stopping distance. But despite the risk these huge vehicles pose on the road, they cannot be disallowed to operate due to the major contribution they provide in the nation’s economy. Trucks transport goods that keep businesses alive; limiting their operation will, therefore, greatly affect the business operation of many firms.

Often, these goods need to be delivered to another county, a task that would require very long driving hours. It is, therefore, normal for many truck drivers to be behind the wheel for more than 10 hours a day, thus, the different governmental agencies make sure that, despite this long driving work requirement, drivers do not experience sleepiness and fatigue, and that the truck they drive are always in good condition.

The Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA) and, most especially, the Federal Motor Carrier Safety Administration (FMCSA), which is primarily responsible in ensuring the safe operation of commercial motor vehicles (CMV), work together in making US roads and highways safe from any accidents that would involve trucks. To attain the highest level of safety, these agencies have set and strictly enforce the following requirements:

  • A special training and a test (prepared by the FHWA) will have to be undergone and passed, respectively, by individuals before they can be issued a commercial driver’s license. These basic requirements are aimed at developing in truck drivers the required knowledge and skills in operating a truck safely
  • Strict observance of the “11 hours” maximum time of service. This means that truck drivers cannot drive for more than 11 hours straight. Drivers should also be given 10 consecutive off-duty hours after the completion of their daily duty
  • Trucking firms should keep a record that shows regular truck check and maintenance schedule
  • Drivers should thoroughly check and make sure that their vehicle’s braking system and tires are in good condition, as well as make sure that there are no air leaks in the truck’s brake chamber
  • Truck and truck parts manufacturers should make sure that everything they produce complies with the minimum standards enforced by the government.

To reduce the risk of truck accidents, the said agencies do not focus their attention to truck drivers and trucking companies only. They also constantly issue precautionary measures that drivers of smaller vehicles should observe, like:

  • Avoiding blind spots. Smaller vehicles should always drive past a truck on the driver’s side as the truck’s passenger side is the driver’s worst blind spot. Driving along the truck’s passenger side can prove too dangerous, especially when a truck is going to make a right turn.
  • Tailgating or driving too close behind a truck is also dangerous as the truck driver may make an emergency brake. Tailgating also eliminates not only the other driver’s view of the road ahead, but also his/her chance to have enough time to react to impending road hazards.
  • Observing care in intersections. To execute a turn, trucks need to use multiple lanes or swing wide – a road situation that all other drivers should know. Other drivers, as much as possible, should rather allow the truck to maneuver fully before passing, turning or entering the intersection.

In case of an accident, though, it will be a very wise decision not to delay contacting a personal injury lawyer for the possibility of a legal action that will allow the injured victim to seek and receive compensation for any injuries sustained.

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Criminal Defense: Talking About Assault and Battery

Posted by on Jan 22, 2015 in Criminal Law | 0 comments

One of the most common legal threats presented is that of ‘assault and battery’ or, simply, assault. There is a definite misunderstanding with the legal term because these are two separate legal implications in and of themselves; any one person can be charged with either assault or battery, sometimes both. Assault is the threat of violent action against another natural or juridical person, paired with the show of physical evidence that the person is capable of carrying this threat out. Battery involves actual physical violence against another party.

However, a Collin County defense attorney could argue many points in the defense of the accused. After all, ‘assault and battery’ can be considered a blanket terminology, which is to say that there could be several legal stipulations beneath the term that could come into play. There are also several points that could be argued in the defense of the accused. If, for example, the accused and the defendant had both given their consent for physical contact (e.g. if both parties are participants in some sort of athletic activity such as martial arts, basketball, or rugby), then the defense of consent could be played into court. There are more than just this defense available but it is not the responsibility of the accused to determine what defense against violent crimes is best used in the court of law; that decision is to be made by legal experts on board with the case.

There are many legal consequences that could come from even the accusation of ‘assault and battery’, much more a conviction in a court of law. Not only do charges of this nature usually come with fines, imprisonment sentence, or both; this can also affect the opportunities left available for the accused and the accused’s family for the rest of their lives for this will be on record and presents a negative stigma in today’s society.

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