One of the most common causes, if not the most common cause, of trucking accidents is sleep deprivation or drowsy driving. Truckers are under pressure to avoid traffic and make their deliveries on time. Truckers can also face financial pressures, which encourages them to make more deliveries with less rest in order to make more money.
It is no secret that larger vehicles, such as 80,000 pound big rigs, often lead to greater destruction and injury when involved in accidents. In an effort to reduce truck accidents and to keep the roads safer, the Federal Motor Carrier Safety Administration (FMCSA) has enacted regulations which trucking companies and truck drivers are to follow. Federal regulations require drivers of large trucks to keep logs of the hours worked, called hours of service, and breaks and rest periods taken, and places limits on the number of hours they can drive. The driver of a commercial truck is limited to working no longer than 14 hours and may drive for only 11 of those hours. Additionally, the driver must take a 10 hour break before driving again. Drivers may falsify their logs in order to cover more distance each day, which in turn leads to better pay. Some trucking companies turn a blind eye to this as it means greater profits for the trucking company.
Studies have shown that fatigue can potentially be as dangerous as drinking and driving. Without proper rest and a break from the constant action of driving, a person’s body can begin to shut down and cause various effects that make them no longer suitable to operate any vehicle, let alone a large truck. When a person drinks alcohol, they can begin to lose capabilities of judgment, reaction, perception and more. This is also true with sleep deprivation and these outcomes can be intensified when a driver is alone and staring at the road ahead. While driver fatigue is a cause for concern amongst all drivers, the long hours worked by truck drivers and their time spent on the road can put them at a particularly increased risk.
When involved in a truck accident, it is necessary to thoroughly inspect the driver’s log. Unfortunately, if the trucking company is not contacted soon after the crash, the logs and records may be lost, destroyed or misplaced. This is it why it is so important for victims to move quickly and seek help. Seek an experienced attorney who is familiar with the federal regulations and will act in your best interests to provide you with the compensation you deserve.
Brain injuries are not uncommon results of auto accidents. Brain injuries can occur as a result of forceful impact from a car accident which causes passengers to hit their heads on parts of the car such as the windshield or dashboard. Flying objects from a crash might also come into contact with a passengers head and cause a brain injury. Everyone responds differently to such injuries and the severity of the injury varies from each individual.
Those who suffer from mild traumatic brain injuries may experience confusion, dizziness, trouble concentrating, headaches, fatigue, blurred vision and fatigue. They may even have slight mood changes. Moderate to severe cases of traumatic brain injuries can cause nausea, vomiting, seizures, muscle weakness, sensory deficiencies, tingling in the arms and legs, severe headaches and loss of coordination. While moderate to severe cases of traumatic brain injuries are easier for a physician to diagnose through CT scans and MRI’s, mild cases are not. A study published in Neurology found that even mild traumatic brain injuries can cause serious cognitive disabilities in people affected by brain trauma.
Just fewer than 140 people die every day from traumatic brain injuries and car accidents are the third leading cause of such injuries in the U.S. according to the Centers for Disease Control and Prevention. They are also the second leading cause of traumatic brain injury deaths. Luckily customized treatment plans are available which can include occupational, physical and speech therapy.
Those who have been diagnosed with a traumatic brain injury as a result of an auto accident should consider seeking legal advice from an experienced attorney. An attorney can be your guide through the legal process and help you obtain the compensation you deserve.
Many parents want to know the best way to leave a home to their children. Before you make a plan, you should first be sure that your children actually want the property. We have seen too many parents take on unnecessary financial hardship in order to keep a home as an inheritance their children do not truly want.
That said, here are some of the most common ways to leave your home to your kids:
Will. You can leave real estate to anyone in your will. Once the will has been probated, your children will receive title to the property.
How do you want to die? Do you want lifesaving treatments to be administered even if all brain activity has ceased? Is your family aware of your wishes? And perhaps the more important question, is your doctor aware of your wishes?
Included in a complete estate plan is a living will (or Advance Health Care Directive) nominating a health care agent and stating your wishes for end of life decisions and treatment. This document is clear and comprehensive, yet many times healthcare professionals still have a difficult time withholding life-saving treatments, even if administering them goes expressly against a patient’s clear wishes to the contrary.
Every single adult needs to have an advance health care directive written, signed and in place. This includes your children, as soon as they turn 18. This includes you. This includes your parents.
Without an advance health care directive in place, you would not be able to access your child’s medical records, if they are unable to communicate permission. You would not be able to ensure your health care decisions will be made the way you choose. And your parents lose the ability to communicate their wishes and remain in control as long as possible.
Three-time New York City Mayor Ed Koch died on Feb. 1, leaving an estate estimated between $10-$11 million. And it’s a good thing that “Hizzoner” loved governing, because one-quarter of his estate will be going to the state and federal governments.
During his tenure as Mayor, Koch was famous for asking people on the street, “How’m I doin’?” He would have been better served to ask that same question to a Personal Family Lawyer® before he passed on.
Many parents perceive a conflict between funding a child’s college education and building their own retirement nest egg. The conflict usually arises from the lack of financial resources to do both while funding daily living expenses, so parents become stuck between priorities and usually wind up doing nothing at all.
One of the things a Personal Family Lawyer® can help you do is sort out your priorities in a way that supports your family for the long-term. With that in mind, here are some guidelines on striking a balance between saving for your retirement and your child’s education:
The Risks of Poorman’s Estate Planning: How to Pass on Property & Avoid Probate the Right Way
They call it the “poor man’s estate planning.” Put your child on the title to your deed and avoid probate. Yet this “poor man’s” planning often ends up, well, poorly; and costing a lot more for the people you love. Here’s why and what you can do about it:
In the process of becoming new parents, many couples become experts at planning – scheduling the birthing classes, planning the new nursery, even picking out a preschool. There is so much to think about before you welcome your new child.
Unfortunately, one of the most important things you can do to protect your child is often overlooked: an estate plan. Here are five important considerations you need to discuss with your Personal Family Lawyer® when setting up an estate plan once your new baby is born:
What We Can Learn From Downton Abbey About Estate Planning
Downton Abbey – the PBS drama about the fortunes and misfortunes of an aristocratic British family in the early 20th century that has taken American audiences by storm – gets most of its gripping plot twists as the result of a number of bad estate planning moves. For example (Spoiler Alert: these include references to Season 3 that recently concluded):
Protect your inheritance. The Earl of Grantham inherits Downton Abbey and marries a rich American to keep the estate solvent. However, he squanders the family fortune on an unwise overseas investment that goes belly up. The family turns to Lady Grantham’s rich American mother, but she is unable to help since her fortune is tied up in a trust.