Truck Accidents due to Overfatigue

Posted by on May 31, 2013 in Automobiles | 1 comment

Even under the best of circumstances, the trucking industry has a tendency to overextend its resources to boost profits. In an economic crisis, truck drivers and their employers alike turn to increasing mileage in the shortest possible time in order to keep afloat. This can lead to a higher risk of truck accidents because of speeding and driver fatigue. Big rigs, or 18-wheelers, in particular are a menace to other motorists when drivers engage in risky behavior because of the sheer size and weight of the vehicles. Overfatigue has been identified as the leading cause of truck accidents on Wisconsin highways.

Because of the nature of the industry, the tendency is to sacrifice safety for productivity. Federal and state lawmakers attempted to curb this tendency, at least in terms of driver fatigue, by implementing regulations on the number of hours a commercial vehicle (CV) driver can legally put in, and how much rest is required.

However, both drivers and their employers routinely circumvent these regulations by falsifying log records on their rest and work hours. Inevitably, this will lead to catastrophic accidents that may well expose drivers and trucking companies to criminal charges as well as personal injury or wrongful death lawsuits.

But proving that there was negligence involved that led to driver over-fatigue is not at all easy unless an immediate investigation is carried out at the scene of an accident. This will ensure that evidence is preserved and that the circumstances of the incident are properly documented. Personal injury lawyers are especially adept at ensuring that the interests of victims of trucking accidents are protected. Contact a truck accident lawyer immediately if you or someone you know is ever involved in a truck accident where the driver was negligent. You need legal representation in your area in Wisconsin to ensure that you have a good case against those who caused you serious pain and suffering.

Read More

When Air Bags Go Wrong: Auto Defect Injuries

Posted by on May 29, 2013 in Automobiles | 1 comment

Cars today are chock full of improvements that Henry Ford probably never even imagined back in the day. Chief among these improvements are safety features such as airbags. And yet airbags are frequently the cause of product recalls because they have been found to be defective. A defective airbag can cause serious injury when it goes off prematurely, fails to deploy, or deploys with excessive force. This is ironic considering that it was designed to prevent injury, not cause them, leading to a personal injury or wrongful death claim.

This type of auto defect is a serious problem for both manufacturers (because of potential civil litigation) and motorists, and there is no real way to detect them until an accident happens. By then, it is usually too late.

The airbag is a cushion or envelop made of a synthetic fabric that is rapidly inflated using sodium azide, a compound that expands into nitrogen gas when it is ignited. The airbag unit is attached to an electrical circuit which is triggered by a sensor when conditions for its activation are met. The time it takes to activate and inflate an airbag is about 1/20th of a second.

In the US, the airbag sensors are configured to activate when a vehicle decelerates at a rate of 23 km/h or more. The sensor is also generally set to activate when a vehicle is on fire and reaches a temperature between 150 and 200 degrees centigrade to prevent the airbag unit from exploding.

Airbags are to be found in most vehicles today, and some cars have as many as four units in various areas. While its effectiveness as a safety feature is high, when an airbag is defective, it can have dire consequences, especially for young children. It seems prophetic that seven fatalities in the first vehicles in the US that were equipped with airbags were attributed to its presence. If you were injured due to a defective airbag, consult an auto defect lawyer to redress your personal injury. Recovering some damages would cushion the effects of serious injuries.

Read More

Protecting Against Insurance Bad Faith

Posted by on May 22, 2013 in Insurance | 2 comments

Smith Kendall PLLCCustomers pay insurance companies not just for the sense of security that carrying insurance provides, but also in the knowledge that in the event of a serious accident or other form of damage, they will be able to recover the costs that are incurred, preventing financial disaster. As a result, insurance customers have a right to expect that they will be treated fairly and with respect if it ever becomes necessary to file an insurance claim.

Unfortunately, the reality is that many insurance companies do not always operate in this way towards their clients. Depending on the nature of the specific form of insurance involved, many insurance customers eventually find that, when an accident or injury is involved, they may be denied the full amount of compensation they are owed, or their insurance company may engage in various other tactics that in some way disadvantage them during this difficult time.

Known as insurance bad faith, this practice is legally prohibited in the United States’ legal system. While instances of insurance bad faith in other countries may also be subject to legal action, those cases are limited to recovering whatever losses that the injured party may have incurred as a result of the insurance company’s actions. However, under U.S. law, instances of insurance bad faith may be subject to tort actions, rather than simply contract dispute judgments. This means that instances of insurance bad faith may actually allow the victims to recover more than the actual losses which they suffered, with the assistance of a skilled Dallas insurance lawyer.

However, it’s far better to protect against insurance bad faith than to litigate the issue after the fact. Many families who are struggling to recover from a serious injury, damage to property, or any other issue which may require filing an insurance claim do not have the time or resources necessary to pursue a costly court case against unscrupulous insurers, which can often go on over years or even decades.

The best way to protect against insurance bad faith before the fact is simply through scrupulous claims management. Insurers have an economic interest in denying claims for any possible reason, so when an individual files a claim for benefits from their insurer, it is essential that they make sure that every possible detail of that claim is correct to the best of their knowledge. Moreover, it is important to do as much research as possible into the correct management of a claim, in order to know what information will be necessary and how best to document it. For these issues, it may be helpful to consult with a claims management specialist, who can better inform you about what things your claim may require.

It’s also important to file your claim in a timely manner. Failure to file as soon as reasonably possible after an accident or injury occurs can cause insurance companies to view your claim with greater scrutiny and, potentially, may result in a higher likelihood of mismanagement on their part.

Read More

About Workers’ Comp

Posted by on May 17, 2013 in Workers Compensation | 4 comments

Accidents do happen, no matter how careful a person can be. And when they do, almost every employee worry about how they can cover for the cost of medications and loss of salary due to rehabilitation after the accident. Don’t worry, because the law states that each employee are covered by the workers compensation.

What is Workers Compensation?

Workers compensation, also called workers comp, is a type of insurance system set up by the state to protect the employees in cases of workplace injuries. It is required by law that employees are to participate in workers compensation, and when they do, the employees forfeit their option to sue their employee for workplace injuries.

Once a company has failed to carry the workers comp benefits, or otherwise follow a regulation of the state regarding these benefits, the company can be vulnerable to paying these compensations from their own pockets, or they can be subject to penalties imposed by the state.

What Are Important Things You Need to Know?

It is vital to file a claim for workers compensation immediately after you have been injured, regardless of whether it is a temporary or permanent injury. It is typically 30 days after the injury or illness began that the claim can be viewed as valid.

If you have questions about your compensation or benefits, or just any inquiries that you would like to clear up, you can contact the Workers’ Compensation Board of your state, or the Department of Labor or the Social Security Administration. They can also help you in filing a claim.

Try asking what your company’s insurance coverage can provide, and compute the benefits you will receive if you get injured in your job. If you think that what you will receive will not be enough to maintain your lifestyle, consider purchasing a personal disability insurance or a supplemental coverage. Don’t wait until you get injured on the job.

Read More

Botox

Posted by on May 15, 2013 in Cosmetic Surgery | 0 comments

When people say it is always better to age gracefully, many people believe that it involves maintaining a youthful appearance. Not everyone is comfortable when they see the signs of aging, such as wrinkles, age spots, crow’s feet, and other common issues. For this reason, Botox has become an increasingly popular cosmetic option for many people.

Botox is just one of the many names given to the neurotoxin botulinum toxin, produced by the bacterium Clostridium botulinum. It is used in both cosmetic and non-cosmetic medical procedures. For cosmetic procedures, they are mainly applied for wrinkles, lazy eye, glabellar lines (or severe brow furrows), and other facial creases. For non-cosmetic purposes, they are used to treat chronic pain, excessive sweating (or hyperhidrosis), neuropathy, and other health problems.

The way Botox works is by relaxing the contraction of the muscles through the blocking of nerve impulses. They also work by weakening or paralyzing particular muscles. When the muscles no longer contract, they can relax and soften. Once administered, the effects can last from three to six months. For cosmetic procedures, they are very easy to administer – the neurotoxin is injected using a very fine needle to avoid any discomfort, and they only take a few minutes. To minimize bruising, patients are advised to stop taking aspirin or anti-inflammatory drugs two weeks prior to the procedure, and to not use alcohol at least a week before the treatment.

There are also documented side effects from Botox, and these include headaches, symptoms of flu, nausea, blepharoptosis (drooping of eyelids), indigestion, and the usual temporary bruising. Doctors also found that men need higher doses of Botox as compared to women. Because of the temporary results of this procedure, many people have developed a dependence and addiction to it. It is best, therefore, to have experienced medical supervision when undergoing this procedure.

Read More