Truck Drivers and Accidents

To ensure road safety, everybody on the road should make the effort in staying diligent. This includes car drivers, motorcyclists, bicyclists, and even pedestrians. But it can be argued that one kind of motorist should make greater effort – truck drivers.

As the operators of heavy and huge vehicles, they should take extra care in not getting involved in an accident, because if they do, it may be more devastating, compared to when a mere bicyclist gets involved.

Also, according to the website of Habush Habush & Rottier S.C. ®, those who have been hurt in accidents that are not their fault, like truck accidents, may take legal action against the responsible party. This may be a good way to prevent truck accidents. But is it enough to completely avoid them?

Truck Drivers and Own Recklessness

Truck drivers themselves know how dangerous their vehicles can be on the road, but some just can’t stop doing negligent and reckless behaviors that may put not just them at risk of accidents, but also the others around them. Below are just some of these behaviors:

  • Driving while fatigued or sleepy
  • Driving while under the influence of alcohol or drugs
  • Not considering no-zones
  • Not using turn signals during turning maneuvers
  • Speeding

Truck Drivers and Trucking Company Negligence

But truck drivers are not always the main guys to blame when truck accidents occur, and that is why investigations are important.

The trucking company can be the one who has been ultimately negligent, leading to the accident. This negligence can come in various forms, such as the following:

  • Hiring Process – Not using intensive background checks to see applicants’ driving history, or intentionally hiring applicants who have driving offenses under their names
  • Abusive Work – Enforcing unrealistic workloads and workhours for truck drivers, forcing the truck drivers to utilize negligent or reckless tactics just to achieve goals
  • Unsafe Practices – Negligent trucking practices that may compromise safety, like failure to maintain trucks, inspect trucks before use, and overloading of trailers

The website of Ausband & Dumont mentions that negligent trucking companies may be held liable. In other words, when a truck accident occurs, don’t automatically blame the truck driver, because the problem may be bigger than you think.

Hip Implant Recalls and Financial Risk

Chronic hip pain, osteoporosis, joint damage and other conditions can contribute to a loss of mobility and significant daily impairment. Given the seriousness of such conditions, many people opt for a hip replacement or implant to improve their mobility and raise their overall quality of life. The decision to undergo this type of surgery may seem like an obvious decision for those that suffer from these conditions, but the associated costs of surgery, hospitalization, and physical therapy  complicate that decision for low-income, often elderly patients with limited resources.

Consequently, those that choose to undergo such surgeries put themselves at a high financial risk. With such an investment, patients that opt for surgeries expect their new hips to work properly and improve their daily functioning. Unfortunately, in recent years  there have been hip implant recalls from several major companies, forcing many patients to have to endure more surgeries, pain, and take on a greater financial burden. According to Russo, Russo, & Slania, P.C., defective hip implants can contribute to other medical complications such as tissue death, nerve damage, and damage to surrounding bones, with may incur more costs.

If you or a loved one has been experiencing consistent pain or discomfort after a hip replacement, contact your doctor and check the FDA U.S. Food and Drug Administration website to view a full list of recalled medical devices. Not all recalls are very publicized and not all recalled devices require removal, so it is important to do your research on your specific implanted device for possible complications. Any new medical bills sustained as a result to a product defect should not be paid by the patient. If you feel you are being unfairly charged as the result of a product defect, try to correct the issue with your doctor first and take legal action if necessary to ensure the manufacturer sustains anymore financial burden as the result of their faulty product.

Addressing Nursing Home Abuse Among The Elderly

One of the toughest decisions that any family can make is sending their elderly loved one to a nursing home facility. As much as possible, senior citizens would want to spend their remaining years with their family and loved ones. When they do decide to push through with sending the elderly to a facility, they assume that their relative will be given adequate care by the nursing home.

Figures from the 2010 census revealed that senior citizens now comprise 13% of US population or 40 million people. As the so-called “baby boomers” start to age, the number of elderly people will continue in the next 25 years. By 2040, the population will hit 80 million. Given their failing health and physical condition, the elderly are more prone to abuse and neglect from these facilities.

Addressing the problem of nursing home abuse can be quite difficult. Although physical abuse can be easily detected, such is not the case for other abuses. Charleston personal injury lawyers will tell you that abuse or neglect can result to physical or emotional trauma on the part of the elderly. The challenge lies in the fact that other abuses such as mental, verbal, and sexual cannot be easily detected. Aside from that, most of the patients do not report the abuse because they are worries that they will be abused even more or they will be punished by the staff.

If abuse was successfully proven by the plaintiff, the nursing home can face huge financial liabilities. The facility itself can avoid paying penalties by putting in place preventive measures. The management of the facility must make sure that they have policies and procedures prohibiting abuse and neglect. Under the law, caregivers must immediately report any incidence of neglect or abuse of a resident.

Types of Product Liability Claims

Before selling their product in the market, manufacturers have the responsibility to make sure that such is adequately tested for safety. Sadly, this has not been happening. While there are some products that had been thoroughly tested and safe, there are still other unsafe products that are able to enter the market putting the safety of consumers in peril. A recent report by the Consumer Product Safety Commission revealed around 250 product recalls in 2016 alone. The recalled products put the safety of consumers at risk.

According to the website of Zavodnick, Zavodnick & Lasky, there are different kinds of products that can lead to injuries. While the range of product liability claims are broad, most of them are divided into three categories namely 1) defective manufacture, 2) defective design, 3) failure to provide adequate warnings. In order to be successful with a defective products claim, you need to prove that the product was not only defective but also caused your injury.

Manufacturing Defect

Manufacturing defects is the result of errors in making the product. In order to get compensated from your claim, you need to prove that the manufacturing defect resulted to your injury. So if you got injured while riding a mope that has a missing brake pad, you need to show that your injuries was due to the missing brake pad and not because of your poor steering.

Defective Design

The second type of liability claim revolves around showing that an entire line of the product is inherently dangerous. Like manufacturing defects, you have to prove that your injury was due to the defective design. Examples of design flaws may include a particular model of car that tends to flip over while turning a corner or a kind of sunglasses that does not protect the eyes from ultraviolet rays.

Failure to Provide Adequate Warnings or Instructions

The third kind of product liability focuses on a manufacturer’s failure to sufficiently warn consumers about the proper use of a product they are selling. These types of claims involve a product that is dangerous in some ways that is not obvious to the user or requires a special procedure or diligence when using it.

Some Types of Disabling Conditions the Social Security Administration Considers Eligible for Disability Benefits

The Social Security Administration (SSA), through its two large programs, provides financial benefits to America’s working group (whose jobs are covered by Social Security) and to certain individuals determined eligible by the SSA.

These financial benefits may take the form of any of the following:

  • Disability benefits – paid to employees who sustain total permanent disability, whether the injury or illness, which caused this disability, was work-related;
  • Retirement benefits – paid to employees who have retired from work (65 years old and above);
  • Benefits for spouses and/or other survivors of a family member who has passed – paid to widows and widowers (or divorced widows and widowers) and unmarried children under 18 years old (or up to 19 if child is attending full time an elementary or secondary school; and,
  • Supplemental Security Income (SSI)

The first three are paid to Social Security members through the Social Security Disability Insurance (SSDI). Social Security members refer to employees who have earned SSA’s required number of credits via their monthly payment of SS taxes. Payment to these taxes are automatically deducted in employees’ monthly take home pay; this is entered in their payslip under the heading “FICA,” which stands for Federal Insurance Contributions Act.

The fourth (in the list above) is paid through the Supplemental Security Income (SSI) program. The recipients of SSI cash benefits include:

  • Disabled adults and disabled children (below 18 years old) who have limited income and resources; and,
  • People 65 years old or older who do not have any disability, but who meet the financial limits set under the federal benefit rate (FBR).

Employees or non-employees who wish to apply for cash benefits due to disability should understand that SSA approves only applications of those who have total permanent disability. Under SSA definition, a total permanent disability is a severe condition that:

  • Has lasted for about a year or is expected to last for at least a year;
  • Has resulted in the inability to perform any substantial gainful activity (in the case of disabled adults) or has resulted in severe functional limitations (in the case of children); and,
  • Can be expected to result in the disabled person’s death.

The SSA has prepared a list of disabilities which would make a person eligible for cash benefits if his/her condition would be found in the list. According to the Hankey Law Office, some types of disabling conditions that are found eligible for cash benefits under either the SSDI or SSI, include:

  • Cardiovascular system disorders
  • Digestive system disorders
  • Endocrine system disorders
  • Genitourinary impairments
  • Hematological disorders
  • Immune system disorders
  • Impairments that affect multiple body systems
  • Malignant neoplastic disease
  • Mental disorders
  • Musculoskeletal system disorders
  • Neurological disorders
  • Skin disorders
  • Special senses and speech disorders

People suffering from short-term disability will not be eligible to receive disability benefits from SS. However, for those whose disability is included in list above or in the list prepared by the SSA, or even those suffering from multiple health problems which render them incapable of performing any substantial gainful activity, it may be to their benefit if they would immediately seek the assistance of a highly-competent Social Security disability lawyer in their SS disability benefits application.

Choosing Your Assisted Living Facility

Choosing to have your senior loved one live in an assisted living facility can be difficult and heart-breaking, especially if you have formed a very strong bond together. However, with the demands of health care, living in an assisted living facility may be the best and only way to ensure that your senior loved one is well looked after and taken care of. If you and your senior loved one have made up a decision of moving them into an assisted living facility, here are some pointers to help you determine which one to move them into.

This first thing you should look into is the facility. After visiting the place, check to see if it is clean and well-organized. The facility should provide you with a “homey” feel, and should be able to provide you with safety and security that you would be comfortably call your home. Furthermore, see if the food they provide is healthy and appealing to your senior loved one. Next thing to take note on is the staff manning the facility. It is vital that you know are and comfortable with the staff working in the facility because they will be the people who will be interacting with your senior loved one everyday should they move in. Check if the staff are welcoming, friendly and professional regarding their job, and if their schedules coincide with your senior loved one to ensure that their needs are properly met.

Lastly, also consider the residents of the assisted facility. According to, many issues can come forth if the residents are not treated well and are not happy in the facility. Make sure that the environment that the residents provide is also friendly and that they get along really well. Look at whether the residents are enjoying themselves and that the activities and recreations that the assisted living facility provides are pleasing and engaging to the residents and your loved one.

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