Driver Fatigue: A Major Cause of Truck Accidents

Posted by on Mar 25, 2017 in Car Accidents | 0 comments

A woman in a family van with her mother, 3-year old and 15-month old sons, was caught in traffic congestion on Interstate 80 on August 1, 2006. Unknown to the woman driver was a fast approaching three-axle Intercontinental 9400 semi-trailer behind them. The semi-trailer failed to stop on time; it rear-ended the van, crushed and slammed it into the flat-bed truck in front of it and caused it to be engulfed in fire. The accident killed everyone on the scene: the semi-trailer driver and all minivan occupants.

Investigations showed that, months prior to the accident, the semi-trailer driver has had three prior rear-end accidents and had been given seven warnings by his company’s safety manager. All these, according to experts, manifest a red flag for unsafe driving; the driver should never have been allowed to be on the road.”

There are more than 15 million trucks operating in the U.S.; about 2 million of these are semi-trucks, also called tractor-trailers, big rigs. Due to these too many trucks travelling in inter-state on American roads plus their huge sizes, fatal truck accidents are all too common, but only because of trucking companies that do not properly screen for problem drivers and drivers who are overly tired or sleepy (fatigue is actually the resurfacing major cause of truck crashes anywhere in the U.S.).

Fatal truck accidents claim about 11 lives every single day or close to 4,000 people each year, according to the Federal Motor Carrier Safety Administration (FMCSA). But because truck drivers are usually paid by the mile and are never given overtime pay, many of them push themselves to the limit, driving despite very little sleep, some without any sleep at all. This has resulted to many drivers dozing off while behind the wheel and while running at the speed of 60 – 65 mph. As a result, many trucks ram into smaller vehicles and seriously injure, if not kill, their passengers.

There are different types of truck accidents, but with legal representation from a dedicated and seasoned personal injury or truck accident lawyer, you may be able to pursue compensation for the unnecessary pain and suffering you have been forced to endure. This website, www.evansmoorelaw.com, may be able to provide you with more helpful information about the best legal pursuit you can pursue in seeking the compensation that you legally deserve.

Read More

Know More about What to Expect Regarding Alimony or Spousal Support if Considering Divorce

Posted by on Mar 23, 2017 in Divorce Law | 0 comments

Marriage is supposed to be a life-long union and expression of commitment between a man and a woman and these are what many, who enter into marriage, believe. These are the very factors that give sense to the phrase, “til death do us part.”

Sadly, not all marriages turn out to be beds of roses as some couples eventually lose the affection or end up having interests that slowly carry them away from their spouse and family. To be able to move forward and pursue the happiness they seek, some file a case of divorce, ending completely their union.

Now, many or those who marry give up their profession or career to be able to take full care of family matters (this practice is common among women in support of their husband). In the event of divorce, however, those who have sacrificed education or professional growth usually find it hard to keep up with the present business trend or even find an employment that will allow them to enjoy the standard of living which they enjoyed prior to divorce. Thus, the court awards these individuals alimony or spousal support, which the financially-capable spouse will have to pay to them monthly or lump sum – so long as both are alive or until a major change in the circumstances of each (such as loss of job of payor or re-marriage).

Alimony is a court-ordered payment which a spouse will have to make to his/her partner after they divorce. This centuries-old practice is somehow rooted from the idea that upon marriage, a woman would remain dependent on her husband until death. Thus, through alimony, financial support is provided for whoever, though usually the wife, was financially-dependent during marriage. Despite differences on alimony laws between states, means or types of payment are generally the same:

  • Lump sum. This is a single, complete payment of alimony. The amount is equal to the total amount of future payments, which may include property division.
  • Permanent alimony. This is a continuous, regular payment without a fixed end date; it goes on so long as the recipient has not died or remarried and as long as the payor is alive. Permanent alimony is actually intended to enable the recipient spouse to maintain his/her standard of living that he/she enjoyed during the marriage.
  • Temporary or rehabilitative alimony. This financial support payed to whoever between the spouses has a lesser earning; this support, however, ends when the recipient lands a job or becomes self-sufficient.

In 2012, some states have begun to reconsider their laws on permanent alimony. This is due to the fact that there are those who have been making this type payment for decades despite a very short marriage, while on the part of the recipient, many have lived with new partners, but never re-married, in order to enjoy receipt of support.

Other reasons for the reconsideration include the harm which payment of permanent alimony has made on the financial situation of some of the payee, the equal opportunity the payee has to education, training and chance to find a high-paying job, and the opportunity of the payee to earn even more than the payor.

As explained in the website of the law firm BB Attorney, “Alimony payments are designed to help spouses adjust to their changing financial situations during and sometimes after divorce. Although these payments can be permanent, most of the time they are only temporary. Temporary alimony is alimony that is only paid during the divorce proceedings and sometimes for a short time thereafter, allowing the receiving spouse to get used to a new level of income. In most cases, temporary alimony payments cease after a period of time in which the court believes the receiving spouse should have located a new source of income or financial support.

Temporary alimony payments can be used for a variety of purposes, but in general, they help provide for the financially dependent spouse while he or she finds a job and adjusts to his or her new income level. Alimony payments can be used for the following:

  • Basic living expenses
  • Vehicle payments
  • Medical and educational costs
  • Divorce fees

Divorce can mark a number of changes to a person’s living situation, and alimony payments help provide financial stability during this transitional period. Thus, it is important that a temporary alimony agreement is as fair as possible for both the receiving and the paying spouses.”

With assistance from an experienced alimony lawyer, you may be able to know and understand better whether you will be paying spousal support or receiving alimony, so do not hesitate to get in touch with an experienced alimony lawyer even before you decide to file for divorce.

Read More

A Youth who has been Charged with a Juvenile Crime does not Mean He/She will be a Thug for the Rest of His/Her Life

Posted by on Mar 22, 2017 in Criminal Law | 0 comments

According to the U.S. Census Bureau, there were about 73.8 million youths (below 18 years old) in the U.S. in 2012. This was more than a fourth of America’s total population then. More than half the number of youths, however, was discovered to have already suffered abuses in the home, community or school, or have already been exposed to crimes and violence. Almost half the number has also suffered injuries due to physical assaults.

Records from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) also show that many of these youths have already been involved in criminal activities, including drinking, carrying or possession of a deadly weapon, driving while intoxicated, robbery, murder, aggravated assault, rape and other sex offenses, arson, vandalism, gambling, drug abuse, disorderly conduct, vagrancy and so forth.

In 2011 about 1.5 million arrests were made on persons under the age of 18. Experts and authorities believe, however, that the rise in the number of arrests does not necessarily mean an increase in the number of crimes, but in the zealous of authorities who have just been more serious in arresting young law violators. These arrests were made to thwart any possibility of anyone becoming a repeat offender because repeat offenders usually end up as regular criminals. Arrested youths, as well as everyone else in the age bracket, are also being made to understand that being convicted of a crime no longer just means fines and citations – their arrest records will also definitely damage their future professional life.

Criminal acts are always serious, whether committed by a youth or an adult. Making youths understand the full consequences of their acts and giving them the supervision that they really want may be ways that can bring them back to the right path; all that may be required are the right person and the right strategy.

According to the law firm Alexander & Associates, in their youth, most people do at least a few things that they later come to regret; it is the goal of juvenile crimes lawyers to help limit the potential consequences of such actions. As the consequences of a juvenile crime conviction may have long-lasting or even permanent effect on a variety of different facets of a person’s life, lawyers, therefore, believe in fighting the charges aggressively.

A youth who has been charged with a juvenile crime does not mean he/she will be a thug for the rest of his/her life. To help ensure this, though, seeking legal assistance from a seasoned juvenile crimes lawyer, who may be able to save the charged youth from getting convicted, may be the first necessary move.

Read More

Revealing The Impact of Distracted Driving In The Body

Posted by on Dec 6, 2016 in Distracted Driving | 0 comments

A new study reveals the effects of distracted driving have on the human body. It is common knowledge that distractions such as text messaging or taking calls. Research by the Foundation for Traffic Safety reveals that 16% of all fatal crashes were due to distractions and that latency lasts an average of 27 seconds. Unfortunately, distracted driving has also led to the injury or death of the other driver.

A new study by the Transportation Institute revealed that doing two things at the same time while on the road can lead to stress on the part of the driver. This is the reason for the dip in driving performance. According to Robert Wunderlich of the Texas A & M Transportation Institute, when people take their eyes off the road, their performance deteriorates. Rhode Island personal injury lawyers will tell you that these distractions cause drives to lose focus on the road.

The new study also revealed that texting is not the only distraction that can cause stress on the part of the driver. When we drive while upset, the tendency is for the driver to mismanage their speed, ignore speed limit, or even cross the white line, the study concluded. Such behavior can lead not only the driver but also pedestrians and other drivers to get hurt in an accident.

Working with the University of Houston and the University of Michigan, the aim of the Texas A & M study is to help motorists become better drivers. The researchers used a driving simulator to gather data on what really transpires when drivers are not focused on the road. The study will next focus on drivers in real-life situations and their behavior in traffic. For Wunderlich, they wanted to use technology to actually tell themselves that such devices is actually dangerous especially in driving.

Read More

The Effects of a Criminal Charge on a Divorce Proceeding

Posted by on Dec 5, 2016 in Divorce Law | 0 comments

Filing for divorce but with a criminal record? If you are on the brink of ending a marriage, the court will take into consideration several factors before granting your divorce request. One of the factors that the court will look into is the criminal record of the couple. Okaloosa County criminal defense attorney with the Flaherty Defense Firm will tell you that being criminally charged can have a huge impact when filing for divorce.

One of the crucial issues that will be decided in a divorce case is child custody. In cases like these, it is always the best interest of the child that will be prioritized. Having a criminal record can affect your desire to share custody of your child in a divorce case. However, there is always an exception to the rule and the court will treat each case as unique. When one of the parents has a criminal record, the court will look at the nature of the crime and how recent the crime was committed.

If you have committed a violence offense, sexual crimes, or convicted for drug crimes, you could have your visitation rights severely limited. In addition, you may be prohibited from seeing your child for a certain period of time. If you committed a violent crime against your spouse, the court may issue a temporary restraining order to prevent you from further hurting your spouse.

However, all is not lost when you have a criminal record and filing for a divorce. Once you have completed counseling or some form of therapy, you may be allowed to visit your child. You may be able to find specific parenting classes related to divorce cases involving minor children. You may be evaluated by an evaluator to check your capability for becoming a good parent.

When considering getting a divorce, having a criminal record will make the process more complicated and longer. As a result, you could end up paying more.

Read More