Common Causes of Train Accidents

Jun 11

Trains are efficient modes of transportation. They are both comfortable and fast, which are the two most important factors in mobility. Because of these features, trains are the transportation of choice of many Americans. This also means that many Americans are at risk of train accidents.

The website of the Houston personal injury attorneys of Williams Kherkher mentions that those who have been injured in train accidents may have legal options, such as trying to get compensation and justice from the responsible parties, especially if these parties have been negligent or reckless.

Human Error

Some errors may be legitimate, so the train accident can be understandable. But there are instances where the errors have occurred because of some form of negligence or recklessness. Train accidents that occur because of these kinds of errors are unwarranted. Below are some of the most common unwarranted human errors involving train accidents:

  • Distracted crew
  • Failure to comply to safety procedures and rules
  • Failure to give appropriate orders to crew
  • Failure to properly secure or release brakes
  • Speeding

Mechanical and Road Defects

Sometimes, the crew encounters defects in and around the train. It may be their fault, like when they are not properly maintaining the train during operation, or it may be the fault of someone else, like when the jurisdiction responsible for the train track’s maintenance and construction has failed to do its job properly. Below are some of the most common defects the train crew may encounter:

  • Bolt hole problems, like cracks and fractures
  • Control defects, particularly in switches
  • Detaching or worn rails
  • Malfunctioning train lights and signals
  • Unprotected railroad crossings
  • Unnecessary obstructions on tracks

Pedestrian Negligence

The train crew is not always at fault, because there are times where negligent pedestrians are the ones who trigger train accidents. The most negligent pedestrians are those who are crossing tracks despite alarms and warnings, distracting themselves with mobile devices, and listening to music so loud that they don’t hear oncoming trains.

Read More

Distracted Driving: Still a Cause of Thousands of Injurious and Fatal Car Accidents

Oct 24

According to a website, called DISTRACTION.GOV: Official US Government Website for Distracted Driving, the average time that a person takes his/her eyes off the road while texting is five seconds; at 55 miles per hour, a person can also drive through a football field at this same length of time.

Texting and conversing with someone while driving, is considered the worst and most dangerous form of distracted driving, which is any form of activity that would turn a person’s attention away from driving. According to the National Safety Council, as many as 1.6 million car crashes, due to cell phone use while driving, occur on US roads and highways annually. Records from the Centers for Disease Control and Prevention (CDC), on the other hand, show of 1,153 injuries and 9 deaths every day due to the same cause. But while those guilty of the act of using a cell phone while driving include drivers of all ages, majority of them are found to be young drivers, aged between 18 and 20, who confessed to have been texting someone at the time of the crash.

Distracted driving, though, is not limited to cell phone use. There are a hundred other forms of distractions that take drivers’ eyes and attention off the road, most of these being typical behavior while behind the wheel, thus, they are often overlooked. These include eating and/or drinking, talking to a passenger, adjusting the car radio or an electronic gadget, reading a map, lighting a cigarette, grooming, reaching for something from the back seat, turning the radio to full volume, and so forth.

Yvonne M. Fraser explains in her website the right of those injured in an accident, giving emphasis on crashes that occur due to the negligent act of another driver, who is liable for the accident and the injuries sustained by the victim. Besides a lawsuit that will bring the at-fault driver to justice, Yvonne also mentions the right of victims to seek compensation for all the present and future damages the injuries will cause them.

Any form of distraction while driving puts others’ lives at risk; but what is really scary about this cause of road accident is that unlike drunk-driving, reckless driving and overspeeding – mistakes that not all drivers would commit, everyone, even the most careful drivers, can be guilty of distracted driving.

You would ever want to have your life be put at risk of an accident simply because a driver would allow himself/herself to be occupied with something else while behind the wheel. In like manner, no one would ever want to have his or her life be put at risk of an accident by you simply because you allow yourself to be occupied with something else while driving.

Read More

How to Lessen the Risk of Endometrial Cancer

Jun 11

There many factors as to why a person can get cancer but, more often enough, there is no stopping insidious cancer from developing, especially if you are high at risk. There are some ways, fortunately enough, to reduce the risk of getting certain types of cancer.

For example, endometrial cancer is a cancer that starts in the inner lining of a woman’s uterus (also known as her womb). The womb is a relatively small part of a female body that is about the size of a pear. It is hollow in nature as it is meant to be where a fetus will develop upon impregnation. A woman’s period of ovulation or during her menstrual cycle, her hormones rapidly change and affect the endometrium – the inner lining of the womb.

If the cancer starts within the endometrium, the procedures required for cancerous tumors as well as general cancer treatment are numerous and stressful in nature. There are numerous factors to can directly affect the risk a woman has of getting this kind of cancer such as her age, diabetes, her regular diet and exercise plan, personal history of cancer or cancer within the family, or even the presence of an intrauterine device from a previous procedure.

There has been sufficient evidence that states that the use of a morcellator, specifically of the kind developed by Johnson & Johnson, has been directly linked to having caused endometrial cancer. Three morcellators from the aforementioned manufacturer – Morellex Sigma, Gynecare Morellex, and Gynecare X-Tract – were recalled by the company after enough evidence was presented of the possibly malignant effects it has on its patients.

Cancer is never something that is easy to deal with and it is extremely unfortunate when it happens as a result of something that should have helped. If you or someone you know has developed endometrial cancer due to a morcellator, it is recommended that legal help and representation are sought immediately.

Read More

Workers Compensation Factors to Aid Disabling Injuries

Mar 06

When injured on a work place due to a lack of management or oversight, it is not your fault. If your injury is disabling, whether temporary or permanent, workers compensation can help pay the bills and provide until preventing injuries have healed. However, when companies underpay injured workers, problems can arise.

Debilitating injuries often occur on a construction work site. The website of law firm Wilson & McQueen, PLLC explains how slip and falls and other construction accidents occur often, and the outcomes can drastically range in severity. They can be as minor as a scratch or bruise, or as terrible as a brain or spinal injury. While recovery time for these severe injuries can be sixth months, others can be several years.

Once physically recovered, cognitive processes and basic functions can be permanently inhibited. It’s important to hold the company accountable for disabling employees. If responsible for putting a person out of work, the company should help provide for their recovery.

Workers can apply for short term or long term benefits; through documentation of their paperwork and medical bills, total amounts of compensation can be monitored. Size of the employer’s payroll, employee job classifications, and the company’s claim experience multiplied together produce the premium premium price. Different states have respective laws regarding medical insurance. Some states require employers to provide insurance whereas others don’t.

Workers’ compensation insurance policies are critical in business structure. They protect the employee and employer alike, and strive for the best case scenario in the midst of tragedies. If you have been put out of work due to a injury on your company’s behalf, do not be worried about depleted finances; worker’s compensation will help the situation. However, if a company is not following procedure, a Minnesota’s workers’ comp lawyer can help work towards holding employers accountable. For issues related to fraud or misconduct you should consult an attorney that specializes in investments.

Read More

Truck Driver Requirements and Regulations

Mar 05

Wrongful deaths due to truck driver negligence is unjust. The website of the Goings Law Firm outlines how 18-wheeler trucking accidents can lead to deaths. To prevent killing other motorists, truckers must follow recommendations such as training programs, acquiring a specific license, completing a formal education, and participating in workshops.

Training programs are the first step in obtaining a Commercial Driver’s License (CDL). However, truck drivers must have a GED certificate to participate. Then, the Professional Truck Driving Institute can recommend a certified driving course. Courses can be free, paid on the spot, or reimbursed once financially profiting in the company. After completion, operatives can seek a CDL.

When acquiring a CDL, drivers must have a clean record, take a written test, and pass a driving portion. They are necessary for drivers transporting 26,001 or more pounds, or if transporting hazardous materials. If the latter, drivers must also acquire hazmat credentials. To do this, drivers must give their fingerprint and pass a U.S. Transportation Security Administration background check.

Lastly, once certified and hired, drivers are enlisted in company workshops. Additional workshops are online, conducted by American Trucking Associations (ATA). Both the company and ATA workshops inform drivers on regulations, safety guidelines, and codes of conduct.

If an accident involving an 18-wheeler causes a death and the driver has not met these guidelines, the victim’s Houston personal injury lawyer may have a stronger platform when arguing for personal injury justice. According to the website of the Law Offices of Mark T. Lassiter, someone injured due to the fault of a negligent truck driver can and should receive compensation.

Read More

Problems from Lack of Cruise Ship Security

Mar 03

Cruises should be a time for rest and relaxation. They are meant to take the mind way from the stress of every day life while cultivating happy thoughts. However, they can immediately turn downwards if something bad happens while you’re on the cruise do to a lack of security.

The website of the Vucci Law Group outlines some of the frustration and danger that can arise if the ship has a poor security plan. Atrocities can be committed when the passengers least expect them. Since everyone is on the boat for a significant amount of time together, people learn others’ habits and can capitalize on that in a criminal manner.

Stolen items is a crime most easily committed if precautions are not in place. Living quarters are in a confined area, and remembering to lock your door at all times is crucial. Furthermore, do not keep valuables lying around. In addition to neighboring passengers, the staff is below the dock at most times. One should safeguard jewelery, phones, iPads, money, and any other possessions when away is important to prevent others’ from accessing them. If a cruise ship has proper security, the problem of stolen items should be reduced or nonexistent.

Unfortunately, violence and sexual assault can occur on a cruise ship as well. People learn others’ patterns when confined together over a given time period. This gives someone an advantage of the element of surprise because they appear unexpectedly during a daily routine. However, a properly suited ship would have the security stationed in dangerous areas. With watchful eyes speckling the ship, the well-being of the passengers is ensured.

While none of these crimes are excusable, the issue is worsened with the crimes occur on vacation in the middle of an ocean. Incidents on cruise ships due to a lack of security are the cruise ship company’s responsibility, and they can be held accountable.

Read More