Showing posts with label Truck accident law. Show all posts
Showing posts with label Truck accident law. Show all posts

Thursday, January 14, 2016

What Types Of Compensation You Can Obtain In Personal Injury Case?

Did you suffer injuries in a truck accident? If yes, then you can legally seek compensation for your injuries, property damage, or any other kind of loss, if the accident was caused by someone else’s negligence.

Compensatory damages are classified in different categories, which are listed below-

Special compensatory damages

Special compensation includes monetary expenses of injuries sustained by a victim during an accident. It covers the following types of damages-
  • Loss of earnings
  • Loss of future earnings
  • Cost of future medical care
  • Household expenses
  • Medical bills

General compensatory damages

General compensatory includes non-monetary damages. The word general here pertains to the emotional suffering and intangible damages sustained by the victim because of injury. It covers the following damages-
  • Pain and suffering
  • Mental anguish, and
  • Loss of consortium or companionship

Wrongful death damages

This compensation includes monetary benefits for surviving family and loved ones. It covers the following monetary and non monetary damages-
  • Funeral and burial expenses
  • Cost of pre-death medical care
  • Loss of services and support
  • Loss of companionship and consortium
  • Emotional distress of surviving family and loved ones

Punitive damages

Compensation for punitive damages is only provided to victims. When a defendant is found guilty of a malicious act or fraud, he has to pay rightful compensation to the victim.

Collecting damages

Once settlement has been made in the court, a plaintiff can receive damages for his/her losses. But, receiving the compensation and actually collecting the money are two entirely different things.

Defendants may or may not pay the compensation. In such case, the plaintiff’s attorney can help him/her throughout the collection process.

Either the defendant will provide compensation or the insurance company will pay the valid damages up to certain liability limits.

If you or your loved one have faced injuries in a truck accident, then you are eligible to get compensation for your sufferings. Truck accident lawyers of reputed law firms will guide the victim throughout his/her case and provide rightful compensation from the defendant.

Tuesday, May 19, 2015

How The Usage Of Electronic Logbooks Can Stop Unsafe Truck Driving?

Driving big rig vehicles is a tough – it’s job that requires a certain skill set and a mind for safety. To ensure safety of the roadways and for those other vehicles and humans on the road, it is essential for truckers to be honest about the long hours they put in especially if they are hard working. However, there are an increasing numbers of lawsuits associated with falsified paper logs which suggest that still many truckers that do not comply with the safety rules just to earn little more money. These falsified documents are the result of exceeding hours of service, which is one of the main reasons behind increasing truck accidents.   Drivers falsify logs so they can continue driving additional hours and miles to make additional pay and sometimes even work for more than one trucking company.

In order to reduce incidents associated with falsified logbooks, The Department of Transportation (DOT) has moved up the expected publication date for a final rule mandating the use of electronic logging device to September 30, 2015.

Electronic logging devices (ELD’s) would supplant the need for paper logs and make it increasingly difficult to falsify their records. ELD’s work via a recorder is attached to the truck that will record its location and operational information. It requires drivers to log in when they start driving. The system will know if the truck is moving or stop and accurately log miles and time.

These electronic logging devices will store all the data that can be extremely helpful to track work related information of the drivers. Usage of this technology will make it difficult for drivers to manipulate their logbooks based on their own. This technology includes real time data recording that will allow trucking companies to monitor vehicles and stop unsafe driving practices to enhance road safety.  Perhaps, in the future the governors in these ELD’s may actually be able to self-report speeding and other unsafe habits that result in trucking injuries and truck related fatalities.

ELD’s can be considered as a warning for both drivers and commercial transport companies, as it is expected that truck accidents lawyers will use data of electronic logging devices to expose driving negligence or improper supervision and assist in accident reconstruction.