Archive for April, 2016

New Federal Laws Could Make West Virginia Truck Accident Risks Worse

Apr
30

Truck accidents are a very real danger on roads throughout the United States, with National Highway Traffic Safety Administration reporting 330,000 trucks were involved in 2012 collisions. Almost 4,000 people died in 2012 truck crashes, and 104,000 people got hurt.

Because West Virginia truck accidents are so common, it would seem any rules or regulations passed by the federal government would be aimed at bringing down the rate of deadly accidents. Unfortunately, this is not the trend which is occurring. In fact, recent actions taken by federal law makers seem to be going in the opposite direction and making the roads less safe.

Are Federal Lawmakers Undermining Truck Safety Rules?

One successful effort on the part of federal lawmakers to undermine truck safety rules came in the December 2015 Consolidated and Further Continuing Appropriations Act. This Act was a piece of budget legislation aimed at keeping the government funded and open. Although it had virtually nothing to do with trucking regulations, there was a provision stuck into it which forced the suspension of a Federal Motor Carrier Safety Regulation (FMCSR) related to hours-on-duty.

The Act ended up suspending a rule which had been put in place related to a 34-hour rest break for truckers who had driven 60 hours over a week or 70 hours over eight days. FMCSRs stipulated a 34-hour rest break in these situations, with two periods of the rest break taking place between 1:00 AM and 5:00 AM.  Trucking industry groups had objected to this because they didn’t want to have to be on the roads during the day and industry groups even challenged the regulation in court and lost. Federal lawmakers, however, caved to those who wanted the rest break rules thrown out and included the provision suspending them in the must-pass budget legislation.

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Klie Law Offices 85 West Main Street Buckhannon, WV 26201 Toll Free: (866) 408-9059 Local: (304) 472-5007 Fax: (304) 472-1126

Are Trucks Carrying Empty Loads Dangerous?

Apr
27

If you’re driving by an 18-wheeler carrying a full load, you might be safer than if you’re passing a big rig with an empty trailer.

According to a recent study in Australia, researchers found that trucks with empty trailers pose a risk of a rollover crash due to handling problems related to “trailer sway.” Furthermore, truck drivers are relatively inexperienced in handling a big rig with an empty trailer, according to researchers.

Curtin-Monash Accident Research Centre in Western Australia released the findings, according to a report in Phys.org. While the research was conducted down under, our attorneys in Bucks County and Philadelphia hope trucking companies across the United States consider the findings and look for ways to avoid accidents involving tractor-trailers with empty loads.

It’s critical for truck drivers and their employers to put safety first – always. As experienced attorneys who have handled truck accidents, we know that collisions between small cars and heavy commercial vehicles are among the most serious road crashes. Occupants of the smaller cars often are seriously injured or die as a result of the impact. A fully loaded trailer can weigh as much as 80,000 pounds. Big rigs, even when they’re unloaded, weigh on average about 30,000 pounds.  Regardless of whether the truck is loaded or empty, the forces involved in a crash with a small, 4,000 pound vehicle are significant, and the smaller vehicle will bear the brunt of the damage.

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Flager & Associates One Northbrook Corporate Center 1210 Northbrook Drive, Ste. 280 Feasterville-Trevose, PA 19053 Phone: (215) 953-5200 Fax: (215) 953-5214

Aggressive Disciplinary Action Has Chilling Effect on Practice of Medicine

Apr
14

When a doctor is faced with disciplinary action, aggressive medical license defense becomes necessary to try to protect his license and avoid adverse consequences. Unfortunately, sometimes the actions of state disciplinary boards are improper, as medical boards may sometimes aggressively go after people who have not really done anything wrong. Threat of facing disciplinary action can have a chilling effect on the practice of medicine, particularly for doctors in certain fields like pain management where there is ample room for accusations of wrongdoing to be made.

Doctor’s Case Shows The Problem of Aggressive Disciplinary Action

Press of Atlantic City illustrates one of the big problems which can occur when accusations are made against doctors based on uncertain indicators of wrongdoing.

In this case, one of two local pain management specialists in a local county found himself fighting for his future. The doctor had practiced medicine between 1976 and 2007, and his practice had more than 1,300 patients at one point.

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Houston Office: * Bertolino, LLP 5847 San Felipe Street #1700 Houston, TX 77057 Phone : 713.357.2467 * By appointment only