The Big Rig Crashes Are Deadly

It isn’t rocket science to figure out that if a vehicle gets into a dust up with an 18-wheeler, there are going to be serious consequences, including death.

Despite more and more rules of the road enacted for the safety of all vehicles, accidents just keep on happening. The worst of those accidents involve the large rigs (big rigs, 18-wheelers) we all see daily on the highways as we travel to work. Any accidents involving them are serious and result in (for those that survive) significant medical bills, many trips to the hospital and often-permanent disabilities.

What will it take to stop the carnage on the roads, to bring the death statistics down and to make the highways a safer place for everyone? “One of the things the industry needs to look at more closely is the causes of accidents involving 18-wheelers,” said Mike Smith, Trial Lawyer, Little Rock, Arkansas. “The causes would tell them where to concentrate their efforts to make a difference.”

There is more than one reason why a big rig gets into difficulties and winds up in an accident. In many cases it boils down to driver fatigue and falling asleep at the wheel. “Yes, industry regulations state they must keep a log book, however I have seen many cases where two sets of log books are kept – the one for the record and the true account on time on the road,” explained Smith.

Sad but true are the other horror stories in the media about big rig drivers being under the influence of alcohol or drugs. There’s no getting around it, this is a factor in car crashes as well. “This is a distinctly human element that needs to be monitored, however ultimately no one else but the rig driver makes the decision to drive under the influence,” outlined Smith.

Maintenance issues are quite common with rigs this size simply due to the long, hard miles these vehicles put in each year and the weight of the loads they haul. It’s quite common to hear of mechanical failures, improperly strapped down cargo, brakes that suddenly gave out and engine problems as being the cause for tragic crashes.

Driver error and driver inexperience are two other factors that often play a part in a deadly encounter on the road. If faced with the consequences of being in a big rig crash, immediately contact a highly experienced big rig lawyer such as Mike Smith of Little Rock, Arkansas. It’s a phone call that will mean all the difference between no settlement and a just one thanks to the years of litigation experience behind Smith.

Elder Abuse in Nursing Homes Inexcusable

When people think of the term abuse, what most often comes to mind is physical abuse. While this is indeed a component of abuse, there are other even more insidious forms prevalent in nursing homes.

One major form of abuse that is hard to detect is psychological or mental abuse. It’s silent, only leaves mental scars and is often the result of emotional abuse that no one sees, least of all the relatives.

“Many seniors in homes, even if they are being subjected to abuse, don’t report it for fear of it getting even worse,” said Mike Smith, Trial Lawyer, Little Rock, Arkansas. This of course is abominable, as seniors do not deserve treatment like this for any reason. They are entitled to respect, dignity and proper care. While this is the ideal for nursing home residents, in many cases it in not practiced in reality.

“Emotional abuse is any act that causes emotional distress, anguish, panic, anxiety, suffering or psychological disturbances in a resident of a nursing home,” explained Smith. Instances such as this are largely the result of staff members who verbally and emotionally abuse the residents. “Such behavior may include, but is not limited to intimidation, degradation, withholding pain medications or other treatments, threats and manipulation,” stated Smith.

Other methods of emotional abuse may also include restricting activities for the resident for no good reason and isolating the senior against their wishes. While family members may be able to spot physical abuse, mental and emotional abuse is far more difficult to detect. However, there are some signals that may tip the family off that there is something wrong.

Signs may include anxiety, confusion, depression, an unwillingness to talk about activities in the home, constant agitation, mood swings and insomnia. Other signposts could include a sudden change in behavior or unusual behaviors like rocking or biting.

If a loved one in a nursing home is showing any changes in behavior or physical signs of something being drastically wrong, this is the time to contact an expert attorney who handles nursing home abuse cases. Mike Smith, Trial Lawyer of Little Rock, Arkansas has the kind of experience to set right the wrongs of nursing home abuse.

The False Claims Act – Whistleblower Claims

One might wonder where on earth a term such as whistleblower originated. It actually hails from the practice of English bobbies who blew their piercing whistles when they saw a crime in progress. Everyone within seemingly two blocks knew something was up when they heard that sound.

Nowadays blowing the whistle on crime isn’t quite as colorful perhaps, but it may be just as effective. Most whistleblowers are in the category of internal early warning systems and expose wrongdoings within a company to another employee or someone higher up the management ladder. External whistleblowers usually report the suspect activity to whomever they think will best handle the situation – media, a watchdog organization, law enforcement or a lawyer.

This legislation is geared at federal employees and in order to lay a complaint under the auspices of the False Claims Act the worker must have reason to believe their employer has violated a law, regulation or rule. Or they must testify or initiate a lawsuit on the legally protected matter or refuse to break the law that they feel their employer is violating.

One interesting and little known twist when dealing with Whistleblower legislation is that if the information being disclosed is prohibited by law or an executive order, telling anyone this information may be considered to be an act of treason. Suffice it to say this charge has yet to be laid in Whistleblower cases.

The other thing that usually happens with Whistleblower cases is that if the government does collect from the defendant as the result of a successful fraud case, the person who blew the whistle on them shares in the proceeds of the settlement. Now you might be wondering who in their right mind would blow the whistle on something and then spend the rest of their life waiting for the retaliation.

Thankfully, when this legislation was drafted, an anti-retaliation provision was added that prohibits harassment or the firing of a whistleblower. This particular section will allow the person who spoke up and out to file a wrongful dismissal lawsuit and even seek double back pay along with any other requested damages.

If you are in a situation where you know something that needs to be told because it is wrong, morally, ethically and legally, contact a highly trained lawyer who specializes in this area of the law. That first phone call will be well worth it in the long run for more than just the possible financial compensation. The satisfaction of having made a difference is an experience in itself.

Sexual Harassment is Illegal But Alive And Well

You’d think in this day and age after the number of highly publicized sexual harassment lawsuits that people would “get it” that sexual harassment is illegal. It is not tolerated the way it once used to be either.

The interesting thing about sexual harassment and other civil rights, is that it has been illegal since 1964 to discriminate on the basis of sex, national origin, age, color, race or religion. Back then, and over the intervening years, while people paid this concept lip service, not a lot of people actually did anything about it. Victims in particular were not prone to speaking up for themselves and sexual harassment continued behind closed doors and unreported, tolerated because someone needed a job.

Sexual harassment is very much about power and control and those that choose to go this route with their employees need to be stopped in their tracks, taken down a peg or two. This type of behavior is not acceptable under any circumstances in the 21st century.

Federal sexual harassment law is dealt with in one of two categories. The first is Quid Pro Quo and the second is referred to as Hostile Sexual Environment. In simple terms the hostile sexual environment comes about when unwelcome sexual conduct ruins the work atmosphere. It permeates everything a person does, affects work performance and creates an offensive environment at all company functions – in the actual workplace and at gatherings.

There are certain types of harassment that are considered in the hostile sexual environment category, and they include vulgar sounds, vulgar statements, indirect sexual remarks, obvious sexual conduct, abusive language, and very sexually explicit graffiti, pinups or jokes. One of the requirements to make a case of hostile sexual environment is that the behavior complained of happens repeatedly and is considered to be unwelcome.

The most important thing to remember here is that it makes no difference what the harasser thought they were doing – as in they thought it was flattering. The only person’s point of view in these circumstances is the victim’s. If they feel it is unwelcome behavior, then it is harassment – period!

In cases like this the whole company may come under scrutiny and in some instances it is not unexpected that courts will hold employers liable in sexual harassment cases that involved vendors, customers, supervisors and other employees.

If you feel you have been or are a victim of sexual harassment in the workplace, contact a qualified sexual harassment attorney immediately and discuss the details of your potential case. Only a competent attorney is able to help you get through the landmines of a sexual harassment case.