Big Rig Texting Deadly

If a semi driver is texting while driving, get out of his way. This is an accident looking for a place to happen.
Many people don’t realize that over 100,000 people end up being seriously hurt every year thanks to being in an accident with a big rig. It’s a no-brainer to think about the total destruction that results when something that size hits something a great deal smaller.

Often the other vehicle’s occupants die in the carnage.

“While size alone may make them the “Kings” of the highway, this doesn’t mean they are exempt from following the rules of the road, just like the rest of us. In fact, you’d think it would make them ‘more’ aware of what they were doing ‘because’ of their size and deadly potential,” noted Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

“Here is an interesting fact for you. Commercial trucks account for approximately 3% of all motor vehicle registrations. Doesn’t sound like much does it? Unfortunately though, they are responsible for roughly 12% of all yearly traffic fatalities,” observed Smith. The government does seem to be working toward making highway travel safer by putting stricter rules and regulations into effect that target truckers; specifically to get them to take precautions to avoid fatigue and distracted driving.

The statistics for big rigs crashes show that distracted driving tops the list of fatal driving errors. That list includes three kinds of distracted driving: taking their eyes off the road, taking their hands off the wheel, and disengaging their minds. This likely won’t surprise you in this day and age of texting, but truck drivers causing accidents while texting is negligent and deadly, and the very worst combination of the top three distractions,” Smith outlined.

“Maybe you haven’t heard about the case where a trucker killed a mom and her young child because he was watching a porn movie on his laptop while driving. Of course this is the high end of recklessness, not to mention stupidity, but it points out that some really strange things can and do happen,” added Smith.

Some other research just done recently by the Federal Motor Carrier Safety Administration revealed that truckers who text do so while taking their eyes off the road for 5 out of every 6 seconds. “If they are traveling at 55 mph, the trucker actually travels the full length of a football field without looking at the road. Pretty scary stuff, isn’t it?” asked Smith. On top of that frightening revelation, big rig truckers are up to 20 times more likely to get into an accident while texting on their cell.

The good news here is the DOT has now banned texting for truckers. If they follow the rules, this should help reduce accidents as a result of texting. If they don’t follow the rules, and let’s face it, some people won’t, there will still be death by texting while driving a big rig. “Yes, there is a fine if they’re caught texting. Lawyers can now also go for punitive damages to make a point that texting while driving is deadly,” said Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

Learn more by visiting http://www.Arkansaslawhelp.com

Tags: Arkansas accident lawyer, Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer, Arkansas personal injury lawyer, Arkansas wrongful death attorney

Wrongful Death Case Compensation Complicated

Calculating the economic loss resulting from a wrongful death is tough. Many times the loss has to be reduced to today’s dollar values.

Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.

“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.

Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.

In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.

“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.

Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.

The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.

Learn more by visiting http://www.Arkansaslawhelp.com

Tags: Arkansas accident lawyer, Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer, Arkansas personal injury lawyer

VA Benefits Act Has Mile Wide Loophole for Fraud

If you thought the VA was a cheap date when it comes to acknowledging claims, consider the fraud they deal with constantly.

In a recent article, we talked about veterans being denied medical claims possibly because of VA budget concerns. That might make some sense when one considers that over $100 million has been ripped off from you – the taxpayers – since 2003 by contractors who masquerade as disabled vets. That’s a whole lot of money that could have been used to settle vets’ medical claims.

The story goes that the Veterans Benefits Act (2003) was designed to offer sole-source government contracts to disabled vets who owned businesses. Someone blew the whistle on this rip-off and there was a huge investigation which did precisely zero. The rip-offs still continue today. Widespread fraud every year and for some reason, the government lets it happen. Would they have a reasonable, rational explanation for that? Chances are they wouldn’t, but it might be interesting to hear what they have to say.

The government is in fiscal disarray and US taxpayers and vets are paying for that mess in a very personal way. If fraudulent contractors posing as vets continue to dine out on our money, what does that say about the checks and balances that are supposed to be in place to ensure fairness? What does that say about the government’s commitment to resolving the country’s financial mess?

Unfortunately, current laws don’t have any penalties in place for this particular type or kind of fraudulent scheme. In fact, if you can believe this, the awarding criteria for the program is based on the honor system. Yes, the honor system. All companies that are applying for funds have to do is check a box on a form that says they meet the VA criteria and they’re in business. Follow-ups, you ask? No, no one confirms their eligibility.

The bottom line here is that government contracting officers know about this and don’t do anything. There is a move afoot to introduce legislation to criminalize misrepresenting a business as being owned by a disabled vet, when in fact it is not. Someone certainly needs to do something about it, as the people who are pulling this stunt are stealing money that is supposed to go to vets.

Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com

Tags: Arkansas accident lawyer, Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer, Arkansas personal injury lawyer, Arkansas wrongful death attorney