Pennsylvania – June 1, 2021

A garbage truck crashed into a house in Etna near Pittsburgh minorly injuring one person, but severely damaging the property.  The accident occurred at the intersection of Kittanning Street and William Flynn Highway on Tuesday afternoon. The front of the house was ripped off, but the mother and her two children, who were inside, were not injured. Crews stabilized the house, fearing it could collapse further. It is unclear if mechanical failure in the truck was the cause of the accident, as there was significant hydraulic fluid and oil leakage on the roadway, causing subsequent issues.  Emergency crews were able to safely evacuate the family and their pets from the home, but the fire chief believes the house will be condemned after the damage to the structure. A skilled personal injury attorney can help sort out any insurance claims, or initiate civil litigation for damages arising out of the crash.  They can effectively communicate with insurance carriers for the house, the truck, and the commercial garbage collection company after fault has been established.  

Commercial trucking laws.

Pennsylvania commercial trucking laws are in place to protect drivers and mandate specific safety requirements for commercial drivers, in the hopes of reducing accidents.  Size is a factor in the extensive damages caused by vehicles that are commonly 65 feet in length and weighing up to 80,000 pounds when fully loaded.  Size definitely contributed to the damage of this home, and accident attorneys can valuate damage compensation addressing temporary and long term living arrangements for the family that has been uprooted.

Insurance.

Federal regulations require large trucks to carry insurance coverage based on the transported cargo. The state of Pennsylvania requires a tractor trailer truck to carry a much higher minimum liability insurance policy than a typical automobile. The coverage amount needed depends on what freight is being hauled and where it is going. Pennsylvania utilizes the 51% rule, and accident parties can be 50% responsible for an accident and still collect damages in a personal injury claim. 

A Pennsylvania accident lawyer can explain valuation determinations for insurance claims, and civil actions to pay damage compensation for economic loss, including lost wages, medical bills, medical care, property loss, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship.  Punitive damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded on a case-by-case basis. 

Damage capitations.

Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State, and if the garbage truck was run by a municipal government, this cap may apply.  

Hire a lawyer.

Truck accident victims should contact an experienced  injury lawyer to fight for their rights. The laws and regulations related to the trucking industry can be difficult to understand, but the legal professionals of Scanlon & Wojton Attorneys at Law will be instrumental in property replacement and harmful losses.  

Scanlon & Wojton, Attorneys at Law

Phone:  (412) 918-1241

Fax: (412) 235-7275

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Sources: 

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.insurance.pa.gov/Coverage/Pages/Homeowners.aspx

https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts

https://www.nhtsa.gov/

Louisiana – June 7, 2021

Earlier this year, Tyco Fire Products, a major manufacturer of “firefighting foam,” also known as aqueous film forming foam (AFFF) and the town of Peshtigo Wisconsin agreed on a 17.5 million dollar payout to address the dangers associated with AFFF and the cancer-causing chemicals that accumulate in humans and cause extreme long lasting environmental pollution.  Tyco operated a Fire Training Center in Marinette, Wisconsin and the facility spilled wastewater containing polyfluoroalkyl substances (PFAS) from firefighting foam that contaminated groundwater for the nearby town of Peshtigo, according to the Wisconsin Department of Natural Resources (DNR).  In a landmark class action settlement, the town of Peshtigo, Wisconsin has agreed to a $17.5 million payout with Tyco Fire Products due to well-water contamination from PFAS in firefighting foam.  The settlement is the first in the country to deal with property damage, injuries, and medical expenses from toxic firefighting foam.

Dangerous working conditions.

Louisiana families depend on the industrial jobs provided by chemical and oil companies, and these plants and refineries are known to be extremely volatile working environments, with an increased frequency of fires that need to be controlled by Louisiana firefighters, who bear increased exposures to AFFF.  Louisiana residents may also be negatively affected by AFFF run off that settles in the ground, causing dangers to the water supply, as well as increased air pollutants.  Attorneys at the Law Offices of Stag Liuzza can offer consultation to individuals who are concerned that their health problems may be caused by exposure to AFFF and apprise them as more successful class action suits end with necessary damage awards.

Worker’s compensation laws.

The Louisiana Workforce Commission has a specific process to be undertaken when a person becomes injured on the job, contracts an illness that is job-related, or dies on the job, necessitating a workers’ compensation claim for monetary damages. Environmental attorneys at Stag Liuzza understand legal remedies for large scale work accidents and catastrophic losses, such as toxic exposures that result in death, or leave workers with permanent disability and deplete, or endanger the ecosystem. If a death is related to job-related AFFF exposure, the Louisiana Workforce Commission may be responsible for death benefits and burial expenses.

Death Benefits. When an employee dies from a work accident within two years after the last treatment for the injury, Louisiana pays death benefits to the deceased worker’s surviving legal dependents. Generally, these benefits are paid in weekly payments amounting to a percentage of the deceased employee’s pre-injury wages. If the employee did not leave any legal dependents, the surviving biological and adopted children will together receive one lump-sum payment of $75,000.

Burial expenses. Louisiana also pays up to $8,500 in reasonable expenses to bury the deceased employee.

Oil rig dangers.

Working with oil and natural gas is inherently dangerous due to the combustible and volatile nature of these compounds requiring safety personnel to use AFFF.  Fires and explosions happen and poisonous gases are often released, coupled with the dangers of the use of AFFF by firefighters, can prove to be dangerous and deadly to the health of field workers in that occupation. There are regulations that support safe cleanup to reduce  the risk of long-term effects in the field.  If an individual feels that pre and post-cleanup activities surrounding oil fields resulted in prolonged exposures to AFFF, it may be prudent to discuss the case particulars with experienced attorneys who understand toxic chemical management and waste laws, relevant to subsequent dangers of AFFF exposure.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

Sources.

https://dailyhornet.com/2021/17-5-million-settlement-in-1st-firefighting-foam-lawsuit/

https://legis.la.gov/Legis/Law.aspx?d=87971

http://legis.la.gov/Legis/Laws_Toc.aspx?folder=105&title=31

Daytona Beach, FL—Truck drivers are assigned the task of transporting heavy and sometimes hazardous loads that can increase roadway risk dramatically. When a large truck engages in a collision, it is often not the trucker who sustains injuries but the others traveling around them. While some truck crashes are brought on by natural causes such as inclement weather, others are caused by truck driver negligence.

If a truck driver’s careless or reckless behavior contributed to an accident in or nearby to Daytona Beach, FL, and a victim is looking to take legal recourse in an effort to recover compensation, they will need to prove fault.

Ways to Prove Fault in a Truck Accident Case

While all drivers are expected to operate their motor vehicle in a safe and cautious manner, truckers are held to a higher standard seeing that an accident involving a commercial truck is likely to cause more severe damage and injuries. While motorists of passenger vehicles can remain behind the wheel of their car for as long as they’d like, truckers are required to follow strict rules that dictate how long they are permitted to operate their vehicle in a single shift.

The Federal Motor Carrier Safety Administration (FMCSA) refers to these rules as the hours-of-service rules. One way to determine if a trucker is in violation of the hours-of-service rules is to access their electronic logging device (ELD). An ELD “synchronizes with a vehicle engine to automatically record driving time.”¹ With the data collected from the ELD, an accident victim can determine if the trucker was operating their vehicle for a period longer than what the hours-of-service rules permits.

Drivers who violate the hours-of-service rules are more likely to fall asleep at the wheel which is a common factor in many of the motor vehicle accidents that transpire on U.S. roads.

Other Forms of Driver Negligence

Fault can also be determined using a truck operator’s driving record which may tell whether or not they had previous driving violations. In addition, it can also show whether the trucker was properly trained to operate the vehicle. Like drivers who disregard the hours-of-service rules, those who have a tainted driving record or failed to undergo the necessary training to operate a large truck are also more likely to cause a motor vehicle crash.

Daytona Beach Truck Accident Attorneys Can Help Prove Fault

Proving a truck driver was liable for causing a collision can be challenging, especially if the trucker or their employer is trying to push some or all of the blame on the victim. Therefore, truck crash victims are encouraged to retain a lawyer who can assist them with proving fault and fighting for the compensation they are due. 

If a truck accident victim would like to connect with a lawyer in their area who is qualified and eager to help them with their case, they can contact Pappas and Russell, P.A. at 386-254-2941.

Pappas and Russell, P.A. is located at:

213 Silver Beach Avenue

Daytona Beach, FL 32118

Phone: 386-254-2941

Website: www.pappasrussell.com

Source:

1. https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices 

Daytona Beach, FL—When an individual engages in behavior that causes physical harm to another, this is generally referred to as assault. Assault can be categorized as physical assault and even sexual assault, and both are considered criminal offenses in the State of Florida. If an individual was assaulted in or nearby to Daytona Beach, they may be able to recover damages from their attacker by filing a civil lawsuit against them. 

When someone intentionally causes physical and/or psychological harm to another, they can be held accountable for their actions. Although filing a civil lawsuit isn’t a guarantee that a victim will be provided with financial relief, it does increase their chances of getting some compensation. When a civil lawsuit is filed, a victim can request that they be awarded money for the following:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Medical expenses
• Loss of consortium. The spouse or partner of an assault victim can seek compensation for loss of consortium if the incident has led to an interference in their relationship with the victim. A victim can speak with a Daytona Beach, FL personal injury lawyer to find out if their spouse would be entitled to receive compensation for loss of consortium and approximately how much. 

What other parties be held accountable for an assault?

If the assault occurred on public or private property and a lack of security created a favorable environment for the attacker, then the property owner may also be sued. For example, if an individual was assaulted in the parking lot of a nightclub, the property owner could potentially be sued if there was not adequate lighting. Because it is likely for an assault to occur in a nightclub parking lot, property owners are expected to provide adequate security (i.e. ample lighting, security cameras, security guards, etc.) to reduce the chances of something bad happening.

If a property owner in Florida failed to provide adequate security and a person was assaulted on their property as a result, they may have a viable case against him/her.

How can an assault victim find out if they have the right to sue?

Assault victims can meet with a Daytona Beach, FL personal injury lawyer if they wish to find out if they have the grounds to sue. An attorney can assess the incident and determine which parties, if any, can be held liable for their behavior. If an assault victim is looking to take legal recourse against their attacker and/or a property owner, they are encouraged to contact Pappas and Russell, P.A. to receive a free consultation with a lawyer.

Pappas and Russell, P.A. is located at:

213 Silver Beach Avenue

Daytona Beach, FL 32118

Phone: 386-254-2941

Website: www.pappasrussell.com

Like many states across the nation, New York uses a points system to track traffic offenses. Get a certain amount of points on your license, and you can say goodbye to your driving privileges. But how many points do you need to accumulate before you lose your license? And how does this points system work? Whether you’re in danger of losing your license or not, it makes sense to gain a full understanding of how New York’s point system works. 

The most important thing to remember about the points system is that it can make trivial traffic offenses much worse. You might not be too concerned about paying a minor fine after committing an offense, but you also need to consider the points. If you already have a considerable number of points on your license, a simple speeding ticket could result in the suspension of your license. This is why it’s so important to work with a qualified, experienced criminal defense attorney in New York who specializes in traffic offenses. With their help, you can avoid losing your license. 

Eleven Points

If you accumulate eleven points, your license may be suspended. However, it’s worth pointing out that this only applies to the last 18 months. Points that you have earned more than 18 months in the past will not apply to your total. There is a wide range of possible offenses, and each traffic offense will result in a different amount of points being added to your license. These points range from 2-11, depending on the offense. 

Is it Possible to Earn All Eleven Points for a Single Offense?

Yes, it is theoretically possible to earn eleven points for a single offense. There is only one offense that carries a penalty of eleven points, and that is driving 40 miles per hour over the posted limit. Your license will likely be suspended if you are caught committing this offense. Speeding carries the highest penalties in terms of points. Offenses such as reckless driving, failure to stop for a school bus, texting while driving, and railroad crossing violations carry a penalty of five points each. 

You Must Be Convicted Before the Points are Added

It’s important to remember that even if you have received a traffic ticket, the points will not be added to your license until you have been convicted. This means that it’s very important to approach your hearing and appeals process in the most efficient way possible – ideally with the help of a qualified attorney. For example, you might have 8 points on your license before receiving another ticket for three points. But if you successfully appeal that last ticket, you can continue driving. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching for a qualified, experienced criminal defense attorney in New York, look no further than Darren DeUrso, Attorney at Law. 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: (914) 772-8614