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Personal Injury Blog

Truck Accidents: Let The Professionals Handle This!

Thursday, November 02, 2017

Protect Yourself From The Dangers Of The Road

Deteriorating road conditions. Road rage. Drivers under the influence. And now self-driving vehicles. What else do you have to be concerned about? Oh, of course. Truck accidents..........

Truck Accidents Are Caused By:

A multitude of things. Perhaps road conditions had deteriorated to the point that traveling them was unsafe. Possibly the truck wasn't maintained properly and was unable to stop in time. Or the truck had a defective part from the manufacturer that caused the collision. Even improperly secured cargo causes truck accidents. 

However, in many truck accidents, the driver is at fault. Maybe the driver was on their cell phone, texting or talking with someone. Or possibly under the influence of drugs and/or alcohol. Or driving too fast for conditions or in violation of the speed limit. Because of demanding work schedules, some who drive professionally are tired to the point of falling asleep at the wheel!

What A Victim May Suffer

The immediate damage of truck accidents is obvious physical issues: broken bones, lacerations, etc. However, long-lasting unseen damages need to be considered. Among these are psychological trauma that afflicts indefinitely, such as post-traumatic stress disorder (PTSD). And some problems that are physical, such as heart problems brought on by the stress, deserve fair compensation. 

What A Qualified Law Firm Will Do

In a nutshell, they investigate all factors to make sure the innocent victim isn't victimized again by unfair (or no) compensation. The victim of a truck accident is best served by accident scene investigators, if necessary. Top-notch attorney representation provides this. And if a case is accepted but not won, there is no fee. 

If you were involved in a truck accident, before you talk to anyone, contact us for a free consultation!

Drug Crimes from the Suspects Perspective

Wednesday, November 11, 2015

If you are suspect in an alleged drug crime your defense begins before you even get arrested. As a citizen you are expected to follow certain rules, but law enforcement agents also have rules to follow, rules that are often bent in pursuit of alleged criminals.

Before an arrest law enforcement agents will normally engage in a search of your person, your vehicle, or your living space. If they have a search warrant it will be presented to you and they can legally search any space specifically listed in the warrant. However, many times these agents do not have a warrant because they have not collected enough evidence to show probable cause that a drug crime is being committed.

In situations where agents are without warrant, they often turn to a technique they call a ‘knock and talk.’ Just as it sounds, an agent will literally knock on your door in an attempt to engage you in conversation. You are under no obligation to open the door, or even speak to the agent. If you do open the door the agent will be very polite and persuasive and may say something like, “Hi I’m Officer Smith. We were told there is marijuana inside this home, do you mind if we come in and look around?”

This sounds innocent enough, and you may feel the urge to comply. You have been taught to cooperate with the police your whole life after all. If you say yes, and they find something—anything illegal—they will certainly use it against you.

If you say no but you already have the door open and have engaged them in conversation they will try to find another reason to enter your home, albeit without your consent. One simple reason is the ‘smell of marijuana.’ This is a nebulous idea of course, difficult to prove or disprove, but it gives the agent an excuse to enter.

Another reason for entering without consent is exigent circumstances. This means that something is happening that requires immediate attention from law enforcement. If someone were screaming, or a gunshot was heard, that would create an exigent circumstance and the agent could enter legally.

Another exigent circumstance can be as mild as the sound of a toilet flushing. In this case the agent can claim that he believes evidence of a crime is being destroyed, therefore his immediate action is required, again entering your home without consent.

If you choose to open your door, and either consent to a search, or fall victim to the many techniques an agent will use to gain entry—stay calm. Once this process begins you may find the agent, usually more than one at this point, very aggressive or even violent. Everything about their behavior will be an effort to intimidate you. In spite of their actions you must remain calm, be polite, but understand that anything you say will be used to help prosecute you. If you wish to remain silent—and silence is almost always the right choice—make sure you say so out loud. The agents will be bombarding you with questions, just repeat your choice to remain silent.

If you have not been arrested, ask if you are under arrest, if you are not under arrest ask to leave. If you are under arrest ask for an attorney. Your attorney understands exactly how law enforcement works and will protect you. The importance of an attorney is these situations cannot be overstated.

If they agents entered your home without your consent, and you did not say anything to incriminate yourself, your attorney is in a much better position to defend you.

Younger Truckers More Prone to Substance Abuse

Friday, October 25, 2013

Alcohol and drug abuse by truck drivers is a serious problem that increases the risk of accidents, and endangers the safety of motorists and truckers. Drugs like alcohol and marijuana slow down driver reflexes, increasing the risk of a truck accident.

Amphetamines can have a severe effect on a driver’s health, increasing his chances of suffering a medical condition at the wheel.A new study into the incidence of substance abuse among truck drivers finds that younger truckers may be more likely to abuse drugs and alcohol.

The study, which was based on a review of existing studies, was conducted by Brazilian researchers who analyzed the conclusions of 36 studies from across the world. Most of the studies were based on surveys of truck drivers.

The review finds that the drug that truck drivers most frequently abuse, is alcohol. This is followed by amphetamines, marijuana and cocaine. However, there seemed to be plenty of variation in the results. The rate of drinking alcohol on the job ranged from 1% of truckers to 91%. The rate of amphetamine use ranged from .2% to 82.5% , and the use of marijuana ranged from .2% to 30%.

Some categories of truckers seemed to be at a much higher risk of abusing drugs and alcohol on the job. For instance, younger truckers showed a much greater susceptibility to drinking on the job, while truck drivers who drove for longer trips as part of their jobs were also more likely to drink or take drugs.

Besides these categories, truck drivers who drove more at night, drank alcohol, got fewer hours of rest, were paid below the union-recommended wages or were paid based on their job performance, were also much more likely to be impaired on the job.



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