Personal Injury - WNW Legal

A Brief Look: The Hours of Service Rules, Development on 34 Hour Restart

May 20, 2016/in Personal Injury /by damg

Anybody who pays attention to trucking safety news—if, indeed, any of our readers do—knows that the federal hours of service are somewhat of a hot topic at present. The hours of service rules, for those who have not heard of them, are rules administered by the Federal Motor Carrier Safety Administration which apply to both property-carrying and passenger-carrying commercial vehicle drivers.

A summary of the rules, which can be found on the FMCSA’s website, shows that the rules include a daily driving limit of 11 hours, a prohibition on driving after the 14^th consecutive hour on duty, required rest breaks of at least 30 minutes every 8 hours, and a weekly driving limit of 60/70 hours in 7/8 consecutive days on the job. The rules vary slightly between property- and passenger-carrying drivers, but they are fairly similar.

The hours of service rules are largely aimed at addressing the problem of truck driver fatigue. The trucking industry is one which puts a lot of pressure on drivers to work long hours and maximize productivity. This can easily lead to fatigued truckers staying behind the wheel and putting other motorists at risk.

One aspect of the rule that is currently in sort of a limbo state is the so-called 34-hour restart rule was suspended in 2014 until further investigation could be done regarding the effectiveness of the rule. Under the rule, truck drivers were required to take two rest periods between one o’clock and five o’clock in the morning to officially restart their work week.

In our next post, we’ll continue looking at this issue and the latest news on the 34-hour restart rule, as well as why it is important for those harmed in a trucking accident to work with an experienced personal injury attorney.

Sources: FMCSA, “Summary of Hours of Service Regulations,” Accessed May 19, 2016.

Seeking Compensation in Accidents Involving Teen Drivers, P.2

May 13, 2016/in Personal Injury /by damg

In our previous post, we mentioned data showing that Mississippi is ranked very high in terms of teen motor vehicle accidents. We also began discussing the challenges accident victims can face in teen car accidents with obtaining compensation. In many cases, if not most, teen drivers are not going to be able to pay on a tort judgment, and this is why it is important for accident victims to pursue other liable parties as well, when possible.

One potential scenario that can come up with teen drivers is that a teen takes a family vehicle out, either alone or with friends, and gets into an accident. In such cases, it may be possible to hold the teen’s parents liable for the accident, either under a general theory of family car liability, or else for negligently allowing the teen to operate the family car. The ability to hold parents liable in teen accident cases depends both on the law of the state in which the crash occurs and the facts of the case, so it is important to work with an experienced local attorney.

Another possible scenario is when a teen borrows a vehicle belonging to a teen friend or an adult and gets it into an accident. In such cases, it may be possible to hold the owner of the vehicle liable under a theory of vicarious liability. This can potentially lead to joint and several liability for the driver, the teen friend who lent the vehicle, and the vehicle owner, though it depends upon the applicable law.

Insurance, of course, will come into play in teen accidents, but insurance coverage isn’t always adequate, particularly in cases where the teen driver is uninsured. When insurance coverage doesn’t fully cover medical costs and other losses resulting from an accident, it is important to understand one’s legal options for pursuing recovery. An experienced Mississippi personal injury lawyer can help with this.

Seeking Compensation in Accidents Involving Teen Drivers, P.1

May 13, 2016/in Personal Injury /by damg

Nobody who gets behind the wheel of a motor vehicle is immune from making mistakes. Regardless of age, health, and any other factors, all drivers are at some risk of causing an accident on the roadway. That being said, there are some groups of drivers who present a greater overall risk, statistically speaking. Young, inexperienced drivers are one such group.

According to a recent analysis of federal data, the state of Mississippi has one of the highest national rankings in terms of dangerous teen drivers. The rankings based on federal data regarding highway fatality rates and the number of distracted drivers on roadways. The finding meshes with information from the Centers for Disease Control and Prevention, which lists motor vehicle accidents as the leading cause of death among teenagers.

Those who are harmed in a motor vehicle accident have the right to be compensated for their injuries and losses, regardless of who causes the accident. When a young driver is involved, though, one of the potential issues for a crash victim is the ability to collect on a judgment. Assuming a crash victim has a meritorious claim and wins a judgment against a young driver, it isn’t always the case the defendant will be able to pay. This is why it is important to consider all potentially liable parties before pursuing litigation.

In our next post, we’ll look at a couple of potential car accident scenarios involving teen drivers and how an experienced personal injury attorney can help accident victims in such cases seek the compensation they deserve.

Looking at the Issue of Nursing Home Arbitration Agreements, P.1

May 13, 2016/in Personal Injury /by damg

When adult children entrust an elderly parent to the care of a nursing home, they expect that the staff is properly licensed, trained and supervised, and that the facility will provide adequate care for the elderly parent. When nursing staff or the facility fails in its duty to provide care for a resident and serious injury or death results, family members should have the ability to seek compensation and hold the facility and nursing staff accountable.

One of the hurdles that can get in the way of family members obtaining compensation from a negligent nursing facility is an arbitration agreement. Many nursing home facilities across the country are requiring prospective residents to sign arbitration agreements in order to be admitted for care. Many new residents and their family members sign these agreements without really understanding what they entail if the facility engages in wrongdoing and the family wants to sue.

Arbitration agreements, generally speaking, favor businesses rather than the little guy. In the case of nursing home arbitration agreements, this is not only because of the process itself, but also because arbitration agreements too often prevent systemic health and safety problems from receiving the attention they need to get. Another potential issue is that prospective residents may not even fully understand what an arbitration agreement means at the time they are admitted. This is particularly the case if they do not personally sign the agreement.

Back in March, the U.S. Court of Appeals for the Fifth Circuit, which includes Mississippi, ruled that family members do not need to have written power of attorney from the resident to sign and bind the resident to the facility’s arbitration agreement. In our next post, we’ll look a bit more at the case and why it is important to consult an attorney before signing a nursing home arbitration agreement and when issues surrounding such agreements arise.