Road safety has always been one of the top priorities not only for the government, but also for the manufacturers and eventually the drivers of these vehicles. There are many ways that a car accident can occur on the road: distractions, defective auto parts, negligence, drunk driving, and many others. In order to combat the rising number of car accidents in the United States, the government is now trying to urge motorist to have “talking” technology in their vehicles in an attempt to prevent road accidents.
In the past, the most important safety feature that most cars have has been seat belts and air bags. Although it does help in securing the safety of the driver and passengers, it is not enough to prevent serious injury once a car accident does occur. Because of this, technological advances have looked into further enhancing the safety feature of cars in order to lower the risks of injury or death when car collisions occur. According to various companies, this technology will feature vehicle-to-vehicle communications systems that would automatically let cars provide and exchange safety data and would signal drivers of imminent collisions once the car senses that another vehicle in too close or is speeding.
Although the safety feature is still in its initial stage, one implemented, the government suggests it could prevent at least 80 percent of road accidents. The US Department of Transportation hopes that once the vehicle-to-vehicle communication system is complete, every vehicle will be required to install the safety system. It has already been hailed as the next generation of improvements for vehicle safety, a great shift from the passive safety technology that seatbelts and airbags provide to a much more active safety technology.
According to the website of Williams Kherkher, preventing a car accident is always a better option than having to pay for medical bills due to a serious injury or fatality. This is why aside from the vehicle-to-vehicle communication system, back-up cameras and crash avoidance systems are already being used by many motorists. Installed cameras around the vehicle can help provide the driver proper view of those around him or her, and crash avoidance systems help alert motorists of other vehicles around them. These car safety technological advances could effectively lower or prevent car accidents in the near future.
Driver distraction is one of the top reasons for road accidents. According to the Hazardous Materials Safety Administration and the Federal Motor Carrier Safety Administration (both divisions of the Department of Transportation), “driver distraction” actually has different divisions (visual, manual, auditory, and cognitive) that can be voluntary or involuntary. The diversion can be a person, even, or object that can attract the attention of the driver, shifting his or her focus from the primary focus which is driving. The use of cell phones or mobile phones has qualified for all four divisions of distraction, therefore severely compromising the safety of the truck driver and other motorists and pedestrians.
Because of the danger of cell phone use, many trucking companies have already started using a Bluetooth headset for communication. Furthermore, a federal ban on using hand-held cell phones was already implemented last January, 2012. The law has ruled out the use of hand-held cell phones while to vehicle is moving or while they are stopped for a light or on a stop sign. Emergency calls are allowed.
There are, however, people who argue about the safety of using a Bluetooth headset. Being hands-free can really be a great improvement since it keeps the truck driver’s hands on the wheel, but many disagree. According to earlier studies, driving requires a lot of concentration, and even a small distraction can greatly increase the chances of an 18-wheeler accident to occur. Just mere three seconds of driver distraction can already prove fatal and lead to serious road accidents.
The federal law of prohibiting the use of hand-held cell phones definitely has its advantages, and could certainly prevent driver distraction and potential 18-wheeler accidents. It is, nevertheless, important to understand that cell phone use is not the only distraction that a truck driver can have; there are other gadgets that they are using, such as radio units and GPS consoles. Technologies such as these can already be a distraction to many truck drivers, therefore regulations alone may not be enough to prevent 18-wheeler accidents from happening.
Posted by Rhett on Apr 16, 2014 in Business Concepts | 0 comments
Due diligence can cover a number of things, but in legal terms it is considered as “the measure of prudence, activity, or assiduity, as is properly expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstance; not measured by any absolute standard but depends on the relative facts of the special case..” which, to be put in another way, due diligence would mean ensuring that you are getting what you think you are paying for. This is especially important for potential acquirers of a business. In a possible merger or acquisition of a corporation, due negligence is a necessary first step, since an intensive investigation can provide vital information and facts relevant to an acquirer to make an informed decision.
Providing the potential buyer every bit of information you have about your company or corporation can save you from a number of lawsuits that he or she can bring once the deal has been made. Hiding problems that is present in the business could put you in danger of facing a lawsuit for fraud, and could potentially kill the deal before it is made. Generally, the potential acquirer would provide a number of questions and possible requests for certain copies of documents that should be answered and given on a given date. Additionally, as a seller, you should also disclose information regarding any issues with tax and audits, insurance claims, filed lawsuits, and other possible liabilities that could affect the acquisition or merger.
Being a seller also makes you responsible for your own due diligence; you have to make sure that the potential acquirer or merger has enough funds for payment, and guarantee that employees are taken care of. There are also many possibilities that could happen after the acquisition or merger – you could become a consultant or possible employee for the new company. Moreover, you should make sure the new business owners have assumed (as part of the deal) the debts that your business has acquired, otherwise you might still be the one who will be legally liable for these debts.
Posted by Rhett on Apr 11, 2014 in Asbestos | 0 comments
Exposure to asbestos has been linked to certain types of cancer and other health complications, and recently the danger of asbestos to tenants and homeowners has also been recognized. It is the property owner’s responsibility to ensure that his or her tenant is safe during the duration of their stay; however, there are also instances where the tenant or occupier of the property is liable for anything that occurs in the property. Because of this, it would be better to fully understand how tenant and property owner responsibility work in chances of premises liability and possible personal injury claims go.
According to a 200-page regulation issued by the US Occupational Safety and Health Administration (OSHA) which establishes the precise standards for workplace testing, maintenance, and eventual disclosure of asbestos, property owners who are in the general industry, shipyards, and construction works are required to set up warning labels and train their staff, as well as inform those who work is jobs that might have exposure to asbestos. Because rental properties are considered as “general industry” by OSHA, they are required to follow the given regulations for necessary property maintenance, whether they are large-scale property rentals or small scale landowners.
Discovery of asbestos in the property does not necessarily mean that it is already an unsafe property. The danger of asbestos and asbestos-related diseases is due to it being airborne (through deterioration). If it is not disturbed, the law may not require to property owner to remove it. It is required by law, however, to have the tenant informed of the presence of asbestos and the types of things that could disturbed it, thus rendering the area an unsafe property.
When the presence and danger of exposure to asbestos has deemed the rented property an unsafe property and the owner did not inform the tenant, then the owner can be held liable for the damages that the tenant incurred. It is also the property owner’s responsibility to do the repairs in the rented property via a suitable and non-negligent manner to ensure that the “reasonable standard of protection” is provided.
The widespread reports of nursing home abuse has prompted the government to enact legislation in 1987 which demanding nursing homes that participate in Medicare or Medicaid to follow specific rules to ensure quality of care. The Nursing Home Reform Act states that nursing home have the responsibility to “…provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing or each resident in accordance with a written plan of care”. In order to engage in Medicare or Medicaid, all nursing homes should comply with federal requisites, especially for long-term nursing care facilities.
As the numbers of older patients in nursing homes and other assisted living communities increase, the seniors are being put in a very susceptible position for various types of nursing home abuse and this should cause alarm to many adult children and grandchildren on these elderly patients. As stated on the website of Hotze Runkle, PLLC in Texas, whether the abuse was intentional or not, the family of the patient has the right to sue the doctor, nurse, hospital, or anyone who has caused abuse in the nursing home.
Just as there are several types of abuse that can happen to an elderly patient in a nursing home, there is also a number or claims that the family of the abused can file against the nursing home or assisted living communities. These can depend on the actions, whether they are physical or sexual in nature, verbal abuse, financial abuse (by way of consumer fraud or identity theft) or false imprisonment. Because in general, nursing homes have high standards of care, the family can also cite neglect in their lawsuit. They have to prove in court that the neglect was the cause of injury or abuse to their elderly family member.
Most nursing home abuse lawsuits take time to finish because they are complex and most nursing homes and assisted living communities are under corporations. Hiring an attorney who knows about this type of tort could help prevent your nursing home abuse lawsuit from being buried in the defendant’s paperwork. Once there is even little evidence of nursing home abuse, it would best to contact legal help to understand the next possible action.