Hire An Attorney With An Extensive Knowledge Of Trucking Rules And Regulations

The income of commercial truck drivers is often based on making deliveries under incredibly tight deadlines, with risk of losing pay if the deadline is not met. This makes the trucking industry one of the most competitive commercial industries in the United States. Regrettably, this culture leads to deadly driving tactics, such as driving fatigued. It is estimated by the Federal Motor Carrier Safety Administration (FMCSA) that operator fatigue plays a role in more than 40% of all tractor trailer accidents on our roads.

In an effort to eliminate drivers operating 40 ton commercial trucks while fatigued, the FMCSA requires that logbooks be filled out documenting hours of rest and sleep. Yet, drivers still regularly falsify these books with aid of trucking companies in order that shipments reach their destinations as quickly as possible. This puts the lives of everyone on the road at risk in order to maximize their profits.

Trucking companies who pressure their drivers to operate big rigs while sleep deprived (or who condone their drivers’ use of falsified logbooks that misrepresent their hours of rest and sleep) must be held responsible for this reckless disregard of public safety.

In recognition of this major risk to the safety and welfare of the driving public, the FMCSA enacted new Hours of Service Rules on 2/27/12. Compliance with these rules became mandatory on 7/1/13. Several of these rules impose penalties and form the basis of civil liability.

FMCSA's new Hours of Service final rule:

• Limits the maximum average work week for truck drivers to 70 hours (a decrease from the current maximum of 82 hours);

• Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most (from 1:00 to 5:00 a.m.);

• Requires truck drivers to take a 30-minute break during the first eight hours of a shift; and

• Retains the current 11-hour daily driving limit and 14-hour work day.

The ongoing mayhem on our nation's highways will hopefully be reduced if the Department of Transportation can effectively enforce these new regulations that require necessary driver rest. We need to realize, however, that a lack of enforcement will only encourage large trucking companies to continue their reckless practices that favor profits over people.

Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an attorney with an extensive knowledge of trucking rules and regulations is employed after a collision. Contact the Missouri Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 or at GlassmanLegal.com to ensure that your rights are protected.

When To Contact An Attorney Following A Traumatic Brain Injury

Approximately 1.4 million people sustain a traumatic brain (TBI) injury each year in the United States. Of that number, three out of four are considered a "mild" traumatic brain injury (mTBI).

According to the Mayo Clinic, mTBI symptoms include:

• Loss of consciousness for a few seconds to a few minutes
• No loss of consciousness, but a state of being dazed, confused or disoriented
• Memory or concentration problems
• Headache
• Dizziness or loss of balance
• Nausea or vomiting
• Sensory problems, such as blurred vision, ringing in the ears or a bad taste in the mouth
• Sensitivity to light or sound
• Mood changes or mood swings
• Feeling depressed or anxious
• Fatigue or drowsiness
• Difficulty sleeping
• Sleeping more than usual

The October 2013 issue of the Journal of the American Academy of Orthopedic Surgeons (JAAOS) published an article discussing mild traumatic brain injuries and the accidents most responsible for them. JAAOS found that falls and motor vehicle accidents are to blame for most cases of minor traumatic brain injuries, and a common cause of bone and joint injuries. Lead study author Richard L. Uhl, MD, an orthopaedic surgeon at Albany Medical Center in Albany, N.Y. found that "Musculoskeletal injuries are often seen concurrently with some studies estimating that 50 percent of patients with orthopaedic injuries also sustain a mTBI."

This silent epidemic, as dubbed by the Centers for Disease Control and Prevention, is considered a major public health issue. Patients that suffer a mTBI and multisystem trauma are twice as likely to have persistent cognitive impairment, along with reported symptoms of depression, anxiety and PTSD. Patients with mTBI paired with lower extremity injuries are three times as likely to undergo behavioral and cognitive difficulties at a year post injury. Patients whose symptoms last more than three months are said to have post-concussion syndrome. This disorder can be linked with significant financial, social, and emotional challenges.

These symptoms are why it's imperative an attorney is contacted after an accident. If you or a loved one has suffered any type of traumatic brain injury due to the negligence of another party, contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 or find them online at www.glassmanlegal.com. While your life my never be the same, the Glassman Law Firm will fight to get you the damages you are entitled to.

Voice-To-Text Methods Are Equally As Dangerous As Manually Texting While Driving

Despite being marketed as a safer alternative, new studies are proving that voice-to-text methods are equally as dangerous as manually texting while driving. It has been maintained that hands-free devices are safer because they allow drivers to keep their eyes on the road and their hands on the wheel. This is untrue.

A distraction is considered anything that takes a driver away from the task of safely operating a vehicle. There are three types of distractions a driver can encounter while on the road: visual, manual, and cognitive; anything that takes your eyes off the road, your hands off the wheel, or your mind off the task at hand.

Voice-to-text produces a byproduct referred to as "tunnel vision" or "inattention blindness." It's as if the driver only looks straight ahead, or the driver goes through the motions of scanning the roadway, but does not actually see what they're looking at. "Police accident investigative reports are filled with comments like the driver ‘looked, but did not see.' That's what drivers tell them. We used to think they were lying, but now we know that's actually true," said Peter Kissinger, CEO and president of the AAA Foundation for Traffic Safety

In AAA's study, brain waves and reaction times of drivers on roads and simulators were measured to compare levels of distraction. Listening to the radio registers as a minimal distraction, between 1.3 and 1.7 on a five-point scale. Using a cellphone or talking to a passenger registered as 2.3 to 2.5. Voice-to-text devices, such as a smart phone or GPS system, registered as a high distraction level of 3.1. Delay in reaction time while driving went from 15% while using a cell phone to 25% while using voice-to-text devices. It is estimated that by 2014, all new vehicles will come equipped with voice command capabilities.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a distracted driver.

What Are The Dangers Of An Overloaded 15-Passenger Van?

On May 20, a 15-passenger van carrying church members veered off of an Illinois freeway and overturned, resulting in five fatalities and six people injured. Of the 11 people in the van, nine were ejected.

15-passenger vans have become a popular mode of transportation for church groups, sports teams, and summer activity organizers, however, the history regarding these vehicles has long been a dangerous one as Federal regulators have previously warned of its rollover danger. In crash data collected by the National Highway Traffic Safety Administration from 2003 to 2007, a 15-passenger van with 10 or more occupants carries a rollover rate three times higher than a 15-passenger van carrying less than five people. In 2007, 15-passenger vans that rolled over had 73% more fatalities than the previous year, occupant fatalities in all 15-passenger van accidents increased a total of 20% from 2006.

The Insurance Institute for Highway Safety (IIHS) sites a 2004 study by the NHTSA where the odds of a rollover accident for a 15-passenger van increased more than 400% when the van was fully loaded compared to a driver traveling alone. The IIHS acknowledges other factors that influence the safety of these passenger vehicles such as the vehicle's tire pressure, the vehicle's high center of gravity, the number of passengers, the amount of cargo, the use of seat belts, and the use of alcohol.

According to the NHTSA, if you are planning to take a trip in a 15-passenger van this spring, here is a helpful list of safety tips to ensure the trip is a safe one:

• Never overload the vehicle. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers.
• Make sure the vehicle is regularly maintained, and that drivers are properly licensed and experienced in operating a 15-passenger van.
• Have suspension and steering components inspected according to the manufacturer's recommended schedule and replace or repair these parts as necessary.
• Ensure that vehicles are equipped with properly sized and load-rated tires.
• Check the tires for proper inflation and signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner's manual and on the door pillar.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of an accident in a 15-passenger vehicle.

Brain And Spinal Cord Injuries In Missouri

Catastrophic injuries to the brain and spinal cord present the most severe challenges that an injury victim and his family will ever face. When these tragedies strike, the most critical need is to immediately secure the best possible medical care. Over the next few weeks, after the injury has been fully evaluated and the patient stabilized, it is vital to seek the legal representation of an experienced trial attorney who can:

• coordinate all available insurance benefits;
• investigate all private and governmental disability benefits;
• assist in the provision of all necessary medical care;
• commence an early investigation of the incident that caused the injury; and
• begin the comprehensive process of assessing and proving all of the ways in which the victim’s life has been permanently altered, and the legal damages to be sought.

Traumatic Brain Injury

If a person could choose one organ of his body he would never wish to be injured, it would certainly have to be his brain. His abilities, enjoyment of life, relationships and personality - - - the things that comprise his life - - - are all impacted by a brain injury. Those who are disabled by severe brain injuries suffer shortened life spans and work expectancies, the proof of which generally requires the expert testimony of vocational economists and life care planners.

Aside from severely disabling brain injuries, over one million people suffer mild to moderate brain injuries annually as a result of bicycle and pedestrian accidents, falls, on-the-job injuries, and sporting accidents. A National Institute of Health brain injury working group estimates that the largest group of people suffering mild to moderate brain injuries are in the 15 to 24-year-old age group. Many of these injuries involve subtle damage to the brain which is not necessarily revealed by standard neurodiagnostic imaging such as CT and MRI scanning. To fully demonstrate and prove legal damages in these cases, trial lawyers often retain the expert services of biomechanical engineers, neurophyschologists, and neurologists, as well as vocational economists.

The staff at The Glassman Law Firm is committed to spending time with these injury victims and their families in order to determine the substantial changes in the victim’s “before” and “after” injury condition so that appropriate damages may be recovered.

Spinal Cord Injuries

Every year 8,000-10,000 Americans suffer non-fatal spinal cord injuries that impact their medical, psychological, and economic well-being. As in the case of brain injuries, many spinal cord injuries occur as a result of motor vehicle accidents, recreational, and on-the-job incidents, most commonly striking males below the age of 35.

These injuries require comprehensive medical and therapeutic management of the immediate condition, and often a lifetime of rehabilitation and learning to cope with permanent disabilities. Proof of these losses require a trial attorney to retain the services of expert therapists, physicians, rehabilitation specialists and life care planners.

The professionals at The Glassman Law Firm are committed to guiding these unfortunate victims and their families through the legal process to assure they receive maximum benefits in order to facilitate the most favorable long-term outcomes.

If your loved one has suffered a brain or spinal cord injury contact The Glassman Law Firm to arrange a confidential and comprehensive discussion of the complex issues that need to be addressed.

Please see our Brain and Spinal Cord Injury Resources / Links.

Car Accident Attorney In St. Louis

The Glassman Law Firm, P.C. of St. Louis has been helping personal injury victims in the State of Missouri win substantial settlements and awards for many years. Our team has 50 years of combined courtroom experience, and we are proud of the fact that most of our clients have been referred to us by other satisfied clients.

In 2005, 78 more people died in traffic accidents on Missouri's roads than in 2004. The 1,208 deaths is a 7% increase from 2004. The number of deaths has not been below 1,000 since 1994. The Glassman Law Firm, P.C. understands that as an accident victim or the family of a victim, you may be overwhelmed and suffering from emotional, physical and financial injuries. Defending your rights is probably secondary in your mind to your personal recovery process. However, the justice system strives to return the victims of personal injury to some semblance of life they led prior to an injury. While monetary compensation cannot change the past, it can help lessen anxiety about medical bills, employment, rehabilitation, and your future.

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6 million reported motor vehicle crashes in 2004. While the majority of accidents involved only damage to property, 38,000 lives were lost and almost 2 million people were injured. Even minor accidents can produce injuries that are disproportionate to the event, and symptoms may not arise until well after the original accident. People involved in motor vehicle accidents include:

• Drivers of vehicles involved in accidents where another driver was at fault,
• Passengers in vehicle accidents whose driver or the driver of another vehicle was at fault,
• Pedestrians hit by vehicles, and
• Cyclists and motorcycle riders hit by motorists.

Under Missouri state and federal law, those injured in accidents caused by the negligence or recklessness of others are entitled to file a civil action suit - called a "tort" - against those who caused them harm. The plaintiff (claimant) files a lawsuit against the party that caused the injury (defendant). If negligence is proven, the defendant must pay the plaintiff monetary "damages" that may include consideration for present and future loss of earnings, medical expenses and pain and suffering. In order for the plaintiff to recover damages, a skilled attorney must prove the critical elements of negligence:

1. The defendant had a duty to the plaintiff.
2. The defendant failed in that duty.
3. The plaintiff was injured and damages resulted from the defendant's breach of duty.

Accident-related injuries range from minor to serious and permanent. If you have been injured in an automobile accident, your physical trauma is probably compounded by the uncertainties of your financial future. How will you pay medical bills and make up for lost income?

In Missouri, automobile owners are required to carry proof of insurance coverage. If the other driver has no liability insurance, your own policy does provide benefits to protect you against uninsured drivers. If the responsible driver did not have a sufficient amount of liability insurance to adequately compensate you for all of your damages, we can assist you in presenting an underinsured motorist claim against your insurance company if you purchased this coverage in your automobile policy. These are very important and frequently misunderstood coverages. Although uninsured and underinsured claims are brought against your own company, your company cannot legally cancel your policy or raise your premiums for making these claims because they are not considered "chargeable losses" under your policy (i.e., they are not your fault). It is best to consult The Glassman Law Firm, P.C. so that your rights to seek damages are fully explored and pursued against responsible drivers and insurers. This is especially so when:

• There was a fatality.
• Bones were broken or fractured.
• Surgery has or will be required.
• There is permanent and serious injury or disfigurement.
• There is significant rehabilitation time and disability from work.

If you are eligible for damages, your compensation may include medical expenses, lost income, property damage, and pain and suffering damages. If the accident was caused by someone else's negligence (exceedingly reckless or careless behavior), punitive damages may be awarded.

At The Glassman Law Firm, P.C., we relentlessly pursue compensation for our injured clients. Mr. Glassman and his committed staff are personally involved in the unique nature of your injury and how it has affected your life. Our open-ended consultations are free of charge. Let us know if we can be of service to you.

Contact us today at (314) 446-6000, or you may contact us via our online form.

Please see our Car Accidents Frequently Asked Questions.

Please see our Car Accidents Resources / Links.