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Long Island Truck Accidents and the EOBR Rule: an Update

"I can resist anything except temptation," the English playwright Oscar Wilde once quipped.

Wilde wrote a century ago. But his words could apply to the pressure many truck drivers face to alter paper log books in order to conceal violations of hours-of-service rules.

Such violations are one of the potential causes of a Long Island truck accident. This is because the rules are in place to help prevent accidents caused by truck driver fatigue.

In recent months, federal regulators and the trucking industry have been skirmishing over the implementation of a proposed rule to require electronic on-board recorders (EOBRs). The Federal Motor Carrier Safety Administration (FMCSA) believes that such recorders should be mandatory for trucking companies with documented patterns of failing to comply with hours-of-service limitations.

The Owner-Operator Independent Drivers Association (OOIDA) challenged the rule in court. In August 2011, one of the federal appeals courts ruled in favor of the OOIDA.

The U.S. Court of Appeals for the Seventh Circuit directed the FMCSA to redraft the rule.

Demonstrating the Dangers of Drunk Driving Accidents

Spring can be a dangerous time of year for motor vehicle accidents on Long Island. Prom season, in particular, always comes with safety concerns. With the big party as the occasion, teen drivers are often tempted to stay out too late and have too much to drink.

The result of such temptations can be a Long Island drunk driving accident. The consequences can be devastating, involving loss of life or catastrophic injuries.

Parents and schools need to all they can to prevent car crashes with such terrible outcomes from happening at all.

One school in New York State is using the method of a mock crash to educate students about the importance of safety. In Middleville, N.Y., the state police, teachers and emergency responders (ambulance, police and fire) put on a demonstration to simulate the aftermath of a drunk driving accident.

The demonstration involved prying out of their cars students who were assigned to play the role of drivers or passengers. This included designating two students as having "died" in the simulated accident

Commercial Vehicle Drivers: New Standards for Examiners

Commercial drivers must be physically up to the job. Operating a heavy truck or an interstate bus is demanding work. If a driver has medical issues that affect driving performance, it immediately puts people at risk on the road.

Truck accident lawyers and other safety advocates therefore welcome a new federal rule that requires training, testing and certification of the medical personnel who examine the drivers of interstate trucks and buses. The examinations are part of the licensing process for the drivers.

The goal of the training and certification is to make sure that medical professionals have a good understanding of the challenges involved in driving a commercial vehicle. If a driver cannot meet those challenges, he or she should not be licensed because of an excessive risk of causing motor vehicle accidents.

Ray LaHood, the U.S. transportation secretary, said the new rule "will ensure that healthcare professionals conducting exams keep in mind all of the demands required to operate large trucks and passenger buses safely."

Federal safety regulators will also create an online database to track compliance with certification standards for the medical professionals who test drivers. Within two years, all certified medical examiners must be included in the database.

Motorcycle Safety Awareness Month Puts Focus on Accident Prevention

Federal safety regulators and local partners across the country are ready to recognize May as Motorcycle Safety Awareness Month. The theme will be to "share the road" more effectively in order to better prevent all types of motor vehicle accidents.

One such type is a Long Island motorcycle accident. Those accidents typically increase in warmer weather months, when the weather invites more motorcycle riding.

The statistics on motorcycle accidents point to a serious story about dangers on the road. Nationally, there were over 4,000 motorcyclist fatalities in 2010.

In fact, there has been an overall trend for over a decade of increased numbers of fatal motorcycle accidents.

Clearly motorists need to do a better job of sharing the road with motorcyclists, in Nassau County, elsewhere in New York, and throughout the U.S.

How To React When You Are Involved in a Car Accident

The shock and trauma you suffer when you are involved in a car accident compounds any resulting physical injury and often leaves you feeling disoriented. The psychological effect of an automobile crash can very easily lead to a lack of clear thinking when faced with an angry driver who wants to hold you responsible for the situation. What should you do in such a situation? Difficult as it may seem, try to keep calm and rational as you discuss the matter with the other party to the accident. When you find yourself in the middle of a busy street in Long Island after a road accident, it can be difficult to avoid the overwhelming feeling that you need to get out of there as quickly as possible.

Your first concern will be to ascertain if there are any physical injuries to the occupants of the vehicles involved, yourself included. Some injuries are readily apparent immediately while others may become evident later. For your own personal protection, never feel obliged to admit responsibility either verbally or in writing. This is especially important if you have suffered any type of injury, visible or otherwise. By all means, both drivers can exchange insurance details but it would be in your interests to seek legal advice from a lawyer who specializes in personal injury cases.

Consult the Experts

Considering the high proportion of automobile accidents in the New York area, it is prudent to be cognizant of the procedure to follow when faced with such a distressing incident. Most car drivers are unacquainted with the legalities of dealing with road accidents and how to proceed when personal injury occurs. There are times in our lives when we simply have to leave some things to the experts and claiming compensation for hurt is one of them. Failing to consult the experts in such a position could prove very costly and aggravate the situation.

You may think it is just a matter of dealing directly with your car insurance company, but remember, insurance companies are more interested in taking money from you in premiums and not so much in paying out. Seeking legal advice could mean you receive much more in compensation for injury or damage than you would by leaving it to the discretion of your insurers. Protect your own interests and take full advantage of the provisions open to you when accidents occur.

Keep a Record of the Accident

When you are involved in a car accident, the challenge you face is to keep a clear head in the face of the upset this can cause. Before leaving the scene of the accident, take some time to write a description of what happened while it is still fresh in your mind. This would include details of the location, the direction both vehicles were traveling and a description of how the collision occurred. Make sure to record any comments made by the other driver related to injury or any suggestion as to accepting responsibility. These details will assist your lawyer to do the best for you in the situation.

Being involved in a car accident is never a pleasant experience. When it results in personal injury it is important to ensure you are well represented legally. Some have made the mistake of going it alone in trying to recover compensation for damages to person or vehicle only to be disappointed. It is imperative that your rights are protected in the event of an automobile collision and seeking the advice of a reputable legal firm is the way to safeguard those personal rights. Yes, a car accident can be a very traumatic and painful experience, but you can ease the pain somewhat by enlisting the help of a qualified lawyer who will work in your best interests.

Distracted Driving Accidents and Employer Accountability

Distracted driving that results in motor vehicle accidents continues to be a major problem in New York and across the country. When electronic devices or other causes of inattention take a vehicle operator's focus off of the road, distracted driver accidents follow all too frequently.

One emerging factor that could reduce distracted driving significantly is a more proactive role by employers in developing and implementing policies for their drivers that discourage unsafe cellphone use.

To be more specific, consider the effect of a new federal rule that prohibits handheld cellphone use by commercial vehicle drivers while they are behind the wheel.

The law defines a commercial vehicle in two different ways. It applies, first of all, to vehicles over 10,000 pounds that, for business purposes, cross a state line. The law also applies to all vehicles over 26,000 pounds.

Individual drivers face fines for violating the law, as well as loss of their commercial driver's licenses for repeat offenses.

But it isn't only individual drivers that the law holds accountable. Businesses that either require or allow their drivers to make use of handheld cellphones while driving can also be fined. The maximum penalty for these businesses is $11,000.

Car Accidents in New York

Car Accidents in New York Can Pose a Serious Problem, but You've Got Experts on Your Side

If you've driven to New York and are the unfortunate victim of someone else's negligence, you're not alone. Although most drivers in New York are safe drivers, many accidents occur every year because of negligent driving, whether it be because someone is driving under the influence, speeding, or talking/texting on a cell phone while driving. There are other causes of negligent driving as well, to be sure, but the bottom line is that if you've been the victim of a negligent driver in New York City, you've probably sustained injuries, perhaps serious ones, and you now have to recover.

If you're trying to fight the offending party's insurance company to make them pay you damages or to compensate you for your pain and suffering, medical bills, and so forth, you may find yourself beating your head against the proverbial brick wall - until now. Fortunately, New York car accident attorneys can successfully litigate car accidents on your behalf, so that you can focus on your recovery.

What You Should Know About New York Nursing Home Abuse and Neglect

It can be an incredibly difficult decision indeed to decide to put your loved one in a nursing home if it comes to that. However, you should know that most nursing homes are completely safe and caring institutions that will take care of your loved one with the same care you would.

However, in some cases, it's unfortunate that nursing home abuse and neglect can happen. If you visit your loved one in his or her residence and find that there are obvious signs of abuse or neglect, such as broken bones, bruises, bed sores, or other obvious injury, you should certainly contact Nassau personal injury attorneys to help you with your case. You don't have to suffer in silence.

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