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Should private mail delivery drivers be exempt from fatigue-preventing safety rule? P.2

In our previous post, we began speaking about a request made by an organization
representing private mail carriers for an exemption from the 14-hour limit
rule. The rule is one of so-called “hours of service” rules
under federal law which puts limits on how much time commercial motor
vehicle drivers can spend behind the wheel in any one work day or work week.

The hours of service rules are important not only as a means of ensuring
highway safety with respect to the trucking industry, but also as a means
of holding truck drivers and their employers accountable. When a trucker
fails to abide by federal driving time limits and his or her employer
fails to ensure compliance with these rules, his or her accident victims
can use this noncompliance as evidence in personal injury litigation.

Utilizing noncompliance with federal hours of service regulations is a
real possibility in personal injury litigation, but it requires that a
plaintiff do thorough work in the discovery phase of the litigation process.
This means obtaining records of any police and state or federal agency
investigations of the accident, especially investigations conducted by
the Federal Motor Carrier Safety Administration and the National Traffic
Safety Administration.

The ability to demonstrate regulatory violations may have another advantage
for personal injury plaintiffs, at least in some cases: the ability to
seek punitive damages. Although punitive damages are difficult to obtain,
egregious violations of federal safety rules may warrant such an award
in some cases.

Those who have suffered serious harm at the hands of a negligent trucker
should, of course, always work with an experienced advocate to ensure
their rights are protected and that they are able to hold any negligent
parties accountable.

Medical Malpractice

The dangerous phenomenon of sick doctors still going to work

Of all the people in the world that you would think would undoubtedly stay home from work when they are sick, you would have to say \”doctors\” or \”medical professionals,\” right? These are people who constantly work with the sick, or those who are suffering from serious medical conditions. Medical professionals know how an illness affects them, and they know how it can easily be spread among people. And yet,

Medical Malpractice

Jury: woman to receive $25.3 million in medical malpractice case

Sometimes a headline like the one above this blog post is misunderstood. People can see the dollar amount and think that the person has received a windfall, like winning the lottery. Of course, the reality is far different. The 53-year-old woman in this medical malpractice case lost all four of her limbs; both arms, both legs. All four were amputated because an undetected infection led to septic shock, which caused

Truck Accidents

One year later, Wal-Mart and Morgan reach settlement

Tracy Morgan made so many people laugh on Saturday Night Live and 30 Rock. he also had a very successful stand-up career, in addition to other film and television commitments. Everything was going great for him — until last summer. While in a vehicle with multiple other people, Morgan was severely injured in a truck accident that left one of his close friends with fatal injuries. The truck involved in

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