Hale Injury LawyersLake Charles Personal Injury Attorneys | Hale Injury Lawyers2024-02-16T17:52:26Zhttps://www.halelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1300819/2024/01/cropped-Site-Icon-32x32.pngOn Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=478712024-02-02T03:14:19Z2024-02-03T03:14:01ZMechanics of a trench collapse
Trenches are narrow excavations dug into the ground for various construction purposes, such as laying pipelines or building foundations. These trenches stay up because of walls made of soil or other materials. However, factors such as soil type, weather conditions and nearby vibrations can weaken these walls, leading to collapses.
Impact on workers
When a trench collapses, tons of soil can come crashing down with immense force. Workers caught in these collapses may suffer from severe injuries, including traumatic brain injuries. The sudden and powerful impact of the falling debris can cause head injuries or skull fractures.
Hidden signs
Traumatic brain injuries often seem like invisible injuries because their symptoms are not always immediately apparent. Medical workers should closely monitor workers who experience a trench collapse for signs of a traumatic brain injury, including headaches, dizziness, confusion and nausea.
Traumatic brain injuries can affect more than just the mind. People may also suffer from lung and heart dysfunction as well due to this incident, so prompt medical attention is important to prevent further complications.
Lack of safety measures
Trench collapses can seriously hurt employees when those in charge do not take care of the workplace or notice signs of danger. Employers should prioritize safety measures such as proper trench shoring, regular inspections and thorough training. Additionally, maintaining clear communication is important.
Trench collapses pose a significant threat to construction site safety and daily work, often resulting in traumatic brain injuries among workers. The right proactive safety measures from employers are a big part of preventing the devastating consequences of trench collapses.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=478562023-12-07T20:08:53Z2023-12-07T20:08:53Z1. Overloaded cargo
When a truck carries more weight than its designated capacity, it becomes a ticking time bomb on the road. Overloaded cargo not only strains the vehicle's structural integrity but also compromises its braking capabilities. This can lead to longer stopping distances, increasing the likelihood of rear-end collisions and catastrophic accidents.
2. Uneven weight distribution
Proper weight distribution is important for maintaining stability on the road. An improperly loaded truck with uneven weight distribution can become difficult to control, especially during turns or sudden maneuvers. This imbalance increases the risk of rollovers, putting both the truck driver and others sharing the road in peril.
3. Shifting cargo
Loose or improperly secured freight can move unexpectedly, causing the truck to sway or jackknife. This not only endangers the truck driver but also poses a serious threat to nearby vehicles, leading to collisions that proper loading procedures would eliminate.
4. Heightened risk of tire blowouts
Exceeding weight limits puts excessive stress on a truck's tires, increasing the likelihood of blowouts. A blown tire at high speeds can lead to loss of control, resulting in devastating accidents. Regularly inspecting and ensuring proper loading can help prevent this dangerous scenario.
Of the 1,278 fatal crashes that occurred in Louisiana in 2022, 74 involved trucks. Along with distracted driving and other common risks, the dangers of a poorly loaded truck on Louisiana roads are clear and present.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=478552023-10-10T00:23:24Z2023-10-10T00:23:24ZMyth 1: The Jones Act benefits shipowners
While it's true that the Act provides job protection for U.S. maritime workers and supports the domestic shipping industry, its benefits extend far beyond that. The Jones Act is vital in safeguarding national security interests and ensuring a robust domestic maritime industry. It also provides valuable protections to maritime workers, giving them hospitalization, recovery and other benefits.
Myth 2: It hinders disaster relief efforts
Some believe the Jones Act impedes disaster relief efforts due to its restrictions on foreign-flagged vessels. The Act includes provisions allowing temporary waivers during emergencies, ensuring foreign vessels can promptly assist in disaster relief efforts when needed.
Myth 3: It stifles competition and innovation
Contrary to the belief, it fosters a competitive environment among U.S. shipowners. This encourages investment in the domestic maritime industry and can even drive technological advancements.
Myth 4: The Jones Act applies just to ships
While ships are a primary focus of the Jones Act, it applies to other vessels engaged in transportation or exploration activities within U.S. waters, such as offshore drilling rigs and platforms. This broader scope protects domestic maritime interests and injured maritime workers.
Understanding the truth behind these myths allows you to engage in informed discussions about this significant legislation affecting the nation's commerce, maritime workers and security. The Jones Act provides security and protection and may cover you if you spend more than 30% of your time at sea.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=478502023-08-09T18:26:57Z2023-08-09T18:26:57Zmultiple lawsuits.
An interesting case
Americans associated with the Titanic passengers and survivors in the U.S. filed multiple lawsuits in the District Court for the Southern District of New York in 1913, asking for over $16 million in compensation for loss and injuries. They wanted the Titanic's ownership, Oceanic Steam Navigation Company, to pay for negligence.
A fight ensued over which laws should pertain to the tragedy. British law would allow the claimants to receive much higher compensation, closer to what they were asking. American law had a much lower cap.
The U.S. Supreme Court eventually ruled in favor of the company, applying the Limited Liability Act, and capping the damages. The case settled in July 1916 with the company paying only $664,000. Plus, the claimants had to agree to accept that the company had no knowledge of any negligence on the boat.
A raw deal and a lesson
The claimants lost out on that settlement. They barely got anything from the company, including an admission of wrongdoing and responsibility for the thousands of deaths and the trauma that survivors went through. This is a good lesson in looking into applicable laws prior to filing a lawsuit as they could greatly impact your ability for fair compensation.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477202023-06-06T01:04:21Z2023-06-06T01:04:21ZDrunk driving's deadly effects
According to The Foundation for Advancing Alcohol Responsibility, more than 30% of Louisiana's car accident deaths in 2019 resulted from drunk driving. Of those alcohol-related fatalities, 66.3% involved a driver whose BAC was .15% or higher, and many were repeat offenders. Despite Louisiana's zero-tolerance rule for underage drinking, 15 of the 220 alcohol-related deaths occurred with an underaged drinker behind the wheel.
Life-changing impacts of drunk driving
Not all drunk driving crashes result in death. However, many inflict life-changing injuries on victims. Those involved may experience long recovery periods or irreversible damage from broken bones, bruising and lacerations, spinal cord or nerve damage, traumatic brain injuries or even paralysis. Not only do these injuries impact the quality of life for victims and their families, but they can also lead to overwhelming medical bills. Victims may consider filing a personal injury claim against the responsible driver to help cover these high costs.
As one of the leading causes of car accident deaths in Louisiana, drunk driving remains a prevalent problem. While seeking and receiving financial compensation does not restore what a drunk driving accident takes from its victims, it may help those involved and their families cover the sizable bills resulting from a car accident.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477192023-04-07T20:00:15Z2023-04-07T20:00:15ZDangerous incident
According to 4WWL News, a man living in Larose died after a serious collision with a semi-truck on a road near the Louisiana highway. Immediately following this crash, both the truck and the car fell into a drainage canal before coming to a stop. Although there are not many additional details, officers say that the trucker only suffered minor injuries and they expect him to recover.
Problems with distractions
Distractions both on the road and within a vehicle can greatly influence how quickly someone reacts to potential danger, such as an oncoming car. Another passenger or a cell phone, along with many other sources of noise, could potentially distract someone. Driving at high speeds can also lead to a loss of control over a vehicle.
Unsafe drivers
The speed of the other vehicle can also leave both drivers at risk for a sideswipe accident, which happens when a car or larger vehicle rams up against the side of a car. At extreme speeds, such as on a highway, additional people on the road may need to swerve out of the way or risk injury.
Whether you are facing the aftermath of a collision with another car or a truck, staying wary of unsafe drivers around you may help you make important decisions.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477152023-02-08T16:19:36Z2023-02-08T16:19:36ZGetting the help you need
Following a truck accident, trucking companies may take action to minimize their losses. This includes utilizing lawyers to minimize the amount of money paid by the company's insurance to victims. The company could use a variety of tactics to avoid compensating you.
Trucking companies often have people ready to handle accidents quickly. As someone recovering from a crash and potentially dealing with injuries and emotional trauma, you may not know what actions will protect you from exploitation. Hiring an experienced truck lawyer can benefit you by taking the pressure off you while you recover. Working with someone who understands the situation gives you a better chance of receiving compensation for injuries and damages.
Remember to act quickly following an accident
Following an accident, trucking companies often act quickly. You should also act fast to increase your chances of receiving compensation. While your first priority following an accident is taking care of yourself and tending to any injuries, if possible, you should also document the scene through photographs and keep a record of what occurred. Getting professional help with your case may help even the playing field between you and trucking companies.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477102022-12-06T19:57:11Z2022-12-06T19:57:11Znegligence.
Suing for negligence
The Jones Act allows seamen to sue their employers for negligence. The injured seaman or their family must prove the employer, owner or captain was negligent and that it was the cause of the injury or death.
Some forms of negligence are:
Poorly kept equipment
Assault by another worker
Improper training
Fluids other than water on the deck or the lack of traction surfacing
Unsafe methods
Improper safety equipment or no safety equipment
Even the slightest bit of negligence can cause serious injury when a ship is out at sea.
The Jones Act has a lower threshold of proof
One of the major differences between Jones Act cases and regular personal injury cases is that a Jones Act case uses any negligence no matter how small or indirect. In personal injury and Work's compensation cases, the employer has to be directly negligent.
Damages due to negligence under the Jones Act
Despite their differences, personal injury, worker's compensation and the Jones act all have very similar damages that they award.
The Jones Act gives injured seamen and their families a lot of options when it comes to what they can sue for and has lighter restrictions on proof making it easier to recover damages.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477082022-10-10T20:36:37Z2022-10-10T20:36:37ZDistracted driving
When comparing driving while intoxicated with distracted driving, they are equally dangerous. Distracted drivers may not be looking at the road or they may not have a firm grip on the wheel. Distractions also include a mind that is not present and focusing on the road or nearby vehicles. Any of the situations can slow reaction times, and a few seconds is all it takes for a major accident to occur.
Impact and damage
A commercial vehicle carries more force and weight than a standard automobile, leaving devastation in its path when a tractor-trailer is out of control. Rear-end collisions, where a truck impacts a smaller vehicle, can lead to fatalities and totaled vehicles. There is an increased risk of getting crushed by the truck, but there is also the threat of getting trapped in a burning vehicle. Diesel is highly flammable, and the impact between the two vehicles could cause a fire. The contents of the truck could ignite quickly, creating a catastrophic incident.
In addition to bodily injury, death and property damage, truck drivers face the threat of fines, getting ordered out of service or disqualification for texting or using hand-held devices while driving. This is a common cause of distracted driving.
Distracted driving has devastating consequences both for the driver and nearby travelers. The situation grows more dangerous when a truck driver engages in distracted driving.]]>On Behalf of Hale Injury Lawyershttps://www.halelawfirm.com/?p=477062022-08-16T15:43:54Z2022-08-16T15:43:54ZWho does the Jones Act cover?
The Jones Act allows an injured mariner to sue their employer if they suffer an injury while onboard a vessel. It protects mariners who are part of the crew and does not apply to passengers. Although it is not specific about what a mariner or seaman is, the act covers those on both inland and seagoing vessels. This means it provides for most inland and offshore workers but does not cover dock workers.
The Jones Act applies to both small and large vessels, from massive cruise ships to tiny dive boats.
What does the Jones Act cover?
The Jones Act is there to help compensate workers for any negligent actions on the part of the vessel owner, covering injuries resulting from:
Improper safety equipment
Unsafe working conditions
Unsafe orders
Inadequate training
Violations of regulations governing maritime operations
Improperly crewed vessels
This law also covers other more specialized conditions, but these are the basics.
The Jones Act is in place to help you when worker's compensation and other remedies do not apply. It can help you get compensation for your medical and living expenses until you recover.
Any maritime endeavor is inherently dangerous, leading to thousands of work-related injuries annually, according to the Centers for Disease Control and Prevention. The Jones Act can help you recover if you suffer an injury due to negligence.]]>