Truck Brakes do not Fail by Themselves

A deadly collision that involved a semi-truck or 18-wheeler shut down Interstate 10 East near Sunland Park in El Paso, Texas. The accident, which occurred during the evening rush hour on May 23, 2016, killed two women and injured five others. According to the truck driver, he was driving between 50 and 55 mph when he crashed due to brake failure.

Brake failure may be the most common cause of truck accidents, however, one should realize that truck brakes do not fail by themselves. Truck brakes, according to a veteran air-brake-equipped truck (truck) driver, can heat up and cease to work properly or malfunction, however, to say that the brakes failed would be an inaccurate summation of the problem.

Crashed or totally damaged vehicles are often the sight whenever accidents involving trucks occur. Whenever a truck rams smaller vehicles though, property damage should be the last thing one ought to be concerned about; the more fearful consequences of truck accidents are the number of those injured and the severity of injury sustained.

The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), both branches of the US Department of Transportation, work together in making sure that trucks are operated only by drivers who have been trained and are fully qualified to drive a truck. While the FMCSA, specifically, sees to it that the Commercial Driver’s License (CDL) program of each state adheres to the standards and requirements postulated in the Commercial Motor Vehicle Safety Act of 1986, which says that drivers should be qualified in handling commercial motor vehicles (CMVs), while those who are not qualified and those who cannot operate a truck safely should be removed from the road, both government branches also pass laws that will help keep preventable collisions from taking place.

One law that specifically addresses the issue of safe operation of trucks is FMCSA’s stipulated standards on truck’s brake and brake parts. Brakes are among the most important functions of 18-wheelers; brake failure, on the other hand, is one of the major causes of trucks accidents. The most identified causes of brake failure include: thinning or wearing out or brake pads; overheated brakes; brakes getting suffused with grease or oil; brakes and brake components failing to meet the standard requirements on construction, installation and maintenance which will prevent excessive fading and grabbing. A truck’s braking system, says the FMCSA, must “provide for safe and reliable stopping of the commercial motor vehicle.”

A truck accident can easily cause severe injuries, such as brain damage, spinal and neck injuries, broken bones, internal injuries, including bleeding and organ damage or severe cuts and scarring. “In the state of Florida,” as shared by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. in its website, “there are as many as 500 truck accidents every month, resulting in hundreds of deaths and thousands of injuries.” Being injured in a truck accident because of the wrongdoing of a truck driver or trucking company, a victim should never delay contacting a truck accident or personal injury lawyer, who may be able to provide him/her the legal help necessary in making the liable party answer for the damages resulting from his/her injurious or deadly mistakes.

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Hit-and-Run Accidents: Penalties to At-fault Driver and Possible Sources of Compensation for Victims

In road accidents wherein people sustain injuries or get killed, state traffic laws require the involved drivers, especially the one who is unhurt and conscious, to stop and provide all necessary assistance to the injured; it is also obligatory for the able driver to contact traffic enforcers (and wait for them to arrive at the scene) if someone gets killed in the accident. If both drivers are conscious and without serious injuries, however, then they should exchange information regarding their identification, contact details and insurance provider.

Though state laws may differ with regard to the severity of the crime and punishment to be imposed on drivers who speed away from the scene of an accident, the following are basic legal consequences:

Suspension or revocation of driver’s license (in some states, permanent cancellation of license is imposed);
Imprisonment and costly fines; and,
Cancellation of the liable driver’s insurance policy.

Since 2005, the yearly number of hit-and-run victims has increased steadily, causing the U.S. Department of Transportation’s National Highway Traffic Safety Administration to be alarmed. The Administration’s records in fact show that, from 2009 to 2011, reported hit-and-run cases have risen from 1,274 to 1,449.

According to the site of Pohl & Berk, LLP, Hit-and-run, which is also called hit and skip, leaving the scene or skipping and fleeing an accident scene, means speeding away from the scene of an accident to avoid responsibility over an injured victim. This act, however, only makes matters worse both for the victim and the liable driver. On the part of the driver, leaving the scene can result to either a misdemeanor or a felony. This means time behind bars besides the punitive damages and compensatory damages he or she will have to pay.

For the victim, seeking compensation will be quite difficult, more so if there are no clues that will help identify who the liable driver is. Under this circumstance, the hit-and-run victim will have to collect from his or her own insurance policy. In states where no-fault auto liability insurance coverage is required, the victim can apply for a no-fault claim, otherwise, an underinsured or uninsured claim is the alternative option.

Whether to look for clues that will lead to the hit-and-run driver and file a suit against him or her if found or file a claim with the insurance provider, the victim will surely need the help of a highly-qualified lawyer.

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An Overview Of Shoulder Replacement Surgery

Shoulder replacement is a procedure that involves the creation of new joints. It is a type of surgery wherein a surgeon replaces a damaged upper arm and the shoulder bone with artificial surfaces made from plastic or metal and plastic. The attachment is held in place with cement. An implant is used to allow new bones to develop into the joint component. In shoulder replacement, a long metal piece is inserted into the upper arm bone.

Shoulder replacement is all about providing relief, increasing function, and minimizing pain. For people suffering from chronic shoulder pain, there are many companies that manufacture shoulder replacement implants. Unfortunately, there are also companies that have manufactured faulty replacement devices. Doctors and patients have revealed that some replacement devices reportedly fall off after being implanted. According to the website of Williams Kherkher, the injuries associated with these defective implants include bone loss, instability, weakness, and unexplained pain.

Shoulder replacement is usually recommended when shoulder pain and loss of function has become severe that medicines and other treatments are no longer able to relieve pain. Using x-rays, doctors will check whether the bones and cartilage in your shoulder is damaged and will make sure that the pain is not coming from somewhere else. After the surgery, it is expected that the patient will feel much less pain and are expected to easily return to their normal daily activities.

Like any other major operation, shoulder replacement surgery also carries some risks. The patient may experience blood clots in a leg vein after the procedure especially if they are inactive. Blood clots can block flood flow from the leg back to the heart and move them to the lungs. Shoulder replacement may also cause bone fracture in the upper arm. This may happen either during or after the procedure.

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The Dangers of Defective Pharmaceuticals and Medical Devices

Today’s technology has made it possible for the field of medicine to gain access to a variety of advanced tools, devices, and medications in order to address the public’s most pressing health concerns. With the advancements made by pharmaceutical companies and manufacturers, some of the most serious medical conditions are now able to be properly treated or even cured. As such, these pharmaceutical companies have played large roles in leading innovations in health care and medicine.

Still, despite the huge role that the pharmaceutical industry continues to play in improving medical treatments, the companies leading these innovations aren’t always foolproof. Many of the leading pharmaceutical manufacturers have come under fire due to evidence of defective medications and devices that have put the safety of the public at risk. While government agencies such as the Food and Drug Administration are meant to catch these defects before being used on patients, there are moments when these errors aren’t caught until it’s too late. Of course, pharmaceutical companies are expected to step up and take action when this happens. They are supposed to issue a recall for their defective products and work on improving the errors found in them. Unfortunately, in many occasions, these calls for action aren’t typically heard. In some cases, they might even be purposefully ignored, with pharmaceuticals prioritizing profit over the safety of the public.

A common example of defective medical devices that are known to have affected a great majority of people is joint implants. Many brands have been scrutinized in court and top manufacturers have been asked to make payments to compensate victims of these dangerous products. Common complications associated with defective implants include metal toxicity and bone and tissue damage. Those that have experienced these complications firsthand are encouraged to contact a shoulder replacement attorney for appropriate legal counsel.

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Two most Commonly Performed Shoulder Replacement Procedures

According to the Agency for Healthcare Research and Quality, every year, about 53,000 people in the U.S. undergo shoulder replacement surgery. The first shoulder replacement surgery in the United States was performed in the 1950s; it was to treat severe fractures on the shoulder. Since then, shoulder joint replacement surgery has been performed for many other painful conditions of the shoulder, including relieving patients from different forms of arthritis.

Since then, in order to relieve patients from the painful conditions of the shoulder, including pains caused by any of the forms of arthritis, shoulder joint replacement surgery has been the option where medications and other non-surgical treatments are no longer helpful.

Shoulder replacement procedures are safe and effective procedures that relieve pain and enable patients to resume their daily activities (many patients, in facts, are able to play again the sports they love, such as swimming, tennis and golf). Two of the most commonly performed shoulder replacement procedures are Primary Total Shoulder Replacement or Short Stemmed Implant and Reversed Total Shoulder Replacement. The type of procedure and shoulder replacement implant a patient may have will depend on his/her doctor’s evaluation of his/her specific situation and health needs.

In primary total shoulder replacement, an implant which is designed with a stem that has a smooth, rounded metal head is used to replace the shoulder joint’s ball or humeral head; a smooth, rounded plastic cup, on the other hand, is used to replace the socket or the glenoid.

Reversed total shoulder replacement involves a reversal of the shoulder’s normal structure. The implant’s ball portion is rather attached to the scapula instead of to the humeral head, while the artificial socket is rather attached to the humeral head instead of to the scapula. This is the procedure often recommended for patients with compromised rotator cuff function.

As explained by a shoulder replacement lawsuit attorney, shoulder replacement surgery in, indeed, a popular corrective solution for those suffering from extreme joint pain or a limited range of shoulder motion. However, he/she is also aware that not all surgical procedures turn out as safe and effective as manufacturers promise due to defectively designed replacement devices. Thus, instead of increased function and minimized pain – the should be results of a replacement surgery, patients rather experience worsened pain, increased medical expenses, and the need for corrective surgery.

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