Schneider Tries to Hide the Ball in Litigation
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Posted on October 14, 2011 by Morgan Adams
I have not been able to post recently as I am up to my eyeballs in litigation. I am shocked these days about how hard I have to fight to obtain information, even simple information, from trucking companies. This is information that just a few years ago was routinely provided to me without a fight.
Recently, in a pending case I have against Schneider National Carriers, I actually had to file a motion to compel discovery in order to obtain a user manual for a computer system. This is a computer system that is commercially sold. Everyone that gets the computer gets a manual. The manual is not a secret, and I shouldn't have to fight to get it. Schneider wont even provide me the INDEX of the commercial programs it uses without an order of protection.
What are they trying to hide? Well, we believe lots, but that's for another day.
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Ben Named "Washington DC Best Lawyers Personal Injury Litigation Lawyer of the Year"!
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Posted on Oct 21, 2011
What does it feel like to be named, “Washington DC Best Lawyers Personal Injury Litigation Lawyer of the Year” for 2012? Well, ask Ben Glass because he has recently received this honor!
Best Lawyers is considered the oldest and most respected peer-review publication in the legal field. The publication now designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only one lawyer per specialty in each community is honored as the “Lawyer of the Year.”
Ben was chosen as “Lawyer of the Year” after receiving particularly high ratings in Best Lawyers’ surveys. That means he has earned a high level of respect among his peers for his abilities, professionalism, and integrity.
Ben is not your average attorney. You will not hear him make unrealistic promises or use statements that other attorneys love to shout, like “we’ll fight for you!” or “we have XX years of combined experience!” Instead, Ben is focused on providing information and education to those who have been harmed by negligence. Simply order one of his free books, or watch the many informative videos on his website and you will see what Ben is all about. back to top
Schneider Tries to Hide the Ball in Litigation
AppId is over the quota
Posted on October 14, 2011 by Morgan Adams
I have not been able to post recently as I am up to my eyeballs in litigation. I am shocked these days about how hard I have to fight to obtain information, even simple information, from trucking companies. This is information that just a few years ago was routinely provided to me without a fight.
Recently, in a pending case I have against Schneider National Carriers, I actually had to file a motion to compel discovery in order to obtain a user manual for a computer system. This is a computer system that is commercially sold. Everyone that gets the computer gets a manual. The manual is not a secret, and I shouldn't have to fight to get it. Schneider wont even provide me the INDEX of the commercial programs it uses without an order of protection.
What are they trying to hide? Well, we believe lots, but that's for another day.
Trackbacks (0) Links to blogs that reference this article Trackback URLhttp://www.truckinjurylawyerblog.com/admin/trackback/261350
Changes in the regulation of the trucking industry change truck litigation
Truck accidents are the most deadly of all vehicle accidents. Although trucks represent a small minority of the total number of vehicles on the streets, Gesamtmasse(n) accidents represent a disproportionately high number of serious accidents.
The death toll in a truck accidents is almost 63 percent higher per mile driven than for all other motor vehicle accidents after federal carrier engine Safety Administration (FCMSA). The typical commercial truck accidents is also associated with the economic cost almost $100,000 per accident.
The high human and financial resources of commercial truck accidents fatalities means that injuries often suffer catastrophic injury or wrongful death of a beloved truck accidents victims in Georgia. If a family by devastating injuries suffered or the loss of a beloved, it takes an enormous emotional and financial strain. This means that the victims of violations and/or the family of the victim typically energy and attention towards questions relating to litigation, to reroute lost wages, massive medical bills, and uncooperative insurers. A person or a family trying to address these problems at the overcoming of physical pain and emotional battles can the victim or the family is exploited by unscrupulous insurance companies if the victim or the victim's family is the most vulnerable lead. The experienced Gesamtmasse(n) accident attorneys in Montlick and staff have eagerly seeks the best possible result for articulated lorry accident victims for over 28 years in Atlanta and very Georgia.
While increased regulation and more accurate reporting made safer the trucking industry, they have also a premium set, work on semi-trailer accident victims with experienced semi-trailer accident lawyers who understand the unique, safety standards and reporting rules for the trucking industry. In 2010 the FCMSA the compliance security accountability (CSA) program launched to provide more stringent standards and safety for the commercial trucking industry. These new standards additional information available and additional safety requirements, a commercial truck action in Georgia could be means that there will be. These new standards affect commercial truck litigation in the following areas:
Improved coverage of security Violation more information available for pre-employment ScreeningWider availability of data from integrated data recorderA plaintiff in a commercial truck for personal injury or wrongful death semi-trailer action now has access to improved data on the safety and violations of a truck company. The new system of reporting problems and violations of safety provides information on crashes reported that the State and roadside inspections, including security violations and the federal motor of census data. The experienced Georgia Gesamtmasse(n) accident lawyers Montlick and associates file freedom of Information Act requests for this important data in the investigation of the client collision with a tractor.
The current system of evaluation of the safety records of commercial truck company is called safety measurement system (SMS) and evaluates truck security company records in seven critical categories, including:
Vehicle MaintenanceUnsafe-DriversDrug or alcohol use by DriversNumber the population CrashesDriver FatigueIssues with hazardous material or other freight of problem fitness problems with driver (i.e., health or disease)The commercial carrier is issued an assessment based on his record in these seven critical areas of 2 year (24 months). The valuation of a truck company received is based both on his violations of security and the history of accidents, based on the above factors. Each truck companies get is one of the three classifications "continue to operate", "slightly" or "inappropriate."
There were further changes during the past 12 months, concerning litigation semi-trailer. Another important change truck sectoral rules last year was a new pre-employment screening program (PSP). The program allows truck companies, information obtaining potential employees, including three years inspection and five years of crash data. The driver has the right, call this record driving details of their own so our semi-trailer accident attorneys generally data of the transport company or the driver's possession be request during the detection process. There were also significant changes for the availability of data on board recorder information as with 10 percent or higher hours service raises an error in their logbooks each institution must provide their trucks with these data recorder.
The core is that it can show major changes, the critical that took part in an action against a commercial transport company in Georgia. Our Atlanta office Gesamtmasse(n) treated accident truck accident cases throughout Georgia. We carefully monitor changes in the laws, regulations and industry practices, so that we can offer our customers of the best possible legal representation in Gesamtmasse(n) litigation. It is important to consult so that valuable information can be obtained as soon as possible after an accident with us can.
Our Atlanta truck accident lawyers are the customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta to help Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come even to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
Impact of new data recording program on accident rates and litigation
An interesting new program was introduced by Allstate Insurance, which includes the installation of a device on vehicles, which should include data on the driving practices of the policyholder, in an attempt, the reduction of accidents by policyholders. While participation in the program is voluntary, to policyholders participating discounts based on the results of recorded data and can not be punished. The device monitors and record data for car accident relevant as distance sudden braking and speed,.
Policyholders, the less miles to go and engage us in secure discounts driving practices could be on their premiums. The program is currently only in a single State but it tested are plans to expand the programme at national level. There is also speculation that the program is probably introduced by other insurance companies. The hope is that the programme results in safer driving practices and a reduction in the serious car accidents.
Montlick and Associates, attorneys at law, we already have the victims of car accidents, which are seriously injured and families of drivers, wrongful death, for more than a quarter, suffer a century. We are working hard for our customers get them compensation that they deserve, and cases in Atlanta and the entire state of Georgia.
This device appears frequently in tractor similar to onboard black boxes, the data allow trucking companies of practices and analyze potential problems or issues used. The onboard recorders in trucks can prove extremely valuable in a truck accident case. Connection with Allstate, with them in cars is unclear at this stage whether this type of device will actually have behavior on the trip. There are also questions how the data may be used. If insurance companies begin to use these devices, or if they are otherwise installed on vehicles, this may provide a variety of information available that would be relevant in the case of a car accident. It will be interesting to see how this data to handle of a car accident, in particular because an insurance company installed the devices. You have questions whether auto insurance companies will try to protect practice driving harmful data on their insured representing auto accident victims from discovery by lawyers.
It's easy to the recorded data is present, which indicates that a driver was accelerated immediately before an accident or following so closely that suddenly the driver on the brakes popped in an attempt to avoid a collision. This harmful data a car available would put information that usually not would want an assurance undertaking the lawyer of the victims. In commercial truck accidents, this problem already exists, and Georgia truck accident lawyers must send spoliation letters to advise truck companies need to be persisted to the data due to the pending litigation. If this data recorder common, may be Georgia car accident lawyers send similar letters to insurance carriers car.
It will be interesting to see whether this type of data recorder have a handling and reduce car accidents. However, it would certainly help, explain the cause of accidents and provide valuable information on accident reconstruction experts after a car accident. The lawyers of Montlick and Associates plan, this new technology closely, because it could be a very valuable tool in future auto accident litigation. Car accident lawyers are our experienced Georgia for customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, helping Warner Robins and all the smaller towns and rural areas in the State. No matter where you are we are only a phone call away, and we come to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
Slip and fall case shows potential litigation challenges
If a person incident on business premises of another person suffering from severe injury or wrongful death in a slip and fall, most families accept that they enforce process for the death of their beloved. However, slip and fall legal or factual obstacles may face to accident victims. There are a number of factors, the impact on the likely result in a slip and fall accident and can make it more difficult to reign in a settlement or process. A recent example is set Klairmont v. Gainsboro restaurant Inc., a case in the Northeastern University student had a fatal crash on the steps of Boston bar.
Unfortunately, there were no witnesses, and the student, Samuel Freeman, was intoxicated at the time of the accident. Although the student was killed tragically, the lack of evidence was loss in court to his estate. If you are severely injured in a Georgia slip and fall accident or your favourite wrongful death is, are your loss eligible for compensation. The experienced Georgia slip and fall attorneys in Montlick and Associates, were aggressive best interests follow the Georgia injury victims for more than 27 years. We work hard for our customers in our ongoing objective to the top personal injury law firm in Georgia.
Georgia law requires certain facts are established, in a slip enforce and fall case. The person your injuries cause must have owed you a duty, that duty injured and it causes injury. The key is that the victim must establish, that the injury of the other person resulted behaviour. Georgia's comparative negligence law provides that your own negligence or carelessness contributed to your injury, receive the compensation will be reduced in relation to your debt. If you were less than 50 percent debt for your injury, you can demand still reduced compensation, but if they were made more than 50 percent error, you get nothing.
In a case such as Samuel Freeman blamed his drinking before the accident it to some extent for the accident. Freeman argues, that he by a curtain leads the stairs to a service area of the bar vinyl. The Defense noted that Freeman had been sober, he probably would have seen that there was nothing behind the curtain and would not have tried, lean against it. Freeman's own negligence on his drinking and lack of awareness of its surroundings rather negligent had it after Georgia right. All Georgia inhabitants have to be aware, that they should exercise reasonable judgement in avoiding dangerous situations.
Another common challenge in Georgia slip and fall cases is a lack of evidence with regard to the accident. It is very easy to claim that someone else caused an injury negligence, but it may be hard to prove. The lawyers for Freeman's estate claimed that he downstairs, fell when he tried to reject vinyl curtain at the top of the stairs. Forensics experts for the defense argued that Freeman had was the stairs ascending from Keller when he he was trespassing and cut which would have meant duty of care to Freeman fell. However, pub employees testified that patrons were routinely allowed close to the stairs. Although this is an indication that Freeman can have no domicile, it raises the question why others were not like the stairs before Freeman's accident. It is easy to prove that a violation has occurred in an accident slip and fall, but absent witnesses or visual documentation to determine how or why it came can be difficult.
Despite the evidence of an accident and a plausible theory that it was the pub for negligence that caused it, Freeman's estate lost the infringement complaint. You however win at the request of a consumer, the only rarely in the most applicable slip and fall cases. Not every personal injury case must clear proof that damage is potentially only responsible party. While serious case caused his death Samuel Freeman, his case was not strong because of the lack of witnesses and his own negligence (i.e. noise). Evidence of the injury alone is not enough to assert in a Georgia slip and fall, or damage will receive a full measure.
Our experienced Georgia slip and fall lawyers are carefully examine your accident for physical evidence and witness testimony. We use the evidence we discover to develop the best strategy for your slip and fall claims. We will evaluate problems also comparative negligence. Our aim is to develop of an effective strategy in your slip and fall case so that we can get the best possible result on your behalf. Montlick and Associates is available to customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
