Author name: KervinLaw

car accident lawyer

18 Wheeler Accident Attorney Covington LA

Are you looking for an 18 wheeler accident attorney near you to represent you in a personal injury accident? If so, please read on.  It is important that you hire an 18 wheeler accident lawyer who is familiar with the applicable safety and insurance rules.  Knowledge of these rules is important because these are the rules the lawyer uses to help you in your personal injury case. I.  18 wheeler operators are regulated by federal law. The operation of an 18-wheeler on interstate highways is subject to federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA), which is a division of the U.S. Department of Transportation. Some of the key regulations that apply to the operation of commercial motor vehicles (CMVs) on interstate highways include: Hours of service: Drivers of CMVs are subject to limitations on the number of hours they can drive and are required to take breaks and rest periods. For example, a driver cannot drive for more than 11 hours in a 14-hour window and must have at least 10 consecutive hours off-duty before starting a new driving period. Weight and size limitations: CMVs are subject to specific weight and size limitations on interstate highways, which vary depending on the type of vehicle and the cargo being transported. Equipment requirements: CMVs must be equipped with certain safety features, including brakes, lighting, and reflectors, and must undergo regular inspections and maintenance. Driver qualifications: Drivers of CMVs must meet certain qualifications, including possessing a valid commercial driver’s license (CDL) and passing a physical exam. Drug and alcohol testing: Drivers of CMVs are subject to drug and alcohol testing, including pre-employment testing and random testing during employment. These regulations are designed to promote safety on the nation’s highways and reduce the risk of accidents involving commercial motor vehicles. The Federal Motor Carrier Safety Administration (FMCSA) is a division of the U.S. Department of Transportation that is responsible for regulating and overseeing the safety of commercial motor vehicles (CMVs), including trucks and buses, in interstate commerce. The functions of the FMCSA include: Developing and enforcing safety regulations: The FMCSA develops and enforces safety regulations for CMVs, including hours of service limitations, weight and size restrictions, and equipment requirements. Conducting safety research and analysis: The FMCSA conducts research and analysis on safety issues related to CMVs and uses this information to inform regulatory decision-making. Issuing and enforcing safety standards: The FMCSA issues safety standards for CMVs and enforces these standards through inspections and audits. Conducting safety education and outreach: The FMCSA provides safety education and outreach to CMV operators, carriers, and other stakeholders to promote safety awareness and compliance with safety regulations. Implementing safety programs: The FMCSA implements safety programs, such as the Compliance, Safety, Accountability (CSA) program, to improve safety performance and reduce the risk of accidents involving CMVs. Overall, the FMCSA plays a critical role in ensuring the safety of commercial motor vehicles and promoting safety on the nation’s highways. II.  What are drug and alcohol testing rules for 18 wheeler driver? Drug and alcohol testing rules for 18-wheeler operators are established by the Federal Motor Carrier Safety Administration (FMCSA) under the Department of Transportation (DOT). These rules apply to all drivers of commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) and operate in interstate commerce. The following are the drug and alcohol testing rules that apply to 18-wheeler operators: Pre-employment testing: All drivers must undergo drug and alcohol testing before being hired by a carrier. This testing must be conducted within 30 days before the driver begins operating a CMV. Random testing: Carriers must conduct random drug and alcohol tests of drivers throughout the year. The percentage of drivers to be tested each year is determined by the FMCSA. Post-accident testing: Drivers must be tested for drugs and alcohol after any accident involving a fatality or when the driver receives a citation and there is a bodily injury or vehicle tow. Reasonable suspicion testing: If a supervisor or manager has reason to believe that a driver may be under the influence of drugs or alcohol, the driver must be tested. Return-to-duty testing: Drivers who have tested positive for drugs or alcohol must undergo return-to-duty testing before being allowed to operate a CMV again. Drivers who test positive for drugs or alcohol are subject to immediate removal from safety-sensitive functions and must undergo evaluation and treatment before being allowed to return to work. The consequences for violating these rules can include fines, suspension or revocation of a CDL, and disqualification from operating a CMV. The legal citations for the response regarding drug and alcohol testing rules for 18-wheeler operators are as follows: Pre-employment testing: 49 CFR Part 40.25 Random testing: 49 CFR Part 382.305 Post-accident testing: 49 CFR Part 382.303 Reasonable suspicion testing: 49 CFR Part 382.307 Return-to-duty testing: 49 CFR Part 40.305 These citations refer to the specific sections of the Code of Federal Regulations (CFR) that establish the drug and alcohol testing rules for commercial motor vehicle drivers operating in interstate commerce, as enforced by the Federal Motor Carrier Safety Administration (FMCSA) under the Department of Transportation (DOT). Here is the regulation for post-accident testing under 49 CFR Part 382.303: “Each employer shall require a driver to submit to an alcohol test as soon as practicable following any accident as defined in §390.5 of this subchapter involving the loss of human life. Each employer shall require a driver to submit to an alcohol test within 8 hours following the accident unless the test cannot be performed during that period for reasons beyond the employer’s control. If the alcohol test is not administered within 8 hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. The record shall be signed by the person designated in §382.305(b)(1) and shall be retained for at least 3 years from the date of the accident.” This regulation requires employers to administer an alcohol test

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business litigation

Credit or cash – which is better?

I used to practice debtor-side bankruptcy law and would counsel people on a daily basis on the pros and cons of cash versus credit. Most people who came in my office thought that bankruptcy would hurt their credit, and that they needed a high credit score in order to buy a house and so forth. I would respond that it was the credit that usually got them into trouble in the first place. My advice was to focus on building your cash reserves first and the credit matters will take care of themselves.  

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business litigation

Should you go to law school?

Thought I’d post a short video on pros and cons of going to law school. There are over 1.3 million lawyers in the United States, with hundreds of thousands in law school waiting to storm the country with new lawsuits. Contrast that number to the only 16,000 or landscape architects in the US.  Meanwhile, there are less than 70,000 chiropractors in the US. On the other hand, there are about 1.1 million doctors in the country. That’s a lot!  Why do we have some many doctors and lawyers?  One simple answer:  money.  Or at least people think they make a lot of money. But the truth is, many doctors and lawyers don’t make as much money as people think.  Business people make far more money and create much more wealth than the titled professional class.  You never see a lawyer or doctor on the Forbes 100 list, not unless they started a company doing something else. But some trial lawyers do make a LOT of money.  Just take a look at the top 10 jury verdicts in the history of Texas, for example. But is that what’s needed in our country today?  Shouldn’t we as a country be focused on building and creating, rather than tearing down and destroying?  Something to ponder.

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trucking lawyer

18 Wheeler Trucks Have Different Rules Than Cars

18 Wheeler Truck Accident Cases are Different than Car Accident Cases. Thousands of trucks traverse the roads of Louisiana on a daily basis, playing a vital role in keeping our economy running. As essential as these drivers and their cargo may be, the large 18-wheelers and semi-trucks they operate can pose a significant threat to other drivers on the road. Despite advances in automotive safety technology, these features may not always be enough to protect against the devastating consequences of a truck accident. If you or a loved one has been involved in a truck crash in Louisiana, it is important to seek the support of a skilled and experienced truck accident lawyer. The attorneys at Kervin Law Firm understand the complexities of Louisiana law and have the expertise to advocate for your case against major trucking companies, insurance companies, or any other parties liable for your injuries. With a proven track record of successful results, we are dedicated to protecting the rights of our clients and fighting for the justice and compensation they deserve. At Kervin Law Firm, we take pride in providing personalized and compassionate representation to each of our clients. Our team of experienced attorneys will work closely with you throughout the legal process, keeping you informed and involved every step of the way. We understand the physical, emotional, and financial toll that a truck accident can take on a person and their family, and we are committed to helping you move forward and get the closure you need. If you are looking for a dedicated and experienced truck accident law firm in Louisiana, look no further than Kervin Law Firm. Contact us today to schedule your free consultation and let us fight for the justice and compensation you deserve. Causes of Truck Accidents in Covington, Louisiana Driver fatigue: One of the main causes of truck accidents is driver fatigue. Long hours on the road and lack of proper rest can lead to driver fatigue, which can cause drivers to make mistakes, such as falling asleep at the wheel or have delayed reactions, which can lead to accidents. This is particularly problematic for truck drivers who are often required to drive for extended periods of time without taking breaks. Distracted driving: Another major cause of truck accidents is distracted driving. Truck drivers are often required to use various electronic devices while on the road, such as GPS navigation systems, radios, and cell phones. This can lead to a driver taking their attention away from the road, increasing the risk of an accident. Additionally, other forms of distractions like eating, grooming, or even having a pet can also add to the risk of accidents. Reckless driving: Speeding, tailgating, and other reckless driving behaviors can lead to accidents, particularly when large trucks are involved. These vehicles are much larger and heavier than other vehicles on the road and require a longer stopping distance and more time to maneuver. Reckless driving by truck drivers can cause them to lose control of their vehicle, putting other drivers and passengers at risk. Improper vehicle maintenance: Trucks that are not properly maintained can experience mechanical failures that can cause accidents. This can include issues such as worn brakes, faulty steering systems, or malfunctioning lights. These types of issues are preventable with regular maintenance and inspections, but when they are ignored, they can lead to serious accidents. Weather conditions: Adverse weather conditions such as rain, snow, and ice can make it more difficult for drivers to control their vehicles, increasing the risk of accidents. These conditions can cause slippery roads, reduced visibility, and other hazards that can make it more difficult for truck drivers to navigate and control their vehicles. Furthermore, heavy rain or fog can make it difficult to see the road ahead, while high winds can make it hard to maintain control of a large truck. Common Truck Accident Injuries Traumatic brain injuries: One of the most serious truck accident injuries is traumatic brain injury (TBI). These types of injuries can occur as a result of a blow to the head or a penetrating injury to the skull. They can range from mild concussions, which can cause symptoms such as headache, dizziness, and confusion, to severe, permanent brain damage. TBI can lead to long-term cognitive, physical, and emotional effects, such as memory loss, difficulty concentrating, and changes in mood or behavior. Spinal cord injuries: Truck accidents can cause damage to the spinal cord, which can result in paralysis or loss of sensation in the limbs. These types of injuries can occur when the spinal cord is compressed, stretched, or severed. They can lead to permanent loss of movement or sensation in the affected area, as well as chronic pain and other complications. Whiplash: This type of injury occurs when the head and neck are quickly jerked forward and backward, resulting in strain and injury to the muscles, tendons, and ligaments in the neck. Common symptoms of whiplash include neck pain, headaches, and stiffness. These symptoms can be debilitating and may take weeks or even months to fully heal. Fractures: Truck accidents can cause a variety of fractures, including broken bones in the arms, legs, ribs, and pelvis. These types of injuries can be extremely painful and can lead to long-term mobility issues, such as difficulty walking or using the affected limb. Internal injuries: These types of injuries can include damage to the organs, such as the liver, lungs, and spleen. They can be life-threatening and require immediate medical attention. Internal injuries can occur as a result of blunt force trauma or penetration from broken glass or debris. They can lead to bleeding, infection, and other complications. Burns: Some truck accidents can also lead to burning injuries, which can be caused by the truck catching fire or from chemical spills from the truck. These types of injuries can range from mild to severe and can cause long-term scarring, disfigurement, and chronic pain. Soft Tissue Injuries: Truck accidents can cause injuries to the

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debt lawyer

Will bankruptcy save Alex Jones ?

I used to practice bankruptcy law and also have experience with defamation cases. And so I thought it would be interesting to look into the recent personal Chapter 11 bankruptcy petition Alex Jones just filed to try and reduce or avoid the historic jury verdicts which were recently handed down. Here is a YouTube video I just posted on this topic: https://www.youtube.com/watch?v=RNytIoM2l14&t=33s

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