18 Wheeler Accident Lawyer: Causes and Prevention of Big Rig Wrecks

Posted on 4/6/13 by Pat Maloney

According to the National Highway Traffic Safety Administration, truck accidents killed more than 3,600 people and injured another 80,000 in 2010 alone. Unfortunately, many of these accidents were likely preventable. Help prevent these accidents from happening to you and your loved ones by learning more about truck wrecks from 18 wheeler accident lawyer Pat Maloney.

Common Causes of Truck Wrecks

According to 18 wheeler accident lawyer Pat Maloney, semi-truck and big rig wrecks can happen for a number of reasons. Some may be attributed to the truck driver themselves, while others are the fault of the other driver or party involved.

Truck drivers often get in wrecks by:

Not receiving adequate training or licensing.Driving drowsy, especially after working long hours or at night.Speeding, in an attempt to meet strict work schedules.Failing to maintain their truck or trailer.Driving distracted, using their cell phone, texting, or eating.Making a traffic error.Using drugs or consuming alcohol before driving.Inadequately securing or balancing their cargo or load.

Other drivers can cause these wrecks by:

Driving in the blind spots of large trucks and big rigs.Making a left turn in front of an oncoming truck at a crossroad or intersection.Changing lanes too quickly in front of a truck.Merging onto a highway in front of a truck.Unsafely passing a truck or failing to signal before passing.Failing to change speed accordingly when a truck merges or gets in front of a vehicle.

Truck wrecks are often caused by defective equipment, brake failure, or other problems within the vehicle as well. If you’ve been the victim of a recent truck wreck, contact 18 wheeler accident lawyer Pat Maloney today to discuss your legal options.

Prevention of Big Rig Wrecks

Many times, truck accidents can be prevented. In order to avoid getting in a truck wreck of your own, follow these tips from 18 wheeler accident lawyer Pat Maloney.

For truck drivers:

Never drive drowsy. Always adhere to the rules of service regulations and never push yourself just to meet deadlines. If you’re feeling tired, pull over to the side of the road and take a nap before continuing on.Be aware of your blind spots. Be aware of where cars are around you at all times, especially when preparing to change lanes or pass another vehicle.Keep your distance. Never follow another vehicle too closely. Trucks take a much longer time to stop than traditional passenger vehicles. If the truck in front of you is forced to stop quickly, you could rear-end them.Maintain your truck. Ensure your vehicle is properly inspected and in working order before each and every trip. Additionally, make sure any and all cargo is securely fastened and balanced in your trailer.

For drivers of nearby vehicles:

Avoid driving along the sides of trucks or directly behind them; these are the driver’s blind spots. If you are forced to drive in these areas, make sure you signal first, and that you make efforts to change lanes as soon as possible.Never cut off a truck, and be careful when merging in front of one on a highway.If you see an unsafe truck driver, call the number listed on their truck to report the behavior.Steer clear of trucks that are turning. Big rigs have a large turn radius and have to swing wide before making a turn; if you’re too close, your vehicle may be right in the truck’s path.

Were you recently injured in a truck wreck? You could be due compensation. Call 210-226-8888 to discuss your legal options with an 18 wheeler accident lawyer at the Law Offices of Pat Maloney.

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OSHA Construction Safety 101

Posted on 5/25/13 by Pat Maloney

OSHA has standards and regulations for all employers, no matter what industry they’re a part of. There are, however, a few sectors considered more dangerous than most. For these, OSHA has created industry-specific safety standards all employers must follow. One such industry is construction. According to the Bureau of Labor Statistics, nearly 4 percent of all construction workers are injured on the job every year. Due to this high rate of injury, there are numerous OSHA construction safety standards all employers in the industry must follow.

Some highlights of these OSHA construction safety standards include:

First aid and medical care must be made available and easily accessible for all employees. If there is no hospital or physician reasonably accessible to the construction site, a person with valid first aid training must be on site at all times.All fire protection equipment must be maintained, and fire extinguishers must be made available. The employer also should have a fire protection program in place.All work areas, passageways, and stairwells must be kept clear of scraps, nails, and debris.Any combustible debris must be removed regularly, and a safe means for its removal must be provided.There should be on-site containers for hazardous or flammable waste. These must be kept separately from other waste and trash, and be fitted with a cover.All construction areas, stairs, ramps, shops, storage areas, and offices must be lit with natural or artificial lights while work is in progress.Protective equipment and gear must be provided for all employees. This includes equipment for the eyes, face, head, and extremities, as well as protective clothing, respiratory devices, protective shields, and more.There must be an adequate supply of water in all places where workers are present. Water containers should be marked as such and used only for water and no other liquids.Toilets and urinals must be provided on site. When there are 20 employees, there must be at least one toilet. For 20 to 200 workers, there must be one toilet and one urinal for every 40 workers. If there are 200 or more workers, there must be a toilet and a urinal for every 50.All power tools and equipment must be maintained and kept in good condition. All belts, gears, shafts, pulleys, and other moving parts of these tools must be guarded, to prevent employee contact.All scaffolding should be able to support its own weight, as well as at least four times its maximum intended load.All ramps and walkways more than six feet above ground must have guard rails in place.Any equipment or vehicles left unattended must be fitted with reflectors or lights.All vehicles on the site must be equipped to emit a signal when reversing.

There are hundreds more OSHA construction safety standards, covering everything from the demolition of chutes and the use of explosives to on-site cranes and training requirements.

Violations of OSHA Construction Safety Standards

Since construction sites are such dangerous places, it’s crucial that employers follow the OSHA construction safety standards to the letter.  If they don’t, they may be issued a violation from OSHA, which will require them to amend the issue. If the employer fails to fix the issue, they may be issued additional violations, or they could face fines or jail time.

OSHA has the authority to conduct random inspections and ensure employers are following all safety regulations. They also may conduct inspections in response to employee complaints.  Any employee who sees safety hazards or risks on their job site should get in contact with their local OSHA office immediately.

After an Injury

Were you hurt because your employer failed to follow OSHA construction safety standards? Call the Law Offices of Pat Maloney at 210-226-8888 today.

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Employer Responsibility: Ensuring Safety on Construction Sites

Posted on 4/12/13 by Pat Maloney

Construction is a dangerous line of work. In fact, according to the Bureau of Labor Statistics, in 2011, it was the second most dangerous industry in the country, second only to transportation. There were more than 700 construction-related fatalities that year and, on average, four out of every 100 workers suffered an injury. Because of the high rates of injuries and fatalities associated with this line of work, there is an employer responsibility to provide employees with a safe, hazard-free work environment.

The Occupational Safety and Health Administration even outlines several standards and practices for employers in the construction industry to follow; these address everything from equipment and tool maintenance to fire safety precautions and first aid. Failure to follow OSHA’s standards for employer responsibility can result in a citation, fine, or jail time.

Workers can also do their part to keep the workplace safe by:

Putting up all tools and equipment safely and securely after using them.Never operating machinery or equipment they are not trained to handle.Always wearing protective gear, including gloves, a hard hat, closed toe shoes, and more.Reporting any unsafe conditions immediately to a supervisor or the local OSHA office.Fully inspecting scaffolding and ladders before climbing up.Being careful when getting on or off equipment, especially near roadways or on slopes.Never working while under the influence of alcohol or drugs.Always lifting with the knees, not the back.Knowing where all first aid kits and fire extinguishers are on site.

If you were injured on a construction site because employer responsibility was not met or because of the negligence of a coworker or other third party, you could be due worker’s compensation or have grounds for a legal claim. Call 210-226-8888 to discuss your options with an attorney at the Law Offices of Pat Maloney today.

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Truck Accident Law Firms: Sorting the Good from the Bad

Posted on 4/27/13 by Pat Maloney

When you’ve been hurt in a truck accident, you need to connect with a lawyer – and fast. A lawyer can help ensure you’re compensated for the injuries and damage caused and that you’re not stuck footing the bill for something that wasn’t your fault. Unfortunately, there are thousands of truck accident law firms out there. How can you be sure you’re getting the right one? What should you look out for when sorting the good firms from the bad? Simply follow our handy guide to choosing truck accident law firms below.

Look for truck accident law firms with experience. First and foremost, you want a law firm that has extensive experience in handling truck accident cases. They should have managed hundreds of cases, have years of practice under their belts, and know the ins and outs of truck accident laws and regulations like the back of their hand. This will best ensure your claim goes quickly, smoothly, and efficiently and also that you receive the maximum compensation possible. In addition to having experience in truck accident cases, you also want to be sure they have experience both in settling cases out of court and in a trial setting. You never know what your claim may require, so you need to be sure you have the utmost experience and knowledge on your side.Keep an eye out for board certification. If you really want to sort the good truck accident law firms from the bad, be on the lookout for lawyers who are board certified. Board certification shows that the attorney has a high level of knowledge, expertise, and dedication to their specific field. They’re committed to serving their community, they’re highly regarded by their peers, and they’re dedicated to continuing their education. Only a select few lawyers in the state have this level of recognition. In the case of a truck accident, you’ll want an attorney who is board certified in personal injury law. With them on your side, you’ll have the greatest chances of success in your claim.Steer clear of firms without testimonials or reviews. A lack of client testimonials or reviews is one of the biggest red flags you can come across when searching for truck accident law firms. Client reviews and testimonials show that a firm is vouched for: that their past clients and customers have been satisfied with their work and seen real, viable results. If a firm you’re considering doesn’t have any testimonials or reviews from past clients on their website or marketing material, it may be time to start looking at other options.Seek out firms with local connections and knowledge. You want to be able to get your case wrapped up quickly, so you can pay your medical bills, repair costs, and more. There’s no better way to do that to make sure your attorney has the right resources and connections to pull from. They should have relationships with local experts, in case you need a medical expert witness or other type of testimony, and they should be well-acquainted with the process of requesting police reports, trucking logs, and other pieces of evidence in your area. Additionally, they should know the local legal scene and be familiar with area judges, attorneys, and courts. All of this can help your case be more successful and profitable overall.

Are you having trouble find good truck accident law firms in your area? Then you need the Law Offices of Pat Maloney. With more than three decades of legal experience under his belt, Pat Maloney can help you see success in your truck accident claim. Call us today at 210-226-8888 to get started.

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Employer Responsibility: Ensuring Safety on the Job

Posted on 5/20/13 by Pat Maloney

No matter what type of industry you work in, there is an inherent employer responsibility to provide you with a safe and hazard-free working environment. Your employer should establish and enforce workplace safety protocols and abide by all standards set forth by the Occupational Safety and Health Administration, or OSHA. Failure to do so can result in dangerous and even life-threatening injuries and accidents to you or your fellow workers.

OSHA and Employer Responsibility

According to the Occupational Safety and Health Act of 1970, all employers have a responsibility to provide a “safe and healthful” workplace. In order to ensure this, OSHA has established hundreds of safety standards for employers to abide by. There are specific standards set forth for employers in the construction, maritime, agriculture, and recordkeeping industries. If an employer does not comply with OSHA standards, they can be issued a citation and, if the error is not corrected, even face fines or jail time.

When Injury Occurs

Even though there is employer responsibility to provide a safe workplace, this unfortunately does not always happen. In fact, according to the Bureau of Labor Statistics, in 2011 alone, there were nearly 3 million workplace injuries and 4,600 job-related fatalities in the United States.

When a worker is injured on the job, they may be eligible to apply for workers’ compensation benefits or, if their employer does not have workers’ comp coverage, file a civil claim against the at-fault party. If a worker is killed in the line of duty, their survivors may be due the benefits of these claims instead.

Getting Help

Were you hurt on the job because your employer failed to provide a safe workplace? Then you could be due compensation through workers’ comp or a civil claim. Call the Law Offices of Pat Maloney today at 210-226-8888 to begin discussing your legal options.

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Tips for Filing a Successful Third Party Insurance Claim

Posted on 5/9/13 by Pat Maloney

When you’re in a wreck caused by another driver, you’ll need to file a third party insurance claim. A third party insurance claim is filed with the other driver’s insurance carrier and can compensate you for your car repairs, medical bills, and any other costs you’ve incurred because of the accident. Unfortunately, all too often, insurance companies offer victims a low-ball settlement amount – something much less than they are actually due.

Were you in a wreck? Follow these tips to ensure your third party insurance claim compensates you as much as possible:

Make sure to file an accident report with the police. These reports are an integral piece of evidence in insurance claims and can help prove the other driver’s fault in the wreck.Be thorough when getting information from the other driver. Get details on their insurance carrier and policy number, full name, address, phone number, license plate, driver’s license number, and more.Get the name and phone number of anyone who may have witnessed the accident. They can help testify on your behalf if necessary.Contact an attorney who specializes in accident law. They can ensure you don’t settle for less than you’re due.Take photographs of the accident and any damage done to your vehicle. These can be used as evidence in the claim.Write down detailed notes about the accident while they are still fresh in your mind. This can help ensure you don’t forget anything important as time passes.Save any bills or receipts related to your injuries or the damage to your car. These can be used to assess how much you are due in your claim.Get your car evaluated by an independent auto garage – not one recommended by the insurance company.

Following these tips can give your claim a better chance of success. Need more help or guidance in filing your third party insurance claim? Call the Law Offices of Pat Maloney at 210-226-8888 today.

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