Category: Legal

Loose Cargo Can Mean Legal Liability For Trucking Companies

For those involved in trucking management, loose cargo can be a big deal. When there is spilled cargo on a roadway, there are boundless financial implications for trucking companies as well as the possibility of costly legal liabilities.

Loose cargo on the roadways is usually a concern for flatbed trucks. However, van trailers can experiences this issue also. Because of the loose cargo risk, a trucking company must carry liability insurance to the tune of at least $1 million. Lawyers are well aware of this legal requirement, so anytime there is a trucking accident lawsuits against the trucking company are common.

The issues of loose cargo has resulted in a new specialization in the legal field. If you do a Google search using the words “loose cargo,” you are likely to see a long list of attorneys ready and willing to represent those who have been involved in accidents with an errant freight. One lawyer in Texas has gone so far as to bill himself as the accident attorney for flatbed trailer trucks. Can you imagine the title on his business card?

After being involved in the industry for so long, I have my share of loose cargo stories. One such experience involved a driver who was transporting a load for me on a van trailer. The load consisted of steel parts that were supposed to be placed securely on pallets. The parts were heavy but were not high in volume. Unfortunately, the driver did not secure the load correctly. He took a turn off an off-ramp too quickly and the load shifted sides causing the truck to tip over. This created quick a headache for my company and quite the financial ordeal.

If you’ve done any cross-country driving or extensive interstate driving, you’ve no doubt noticed officials from the Department of Transportation inspecting big rigs on the roadside. Inspections of this nature are usually focused on equipment and freight. But oftentimes, DOT officials will issue fines for cargo that is not secured properly or other lapses in security related to hauling cargo.

Another incident I can recall involved a driver who was transporting steel coils. The driver was exiting on an off-ramp that led to another highway. Again this driver took the turn too quickly and the flatbed trailer rolled to one side and hit a concrete wall. Concrete debris flew everywhere across all lanes of traffic causing damage to more than forty cars.

Thankfully in this scenario and the previous one mentioned there were no injuries, but this type of incident is a nightmare for a trucking management company. Securing cargo properly is a big deal in the trucking industry. When done improperly, safety is compromised and legal liability is likely.

Make Legal Document Duplication And Litigation Copying Part Of Your Sop

Part of litigation proceedings is the management, collection, and duplication of papers. Legal document duplication is an important aspect of legal proceedings because privacy policies are of high value for law offices and all parties involved. Any documents gathered before, during, and after any litigation process are scanned, copied, filed, and duplicated so that the entire litigation process goes smoothly.
Legal document duplication is the reproduction of legal files such as lists of evidence, subpoenas, interview transcripts, audio and video recordings, among others. This process is also known as litigation copying. Litigation copying is not like the normal process of reproducing papers. There’s a little more work involved. For instance, each duplicated legal copy has to be properly labeled and stamped so it doesn’t get mixed up with the originals. Law firms usually have their own stamp so they know that the copy is true and legitimate.
Legal scanning is also a standard procedure for litigation copying. Black and white papers, as well as colored graphics and pictures are scanned, labeled, and then indexed so other copies may be given to all parties.
CopyScan is one good example of a legal document duplication company with 10 years of experience. They offer fast copy, legal scanning, and audio/video duplication services for the everyday needs of law offices. CopyScan also uses Scan to File system that allows direct copying of scanned documents into your computer’s registered IP address for quick access to these legal documents. Scan to File is one of the fastest and secure means for legal scanning and duplication available in the software market.
CopyScan also supports attorney services by providing some parts of the litigation process. Litigation services include the legal scanning and duplication of files from the opposing counsel, and CopyScan does just that. Other litigation services include centralized paper depository, imaging, OCR and OWR, manual and auto-coding, and database creation and indexing. You may also ask if they offer opposing counsel services so you don’t have to go to another company for the duplication and delivery of litigation files.
Legal copying and duplication also covers conversion of old format files into newer formats. Cassette tape recordings can be converted to audio CD files and VHS tapes can be converted to digital CD or DVD file formats.
Any kind of document can be duplicated at any time. You can even ask CopyScan to make scan and make copies of large documents like blueprints and land surveys. They also offer X-ray services for medical files and documents that require x-ray copies.
CopyScan is HIPAA compliant so you know all procedures are done based on standard operating procedures. Legal copies cannot be left to non compliant companies because you are sure to risk privacy and security of everyone involved.
A good litigation copying service company should be able to provide fast and immediate service for law firms since most, if not all, need to have legal document duplication everyday. What you need to look for (aside from HIPAA compliance) is the ability for fast copy, digital printing, and systematic indexing standards.

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Asbestos legal victory could help UK school pupils

The story behind the new landmark legal ruling which acknowledges the threat of asbestos exposure in UK schools, expert reaction to the verdict and some statistics about asbestos in schools

School is the place where you expect to be nurtured and protected while learning the skills to equip you for a full and active life.

So it is frightening to think that in the 1970s many children were innocently playing and learning in classrooms situated near asbestos.

No win no fee solicitors such as Claims Direct are experts at helping people who have been exposed to asbestos receive the compensation they need and deserve. And a recent court ruling means that they can help many more people whose lives have been blighted by asbestos.

The deadly mineral was used as a building material until it was banned completely in the late 1990s – too late for many pupils, and teachers, who were exposed to it.

Dianne Willmore is just one of many pupils who studied in a classroom near asbestos. But what makes her unique is that she recently became the first person to be awarded compensation because she was exposed to asbestos while at school.

Bullies

Mrs Willmore suffered from malignant mesothelioma after coming into contact with asbestos dust found on roof tiles at Bowring Secondary School in Huyton, Liverpool, when she was a pupil there in the 1970s. School bullies, a court learned, would hide other pupils’ bags among the ceiling tiles. The mother-of-two died in 2009, aged 49: a sobering reminder of how long it can take for the symptoms of exposure to asbestos to become apparent and have deadly consequences.

A Supreme Court judge ruled that the Wrexham-based Tesco worker was entitled to 240,000 – making her the first person to receive compensation after being exposed to the substance in a school.

Appeal

Tragically, she died the day after the award was made and was not alive when Knowsley Council appealed against the decision; action which meant the award was frozen.

The council argued in the Supreme Court that they should not be held liable for a pay-out since there was no proof that Mrs Willmore’s exposure to asbestos had -doubled- the risk of mesothelioma.

Seven Supreme Court justices carefully considered the council’s argument and last week, on March 8th 2011, unanimously rejected it.

The verdict could pave the way for other people exposed to asbestos in schools to receive the compensation they need and deserve – there is now no requirement for a claimant to prove beyond reasonable doubt that there was a doubling of the risk.

Solicitor Ruth Davies, who represented Mrs Willmore’s family, believes that the council were trying to change a law so that -fewer people who are dying can get properly compensated-.

Mrs Willmore’s taxi-driver husband Barre was pleased that his wife knew on her deathbed that her family would be provided for and relieved that she wasn’t aware of the appeal which delayed the compensation.

He said: “Dianne always thought she was a very ordinary person. But this case has shown that she wasn’t. By fighting this case she made all the difference.-

A Knowsley Council spokesperson commented: -It has always been clear that Mrs Willmore suffered from a severe illness which was caused by exposure to asbestos and the council is, and always has been, extremely sympathetic to Mrs Willmore and her family.-

Read the full version of this article to find out other reaction to the verdict and to access a list of relevant statistics about asbestos in schools