Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability
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Reducing liability issues related to trucker fatigue

Fatigued trucking is a huge issue that can lead to considerable losses for the liable parties if the trucker slams into another vehicle. Employers must ensure that they have proper protocol in place to address this possibility. While this might not do much to address current lawsuits against a company, it can reduce the likelihood that the business will have to deal with a liability issue in the future.

One of the primary things that you must do is to ensure that any trucker in your fleet knows that they are bound by the Hours of Service regulations. These set specific limits for how long they can drive, but there are also some that set limits on total work hours when the trucker does non-driving work. Compliance with the Hours of Service regulations are usually monitored through the use of log books, which are now primarily electronic.

Burnout could increase the chances of medical malpractice claims

When many people enter the health care industry, they have the dream of helping people. Of course, after they finish school and land their jobs, they soon come to find that their positions are not as fulfilling as they had hoped. In fact, many Texas health care professionals find themselves at risk of facing medical malpractice claims.

Recent reports indicated that a substantial number of individuals in the health care profession are facing burnout early on in their careers. Doctors, nurses and those in similar positions become more error-prone and more likely to suffer from depression, emotional exhaustion, cynicism and loss of enthusiasm, due to substantial workloads, pressure and the chaotic environment in which they work. In fact, 60% of medical students and residents indicated that they experience burnout, and between 35% and 54% of doctors and nurses experience burnout as well.

Lack of payment for construction leads to commercial litigation

While most company owners hope that interactions with outside parties go well, they understand that disputes could arise. Of course, they often set out with the intention of having new business relationships go well, especially if a company is hired by another company to perform certain duties. Unfortunately, if the hired company does not receive its proper compensation, commercial litigation could result.

Texas readers may be interested in a case involving such an issue in a nearby state. According to reports, a construction company was hired by another company to make repairs to a mall that had suffered damage after a vehicle backed into the building. The total cost of the repairs reached approximately $34,600. However, the company associated with the mall has apparently not paid the construction company even though the project was completed a year ago.

Man may need insurance defense after fatal accident

No one wants to end up in a serious car accident. Even more so, no one wants to be the person authorities consider at fault for the accident, especially when fatalities occur. Unfortunately, facing blame can be a result, and after a fatal crash, it is possible for an accused person to need insurance defense if a wrongful death claim is filed against him or her.

One man in Texas may be considering such options after being considered at fault for an accident that claimed the lives of three teens. According to reports, the three teens, who were all reported as being 18 years old, were in one vehicle and were traveling through an intersection when their vehicle was struck by the man's vehicle. The report indicated that the man was traveling 73 mph in a 45 mph zone, but it was also noted that the teens did not come to a full stop at a stop sign at the intersection.

Medical malpractice defense can start by looking at claim

Texas doctors and other medical professionals have a lot to handle on the job. They literally have patients' lives in their hands, and they know that a mistake could have devastating results. Unfortunately, mistakes can happen, and even when they don't, patients could file medical malpractice claims if they feel they did not receive the proper standard of care.

Of course, medical professionals accused of malpractice have the right to defend against such claims. Often, a defense can start with determining whether a patient actually has a valid reason to file a claim. For instance, the patient filing the claim must have had a doctor-patient relationship with the person sued. If the alleged error or other mishap did not happen in the course of the patient's treatment, it is likely not a valid claim.

Texting isn't the only distraction drivers face

The roads across this country should remain as safe as possible, but this won't happen as long as there are people who aren't giving their full attention to driving. Texting is one of the biggest distractions that drivers will incur, but this is far from the only one that impacts their driving ability.

Drivers who are prone to distractions can cause wrecks that injure innocent people. The only way to avoid this is to prevent distracted driving. No driver should allow these points to claim their attention while they are operating their vehicles.

Amazon facing commercial litigation from independent contractors

Happy employees can often help companies perform better. Of course, not all employees are going to feel entirely pleased with their positions, and some who are displeased may not be employees at all. In some cases, independent contractors may feel that the companies for which they work have misclassified them, and commercial litigation could ensue.

Texas readers may be interested in a class-action lawsuit currently underway in another state. According to reports, over 8,000 Amazon Flex delivery drivers are involved in the suit against the online retail company. The drivers, who make deliveries for orders made to Amazon, are considered independent contractors, and as a result, they must provide their own vehicles as well as pay for gas, insurance and phone services necessary to perform their duties. They believe that they have been misclassified and do not receive the benefits of employees.

Commercial litigation pending as a result of withheld payment

It is not far-fetched to say that most Texas company owners want any projects they participate in to go smoothly. Unfortunately, any number of details could go wrong at any minute, and in some cases, the issue could pertain to receiving payment for their services. Though it may seem as if companies should obviously receive compensation for work they do, that payment does not always come, and commercial litigation may be necessary.

A construction company in another state is currently facing this type of predicament. Recent reports stated that the company was subcontracted to work on a penguin exhibit at a Ripley's Aquarium. Ripley's had hired a general contractor that subcontracted to the plaintiff to the project. The subcontractor claims that the general contractor has not provided a final payment for the project, which has led to a legal claim.

Trucker, company may need insurance defense after fatal crash

Accidents happen every day. In particular, accidents that happen on roadways are a regular occurrence, and often, someone ends up to blame for serious or fatal injuries. Of course, if a driver is considered to have caused such injuries, it may be wise to look into insurance defense options in the event that claims come against that person or even a company if a truck driver was involved.

It was recently reported that two consecutive crashes in Texas resulted in the deaths of two people. Apparently, the first crash occurred between a car and a motorcycle. The incident resulted in the motorcyclist being thrown from the motorcycle, and the driver of the car stopped his vehicle to check on the other man. While in the road, both the car driver and the motorcyclist were struck by an 18-wheeler.

Even doctors doing their best can face medical malpractice claims

Wanting to help people is a common reason individuals give for entering the medical field. Of course, being a Texas doctor is not an easy job, and even when trying to help, treatments and operations do not always go as planned. Though a doctor may not have intentionally harmed a patient, a medical malpractice claim could still result.

Unfortunately, malpractice claims are not uncommon in the medical field. Some issues that patients experience lead to legal claims more often than others. For instance, misdiagnosis or delayed diagnosis is the leading cause of malpractice claims. The wrong diagnosis or delayed diagnosis could result in unnecessary or missed treatment, which could allow a condition to worsen as it goes untreated.

  • Best D 2018
    • Super Lawyers 2018
    • Jeffery M Kershaw: D Magazine Best Lawyer in Dallas 2016-2018

    • Peter Anderson: D Magazine Best Lawyer in Dallas 2016-2018

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Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability

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