Objects Flying from Trucks

trucks must secure their cargoTrucks have an obligation to secure their cargo in a way the prevents it from being dislodged or being flung out and causing damage to other vehicles or becoming roadway hazards that can result in serious car accidents.

However, sometimes trucks have signs posted on their rears that caution drivers to keep their distance while claiming they are not responsible for damage to other cars caused by debris falling from their cargo loads. Can they actually absolve themselves from liability by simply stating they aren’t responsible for the damage they cause?

Put bluntly, no, they cannot. It is a trucker’s legal obligation to secure his or her cargo in a way that will prevent debris from leaving the hold. Even dump trucks that are hauling rocks should be adequately covered by a tarp of some kind to keep debris from escaping and damaging other vehicles. Stating they are not responsible for their failure to secure their cargo does not mean they are legally removed from their obligation to secure their load.

If your vehicle was damaged by debris flying from a truck, the truck’s owner is responsible for the damage, regardless of any signage that might be on the vehicle. Nevertheless, keeping distance from these trucks is a good practice since it reduces the risk that something will actually hit your car.

The Four Types of Evidence

four types of evidenceOne of the most important aspects of a legal case is the ability of either side to prove its points. The only way to really do this with the level of certainty required by the court is to provide evidence that supports the claims you are making.

Just about anything can be evidence as long as it follows certain rules of admissibility set out by federal or state law.

Evidence can fall into four categories. Real evidence is any physical object that is directly involved with the case, such as a murder weapon. Documentary evidence, which is a kind of real evidence, is a document that contains relevant information about the case, such as a business contract in a contract dispute. Demonstrative evidence is something created for the case to help better illustrate the facts to the jury, such as a chart that shows a person’s spending in a bankruptcy suit. Lastly, testimonial evidence is the words of someone who has some kind of special knowledge about the case, such as witnesses of a crime or experts in certain fields whose opinions can clear up misconceptions.

Using abundant evidence to support your case while hampering the opposing side’s is crucial to a successful lawsuit.

Supreme Court Considers Medical Malpractice Case

A medical malpractice case has made its way to the Supreme Court, and the outcome of the case could have substantial implications for medical malpractice victims’ ability to receive the compensation they are owed following a successful settlement of their case. The case involves Emily Armstrong and her parents, who successfully sued the doctor who delivered Emily and the institution at which he worked for medical malpractice after a difficult delivery left Emily with a debilitating case of cerebral palsy. The doctor had a history of prescription-drug abuse, and he was forced to surrender his license mere months after the botched delivery occurred.

As a result of the injuries sustained during childbirth, Emily was rendered unable to walk, talk, see, or speak, and state officials estimate that nearly $2 million has already been spent in state Medicaid funds in order to provide her with the care she needs. As a result, the state placed a lien on a portion of the malpractice settlement in order to recoup some of the costs of its care. However, the family is challenging the legality of this law, claiming that it conflicts with federal laws prohibiting states from placing liens on the property of Medicaid beneficiaries for their care.

The family has hired a medical malpractice attorney with experience at the state level, and the case will soon be decided by the court. The outcome could have substantial consequences for the ability of families throughout the country to receive the full amounts of settlements decided by state courts.

Injuries that arise as a consequence of someone else’s actions, should not be the responsibility of the injured party. Ritter and Associates could help a patient who was hurt because of a medical mistake recover damages for his or her injury.

Advantages and Disadvantages of Psychometric Testing

Along with looking over your résumé, cover letter, transcripts, and even conducting a face-to-face interview, a number of law firms and other corporations use psychometric Psychometric Testing Disadvantages In Americatesting to determine the aptitude and personality traits of a potential candidate to determine how well he or she will fit at the company. And while a large majority of corporations around the country use psychometric testing, there is still a debate as to whether or not these tests are accurate judgments on one’s character and ability to complete a job.

There are both advantages and disadvantages of psychometric testing. Some advantages of these tests include the following:

  • The tests are fairly cost beneficial and could save the company money in the long run
  • It prevents the hiring of a candidate with only “good interview skills”
  • Test is standardized so every candidate gets the same questions and is given the same opportunity
  • Gives applicants with weaker interview skills or candidates who are shy a chance to prove they can be valuable to the company

There are also disadvantages. This includes the following:

  • Some candidates do not always answer questions truthfully
  • Does not guarantee success simply because the candidate does well. This is especially the case when assessing the candidate’s personality.
  • There are a number of tests that claim to be “psychometric tests” but in fact are not. If there is a lack of training in those giving tests, they may not give job applicants the correct test.

If you are a law student and have to take a psychometric test when applying for a job, make sure you prepare accordingly to give yourself the best chance at success; however, you should also remember that if you don’t do well on the test, it may also mean that a job wasn’t right for you so don’t lose hope.