When It Comes to Big Rigs, Size Matters

There is no doubt that the bigger they are, they more damage they cause when involved in a crash.

It doesn’t seem to make any difference how wide the highways are these days to allow for more traffic and larger vehicles. The problems are still the same old ones that existed when the highways were only four lanes instead of six or eight. Smaller cars and other vehicles are at a supreme disadvantage when it comes to sharing the roads with big rigs.

The larger trucks can weigh as much as 80 thousand pounds (40 tons) fully loaded and depending on what they are carrying. That is a lot of truck and it definitely does not stop on a dime. The facts are that it takes the entire length of a football field for a large truck to come to a full stop.

There are actually a wide variety of large trucks on the roads these days including 18-wheelers, tractor-trailers, tanker trucks, garbage trucks, dump trucks and tow trucks, and armored security vehicles. Put one of these behemoths beside a car and the car is dwarfed. If an accident does happen, not only is the driver of the truck considered to be liable, but so is the owner of the truck if they happen to be different.

Car drivers have to realize that piloting a large truck is a whole different proposition than driving a car. Thanks to its oversize proportions, truck drivers automatically have a greater responsibility to drive safely and be alert and aware of what is going on around them at all times. Did you know that regulations require truckers to have a Class A license and be prepared to submit to random drug and alcohol tests plus background checks? Contrary to popular belief, trucking companies really don’t just stick anyone behind the wheel of a huge truck and turn them loose on American highways.

Unfortunately, truck crashes are often fatal and if the statistics are any indication, the numbers of deaths due to large truck crashes are growing every year. In 2008 alone, fatal crashes on the highways that involved a big rig totaled over 34,000. The wide range of causes for the deaths included speeding to meet deadlines, inattention, fatigue, mechanical problems, prescription drugs, and poor weather and road conditions.
Just because trucking is a vital industry and the country depends on the prompt delivery of various items on time does not excuse a speeding truck driver, trying to meet an unrealistic deadline, who gets involved in a multiple vehicle crash. Big rig drivers need to take the responsibility to be safe on the road and watch out for other drivers.

When the consequences of a truck accident results in severe injuries or death, a skilled truck accident lawyer helps victims fight for their rights to just compensation. Choose the proper legal counsel to help seek justice.

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Incorporating a Nevada Business

Setting up the right type of business entity in Nevada is crucial for a lot of good reasons.

Just because someone had the bright idea to set up a business in Nevada doesn’t mean all the details can be immediately put into action and the business open within a month. While that might be a nice dream, the practical reality is that there are a lot of hoops one needs to go through to set up.

The initial start up process isn’t so difficult to handle as it usually involves, among other things, choosing a name, deciding what to sell and how to do that, and where the business should be located. This is all the fun stuff, but the other side of the coin is that there needs to be a decision about how to legally set up the operation. Should that entity be a corporation or a limited liability company?

These kinds of questions are not ones that an individual unfamiliar with business law should try and answer on their own. It’s well worth the money to hire a highly skilled business lawyer to assist in the process of starting a company. Or to put this another way, it would be downright foolish to not hire a business lawyer to help navigate the maze of rules and regulations that apply to new companies in Nevada.

A great number of Nevada companies have incorporated for a variety of reasons, such as there is no corporate income tax, no taxes on corporate shares, and no personal income tax. Those are distinct advantages to starting up a company and incorporating it. However, there may well be another kind of business entity that would better suit the needs of a new company – be it sole proprietorship, limited liability or a corporation.

Forming a limited liability company (LLC) in Nevada has a whole lot of advantages going for it as compared to trying to form an LLC in another state. Nevada’s costs for forming LLCs are very low and the lack of any corporate income tax is very appealing to entrepreneurs. Another reason for the popularity of an LLC in this state is that they offer shareholders and corporate directors almost unheard of protection against personal liability.

To get an LLC filed in Nevada there are several documents that need to be handled – an Articles of Organization or Incorporation with the Nevada Secretary of State and an employer Identification Number/Federal Tax ID.

The articles are used by the State Secretary to create the fledgling LLC. It is a wise idea to read the operating agreement and bylaws prior to actually forming the company in this manner. The agreement and bylaws offer detailed information on how to form an LLC. The employers Identification Number/Federal Tax Id are run of the mill regular documents that all companies need sooner or later.

Setting up an LLC in Nevada means also listing the officers and members of the company. This may be filed directly on the Nevada Secretary of State's website. Any filing fees for this form are paid to the Secretary. If by chance the applicant wants their corporation to be an S-Corp, they’ll need to file the right form with the IRS promptly.

There are other advantages to setting up business in Nevada that a good attorney will be happy to explain to the prospective owners, not the least of which is guaranteed anonymity, as the shareholders and directors of Nevada corporations are not named in public records nor will the state government share any information with other states.

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The Three Types of Product Liability Lawsuits

There isn’t one business that exists today that does not have product liability insurance. Better to be safe than sorry if your product turns out to have problems and injures someone.

Generally speaking there are three types of product liability lawsuits that get filed in courtrooms. Those are information defects, design defects and manufacturing defects. Any one of these by themselves or in combination with another defect may form the basis of a product liability lawsuit.

Manufacturing defects are those that happen when a product, initially thought (and intended) to be safe, but something happened to it during the manufacturing process and it ended up being flawed and causing injuries to people who bought the product, e.g. one of the sprockets for a new mountain bike is missing.
Design defects are a bit different in origin. This happens when a product is made the right way by the company, but it turns out it is unsafe. It may not be a case of the manufacturer realizing the goods are dangerous because of the way they were designed. Nonetheless, there would be liability on the part of the manufacturer and designer, e.g. a stuffed bear with buttons for eyes that are not secured properly to the toy and can be swallowed by young children.

An information defect refers to a situation where a product is unavoidably hazardous in some form or other, but there is nothing to indicate this on or in the product’s package, e.g. a caulking compound for the bathtub that should not be used in enclosed spaces because it causes severe respiratory problems.
Each product liability case is unique and thus treated on a case by case basis. While a great many consumers would just pitch the defective product out in the garbage, there are more informed customers that are beginning to realize that they have rights when it comes to being harmed by a product they bought in good faith.

Keep in mind that every business that handles, supplies, refurbishes or resells a product must have some kind of liability insurance. It doesn’t matter if you sell on eBay or happen to be one of the most well-known retailing names in the US. The facts are that every business runs the risk of being sued if a product they handle ends up injuring or killing an innocent customer. If you don’t believe that, just remember the famous case of the hot coffee that gave a McDonald’s customer third degree burns when it was spilled on her thighs. She won her product liability lawsuit.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Watch What the Package Label Says

Those labels on the outside of various products are there for a reason; to warn people about a danger and to keep them safe. Failure to heed the warning may be dangerous.

It’s pretty much a given than when we go to the store to buy something that we assume it will be safe and won’t harm us. More often than not, this is a reasonable assumption. However, have you noticed the warning labels on the packages? They could say things such as, “Don’t drive while taking this medication,” or “Small parts could cause choking,” or much to your amusement they may even say in the case of a hair dryer, “Don’t use while you are asleep.”

Although some of the warnings you happen to read on labels may seem ridiculous, they are there because something like that has already happened to someone. This is how warnings on products come into being in the first place; someone complained that the manufacturer should tell people about the product’s hazards.
Generally speaking, there are laws in place to protect consumers in the event of an injury sustained by a product malfunctioning or to a manufacturing defect that caused harm or death. If you have had a less than pleasant experience with a product and were harmed, you should speak to a products liability attorney to get some answers. If the package didn’t provide an adequate warning about what happened to you, then you may have a viable legal case. Only your attorney will be able to assess this for you.

Speaking of liability, another huge area of the law that centers on the determination of a person’s liability is premises liability. Premises liability is a legal responsibility that all landowners/occupiers have to make sure their premises are safe when others come to visit. So, if you happen to own a store and don’t tell customers the floor is wet from mopping and they slip and fall, your premises liability insurance covers their injuries.
Slip, trip and falls are fairly common liability claims and many lawyers handle these cases in addition to product liability issues, as the issues involved in both kinds of cases are similar – the question of liability. In the instance of product liability the supplier, manufacturer and even the designer may be held liable for injuries caused by a defective product sold on the market. The interesting thing about product liability law is that you’d be astounded to find out about the long list of product failures that you can actually file a lawsuit over; for instance, lighters that explode, faulty ladders that collapse, patio furniture that breaks, baby car seats crumple on impact, and roofs on cars cave in rather than protect.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.