ARE THERE SPECIAL LAWS FOR TRUCKERS MOVING HAZARDOUS MATERIALS?

  • By Kiesha Doss
  • 29 Apr, 2016

On behalf of   Odom Law Firm   posted   on Friday, March 18, 2016.


All truckers have a responsibility to drive in a safe manner. Some truckers, such as those who are transporting hazardous materials, must be more careful about following safety procedures while they are on the road. When these truckers don't follow the safety laws, they can cause accidents that can lead to other people being injured or killed in an accident.

What are some of the regulations regarding hazardous materials?

Hazardous material shipments must be handled only by truckers who have appropriate endorsements for transporting the materials. This information is contained on the commercial driver's license that the driver holds. It is also necessary that the materials be properly marked and documented as hazardous materials. All of this must be done in accordance with federal and state laws.

What happens if there is an accident involving hazardous materials?

If there is an   accident involving hazardous materials, authorities must usually be notified. This is true if there is a person who was injured or killed, if there is a possible contamination or if an evacuation is necessary in the area. When an accident occurs, the authorities who handle the accident will usually determine if other agencies need to be contacted.

Being in an accident with a truck that is carrying hazardous materials can be very dangerous. If the hazardous materials can cause issues because of exposure, you might be looking at very serious medical care in the future. If you suffered immediate injuries, you also have to seek care for those. Because of this expense, you might choose to seek compensation for the accident.

Source:   Federal Motor Carrier Safety Administration, " How to Comply with Federal Hazardous Materials Regulations ," accessed March 18, 2016

By Sarah Whitfield 06 Apr, 2017

In 2015, the World Health Organization’s cancer research arm concluded that glyphosate, the main ingredient in Roundup, is probably carcinogenic . Since that time, other experts have concluded that dermal (skin) and inhalation exposure to glyphosate can cause various types of Non-Hodgkins Lymphoma including Large Diffuse B-Cell Lymphoma, Follicular Lymphoma, Chronic Lymphocytic Leukemia, Mantle Cell Lymphoma, and Cutaneous T-cell Lymphoma. Additionally there is a body of medical evidence suggesting a link between Multiple Myeloma and exposure to Roundup.

Because of its prevalent use in agriculture, farmers and ranchers are at the highest risk for exposure to Roundup. However, other users are also at risk including those who sprayed Roundup in yard maintenance work, construction, residential home use and gardening.

 

How We Can Help

The Odom Law Firm is currently investigating cases involving exposure to glyphosate. If you or a loved one has been diagnosed with Non-Hodgkins Lymphoma or Multiple Myeloma after working with Roundup, you should seek legal advice immediately. Our experienced attorneys are prepared to visit with you about your case and to help you understand your rights.


By Sarah Whitfield 22 Feb, 2017

Every year in the U.S., almost a half million people are injured or killed in traffic accidents attributed to the combination of texting and driving. Texting while driving is considered a careless act and falls under distracted driving violations in Arkansas.

Arkansas defines distracted driving as drinking, eating, talking on a cell phone, texting, and talking to passengers. It is considered a serious traffic violation, and if you are caught you will get fined.

Arkansas law prohibits texting while driving, regardless of the driver’s age. It is also a “primary offense law”, which means a police officer or sheriff’s deputy can initiate a traffic stop without observing any other violation. Fines can range as high as $100.

 For drivers under 18 years of age, all cell phone use is banned. Drivers who are between the ages of 18 and 20 are not allowed to use handheld cellphones while driving through highway work zones or school zones. When it comes to texting and driving, all drivers, no matter what their age is, are banned from texting.

Laws

  • Under 18 means no cell phone use at all
  • 18 to 20 years of age means no handheld cell phone usage while going through highway or school zones
  • All drivers are banned from texting while driving

Fines

  • Fines up to $100

Exemptions

  • In emergency situations
  • Firefighters, law enforcement officers, and emergency medical technicians are exempt

 If you’ve been injured in a car accident due to someone texting and driving, please call our experienced personal injury lawyers at 479-439-9269 or email us at office@odomfirm.com.

By Sarah Whitfield 08 Feb, 2017

Our founding father’s drafted the constitution and our forefather’s ratified it based on what they were told it was supposed to do – protect and preserve our freedom. This proposed constitutional amendment, backed by the same old special interests and the nursing home industry, is another attack on the unsuspecting citizens of Arkansas. If you believe yourself to be a patriot, conservative, or against big government, this proposed amendment should offend you. For example, if you believe in:

 

  • "Pro-life." It devalues the lives of the unborn, children, and stay at home moms or dads by capping the value of their lives at $250,000 minus fees and expenses, whereas the life of someone who makes a six figure income is valued much higher.
  • "Family values." It punishes anyone who chooses family over career by arbitrarily placing a lower value on their lives.
  • "Free enterprise." It removes the ability of private citizens to enter into arm’s length contracts for legal services. While hospital and nursing home owners and their insurance companies have no such restriction.
  • "Against big government." It allows the state to dictate the terms of contracts for legal services. The state dictates what a jury can and cannot do in individual cases. This is big government out of control.
  • "Local control." Nothing is more local than a jury. Juries set community standards. By dictating what a jury can and cannot decide, local control gives way to special interest and the power of big government grows.
  • "Personal responsibility." By severely restricting punitive damages, grossly negligent wrongdoers are allowed to escape responsibility. By arbitrarily capping compensatory damages, wrongdoers are not held fully accountable. That isn’t justice.

 

People of Arkansas must take a stand against the special interest who seek to take away our liberty. Our legislators need to hear from the voters in their districts that we will not allow our bill of rights to be bargained away. If you agree, please call your Senator today and urge him/her to vote against SJR8. The main number at the Arkansas Senate is (501) 682-6107.

By Taylor Glover 11 Jan, 2017

Studies show that alcohol and sleep deprivation affect driver performance and behavior in similar ways, causing drivers to be inattentive with delayed reactions.

Accident data indicates that nearly 6,000 lives are lost each year due to drowsy driving.

According to research conducted by the National Institutes of Health , going without sleep for a full 24 hours is equivalent to having a blood alcohol content (BAC) of 0.08 – the legal limit to be charged with drunk driving in Arkansas and nationwide.

Law and Enforcement

 Arkansas is one of just two states with laws against drowsy driving.

Arkansas’ law allows the state to charge a motorist involved in a fatal crash with “negligent homicide” if the driver had gone 24 hours without sleep prior to the collision, or had fallen asleep at the wheel after staying awake for 24 hours. But unlike a drunk driver, there’s no road-side test to determine drowsiness, making it difficult to identify drowsy drivers without further research or technology.

Commercial truck drivers are subject to significantly stricter regulations, including mandatory rest breaks that both drivers and trucking companies are required to document. However, enforcing drowsy driving laws on private motorists is difficult at best because the burden of proof is on the police officer to show that the driver stayed awake for 24 hours.

Odom Law Firm has years of experience dealing with sleep deprivation related accidents.

If you’ve been involved in an accident caused by drowsy driving call us today! We take cases for which we are confident we can maximize the value of our clients' claims. If we represent you, you will know that we are giving your case the focused attention it deserves.

 

Call us at 479-439-9269 or toll free at 866-935-2070 for a free initial consultation.

By Taylor Glover 18 Jul, 2016

Thanks for your continued support over the years! We’d like to invite you to our 44th Annual Odom Law Firm Seafood Jubilee!

 

Come enjoy shrimp, crawfish, and good times and live music!

 

It’s good times, good music and the best networking event in town!

 

Stop on by Friday, July, 22nd

from 12:00pm – 7:00pm

 

Elks Lodge

4444 N. Crossover Road

Fayetteville, AR

By Kiesha Doss 29 Apr, 2016

On behalf of   Odom Law Firm   posted   on Friday, March 11, 2016.


A 32-year-old man from Gassville, Arkansas, is currently in the Baxter County jail and is being held without bond. He is charged with vehicular manslaughter after his blood came back with methamphetamine, opiates, benzodiazepines and cannabinoids in it. However, the man had no alcohol in blood.

The accident, that the man is accused of causing, happened on Dec. 13 on AR Highway 5 close to the Missouri state line. The man had allegedly been in a disturbance with his ex-wife and had driven off in his wife's car, a Nissan Xterra. He smashed into a Nissan Maxima, which was driven by a 22-year-old man from Mountain Home, Arkansas. That man died at the accident scene.

When police arrived at the scene, they found the 22-year-old man dead and no one around the Xterra. Four hours after the accident, someone who lives near the crash site called 911 to report that there was a man on her porch. A state trooper arrested the man and he was eventually taken to the hospital for treatment for his injuries that he suffered in the accident. He would reportedly later tell the troopers that the accident ejected him from the vehicle and that he was the only person in the Xterra.

In addition to the manslaughter charge, the man has also been charged with leaving the scene of an accident with injury or death. That is a felony punishable by up to six years in prison. The manslaughter charge carries a prison sentence of three to 10 years. Other charges include possession of a controlled substance, careless driving, no insurance, possession of drug paraphernalia, third-degree domestic battery, fleeing, unauthorized use of a motor vehicle and endangering the welfare of a minor.

Similar circumstances as those in this horrific case occur all too frequently all over the nation. If you have lost a loved one or been seriously injured in a car accident caused by an impaired individual, you have a right to seek compensation. An attorney can provide the guidance you need to   hold the responsible driver accountable.

Source:   The Baxter Bulletin, " Teeter to face upgraded charge, lab results back ," Josh Dooley, Feb. 24, 2016

By Kiesha Doss 29 Apr, 2016

On behalf of   Odom Law Firm   posted   on Friday, March 18, 2016.


All truckers have a responsibility to drive in a safe manner. Some truckers, such as those who are transporting hazardous materials, must be more careful about following safety procedures while they are on the road. When these truckers don't follow the safety laws, they can cause accidents that can lead to other people being injured or killed in an accident.

What are some of the regulations regarding hazardous materials?

Hazardous material shipments must be handled only by truckers who have appropriate endorsements for transporting the materials. This information is contained on the commercial driver's license that the driver holds. It is also necessary that the materials be properly marked and documented as hazardous materials. All of this must be done in accordance with federal and state laws.

What happens if there is an accident involving hazardous materials?

If there is an   accident involving hazardous materials, authorities must usually be notified. This is true if there is a person who was injured or killed, if there is a possible contamination or if an evacuation is necessary in the area. When an accident occurs, the authorities who handle the accident will usually determine if other agencies need to be contacted.

Being in an accident with a truck that is carrying hazardous materials can be very dangerous. If the hazardous materials can cause issues because of exposure, you might be looking at very serious medical care in the future. If you suffered immediate injuries, you also have to seek care for those. Because of this expense, you might choose to seek compensation for the accident.

Source:   Federal Motor Carrier Safety Administration, " How to Comply with Federal Hazardous Materials Regulations ," accessed March 18, 2016

By Kiesha Doss 29 Apr, 2016

On behalf of   Odom Law Firm   posted on Friday, March 25, 2016.


We recently discussed some of the regulations that truckers who transport hazardous loads have to follow. These regulations are meant to keep the hazardous materials safely contained. When truckers don't ensure that loads of any sort are handled properly, accidents can occur. These accidents can lead to very serious injuries that can affect the life of an innocent person who just happened to be in the same place as the semi truck when the accident occurred.

We know that you never thought your life would be interrupted by a semi truck driver who didn't follow safety procedures. While there isn't any way that we can take away your injuries or the life effects you experience, we can help you to learn about your   right to seek compensation   for those injuries and the related damages.

When you seek compensation for a truck accident, you have to consider some very important points. One of these points is determining what happened that led to the accident. Was the load secured properly? Was the driver following proper protocol? What external factors might have contributed to the accident? Each of these questions can have an important role in your case.

Another important factor to consider is who contributed to the accident. This can include people other than the driver. Did contractors load the cargo and fail to secure it properly? Was a faulty component to blame for the accident? These questions and similar ones can help to determine who should be named as a defendant. We can help you explore all of these factors so that you can decide what you want to do with your case.

By Kiesha Doss 29 Apr, 2016

On behalf of   Odom Law Firm   posted   on Friday, April 1, 2016.


Nursing home residents are usually at the mercy of the nursing home staff members who care for them. The elderly residents depend on the staff members for medications, food, personal care and medical care. In some cases, they also depend on staff members to help them get social interaction with other residents. All of these nursing home residents have specific laws to help protect them while they are dependent upon the care of the nursing home.

What are some important points of the Nursing Home Reform Law?

The Nursing Home Reform Law was enacted in 1987 to help protect nursing home residents. It requires that any nursing home that receives payments from Medicare or Medicaid meet certain requirements. The nursing homes must have sufficient staff, develop comprehensive care plans for residents, keep accurate medical records, promote the quality of each resident's life, ensure that all residents are properly supervised and help to maintain each resident's dignity. Even nursing homes that don't accept Medicaid and Medicare must comply with the Elder Justice Act, which is aimed at reducing the incidence of elder abuse by establishing mandatory reporting of certain issues.

What rights do residents have?

Residents of nursing homes have the right to voice complaints without retaliation, to make decisions about their care, to have privacy, to communicate freely, to be free of neglect and abuse, to be treated with respect and to be free of physical restraints. All of these help to ensure that the residents have a good quality of life while they are in the nursing home.

If you think that your loved one is being   neglected or abused in a nursing home, make sure that you take action right away to stop the abuse. In some cases, it might also be possible to seek compensation.

Source:   FindLaw, " Nursing Home Law Basics ," accessed April 01, 2016

By Kiesha Doss 29 Apr, 2016

On behalf of   Odom Law Firm   posted on Monday, April 4, 2016.


Head injuries are often difficult to diagnose, especially when the injury isn't too severe. Currently, diagnosing a concussion involves a good bit of guess work and a possibly the results of imaging scans. In some cases, the imaging scans don't show anything amiss even when there is a brain injury present. A recent study published in JAMA Neurology shows promising results for a blood test that was studied to help diagnose concussions.

The study was done on 584 people who presented at a Level 1 trauma center with injuries. Around half of the participants had a brain injury like a   mild concussion   and the other half had other injuries, including chest trauma or broken bones. The participants all had their blood drawn 19 times with the first draw being within four hours after the injury occurred. The remaining draws occurred within the seven days after the injury.

In all of the brain injury cases, two protein levels were significantly higher than in the cases that didn't involve brain injuries. The level of these one protein, GFAP, peaked at 20 hours post-injury before beginning to decrease over the following 7 days. The other protein, UCH-L1, rose immediately after the injury and peaked at eight hours after the injury.

If this blood test becomes part of the main diagnostic protocol for people who suffer head trauma, there is a chance that unnecessary diagnostic imaging tests, such as CT scans, can be avoided. For now, patients who suffer head trauma will have to rely on doctors using the current protocol for diagnosing concussions. In some cases, such as when the head trauma was the result of an accident caused by negligence, the victim might choose to seek compensation to help cover the medical and other expenses resulting from the injury.

Source:   Time, " This New Blood Test Could Detect Concussions ," Alice Park, March 28, 2016

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