02Jan/20

Personal Injury Attorneys – Trucking Accident Lawyers

As injury lawyers, it is not uncommon for us to review potential wrongful death claims involving truck driver fatigue. We often see this in the context of tractor-trailer accidents where the truck driver has fabricated his driver’s log and/or driven far in excess of his allowable hours. Many times there is demonstrated sleep loss involving the use of amphetamines, methamphetamines or other stimulants used by the driver to overcome the fatigue. truck accident attorneys

According to a newsletter we recently ran across published by a well respected truck safety organization, there is an interesting correlation between sleep loss, fatigue and the serious impairment caused by being legally drunk. Studies have shown that the impairment from sleep loss and long working hours are almost the same caused by alcohol consumption. The longer one is awake, the slower the reaction time. If one gets too little sleep (4 or less hours) this is equivalent to the effects of .05% blood alcohol for the long working hours. In one study, where people were kept awake for 24 straight hours, the slowed perception reaction time had approximately the same effect as .10% blood alcohol level which is above the level (.08%) now nationally recognized as being legally drunk. Thus, it can be clinically demonstrated that if one loses sleep for a long period of time one’s perception and reaction time is dangerously slowed. More here @ https://www.carabinshaw.com/truck-accident-attorney-in-midland.html

In our personal injury practice we often see the evidence of serious impairment caused by fatigue and lack of sleep. The end result of such fatigue we see in our practice is a serious collision. Increasingly, we see this particularly in the context of truck drivers who are trying to increase their wages by driving longer and longer hours and greater and greater distances. Even though large trucks make up just 4% of all registered vehicles, and 7% of all vehicle miles traveled, the same trucks are involved in 11% of all crash fatalities. This year, as in years past, approximately 5,000 people will be killed in truck crashes and collisions throughout the country. We know from our experience that many of these crashes are preventable and would not occur if drivers kept shorter hours and were not seriously impaired by fatigue. While commercial airline pilots typically fly only about 30 hours a month, most truck drivers drive around 300 hours a month. For some reason, this has become acceptable in the workplace even though the number of people killed in truck crashes annually exceed the number of people that are killed in major airline crashes. Query why this is so?

With improvements in technology, before long, employers and trucking companies will be able to monitor precisely the hours being kept by their truck drivers. We can only hope that legislation will follow which mandates that employers not only monitor the number of hours driven but also the number of hours taken by the driver to rest. Too many hours driving means too much fatigue which also means possible impairment of perception and reaction times. Because we see the end result of this, which is serious injury, death and tragedy for our client’s families, and we can only hope that the speed of technology will continue to develop to the point where trucking companies will have no choice but to monitor and address the significance safety issues caused by driver fatigue. Please click here @ https://truckaccidentattorneysa.com/corpus-christi-truck-accident-lawyers/

27Jun/19

Falling Injury Attorneys : Personal Injury Lawyers

Falling Injury Attorneys : Personal Injury Lawyers

Have you been injured in a fall at work? Let our Law Office help.

Every year hundreds of serious injuries are caused by falls on construction sites. Workers are routinely injured in accidents involving scaffolding collapses, working at heights, and building collapses.accident attorneys

Common falling injuries

Injuries resulting from a fall are often life changing. Even a minor fall can result in broken bones, collapsed lungs and severe lacerations. Falls from a significant height can cause spinal cord injury, paralysis, traumatic brain injury, and death.

Falling injury-preventing OSHA regulations and Texas laws

OSHA regulations require that employers provide their employees with fall protection systems when employees are working at a height above six feet. OSHA also requires that employers protect their employees from falling through holes (including skylights) by using hole covers. The three most common types of fall protection equipment used in the construction industry are fall arrest systems, nets, and guardrails.

According to Texas law, Employers are required to provide their employees with a safe working environment. The law requires that an employer designate a competent person to ensure the safety of other employees working at heights greater than six feet.

Our Law Office has the experience and drive you need to resolve your construction site fall case. Our Law Office will aggressively pursue your claim to ensure that the people responsible for your injury are held accountable and that you receive the compensation you deserve. Contact our Law Offices and an experienced construction accidents attorney will provide you with a free consultation. Injury relief is just a phone call away.construction accident attorneys
Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

Successes Legal Disclaimer

The personal injury attorneys of our Law Office have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys of our Law Office through this website does not constitute an attorney client relationship. It is the policy of ourLaw Office that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our Law Office. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our Law Office. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our Law Office is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our Law Office makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our Law Office does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Law Office Website is prohibited unless the prior written permission of our Law Office has been obtained.

24Jun/19

Indian Traditional Knowledge Vs. US Patents

Traditional knowledge is nothing but an intellectual property or expertise which was formulated, sustained, and passed on to other generations by ancient people. It is, of course, the cultural identity of a country. Indeed, specific traditional knowledge of India is not protected as of intellectual property.
This would result in issues related to the use of traditional knowledge of a country by other individuals.Thus there is a need to protect the traditional knowledge of various countries. The Indian government has taken serious steps in the documentation of Indian traditional knowledge. Therefore patent filing in India is simple, but it takes a long time, which should be done to protect an Intellectual property.
Here you can know about some of the patent issues or scenarios and the situations where others used the Indian traditional knowledge.

Traditional Knowledge Digital Library
The TKDL is a serious initiative of the Indian government to protect the Indian Traditional Knowledge. This digital library helps to access the traditional knowledge, ancient findings, and medicinal facts of India. It is possible to refer to information or collection of records that are not available with International patent offices. There are several patents offered erroneously, and thus, this digital library was set up the Indian government with great efforts. There are texts available in this digital library which details about the Indian medical system, which includes Ayurveda, Siddha, Unani, Yoga, and several others. All these texts are accessible in different languages.

The following are some of the notable cases that resulted in issues related to the traditional knowledge of India.

Turmeric Patent
Turmeric is a native plant of India which is a tropical herb used for medicinal purposes. In India, turmeric is widely used as a food ingredient, medicine, natural dye, and several other purposes. Some of the therapeutic benefits of turmeric are to treat cold, purify the blood, and skin infections. It is considered as an antiseptic and anti-parasitic. Thus in the year, 1995 US offered a Patent for turmeric to the University of Mississippi for its healing property. Therefore based on the patent, the exclusive rights for the sale and distribution of turmeric were offered to the Medical center of Mississippi. The Council for Scientific and Industrial Research filed an objection for the turmeric patent provided by the US. The council submitted the proofs of traditional knowledge on turmeric and its properties. It was challenging to find published information on the medicinal properties of turmeric. Nearly 32 references were found on different languages on the Indian traditional knowledge of turmeric. Thus the patent offered was revoked stating that the turmeric was in use ever since from the ancient days. Therefore the traditional knowledge of India was safeguarded.

Neem Patent
This tree was known for its various medicinal benefits in India. But the patent for this tree was applied by W.R Grace, a Patent office of USA. The applicant claimed that neem was used to fight against fungal actions. An opposition was filed by India to cancel the patent offered by the research foundation of science in Delhi. The bark, leaves, twigs, seeds, flowers of the neem tree was used for specific medicinal purposes. The tree can treat skin infections and dermatological problems. After submission of evidence of the use of neem tree and its products from the ancient times patent offered was revoked. Again the traditional knowledge of India was again safeguarded.

Basmati Patent
The US patent office offered patent to Basmati rice to Ricetec. It is aromatic rice which is grown in India and Pakistan several centuries back. Rice is the staple food of the Asian countries, and the farmers worked hard to come up with a distinct variety of rice. Ricetec applied for a patent for a particular strand of rice variety called Basmati to the US patent office. Thus to control the production and sale of this high-quality variety of rice, the patent was applied. Plant protection was a proponent in the US, and hence the patent application for the rice variety was accepted. Thus the rice was labeled as Superior Basmati Rice. Ricetec somehow tried and protected its patent rights of the rice variety. Thus TKDL played a vital role in the protection of traditional knowledge of India.