Last month’s train accident in Los Angeles that killed 25 people and injured dozens more was a preventable tragedy caused by driver distraction.  Driver distraction is also an issue in many semi truck accidents in Missouri and elsewhere.  Behind the wheel of a big rig with the potential to cause a serious truck accident with traumatic injuries, should truck drivers be allowed to talk on a cell phone, text message, check e-mail or use a handheld device?  Sure, we understand that a long trip might get tedious for drivers, and communication can help pass the time, but at what cost to road safety?

Many semi truck companies also have their drivers travel with a keyboard or other electronic devices to key in pick-up and delivery times and locations, and/or to communicate with dispatch or customers. Is this really safe?  Wouldn’t we all be safer if  truck drivers were not allowed to be moving when using any distracting communication devices?

For an attorney who has seen numerous Missouri truck accident cases and the devastating injuries that truck accidents cause, these are not idle questions.  In 2006 – the most recent statistics available – there were 5083 Missouri truck accidents on the state highways alone (per MoDOT).  Semi tractor trailer accidents cause traumatic injuries and significant property damage.  Semi truck safety is an issue that concerns us all. For more information about Missouri truck accidents or legal help with semi truck cases please visit Missouri semi truck accidents.

Legally Speaking: Medical Malpractice

Aaron Sachs talks about some of the laws regarding Medical Malpractice.

Click to view this video and learn more.

Approximately how many American’s die each year due to medical mistakes ?

• The number of Americans affected by medical mistakes each year reach into the tens of thousands.
• Some studies estimate almost 100,000 Americans die due to medical errors every year.

When does a simple mistake or misdiagnosis become malpractice?

• The law does not require nor expect that doctors are perfect.
• In all fairness to our doctors, many conditions are difficult to diagnose, or can be hidden by confusing symptoms.
• A mistake becomes malpractice when it was caused by a failure to provide the expected standard of care, and that failure results in injury or death to the patient.

What if the patient has signed a consent form?

• A consent form notifies the patient of known risks of a certain procedure or treatment.
• Typically, a consent form does not offer protection to a doctor who acts in a negligent manner or fails to provide the appropriate standard of care.
  
  

What should you do if you suspect malpractice?

• Don’t get into a confrontation with your doctors or nurses.
• Discuss your potential claim with an attorney who has experience in this area of the law.

Legally Speaking: Strip Searching

Aaron Sachs talks about some of the laws regarding Strip Searching.

Click to view this video and learn more.

Doesn’t the Fourth Amendment protect us from strip searches?

• The Fourth Amendment to the U.S. Constitution protects us from unreasonable searches.
• It reads, in part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.”

Usually what is the process, in order to search your home or to conduct a search of a strip search of a person?

• Usually, the basis for the search is presented to a judge.
• There has to be a reason for the judge to believe that evidence of a crime will be found if the search is carried out, and if so he issues a search warrant.
• However, a search is sometimes carried out without a judge’s order if there is an imminent danger for death or injury.
• So if the police think a suspect may have a concealed weapon, they can conduct a strip search.

Do Courts make a distinction based on how intrusive the search may be?

• The U.S. Supreme Court has ruled that performing surgery to find evidence that might be inside someone’s body is too intrusive, because of the additional medical risks.
• Body cavity searches are generally only allowed in a prison setting, to limit contraband.
• But they have also ruled that a strip search on a public street is not necessarily too intrusive.

Are school officials allowed to conduct a strip search?

• A recent case in Arizona came down against strip searches of students.
• In that case a teenage student was accused by another student of having non-prescription Ibuprofen with her.
• The court held that the school’s strip search was too invasive, and that school administrators don’t have a blanket right to strip search students.

What sorts of questions are off limits in a job interview?

Generally, questions relating to

• race,
• age,
• religion,
• marital status,
• children,
• political views or
• health problems are usually off limits.

Any topic that could lead to discrimination is generally off limits, but this is a complex area of the law and there are several exceptions.

What laws regulate which interview questions are illegal?

• It’s a patchwork of federal and state laws.
• The Civil Rights Act of 1964 is the primary anti-discrimination law, but it has been amended and modified many times.
• Missouri also has a Human Rights Act.

What if the job applicant is disabled?

• You can’t ask if they are disabled or ask them for details regarding their disability, but you can describe the required functions of the job and ask if they are able to perform those tasks.

Can the interviewer ask about children, or future plans to become pregnant?

• No. They can ask if the applicant is able to work the hours required for the job, but both male and female applicants must be asked the same questions.

What should someone do if they are asked an illegal question in an interview?

• It’s a tough call, because if someone answers the question and is denied the job, it may be difficult to prove that discrimination was the reason behind the denial.
• But if you feel you have been discriminated against, you can file a claim with the U.S. Equal Opportunity Employment Commission.
• They have offices in Kansas City and St. Louis.