Archives for July 2012

Driving Hour Log Violations—18 Wheeler Accidents

In today’s competitive market, with the strong emphasis on profitability, many trucking companies and over-the-road truckers face intense pressure to minimize costs and provide quick turnaround to their customers. Unfortunately, one of the areas where trucking concerns can cut corners is with respect to driving or maintenance logs. Federal laws require that truckers maintain accurate logs of their activity, tracking how many hours they are driving in a given period, as well as how much cargo they are carrying. To maximize profits, they may drive without adequate rest, or may carry loads that exceed safety limits. In far too any instances, these shortcuts result in serious injury to others on the road.

The Federal Highway Administration takes the regulations governing hours of service very seriously. Trucking executives have been sentenced to time in federal prison for instructing and conspiring with employees to falsify driving logs.

If you have been injured in an accident involving an 18 wheeler, tractor-trailer or big rig, you want an experienced and effective attorney to protect your interests. The lawyers at Taylor & Boguski can help.

The 11/14 Rule for Truck Drivers

Federal trucking regulations mandate that:

  • A truck driver cannot work more than 14 hours in a 24 hour period.
  • In addition, you cannot drive more than 11 hours in any 24 hour period without taking a 10 hour break. Accordingly, a trucker may not drive the last 11 hours of one day and the first 11 hours of the next day. They must take a minimum 10 hour break after 11 hours during a 24 hour period.

The purpose behind reducing the number of hours on the road is to assure that the trucker is well-rested, and can be alert at all times while on the road.

Truckers and trucking companies can employ a variety of schemes to falsify driving hour logs, including using two sets of logs, or simply understating time on the road. An experienced lawyer will look at all food and gas receipts and will cross-reference them with driving log entries, looking for evidence of fraudulent activity.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Workers’ Compensation—Different Types of Petitions

If you have been hurt at work in New Jersey, you will most likely be required to seek monetary recovery for any losses through the state’s workers’ compensation system. The process can be complex and confusing, though. This blog post identifies the different types of petitions that can be filed during the course of an application for workers’ compensation benefits.

An Informal Claim Petition

If you are involved in a dispute with your employer regarding compensation for a work-related injury, you can file a petition or application for an informal hearing. This hearing will be scheduled before a judge of compensation. The hearing with the compensation judge is designed to help you avoid litigation regarding your right to compensation, as litigation will typically be a more involved and time-consuming process. A wide range of issues can be addressed at an informal hearing, from the permanency of benefits to the amount of temporary benefits, as well as payment for any medical treatment.

Just because you file an informal claim petition does not mean that you cannot later file a formal petition. Any statements or offers you make during the course of the informal hearing will not be binding in subsequent proceedings. You can secure legal counsel to represent you in an informal hearing, but it is not required. If you do retain legal counsel, you will be responsible for paying your own legal fees.

A Formal Claim Petition

You can also file a formal claim petition with the New Jersey Workers’ Compensation Division. This must be done within two years of your injury. Your case will typically be assigned to a district office of the Workers’ Compensation Division in which you live, or where the employer is located. In most instances, your first hearing will be within six months of the filing of your petition.

When you file a formal claim petition, you can also file a motion for medical and/or temporary benefits. This will allow you to receive some compensation while your claim is being resolved.

Occupational Injury Petitions

Though most workers’ compensation claims are based on traumatic accidents, where you suffered an injury because of a specific event, you can also seek benefits for a work-related illness, known as an occupational disease. An occupational disease can include a repetitive stress injury, or it can stem from exposure to chemicals or other substances, leading to cancer, heart disease or other malady.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

If you have decided to file for divorce, or are a party to a divorce proceeding, you may want to resolve matters, if at all possible, without the need to go to trial. Divorce litigation can be costly, in terms of time, money and emotions. There are options that will not only minimize stress, anxiety and expense, but will give you greater control over how your differences are resolved. This blog post looks at the ways you can avoid divorce litigation.

The first step to minimizing the risk of divorce litigation is to fully understand the costs of taking matters to trial. If you choose to dispute everything, and require a judge or jury to determine the outcome, you will necessarily go through a lengthy process. Once a divorce complaint has been filed, the court will establish a discovery schedule. This sets forth the amount of time that will be spent gathering all relevant information to determine child custody and visitation, child support, alimony or spousal support, and the division of marital debts and assets. In most instances, there will be requests for production of documents, as well as depositions of parties and other relevant witnesses. Your lawyer will expect to be paid for every task they handle for you. If they draft a request for production of documents, or a response to such a request, you will be billed. When they review all documents, you will be billed. When they appear on your behalf at a deposition, meeting or hearing, you will be billed. And, in addition to the expense, such actions take time.

Once you understand the cost of divorce litigation in terms of time and money, you should take a look at alternative means of dispute resolution, including negotiated settlements, mediation, and the collaborative approach to divorce. In a negotiated settlement, you and your counsel work directly with your ex-spouse and opposing counsel to work out agreements governing custody and support, as well as property matters. In mediation, you work with a neutral third party, who facilitates efforts to find mutually beneficial solutions. In the collaborative law process, you and your ex-spouse agree to try to resolve all matters without the intervention of the court. Your lawyers can also participate in the process.

The common component of successful negotiation efforts, mediation and collaborative law attempts is a willingness to work with your former spouse to find solutions that work for both of you. This means you may have to identify those items that are not negotiable and those about which you can be flexible. In all matters related to your minor children, however, you should always give priority to what is in their best interests.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail or call 800-404-5299. To learn more about our practice, visit our practice area overview page.