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    The Law Offices of Chaikin and Sherman, P.C.

    Phone - 855-206-8760

    Fax - 202.659.8680

    Washington DC Personal Injury Lawyer Blog

    Archive for May, 2010

    In Maryland DC Personal Injury Protection (PIP) Automobile Insurance Provides You with Coverage Regardless of Whether You Caused the Accident

    Monday, May 24th, 2010

    PIP stands for Personal Injury Protection.   If you are involved in an automobile accident, PIP coverage will provide you and any passengers in your vehicle with coverage for lost wages and reasonable medical bills that were incurred as a result of the accident, regardless of who is at fault.   In some states, such as the District of Columbia, PIP coverage will provide additional insurance coverage to pay for funeral expenses, if there was a death as a result of the collision.   

     However, PIP coverage is neither required nor automatically part of your insurance policy.  You must elect to make PIP coverage part of your insurance policy.  For instance, in Maryland, the insurance carrier must offer you PIP coverage at the time you purchase your insurance policy and can only be declined by signing a waiver declining this coverage.   PIP coverage can provide very important benefits to you if you are in an accident, and provide additional financial security at a time when you are incurring medical expenses and lost wages.   We suggest that our clients look at their current insurance coverage and determine if they have this coverage, and if they do not make a determination as to whether they want to have this additional level of security.  We offer a free insurance review.  If you would like to take advantage of this, please call the office and ask for one of the partners, Ira Sherman, Joe Cammarata or Allan M. Siegel.

    Tags:
    Posted in auto accidents | 5 Comments »

    Miscellaneous Rules for Tractor-Trailer Operators

    Wednesday, May 12th, 2010

    Miscellaneous Rules for Tractor-Trailer Operators

    1.  Use of Extreme Caution by Truck Driver in Hazardous Conditions

    Extreme caution is required by the operator of a tractor trailer in adverse and/or hazardous weather conditions. Much like the operator of a passenger motor vehicle should use heightened caution in the operation of his/her motor vehicle in adverse/hazardous weather conditions, so too is a tractor trailer driver required to use heightened caution. Actually, the tractor trailer driver is specifically required to use extreme caution in adverse/hazardous weather conditions.

    §392.14 of the Federal Motor Carrier Safety Regulations, states “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect the visibility or traction.” It further indicates “Speed shall be reduced when such conditions exist.” It goes on to state “If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.”

    2.  Drug and Alcohol Use and Testing Thereof

    Drivers required to have a commercial drivers license under Part 383 of the Federal Motor Carrier Safety Regulations must be tested for drug and/or alcohol use if they drive a vehicle weighing more than 26,000 pounds including a towed unit weighing more than 10,000 pounds, or with a gross vehicle rating of more than 26,000 pounds, or designed to transport sixteen or more passengers including the driver or used to transport hazardous materials.

    Posted in tractor trailer | 1 Comment »

    Federal Motor Carrier Safety Administration

    Friday, May 7th, 2010

    The Federal Motor Carrier Safety Administration (FMCSA) develops, maintains, and enforces the Federal Motor Carrier Safety Regulations (FMCSR) that promote carrier safety, industry productivity, and new technologies.

    The FMCSR establish safe operating requirements for commercial vehicle drivers, carriers, vehicles, and vehicle equipment. The FMCSR are applicable to all employers, employees, and commercial motor vehicles which transport property or passengers in interstate commerce.

    Tags: , ,
    Posted in tractor trailer, Uncategorized | Comments Off

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