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Trucks cross Delaware roadways every hour of every day to get their freight where it needs to go. Even seasoned truckers with years under their belts may not always use the correct streets or thoroughfares to get from one point to another. Similarly, they may rely on an outdated GPS and end up driving their trucks in areas that cannot accommodate their full truck height.
To cut down on the incidents of truckers knowingly or unwittingly traversing roads not meant for vehicles their height, Delaware legislators have passed new regulations. The legislation ensures violators will be penalized financially.
Most motorists have seen warnings aimed at truckers, especially before underpasses and bridges. Usually, these warnings note the maximum truck height allowed on the road. They may also offer alternative routes for truckers to avoid problems such as bridge strikes. A bridge strike occurs when an excessively tall truck trailer hits the bottom of a bridge, potentially causing property damage or a truck-related accident or fatality.
Emerging technologies now allow municipalities to determine when a truck of an inappropriate height has passed along a roadway. Mounted sensors send information including truck license plate numbers to the municipality, ensuring law enforcement can issue fines to truckers who neglect to drive responsibly.
Other states have adopted similar truck vehicle height monitoring legislation, but only Delaware appears to allow any municipality to take advantage of the monitoring system. In other words, any city, township, or other applicable entity can use vehicle height monitoring to help reduce problems on their roadways. Other states typically focus their vehicle height monitoring legislation on or around large cities.
It should be noted that the legislation is not limited to commercial trucks. Individuals driving rental trucks, such as self-service moving vans, could also be fined for violation of height and road restrictions.
The goal of all vehicle height monitoring laws is to reduce any collisions with truck trailers or beds and bridges or underpasses. Additionally, vehicle height monitoring can be used to encourage trucks to use alternate routes. Currently, some municipalities have reported repeated problems with truckers ignoring warning signs and driving through residential neighborhoods.
How does the legislation impact offenders? It hits them in the wallet as opposed to taking away their ability to work or continue a chosen career.
Truckers caught violating posted vehicle height limits will receive a warning the first time they are caught. For second and subsequent violations, they will be fined $250 and $500, respectively. They will not, however, receive any points on their driver’s license as a result of violating vehicle height restrictions.
Everyone who drives or is a passenger deserves to arrive alive and unharmed to their destination. Still, sometimes accidents with trucks happen. If you have been hurt or a loved one was killed in a truck accident, call the Milford truck accident lawyers at Rhoades & Morrow. To schedule a free, initial consultation, call us at 302-422-6705, or contact us online. Located in Bear, Wilmington, and Milford, Delaware, we represent clients throughout the state including Seaford and Elsmere.
Workers in numerous fields encounter objects, items, and situations that can lead to the possibility of chemical burns. Like all burns, chemical burns can range from minor to deadly, making it important for every employee to take safety concerns seriously. Otherwise, workers may need to take time off to recuperate, necessitating the initiation of a Workers’ Compensation claim or, in more extreme cases, a personal injury lawsuit.
Chemical burns occur when a chemical agent or otherwise toxic substance causes harm to the soft tissues, organs, or other parts of the body. A few frequently seen chemical burn-causing substances include acids, pesticides, and solvents.
The chemical does not have to spill directly on a person to cause problems. For instance, airborne chemical distribution can lead to irritation and injury of the eyes, lungs, and other areas. Similarly, inhaled toxic items may cause burns inside the body that can only be seen through medical tests.
Workers who are most likely to be impacted at work by chemical burns should always rely on safety equipment and protocols to limit exposure to chemical agents. Some of the basic safety gear available to employees include helmets, prescription or non-prescription protective eyewear, and gloves. In some situations, employees may have to access eye wash stations immediately to wash away chemicals when appropriate or wear whole-body hazmat suits for coverage.
In addition to these types of safety options, teams may adopt certain processes and procedures that reduce the risk of chemical burns. Normally, any operational safety measures will be explained to workers through initial and ongoing training and development. Over time, the measures may change relative to evolving needs of the company or an individual worker’s position.
When an individual suffers from a chemical burn, the person may experience numerous symptoms, not all of which are immediately apparent. Rashes, blisters, red marks, welts, and obvious signs of irritation and tissue burning often coincide with chemical burn incidents. Additionally, less obvious symptoms can include mouth, lung, throat, and eye irritation, and pain. Exposure to especially toxic agents have even been linked to brain damage, nerve damage, and other potentially life-altering conditions.
Response time remains critical in limiting the lasting effects of chemical burns. Workers should follow the designated first aid steps after exposure to any toxic chemical, such as washing off the chemical, applying burn cream, or calling 911. Medical attention is always warranted to document even mild chemical burns, as the burns could lead to difficulties later.
Workers who cannot go back to work immediately after a chemical burn accident may want to file a Workers’ Compensation claim with the help of a legal representative. This allows them to receive the correct monetary compensation for their suffering.
Chemical burns can lead to extensive physical and mental problems. If you or a loved one was exposed to a chemical at work, you may be entitled to compensation. The Wilmington work accident lawyers at Rhoades & Morrow have the experience to walk you through the process and help you obtain the maximum benefit for your injury. Contact us online or call us at 302-427-9500 for a free consultation today. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.
While many enjoy the vibrant colors of the autumn landscape, all those beautifully colored leaves must fall. Wet leaves can become as slippery as an icy pond while piles of leaves can hide hidden dangers, such as uneven sidewalks, potholes, and wheel stops in parking lots. Injuries from slip and falls on autumn leaves can result in serious injuries requiring long recovery periods and lost wages.
Autumn leaves can be overwhelming to keep under control. Just when you think you cleared your property, a windy day can bring more leaves that cover your lawn, sidewalk, and steps. When someone falls and is injured on your property, you can be held liable if you fail to properly maintain it. Clearing leaves from sidewalks, driveways, steps, and curbs is the responsibility of the home or business owner. Failure to keep up with clearing leaves on your property can result in liability for the injuries of those who slip and fall.
When individuals are injured in a slip and fall accident in public places, retail establishments, and entertainment venues, liability falls on the property owner or the proprietor responsible for maintenance of the property. Many people realize the dangers of snow and ice at these establishments, but others may fail to realize how dangerous autumn leaves can be when they get wet or accumulate.
Walkways and parking lots covered in leaves can hide a multitude of dangers. Uneven sidewalks, potholes, wheel stops, debris, rocks and sticks, and icy patches under the leaves can easily cause someone to lose their balance. Sharp objects such as broken glass and metal pieces under the leaves can cause serious injury when victims fall on them.
Homeowners and property owners are responsible to maintain their properties and keep them free from hazards. While making sure every leaf is picked up as soon as it falls is impossible, a realistic effort at maintaining the leaves is required by law. Proving that landscaping crews have worked on the property, visible piles of blown or raked leaves, or reasonable amounts of leaves on the ground can help a property owner prove that they were not negligent in their legal responsibilities.
If you are involved in a slip and fall accident, it is important to know what to do to protect your legal rights.
If you were injured in a slip and fall accident, call the Delaware personal injury lawyers at Rhoades & Morrow at 302-427-9500 or contact us online to schedule a free consultation today. We will review your case and fight to obtain the compensation you deserve for your injuries. Located in Wilmington, Milford, and Bear, Delaware, we serve clients throughout the state, including the areas of Seaford and Elsmere.
For most families, trick or treating means costume hunting, high anticipation of the neighborhood walkaround, and a load of candy to devour at the end of the night. Yet, like all holidays, Halloween offers unique concerns that cause parents to worry. On the bright side, Halloween safety issues can be mitigated often by a little forethought. A bit of preparation can pay off by ensuring that the only thing spooky about the night is the faux stuffed ghoul sitting on the porch swing, instead of potential accidents.
When children imagine their perfect Halloween outfits, they might not consider how risky some accessories can be. Plastic swords and daggers, as well as masks that obstruct vision, can lead to bumps, falls, and other physical injuries. Every costume should be evaluated for its safety value. It should also be warm enough if trick or treating will be in cold temperatures, as well as protective against rain and wind.
Halloween is not the night to get too adventurous and head into an unknown neighborhood. Children and parents should stick to areas they know well. Ideally, the streets will be well-lit and lots of homes will participate in handing out candy and goodies. The more involved homeowners are, the more likely they can make sure children who visit them are safe and have fun.
Trick or treating takes place during the evening hours. Everyone should try to wear reflective gear in the form of footwear, a hat, or a vest. This allows passing motorists to see trick-or-treaters in time to put on the brakes. Children may dart across streets out of excitement. Being outfitted in reflective items gives them an added measure of security and protection.
At least one responsible adult should supervise a group of children. That way, if something does go wrong, the adult can take the lead immediately. Even young teens should have a parent tag along, just in case.
It can be tough for a child to make good decisions about candy, so parents need to take the lead and examine all treats before allowing their children to eat them. Any goodies with opened wrappers must be discarded. This lowers the risk of youngsters taking in tampered food items or food that has gone bad.
Flames can destroy more than the inside of a pumpkin; they can also cause fires to costumes, trick-or-treat bags, and personal property. If children are visiting a house with a carved pumpkin that has a real candle, parents need to make sure they stay away from the decoration. Otherwise, they could get in harm’s way.
Every parent wants Halloween to be filled with fun. However, if your trick or treating goes awry and someone gets hurt, you may want to talk with a Delaware personal injury lawyer at Rhoades & Morrow right away. Call us at 302-427-9500 or contact us online for a free consultation. With offices in Wilmington, Milford, and Bear, Delaware, we represent clients throughout the state, including the areas of Seaford and Elsmere.
From potholes to gravel, road conditions can make driving difficult, even for people who been driving for decades. In fact, thousands of annual highway injuries can be attributed to hazardous roads. For victims of these collisions and their families, personal injury lawsuits can recover lost income, medical treatment costs, and other expenditures.
Road hazards can vary. Common examples include potholes, disintegrating foundations, cracks, lack of rumble strips, and sudden drop-offs. Missing guardrails can also cause issues, as can missing or damaged signs and markings. Roads that have not been adequately treated, especially in cold weather months, can cause accidents.
Unless a road is private, it will be maintained by a government agency. This could be a township, borough, or a federal or state entity. However, this does not mean that the government agency is the only entity that could be held liable for a car crash caused by hazard road conditions.
Consider the scenario of a dump truck that leaves large pieces of cinder and stone on the road because its bed has not been properly covered. The stone causes a driver to slide into another car, leaving the driver hurt and their vehicle totaled. In this case, the road was not a problem because of maintenance but because the dump truck driver was negligent. Other entities potentially responsible for hazardous roads could include third-party companies hired to maintain the road and other drivers.
Drivers and passengers must be diligent after an accident, as their steps can help them if they need to seek damages later with the help of an attorney. As at all crash scenes, they should call 911, seek adequate medical treatment, and exchange insurance information. If possible, they would be wise to gather witness information and take photographic evidence.
Any driver who has incurred injuries and serious property damage will want to hold onto medical documentation to support a possible personal injury case. Other useful information could include an employer wage statement outlining missed overtime opportunities and lost wages, personal notes on the incident, and even municipal survey records to show the road was a known hazard.
If a driver’s injuries after a hazardous road condition accident were minimal, a personal injury lawsuit may not be necessary. However, some injuries can be worse than they seem. Plus, the at-fault driver’s insurance may not want to cover any medical costs. For these reasons, many drivers who have been in crashes involving poorly maintained or neglected roads may want to talk with an attorney.
If you were hurt in a car accident, speak with a Milford car accident lawyer at Rhoades & Morrow today. Our offices are located conveniently in Milford, Bear, and Wilmington, Delaware, where we serve clients throughout the state, including the areas of Elsmere and Seaford. Call us at 302-422-6705 or complete an online form to arrange a free consultation.
Approximately four people suffer fatal injuries in car accidents every hour across the nation. Each of their deaths leave behind grieving relatives, including some who may have relied on the victim for everything from companionship to financial wellbeing. In fact, certain survivors of deceased car accident victims may be entitled to file wrongful death lawsuits, usually with the help of a personal injury attorney. Winning a wrongful death suit helps them receive financial compensation for their loss by holding the at-fault party liable for the fatality.
A wrongful death lawsuit may sound confusing, but it can be easily explained as akin to a personal injury lawsuit. When a victim becomes injured during a car accident, the victim may file a personal injury claim against the negligent or at-fault driver. In a wrongful death lawsuit, the victim either died immediately or soon after the collision as a result of injuries. The victim’s close relatives can file for damages.
Every fatal car accident has unique characteristics. Nevertheless, many wrongful death lawsuits point to common causes that led to a victim’s death, including driver distraction, driving while under the influence, driver fatigue, aggressive driving, driving against the rules of the road, and even vehicle defects. Some contributors to highway fatalities, such as a faulty or defective vehicle part, can lead victims to pursue compensation from more than one at-fault party. For instance, if a vehicle’s airbag does not properly deploy, the airbag manufacturer may be held liable, as well as the driver of the vehicle that ran into the victim.
Survivors who pursue wrongful death claims by filing a lawsuit may ask for compensation for a variety of reasons. These can include pain and suffering, cost for medical treatment, funeral costs, burial fees, loss of household income, loss of inheritance, loss of consortium, and even loss of nurturing. A knowledgeable attorney can help clients understand which damages to consider based on the situation and their relationship to the deceased.
In Delaware, wrongful death lawsuits are limited to immediate family members. For instance, a spouse, children, or parents can usually file for wrongful death. However, anyone who feels they have a claim in a wrongful death lawsuit may contact a lawyer to find out if their status qualifies them to formally pursue this type of case.
If the deceased victim of a car accident in Delaware was up to 50 percent at fault, their survivors can still file a wrongful death claim. Delaware follows the rule of modified comparative fault, which means if the victim did not bear more than half the burden of negligence or at-fault behavior, the victim’s survivors may be entitled to compensation. The survivors must meet the burden of proof that the at-fault party was indeed negligent. Lawyers skilled in filing wrongful death lawsuits will make sure that all aspects of the crash have been noted and considered to obtain the maximum damages.
If your loved one suffered fatal injuries in a car accident, contact a Wilmington wrongful death lawyer at Rhoades & Morrow today. We will review your case and obtain the compensation you deserve. For a free consultation, call us at 302-427-9500 or contact us online. Located in Wilmington, Milford, and Bear, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.
Social Security Disability Insurance (SSDI) and Workers’ Compensation both help individuals who are unable to work and cover their expenses. Individually, they are both incredibly helpful for disabled individuals. However, many disabled individuals might wonder whether they can collect both Workers’ Compensation and SSDI.
The answer to this question varies from case-to-case, however, any individual who qualifies for both programs can receive benefits from both. However, it is important to note that there is a limit to the amount of money one can receive from both programs. Individuals who are interested in seeking both SSDI and Workers’ Compensation should contact a lawyer for more information.
SSDI and Workers’ Compensation both serve similar purposes, however, they are different. First, individuals should note that they are two different programs. SSDI is a federal program, while Workers’ Compensation is state-run. This is important to note, because Workers’ Compensation programs tend to vary from state-to-state, while SSDI is similar for everyone.
Each program has a different definition of disability. Workers’ Compensation considers an employee disabled when they are unable to perform the tasks related to their current job. The Social Security Administration, however, considers an individual disabled when they are unable to perform any job on the market in the nation. Also, an individual is considered totally disabled if their disability is expected to last longer than a year or if it is expected to cause their death. This difference is important to note because it might affect whether an individual qualifies for one program or both.
Individuals who qualify for both SSDI and Workers’ Compensation should note that there are limitations to the amount of money they can obtain if they participate in both programs. The limit for the amount one receives from Workers’ Compensation and SSDI is 80 percent of the individual’s average earnings. If the amount of money the individual is entitled to is higher than 80 percent, then the amount of money they obtain from SSDI will be reduced. However, since Workers’ Compensation is often temporary, the amount of money an individual receives from SSDI will adjust to a higher amount after it expires.
It is important to note that although Workers’ Compensation affects the amount an individual receives of SSDI, private insurance payments do not affect it. Similarly, a few public benefits, such as Veterans Administration benefits and Supplemental Security Income will not affect a disabled individual’s benefits either.
If you or a loved one is disabled from a workplace injury, please consider contacting a Bear DE Workers’ Compensation lawyer at Rhoades & Morrow. Our lawyers work tirelessly to help our clients obtain maximum compensation for their injuries. If you are interested in speaking to one of our lawyers, contact us online or call us at 302-422-6705. With offices located in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including the areas of Elsmere and Seaford.
No one can deny that autumn in Delaware offers tremendous natural beauty as the leaves begin to change color. However, along with recognizing fall’s appeal comes specific driving responsibilities related to the time of year. Below are some tips drivers can use to make sure they stay out of harm’s way and avoid car accidents while navigating the roads.
Now that children have returned to the classroom, drivers need to be on the lookout for buses and walking school children. Often, children will dart in front of traffic without looking. Anyone behind the wheel who travels around known school bus stops should pay special attention to the needs of youngsters.
Sun glare happens throughout the year at different times of day. In the fall, the sun sets earlier in the evening. Drivers may want to alter their route or travel at different times to avoid sun glare. If sun glare is unavoidable, they should wear proper eyewear and drive cautiously during high-glare times.
Cooler morning temperatures, especially after a balmy evening the previous day, can quickly lead to heavy fog. Fog reduces sight lines and makes traveling hazardous and tricky. Therefore, foggy mornings call for an extra element of defensive driving. Remember that high beams will bounce off fog. Using regular headlights works best when driving through fog.
Use the changing of the calendar as a good excuse to visit a mechanic for a check-up. Have the windshield wipers checked and make sure everything is running smoothly. Winter weather can come suddenly and no driver wants to be caught unaware or without a reliable vehicle.
Deer tend to run onto highways and may not be visible until they are on the road. When driving through an area with a high deer population, drivers should always exercise extreme caution. That way, they have time to step on the brakes to avoid a collision.
Leaves fall everywhere in the autumn, including on the roads. Slippery leaves can cause the same effect as water, snow, or sleet. Drivers should slow down when they are on roads with leaves. Even leaves that appear crisp and dry could hide soggy leaves underneath.
When the road gets cold enough, ice can develop rapidly. A tiny bit of ice can lead to problems and cause a car to veer off the roadway. The best way to avoid getting into a collision due to ice is to be aware of its potential presence and drive accordingly.
If you were injured in a car accident, contact the Bear accident lawyers at Rhoades & Morrow right away. We will review your case and obtain the compensation you deserve for your injuries. Located in Milford, Wilmington, and Bear, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford. For a free consultation, call us at 302-834-8484 or fill out an online form.
The Delaware State Police urge drivers to pay attention to school bus warnings. According to a recent survey of Delaware public school bus drivers, motorists in this state frequently drive past school buses illegally, putting children’s lives at risk. Ignoring school bus warnings can result in fines, driver’s license suspension, and imprisonment. Additionally, those who cause injury to children or other pedestrians may be liable for damages in personal injury lawsuits.
The National Highway Traffic Safety Administration (NHTSA) reports that students are approximately 70 times more likely to get to school safely by school bus than by any other vehicle. Although school buses are a safer mode of transportation than automobiles, children are still at risk when they are waiting at the bus stop, entering or exiting the school bus, and crossing the street. Most children who are injured in school bus-related crashes are not on the bus; they are hit by drivers who ignore school bus warnings and illegally drive past while students are getting on and off the bus.
In Delaware, if a school bus flashes its lights and extends its stop arm, drivers traveling in the same direction must stop and wait for the school bus to move or deactivate the stop lights before proceeding. Drivers traveling in the opposite direction of the bus must also stop unless they are across four or more lanes of traffic.
In 2018, a survey of Delaware public school bus drivers revealed that many drivers continue to flout the law despite safety concerns and existing penalties. Over the course of only one day, the bus drivers reported 1,108 illegal passes while having their lights flashing and stop arms extended. Parents in Delaware continue to express concern over their children’s safety due to such frequent violations and the potentially catastrophic consequences.
School bus accidents are often preventable. The Delaware State Police department recommends that drivers:
If your child was injured in a school bus accident, contact a Wilmington personal injury lawyer at Rhoades & Morrow. We understand how stressful it can be when motorists do not follow the driving laws. We will fight for your rights and obtain the compensation you rightfully deserve. With offices in Wilmington, Bear, and Milford, Delaware, we represent clients throughout the state, including those in Elsmere and Seaford. For a free consultation, please complete our online contact form or call us at 302-427-9500.
Warm weather means more cyclists are on the road, and unfortunately, it also means an increase in the number of accidents sending cyclists to the emergency room. The Beebe Healthcare’s Emergency Department reports treating more than twice the number of trauma cases involving cyclists so far this year than it did over the same period in 2018. The number of cyclists suffering significant trauma has also increased. Some of these injuries required transfer to a Level One trauma center, which included traumatic brain injury, organ lacerations, and bone fractures. While many cycling accidents result from collisions with motor vehicles, that is not true of all bike crashes.
Approximately 900 people lose their lives each year in bicycle crashes and 580,000 head to the emergency room. The largest number of fatalities occur in children and adolescents aged nine to 15, with boys more likely to be fatally injured in a bike accident than girls. The largest number of bike crashes occur in the summer, in the late afternoon or early evening. The most common cause of death, at 60 percent, is head injury, generally after colliding with a car. Head injuries are also the biggest cause of long-term disability in injured cyclists.
Many cyclists may be partly or completely at-fault for the accident, as they might perform stunts or speed. Crashes may also cause genital or rectal injuries in the cyclist. Landing on the handlebars may result in substantial abdominal injuries. Wearing a bike helmet may reduce head injuries by as much as 85 percent and facial injuries by 65 percent. Many cyclists ride off-road bikes, and while they are less likely to collide with a motor vehicle, mountain bike riders have their own share of injuries. Riding too fast results in injuries and deaths, as does hitting an obstacle on the trails and losing control of the mountain bike.
Following some basic safety types can help prevent cyclists from ending up in the emergency room. These include:
It is also critical that cyclists always pay attention to their surroundings and avoid any types of distractions.
If you or a loved one was seriously injured in a bicycle accident caused by a motor vehicle, you need the services of the Wilmington personal injury lawyers at Rhoades & Morrow. We work tirelessly to hold drivers responsible and pursue the damages victims deserve. For a free consultation, call us at 302-427-9500 or contact us online today. With offices located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.