Bence Law Firm COVID-19 Update

You Don’t Need to Leave the House to Meet with Our Lawyers.

Concerned About Coronavirus?

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Bence Law Firm we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorney remains available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

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Senate Hearing Over Safety Concerns with Young Truck Drivers

A Senate subcommittee recently met to discuss lowering the age of truck drivers on U.S. roadways. A bipartisan bill seeks to authorize drivers as young as 18 to get behind the wheel of a commercial truck for interstate trips.

Currently, truckers who want to drive across state lines must be 21 or older. The bill would allow younger drivers on interstate trips after completing an apprenticeship with an experienced truck driver. The young drivers would have to complete two probationary periods that would total 400 hours, and spend 240 of those hours driving the truck under the supervision of the older driver.

Supporters of the bills call it a step towards trucking safety and a way to reduce the nationwide truck driver shortage. However, young drivers in general have higher rates of being involved in auto accidents. This leaves many questions left to be answered about how wise the plan really is.

Dangers of Young Drivers

Studies show that young drivers are more likely to be involved in crashes. This is the reason insurance companies charge higher rates when drivers are under the age of 25. Naturally, putting them behind the wheel of an 80,000-pound truck raises concerns.

The primary concern relates to inexperience. New drivers don’t have a lot of driving time under their belts, even in standard passenger vehicles. Trucks are even more difficult to maneuver and require longer stopping distances. Lowering the age for interstate truck travel would mean putting drivers with less cumulative driving experience on the road for long stretches of time.

Young truckers will carry all of the same risks that are already present with young drivers behind the wheel of smaller vehicles. The only difference is that the accidents they may cause will be much more severe.

Will the proposed apprenticeship program be enough to ease these concerns? Bence Law Firm will continue to monitor the progress of this bill and what it might mean for Alabama truck accident victims.

How Can Bence Law Firm Help Me?

The aftermath of a truck accident can be chaotic and confusing, especially if you or a loved one was injured. A Phenix City truck accident attorney at Bence Law Firm LLC can help relieve the pressure and pursue the compensation you deserve for your medical expenses, lost wages, and other losses.

Attorney David Bence provides comprehensive and customized legal services to each client. He knows what it takes to prove a truck accident claim and will demand maximum compensation for you.

Call or contact us today to arrange your free consultation.

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Frequently Asked Questions About Alabama Truck Accidents

Truck accidents aren’t like other vehicle crashes. Commercial trucks are larger and heavier than standard passenger vehicles. That means when a tractor-trailer is involved in an accident, the injuries tend to be severe and the chance of fatalities rises dramatically. 

There were almost 450,000 police-reported crashes involving large trucks in 2017, the most recent year for which data is available from the Federal Motor Carrier Safety Administration (FMCSA). Of that number, 4,889 large trucks and buses were involved in fatal crashes, a nine percent increase from the previous year. Thousands of people are injured in these crashes, which can result in lifelong disabilities, pain, and suffering.

People who are injured in Alabama truck accidents may be entitled to compensation to cover their medical expenses, lost wages, lost earning capacity, and other damages. It’s important to talk to a skilled truck accident attorney as soon as possible. 

Have you been hurt in a collision with a truck, semi-truck, or 18-wheeler? Call or contact Phenix City truck accident attorney David Bence at Bence Law Firm LLC for a free consultation. 

What Are the Common Causes of Truck Accidents?

Driving a large truck takes skill. These rigs are large, heavy, and have numerous blind spots that can make seeing other vehicles on the road difficult. Large trucks also require regular maintenance and need to be inspected to check for mechanical problems. These issues, along with pressure on truck drivers to complete their deliveries on time or early, all contribute to the growing number of truck accidents on U.S. roads. 

Common causes of truck accidents include: 

• Distracted driving: Truck drivers aren’t immune to the lure of cell phones and other devices while driving. However, they are bound by state and federal law not to use those devices behind the wheel. Checking directions and eating while driving are other forms of distracted driving that can cause collisions.  
• Driver fatigue: Many truckers drive long distances and work on short deadlines. They may be offered incentives to make deliveries on time. As a result, they rest too little as they push to meet those demands. However, FMCSA has established hours-of-service regulations that mandate certain rest periods for every trucker. Failure to follow those standards can have serious consequences if a driver falls asleep and causes a crash. 
• Mechanical failures: Truck owners are required to maintain their trucks and equipment.  But there are times when maintenance goes unchecked or is rushed to meet shipping demands. Poor truck maintenance and faulty mechanical parts can be a contributing factor in accidents. 
• Speeding: Truck drivers who choose to ignore speed limits or engage in other dangerous driving practices can be held liable if their recklessness results in an accident.
• Driving under the Influence: Any driver under the influence of drugs or alcohol is a danger to others on the road. Truckers are held to a higher standard than other drivers, which means that a blood alcohol concentration of only .04 percent (half that of civilian drivers) is enough to be considered intoxicated driving. 

There are a number of other circumstances that can also lead to truck accidents, such as inclement weather, improper cargo loading, blind spots, wide-swinging turns and blown-out tires. 

What Should I Do if I’ve Been Injured in a Truck Accident?

Here is a list of the things you should do if you’ve been in a truck accident: 

• Get medical help: Even if you are not sure how severe your injuries are, be sure to seek medical attention right away to protect your health and your legal rights. Some injuries are not immediately apparent.
  
• Exchange insurance information: Make sure to get the names and insurance information of everyone involved in the accident. 
  
• Get witness information: If there were witnesses to the crash, make sure to get their names and contact information
  
• Document the accident scene: Take photos of the vehicles from multiple angles. Make sure to include damage to both the car and truck. Get shots of any skid marks or debris from the accident on the road. You should also photograph your injuries from the time of the accident through the healing process.  
  
• Contact an experienced Phenix City truck accident attorney: At Bence Law Firm LLC, our legal team provides personalized, comprehensive legal services to truck accident victims. Truck accident claims are much more complex than traditional car accident cases. Don’t talk to any insurance representatives until you’ve arranged a free consultation with Attorney David Bence. 

Why Is a Truck Accident Worse Than a Car Wreck?

A truck can weigh up to 80,000 pounds, while a typical car will usually only weigh around 3,000 pounds. The extra weight and force behind a truck’s impact can crush a car while leaving the rig itself relatively undamaged. 

Trucks may also be carrying any number of hazardous, flammable, or chemical materials that can lead to explosions and disfiguring injuries, such as burns. For these reasons, truck accidents are typically more serious than car wrecks. 

Who Can Be Held Liable for a Truck Accident?

That depends on the facts of the case. Liability for a truck accident can fall on multiple parties, including yourself. Possible defendants in an Alabama truck accident claim include:

• Truck driver
• Trucking company 
• Truck owner
• Cargo loaders
• Truck manufacturer
• Auto parts manufacturer
• Other drivers
  

It’s critical to talk to a knowledgeable truck accident attorney who can determine who should be held accountable for the crash. Unlike most states, Alabama is a contributory negligence state. That means that if you are found even one percent responsible for the accident, you will be unable to recover any compensation to help with your medical expenses and other losses. It’s guaranteed that insurance companies will be scrutinizing you carefully to look for any reason to blame you for the crash. Don’t let them bully you — put Bence Law Firm LLC to work for you. 

What are the Challenges of Pursuing a Truck Accident Claim?

One of the biggest obstacles that people face when going up against trucking companies is the size and resources of the other parties involved. After a serious truck accident, there are teams of attorneys and insurance adjusters working on behalf of the truck driver and the trucking company. Their goal isn’t your health and safety — it’s to minimize their responsibility and pay you as little as possible. That’s why it’s so important to have an attorney by your side. 

At Bence Law Firm LLC, we know the tactics that insurance companies use in an attempt to shirk their responsibilities. We’ll counter them by building a strong, evidence-based case that proves your right to maximum compensation.   

How Long Do Truck Accident Cases Take to Settle?

That depends on the circumstances surrounding the accident and the type of injuries and damages that were caused. At Bence Law Firm LLC, we tackle each case with a thoughtful, tailored approach. There is no “one size fits all” legal strategy. We work to get to know you and your case before presenting your best possible options. 

In Alabama, you have two years from the date of the truck accident to file a claim for compensation. It’s smart to consult with an attorney well before that, though. The more time that passes, the greater the chance that evidence will be lost or witnesses will move away. 

How Can Bence Law Firm Help Me?

People who are hurt in truck accidents often face significant physical, financial and emotional hardships as they recuperate. You deserve to recover in peace without having to worry about how to pay your hospital bills and who will take care of your family. 

Phenix City truck accident lawyer David Bence can help. Founded in 2014, Bence Law Firm LLC focuses on providing customized and compassionate representation to clients who have been injured in Alabama accidents. We don’t buckle when insurance companies try to use intimidation strategies to limit payouts. We fight back.  

If you’ve been injured, you deserve to know your rights. Call or contact us for a free consultation.

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NHTSA Considering Replacing Car Mirrors with High-Tech Cameras

The National Highway Traffic Safety Administration (NHTSA) recently announced that it is considering replacing the rear and side-view mirrors in vehicles with high-tech camera monitoring systems.

New car technology is hardly surprising today when self-driving cars are more than just a concept but a reality. Likewise, backup cameras are already commonplace in many automobiles. But these cars are still equipped with mirrors in addition to cameras, so the question is: Will drivers be safer without their side and rearview mirrors?

At the Bence Law Firm LLC, our lawyers believe that any safety features that can protect motorists and decrease the number of car accidents on roadways are a good thing. With the right studies, design, testing, and execution, replacing mirrors with cameras could be the next step towards the Alabama Department of Transportation’s Zero Deaths goal.

Pros and Cons of High-Tech Cameras Vs. Mirrors

In 2014, Tesla Inc. and the Alliance of Automobile Manufacturers asked NHTSA to allow camera monitoring systems in lieu of standard mirrors. Both stated the primary benefit of adopting this new car technology would be to improve fuel efficiency and reduce aerodynamic performance.

However, NHTSA stated that replacing traditional mirrors with cameras could potentially introduce new safety risks. In a five-year study from the agency, researchers found that certain conditions could affect visibility. For example, display screens could be too bright for drivers to detect obstacles on the road at night, and camera lenses could produce warped and distorted images from being obstructed by raindrops.

Even with these potential risks, the NHTSA’s 2017 study on a preliminary version of a camera monitoring system rendered the new technology “generally usable.” It even found that the cameras produced better images and improved driver visibility at dusk and dawn.

What Could This Mean for the Future of Car Accidents?

Many proponents believe that the high rate of car accidents in America could be reduced if NHTSA allows mirrors to be replaced by cameras. According to a recent report from the research-based publication PHYS, “electronic cameras on a vehicle can give a driver a better view than conventional mirrors, eliminating blind spots which can lead to accidents.”

Should We Replace Mirrors with Camera Technology?

No matter how small an automobile innovation may seem, thorough testing for safety and effectiveness is crucial before mass production. NHTSA is currently seeking research from objective outside sources to find data on the potential safety impacts of replacing car mirrors with camera monitoring systems. Research and testing periods can often take years to process before any changes to auto safety standards can be made.

Contact a Phenix City Car Wreck Lawyer Today

Although innovative car technology is being developed and tested every day, none of them can yet eliminate the dangers posed by human error. If you or someone you love has been injured in a Phenix City car accident due to someone else’s recklessness, you may be eligible to file a legal claim against them for compensation.

At Bence Law Firm LLC, our experienced team of Phenix City car accident attorneys will demand maximum compensation for your injuries, lost income, pain and suffering, and other losses.

Call or contact us for a free consultation.

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Carmakers Agree To Add Alarms To Prevent Child Heatstroke Deaths

A recent decision by automakers could mean that the number of children killed in hot cars will soon be on the decline.

A total of 20 automakers have agreed to install electronic alerts to remind people of children in back seats. These child alarms will be available in cars by the 2025 model year, according to The Associated Press.

The personal injury attorneys at Bence Law Firm commend automakers for making child safety a priority. Hot car deaths are entirely preventable and happen in nearly every state, including Alabama.

Hot Car Death Statistics

Every year, an average of 38 children under 15 die in the United States after being trapped in hot cars, according to the National Safety Council (NSC).

• Consider these disturbing figures:
• Hot car deaths reached a record high in 2018, with 53 children dead.
• Heatstroke is the leading cause of non-crash-related vehicular deaths in children under 15.
• Since 1998, almost 800 children have died from vehicular heatstroke.
• More than half of all hot car deaths occur because parents and caregivers forgot the child was in the vehicle.
• A child’s body heats up three to five times faster than an adult’s body does.
• A child can have a heat stroke when the temperature outside is only 57 degrees.

Tragic Mistake Vs. Wrongful Death

While many people are quick to claim they would never forget their child in the car, a psychology professor recently told Consumer Reports that forgetting a child “is not a negligence problem, but a memory problem.”

It’s true that a busy schedule or change in routine could cause a parent to mistakenly leave a child in a car. There are also tragic instances where parents deliberately left their children behind. However, there are cases in which negligence does play a role.

For example, the family of a child who dies after being left in a daycare bus or private school transportation vehicle may have grounds to file a wrongful death lawsuit against the person entity left in charge of that child’s welfare.

Preventing Leaving a Child in the Car

To help reduce your chances of accidentally leaving a child alone in your vehicle, you should develop a system of safeguards to remind you before exiting your vehicle.

Examples include:

• Putting visual reminders in the front seat (e.g., diaper bag, child’s jacket, hat, etc.).
• Placing essential items in the back seat (e.g., purse, wallet, lunch, briefcase, laptop, etc.)
• Setting a cell phone alarm for the time when the child should be dropped off at school or daycare to ensure that you don’t forget.
• Asking your child’s daycare about the protocol for making children aren’t left behind in vehicles.

It’s also important to keep your car locked at all times when you are not in it. More than one-quarter of hot car deaths occur when children crawl inside vehicles and could not get out, according to the NSC.

Can a Lawyer Help in a Hot Car Death Case?

Unfortunately, there are times when a child’s death in an unattended vehicle could have been prevented. That’s when it’s time to consult with an experienced wrongful death attorney like the ones at Bence Law Firm.

Although wrongful death compensation can never make up for the loss of a child, taking legal action against the negligent party may make it possible to prevent such a tragedy from befalling someone else.

If your child was injured or passed away after being left alone in a car, contact us today for a free consultation.

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