"I chose to go to law school because I thought that someday, somehow I'd make a difference." -A.

October 12, 2017

Why Commercial Truck Driving Is One of The Toughest Gigs in the World

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Truck drivers get to traverse some of the most remote and interesting stretches of roadways in America on a pretty regular basis. Even commercial truck drivers who operate local routes may be assigned to work in areas that far away from their homes. The world of trucking is open to truckers of all ages and backgrounds, but one thing is certain - operating a commercial truck can be one of the most dangerous decisions you make. It is estimated that more than one-fourth of all occupation-related deaths in the trucking industry each year. Truckers drive long routes, often without an assistant driver there to take over when they need to rest. Here are some of the reasons that commercial truck drivers have what may be the toughest gig on the planet.


Truck Drivers Are Incentivised to Take Safety Risks
When you look at the statistics for what professional truck drivers earn in a year, your interest may be piqued when you see that the top earners can clear six figures. According to Trucks.com, the average commercial truck driver earns a little less than $20 per hour. Professional truckers can increase their earnings if they complete their routes faster, work overtime, or pull more shifts every week. There’s nothing wrong with working more than 40 hours per week, but exhaustion is a very real danger when you are operating a piece of heavy machinery that weighs tens of thousands of pounds. In short, companies wanting to meet their quotas can push truck drivers to work longer hours in exchange for a bigger check. 

Commercial Trucks Aren’t Always Safe
First and foremost, commercial trucks consume diesel fuel. Heavy-duty trucks get fewer miles per gallon than standard sized cars, and they also have massive gas tanks. When you consider what a trucker has to pay just to keep their work vehicles all gassed up, maintenance can be a really big expense that requires some repairs to go unaddressed for longer than they should. Although the Department of Transportation requires commercial trucks to be inspected and certified as safe for use on public roads, commercial trucks don’t always come with airbags. What this means is that commercial trucks may be safe for other drivers to be around but not contain safety features that protect the lives of professional truck drivers. 

Public Roads Are Always Dangerous for Truckers 
Whether it’s late on a Saturday night in the middle of July or early on a Monday morning after a snowstorm, truck drivers take a risk every time they get in their work vehicles. Open roads are always a bit tricky to drive on because you don’t know what there’s going to be around the next bend, turn, or bump. Even still, professional commercial truck drivers carry their loads over stretches of public roadways and are expected to make it on time and in one piece. 

Women make up less than 10% of all professional truck drivers in the U.S. The industry is dominated by men because long-haul drivers are stereotyped as being macho and rugged. While they may not all look the same, professional commercial truck drivers are definitely built tougher than the average. 

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Four Tips for Documenting a Personal Injury for Court

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After a serious accident, your first instinct may be to put the experience behind you as quickly as possible. However, moving on too quickly could prevent you from being properly compensated for your injuries. In fact, the steps that you take after suffering from an injury that was through no fault of your own could be key to getting the compensation that you deserve. Whether you have been injured at work or elsewhere, proper documentation of your injury and its effects on your life is essential for when you take your case to court. Here’s what to do to make sure that you’re in tth the best chance of getting the compensation that you deserve. 


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August 3, 2017

Resolving Insurance Disputes

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Insurance companies have a reputation, arguably deservedly so, for being reluctant to pay out on policies and creating and exploiting loopholes to avoid paying out on legitimate claims. When an insurer acts in this way, they are said to be acting in bad faith and the policy holder may choose to take them to court if they believe they have a strong case. The insurance industry is one of the most heavily regulated in the United States, and while regulations will vary between states there are some aspects of resolving disputes with insurers that are universal. Every state will have a law with a name such as ‘Unfair Insurance Practices Act’ (UIPA) or ‘Unfair Claims Settlement Practices Act’ (UCSPA), searching online for similar terms and the name of your state should return the exact legislation in the search results.

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July 22, 2017

Cabutihan vs. Landcenter

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Facts:
  • Cabutihan filed an action for specific performance against Landcenter Construction and Development Corporation with the RTC of Pasig.
  • According to Cabutihan, Landcenter Corporation did not comply with their obligation in a Deed of Undertaking wherein they agreed that Cabutihan would facilitate and assist Landcenter Corporation in recovering a parcel of land located in Paranaque in consideration of 20% of the land to be recovered.
  • Thereafter, Landcenter Corporation filed a motion to dismiss on the ground of improper venue.
  • They contended that since the primary objective of Cabutihan was to recover a property, it is a real action. Hence, the case should have been filed in the RTC of Paranaque where the land is situated pursuant to the rules.
  • The RTC granted the motion to dismiss.
  • Cabutihan assailed the said order.

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July 2, 2017

Legal Name in the Philippines

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Name is defined as a word or set of words by which a person or thing is known, addressed, or referred to. In our jurisdiction, a person’s legal name is composed of two parts namely the given name or proper name (also known as the first name) and the surname or the family name. The legal name of a person is one that is registered with the Civil Registry. Under the Philippines, a person acquires his or her legal name upon the filing of the birth certificate with the Office of the Civil Registrar. The name that appears on the said certificate shall be the legal name that will be used by the said person in exercising his capacity to act under the law and in his fitness of being subject to legal relations.

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