Albuquerque Law Blog

Who is at a higher risk of causing a truck accident?

Operating a commercial-sized truck is demanding and complicated. Truckers must have the appropriate licensing and training, and they must comply with strict regulations that are in place to keep everyone safe. However, there are truckers who fail to meet these criteria and truckers who take avoidable risks.

In an effort to identify these drivers before they cause an accident, the American Transportation Research Institute has released a statistical analysis of the truck driving behaviors that are more likely to cause an accident

What happens when a party breaches a contract in Arizona?

Whether you own a business or partner with a business, you likely have in place contracts that dictate the roles and obligations of your relationship. These agreements can be critical in preventing and resolving disputes, but only when parties comply with them.

If a party breaches -- or is accused of breaching -- a contract, legal actions and remedies like those we discuss below may be appropriate. 

3 common types of medical errors and how to prevent them

There are more medications on the market than ever before. And while having more medication can improve treatment and treatment options for people, it can also increase the potential for medication-related errors, which is already a serious issue. In fact, an estimated 1.3 million people suffer injuries becuase of medication errors every year, according to reports

Below, we discuss some of the most common types of these errors as well as what steps patients and doctors can take to prevent them.

Truckers must be aware of these common distractions

Commercial truck drivers, just the same as every other motorist, are expected to be alert at all times. There is never a situation in which it's okay to fall prey to a distraction, as this increases the risk of an accident.

Unfortunately, all motorists have the tendency to become distracted at times. Here are some of the distractions that often cause trouble for truckers:

Papa John's and the poison pill provision

Businesses can suffer major consequences when the company leaders violate the law, make unpopular statements or otherwise compromise the business' reputation and image. One recent example of this is the situation involving the founder of Papa John's.

In recent months, statements by John Schnatter have put the pizza chain in a position to respond to controversy and dropping stock prices. And despite Schnatter stepping down as CEO and chairman of the board, the board of directors recently took steps to prevent him from regaining control of the company. They did this by approving a poison pill provision.

Adverse outcome not always indicative of medical malpractice

When people take medication, undergo surgery or receive care in the hospital, the hope and expectation is that they will feel better as a result. Unfortunately, this doesn't always happen and people can suffer a complication or adverse medical event. 

In these situations, it may seem like the cause is medical mistake or malpractice. However, there are many situations where this would likely not be the case.

3 parties facing troubling consequences of the trucker shortage

Did you know that there are currently about 63,000 truck driving positions open in the United States? This labor shortage is worrisome, and reports state that it may not be getting any better. And it's not just affecting consumers dealing with price increases and delivery delays.

Trucking companies, truckers and motorists are also facing troubling consequences of the shortage. And for these parties, it could be costing them a lot more than money.

All is not fair in business and competition

Most of us, at one time or another throughout our lives, have seen or heard the saying "All is fair in love and war." So, likewise, should all be fair in business and competition? According to 2006 New Mexico Statutes, Section 57-12-3, "unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful." In other words, unfair competition will not be allowed.

In an article published by The Balance Careers, updated July 1, 2018, we find several examples of practices that would be considered unfair in the business world. However, almost all of them fall under one of two main categories.

Personal injury settlements can benefit everyone involved

Personal injury cases that go to trial can be time-consuming and expensive for both sides. The majority of these cases never make it to the point of a trial. Instead, these cases typically get resolved using the settlement process.

These settlements are often mutually beneficial for plaintiffs and defendants. No matter which side of the case you are on, negotiating a settlement can be a viable solution.

What are WSPEs and what can patients, doctors do about them?

Having surgery can be a frightening experience for anyone, whether they are undergoing elective, cosmetic surgery or surgery that can save their lives. Every surgical procedure comes with some risk, and there is no guarantee that an operation will be free of complications.

As such, it is crucial that doctors thoroughly explain the risks to patients and comply with accepted surgical guidelines, as these basic measures can make the difference between success and failure. Unfortunately, this doesn't always happen.

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