Speed has the Potential to kill when driving an 18-Wheeler

Head on collisions with a semi generally don’t come out in anyone’s favor. At least in this case, while there were serious injuries, there were no fatalities. In this instance a semi and Ford pickup tangled in Idaho.

The Ford pickup was seen to virtually slide through the median on the Interstate; crossing over into the oncoming traffic’s lane. This is when the semi-truck traveling in the opposite direction slammed into the truck. From the accident reports it appears the Ford pickup driver lost control of his truck, smacked into the median, flipped over it due to the force of hitting it, and landed in the left lane on the eastbound side of the highway. The tractor trailer smashed into the truck; pushing it accordion style back into the median.

Responding EMS crews took both of the Ford’s passengers to the hospital. The driver was in serious condition, the passenger fared well enough to be treated and released with minor injuries. The semi driver came out of the incident unscathed. The road was shut down for several hours to clean up the pieces of truck scattered across the highway and for the police to start an accident investigation.

According to the accident report filed by the State police, speed and slick driving conditions were definitely factors in this accident. What other factors were there? Only time will tell, but some of the other issues that could still come to light here are the driver of the Ford using a cell phone, texting, not paying attention to the road conditions and driving under the influence of drugs and/or alcohol.

The Ford pickup passenger and the semi driver, in what may be a bit of a twist in an accident involving a big rig (the rig driver not being at fault), may have good personal injury cases to discuss with their attorneys. Both the trucker and the passenger may be looking at fairly lengthy cases when they file and face months or years of waiting for a settlement.

If they have any idea of what the settlements could possibly be, all things being considered, they may want to do some research into lawsuit funding. A lawsuit cash advance has many benefits for the people waiting for their trial decision. For instance, litigation funding will offer them money immediately to be able to deal with their important bills, pay for medical expenses and medications, lost wages and household expenses.

Volvos with Sticky Pedals?

It seems that even other makes and models of cars may have sticky pedal problems, not unlike Toyota’s Prius. This personal injury accident case from Georgia recounts the story of 27 people being injured after being ploughed down by a Volvo.

It was an ordinary day at the car auction, or at least that was the way it started out. The auction mart was filled with people milling about and looking at various vehicles. A Volvo 960 was being taken inside to be auctioned off when all of a sudden it started to rapidly accelerate and hit 27 people. The police that responded to the call felt the accident was just that, an accident and that the driver had not intentionally set out to harm anyone.

On the surface this accident could have a variety of reasons for happening, from mechanical failure to driver error, which brings up a whole host of possibilities for those injured to file a personal injury lawsuit to recoup their medical expenses among other things. Some of the people hit by the car as it rampaged through the auction mart were air lifted to the nearest medical facility, some were treated by paramedics and one was listed in critical condition. Further investigation into this incident is expected to find out why the car suddenly seemed to go out of control.

Those harmed would certainly have the option of filing personal injury lawsuits. However, these cases are likely to be long and drawn out with litigation centering on several issues such as crashworthiness, driver negligence and a defective gas pedal (product liability). In the meantime, those injured will have to find a way to pay their medical bills, pay for any possible rehabilitative therapy and still try and handle paying their daily bills. This will be difficult if they are not able to work for a period of time.

They may wish to consider litigation funding that would arrive just about immediately and allow them to deal with their financial obligations right away. It’s the waiting for a just settlement that makes lawsuits so scary. This is why a lawsuit cash advance is a smart alternative to trying to tough things out. In addition, a lawsuit loan will let people wait for a just settlement, meaning they don’t have to settle early and perhaps get less than they would from the court.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

A Plane Load of Success for Humanitarian Reasons

A quest is a search for something and in this case, the quest eventually turned out to be a profitable aviation business with humanitarian interests at heart.

During the recession there are a lot of industries suffering significant hits. A turboprop manufacturer in Idaho was just getting its business underway during the same time frame when the recession hit the hardest, giving short shrift to his dreams and plans – temporarily. The business owner, Paul Schaller, snatched victory from the jaws of defeat and niche marketed his turboprop planes for missionary and humanitarian outfits requiring access to dangerous and remote regions. His company name: Quest.
“While this might sound nice and like a worthwhile cause, this also happens to be a burgeoning $300 million market that hasn’t really gone very far since the early 1960s. This particular plane, a ten-seater $1.45 million Kodiak, is certified by the Federal Aviation Administration (FAA). Since that happened, Schaller’s deliveries have blossomed from virtually zilch to over 27, with customers standing in line,” recounted Stewart H. Lapayowker, Esq., an aviation transaction lawyer who focuses his practice on aircraft transactions in Fort Lauderdale, Florida.

Who would argue that using a plane for rescue work is a luxury? Not a lot of people and its usefulness has proved itself over and over. It’s not just the fact that the plane and the business of saving people are in demand, it’s also that this industry employs others. “In other words, it provides jobs in many areas of the business aviation industry. Odd that people seem to think this kind of work and using a plane to get to places is acceptable, when other companies who do the same thing – but do work related tasks – is out of line and unjustified,” Lapayowker commented.

Consider the fact that this small company is now making three Kodiaks a month and has back orders for 120 planes on the books. Quest expects to makes close to $60 million next year. “Part of that revenue will go back into the local community; part will go to the government. In other words, business aviation turboprop planes are more than pulling their own weight when it comes to contributing to the economy,” added Lapayowker.

“This is a heartwarming story with a moral attached to it and that moral happens to be that despite an aircraft industry that is having trouble during the recession, it is possible to make a comeback. Business aviation is the lifeblood of the country, no matter what form it takes – turboprop aircraft or business jets. They all have value that contributes to the economy of this country,” said Lapayowker.

Stewart H. Lapayowker, P.A. is an aviation transaction lawyer focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

Using Planes Actually Means a Well Run Business

Think booming business that provides jobs to Americans, even during a recession. Think smart business means smart business aviation use.

In a world that loves to pounce on excesses, it isn’t hard to find hundreds of people tsk-tsking over the use of corporate jets for private purposes. It happens. However, just because there are some companies or executives that do abuse an asset, does not mean that all companies and executives do it. In fact, the exact opposite is usually the case. It’s just that it makes good grist for the publicity mills to be able to point out instances where corporate big shots pulled a big blunder and used company jets to do their “thing,” while taxpayers footed the bill.

“Fortunately, as bad as a story like that might seem, there is a nugget of reality and truth in it, and that is using business aviation to run a company is not only smart, it means the organization is well managed. For those having trouble with that concept, consider the thousands of miles some companies need to put on to make and maintain a profit. While the profit does go to the company, it also goes to the coffers of the nation, keeping trade open across the nation. In other words, business aviation means the country’s economy is thriving thanks to the mobility and flexibility of using planes to do business,” explained Stewart H. Lapayowker, Esq., an aviation transaction lawyer who handles airplane jet transactions in Fort Lauderdale, Florida.

Business flights are a reality in the world today, and if they weren’t, America would not be what it is capable of becoming now and in the future, thanks to the capacity of planes to make vital connections viable. “Whether it’s getting to a distant office on the other side of the country to handle a production problem, sending sales teams for training on a new avionics model, or getting a critically ill person to the nearest high tech medical facility, business aviation is crucial to America’s well-being,” added Lapayowker.

If a business executive had to make four stops in one day, each involving a meeting and resolution of shipping glitches that were holding up the uninterrupted flow of goods to the four destinations, would that executive take a commercial airline to those locations? If one location was New Mexico, one in Washington, one in Maine and one in Montana, and they were all within a two day time frame, that executive could not efficiently take commercial airline flights to all of those places. Logistically, it would be a nightmare.

Using a corporate jet would deal with the geographic issues and make those meetings doable. In the process there would be a business resolution that would allow the company to continue to flourish. One trip, working on the aircraft, holding meetings and doing deals, makes financial sense. “Travel time involved is kept to a minimum using business aviation. Put another way, the return on investment that a business airplane provides for a company goes directly to its bottom line, which can only be a good thing in business,” said Lapayowker.

Stewart H. Lapayowker, P.A. is an aviation transaction lawyer focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

To Drive or Fly to Your Destination, That Is the Question

Hoofing it to that far away destination may be an alternative, but not a viable one. Flying, on the other hand, now that makes far more sense.

Typically, most Americans figure they get things done faster because they have a car to get from point A to point B. Many of them also forget that they spend about half the day on the road getting to all the places they need to go. Don’t forget that it isn’t just going from home to work either; it’s taking the dry cleaning in, drop the kids at school, go for a hair appointment, hit the post office, the grocery store, pick up your cat at the vet and so on. That’s a small snapshot of a day in the life of an average American needing to travel a whole lot in one day to get things done.

The average American is much like the average (to not so average) business that has to travel a whole lot in one day to get things done. The major exception here, of course, is the fact that the point A to point B journey typically involves thousands of miles and may mean having to get to different countries as well. Obviously driving is out of the question. Enter the necessity of flying to do business.

Here is the problem though. Most Americans think that corporate jets are just for joyriding. Really, who could blame them for that impression given some of the stories they’ve read in the news lately, and now the rest of the business aviation industry is suffering because of it.

Not everyone or every business that uses jets to get around is doing it because they have the money to do so. This isn’t about wealth. This is about doing business in a country so vast that it is impossible to accomplish much unless one has the ability to respond quickly to various business developments.
It’s almost a no-brainer to look at the thousands of miles some companies need to navigate to understand why they need business aviation at their disposal. They fly because they need to in order to stay in operation. If they didn’t fly, they wouldn’t have a company and would not be contributing to the economy.

Think that company executives should be taking commercial airline flights? You’re right, they should when it makes sense. However, there is no sense in trying to book a commercial flight to a place where no commercial airlines fly and there is no airport. In other words, if you can’t get to where you are going commercially, then you should utilize corporate aviation.

That makes sense to those in business. It doesn’t make sense to the general public, because they have not been there and done that. So really, it’s a matter of education about the business aviation industry and why it is vital to America. Company operated aircraft are about flexibility and productivity, about making money that goes into the nation’s coffers, and about providing jobs to Americans. What more could you ask for?

Stewart H. Lapayowker, P.A. is an aviation attorney and aviation transaction lawyer, focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

The Real Truth About Business Aviation

Business aviation is not about flying in the lap of luxury at the drop of a dime. It’s about keeping the nation moving in more ways than one.

Unfortunately a great many people in America think that corporate jets are the toys for the boys behind the desks of big companies. While it is true that corporate America does use planes to do business, they do not, for the most part, hip-hop from place to place just “because they can.” Business aviation is one of the cornerstones of what makes this great country prosper.

Many people aren’t aware of the fact that business aviation contributes well over $150 billion to our economy each year. This industry also gives jobs to over 1.2 million people; jobs that are stable and pay good wages. This can’t always be said about the rest of the economy. In addition, a large majority of the general aviation aircraft in service around the world are made, run, serviced, and taken care of in the US. That’s not exactly small potatoes when it comes to being a reliable, trustworthy, innovative, and critical industry that is part of the lifeblood of American commerce.

While there are some aviation companies that do manufacture their planes abroad, they bring them to the US to complete. The US has a sterling reputation for aircraft components, even aircraft completion centers, paint, engines, automation systems, electronics, and avionics. Think about the dollars this industry pumps into the economy.

Business aircraft manufacturing is a major source of good jobs in the US, the kind of employment that can continue well into the future. Interestingly enough, it is also one of the very few industries that still actively contributes to maintaining a positive trade balance. At this time in our economic development, we desperately need industries that boost our economy, providing some light at the end of the tunnel during this major recession.

Another fact that not too many people realize is that business aviation lets companies quickly and safely get tools and materials from one place to another; the kinds of materials that can’t be taken on board a commercial airline. Operating a business aircraft lets those doing business get from one destination to another, solving problems as they crop up during the course of doing trade. This increased mobility helps companies solve their problems rapidly, effectively and efficiently.

Don’t forget that any business aviation aircraft needs support crews, maintenance personnel, pilots, technicians, dispatchers, schedulers, and other critical employees to keep their planes in the air doing business. Overall, the big picture for business aviation is one of contributing to a growing economy, striving to stay current in the 21st century, contributing an enormously valuable service to the nation, and allowing commerce to flourish under some tough conditions.

Do corporate jets mean the big boys are playing at the taxpayer’s expense? The nation’s trade balance sheet shows otherwise.

Stewart H. Lapayowker, P.A. is an aviation attorney and aviation transaction lawyer, focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

Obama Administration Mulls Then Grants TPS for Haitians and Suspends Removals to Haiti

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers some perspectives on the island nation’s current calamitous chaos.

On January 13, 2010, DHS Deputy Press Secretary Matt Chandler, in response to the devastating earthquake epicentered in Port au Prince, Haiti, announced a suspension of removals to Haiti. Chandler said, “Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

The Administration considered and on January 15, 2010 granted Temporary Protected Status (TPS) in the wake of the disaster. TPS allows citizens of countries so designated who are in the U.S. illegally to stay and work in the U.S. legally for up to 18 months. Haitians who were residing in the U.S. on the day of the quake and who meet other requirements are eligible to apply. Presently, the DHS is readying for the registration of what DHS estimates to be 100,000-200,000 Haitians eligible to TPS. The registration period will begin on the date that DHS publishes notice in the Federal Register. Qualifying Haitians in the U.S. will have a 180 day window thereafter in which to file. TPS can be extended multiple times depending on Department of State’s assessment of country conditions. “Conditions are horrific there, almost unimaginable,” said Stewart Rabinowitz with the Dallas-based law firm Rabinowitz & Rabinowitz, “I am pleased that the Administration wasted little time in recognizing the severity of the situation.” According to Rabinowitz, Haiti is the poorest nation in the Northern Hemisphere, and this latest natural disaster, a 7.0 magnitude earthquake, the first major event of this kind in at least 200 years, is only the latest in a string of natural disasters. “Haiti has yet to recover from Tropical Storm Fay and hurricanes Gustav, Hanna, and Ike, which pounded Haiti in August and September 2008, killing a total of 793 people and leaving hundreds more missing. The country has also experienced riots over skyrocketing food prices and must endure a continued presence of UN troops to maintain order and now, a major earthquake in a country where buildings possess very little structural integrity.”

At least qualifying Haitians here can register for TPS and obtain employment authorization and can begin to assist family members in Haiti by remittances they will be able to send home to help in that country’s rebuilding process.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.

ICE Moves Against Human Trafficking

Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, echoes some timely comments against the despicable modern-day practice of human trafficking coincident with ICE efforts to combat the practice.

Recently U.S. Immigration and Customs Enforcement (ICE) described the increasingly prevalent practice of human trafficking, which has emerged as a global phenomenon. “It’s the equivalent of 21st century slavery,” said Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, “It may include forced labor, prostitution, child labor, or indentured servitude, but every day, people of all ages in many countries lead lives of desperation that are anything but quiet. In fact, their situations may be precarious if not also outright dangerous.”

Typical scenarios are varied but may include elements of the following: A young woman is smuggled across the U.S. border with the promise of a better life. Once she arrives here, she is forced to work as a prostitute to pay off her smugglers. With no travel or identity documents and unable to speak the language, she is trapped in a nightmare with little hope for escape.

Human trafficking is a serious cross-border crime, often leading to tragic consequences, and ICE is leading a U.S. federal government effort designed to investigate and dismantle human trafficking organizations.
“Criminal networks are becoming increasingly sophisticated when it comes to human trafficking,” asserted Rabinowitz, “It is a disturbing trend that should be met with an equally sophisticated response to proactively attack these criminal entities.”

The ICE has instituted several programs dedicated to combating human trafficking including:
Assuming the lead role in the Human Smuggling and Trafficking Center (HSTC), the U.S. government’s intelligence center for federal agencies involved in combating human smuggling, human trafficking, and terrorist travel.

ICE is training law enforcement and government partners around the world, conducting training sessions on trends in trafficking, undercover operations, and conducting investigations in foreign countries.

ICE is overseeing a variety of outreach and public awareness efforts, including the “Hidden in Plain Sight” campaign to educate citizens on recognizing the signs of human trafficking and reporting suspected trafficking victims.

ICE’s efforts are paying off. The agency opened 566 human trafficking investigations in Fiscal Year 2009, a 31 percent increase over the previous fiscal year and which led to 388 arrests, 148 indictments and 165 convictions.

To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.

ICE Expands Efforts to Locate Criminal Aliens in Additional California Counties

Sacramento and Solano Counties’ law enforcement agencies are the first in northern California to benefit from a program developed by the Departments of Justice and Homeland Security that identifies and removes dangerous criminal aliens.

On January 12, 2010, law enforcement agencies in Sacramento and Solano counties became the first counties in northern California to participate in an initiative developed by the Departments of Justice (DOJ) and Homeland Security (DHS), referred to as Secure Communities. The Secure Communities program has been designed to remove dangerous criminal aliens from the community and is administered by U.S.Immigration and Customs Enforcement (ICE). Secure Communities permits ICE to determine whether an individual arrested by a participating state or local law enforcement agency is a dangerous criminal alien so ICE can take the appropriate action to remove the individual from the community.

The Secure Communities program makes biometric identification technology accessible to the local law enforcement agencies in Sacramento and Solano counties that use electronic booking machines. Formerly as part of the booking process, local arrestees’ fingerprints were taken and checked for criminal history information against the DOJ biometric system maintained by the FBI. Under Secure Communities’ processing, that fingerprint information will now be simultaneously checked against both the FBI criminal history records and the biometrics-based immigration records maintained by the DHS.

If there is a match with fingerprints in DHS’s biometric system, the new automated process notifies ICE, enabling the agency to take appropriate action to ensure dangerous criminal aliens are held until ICE can transfer them into ICE’s custody. The agency gives top priority to foreign nationals who pose the greatest threat to public safety, such as those with prior convictions for major drug offenses, murder, rape, robbery and kidnapping.

“Secure Communities provides local law enforcement with an effective tool to identify dangerous criminal aliens,” said Acting Secure Communities Executive Director Marc Rapp. “Enhancing public safety is at the core of the ICE’s mission. Our goal with Secure Communities is to use information sharing to prevent criminal aliens from being released back into the community, with little or no additional burden on our law enforcement partners.”

Sacramento and Solano counties join five other California counties participating in the Secure Communities program.

Since October 2008 when the program began, Secure Communities has identified more than 11,000 foreign nationals charged or convicted with Level 1 crimes, such as murder, rape and kidnapping.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.

Administration Makes Recommendations to Enhance Air Travel Security

The Obama Administration has announced several recommendations made to the President for improving the technology and procedures used to protect air travel from acts of terrorism.

Department of Homeland Security (DHS) Secretary Janet Napolitano, White House Press Secretary Robert Gibbs, and Assistant to the President for Counterterrorism and Homeland Security John Brennan have announced several recommendations to improve the technology and procedures to protect the traveling public from acts of terrorism. The five recommendations were developed in response to the security reviews which President Obama ordered after the attempted terrorist attack on December 25, 2009. “The attempted attack on Christmas Day is a powerful illustration that terrorists will go to great lengths to try to defeat the security measures that have been put in place since September 11, 2001,” said Secretary Napolitano, “These recommendations will strengthen aviation security – at home and abroad – through new partnerships, technology, and law enforcement efforts.”

The five recommendations proposed by DHS include:

Re-evaluating and modifying criteria and processes used to create terrorists watch lists – including adjusting how names are added to the “No-Fly” and “Selectee” lists.

Establishing an aviation security partnership between DHS and the National Laboratories of the Department of Energy to develop technologies to deter and disrupt known threats and proactively anticipate and protect against new ways terrorists board an aircraft.

Accelerating deployment of advanced imaging technology to provide better explosives detection capabilities – and encouraging foreign aviation security authorities to act likewise to identify materials such as those used in the Christmas attack. The Transportation Security Administration currently has 40 machines deployed throughout the United States, and plans to deploy at least 300 additional units in 2010.

Strengthening the presence and capacity of aviation law enforcement by deploying law enforcement officers from across DHS to serve as Federal Air Marshals to increase security aboard U.S.-bound flights.

Working with international partners to strengthen international security measures and standards for aviation security.

Secretary Napolitano travels to Spain later in January to meet with her European counterparts as part of a series of global meetings designed to develop consensus on new international security standards for aviation security.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.