Bus Crash Prescription–Icy Roads + Buses

Icy winter roads and buses or any kind of large vehicle is a prescription for trouble.  The recent Montana bus crash near Missoula with a Rimrock Stages bus killed two people and injured many more.  Montana law requires operators to have their vehicles under control at all times.

As a Teamster and a truck driver before I became a lawyer, I know how dangerous driving in these conditions can be. I also know how important it is for a driver to slow down and pay maximum attention to prevent bus accident tragedies.  It’s very fortunate no one was hurt seriously in Friday night’s Montana school bus crash.

Riding buses should not require you to put your life in someone else’s hands.  Dangers, accidents, and even death occur in a split second with these big vehicles.

Liability in Bus Crashes Are Complicated

I practice law because we help people. That’s the specialty of Bishop & Heenan.  Bus accidents often cause serious injury. Fortunately it did not in the most recent case. There is a lot of complexity and complication in bus accident cases. Bus crashes are certainly not the fault of the people riding on the bus.  Bishop & Heenan Law Firm offers free consultation to any injured person.  Montana law provides for you to be put back in the condition you were before this deadly bus accident near Missoula or anyplace else in Montana.

Get a Free Book on Your Rights

I wrote a free book generally outlining Montana injury law and how a personal injury lawyer can help you in these cases. This free book will help you get an overview of what you need to know before you deal with any insurance adjuster. The Bishop & Heenan Law Firm is committed to helping people get back on their feet and our free book will help you get started.

Excessive Speed Leads to Bus Accident

by inquistr.com

Montana Highway Patrol Sergeant Scott Huffman told Reuters the bus was traveling too fast for the conditions. Although the bus may have been under the maximum limit for the roadway, it was apparently traveling too fast for the dangerous conditions.  Billings personal injury lawyer John Heenan is a former big rig driver.  Heenan said,”one thing we learn is the rig we drive must be under our control at all times no matter the road conditions.”  Montana law requires all motorists to drive at a safe speed for the conditions.

Accidents like this tragic bus accident in western Montana, point out the hidden hazards these big vehicles pose.  There are a number of different reasons for bus accidents.  Weather is certainly a big factor, but bus driver negligence or unsafe bus equipment are among the most devastating and preventable.

Liability in Bus Crashes Can be Complicated

Bishop & Heenan Law Firm specializes in helping people.  Bus accidents often cause serious injury.  Liability in these cases can be very complicated and complex.  Bus accidents are certainly not the fault of the people riding on the bus.  Bishop & Heenan Law Firm offers free consultation to any injured person.  Montana law provides for you to be put back in the condition you were before this deadly bus accident near Missoula or anyplace else in Montana.

Free Book on Your Rights After Any Injury Available

We have a free book that outlines what you can expect from Montana injury law and how a personal injury lawyer is on your side in these cases. The Bishop & Heenan Law Firm is committed to helping people get back on their feet and our free book will help you get started.

The Federal Trade Commission recently reached a settlement requiring the maker of Nivea My Silhouette! skin cream to stop advertising that the cream can significantly reduce a consumer’s body size. The company also has agreed to pay $900,000 as part of the settlement. According to the complaint, Nivea marketed the skin cream in nationwide television ads and through sponsored search results on Google. One television ad depicts a woman getting dressed after having applied Nivea My Silhouette! cream to her stomach and thighs. She digs through the back of her closet, tries on a pair of old jeans, and discovers that they now fit.

The company also allegedly purchased sponsored search results from Google so that when consumers searched on the words “stomach fat,” “nivea slim silhouette,” or “thin waist,” they found Nivea ads implying that Nivea My Silhouette! could tone their stomachs, thin their waists, and help them slim down.

If you used Nivea My Silhouette! skin cream in response to television or internet claims it would help you “slim down,” you may be able to pursue monetary compensation. Contact HLF to learn your rights and determine whether you qualify to participate: info@heenanlawfirm.com

(From Billings Gazette)
Three men died Wednesday night after a fiery three-vehicle wreck on Highway 87 north of Billings. Montana Highway Patrol trooper Gerald Perman said the wreck happened shortly after 8 p.m. when a southbound semitrailer pulling an empty tanker crossed the center line, colliding with a northbound passenger car with Fergus County license plates.

A Jeep Wrangler that was about 45 feet behind the car then collided with the tanker. It wasn’t clear why the semi crossed into the northbound lane, Perman said. The Wrangler caught fire immediately after the collision and nearly exploded, he said.

The two men in the Wrangler, one from Billings and one from South Dakota, both in their early 20s, died at the scene of the crash. The car’s male driver also died at the scene, Perman said. A young woman and an infant who were passengers in the car were taken to Billings hospitals. Details about their injuries weren’t available late Wednesday.

One was taken via St. Vincent Healthcare HELP Flight and one went via American Medical Response ambulance, but it wasn’t immediately clear which patient went on the helicopter and who went by ambulance.

The Rocky Mountain states remain among the most dangerous in the nation for workers, according to the AFL-CIO, which tracks job-related deaths.

Montana’s taken the top slot for workplace fatalities in 2010, averaging 10.8 deaths per 100,000 workers. Next up and tied for second are Louisiana and North Dakota at 7.2, followed by Wyoming in fourth at 6.8.

Workplace injuries cost Montana businesses roughly $145 million annually, according to SafeMT, a workplace safety site operated by the Montana State Fund. As the state’s official workers compensation insurance option, SafeMT offers industry-specific hazard data and tips to help companies come up with a plan for their own in-house safety programs.

A calculator on the SafeMT website estimates the state has actually lost $373 million because of on-the-job injuries in the past two and a half years.

What’s not so clear is the cause. Montana is home to a significant number of traditionally risky industries, including logging, mining and agriculture. Nationally, agriculture is considered the most dangerous industry; hazards include uncooperative livestock, all-terrain vehicles, heavy equipment and chemical exposure combined with working in remote and rugged areas. But the state says the data show a problem with worker safety across the board.

Young workers ages 16 to 24 tend to be the ones to get hurt. They’re key players in the retail, food service, construction and ranching industries. Nearly 1,000 Montana workers under 25 are injured on the job every year. And most of them are injured within a month of starting a new job. Inexperience, lack of familiarity with the equipment, inadequate supervision, drowsiness from balancing employment and educational obligations and personal pride are all culprits.

State law requires businesses to provide a new-hire orientation program that covers safety considerations before employees begin work. Companies are supposed to provide refresher courses on a routine basis, as well as assess potential hazards and review safety procedures at least once a year. And employers with more than five employees must not only investigate accidents, but also establish a safety committee that convenes a minimum of three times a year.

Lack of accountability may be one factor affecting not only the region, but also the nation. Since 1970, the federal Occupational Safety and Health Administration has been responsible for establishing and enforcing job site safety and health standards for American workers. (A separate agency, MSHA, governs mining.) Calling the present level of OSHA oversight “woefully inadequate,” the AFL-CIO report noted that only 2,218 OSHA inspectors, including both federal and state employees, are available to keep watch on 8 million businesses nationwide. That equates to one inspector for every 57,984 workers. Most businesses cannot be inspected routinely with that level of manpower; the report claims federal inspectors get around to the average business once every 129 years, and state inspectors average about half that time.

Nationwide, flagrant safety violations by companies themselves rose by 15.3 percent in the past five years, but “serious violations” are tracking at a higher rate—22.1 percent—and incidents chalked up as “willful violations” have skyrocketed to 217.1 percent. Citations are most commonly given for issues related to scaffolding, ladders, machine guards, falls, electrical wiring, tagout procedures, trucks, hazard communication and respiratory safety.

OSHA employees investigated 804 deaths and performed 40,993 inspections last year, according to the agency’s annual report.

If you or a loved one is involved in a workplace injury in Montana, including a mine or oilfield, contact Heenan Law Firm to receive a free copy of John Heenan’s new book “Your Rights: The Ultimate Guide to Injury Victim’s Rights in Montana”  www.heenanlawfirm.com

Starting Thursday, that changes.

Consumer Law Change

A provision of the Dodd-Frank financial reform law that takes effect today requires lenders to provide consumers with a free credit score whenever:

•They reject an application for a loan. In that case, lenders will be required to provide consumers with an “adverse action” notice that includes their credit score and explains why they were turned down.

•They approve a loan but at a higher rate than the rate provided to their best customers. As in the first instance, lenders will be required to provide borrowers with a credit score and explain why they’re charging a higher rate.

Lenders must provide the score they used to make a decision about your loan. They’ll also be required to explain the factors that adversely affected your score and the range of possible scores so you’ll know where you stand.  Consumers submit about 1 billion credit applications every year and of those, about half will fall under one of those two categories.

Many borrowers who receive the notices will be surprised to learn that they didn’t qualify for a lender’s best rate.  That could encourage more consumers to shop around and take steps to improve their scores.  The requirement won’t create a burden for lenders because they’ve already bought the scores from FICO or other credit score providers.  The requirement won’t help consumers who want to view their scores before they apply for a loan. A federal law enacted in 2003 requires the three main credit bureaus to provide consumers with a free annual copy of their credit reports, but they’re not required to include a score.

If your credit score is negatively impacted by false/erroneous information, go to www.montanaconsumer.com to learn how to dispute the false information and get it taken off your report, as well as your rights under the Fair Credit Reporting Act.

The recent Yellowstone River oil spill can harm the environment, economy and communities where the spill occurred.  The most common problems landowners face are health problems and damages to their land.

Crude oil is toxic to humans. Recent news reports have shared stories of Laurel residents near the Yellowstone River who had to leave their homes because they were sickened by the fumes.  The Associated Press reports that some Montana residents have reported symptoms ranging from shortness of breath to fainting spells linked to exposure to petroleum-based chemicals.

Other long-term dangers from exposure to petroleum can include

• Peripheral neuropathy:damage to the nerves of the peripheral nervous system causing numbness, tingling, and loss of coordination.
• If pregnant women exposed to petroleum-based compounds, the developing fetus is at risk of physical deformities, slowed growth, and developmental delays.
• Cancer: the International Agency for Research on Cancer lists the petroleum compound benzene as a human carcinogen.
• Circulatory and  respiratory damage.

Beyond the impact to human health, an oil spill damages property and, potentially, property values.  In Montana, landowners are entitled to the costs of cleaning up their property.  As anyone living near an environmental disaster can tell you, odors and pollution damage property values as well as property. You do not have to simply accept what Exxon is willing to pay you.  At Heenan Law Firm, we are personally reviewing the claims of Montana property owners affected by the Yellowstone River oil spill.

An ExxonMobil oil pipeline just east of the Laurel Bridge ruptured around 11:30 p.m. Friday, dumping oil into the Yellowstone River. Current estimates are over 100,000 gallons of oil was spilled into the Yellowstone River, affecting private property downstream for potentially hundreds of miles.

In a press conference Saturday morning, Yellowstone County and ExxonMobil officials said they don’t know yet what caused the break in the 12-inch pipeline or how much oil escaped into the river.  The pipeline runs below the Yellowstone riverbed. Emergency crews shut the pipeline down just before midnight, said Duane Winslow, Yellowstone County director of disaster and emergency services.  “We regret the release,” said Pam Malek, a spokeswoman for ExxonMobil.

The long-term affects to property owners downstream of the spill are as yet unknown, and may not be known for some time.  If your land has been affected, you should document the pollution by taking photos and videos.

Under Montana law, landowners are generally entitled to full remediation of the polluted land. In other words, the responsible party must pay to restore the land to what it was like before it became polluted.

The Heenan Law Firm regularly represents private land owners who are the victims of property damage, including pollution damage.

The Billings Gazette reported Billings’ top five high-risk intersections as:

If you are injured through the recklessness of a drunk or impaired motorist, contact the Heenan Law Firm to learn your rights.