2012 February Archive

Recently, the U.S. Federal Motor Carrier Safety Administration (FMCSA) issued new hours-of-service (HOS) rules that limit when and for how long a commercial truck driver may be behind the wheel. The new rules were intended to prevent driver fatigue by requiring rest stops and making sure drivers get sleep during their off hours. Recently, however, the American Trucking Association (ATA) filed suit in the U.S. Circuit Court of Appeals for the District of Columbia, asking for a review of the FMCSA’s new HOS rules and the methods used to create them.

The ATA’s filing asks the court to strike down the new rules as “arbitrary and capricious.” In supporting this request, the ATA’s filing argues that the new rules are not based on solid research or experience, but on anecdotes, hunches, and other unproven information. The ATA argues that the previous rules have reduced accidents on the road regularly since 2004 and that they should not be replaced without more solid evidence.

The FMCSA, however, disagrees, saying that its new rules are based on recent scientific studies and insights into human fatigue and how it affects driving. The FMCSA says its new HOS rules are specifically based on these findings in order to prevent driver fatigue from causing serious crashes.

Driver fatigue is a common cause of accidents. When a truck collides with a small car, the results can be devastating. If you or someone you love has been injured in a truck accident, please don’t hesitate to call the experienced New Hampshire truck accident attorneys at Tenn And Tenn, P.A. For a free and confidential telephone consultation, call us today at (603) 624-3700.

Seat belts are one of the easiest ways to protect yourself from serious injury in a car accident. If you’re pregnant, you should still wear a seat belt, but you can modify it for maximum comfort and protection, according to the U.S. National Highway Traffic Safety Administration (NHTSA).

The NHTSA suggests that pregnant women who are traveling in cars should wear a seatbelt at all times. If you’re in the front seat, move it back as far as possible. Keep at least 10 inches between yourself and the center of the steering wheel or the dashboard. The shoulder part of the seat belt should lay across the center of your chest, off your neck, and the lap part should lay low and snug across your hips.

If you have air bags, doctors recommend that you leave them turned on, since they can provide the best protection along with seat belts in an accident, according to the NHTSA. Do not rely on your air bags instead of your seat belt, however; air bags are designed to work with seat belts, not to replace them.

At Tenn And Tenn, P.A., our skilled Manchester auto accident attorneys are dedicated to representing those who are injured in car accidents. To learn more about how we can help you obtain the compensation you deserve after a crash caused by another driver, call us today at (603) 624-3700, or call our toll-free Injury Helpline at 1(888) 511-1010, for a free and confidential consultation.

A bill currently working its way through the New Hampshire legislature would give each parent an equal share of custody in most divorce cases, according to a recent article posted by Seacoast Online.

The bill, known as HB 591, would require courts to begin with the presumption that child custody in NH should be shared equally between two parents. However, courts may make different arrangements if one parent does not want custody or if situations in a parent’s home, such as abuse or neglect, mean that spending equal time with that parent would not be in the child’s best interest. In most situations, however, parents would be expected to work out a fifty-fifty child-custody-sharing arrangement, or follow the arrangement set up by the court if they cannot come to an agreement themselves.

Supporters of the bill also point out that it will save divorcing couples and taxpayers time and money, since receiving equal custody will prevent many parents from feeling the need to fight for such an arrangement in court. Currently, judges have great discretion to arrange custody according to the best interests of the children, especially if the parents cannot agree on an arrangement.

Parents facing divorce in New Hampshire need the support of an experienced divorce attorney to ensure they receive the best possible outcomes for themselves and their children. At Tenn And Tenn, P.A., our experienced New Hampshire divorce attorneys are dedicated to helping you sort out issues of custody, support, and more, so that you can move forward with your new life. For a free and confidential telephone consultation, call us today at (603) 624-3700.

Many couples in New Hampshire and other states are “cohabiting,” or living together, and even raising children without getting legally married. Although the arrangement suits many couples who use it, it may not protect either the adults or the children in the family if the cohabitation relationship splits up.

Only nine U.S. states currently recognize “common-law marriage,” in which a couple lives together and holds themselves out as married, but never gets a formal marriage certificate. New Hampshire is not one of these states, but courts in New Hampshire will consider cohabitation in the limited instance of probate disputes - issues regarding who should receive a deceased person’s estate after he or she has died.

However, in New Hampshire and most other U.S. states, cohabiting doesn’t provide the same protections as marriage. Legal protections related to child custody, visitation, spousal and NH child support, and the rights to see one another in the hospital or make important decisions on a partner’s behalf are missing if a couple is not legally married, even if they are devoted to one another and have been together for many years. Some foreign countries also prohibit travel or staying together by couples who are not married.

If you or someone you love is married but is now considering, or facing, divorce, the experienced divorce attorneys in New Hampshire at Tenn And Tenn, P.A. can help you through every step of the process, from filing the initial paperwork to resolving complicated custody and support issues. For a free and confidential telephone consultation, call us today at (603) 624-3700.

As fuel prices climb, many U.S. drivers are looking to buy smaller cars, many of which get better gas mileage than their larger counterparts. Smaller cars can seem riskier to drive, since their small size and light weight makes them and their occupants more likely to suffer damage and auto accident injuries in a crash. However, many small cars are rated at the top of the list for passenger safety, according to the U.S. Insurance Institute of Highway Safety (IIHS).

The IIHS’s Top Safety Picks for 2012 include several compact or sub-compact models made by both U.S. and foreign manufacturers. Top-rated small cars in safety include: Chevrolet’s Cruze and Sonic; the Fiat 500; Ford’s Fiesta and Focus; Honda’s Insight, Fit, and Civic; and Toyota’s Corolla and Yaris models.

The IIHS’s overall safety ratings are based on measurements in a number of categories, according to the Institute. These include front-impact, side-impact, rear-impact, and rollover crashes. To make it to the top of the list, vehicles must rate a “good” in all four crash categories - the highest of the four ratings IIHS gives.

At Tenn And Tenn, P.A., our experienced New Hampshire car accident attorneys have the courtroom experience and legal resources to fight on behalf of those injured in car accidents. We’re dedicated to building a strong case for each client we represent, fighting for the compensation you need, and protecting your legal rights. For a free and confidential telephone consultation, call us today at (603) 624-3700, or call our toll-free Injury Helpline at 1(888) 511-1010.

The National Football League (NFL) is currently facing multiple lawsuits from players who claim the organization downplayed the damage repeated concussions could do to players’ brains and/or failed to give them adequate medical care for these injuries.

According to the U.S. Agency for Healthcare Research and Quality (AHRQ), concussions from sports injuries are receiving increased attention from states, school districts, sports organizations, and other groups - and not a moment too soon.

The AHRQ estimates that in 2008, about 44,000 sports players were seen in emergency rooms nationwide for sports-related traumatic brain injuries, usually concussions. Most of the players were between the ages of 14 and 18, but many younger children and adults also suffered sports-related concussions. Only about 12 percent of those who had a concussion during a sport lost consciousness, but the AHRQ warns that all types of blows to the head should be checked, and that a concussion can be serious even if it does not result in a loss of consciousness. Most patients who receive sports-related concussions may be sent home from the hospital the same day, but should take extra care to avoid hitting their heads again, especially while the concussion is still healing.

At Tenn And Tenn, P.A., our experienced New Hampshire brain injury attorneys are dedicated to fighting on behalf of those injured by another’s negligence. If you or someone you love has suffered a brain injury, please don’t hesitate to call us today at (603) 624-3700 for a free and confidential telephone consultation. You can also call our toll-free Injury Helpline at 1(888) 511-1010 for a consultation by phone.

A 10-year-old Haverhill boy was injured recently when he was struck by a passing car while attempting to cross the street near his elementary school, according to a recent article from the Eagle-Tribune.

According to onlookers, the car that struck the boy was traveling down the street at or slightly above the local school zone speed limit of 20 miles per hour while the boy was trying to cross the same street in order to get to his school. He was not hit head-on by the vehicle, but the driver was unable to speed up or slow down enough to avoid clipping the boy with the side of the car. The boy was unable to get out of the car’s way in time to avoid the pedestrian accident.

Investigators say that the driver of the car, a compact Chevy Aveo, stopped immediately to check on the boy and contact medical help for him. Luckily, the boy was not seriously injured and is expected to make a full recovery. Police do not plan to charge the woman with any crime, but it is possible that negligence was a factor in the accident.

Pedestrian accidents can cause serious injuries, especially to children whose bodies are still delicate or developing. If you or someone you love has been injured in a pedestrian accident, please don’t hesitate to call the experienced NH pedestrian injury lawyers at Tenn And Tenn, P.A. Our phone number is (603) 624-3700, and your initial telephone consultation is free and confidential.