Causes Of Commercial Vehicle Accidents 

Posted by Adam R. Leighton on Jul 25, 2022 in Uncategorized | Comments Off on Causes Of Commercial Vehicle Accidents  An accident involving a commercial vehicle can result in multiple devastating injuries that can take a long time to recover from. If you have recently been in such an accident, you can rely on a quality lawyer like one to advocate your rights as a personal injury victim. Many accidents involving commercial victims are a result of driver negligence. You can boost your compensation by obtaining quality legal assistance from an accomplished and skilled personal injury lawyer.  Driving at an Unsafe Speed Failing to drive at a safe speed is a common cause of many types of commercial vehicle accidents. These accidents are too common, whether a driver is trying to switch lanes or speed past another vehicle. Commercial vehicles like buses or trucks are much more difficult to control than smaller vehicles.  Fatigue or Poor Sleep  Commercial vehicle companies often pressure their drivers to travel for longer periods, even if they are not in the best condition to drive. As a skilled commercial vehicle accident lawyer like can explain, tiredness and poor sleep quality are one of the most common factors in commercial vehicle accidents. For example, a trucking carrier is found to have encouraged their drivers to continue driving despite having a lack of sleep, they may also be held liable.  Lack of Experience  One of the most common causes of commercial vehicle accidents is inexperience. An example is when a carrier or employer may hire a driver despite them failing their driving test, and letting them operate a passenger van. Another example is when a truck driver causes an accident because they lack basic knowledge of operating a commercial truck. Talk to a lawyer to learn about your legal options.  Aggressive Driving  Road rage happens all too frequently. Drivers become impatient in a hurry to get to their destination. Unfortunately, aggressive driving often has deadly consequences. If you were in an accident that occurred because a commercial vehicle driver cuts you off or was driving aggressively, you might have a right to file a claim against them. Talk to a lawyer about your legal options to see what you can do.  Mechanical Failure Issues such as brake failures or blown tires are another common cause of commercial vehicle accidents that a lawyer often sees. If a commercial vehicle was not inspected properly or failed its inspection, but the driver or employer allowed it to get on...
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Filing Chapter 11 for Your Small Business

Posted by Adam R. Leighton on Jul 3, 2022 in Uncategorized | Comments Off on Filing Chapter 11 for Your Small Business Bankruptcy Lawyer Most people are aware of Chapter 7 and Chapter 13, the two different personal bankruptcy options. However, if you are a small business owner who is also struggling with overwhelming debt in your business, you can also file for bankruptcy protection for your business. This type of bankruptcy is called Chapter 11. What Happens If I File Bankruptcy for My Business? Once a company files a Chapter 11 bankruptcy petition, they gain certain key rights and responsibilities. The filing company becomes responsible for offering a reorganization plan that assigns updated legal rights to the creditors. The reorganization plan will specify how much, and when, each class of creditor is to be paid. All impacted creditors will have an opportunity to vote to accept or reject this reorganization plan. However, in some cases, the debtor company may be able to get its planned approved over the rejections of creditors. This is referred to as a cramdown. What Are the Cramdown Requirements? All Chapter 11 bankruptcy plans must adhere to the requirements in the U.S. Bankruptcy Code. As a general rule, reorganization plans must be approved by each class of affected creditor. However, the code includes a ‘cramdown’ provision, which provides an exception but this can only be done if the plan meets certain strict legal requirements. A cramdown can only occur if a reorganization plan: Has at least one class of creditor voting in favor of itEnsures that each objecting creditor class receives no less under the plan than they would if the company was liquidatedIs feasible, meaning that the likely result of the plan cannot be future liquidation or further necessary restructuringDoes not unfairly discriminate against any objecting creditor class Finally, in addition to those requirements, a cramdown can only move forward if the reorganization plan treats each objecting class fairly and equitably. How Does the Bankruptcy Court Determine What Is Fair and Equitable Treatment? Determining whether or not treatment is ‘fair and equitable’ is complicated in any legal case. For cramdowns, there is a two-part standard for assessing a reorganization plan’s fairness and equitability. The plan must ensure that no payment can be made in excess of the claim and that it conforms to the absolute priority rule. The absolute priority rule states that all objecting creditors cannot be forced to accept partial payments, via a cramdown, if a lower priority level of creditor or equity...
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