Transportation

Transportation law governs the transportation system in the United States, including motor cycles, motor vehicles, trucks, railways, helicopters, and airplanes, and the infrastructure that supports the transportation system. Transportation law governs the mode of transportation and the transportation industry. It is an area of law that encompasses numerous other areas of law, such as trade law.

Transportation law is comprised of federal and state legislation. Transportation, however, is within the authority of the U.S. Congress by virtue of its mandate to regulate interstate and foreign commerce. The U.S. Department of Transportation is the primary federal agency that sets policies the American transportation system. Rules and regulation The Federal Aviation Administration governs the aviation industry. Policies from the FAA range from protecting flyers, cargo in air crafts, air traffic, airport and air carrier maintenance, pilots' and flight attendants' labor issues, and ticketing issues. The Federal Railroad Administration governs the railway industry. In the United States, railroads are used more for transporting goods, usually gas and oil, rather than people, and the FRA issues policies that focus on the safety of railroads to avoid fatal derailments. The National Transportation Safety Board also provides guidelines and investigates mass transit accidents. States pass their own rules and regulations regarding transportation that are in line with federal rules and regulations and create administrative agencies in concerted efforts with the federal government to ensure safety in the transportation system. The Occupational Safety and Health Administration governs longshoring and maritime industry safety and health standards. Other workers' law ensure that workers in the transportation industry are granted the same benefits.

Transportation law ranges from compliance to manufacturing standards, licensing and registration vehicles, and regulation of cargo in both land and air travel. The bulk of the work of transportation law attorneys lies in making sure companies are in compliance with regulations as non-compliance will result to penalties. With respect to companies providing transportation services, they are required that their vehicles adhere to standards imposed by the law and the vehicles are well maintained so that no untowardly accidents will happen while the vehicle is in transit. Accidents relating to the transportation of goods, especially when the commodity is hazardous or dangerous, is not uncommon. An accident involving a train carrying crude oil in July 2013 wiped out a portion of a town in Quebec, killed more than 40 people, resulted to numerous lawsuits, filed by the victims against possible responsible parties, and possible responsible parties against each other and against government agencies. The fatal train derailment pushed the railway company to bankruptcy. It is this kind of situations that companies aim to avoid, such that they retain transportation law attorneys to, foremost, ensure they are in compliance with the law, and defend them at the time when accidents happen.

Transportation by land and air is the most common mode of transportation in the United States. Making sure roads are safe and companies are in compliance with the law ensures that transportation will continue to contribute to the economic development of the country.

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Asbestos Mesothelioma Law - Legal Information and Resources

Asbestos Mesothelioma

Asbestos is a fibrous mineral that, when inhaled over a long period of time, results to fatal diseases. The most common asbestos-related disease is lung cancer, followed by mesothelioma. People working in heavy industries, such as manufacturing, and seafarers, have the highest risk of being exposed to huge amounts of asbestos and being diagnosed with, or dying from, mesothelioma. In some cases, because asbestos is a naturally occurring mineral, even people who are not employed in industries using asbestos but are living in asbestos-rich areas become victims to these fatal diseases. There is also an increasing number of so-called "take-home" cases or secondary exposure cases where wives or other family members are diagnosed with mesothelioma through continuous exposure to asbestos when washing their husbands' or family members' work clothes.

In the United States, asbestos litigation, particularly involving mesothelioma cases, shows no sign of slowing down as mesothelioma victims increasingly go to court, rather than settle, to litigate their claims for damages. In addition, asbestos litigation in the United States continue to develop as new case precedents lead to new types of plaintiffs and new types of asbestos exposure. Moreover, while asbestos-related personal injury claims against companies who used asbestos in their products are stabilizing, limitations imposed on the filing of claims against trust funds and the bankruptcy filings of numerous companies have induced plaintiffs to sue peripheral defendants. Furthermore, asbestos litigation is not limited to personal injuries arising from lung cancer or mesothelioma. Asbestos litigation arising from malignancies are also gaining popularity in state courts.

One of the complications in mesothelioma litigation is the variation of laws and rules from state to state. Courts constantly revise their trial docket to ease up the burgeoning of asbestos cases. Some courts make it easier for plaintiffs' firms to file cases while other courts don't. Other courts are also found to be more kind to plaintiffs, while other courts to defendants. Moreover, because of the huge number of asbestos litigation pending in different states, courts reach different conclusions that may or may not be applicable to another state. Even the determination of jurisdiction pose difficulty that may need the expertise of an attorney who is a specialist in asbestos litigation.

Discovery in asbestos cases is known to be exhaustive as plaintiffs need to prove they have been diagnosed with mesothelioma as a result of their occupation, and that their employers used asbestos-containing materials in their products or premises. Discovery is costly and so time-consuming that most mesothelioma victims die before their cases are concluded. One of the persistent issues presented in asbestos cases is whether companies owed a duty to warn its employees of the danger of asbestos contained in their products. Decisions on this question vary from state to state, and from court to court, adding more difficulty to the already-complex litigation. Another persistent issue presented in asbestos cases is the extent of a company's liability as to a person's personal injury. There are cases when a jury determines that only one company is liable, while there are cases when a jury determines that many companies are liable. Insurance coverage disputes further muddles asbestos litigation, bringing in more parties, and needing more expertise, to the case.

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