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WERE YOU HIT BY A SEMI, A BOX TRUCK OR A COMMERCIAL VEHICLE? DON’T BE INTIMIDATED – INSTEAD, PROECT YOURSELF HIRE LINDA H. HAVEL – A TRUSTWORTHY ATTORNEY WHO CARES The fatality rate per 100 miles traveled is almost double for large trucks than for all other vehicles. Are you someone who has been seriously injured by a truck driver? Was a loved one killed by the senseless and careless act of a semi? Are you afraid to go up against a large trucking company? Don’t be. The actions of truck drivers and the motor carriers who employ them are highly regulated in the United States. Read on and become educated. You are entitled to protection and compensation.
The Federal Motor Carrier Safety Regulations: In 1935, Congress passed the Motor Carrier Act which authorized the Interstate Commerce Commission (ICC) to regulate interstate trucking. What resulted was the enactment of the Federal Motor Carrier Safety Regulations (FMCSR) located at 49 CFR§ 350-399. Indiana has codified the FMCSR and applies the regulations regardless of whether a carrier is traveling intrastate (within the state) or interstate (across state lines). The purpose of the FMCSR is to stop motor carriers from avoiding liability for serious injuries caused by their truck drivers. The regulations accomplish this goal not only by applying the regulations to independent contractors who are considered under certain circumstances to be “employees” of motor carriers, (§390.5), but also by penalizing the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. (§382.101).
Requirements an Employer/ Motor Carrier Must Execute Before and After Hiring a Driver Section 391.21 of the FMCSR requires an employer to conduct a pre-investigation of every driver it hires which includes but is not limited to obtaining information regarding a potential hire’s driving record and a drug screening. The employer must also give a potential hire a driving test on the road to ensure he has proper driving skills and must ensure the driver can execute a pre-trip inspection, couple and uncouple units of his truck, and use the trucks' emergency equipment. (§ 391.31). After hiring a driver, the employer, among other things, must conduct an annual review of the driver's
driving record for the preceding 12 months (§ 391.25), obtain a report listing the driver's violations of any laws or ordinances, (§391.27), and obtain any reports of accidents or violations involving the driver. In addition, employers must systematically inspect, repair, and maintain all motor vehicles subject to their control and maintain repair records, inspection reports, and driver reports. (§ 396.11).
Safety Requirements for Truck Drivers A driver must not operate a commercial motor vehicle when his ability or alertness is so impaired, through fatigue or other illness, make it unsafe for him to drive. (§392.3). A driver must also ensure that his truck has been loaded properly and must re-inspect his load and load securing devices within the first 25 miles after beginning a trip. (§392.9). A driver must use extreme caution in the operation of a commercial motor vehicle in adverse weather including the reduction of speed in such situations. (§392.14)
Motor Carriers and Truck Drivers Must Carry Significant Amounts of Insurance Finally, the FMCSR requires for-hire private motor carriers traveling in interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds and carrying hazardous substances, hazardous materials, or hazardous waste, to carry either $1,000,000 or $5,000,000 in insurance coverage. For-hire private motor carriers traveling in interstate or foreign commerce with a gross vehicle weight rating of 10,001 pounds and carrying non-hazardous property are required to carry a minimum of $750,000. When a driver is hauling a hazardous substance in any quantity across state lines, the law mandates that he have a minimum insurance amount of $1,000,000. Forhire carriers transporting passengers in a vehicle with a seating capacity of 15 or less requires coverage in the amount of $1,500,000 and forhire carriers transporting passengers in a vehicle with a seating capacity of 16 or more requires coverage in the amount of $5,000,000.
If you have an injury and believe you may have a claim, I encourage you to contact me on my cell phone at 317-525-7754 or at my office at 317-576-8620 for a free consultation. Visit www.havel-law.com to learn more about the type of damages you may be entitled to recover. Please say “I found it in Indy Metro Woman Magazine!” Thanks!
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Embracing the Struggle Has anyone ever told you to embrace what you want to change? The secret of truly attaining success is seeing the positive in your situation despite the fact that you need to create change in your life. This can be incredibly tricky, because most people who want to change are Carol Juergensen Sheets seriously disgruntled with their current situation. They are disgusted with themselves. They frequently are negative about their dilemma, or they blame others for their demise. Yet the key to healthy change is to accept the strength that is in your current situation. Once you have done this, you can move closer to meeting your goals because you have developed an appreciation for being in the present moment. You may fear that if you see the strength in your current situation, you might not have the motivation to change. But in reality, it is just the opposite. When you recognize your present-day power, it gives you more energy to make change. Reaching a goal requires persistence and stamina. You need a sense of positive energy to keep the goal alive. Staying positive helps you to stay motivated. When I work with a client who wants to make more money, we spend time talking about how their current income has positively served them in their life. If I meet with a couple who wants to improve their relationship, I won’t proceed until they can convince me that there are several things, they appreciate about each other in their present state. If I see a client who wants to lose weight, I ask them to
list the things they currently like about their bodies, and their weight. When I work with a single person who wants to find a mate, I ask them to discuss the many advantages there are to being a single person. What I know from my work with people is that it is imperative in the development of a new mindset for them to be positive about how their current issue has served them. All too often, the client’s negative feelings about the problem sabotages the progress that they can make in their goal development. In other words, if a client is to be successful, they must not loathe their body, their partner, their income, or their single status. Maintaining a positive attitude is not only a prerequisite for change, but it is necessary to keep them going when they run into “dry spells” or hit plateaus. What would you like to change in your life? Most likely, you have a list of things that could use some self-improvement. Spend about ten minutes writing them down. It’s easy to maintain them in your head, but if you really want to change, you need to write them down. Apply what you have learned in today’s column by writing down what you have enjoyed or appreciated about your current dilemma. If you are having difficulty, ask yourself what has this experience taught me and how has it served me? When you write it down you are more likely to make it happen. I realize that this assignment is difficult, because it doesn’t look like you’re changing anything. Yet, what I am really asking you to do is change your attitude, which is the first step in attaining success. Give it a shot. Put it down as Part I in the formula for a change. It should make you feel better about yourself and will get you closer to the person you really want to be!
Carol Juergensen Sheets LCSW PCC is a psychotherapist and personal life coach. She does motivational speaking and empowerment trainings locally and nationally. To find out more about her services--contact her at www.carolthecoach.com or call her at 317 218-3479. You can watch Carol the Coach segments on WTHR’s Channel 13 Wednesdays @ 12:50PM.
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Wellness
SPOTLIGHT CaringSmiles 4U Children and Adult Dentistry, your Dental Home, is devoted to comprehensive and preventive dental care for children, teens, and adults in a caring, fun and gentle manner in our lovely fun-filled, beach theme atmosphere for our children patients and a calming, elegant décor for our adult patients. At CaringSmiles 4u, Dr. Taylor and her staff are concerned about your total health care. We seek to instill good oral hygiene in our patients as well as to teach you that the dentist is your friend and is not just there for when you hurt. Establishing CaringSmiles 4u as your “Dental Home,” provides us the opportunity to implement preventive dental health habits that keep you and your family free from dental/oral disease. We focus on prevention, early detection and treatment of dental diseases, and keep current on the latest advances in dentistry. This will enable you and your child to maintain a beautiful smile for a lifetime. Our goal is to help all our patients feel good about visiting the dentist and to teach you how to care for your teeth. Our main
concern here at CaringSmiles 4u is what is best for you and your family and to build trust and confidence that will last a lifetime. Along with establishing a good oral hygiene routine, Dr. Taylor also understands the importance of a healthy smile in developing self-esteem. This is especially true in childhood and teenage years when children begin socialization and interacting with other children. “Your smile is one of the first things that is seen when you meet someone, and it is important to maintain a healthy and beautiful smile,” notes Dr. Taylor. At CaringSmiles 4u Children’s Dentistry, Dr. Taylor and her well-equipped staff see children as young as one year old. Establishing a rapport with the parent and child is important to Dr. Taylor and is the key to successful treatment. Our patients are our most important asset and we strive to develop long-lasting, trusting relationships. We welcome new patients and look forward to seeing you at CaringSmiles 4U Children and Adult Dentistry.
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Tap Into Your Body To See The Factors Needed To Bring it Back To Balance What is BioEnergetic Assessment?
BioEnergetic Assessment (BEA) is a cutting edge, non-invasive, highly comprehensive tool that utilizes a computer-based system of testing to measure “pathways” of energy called meridians which flow through the body. BEA will detect imbalances within this flow system and will assist the practitioner in creating an individualized healing solution utilizing nutrition, homeopathics, and/or botanical remedies to restore balance. The body’s flow system can be compromised by a variety of toxins such as bacteria, viruses, parasites, molds, fungi, pesticides, vaccinations, heavy metals, food additives, candida, allergies, and industrial pollutants.
What is the history of BioEnergetic Assessment?
In the early 1950s a German medical doctor, anatomy and physiology professor, and acupuncturist named Dr. Reinhold Voll discovered through his research the relationship between the level of energy flow within the body and the health of organs and different systems by testing acupressure points on the feet and hands. Voll theorized that energy readings higher than normal signify
an acute inflammatory condition and lower readings relate to degenerative tissue damage and thus ElectroAcupressure according to Voll was born or (EAV).
Why BioEnergetic Assessment?
BioEnergetic Assessment provides detailed information into a wide range of health-related issues. The value of the BEA should not be underestimated. Health imbalances may present themselves in the electromagnetic field before they manifest as physical symptoms. BEA can be used in conjunction with other health tests such as blood, urine, saliva, and hair to determine a customized protocol to return the body to state of balance. The BEA process is one of the most exciting tools in the field of integrative health care because of its flexibility in identifying a specific and wide range of energetic imbalances.
What can I expect during BioEnergetic?
The process of BEA testing is non-invasive and painless. Due to its comprehensive nature, BEA is an essential component to my client’s wellness programs. Although BEA is not a diagnostic tool, you will find the indications of the screening process to be vital to maintain your optimal health. Nancy Spahr has been a holistic Health practitioner in Indianapolis for 17 Years at Cleansing Waters, LLC as a colon hydrotherapist which led to her discovery and passion of bioenergetic analysis. She has used the Avatar for 9 years to help people of all ages find ways to overcome their health challenges. Please say “I found it in Indy Metro Woman Magazine!” Thanks!
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August 2019 Calendar of Events August 1, 2019 Amazing Scavenger Hunt Adventure Indianapolis Turn Indianapolis into a huge game board. This interactive scavenger hunt that combines the fun of the Amazing Race with a sightseeing tour of Indy.
Sunday August 11th 2019 11 – 3 Indy Craft and Vendor Event At the Atrium Banquet and Conference Center 3143 E. Thompson Rd. Indianapolis, IN. Come shop and an indoor shopping event that features over 40 vendors.
August 1 – 4 Indy Gen Con at the Indiana Convention Center Gen Con will feature Game lovers and enthusiasts from all over the world will be benefitted by attending this show as they can get familiar rather understand the significance and value of various kinds of games and related products which will be put on display by the exhibitors in this show.
August 2 – 18, Heroes in the Heartland Indiana State Fair The 2019 Indiana State Fair will salute our Heroes in the Heartland, including Hoosier Farmers, First Responders, Educators, members of the Armed Forces, and many others who keep us safe and make us proud. Join us in celebrating the heroism of Hoosiers whose exceptional commitment and caring enrich our lives!
August 1-4 Brickyard Vintage Racing Invitational At the Indianapolis Motor Speedway World-class vintage racing returns to the Indianapolis Motor Speedway for SVRA’s Brickyard Vintage Racing Invitational. Some of the world’s finest vintage racing machines will take to the track, some of which date as far back as Pre-WWI. An incredible collection of race cars will be showcased, including Bugatti, Lotus, Corvette, Ferrari, Jaguar, Aston Martin and Alfa Romeo.
August 24 2:00 – 6:00 Red, White, and Brew Fest 2019 At American Legion Mall, 700 N. Pennsylvania Street, Indianapolis, IN 46204 Join us for some tasty beverages and enjoy some music all while learning more about organizations in the area that help veterans!
August 3, 1:00 – 6:00 pm The S.H.E. Event Indy – She has everythingThe Black Market Place at Lafayette Square Mall, 3919 Lafayette Rd. Indianapolis We network & showcase Black Owned Business & Organizations who are committed to establishing a legacy of wealth! August 9 -10, Drum Corps International World Championships Semifinals is held in Lucas Oil Stadium in Indianapolis, IN. August 10, 2019 Beaver Chase Urban Trail Race & Relay At Martin Park 1500 Fall Creek Pkwy E Dr. Indianapolis Beaver Chase The Urban Trail Race and Relay is the only trail quarter, half, full marathon, and full marathon relay located in downtown Indianapolis! It’s not very often that athletes can race a trail race at these lengths within the city. 18
August 24th, 2019 4 – 11 PM Feast of Lanterns At Indianapolis Public Library Spades Park Branch. The Feast of Lanterns is a historic festival based on the Near Eastside of Indianapolis. Its earliest incarnations in the late 1800s were of small gatherings and decorated front porches in nearby neighborhoods like Woodruff Place. August 29, 2019 5:30 pm to 9:00 pm Indy Chamber presents HOBNOB At Crowne Plaza Indianapolis Downtown Union Station. Each year, HobNob raises the bar a little higher. From hosting a historic debate to hosting a bipartisan fashion show, HobNob reaches across party lines to deliver the best event that the political community in the Indy region has to offer. VIP begins 4:30 Reception begins 5:30 August 30 – September 1, 2019 Indiana Comic Convention At Indiana Convention Center Friday noon – midnight, Saturday 10:00 am – midnight, Sunday 10:00 am – 5:00 pm .
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