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A deadhead truck has a trailer attached but carries no freight. Deadheading means driving a cargo-carrying truck (semi-truck) pulling an empty trailer.
Deadhead miles refer to the distance truckers travel with an empty load, resulting in lost revenue despite incurring fuel costs and vehicle wear and tear.
Typically, trucking companies do not compensate for deadhead miles. Some may offer payment for deadhead mileage after the first 100 miles as an occasional incentive, but this is not common practice. Company drivers might receive compensation ranging from $0.60 to $0.90 per deadhead mile, whereas owner-operators often bear these expenses themselves.
Truckers already contend with numerous challenges on the road, exacerbated by adverse weather conditions such as high winds or black ice. These factors necessitate heightened caution to avoid accidents. Deadheading poses additional risks because driving without cargo makes trailers vulnerable to sway and instability, potentially leading to accidents and serious injuries if precautions are not taken.
To mitigate risks, truckers should always check local weather reports and wind conditions before accepting jobs that involve traveling with an empty load.
In summary, while deadheading remains a financial challenge for truckers, strategic planning and awareness of compensation policies can help mitigate its impact on earnings and safety.
Trucker Slang for Deadheading:
A bobtail truck does not have a trailer attached. Bobtailing, by definition, means driving a cargo-carrying truck (semi-truck) without a trailer. Bobtailing often happens when a contracted truck driver is first sent out from dispatch to their pick up site.
In trucking terminology, “bobtailing” also refers to a straight truck used for transporting propane gas, as specified by the U.S. Department of Energy.
Trucker slang for bobtailing: Horse with no wagon
A contingency fee is a payment to an attorney for legal representation and services that depends on money damages being recovered. It’s the popular “No win, No fee” model.
A contingency fee agreement is commonly utilized in the following types of cases:
Cases where contingency fee arrangements are not allowed include criminal cases, property settlement cases, child support cases, divorce cases, and alimony cases. Each state has its own laws governing the use of contingency fees. For instance, Kentucky explicitly prohibits contingent fees in domestic relations matters involving divorce, alimony, and property settlements.
Contingency fee agreements are specific to civil law and are preferred in personal injury cases. Unlike traditional hourly billing, where lawyers bill clients for each hour worked, contingency fees are contingent upon winning the case. If no award is received, the client owes no fees or expenses.
The primary advantage of a contingency fee arrangement is that it allows clients in personal injury cases to access legal representation without substantial upfront costs. Instead, the lawyer covers expenses like investigation, medical records, and expert witnesses. These costs are reimbursed only if the case is successful.
In a contingency fee arrangement, the law firm typically collects between 33% and 50% of the awarded damages if successful. This percentage reimburses the firm for time, resources, and expenses invested in the case. If the case is lost, the client owes nothing for attorney fees or expenses.
For example, Sharon and her family were severely injured in a truck accident. She consults a lawyer who offers a free case review and proposes a contingency fee agreement. They agree on a 40% fee if they win. If the case succeeds, Sharon will receive 60% of the compensation, minus expenses fronted by the lawyer.
In summary, a contingency fee arrangement allows clients to defer legal costs until a favorable outcome is achieved. If the case is unsuccessful, the client owes nothing, ensuring access to justice without financial risk.
You might hear “contingency fee” used like this, here’s what it means:
“We work on contingency. If we don’t win your case, you don’t pay.”
Translation: We operate under a contingency fee structure. If we are unsuccessful in securing a favorable outcome for your case, you will not be responsible for any payment to us.
“We can either bill you hourly or put you on a contingency agreement.”
Translation: We offer two billing options. We can bill you based on the hours spent on your case and itemize additional expenses. Alternatively, we can proceed under a contingency fee agreement, where our payment is contingent upon achieving a successful result in your case, with no upfront costs to you.
In U.S. Law, “subpoena” from the Latin term meaning “under penalty,” is a written document and command from the courts requiring a person to take a certain action like appearing as a witness or handing over a piece of evidence.
There are two primary types of subpoenas:
This is a written request for an individual to appear in court, via phone, or video to testify about specific claims or events.
This is a written demand for a person to produce physical evidence such as documents, photos, or videos.
Subpoenas are typically delivered by a process server, sheriff, or bailiff. As the Latin phrase “under penalty” suggests, failing to respond to a subpoena within the designated timeframe can lead to fines or even imprisonment.
A subpoena originates in the courtroom, drafted by a clerk, lawyer, or authorized court officer. It is then served to the relevant individuals, often through a sheriff to ensure its official delivery. Upon receipt, the recipient must act promptly or face legal consequences. The purpose of a subpoena is to obtain crucial information for a case that may not be accessible through a simple request.
You might hear “subpoena” used like this, here’s what it means:
“She’s refusing to provide her income tax return voluntarily, so we’ll have to subpoena those documents from her.”
Translation: The individual involved in the dispute is unwilling to hand over the documents we need voluntarily. We’ll need the court to compel her to do so under penalty of law.
(Note: In this context, “subpoena” is used as a verb)
“The files on that computer are now under subpoena.”
Translation: The court has ordered the computer files to be produced as evidence.
The generic trademark name for a compression release engine brake, a Jake Brake is most commonly used in large diesel engines on semi-trucks.
Jake brakes are utilized by many truck drivers to control speed, especially on downhill slopes and highway exits where permitted. To activate a Jake Brake, the driver ceases to apply gas to the engine, engages the engine brake switch—typically integrated into modern manual gear shifts—and allows the vehicle to decelerate.
During regular operation of a large truck, air is drawn into the engine cylinders through the intake valve, where it undergoes compression to generate energy.
In engine braking scenarios, when the driver activates the engine brake switch, air once again enters the cylinders via the intake valve. However, this time, the Jake Brake directs the compressed air to the cylinders, instructing them not to transmit the energy to the wheels or the vehicle. Instead, the energy is expelled through the exhaust valves. This process produces a brief but loud noise and effectively slows down the vehicle without relying on traditional friction braking systems.
“I need to preserve my brakes on this descent and let the Jake Brake handle most of the work as we coast down.”
“Hey, we’re in a truck stop parking lot, and that Jake Brake is pretty loud. Do you really need it on here?”
Some communities have banned the use of engine brakes due to their loud noise, which can disrupt local residents. Critics argue that the noise and vibrations from engine brakes can even damage nearby structures.
According to the Office of Legislative Research (OLR), several states and municipalities have enacted laws prohibiting the use of Jake Brakes, particularly near toll stations and residential areas. Exceptions may apply for emergency situations, and regulations vary by location, with some states requiring or permitting the use of brake retarders in specific circumstances.
In the U.S., “intervention” is a Civil Law procedure where someone not currently part of a case can join the case to make sure their interests get fairly represented.
There are two types of intervention:
Sometimes, the interpretation of a law in a case may only arise if another party intervenes and raises the issue themselves. A judge can either deny the request or allow the party to join the case if the legal question is significant enough to warrant consideration for a broader group.
There are various reasons why someone might seek to be included in an ongoing case. For instance, in a personal injury lawsuit stemming from a car accident caused by a negligent driver, not only the driver of another vehicle but also a passenger or pedestrian who discovers injuries later might have a strong interest in being added as parties to ensure their unique issues and perspectives are fairly represented.
You might hear “intervention” used like this, here’s what it means:
“Did you submit the motion for intervention of right on behalf of our new client?”
Translation: Our injured client needs to be officially added to this case. Have you, as the paralegal, attorney, or assistant, gone to the court clerk’s office to file our request with the judge so that our injured client can be formally included in the case upon approval?
In Civil Law, negligence refers to any failure to exercise reasonable care in one’s actions, resulting in injury or damage to another person or party.
Negligence in daily life can manifest in various ways, such as:
To establish negligence in Civil Law, all four elements must demonstrate contributing causes to injuries. Consider a scenario involving a collision with a large commercial 18-wheeler truck:
Imagine you’re a pedestrian crossing a street. A truck, driven by someone distracted by texting, fails to stop and hits you, causing severe injuries requiring surgery, loss of income, and emotional distress. Despite no malicious intent, the driver’s failure to uphold driving responsibilities resulted in direct harm to you.
In such cases, legal professionals compile evidence to prove negligence, seeking financial restitution (damages) to restore justice in the eyes of the law.
“Negligence will be determined during discovery in the car accident case.”
Translation: Upon gathering evidence, we’ll assess whether the defendant’s actions clearly breached their duties, leading to the accident and your injuries.
In Civil Law, an “answer” is the initial formal response provided by the defense to a complaint filed by the plaintiff with the court. This written statement either admits or denies the allegations presented or requests further clarification on the claims made.
When a plaintiff initiates legal proceedings by filing a complaint, the response from the defendant, known as an answer, must be prepared and submitted to the court according to specific guidelines.
As per the Federal Rules of Civil Procedure, the defense must adhere to the following principles when drafting an answer:
(b) Defenses; Admissions and Denials.
In summary, an “answer” in legal terms refers to the formal response by the defense to a complaint filed by the plaintiff. It is a critical step in the litigation process, shaping the course of the case as it proceeds through the courts.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
