Queener Law is pleased to announce the annual Noah Thomas Foster Scholarship, which will offer a $1500 scholarship to be applied towards tuition or other education-related expenses. This scholarship will be awarded on a annual basis to one high school senior from one of the following states; Kentucky, Tennessee or Colorado, that will be attending a 2 or 4-year college or university.
For over 20 years, Queener Law has been dedicated to helping those in need by protecting their legal interests. When people contact our office, it’s usually at one of the worst times of their lives. Upheaval from serious injuries, high medical bills, the inability to work coupled with the emotional impact of dealing with insurance companies can leave victims exasperated. This is where our experienced team of attorneys and paralegals step in to help alleviate their burdens.
Our commitment to helping victims does not end there. We are inspired to continue pursuing opportunities to give back in our communities. We take pride in the areas where we live and work. Giving back in the form of an educational scholarship is something that we at Queener Law are very excited about. We feel that investing in the growth and education of our young people is an investment for everyone.
Eligibility Criteria for Scholarship:
High School seniors who have been accepted to attend a 2 or 4 year college or university in Tennessee, Kentucky or Colorado.
Find us on social media. “Like” and “Follow” our Facebook and Instagram pages of your respective states.
**The winning applicant will be announced on our social media. By submitting an application, you are agreeing to allow use of your essay and photo for marketing purposes.
How to Apply for this Scholarship:
Applicants must submit their application and essay via this form.
Essay Topic:
Please write a 500 word essay telling us how someone has made a positive difference in your life and how you intend to pay it forward.
Important Dates:
January 1st, 2023 through March 15th, 2023- Applications will be accepted.
April 1st, 2023- Winner will be announced by email and social media. Checks will be directly disbursed to the winner.
In Memorial of . . .
The Noah Thomas Foster Scholarship fund was created in memory of Noah and his father, Scott Thomas Foster, who both tragically lost their lives in a small plane crash on November 12, 2017.
Scott Foster was a practicing attorney in Somerset, Kentucky. Noah was a sophomore at Pulaski County High School. Noah’s dream was to follow in his father’s footsteps and attend law school. They were both known for their charisma, desire to help others and being a friend to all.
Amy Foster, surviving spouse of Scott Foster and mother to Noah is very proud to have this scholarship created. “Having their name and legacy continue on keeps their memory alive and that is very comforting to our daughters and myself.”
The Foster Family
Queener Law, formerly known as the Law Office of Henry Queener does not offer any other scholarships other than the Noah Thomas Foster Scholarship. Any other information to the contrary on other websites is not current, including, but not limited to, deadlines, contact information, amount, criteria, and requirements.
For clarification or any questions, please email afoster@queenerlaw.com. We look forward to receiving your application!
Electronic Logging Devices Rule Held to be Constitutional
The Owner-Operator Independent Drivers Association filed a constitutional challenge against the electronic logging device rule, and the U.S. Court of Appeals for the 7th Circuit held that the rule is constitutional. It is on track to be fully implemented by Dec. 2017 unless the association appeals it to the Supreme Court of the United States. The regulation will require all large commercial trucks to have electronic devices installed, which will track and record whenever the trucks are in use.
The Lawsuit
The Owner-Operator Independent Drivers Association filed the lawsuit against the Federal Motor Carriers’ Administration on behalf of two truck owners. The drivers alleged that the regulation would violate their constitutional rights to privacy by recording all of their actions while they are driving. The court ruled on Oct. 31, 2016, holding that the electronic logging device mandate does not violate the constitutional right to privacy. The court found that the government’s interest in protecting other motorists outweighed any privacy issues. As a result, the rule is still scheduled to move forward. The plaintiffs have not said whether or not they intend to pursue the matter to the Supreme Court. If they do, and the court agrees to hear the case, it would be a final decision. If they do not appeal it, then the regulation will move forward.
Prior Lawsuit Against Previous ELD Rule Version
In 2010, the FMCSA had attempted to pass a prior regulation requiring electronic logging devices in commercial trucks. At that time, the Owner-Operator Independent Drivers Association filed a lawsuit against the FMCSA on the basis of constitutional privacy concerns. The Appeals Court held that the previous version was unconstitutional because it required the installation of cameras inside of the trucks. The current version does not, allowing it to pass constitutional muster.
Reasoning for the Rule
Large trucks have the potential of causing severe injuries and deaths when they cause truck accidents. This has led the government to institute numerous regulations on the trucking industry. The ELD rule is meant to prevent truck drivers from falsifying their log books and ignoring the hours-of-service rules. Those rules are in place to keep drowsy drivers off of the roads, a problem that a truck accidents attorney frequently sees in injury cases. A truck accidents attorney is hopeful that the new mandate will minimize the number of accidents that happen. Truck accidents often permanently change the quality of lives of their victims.
Taking pictures immediately after people have been involved in accidents can help to preserve crucial evidence of what occurred and which driver was at fault. Photographs can help prove the liability of a driver while also helping convince insurance companies that settling is a wise choice. Pictures can show the angles at which the vehicles collided, the direction of travel, the road and weather conditions, and other relevant information.
After an accident, it is common for people to be in states of shock. They might feel confused and be unclear about exactly what happened. Pictures provide crucial information about what caused the accident that people might otherwise fail to notice or forget. Accident reconstructionists can use photographs to determine the relative positions of the vehicles, their speeds, and other contributing factors such as weather conditions or road conditions. This type of information can help present a clear picture of what happened and the liability of the responsible party or parties.
When and How to Take Photos
People who are injured in accidents that they believe were the fault of the other drivers should always try to take pictures immediately after the accidents. If they are unable to do so themselves, they should ask someone else to take photographs for them. The pictures can be taken with a camera that is kept in the car or with a smartphone. The photographs should be taken before either vehicle is moved. People should take photographs of the positions of the cars and the damage to each. They should also take photographs of the other vehicle’s license plate. After getting these pictures, people should take wider pictures of the scene, including any road debris, skid marks, weather, nearby traffic control devices, or speed limit signs. Taking as many pictures as possible is a good idea.
In addition to taking pictures of the accident scene, people should also take photographs of their injuries. This can help to show the link between the accident and the injuries in case the insurance company attempts to blame the injuries on some intervening cause. People should also try to get the names and contact information of any witnesses who saw the accident so they can be contacted later. Having photographs and witness statements may help people succeed in subsequent claims with the insurance companies.
Listening to loud music can negatively impact a driver’s reaction times and driving abilities. Studies indicate that listening to certain types of music can reduce driver aggression and stress, but tempo, volume, and type may play a significant role in driver performance. If drivers are distracted by loud music, they may fail to react in time to avoid accidents, drift into other lanes and collide with other vehicles or pedestrians, or fail to hear emergency vehicles approaching. Researchers found that listening to music can cause teenage drivers to drive inattentively in a study that was conducted at Ben-Gurion University of the Negev in Israel. In the study, the researchers recruited 85 teen drivers who were ages 17 and 18 to drive specially wired cars along 40-minute routes with driving instructors. During some of the drives, the teens either didn’t listen to music or listened to soundtracks that had been created by the researchers to encourage safe driving. In two of the drives, the teens were told to bring their own playlists of music from home to listen to while they drove.
While the teens reported that they felt better when they drove while listening to their own music, they exhibited multiple problematic driving behaviors. They turned the volume up much higher when they listened to their own music. The driving instructors noted that the teens were likelier to weave in traffic, speed, and drive aggressively when they were listening to their own music. All of the drivers committed three or more driving errors when they listened to their own music at high volumes. The researchers noted that teen drivers are less able to process auditory and visual information simultaneously and that listening to music can be distracting to them. More experienced drivers may not be as distracted by listening to music when they drive. A study demonstrated that older drivers who listen to music while they drive may actually display improved driving behaviors. The researchers in that study posited that drivers might need some form of stimulus while they drive to prevent boredom. While the volume, tempo, and type of music can impact driver response times, distraction levels, and overall performance, it is still unclear which factors affect driving the most.
Relay trucking could be the answer to improving truckers’ work/life balance, preventing accidents, and saving lives. According to the FMCSA and NHTSA, fatigued and overworked drivers cause most commercial truck crashes. The FMCSA requires drivers and carriers to observe implemented hours of service regulations. Even with those limits, drivers often work long shifts with few or no breaks and are under pressure to meet deadlines are more prone to causing accidents. Truckers who engage in point-to-point, full-truckload freight loads have a tough job. They stay with the freight from the time it has been loaded on their rig until they reach the load’s destination. The truckers spend long hours on the road and often days away from their homes and families. The FMCSA requires drivers to take breaks, and their rigs are outfitted with electronic monitoring to keep track of driving and rest hours. However, driver fatigue still happens.
Less-than-full loads use a hub and spoke system where trucks are changed at different hubs along the freight’s journey. But this method is too costly and time-consuming for full loads. However, relay trucking, a new approach suggested by researchers at Oregon State University could improve the quality of life for truckers and save lives. This new method would rely on a large-scaled mixed fleet dispatching system. With relay trucking, the length of a trucker’s full-load trip could be reduced by 66 percent without delaying the delivery process. While a driver gets the rest he needs, another driver along the relay route would take over at the specified relay point and take the load to the next relay point and so on until the destination is reached. Theoretically, this method could be more efficient because the freight is constantly moving, shortening delivery times.
Relay Trucking Can Help Save Lives
According to the IIHS, in 2016, 3,986 people died in large truck accidents. Other drivers or passengers on the road accounted for 66 percent of those deaths. Truckers are required to comply with federal regulations of driving no more than 11 hours at a stretch, but some violate the law and go longer than 11 hours. This increases their risk of causing an accident from driver fatigue. Relay trucking would reduce the number of hours a trucker would drive, reduce driver fatigue and help save lives.
