Semi-Truck Accidents due to Drunk-Driving

Posted by on Feb 11, 2017 in Auto Accidents | 0 comments

An 18-wheeler, also called semi-truck, big rig or tractor-trailer, weighs about 80,000 lbs., making it 20-30 times heavier than a passenger car. While this weight can make this type of vehicle incredibly tough in road crashes, the same feature is source of great disadvantage where braking or coming to a full stop is the issue.

Compared to a light pickup or an ordinary passenger car which, at the speed of 65 mph, will require about 316 feet before coming to a full stop, an 18-wheeler will take 525 feet to stop fully. This longer stopping distance and other factors, which make big rigs threats on the road, are the reasons why it is very necessary that truck drivers are fully trained, licensed, not feeling fatigued or sleepy, and totally sober and focused on the road whenever behind the wheel.

While the first three necessities (mentioned above) are never or seldom problems, certainty on truck driver sobriety is still a big question. As shown in a number of studies, many truck drivers have been found intoxicated or high on drugs while driving – a very serious traffic violation due to the high risk of injury they put themselves and, especially, other motorists in.

The blood alcohol concentration (BAC) limit for drivers of passenger cars is 0.08%; for truck drivers, however, the limit is much lower: 0.04%. Semi-truck drivers operating their truck despite a 0.04% BAC can result to DUI, while if caught with a 0.02%BAC, they can be suspended from operating their truck for a total of 24 hours.

It is most vital that a truck driver exercises extreme caution while operating his/her vehicle to reduce the possibility of a truck crash. He/she will never be able to do this, though, if he/she is high on drugs or is alcohol-impaired; he/she will also be putting many lives in danger and even possibly cause an otherwise preventable incident that is due to his/her disregard for the safety of others.

“Commercial trucks are some of the largest vehicles on the road, and as a result, they can pose a serious threat to other motorists. Truck accidents are often far more significant in terms of impact than other types of car accidents, due to their size and weight, and the possibility of serious injury or even death resulting from these types of accidents is typically much higher than normal.

Truck accident victims are often left in a difficult situation, trying to recover from a serious injury while coping with costly medical bills and lost income. Fortunately, compensation may be available in these situations through the help of a seasoned personal injury lawyer.”

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Impairment: The Primary Reason Why Drunk Driving is Prohibited

Posted by on Dec 3, 2016 in Auto Accidents | 0 comments

The blood alcohol concentration (BAC) limit for drivers in the U.S. is 0.08% (about 4 – 5 regular bottles beer consumed within an hour). This means that anyone who will caught driving with this BAC level (or higher) can be charged with alcohol-impaired driving or DUI/DWI, driving under the influence/driving while intoxicated. Surprisingly, research shows that the highest number of drunk-driving cases involved people between 16 and 24 years old.

Impairment is the primary reason why drunk driving is prohibited. It makes a person less sober, and makes his/her reflexes slower. Besides this, impairment also affects a person’s judgment, perception, coordination, reaction time and general ability to focus on the road.

There is no acceptable explanation to driving while intoxicated. The National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) do not prohibit drivers from drinking anytime they want and as much as they can; what these agencies prohibit is driving afterwards – what makes it so hard to understand this?

Because of the obstinacy of millions of drivers, drunk driving remains to be a major problem. In 2008 alone, 13,838 alcohol-related fatal crashes were reported to the NHTSA; since then, the number of deaths due to this irresponsible road behavior has never gone down to more than 10,000.

A victim of drunk driving, as explained in the website of the law firm Karlin, Fleisher & Falkenberg, LLC, suffers not only physical injuries and trauma resulting from his/her life-threatening experience. It is very likely that his/her family also suffers financial hardship due to his/her absence from work, which results to lost wages and the need to pay costly medical treatment. Situations become worse if the injury leads to disability as this will mean more wages lost and higher cost of medical care.

Victims of drunken driving accidents are entitled to seek compensation from the negligent, careless and irresponsible at fault driver. While there is no stopping victims from agreeing to a settlement with the liable party or from filing a lawsuit and facing the legal battle alone, these strategies can prove critical in their attempt to seek compensation. It will always be to their advantage if they were represented by a personal injury lawyer who is highly-skilled in personal injury law who has the experience to aggressively pursue compensation from liable parties or from their car insurance provider.

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Sexual Assault: Can an Accused Innocent Person be Saved from Conviction?

Posted by on Oct 19, 2016 in Sex Crimes | 0 comments

It was in 1996 when the United States Congress passed Megan’s Law, a federal mandate that requires law enforcement agencies to make available for public referencing any relevant information about sex offenders. Information, which may be published in newspapers and pamphlets or posted in free public websites, can include an offender’s photo, name, residential address, work, communities visited, nature of crime and incarceration date. The passing of this law is to avoid sexual crimes from being committed, such as the one committed against a seven-year-old girl, who was raped and killed by her neighbor in 1994.

Sexual offenders, especially those who victimize children, are also required under the law to inform local law enforcement authorities of any changes in their address and/or employment after their release from custody (this can last for up to 10 years or may even be required permanently). In many states, offenders who fail to comply with this order can be charged with felony.

Many other U.S. laws have been passed for the protection of children, such as the Violent Crime Control and Law Enforcement Act of 1994, the Adam Walsh Child Protection and Safety Act of 2006, and the Sexual Offender (Jacob Wetterling) Act of 1994 (this is the federal version of the Megan’s Law).

Sex crimes, especially those committed against children, are very serious offenses. Some of the most common reported types of sex-related crimes are child molestation or indecency with a child, solicitation, sexual assault of a child, aggravated sexual assault, possession and distribution of child pornography, internet sex crime, and statutory rape, which refers to an adult engaging in sex with a minor who is under the age of consent. A person proven guilty of any these crimes will face very harsh punishments besides a ruined future.

In 2012, the Bureau of Justice Statistics’ National Criminal Victimization Survey was able to register 346,830 cases of rape or sexual assault on persons aged 12 or older. In spite of this alarming number, it is believed that many children, who are victims of sexual assault, do not immediately report the crime committed against them due to fear of negative reactions from their parents, or due to threats made by their abuser, most of whom are known to them, like a neighbor, a child care provider, a babysitter or a family friend; in the case of male victims, offenses are usually never reported.

As explained by the Nashville sex offense lawyers at Horst Law, the most serious form of this offense is what is termed as especially aggravated sexual exploitation of a minor—a single count of which constitutes a Class B felony. Depending on the circumstances of a case, an individual might be charged multiple times and could conceivably be punished with consecutive sentences.

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How a Contested Divorce Can Turn More Chaotic and Confusing for Spouses

Posted by on Apr 25, 2016 in Court of Law | 0 comments

What started to be a love-filled marriage for Terry and Murielle is now just a memory overshadowed by a bitter and hostile divorce procedure that has dragged on for five years, been handled by four different judges, involved six different divorce attorneys and which has cost about $400,000.00 in court fees, experts’ fees, lawyer’s fees (Murielle’s lawyer, actually, since Terry represented himself) temporary spousal support and copying tons of documents, like credit card statements, bank statements, income tax returns, life insurance policies, savings statements, and so many others. All payments, by the way, were shouldered by Terry, even payment of his wife’s lawyer’s fee.

Terry and Murielle were married in 1989. After their second child was born, Terry started his own business. They lived extravagantly, vacationing in different countries, like Tahiti and France (where Murielle was born). Before they reached their 20th year anniversary, however, the couple fell out of love. According to Murielle, her husband was too controlling; she also did not like his large gun collection. Terry, on the other hand, though that she drank and spent too much. Both just stopped talking to each other until, in 2008, they filed for divorce.

The only real reason why the case had dragged on so much longer than it should have was alimony. In 2008, after their divorce was filed, Terry’s alimony offer to Murielle included a $5,400 monthly payment until his retirement, half of everything in their million-dollar home and $50,000 cash. Murielle’s lawyer, however, made her decline (not just this offer but all other offers as well) telling her that she can have more. In 2012, after the costly legal fees and all other expenses, and with Terry’s personal business almost bankrupt, the topic of alimony was once again brought up. That time, though, Terry’s former $5,400 monthly alimony offer went down to just one digit: 0.

Prior to the filing of the divorce case, Terry’s business made $250,000 annually. He thought of settling their divorce in court because he believed that a divorce court was the best place where grievances could be smoothed out and order, restored. However, after four years in court and still with no hint as to the possible end of their divorce case, Terry began seeing the system of marital justice as nothing more than just a journey into a period of chaos and confusion.

It was on Terry’s 55th birthday (in 2013) when he finally received the court’s decision on his divorce case. The family judge decided that their house be sold immediately and that he pay his former wife $1,500 monthly alimony; however, since he has child custody (due to Murielle’s drinking problem), Murielle owed him $525 a month in child support. All still unpaid legal fees (for Murielle’s attorney and her former forensic accountant) will have to be paid by Murielle herself.

Terry considered the decision both a relief and a victory. A relief because he was divorced, finally! A victory, in a way, because he was spared from paying costly alimony. Had the decision been made by the first judge who handled their case (and who also appeared like he did not like Terry), things would be different; he would have been made to pay more or spend time behind bars.

In its website, The Maynard Law Firm, PLLC, states that spouses can always turn to the courts which can help them resolve issues they cannot agree on. It is important to note, however, that when deciding to file divorce in a court, it should be made with the assistance of an experienced divorce attorney whose aim is to help spouses resolve and settle all divorce-related issues, not make money from the case by prolonging it as much as they can.

A divorce proceeding can be an emotionally charged experience; thus, a lawyer adding to the problem should have no part in it.

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Duty After a Car Accident

Posted by on Nov 20, 2015 in Personal Injury | 0 comments

Those who have been in a hit-and-run accident are required legally to “stop and give help”, or when incapable to, at least provide important contact info so that the necessary financial compensation will be granted to the victim or victims. The driver of the car who struck the victim’s home or the victim is legally bound to (1) stop, (2) present and share identification, and (3) supply essential first aid support. Even drivers who failed to cause the accident can be indicted if they’ve neglected assist the at-fault driver to run from the picture and to execute these lawful requirements, in addition to passengers who aid. A passenger who takes the wheel to flee the accident over can also be held liable for the hit and run.

Regions such as Indianapolis, IN understand how hard it is to be associated with an automobile accident, and they’ve seen their fair share of road mishaps. An excellent quantity of Indianapolis residents every year, have problems with property damage and injuries as a result of other folks’ carelessness and negligent conduct.

Based on the website of Indianapolis car accident attorneys, it is necessary that the at-fault driver was aware of the crash and purposefully ran from the scene. However, any evidence that may point out any possible interference that an episode occurred (or what is normally called indirect evidence) may be enough proof that the driver was not unaware of what occurred. According to the state, bulk of laws require information and help to halt and supply following the collision to trauma or property damage it resulted regardless of whether or maybe not. Irrespective of charges that are legal, hit and run also can cause civil liabilities.

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Types of Bad Faith Insurance

Posted by on Aug 7, 2015 in Business | 0 comments

If your home or property has been damaged but is insured, you’re probably very thankful and relieved to know that your insurance company will help you and give you the financial compensation that you need to make your repairs. Such damage and the following repairs will be stressful all on its own, but if your insurance company refuses to pay the full amount they own under your plan or refuses to pay at all, it can make the situation unnecessarily difficult. According to the URL http://www.pohlberkattorneys.com/, there are four main ways that an insurance company can act in bad faith: delaying a claim, improper investigations, refusing to provide full coverage, and improper valuation of property.

When an insurance company delays a claim, it wastes your time. It takes unnecessarily long for you to receive the compensation you deserve, and often you will be forced to constantly contact the company over a long period before they pay part or all of the coverage. For some, this is too much to have to deal with and they never receive compensation – which is exactly what the insurance company wants.

To ensure that people are not abusing their insurance, companies often require an investigation before compensation is paid. This is not to hurt you or cause you inconvenience, but rather to protect the insurance company. However, some companies abuse this practice and use it as a means to deny your claims and avoid giving you the compensation you deserve.

Sometimes your claim is valid and your insurance company owes you a large sum for compensation, but the company refuses to pay all or part of it for one reason or another. Sometimes they simply do not give you a reason for the reduced coverage, other times they will try to make you believe that certain portions are not covered when they actually are.

The amount you are compensated in the event of damage will depend on the original value of the property. Some insurance companies will try to use this fact as a way to reduce the amount of compensation they owe you. They could try to set the value of your property at a much lower dollar value than it is actually worth, so they will then owe you less than they actually should in the event of damage.

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Common Injuries Caused by Truck Accidents

Posted by on Apr 4, 2015 in Automotive Injuries | 0 comments

In the year 2013, the Insurance Institute for Highway Safety (IIHS) recorded 3,062 fatalities caused by accidents involving large trucks. Majority of these fatalities—about 67 percent—comprised of victims occupying passenger vehicles. Meanwhile, truck occupants made up for 16 percent of all recorded fatalities. The IIHS report also shows that 15 percent of the victims were bicyclists, motorcyclists, and pedestrians.

As the available data proves, truck accidents can cause far more dangerous outcomes. Even when victims survive a crash, they will still be burdened by serious and debilitating injuries. Much of this outcome is determined by the discrepancy between the size of commercial trucks and other vehicles sharing the road. Because these trucks are often 20-30 times larger than passenger cars, it’s easy to conclude that injuries sustained in truck accidents require a longer recovery than those sustained from other vehicular crashes.

The following are just some of the most common injuries caused by accidents involving commercial trucks. If you or your loved one are suffering from any of these injuries caused by a truck accident, it’s best to seek consult with an experienced attorney to learn more about your legal options. As emphasized on the website of the Atlanta truck accident lawyers of the Ausband Law Firm, victims are entitled to seek compensation to cover the costs of treatment, recovery, and any other damages caused by the accident.

Spinal Cord Injuries

Damage to any part of the spinal cord can cause significant effects on the body’s physic al functions. In particular, spinal cord injuries can permanently impede automatic, sensory, and motor functions and lead to paralysis.

Traumatic Brain Injuries

Any type of external force applied to the head can lead to a traumatic brain injury. While the effects of such injuries will depend on the severity of the damage, brain trauma can usually lead to sensory problems and loss of consciousness. In more devastating cases, a traumatic brain injury can also result in permanent disability or a coma.

Neck and Back Injuries

The neck and back contain a complicated system of muscles and bones that help support the physical structure of the human body. As such, any injury to these crucial parts can lead to debilitating pain and impaired movement. Whiplash is one of the most common injury caused by any motor vehicle accident and is caused by forceful and rapid movement of the neck.

Bone Fractures and Dislocations

Bone fractures caused by truck accidents can be very severe. Most of the time, these injuries will require several surgeries to treat. Patients will also need to undergo rehabilitation to regain full mobility.

Burn Injuries

High-impact collisions can cause fuel tanks to rupture and explode. In these cases, victims could end up suffering from serious burn injuries. Truck accidents typically cause second or third degree burns that require surgery and skin grafting.

Internal Injuries

Internal trauma is another common truck accident injury. Blunt force to the abdomen can compromise vital organs and lead to internal bleeding. When these organs are severely injured, patients might need to undergo transplant surgery in order to survive.

Cuts and Lacerations

Truck accidents can also leave victims with deep-level lacerations. Such injuries will require proper treatment and stitches, preferably within the first few hours after the accident. Any longer and the laceration could get infected.

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Injuries can Occur at Birth

Posted by on Feb 19, 2015 in Hospital Accidents | 0 comments

Childbirth poses a great number of health risks not only for the mother but most importantly for the baby. The child’s passing through the uterus can be made complicated by several risks, and these could lead to birth injuries if not properly addressed by medical professionals. Compounding the childbirth may be the difficulties during the delivery. If fetal distress is present, the labor may have to be expedited as detected by fetal hypoxia or acidosis. Most of childbirth injuries are due to hypoxia and mechanical trauma. Childbirth injuries that resulted from medical negligence or error may seem to be small, with only 5%, but it still a considerable amount considering the life of the baby.

Expectant mothers should be aware if they are at risk of childbirth injuries. Among the risks factors that should considered are shoulder dystocia, cephalopelvic disproportion, a premature baby, instrumental or breech delivery, and many others. Talking with your doctor during your regular check-ups could help you prepare for the childbirth and avoid injuries or risks to you and you baby. Many of birth injuries can be prevented through proper medical care. According to the Center for Disease Control and Prevention, among the most common birth injuries that are linked to medical negligence or error are: facial paralysis, fractures (in the skull or bones along the collar) brain injuries (due to oxygen deprivation), cephalohematoma, brachial palsy injuries, and many others.

Many birth injuries can heal in a matter of days, but some can have a lasting effect on the child that would lead to physical and developmental complications. When this happens, the child’s quality of life will be greatly affected, and special care and attention may be necessary for them to grow up. According to the website of Ritter and Associates, proving negligence can be difficult. It is therefore important to talk with a lawyer first in order to determine whether the hospital or any of the medical professionals involved in the operation was indeed negligent and if there is a case that can be filed against them.

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Problems associated with Reglan

Posted by on Jan 8, 2015 in Medical Defects | 0 comments

Prescription drugs are often the target of civil action because they are typically inherently dangerous even when taken as prescribed. This is the issue with Reglan, (generic name metoclopramide) which was approved by the Food and Drug Administration (FDA) for the short-term (4-12 weeks) treatment of chronic digestive problems such as heartburn, diabetic gastroparesis and gastroesophageal reflux disease (GERD) in 1980.

Several years after FDA approval, long-term use of Reglan began to be linked to tardive dyskinesia, a serious neurological condition characterized by involuntary, repetitive movements of the face, eyes, tongue, fingers and limbs. Statistics show that about 29% of patients that use the drug for more than 12 weeks develop tardive dyskinesia. Another possible side effect from short-term (12 weeks) use Reglan may include Neuroleptic Malignant Syndrome (NMS), an often fatal conditions characterized by fever, sweating, muscle rigidity, unsteady blood pressure, and autonomic dysfunction.

Metoclopramide acts on the digestive tract, speeding up food movement through the digestive system. It has also been shown to have a positive effect on pregnancy-related nausea and migraine headaches, although these conditions are not approved for a Reglan prescription by the FDA. Currently, The FDA has approved Reglan for the treatment of post-surgical nauseas and post chemotherapy nausea as well.

According to the website of Evans Moore, LLC, the consequences of taking dangerous drugs can be minimized if the drug manufacturer gives physicians and the public full disclosure about the associated risks. The first Reglan lawsuits began more than 20 years ago but a series of FDA warnings, the last of which was issued in 2009, increased the public’s awareness of the dangers of using Reglan and its generic counterparts, especially for off-label and long-term use. This resulted in new lawsuits being filed, most of which alleged that the drug’s manufacturer Pfizer failed to provide adequate warning about the risks associated with using Reglan or its generic versions.

If you have acquired a serious medical condition from taking Reglan or its generic counterparts, you will probably have it for the rest of your life. Consult with a dangerous drugs lawyer in your area to find out your legal options.

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Double Trouble Car Accidents

Posted by on Oct 8, 2014 in Automotive Injuries | 2 comments

In a perfect world, there would be no car accidents. Unfortunately, this is not a perfect world, and you could even be involved in a car accident where the negligence of another driver plus a defective car could land you into a world of hurt. Fortunately, you would have legal recourse for demanding compensation for your injuries.

All drivers will be involved in a car accident at least once in their lives, and more often than not it is due to driver error. The driver error may be due to an innocent mistake such as taking a turn too fast, failing to be sufficiently alert, or panicking and hitting the wrong pedal. It could also be due to distracted driving or driving under the influence, in which case it would be a negligent driving accident, for which you can file a personal injury lawsuit. According to the website of Pohl & Berk, LLP in Tennessee, this may be necessary as serious injury from an auto accident can be life-changing as well as financially devastating.

According to the website of the Mokaram Law Firm, car accidents could occasionally be due to a defect in the car. This could be attributed to the car manufacturer for design defects, the mechanic who did the work, or the auto parts manufacturer for a malfunctioning part. Between 2001 and 2011, more than 12 million automobiles were recalled due to suspected or proven design defects. A distracted or incompetent mechanic may have made a mistake, or the replacement part was not working. This type of accident would constitute a product liability claim, and all parties involved in the accident may be eligible to file for compensation.

But what if the accident was both due to negligent driving and an auto defect? As a victim, you will not have to choose. Consult with an experienced and aggressive personal injury lawyer to find out if you are eligible to make a claim against both the negligent driver and the party responsible for the car malfunction. In most cases, these are separate cases and may both be filed.

Car accidents are traumatic, especially if it could’ve easily been avoided if the other driver was simply more attentive. If you or a loved one has been injured in a car accident due to someone else’s negligence, you could get in touch with a personal injury lawyer to discuss your case more in depth. You might be able to hold the person who hurt you accountable for what they’ve done, meaning you may be off the hook for paying those crippling hospital bills and other expenses related to the crash.

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