Why Drivers Drink and Drive

Posted by on Mar 31, 2017 in Drink and Drive | 0 comments

Why Drivers Drink and Drive

Drunk driving is against the law, but there are a lot of drivers out there who still drive while under the influence of alcohol. It is as if they are not aware of the consequences, and how these consequences can change the direction of their lives.

They are too confident

Drunk drivers clearly know that alcohol has negative effects on the body that can compromise their driving capability, but this does not stop them from driving while intoxicated. They are too complacent that nothing bad will happen. In fact, they even want to prove a point by being reckless. They speed and weave through traffic, and one look at the news shows us what can happen because of it.

They are forced to drive

Many drinking sessions are not planned, so it is not uncommon that the drinking group does not have a designated driver, so the individuals in this group are forced to drive home on their own. It is important to have a designated driver that they can trust while they are already under the influence of alcohol. This way, someone who is not intoxicated can take them home safely.

They think they will not be arrested

Driving while drunk is against the law, and jurisdictions and states have their own ways on making sure that this offense is not committed. Increasing police visibility, setting up sobriety check points on strategic locations, prioritizing DUI cases in court, and having awareness and educational programs about drunk driving are just some of them. Without the proper enforcement of the law, drivers become complacent that they will not get caught, increasing their chances of risking drunk driving.

They are not afraid of the penalties

Driving under the influence of alcohol convictions have severe consequences. The fines can reach thousands of dollars. The license suspensions can reach up to 5 years or more. There is also the possibility of jail times, depending on the severity of the offense.

According to the website of Truslow & Truslow, there are legal ways to defend DUI charges. The fact that these charges can be defended or dismissed may make drivers more confident in drunk driving, or their drunk nature make them overlook the severity of the consequences.

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How To File A Hit And Run Accident Claim

Posted by on Oct 15, 2016 in Vehicle Accidents | 0 comments

Car accidents can happen any time. For some people, the first thing that will come to their mind is to leave the scene of the crime. However, doing so may likely put you in hot water and may result to serious legal ramifications. Running away from the scene of an accident is called hit and run. In some states, collision with an animal is also called “hit and run.”

In majority of the states, it does not matter whether you caused the accident or not. The only exception to the hit and run rule is when you need to access emergency assistance provided that you immediately return to the scene of the accident. In some states, hit and run accidents need not happen on the highway or public road but can happen even in the parking lot. Let us say that you accidentally bumped into an unoccupied car and did not leave your contact information that is hit and run.

According to the website of Pohl & Berk, LLP, a hit and run accident can have fatal consequences on the victims involved. Such accidents may result to hospitalization, loss of income, physical harm, and others. Hit and run is considered as a criminal offense and the penalties that will be imposed may vary from one state to another. In some states, criminal offense can either be classified as felony or misdemeanor. To be classified as a felony, most states define hit and run as leaving the scene of accident when there is an injured person.

Felony hit and run comes with a fine ranging from $5,000 to $20,000. It is also possible for the defendant to get a jail sentence. Depending on the nature of the accident and the resulting injuries, the possible jail term is up to 15 years. Aside from criminal liability, hit and run may also carry administrative penalties. The penalties are usually determined by the Department of Motor Vehicles. Whether for felony or misdemeanor, hit and run may entail a suspension or revocation of your driver’s license.

Finally, hit and run may also be a civil liability and the person involved in the crash may hold you liable for any damages they incurred.

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Understanding The Consequences of Amputation

Posted by on Jul 19, 2016 in Personal Injury | 0 comments

No news can be more devastating than being informed that you will have to lose a limb. For the person who will lose a leg or hand, the following days will be the toughest. Amputation is associated with various changes that could impact the amputee for the rest of their life. According to the website of Cazayoux Ewing Law Firm, the consequences of losing a limb can be catastrophic not only for the individual but also for their families.

While no amount of money can replace a lost limb, the amputee and their family must slowly accept the changes that will come into their lives. Acknowledgement can be difficult but the support of the family can play a huge role in the amputated individual accepting the hard fact that he has lost a limb. There are various consequences that can arise from amputation and here are some of them:

Psychological Effects

The amputee will suffer psychologically from their new condition. Dr. Elizabeth Kubler-Ross, MD, points out the five different stages that the amputed individual will go through: 1) denial and isolation 2) anger 3) bargaining 4) depression and 5) acceptance. Aside from that, the individual may also suffer from post-traumatic stress disorder (PTSD).

Emotional Consequences

The emotional effect of amputation is dependent on the age, type of loss, and the cause of amputation. The individual will experience increased negative thoughts, negative feelings, physical pain, and feeling of helplessness.
The loss of limb may also have an impact on the amputee’s self-identity and self-esteem. Amputation can result to a long-term problem with an individual’s self-image. These changes can also include a higher degree of anxiety and depression, lower self-esteem and less satisfaction with life and appearance. They will also develop a feeling of revulsion with their family as well as with society.

Social Consequences

Amputation will also have a negative effect on the sexual and social relationship of the individual. They will resort to social avoidance and isolation.

People who have just undergone amputation will need the support of their family members and friends. Showing empathy, fear, and helplessness will do no good and will only prolong acceptance by the amputee. Instead they should show strength, hope, and optimism.

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Ways of Showing Proof of Financial Responsibility

Posted by on Mar 10, 2016 in Financial Responsibility | 0 comments

Showing proof of financial responsibility is a basic requirement for drivers in the US. It refers to a law which requires individuals to demonstrate capability to pay compensatory damages that result from accidents wherein they are at fault.

According to Greenfield, WI car accident lawyers, proof of financial responsibility may be shown by carrying an auto liability insurance policy, like what is mandated in 48 US states, or by demonstrating capability to pay compensation through ways approved by the state. In New Hampshire for, example, depositing cash or posting a bond with the state is enough for drivers to be able to show compliance with the state’s Motor Vehicle Financial Responsibility requirement; drivers, however, can still purchase a car insurance policy, although having one is not really required. In the state of Virginia, on the other hand, drivers may instead pay the uninsured motor vehicle fee to their state’s Department of Motor Vehicles (DMV) if they wish to register their vehicle as uninsured.

In the states where auto liability insurance is strictly required, 38 are under the tort system, nine are known as “no-fault” states, while the remaining three are called “choice states.” “Choice states,” which include Pennsylvania, New Jersey and Kentucky, allow their drivers to have either tort insurance coverage of the no-fault coverage. “No-fault” states, which include Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah, compensatory damages are paid to the drivers (involved in the accident) by their respective insurance providers, regardless of who is at fault in the accident. In tort states, however, victims of accidents may file a civil lawsuit against the at-fault driver, whose insurance provider pays the court-approved amount of compensation to the victim (though auto insurance is not mandated in New Hampshire, drivers who rather decide to carry it may purchase a tort insurance policy; this is the same case in the state of Virginia).

Millions of drivers, however, purchase a car insurance policy and then stop paying its premiums right after renewing the registration for their car and license. The most common reason for this is the high cost of auto insurance. By using free auto insurance quotes, however, drivers will find the most ideal insurance deal, regardless of their driving history, credit history, age and driving experience.

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Requirements for a Medical Malpractice Lawsuit

Posted by on Oct 9, 2015 in Medical Malpractice | 0 comments

A hospital or doctor’s office is the last place we would expect to receive an injury or illness. However, medical malpractice is a real and frequent occurrence in America. West Palm Beach personal injury attorneys would likely say that medical malpractice can take many forms that include failure to diagnosis, improper treatment, and delayed treatment. Medical errors such as this can cause severe injuries, progression in an illness, and even death. Many individuals who are victims of medical malpractice will seek action against the party responsible for their suffering. However, it is important to understand the requirements for a medical malpractice claim.

For a medical malpractice lawsuit to be recognized by a court, a basic doctor-patient relationship must have existed. Essentially, this means that you hired the doctor to perform medical treatment and the doctor understood their responsibility. A second requirement is to prove that the doctor was negligent or violated medical standards and that their actions led to some sort of adverse effect or injury. This also means that a component doctor would not have caused injury in your case. Further, the doctor’s negligence has to be shown to have undoubtedly caused the injury and that it would not have occurred regardless. Lastly, even if a doctor or surgeon performed below standards, you can only sue for medical malpractice if a specific injury occurred. If a patient suffered no harm, a medical malpractice lawsuit is not likely.

When we enter a hospital, we rightfully expect that doctors will provide the highest standard of care. Unfortunately, many individuals can leave a doctor in worse condition than they started off in. In addition to physical pain, victims of medical malpractice can be left in emotional and financial turmoil, often unable to work. Due to this, it is often necessary to take legal action against the medical party responsible for your suffering if the conditions previously discussed are met.

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Common Causes of Airplane Accidents

Posted by on May 13, 2015 in Personal Injury | 0 comments

Airplanes are often considered completely safe and are usually acknowledge as one of the most convenient ways to travel. These assertions are backed by data from Aviation Safety Network (ASN). According to a recent industry report, air travel is currently at its safest—tallying only 3.2 accidents for every million departures. Considering that an overwhelming 2.9 billion people have ridden planes in 2012, it’s easy to see that the rate of airplane accidents is considerably low.

Despite trends pointing towards the assurance of air travel safety, it is still important to keep in mind that accidents are hard to account for. Despite the declining rate of air plane accidents, the possibility that something can go wrong is hard to completely eradicate. This is particularly true considering that airplane crashes and accidents are typically caused by factors that are harder to predict and foresee. Issues with inclement weather, for example, usually play an important part in most airplane accidents. An editorial by the British Broadcasting Corporation (BBC) concludes to this fact as it tries to analyze the 2014 disappearance of AirAsia QZ8501.

In particular cases, air plane accidents can also be caused by some form of human error and negligence. Pohl & Berk, LLP point out that most of these crashes are typically caused by airline negligence, mechanical failure, pilot error, pilot intoxication, and air traffic control error.

The infrequency of airplane accidents proves that these incidents are easy to prevent and avoid. Airlines and other similar organizations need to be held accountable for any decision or misstep that may cause harm to their passengers. Similarly, the family of victims involved in such crashes can seek out several legal remedies to ensure that this accountability is maintained. One such option is to file a personal injury claim.

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Common Car Accident Injuries: First Aid for Broken Bones

Posted by on May 12, 2015 in Personal Injury, Vehicle Accidents | 0 comments

The personal injury law firm Ravid & Associates, P.C. points out on its website how common car accidents are in the United States, reporting that millions of incidents occur each year. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 2 million people injured in motor vehicle accidents during the year 2012. One of the most common injuries suffered by these individuals is broken bones or fractures. While these injuries aren’t usually life threatening, the severity of a fracture can worsen without immediate medical attention. As such, it’s important to take note of certain first aid measures to ensure that these injuries are addressed while waiting for help to arrive.

The bones in our body can only stand a certain amount of force. Any more than that will cause it to give way and break. A fracture happens when a substantial amount of forces causes a break of any size. Physicians categorize fractures into many different types, but the most general categories refer to how the fracture presents itself. A displaced fracture happens when a bone breaks and the pieces shift and are misaligned. On the other hand, non-displaced fractures are characterized by a broken bone that retains its natural alignment. Simple or closed fractures happen when a bone breaks with no punctures or open wounds. Broken bones that pierce through the skin are called compound or open fractures.

Before administering first aid, look out for the visible signs and symptoms of a fracture. Broken bones will lead to very intense pain with significant bruising, swelling, or bleeding in the affected area. It can also cause the injured area to look misshapen or feel numb. Emergency medical attention is crucial in cases that involve compound fractures or heavy bleeding. The Mayo Clinic then recommends taking the following steps while waiting for help to arrive:

  • When the fracture involves an open wound, stop bleeding by applying pressure using sterile bandages or clean pieces of cloth.
  • Make sure the injured area is immobilized as much as possible. Don’t try to move or realign any bone that’s sticking out.
  • When the fracture is minimal and only results in swelling and bruising, apply ice packs to the skin to help ease pain and discomfort.
  • If the injured person is feeling faint or breathless, help them lie down with their head slightly lower than their body. If it’s possible, try to elevate their legs.

While bone fractures are easier to manage than other injuries resulting from car accidents, they can still cause great discomfort and translate to a long time in recovery. According to the website of Habush Habush & Rottier S.C. ®, these injuries can also cause financial burdens. This is particularly true for severe fractures that require physical rehabilitation. The website of the Milwaukee car accident lawyers at Habush Habush & Rottier emphasize that these burdens can be properly compensated by at-fault drivers through proper legal channels.

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Getting Started in the American Trucking Industry

Posted by on May 7, 2015 in Trucking | 0 comments

The trucking industry is usually understood to be the lifeblood of a healthy economy. Without an effective system of transporting goods and products, the marketplace will soon come to a standstill. As such, it comes as no surprise that the American Trucking Associations have found that the industry has generated more than $600 billion in gross freight revenues during the year 2011.

Coming into this billion dollar industry can be a challenge, but it can also reap plenty of rewards. Individuals looking to operate their own trucking business can expect steep competition, especially as they are just starting out. However, as the U.S. Small Business Administration (SBA), challenges like this can be mitigated with plenty of preparation. With research and consideration, a new trucking business can be an extremely successful enterprise.

One of the first decisions crucial to starting a trucking business is determining your mode of operations. As the SBA points out, majority of trucking businesses operate in two different ways. Some run their business with a fleet of drivers as their own employees. Others prefer to sub-contract drivers from external companies. The first option gives an owner full control of every aspect of the business, although it can be a struggle for those working on a tighter budget. The second option is less expensive and leaves the business owner plenty more time to handle operations and contracts. It doesn’t afford plenty of opportunity to ensure that drivers are properly trained and their working hours regulated.

Regardless of an owner’s final decision regarding mode of operations, several other challenges will arise as a trucking business slowly gets its first run. One of the common concerns includes financial constraints caused by problems concerning invoice payments. Freight factoring services such as TBS Factoring exist and are able to help trucking business owners solve typical cash flow issues.

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Murder and Homicide in Texas

Posted by on May 6, 2015 in Criminal Law | 0 comments

There is perhaps no other criminal charge as serious as murder or homicide. Anyone convicted of such crimes can only expect to face steep punishment. The court can impose a significant number of years of imprisonment for criminals convicted of murder or homicide. Certain scenarios can also lead convicted criminals to be sentenced to a lifetime in prison or even death.

Texas is among the 32 states in America where death penalty is legal and its penal code classifies these crimes under the broad umbrella of criminal homicide. The law defines criminal homicide as situations when an individual causes the death of another intentionally, knowingly, recklessly, or with criminal negligence. These crimes are classified into four different types, depending on the circumstances of the given situation.

A criminal homicide case is considered a murder when a person’s death results from any harm that was knowingly and intentionally caused by the perpetrator. A murder is considered a first degree felony and could lead to lifetime imprisonment. Similar crimes that are aggravated by additional circumstances are known as capital murders. Some of these circumstances include causing the death of a law enforcement officer and murder committed during kidnapping or sexual assault. These crimes are punishable by death penalty.

Death caused by reckless behavior is called manslaughter. These cases typically involve other violations such as driving while intoxicated (DWI) and are considered second degree felonies. Finally, homicide cases involving negligence or inattentive creation of risk are referred to as criminally negligent homicide. A state jail felony, it requires a perpetrator to serve up to 20 years in prison.

Depending on the decision of the court, perpetrators convicted of criminal homicide will also need to pay significant fines on top of the prison sentences they are expected to serve. As one can see, the punishment for crimes involving homicide and murder are unsurprisingly steep and hard to bounce back from. If this occurs consult a criminal defense attorney immediately.

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Receiving Compensation after an Accident in the Workplace

Posted by on May 5, 2015 in Job Accidents | 0 comments

It is in the nature of accidents to be unpredictable. As the LaMarca Law Group, P.C. says on its website, it’s impossible to anticipate and prevent any of the illnesses and injuries caused by such incidents. This is particularly true for people who face higher rates of risks in their everyday lives. Workers in dangerous industries like construction and transportation are among those who go about their days with the constant threat of illness or injury looming over their shoulders.

According to the Occupational Safety & Health Administration under the U.S. Department of Labor, about 2.9 million injuries were reported in the private industry during the year 2013. They found that these injuries were typically caused by the following risks:

  • Getting struck by objects
  • Slipping or falling due to surface hazards
  • Falling from significant heights
  • Repetitive motions
  • Exposure to toxic substances
  • Lifting, pushing, or pulling of heavy objects
  • Other accidents involving heavy machinery

While some workers are lucky enough to escape the devastating effects of an accident in the workplace, majority suffer from injuries and illnesses that can impede their ability to return to work and earn an income. The most common injuries caused by such accidents include spinal cord injuries, brain trauma, burns and amputations. Certain accidents, particularly in the cases of toxic exposure and repetitive motion, can also cause serious medical conditions such as cancer and organ failure.

In these scenarios, workers are allowed benefits that can help alleviate any financial strains caused by their injury or illness through their company’s workers’ compensation program. In most cases, these benefits can be used to cover medical expenses and other concerns involved in treatment and recovery. With the help of an experienced lawyer, injured workers can claim benefits for the following scenarios:

  • Construction site injuries
  • Slip and fall accidents
  • Traumatic brain injuries
  • Spinal cord injuries including those that led to paralysis
  • Repetitive motion injuries
  • Occupational diseases and other medical conditions
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