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Employer Negligence On Truck Accidents

Posted by on Aug 24, 2016 in Truck Accidents | 0 comments

Whenever a truck accident happens, the usual suspect or at fault for the collision is the driver. The last person that they will blame for the accident is the employer or owner of the trucking company. While some accidents are indeed caused by the driver, there are some instances when the employer could have been negligent with their duties. According to the website of Karlin, Fleisher & Falkenberg, LLC, both the employer and the employee have a legal and ethical responsibility to other drivers.

The trucking industry is regulated by state and Federal regulations. These laws lay down the responsibilities of employers. One of the duties of the employer is to make sure that the drivers who operate their trucks is physically fit to do so. The driver they will choose must also have a valid commercial motor vehicle driver’s license or CDL.

It is the job of the employer to make sure that the driver they will choose is capable of safely operating their trucks by letting them complete a road test. Moreover, the employer should ensure that their vehicles are properly equipped with safety equipment. In other words, the employer should see to it that the driver they will hire passed the standards they have set for themselves.

It is also the responsibility of trucking companies to conduct routine drug and alcohol tests on their drivers. These tests should be done in different circumstances such as:

  • During the hiring process
  • After an accident that resulted to injuries or fatalities
  • If the employer suspects that the driver is using drugs or alcohol while on duty
  • It is also the duty of the employer to review the driving record of their drivers. Did they commit any traffic laws? Were they convicted of any charge or for DUI? Employers are required by law to conduct an annual review of their drivers.

These are some instances that can prove negligence on the part of the employer. If they fail on these responsibilities, they could be held liable for any accident that will happen.

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Be Wary of these Factors which can Cause Drowning Accidents

Posted by on May 20, 2016 in Personal Injury | 0 comments

According to the Centers for Disease Control and Prevention, from 2005-2014, the annual average of non-boating related fatal unintentional drownings in the U.S. was 3,536 (yearly average of drowning in boating-related incidents was 332). Drowning, rather than traffic accidents, is actually the leading cause of accidental death among children below five years old. Swimming pools are the most common places of fatal unintentional drowning for children under five, while the most common places of drowning for adults older than 85 and children under age 1 are bath tubs and, for older children and adults, natural bodies of water, including rivers, lakes and oceans.

There are many different factors that may cause drowning, but the one most commonly cited include: lack of pool barriers that would prevent children from gaining access to the pool area; failure to closely supervise children; lack of basic swimming skills; failure to wear a life jacket while boating; intoxication due to alcohol use; and, seizure disorders.

According to The Seegmiller Law Firm, drowning, in the worst of circumstances, can result in the wrongful death of a loved one, leaving a family mourning, and even in situations where it does not result in a fatality, the victim can suffer permanent disabilities due to the repercussions of drowning. This is because non-fatal drownings can also cause injuries which are serious enough to alter a person’s life. One example of an injury is severe brain damage which can lead to long-term disabilities, like permanent loss of basic functioning (wherein a person ends up in a vegetative state), memory problems, learning disabilities.

Victims of drowning, by the way, include not only those who lack swimming skills. A number of people who knew how to swim (some were even good swimmers), have also had either fatal swimming accidents or non-fatal accidents but which resulted to serious injuries.

In public pools or resorts, particularly, many fatal drowning accidents occur due to the fault of the person who owns or manages the resort. An owner’s or manager’s lack of initiative to have lifeguards, allow pool drains to remain uncovered, and allow the installation of poorly designed pool safety features are just a few of the factors that increase the risk of drowning accidents. A person whose action or lack of action leads to a drowning accident makes that person accountable for the harm suffered by a victim; he or she may also be held legally accountable and be required to compensate the victim (and his or her family) for whatever damages such victim has been made to suffer.

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Hit-and-run Accidents

Posted by on Nov 18, 2015 in Personal Injury | 0 comments

Nothing is less brave than drivers who hit-and-run when an injured individual is concerned. Usually, hit-and-run car mishaps do not always automatically include individuals or other vehicles. A hit-and-run is understood to be leaving the scene of a traffic crash without preventing the car. For instance, striking hitting a property’s fence and failing inform and to halt the incident’s owner might constitute a hit-and-run. But property-damage is nothing in comparison to physical bodily harm to another person, therefore drivers who do a winner-and-operate when someone is injured is regarded not just civilly but criminally responsible.

Many hit-and-run drivers operate because they fear to be found financially prone to their victim, and lack insurance coverage, or may be driving unlawfully. But doing a hit-and-run is undoubtedly making bad to worse. In general, departing the scene of an automobile crash is tantamount to a hit-and-run, which in many states is an offense. However, the total amount of damage or degree of harm may determine if it’s violation or a felony, and the thresholds vary from state to state. That is, assuming the driver is identified and produced to face the action’s effects.

More than 700,000 hit and run injuries happen every year in the US, and some statement that less than half drivers that are hit and run are identified and captured. An accident lawyer may point out reasons this may be a problem for the accident victim, who is left with the costs for repairing the damaged house or, worse, medical prices for the injury, to not mention other economic and non-economic damages. But there are lawful alternatives open to casualties that are hit-and-run if they know how to proceed.

Casualties of hit-and-run should note just as much detail as they can about the car and also the hit and run motorist down to supply to law enforcement as well as the insurance company. The hit-and-run driver will not do this voluntarily, although if they never get caught, the insurance provider may still cover a number of the expenses.

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Signs of Brake Failure

Posted by on Aug 10, 2015 in Automobile Accidents, Product Liability | 0 comments

If you have ever been in a vehicle when its brakes fail, you know how terrifying that experience can be. We put a lot of faith in our brake systems and expect them to work properly every time we need them. However, sometimes they don’t. When this happens the result can be anything from a good scare to a serious collision. Most often there are signs you can watch out for in order to have the proper repairs made to your car and prevent brake failure.

Every once in a while it is a good idea to turn the radio off and just listen to your vehicle. While it can’t speak to you directly, it can still let you know if something is wrong. If you hear any kind of strange sound when you brake, such as squealing, clicking, or grinding, it would be a good idea to have your brakes checked by a professional. It might be something small like just having to have the brake pads replaced, or it could be a more serious issue with the system itself. When in doubt, it doesn’t hurt just to have it checked.

When you’re driving, there is a lot of ‘feeling’ involved. You feel your car accelerate, decelerate, and if you have a standard, you can feel when you need to shift gears. If you pay attention to how your car feels you might be able to catch a brake issue before it is serious. If your wheel shakes when you brake, if it feels like it is pulling to one side or the other, or if you feel like your acceleration or deceleration isn’t like it used to be, have it checked. These could be signs of any number of issues that can lead to failure and serious injury.

However, sometimes you pay attention and have the repairs made but brake failure still occurs. According to the website of Pohl & Berk, sometimes it is not your fault but rather the manufacturer of either your car or the brake system. Every so often there are defects that can result in brake failure despite your dutiful care. Thankfully, these are small in number. If you pay attention to your brakes and have repairs made when necessary, you do not need to fear brake failure.

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How Drinking Alcohol Impairs Drivers

Posted by on Apr 14, 2015 in Automobile Accidents | 0 comments

Alcohol-impaired driving is a serious criminal offense. In Georgia, driving while under the influence (DUI) can lead to harsh penalties. Drivers caught driving while inebriated could end up having their licenses suspended or revoked, paying a significant amount in fines, as well as facing the possibility of jail time. Still, even with stringent punishment, drunk driving remains to be a prevalent problem across the state. According to the Governor’s Office of Highway Safety in Georgia, alcohol impairment is responsible for 23 percent of all the 1,223 car fatalities recorded in the 2011.

Similar to every state across America, Georgia drivers can be charged with a DUI if they exceed 0.08 percent blood alcohol content (BAC) mandated by federal law. However, according to the website of Atlanta truck accident lawyers from The Ausband Law Firm, this policy is adjusted for certain circumstances. Drivers operating vehicles for commercial use can’t exceed 0.04 percent BAC. Meanwhile, drivers below the legal drinking age of 21 are met with a strict zero tolerance policy.

Even with legally determined BAC requirements, drivers should still be aware of the fact that having alcohol in their systems can have effects on their ability to drive. As noted by the National Council on Alcoholism and Drug Dependent (NCADD), even a blood alcohol content of 0.02 percent can lead to a significant drop in awareness that’s necessary for operating vehicles. The following are just some of the particular ways alcohol can impair drivers at different BAC levels:

  • At 0.02 percent, drivers will typically experience relaxation and some loss of judgment that could lead to slight difficulty with visual functions and multitasking
  • At 0.05 percent, drivers will end up experiencing slower eye movements and reduced psychomotor coordination that could cause difficulty with operating the stirring wheel and processing visual stimulation.
  • At 0.08 percent, drivers will experience poor muscle coordination and difficulty with seeing, hearing, and talking. Their sense of balance and ability to respond to emergency situations will also be compromised.

Considering these scenarios, it’s easy to see why alcohol impaired driving is particularly dangerous. As such, drivers should be held accountable for reckless actions that could lead to another person’s injury or fatality. Aside from penalties provided by DUI laws, drunk driving in Georgia can also be subject to a personal injury lawsuit. Victims can pursue compensation for the physical, emotional, and psychological trauma that they’ve experienced. Consult with an attorney to learn more about possible legal avenues for accidents involving DUI charges.

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Preventing Injury in Building Fires

Posted by on Feb 3, 2015 in Personal Injury | 0 comments

Although it is hard to remain calm in life-threatening situations, following certain protocol can increase chances of survival. Fires cause serious burn injuries, and taking action before the fire occurs is a necessary step in prevention.

The website of the Sampson Law Firm emphasizes the trauma and pain a burn can inflict, and the many ways in which they can occur. Fires inside the home, workplace, or any other closed buildings are sources of detrimental injuries, and can be aided with the use of smoke alarms and escape plans.

If smoke alarms are functioning properly, they can reduce the chance of dying by 50%. They alert those in the building to the emergency so that everyone can hopefully get out before the fire reaches them. In the event of a defective smoke alarm in a work environment (out of batteries, muffled sound), any accidents that occur are not the responsibility of the victim. When accidents occur at the fault of another person’s failure to maintain the alarm, they can legally be held responsible.

Another crucial preventative action is the implementation of a fire escape plan. If occupants follow the plan, the evacuation will go quickly and reduce the chance of accidents from happening inside. Fires spread rapidly, and the quicker the building is evacuated, the less likely people will be hurt.

The familiar phrase “stop, drop, and roll” is always effective in fire situations. The air that is lowest to the ground is the least contaminated, and rolling out will put you at a further distance from a fire. Doing this can help prevent burns, or minimize them if the fire has already done damage.

The combination of functioning fire alarms and fire escape plans can decrease burn injuries exponentially. They alert occupants so they can react quickly to possible life-threatening situations, which saves lives from being caught in a rampant fire.

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Nursing Home Abuse in Massachusetts

Posted by on Oct 24, 2014 in Personal Injury | 0 comments

Nursing home abuse is said to be on the rise in Massachusetts, and this appears to be borne out by disturbing news about perpetrators actually videotaping themselves in their acts of abuse on their charges. Worse, they thought it was funny.

Two former employees of Emeritus at Farm Pond in Framingham, MA admitted that they recorded slapping and degrading at least two of the residents with Alzheimer’s disease in the assisted-living facility because they thought it was amusing. The two staff members were identified as 18-year-old Damaris Diaz and 25-year-old Samuel Ayekple.

Diaz and Ayekple took turns abusing first a partially naked 78-year-old female resident and then a 71-year-old male. The two were arrested when a report of the abuse reached the Framingham police department and have been arraigned for three counts of elderly assault and battery and two counts of videotaping a person in a state of nudity. Their trial is pending, but the families of the abused residents would do well to consult with a Massachusetts personal injury attorney about filing civil suits against these supposed caregivers.

Another report from a local news team investigated several nursing homes in Western Massachusetts and saw ample evidence of nursing home abuse and neglect including but not limited to improper storage of food, overmedication, inadequate grooming and poor hygiene of residents, unhealthy environments, and inadequate supervision of residents. This is a matter of grave concern for state regulators as well as residents who were horrified upon learning how the elderly were being treated in these facilities.

But nursing home abuse and neglect is hardly a new problem. It is estimated that one in three nursing homes have been cited for violating state codes regarding the care and well-being of their residents. It does not excuse it, but it is a strong indication that those who have relatives in such facilities should be vigilant about their situation.

If you suspect nursing home abuse or neglect of your elderly relative, do not hesitate to report it to the proper authorities for investigation. You may also want to consult with a nursing home abuse lawyer in the area to find out your legal rights and options.

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What Kind Of Lawyer Do You Need?

Posted by on Aug 29, 2014 in Personal Injury | 0 comments

These days, people turn to lawyers to help them with a variety of different legal issues. No matter what your reason is for needing a lawyer, finding the right one can be quite difficult. The following article has some great advice that will help you find a lawyer who has you in their best interest.

Try to avoid a lawyer that does not have a specific area of law they specialize in. There are lawyers all over that specialize in different fields of study. Hiring one of them will increase your chances of success since the person you hire will know exactly what they are doing once they step into the courtroom. Some lawyers have a focus on certain areas of law, like pharmaceutical litigation, and keep up with developments as they arise, such as the recent trend of Viagra melanoma lawsuits.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

A good tip if you’re thinking about hiring a lawyer is to not get swept away with just the costs alone. Deciding on the cheapest lawyer around isn’t always the best idea, and it can actually cost you more in the long run because they might not be very experienced.

Talk to others about finding a lawyer. Speak to your friends and family and see if they have suggestions. It will save you time and should help you get someone working on your case that much sooner.

People use lawyers for many different reasons. When you find the right one, he or she can make your life a whole lot easier. Make sure you implement the tips and tricks mentioned in the article above when you are conducting a search for an attorney. It is one decision you need to make right.

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Things That You Should Know On Planning Your Estate

Posted by on Apr 5, 2014 in Finance | 0 comments

Many lawyers know the importance of having a proper estate planning, but people are not really comfortable with talking about their death that they prefer to do their estate planning in a later time. However, even accomplishing the minimum would greatly provide relief and relieve guilt feelings (as well as saving loved ones future problems) when death does not. To have better understanding about estate planning, here are some tips that could help.

First, people should understand that writing a will is quite easy to do. There are information and self-help tips that can be found online that could guide you through the basics – generally put down the things that you want a certain person to inherit, and sign it in front of a witness, preferably a lawyer. It does not have to be stored in a special place, but make sure it is kept safe. Make sure your valuable properties – such as life insurance proceeds, real estate, cars, and retirement accounts – are given to those you choose to inherit them; otherwise your spouse is legally the one who will inherit the money you have in your 401(K) plan.

It is important to be specific with what you write on your will. Don’t leave vague statements that could cause hassles or arguments between your families. Make sure know leave family business in the right hands. Inform people who will inherit your properties that they don’t have to pay taxes for their inheritance, particularly federal estate taxes. If you are required to pay for federal estate taxes, then it’s best to consult a lawyer.

Most important thing to remember is that every decision is yours and yours alone. If you do not wish to leave anything to your spouse or children, you can put in your will that they will receive nothing from you. This will make it clear that you did not simply forget about them.

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Medical Uses of Risperdal

Posted by on Mar 15, 2014 in Defective Medication | 0 comments

Most people know that antipsychotic drugs help to manage the symptoms of behavior and affective disorders, but not how. Risperidone (brand name Risperdal) as an atypical (2nd generation) antipsychotic drug acts on the receptors of dopamine, serotonin, epinephrine, norepinephrine, and histamine. It is the initial treatment given to psychotic patients alone or in combination with other mood stabilizing drugs such lithium or valproic acid, depending on the type and seriousness of the disorder, and it is most efficacious when given in the short term.

Risperdal enjoyed immense popularity since it was first introduced in the market in 1993 because it was more effective than 1st generation antipsychotics and patients exhibited less extra pyramidal side effects (movement disorders). This last improvement is thought to be due to the repressive action of risperidone on 5-HT2A/2C (serotonin) receptors at low doses.

Several studies done regarding the effects of risperidone since it was first introduced showed that it is a relatively safe and effective treatment protocol for children and teenagers with schizophrenia and bipolar disorder. Schizophrenia is a neurodevelopmental disorder which is characterized by delusions, hallucinations, disordered speech and thought, and poor social and emotional responses. It often manifests in people during the end of adolescence or in early adulthood, and successful management of the disease is greatly improved when the disorder is caught prior to onset (prodromal). This reduces the disruption in development and lessens the severity of the condition.  Risperidone co-administered with cognitive behavior therapy was found to reduce psychotic conversion at the 6-month prodromal period.

Early intervention (prior to the first episode) is also said to reduce the symptoms and slow down the progression of bipolar disorder. Also typically presenting in late adolescence and early adulthood, bipolar disorder is distinguished by the extreme fluctuations in mood, energy and activity levels. It is considered a serious mental illness because it can significantly disrupt a person’s ability to function.

While risperidone appears to be an effective short-term solution for controlling a wide array of symptoms of mental disease, recent events regarding serious side effects of the drug and subsequent litigation has prompted warnings regarding its use. Ongoing clinical trials and safety regulations are in place to address these issues, which will hopefully result in effective guidelines for safe administration, especially for the most affected populations.

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