Driving will always involve significant risks. As the lawyers of Pohl & Berk LLP have said on their website, vehicular accidents are one of the most common causes of injury and death in the country. Because of this, drivers are enjoined to keep the roads safe by practicing prescribed safety measure. Through everyone’s best efforts, we can help curb the alarming number of cases in the U.S.
Unfortunately, there are moments when such precautions are completely ignored by reckless individuals. People who insist on driving even when they are drunk are causing preventable accidents that often lead to devastating outcomes.
As gathered by the National Highway Traffic Safety Administration, alcohol-impaired driving has caused more than 10,000 deaths in the year 2012. While there are certain laws and policies in place to prevent such fatalities from occurring again and again, alcohol impaired-driving remains a pressing issue that needs to be prioritized and solved.
Thankfully, the recent years saw significant strides in punishing incidents of driving while under the influence (DUI) and driving while intoxicated (DWI). For one, several states have implemented stricter policies to make sure perpetrators are immediately apprehended on the road. Among these policies are sobriety checkpoints, where officers check for blood alcohol concentration (BAC) levels in drivers. Across the country, 0.08 percent is the legal BAC level for private individuals. Commercial drivers are limited to 0.04 percent. Meanwhile, individuals under the age of 21 should not be caught driving with any trace of alcohol at all. Another of the government’s efforts is the increase of police visibility during holidays and other big events when alcohol-impaired driving will usually spike. While penalties may differ in certain areas, DUI and DWI offenses can be serious. First time offenders might get their licenses suspended.
Drunk driving can only be prevented if individuals are willing to be accountable and take responsibility for their actions. A personal injury lawyer in Nashville will probably inform you that if you have been injured by someone who was driving while intoxicated or under the influence, you can take legal action to ensure swift justice and just compensation. Because penalties and regulations differ from state to state, the options you have will depend on the area you’re in.
Bone fractures sound painful, but most people do not consider them dangerous. In general, bone fractures do heal with little or no trouble when treated properly although it can be uncomfortable and inconvenient, depending on the area involved.
However, complications can occur, especially with traumatic fractures which result from sudden and forceful collision with a hard object such as the ground or vehicle, physical altercation, or other stressful forces. One of these is infections.
There are two broad types of bone fractures: open and closed. Traumatic fractures are often open fractures because an external force is brought to bear upon the bone, often involving soft tissue damage and skin rupture. According to the website from Denver lawyers Hull & Zimmerman, P.C., open fractures can easily get infected, which can lead to adult respiratory distress syndrome. Moreover, open fractures can also mean considerable blood loss, which can cause the patient to go into hypovolaemic shock.
Another complication associated with traumatic fractures to long bones is fat embolism syndrome, which develops shortly after the event and is nearly always fatal although it is asymptomatic. Damage to the joints, muscle, blood vessels and soft tissue are also common and problematic, although not usually fatal except when the event involves crushing skeletal muscle injury, which can lead to Bywaters’ syndrome. Prolonged inactivity due to multiple traumatic fractures may also lead to deep vein thrombosis.
Bone fractures can lead to serious medical and health problems even with proper care. The potential for complications increases with age and comorbid medical conditions, although traumatic fractures can have grave consequences to anyone, depending on the type, location and severity of the fracture. If you or a family member sustained one or more bone fractures as a result of the negligent act of a third party, compensation may be forthcoming. Consult with a bone fracture lawyer in your area to get an accurate assessment of your legal options.
There are hundreds of medications against which the US Food and Drug Administration has issued a Black Box Warning – the strongest warning that this branch of US government can issue due to the drugs’ proven life-threatening effects. One of the drugs that have been issued this particular warning is Avandia, also known as Rosiglitazone, which the FDA approved in 1999 and which was once GlaxoSmithKline’s (formerly SmithKlineBeecham Corporation, before its merger with Glaxo Wellcome) second most sold product.
Avandia or Rosiglitazone is recommended to patients suffering from Type II diabetes, a chronic illness wherein the body fails to control the level of sugar in the blood; this sugar, or glucose, is the body’s key source of energy. Glaxo has also produced Avandia in combination with other drugs. Thus, there is Avandaryl, where Rosiglitazone is combined with glimepiride, and Avandamet, the combination of Rosiglitazone and metformin.
Due to the risk of serious side-effects, specifically heart diseases that can lead to death, the FDA, in February of 2011, required the inclusion of the cardiovascular risks and risk of heart attack on the drug’s patient Medication Guide and physician labeling. This was actually preceded by the agency’s announcement in September 2010 that it will strictly restrict the prescription and use of the drug (and all Avandia–containing drugs) by Type 2 diabetes patients.
The known minor and life-threatening side-effects related to Avandia are back pain, blurred vision, osteoporosis, severe allergic reaction, bone fractures, hyperflycemia, myocardial ischemia, stroke and heart attack.
The National Injury Law Center, which continues to answer hundreds of patients with their questions on bad medications and harmful medical procedures, as well as help them in their legal actions against manufacturers or liable individuals, states in an article posted in their website that fluid retention, which can very well result or aggravate congestive heart failure (wherein the heart fails to supply sufficient blood to different body parts), is another severe effect of Rosiglitazone.
Glaxo’s decision not to warn the public of Avandia’s side-effects, due mainly to its contention that its product does not increase risk of heart attack, is a clear indication of negligence. This is enough to hold the company fully accountable to all the severe effects and deaths caused by Avandia.
The four story building sat in a gutted state, right next to a Salvation Army thrift store location. When it collapsed at around 10:45, it fell into the thrift store, killing some of the people inside.
Fire fighters worked through the night to pull up debris and search for survivors in the wreckage. Their efforts uncovered what is believed to be the last missing person from the collapse a few minutes before midnight.
Philadelphia residents claim the work being done on the abandoned building was poor, but did not appear to be in violation of any building codes. The collapse is also being investigated by the Occupation Safety and Health Administration.
Trucks have an obligation to secure their cargo in a way the prevents it from being dislodged or being flung out and causing damage to other vehicles or becoming roadway hazards that can result in serious car accidents.
However, sometimes trucks have signs posted on their rears that caution drivers to keep their distance while claiming they are not responsible for damage to other cars caused by debris falling from their cargo loads. Can they actually absolve themselves from liability by simply stating they aren’t responsible for the damage they cause?
Put bluntly, no, they cannot. It is a trucker’s legal obligation to secure his or her cargo in a way that will prevent debris from leaving the hold. Even dump trucks that are hauling rocks should be adequately covered by a tarp of some kind to keep debris from escaping and damaging other vehicles. Stating they are not responsible for their failure to secure their cargo does not mean they are legally removed from their obligation to secure their load.
If your vehicle was damaged by debris flying from a truck, the truck’s owner is responsible for the damage, regardless of any signage that might be on the vehicle. Nevertheless, keeping distance from these trucks is a good practice since it reduces the risk that something will actually hit your car.
Last month, a gigantic explosion rocked the small town of West, Texas. A local fertilizer plant blew up, killing 14 people. Hundreds were injured as the force of the blast destroyed homes. The explosion left behind a 90-foot-wide crater and could be felt as far away as Dallas.
New insights into the blast’s nature indicate that it might have been the result of ammonium nitrate that was ignited by a fire that was raging at the plant when the explosion occurred. Ammonium nitrate has nitrogen ions that are easily absorbed by plants as nutrients, but the substance is also commonly used as an ingredient in explosives.
Ammonium nitrate does not blow up on its own and typically has to be exposed to some other chemical for a reaction to occur. Due to what appears to be a combination of poor record keeping and lax regulation, investigators are unsure how much ammonium nitrate was present on the site.
The Federal Emergency Management Agency has been giving displaced citizens hotel vouchers, but the town will have to wait a little longer for answers into exactly what happened.
One of the most important aspects of a legal case is the ability of either side to prove its points. The only way to really do this with the level of certainty required by the court is to provide evidence that supports the claims you are making.
Just about anything can be evidence as long as it follows certain rules of admissibility set out by federal or state law.
Evidence can fall into four categories. Real evidence is any physical object that is directly involved with the case, such as a murder weapon. Documentary evidence, which is a kind of real evidence, is a document that contains relevant information about the case, such as a business contract in a contract dispute. Demonstrative evidence is something created for the case to help better illustrate the facts to the jury, such as a chart that shows a person’s spending in a bankruptcy suit. Lastly, testimonial evidence is the words of someone who has some kind of special knowledge about the case, such as witnesses of a crime or experts in certain fields whose opinions can clear up misconceptions.
Using abundant evidence to support your case while hampering the opposing side’s is crucial to a successful lawsuit.
The aftermath of an automobile accident can leave you shaking, stressed out, and sacred. Not only are you concerned with your own safety, but also the safety of anyone else in your vehicle and the driver of the other car. And while the moments following an accident may seem like a blur, it is important that you focus, stay calm, and respond appropriately.
By having a plan and knowing how to respond after an accident, you can avoid a number of potentially serious mistakes that could hurt your chances of recovering financial compensation from your insurance company or the other driver’s insurance company through a civil lawsuit.
If you are involved in a car accident, you should respond the following way:
By following these simple steps you can be proactive in getting the financial compensation you need to pay for car repair bills and medical expenses.
A medical malpractice case has made its way to the Supreme Court, and the outcome of the case could have substantial implications for medical malpractice victims’ ability to receive the compensation they are owed following a successful settlement of their case. The case involves Emily Armstrong and her parents, who successfully sued the doctor who delivered Emily and the institution at which he worked for medical malpractice after a difficult delivery left Emily with a debilitating case of cerebral palsy. The doctor had a history of prescription-drug abuse, and he was forced to surrender his license mere months after the botched delivery occurred.
As a result of the injuries sustained during childbirth, Emily was rendered unable to walk, talk, see, or speak, and state officials estimate that nearly $2 million has already been spent in state Medicaid funds in order to provide her with the care she needs. As a result, the state placed a lien on a portion of the malpractice settlement in order to recoup some of the costs of its care. However, the family is challenging the legality of this law, claiming that it conflicts with federal laws prohibiting states from placing liens on the property of Medicaid beneficiaries for their care.
The family has hired a medical malpractice attorney with experience at the state level, and the case will soon be decided by the court. The outcome could have substantial consequences for the ability of families throughout the country to receive the full amounts of settlements decided by state courts.
Injuries that arise as a consequence of someone else’s actions, should not be the responsibility of the injured party. A San Diego personal injury lawyer could help a patient who was hurt because of a medical mistake recover damages for his or her injury.
The aftermath of a car accident can leave you with a number of physical and emotional injuries, but it can also cause serious financial damage. Depending on the severity of your accident, you may be facing vehicle repair bills, medical expenses, lost wages, and a number of other expenses. These can quickly add up and may cause serious financial struggle and even bankruptcy.
Following an accident, you make a number of calls. Along with calling emergency crews, your family and friends, and possibly even a personal injury lawyer, you will also have to call your insurance company to file an accident report. Dealing with all of these individuals can be a very complicated and stressful time, especially if you have never been in an accident before.
You need to contact your insurance company so you can recover financial benefits to help pay for the damages you suffer as a result of your accident. Before speaking with your insurance company, it is important that you know what you should and should not say to your insurance company to increase your chances at recovering financial benefits.
When speaking with your insurance agent, avoid the following phrases: