A Drunk Driver Operating an 18-Wheeler: Is There Anything More Deadly?

By on 5-06-2014 in Uncategorized

According to the National Transportation Safety Board (NTSB), use of alcohol and drugs by truck drivers is the second major reason behind truck accidents. Despite the threats displayed by a truck (which comes from its enormous size and great weight), no driver of smaller vehicle would consider the possibility that it is being driven by a sleepy or alcohol-impaired driver. Yet, data show that, prior to accidents, many drivers were, indeed, intoxicated and impaired due to alcohol.

Under the law, those operating a commercial vehicle, such as trucks, buses and, especially, Class 8 trucks (these are trucks with a GWVR exceeding 33000 lb, like big-rigs, also called semi-trailers), should observe a higher standard where alcohol intoxication limit is the issue. Thus, compared to the 0.08% blood alcohol concentration (BAC) limit imposed on drivers of smaller vehicles (cars, SUVs, pick-ups), the BAC limit on drivers of commercial vehicles is 0.04%. Anyone caught driving with this BAC level can be charged with driving under the influence (DUI). This 0.04% BAC lmit, however, is not the only thing that big-rig drivers should worry about because drivers who are found to have a 0.02% BAC can also be suspended from driving for about 24 hours, while those who will register a 0.08%, even when off-duty, may still be charged with a DUI.

Many of big rig drivers are paid by the mile (about .40 cents per mile, which is below average); thus, the more “legitimate” miles they are able to cover, the higher pay they will get (so long as they do not get lost or make detours for a quick pass at home or anywhere else). To cover more miles, however, they will need to stay awake and alert. Now, many drivers try to accomplish these either by driving longer than the federal mandate allows, or by drinking alcohol or taking drugs. However, the only results these two acts will lead to are sleepiness and fatigue, and impairment.

It is the duty and responsibility of drivers to always stay sober when operating their trucks. Even the slightest impairment can lessen their ability to safely operate the huge and dangerous vehicles that they drive and put lives in danger. Thus, any act in violation of the laws against drunk driving can make them face serious criminal chargers, harsh penalties, and civil liabilities for injuries their drunkenness might cause.

Personal injury lawyers from the Sampson Law Firm say on their website that victims of truck accidents, especially if it was caused by a truck driver who was sleepy or drunk, should not pay for the costs of their accident. Paying for whatever damages and losses victims suffer from should be the duty, if not of the driver, then by the trucking firm that employed him or her.

Lawsuits and Car Accidents

By on 5-06-2014 in Uncategorized

Car accidents are unfortunately a standard event in main roads and our routes. Although we do our best to avert accidents and keep ourselves and loved ones secure, there are many other drivers with reckless and aggressive driving behaviors that may endanger both people and other motorists. According to the website of the Milwaukee personal injury attorneys of Habush Habush & Rottier S.C. ®, negligent or deliberately dangerous driving behaviors that led to injuries and accidents can be taken to court. Personal injury lawsuits in addition to other criminal costs could be taken contrary to the driver at fault, and ourselves and loved will be requested to offer recompense for each of the damages due to the accident, whether or not they’re from lost wages, medical expenses, and other harms.

Being wrapped up in a car crash could be both confusing and terrifying since there are many queries which should be replied things that are and to look after. Vehicle mishaps in addition to insurance coverage can differ from state to state, so employing an attorney who knows the laws regarding these may make personal injury lawsuits run more smoothly.

When there is an individual injury litigation filed against a person responsible for the accident, the insurance provider generally gives the settlement that the at-fault driver is in contract with. The insurer is going to be the one that may spend for all of the damages especially if the person at fault has a comprehensive coverage, listed in the complaint. However, there are instances where the person who caused the accident is either under-insured or uninsured, and issues are frequently posed by this when getting reparation.

With the help of your attorney, you should provide a notice for your own personal insurance provider concerning the car incident you have been involved with, and also this correspondence should inform your insurance company of your intent to apply for a claim that is uninsured. It’s vital because so many several insurance companies have strict deadlines regarding filing for claims that are uninsured, that this notice is sent by you immediately. Whether the person at fault doesn’t have insurance, or doesn’t supply any advice on their insurance, or you might have difficulties acquiring insurance information in just about any manner possible, then it could be wise to distribute a notice to your own insurance provider concerning the submitting of an uninsured claim.

Alternatively, filing a claim against an under-insured motorist may call for more attempt, and also would simply take a longer period to progress. This is because some traumas can take the time to learn the extent of treatment and drug; once your attorney and you have confirmed that the degree of injuries and harms is more in relation to the other motorist’s liability protection, then it would be safe to inform your insurance company about submitting for an underinsured claim.

The entire process of filing for an uninsured or underinsured automobile crash state is more or less as filing for absolutely any injury claim, the same; nevertheless rather than filing from another driver’s insurer, they will be submitting against your personal insurance company. Trials, a disclosure of experience reports and health records, investigation, and evidence and recommendations will undoubtedly be performed, but what every motorist should remember is that when a resolution isn’t reached or agreed-upon, you don’t have the power to sue the insurance company.

Deep Vein Thrombosis: Information

By on 5-06-2014 in Uncategorized

Deep vein thrombosis, sometimes shortened to DVT in the medical community, is a condition where in a blood clot abnormally occurs in a deep vein, usually affecting the muscles of a patient’s leg. Patients with DVT will often experience pain and swelling in the affected area, although some might not feel noticeable symptoms at first.

The real danger of DVT is that it can lead to life-threatening complications. One particular concern with DVT is pulmonary embolism, which happens when blood clots travel to and block one or more arteries in the lungs. When DVT leads to pulmonary embolism, it’s crucial that patients catch the early warning signs and seek treatment right away. Some of the symptoms that could point to the onset of such a complication include sudden shortness of one’s breath, chest pains that worsens when coughing or taking a deep breath, lightheadedness and fainting, coughing up blood, and having a rapid pulse.

There are several reasons why certain patients are more at-risk of developing deep vein thrombosis. Sometimes, these factors involve genetics. Patients that inherit a blood-clotting disorder are more likely to develop DVT that can lead to other complications. Other factors include prolonged bed rest or hospital stay, pregnancy, and birth control pills. DVT is also more common in patients that have undergone surgery, particularly those who had a hip or knee replacement procedure. For this particular scenario, the Food and Drug Administration approved an anti-coagulant drug called Xarelto meant to address the problem.

While Xarelto and other brands of new generation blood thinning medication have proven effective for preventing deep vein thrombosis, there are still some concerns surrounding the safety of such drugs. The website of Williams and Kherkher Law points out several reported cases of patients suffering from adverse side effects caused by taking Xarelto. In particular, concerns of developing gastrointestinal bleeding and brain hemorrhaging have been raised. As a result, patients prescribed with the drug for DVT prevention are advised to dialogue with their physicians regarding these issues.

What are Anticoagulants?

By on 5-06-2014 in Uncategorized

Anticoagulants are blood thinners that doctors prescribe to patients in order to decrease the risk of blood clots. Blood clots around the heart, lungs, and brain can cause serious or life-threatening injuries such as heart attacks, pulmonary embolisms, and strokes. The anticoagulant works to prevent these medical conditions from occurring by increasing blood flow through arteries, veins, and the heart while preventing any existing clots from growing.

Popular anticoagulant drugs on the market include Warfarin, Heparin, and Xarelto. These medications have strict guidelines their patients must follow in order to reduce the risk of bleeding incidents, a common side effect of blood thinners. These include consulting a physician before taking other medications, pain relievers, vitamins, and antibiotics. Warfarin and Heparin require regularly scheduled blood tests and physician’s visits in order to monitor the levels of the drugs in the blood system. These precautions are necessary in order to prevent the consequences of a fatal bleed occurring.

Xarelto, however, does not have mandatory blood tests for its patients, appealing to many people that do not want the hassle of frequently visiting a doctor. Unfortunately, Xarelto is responsible for a number of deaths and severe bleeding incidents that may have been prevented had regular blood tests been required.

Possible symptoms that a bleeding incident may be occurring due to an anticoagulant or antiplatelet agent include orange or red urine, blood in the stool, excessive bleeding during a woman’s period, weakness, or persistent head and stomach pain. According to the website of a lawyer from Williams Kherkher, gastrointestinal bleeding and brain hemorrhaging are likely risks of defective anticoagulants.

Negligent drug manufacturers should be held responsible for the pain and suffering their faulty medication causes. If you or a loved one experienced extreme bleeding while taking Xarelto, contact a Xarelto attorney to discuss the possible compensation you may be entitled to.

Truck Accidents and Their Consequences

By on 5-06-2014 in Uncategorized

It is mandated by law that every driver on the road drive responsibly in order to protect not only themselves but also others as well. This is not always followed, however, as there will always be people who believe themselves to be at a position higher than the law. These people can be the cause of some pretty serious car accidents, which is why the law takes these sorts of incidents so seriously. Truck drivers are given an even bigger responsibility due to the nature of the load they bear – which is, quite literally, 2000% more mass than a regular vehicle. Ergo, if the driver is proven to have been criminally negligent or reckless in anyway and caused an accident, the victim is warranted to take legal action immediately.

There are quite a few intricacies regarding truck accidents that you could find on an 18-wheeler lawyer website. Due to the nature of these vehicles, truck accidents are usually accompanied by additional federal laws and warrant additional investigation and actions. If the driver of the truck that caused the accident was not certified nor qualified to drive the truck, the trucking company who hired the driver in question will then be liable for negligence. It is the responsibility of these people and these corporations to ensure only the best possible maintenance and operations in order for their employees and the surrounding civilians to be safe and secure. Failure to adhere to these standards of quality is liable under criminal law as well as civil law.

If you or someone you know has been the victim of a truck accident, it is recommended that you contact legal assistance immediately. Accidents of this nature often require medical assistance that might amount to surgery or life-long medication, that the driver or company responsible should be accountable for. It might be quite an intimidating prospect – to go against a corporation legally, due to the resources they undoubtedly have – but you have a right to claim compensation for the damages sustained due to negligence.

You’d Think They’d Learned by Now

By on 5-06-2014 in Uncategorized

Being arrested for drinking while intoxicated (DWI) is not uncommon despite the stringent penalties imposed under Texas law but some people are just beyond learning. Multiple arrests for DWI may seem like carrying stupid too far even for a confirmed alcoholic, but the big question is why these people still have access to vehicles.

Under Texas law, an adult (over 21) driver with no prior DWI arrest that scores more than the legal limit of 0.08 on a standard breathalyzer test or refuses to take the test has his or her license confiscated immediately and a temporary permit granted for 15 days. The driver may challenge the confiscation during this time and win, failure to do so resulting in the suspension of the license for 90 days to one year if convicted. First-time offenders convicted of DWI are put in jail for a minimum of 72 hours plus a fine of not more than $2,000 provided that no one was hurt because of the DWI. Subsequent arrests involve escalating prison and financial sanctions as well as license revocation and ignition interlock requirements. That should keep them from driving, right?

And yet there are people who are not only arrested 7 to 8 times for DWI but convicted. You’d think they would have learned by now that if they can’t leave the drink alone, they shouldn’t drive, but apparently not. It makes you wonder how they learned to drive at all. One man convicted for his 7th DWI was finally sentenced to 99 years in prison; another man had one more chance, being sentenced to life after his 8th DWI.

These are lost-cause cases, but you don’t have to go that road. If you are arrested for DWI for the first time, don’t think you can get off on your own. Have a competent DWI lawyer represent your case and protect your rights. If this is not your first time in DWI court, you need an experienced Austin criminal defense attorney even more to avoid being bulldozed.

Are You Seeking The Services Of A Lawyer? Check Out These Helpful Tips!

By on 5-06-2014 in Uncategorized

Dealing with lawyers can be a scary, somewhat intimidating experience for many people. The fact is, however, that by acquiring a little bit of education on the subject, you really can feel confident and knowledgeable the next time you need to seek legal advice. Keep reading to get the foundation you need to proceed.

Stay as organized as possible when you are working with a lawyer. This means that you should have all of the documentation in relation to your case on hand at all times. If you are unorganized, your lawyer can lose valuable time planning a strategy for your case, which may result in a loss.

You and your lawyer need to work together to come up with a regular time that you two can touch base. Lots of attorneys work for clients without speaking to them for a while. To avoid this kind of problem, develop a schedule in advance.

If you already have a great lawyer, ask them for advice. They can either tell you that they can take on your case, or point you in the direction of a lawyer who will help you out. When you already have a lawyer you trust, there is no reason to search out advice elsewhere.

It is certainly the case for many individuals that communicating with lawyers is no simple task. The truth, however, is that if you spend a little time learning about what makes for a good lawyer and how you can deal effectively with those in the legal profession, you can build a mutually beneficial relationship. With any luck, you now have sufficient knowledge to move ahead comfortably.

What You Need To Know When Dealing With A Personal Injury Situation

By on 5-06-2014 in Uncategorized

Personal injuries can negatively affect your life in a tremendous amount of ways. When this happens to you, find a great lawyer. Keep on reading to learn how to increase your chance for success.

You want to write everything down in detail following an accident. Be sure to note cuts, scrapes, bruises, broken bones and so on. Do not forget to write down the list of bruises and bumps you get. Write down any mental problems you face later on as well.

What a personal injury case boils down to is who was careless in causing the accident. That is the person who will end up paying the bills of the other injured party. Legal liability tends to fall onto the lap of anyone driving recklessly, or someone who didn’t fix a problem which caused the injury of another.

If you are contacted by an insurance company that claims it needs to take a statement for their investigations, refuse to say anything to them. The best thing to do in this situation is to give them the name of your attorney and tell them to call him if they have any questions or concerns.

Examine all forms closely before filing to avoid potential delays. One typo or incorrectly filled out area of a form can have an impact on your case. Read all documents thoroughly, including the fine print, before letting them out of your hands. Check that all names are correctly spelled, and all dates are accurate. Make sure you also keep copies of every document for yourself.

When someone else is at fault for your injury, your life may be hugely impacted. Consequently, you must choose your attorney wisely and follow any instructions needed to achieve success. Hopefully, you now have enough information to proceed down a successful path.

Protect Your Personal Injury Interests

By on 5-06-2014 in Uncategorized

If you have been the victim of a serious personal injury, you know that going to court is inevitable. However, choosing the right attorney at law to plead your case is important, among many other things. In order to find success with your case, stay on top of things by reading the tips in the article below.

If you believe you may have grounds for a personal injury case, see a physician immediately. Get a copy of your medical records if you are involved in pharmaceutical injuries like lowtestosterone.upn53.com.  It’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Do not just take a personal injury lawyer’s word for it when it comes to their record. Talk to some of their clients, and ask the lawyer for a written record of their practice. This will give you a good idea as to how often this lawyer wins and what type of money he is used to dealing with.

During your initial consultation with your personal injury lawyer, check to see how organized he is. This is important because you will want someone who is on top of their game to represent you. Small personality traits like this can make all the difference when the lawyer is making your case in court.

If you find a lawyer who’s ego is larger than the bill they plan to charge you, run the other way. Egotistic blowhards aren’t enjoyable anywhere, and that is especially true in court. You don’t want to anger a judge or jury because your lawyer is arrogant and rude to the court.

When you are in a car accident, you need to make sure you have the correct identity of the other person involved. Make sure they show you their drivers license. This should be in the police report, but make sure that the officer on the scene gets this information to you as well.

Cooperation and communication are key when hiring any type of lawyer. Do not work with someone that you don’t feel is listening to you. In addition, if the lawyer will not sign a retainer agreement, you should move on to someone else. This agreement is what outlines how much their services will cost you, and it is important to have that detail settled as soon as possible.

As you can see, no case is black and white. When you have been the victim of a personal injury, it is important that you are properly compensated. This article has discussed many of the things you need to know about the topic of personal injury in order to win your case!

Workman’s Compensation – A Legal Right of Workers Injured in the Job

By on 5-06-2014 in Uncategorized

Prior to the passing of the Workers’ Compensation Insurance Benefit law in 1908, workers who got injured during the performance of their job, or who developed an illness due to exposure to hazardous chemicals in the workplace, had to sue their employers just to avail of financial assistance that will help them pay medical treatment and which would sustain their family’s daily needs due to the loss of capacity to earn wages.

Not only did such legal cases destroy whatever good relationship existed between the worker and the employer, but employers also often won cases by using three strong arguments:

  • Contributory Negligence – the accident happened, and the injury was sustained by the worker, due to his/her own negligence, recklessness or carelessness
  • The Fellow Worker Rule – the accident was due to another worker’s negligent acts and that the employer had nothing to do with it
  • Assumption of Risk – the job naturally entailed dangers of sustaining injuries, a fact the worker knew and consented to when he/she accepted the job

Though some cases were won by injured workers, this did really favor them as the financial assistance was either delayed or the amount was far smaller than what they actually needed. The 1908 Workers’ Compensation Law, an insurance program that was intended to provide immediate financial assistance to injured workers changed totally their predicament. This Workers’ Compensation Insurance Benefit covered medical treatment, lost wages, vocational rehabilitation and death.

The benefit does not take into account through whose fault the injury was sustained; the amount the worker is legally entitled to cannot be reduced also even if the injury was sustained due to the injured worker’s own negligence. And since the granting of the benefit is not dependent on the employer’s financial capability, any worker, who qualifies to receive it, is assured of this benefit.