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DUI Felony

Posted by on 1:43 pm in Drunk Driving | 0 comments

Drunk-driving or impaired driving due to alcohol is the cause of at least 10,000 fatal car crashes in the U.S. which number to more than 32,000 every year. In 2010, the US Department of Transportation‘s Bureau of Transportation Statistics registered 13,365 fatal car accidents, while the number of those arrested for driving under the influence of alcohol or illegal drugs or both, reached 1.4 million.

In all U.S. states, driving with a 0.08% (or higher) blood alcohol concentration (BAC) level is considered a crime. Though a first offense DUI is usually treated as only a misdemeanor (a more serious offense, though, if the alcohol-impaired driver injures or kills someone, of if his or her BAC level is higher than the 0.08% limit), a Nashville criminal defense attorneys of Horst Law explains how it still can change your life, as it can result to the suspension of your license which, in turn, can lead to many other inconveniences for you, plus the fact that your driving history is marred with a traffic offense.

Many federal and state authorities are determined and zealous in catching violators of the anti-drunk driving law, thus, they are sharp and focused on observing any signs of drunk-driving, such as braking erratically, driving too slowly, swerving, stopping for no apparent reason or zig-zagging across the road. For the same end, they set up sobriety checkpoints to check on alcohol-impaired drivers as well as measure their BAC level.

A DUI felony is punished with costly fines and at least one year jail time. In some states, a felony leads to other heavy sentences, such as:

Mandatory installation of an Ignition interlock, which is a device that will prevent a vehicle from starting if it detects in the driver a BAC level that is higher than what is considered a safe level (about 0.02%);

Administrative license suspension (ALS), a law that gives law enforcers the authority to confiscate a driver’s license if the driver fails a chemical test. This can last for 90 days – 180 days, during which driving privileges may be limited to/from work;

Open container law. This law, which is administered by the Federal Highway Administration (FHWA) and the he National Highway Traffic Safety Administration (NHTSA), requires states to prohibit the possession of open alcohol beverage containers, as well as the consumption of an alcoholic beverage, in the passenger area of a motor vehicle on public highways.

Understand just how serious a DUI charge is should make a person think twice before sitting behind the wheel after consuming alcohol. However, there are just instances when impairment gets the better of a driver. It will require a seasoned felony DUI attorney if you get charged with a
DUI offense, more so if the charge is a felony.

The Lowdown on Car Insurance for Bad Credit

Posted by on 5:59 pm in Car Insurance | 0 comments

Just because you have a bad credit score does not mean you cannot apply for car insurance. According to the website of Wausau, WI car accident attorneys, people with bad record can still qualify for car insurance by simply researching their options. When getting a credit card, leasing a car, or obtaining a home loan, you very well know that the credit score can have a huge impact on your chances of getting approved. As far as credit companies and car insurance providers are concerned, they use different methods in computing car insurance scores.

Car insurance companies use credit-based insurance scores and not credit scores. Credit-based insurance scores does not have a huge impact on your job, income history or other personal information. The data is used by car insurance companies to help determine the possibility of a future insurance claim.

Credit scores, on the other hand, are determined from information from the credit report and are used by lending firms to determine the capability of a borrower or lender to promptly repay a loan. For auto insurance providers, credit-based insurance scores are used for determining the eligibility of payment plans as well as insurance rates. They then combine this with the borrower’s driving record. This means that even if you scored high on the credit score but with an atrocious driving record, it is still possible for you to be considered a risky borrower.

So why do car insurance companies used credit-based insurance scores than credit scores? A 2003 study conducted by The University of Texas revealed that people with lower credit scores had the tendency to incur more car insurance losses and higher claims payout thus making them more riskier to auto insurance companies.

In another study this time conducted by the Federal Trade Commission, it was revealed that credit-based scores proved to be more effective predictors of risks. Since it was more sensible to use credit-based insurance scores, car insurance companies opted to use this method for determining risks and insurance premiums.

Have You Been Hurt by a Drunk Driver?

Posted by on 1:13 am in Drunk Driving | 0 comments

Unexpected injuries that happen are not easy to encounter, no matter what, evermore difficult is what they cost the victims along the way. However, according to the site of the Hankey Law Office, P.C., it is a lot more painful when the accident could have been avoided such is the situation against an allegation of drinking and driving.

In the U.S., any individual below the age of 21 who’s driving with any amount of alcohol inside their program will be found guilty of Driving Under the Influence (DUI). Anyone over age 21, however, will probably be pushed with Driving While Impaired (DWI) charges when they’re found driving with a blood alcohol level that exceeds the legally allowable percentage (.08). Should you or your loved ones have endured any harm or material damage as a result of some other party’s selfish recklessness, as is the case of those who drive while drunk, then you’re justified to pursue lawful options to be able to receive compensation that is a result of you.

In the event that you are the victim of an accident via drunk driving, you then could receive settlement financially, for the damage completed, in addition to protection for doctor’s bills that result in the accident. Lost wages that result in the event also can be accounted for by the culprit. If the accident has triggered the worst method that is possible, the accused will also be prone to be in charge of wrongful-death. There can be relaxation discovered in the justice that comes from seeking legal aid though there is nothing that might actually soften the blow of this type of loss and even calm the injury sustained from such a scenario.

There are penalties that people who perform such reckless, heinous acts that jeopardize other people should spend. You have the possibility to push charges and get compensation, in case you are the victim.

Safety First: Why Car Insurance is Important for All Motorists

Posted by on 1:51 pm in Truck and Auto Accidents | 0 comments

In America, the risk of facing a car accident continues to be a disturbing part of a motorist’s reality. According to the United States Census Bureau, the period from 2005 to 2009 saw an average of 10.54 million traffic crashes every year. While most of these reported accidents resulted in only minor collisions, it’s still important to note that some of these accidents also resulted in serious injuries and fatalities that could have otherwise been easily prevented. Motorists should keep in mind that they face certain risks. Taking measures to ensure that these risks are mitigated and addressed is a necessary step for all drivers.

These safety nets are crucial because of the long-term consequences that car accidents can leave in its wake. In the aftermath, car accident victims can expect to deal with costly medical treatments, as well as some significant damage to their property. For more serious collisions, victims will also need to take time off from their jobs in order to focus on their recovery. This can cause an already expensive situation to become even more troubling, as they will have to deal with losing their primary source of income as well. This is where car insurance comes in. Setting up safety nets such as a reliable car insurance policy can do a lot to help victims regain some semblance of stability as they deal with the aftermath of their accident.

Across the nation, most states require motorists to have some form of car insurance policy before being awarded driving privileges. The law mandates such a requirement because having car insurance or liability coverage is important to traffic safety. Should an accident occur and the worst happens, an insurance policy ensures that the individuals involved in the incident will receive the financial assistance they need to cover injuries and damages they incur. Victims can rest assured they will have the compensation they need, while the party at fault will be able to cover these expenses without much worry.

The secret to setting up the most reliable safety net for such accidents is to find the best type of car insurance policy that works for your given situation. Car insurance is typically covered through monthly payments called premiums. Depending on your current needs and budget, you may opt for policies with higher premiums that give you more flexibility in case an accident does occur. According to Habush Habush & Rottier S.C.®, it’s best to consult with a reputable insurance company to know which exact policies would work best for your needs.

Toxic Molds often Product of Building Neglect

Posted by on 10:39 am in Injury Law | 0 comments

Many renters or tenants worry about a lot of things regarding their homes, and among the newest and growing concern is mold infestation. Toxic molds have lead to a rising number of personal injury claims across the United States, and despite the many misconceptions of the definitions of mold and their risks, if you believe that you have a toxic mold infestation you have the responsibility of contacting the property owner to schedule a mold remediation.

Molds are naturally occurring inside or outside a damp, humid, and wet environment. Although there are just a minute number of molds that are considered “toxic”, if molds are at a high concentration in a certain space, they can cause serious health risks and should be removed immediately. Among the health risks that people can get from molds are rashes, asthma, chronic fatigue, cognitive loss, and hemorrhages. The property owner has the responsibility of ensuring the safety of his or her tenants, and if they choose to neglect this duty they can be held liable for their actions (or inactions).

Information about molds and the hazards that they can give are practically everywhere, but a lot of misconceptions are also being shared. This is the reason why many people fear any type of mold in their house or property is a health risk. Molds are very common in places with high humidity, such as California, Texas and southern states, but this does not mean other places are mold-free.

It can be tricky to determine whether molds that are growing in your property are a health hazard or not, and only an expert can help you ascertain it. Although there is still considerable debate on which molds pose serious threats to human safety and what specific situation can make these molds dangerous. Nevertheless, the serious health complications that these toxic molds cause are not questionable, and when these preventable health risks are caused by neglect of duty from the property owner, the tenant has every right for compensation.

The Dangerous Effects of Power Morcellators

Posted by on 5:41 pm in Injury Law, Product Liability Laws | 0 comments

Reports in a medical literature about power morcellators causing the spread of uterine sarcoma created a stir in the medical field during the very early part of 2014. Uterine sarcoma is a cancerous tissue that develops inside the uterus; there is no device, though, which is capable of detecting its presence. One type of cancer that can actually develop from uterine sarcoma is the rare, yet aggressive leiomyosarcoma, the very same cancer (already in its advanced stage) that was detected in a number of women who had undergone morcellation treatment wherein a power morcellator was used.

A power morcellator is a medical device that is capable of cutting oversized tissues into very tiny pieces. It is used in laparoscopic (minimally-invasive) surgeries, like hysterectomy and myomectomy, and was approved by the US Food and Drug Administration for this use in 1995. It became very popular among surgeons due to the many different benefits that it can provide, such as fast recovery of the patient, a surgery that resulted to lesser blood loss, much lesser pain and reduced likelihoods of infection. Compared to abdominal hysterectomy, an open surgery which required a 5-7 inches cut on the abdomen, a minimally-invasive surgery required only 0.5 – 1cm incisions.

Hysterectomy is the surgical procedure that removes the uterus or the womb, while myomectomy is the surgical removal of uterine fibroids, which are benign tumors that grow inside the uterus. The spread of uterine sarcoma occurs during myomectomy. As uterine fibroids are morcellated or cut into pieces, any cancerous uterine sarcoma tissues are also cut with the fibroids. Though already small enough to pass through the tube that will vacuum them outside the uterus, there are occasions when some pieces get left behind. According to the website of Williams Kherkher, these are the ones that spread outside the uterus and eventually develop to leiomyosarcoma.

Due to the risk of cancer, the FDA saw that the issuance of a safety alert was called for. Thus, a safety notice was indeed released on April 17, 2014, and it discouraged the further use of morcellators in laparoscopic surgeries.

Among the different manufacturers of power morcellators, the first to respond to the FDA’s alert was Ethicon, the power morcellator manufacturing unit of Johnson & Johnson. Exactly on April 30, 2014, Ethicon resolved to stop the promotion, distribution and global and national sales of its power morcellator, which included the Gynecare Morcellex Tissue Morcellator, the Morcellex Sigma Tissue Morcellator System and the Gynecare X-Tract Tissue Morcellator.

There are more than 50,000 laparoscopic surgeries (wherein a morcellator is used) performed in the US every year. A number of women, on whom the device had been used, have also been diagnosed with an advanced stage of leiomyosarcoma, a cause for them to pursue legal action against the manufacturer of the morcellator used on them. While many more lawsuits are expected to be filed, those who have undergone a laparoscopic surgery are encouraged to have a medical checkup in order to determine their real condition and take the necessary legal steps if necessary.

About Nursing Home Abuse

Posted by on 8:55 am in Injury Law | 0 comments

There is, perhaps, nothing more appalling than oppressing those who cannot fight back for themselves. This accounts for children, who are usually under the protection of their parents, and then there are the elderly. They, who have already lived the most of their lives, should now be enjoying some peace and well-deserved rest after the most arduous task that is living a full life. The elderly are people who should be cared for because they have reached an age where they cannot do it for themselves.

Often, one of the options to caring for the aged is to enter them into a nursing home. The goal of these homes is to ensure that the elderly are well looked after where their children or other loved ones cannot afford the space or time or necessities whereas a nursing home will have all the care they ought to need. Unfortunately, this is not always what every nursing home has delivered for there have been a few cases over the years where the elderly have been made to suffer through the negligence or abuse of the workers within the home, or even because of the unimpressive state of the home itself.

Abuse or negligence is quite awful, whatever the case, and is always deserving of legal action. Should you or your family be victims of nursing home abuse, you can file for financial compensation as due justice for the horrible wrong done unto you.

If you wish to pursue a case of this nature, it is advisable that you seek legal aid in order to know how to properly know the process in court. There must be evidence that has to be proven beyond reasonable doubt in order for you to be able to claim proper recompense. You do not have to take such injustice lying down.

Simple Tips To Help You Understand Personal Injury

Posted by on 8:49 pm in Injury Law | 0 comments

You should take legal action quickly if you got hurt because of someone else. First, get medical attention and then find the right attorney. This article can guide you through the entire process. Take the tips to heart, and you won’t be sorry!

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.

One of the most common types of personal injury lawsuits involve injury from a defective product. Products on the market are required to be safe for use, and when it can be proven a product is not the manufacturer can be held responsible. You and your lawyer have the obligation of proving the product is not safe.

Take a second to ask your friends and family about any recommendations that they might have. Personal injury lawyers come in all shapes, sizes, and varieties: you might need a trusted friend’s opinion to find the right one for you. Make sure it’s someone you know is trustworthy and has no financial motivations.

Keep all of your medical files together when you are preparing your personal injury lawsuit. Ask your doctor to write a detailed report of your injuries, keep receipts from the bills you paid as well as your prescriptions and document any income loss. Print emails your exchange with your doctor or other medical professional.

A personal injury can mean lost time from work, pain and suffering, and an injury that can affect your quality of life. Things will get worse if you do not ask for a settlement. This article should have provided all you need to know. Although it won’t be easy, you should come out on top in the end.

Product Liability, Protecting the Right of American Consumers

Posted by on 3:51 pm in Product Liability Laws | 0 comments

Product liability laws are welcomed by America’s buying public due to their effectiveness in protecting consumers from dangerous, low-quality products. Product liability is that area of the law which holds manufacturers, suppliers, distributors, sellers, and all others who see to the availability of products to the public liable for the harm these products cause consumers. Its primary intent is to protect consumers and to end the thousands of injuries that dangerous and defective products cause every year.

For example, some famous product liability suits that found success include defective cars that exploded if collided with, coffee that was served so hot it presented a scalding danger if spilled on a person, and pool drains whose suction force was literally strong enough to disembowel a human. Not all product liability lawsuits are clear cut, and they often require the assistance of a legal professional to help prove the lawsuit.

The Bureau of Consumer Protection of the Federal Trade Commission is the branch of government which makes sure that consumers get exactly what they pay for, and not end up taking home a defective or dangerous product instead. Besides this, the bureau also works to stop fraudulent, deceptive and unjust business practices by: formulating and implementing fair marketplace rules; accepting consumer complaints and investigating reports of product defects; filing suits against people and/or companies that deceive consumers or violate consumer rights; and, educating consumers and business firms about their rights, duties and responsibilities.

In the past, claims due to product liability had to be supported by a “privity of contract,” a contractual relationship between the seller and the person who bought and was subsequently injured by the product. In majority of the states today, however, the fact that the product was sold and injured someone is enough to hold the seller (or anyone involved in the chain of distribution) liable while allowing for the injured party to seek compensation.

Product liability claims are actually based on three suppositions: negligence, breach of warranty and strict liability.  Negligence can be imputed on product manufacturers who either failed to do something that ought to have been done or did something that was totally not part of the production process. Regardless of what it actually is, negligence the results to harm boils down to one fact – the lack of care required in the design or production of the product to be made available to the buying public.

Failure to fulfill any claim or promise made about any product or service, on the other hand, such as a universal remote control that was guaranteed to control any electronic equipment you have in your home, but ends up controlling only your television set, is what comprises breach of warranty. And then there is strict liability which extends the manufacturer’s or seller’s liability, to the injury or harm cause by the product, to all those affected and actually injured by it, that is the purchaser and all other persons who were affected by it.

Though product liability law falls only under the jurisdiction of the state, there is another law that protects the buyers at both the state and federal level – the Consumer Rights Law. This law, with the consumer protection law, gives every consumer the means to expose and stop abusive business practices, which, by the way, is not limited to the manufacture and distribution of defective and harmful goods, but includes services performed rudely and through abuse. One example is collection of payment for credit card debts by collectors who would deliberately call you at very inconvenient times or where you would not want to be contacted, like at the workplace. The Fair Debt Collection Practices Act (FDCPA) can mandate collectors, who resort to these acts of harassment, to pay their victim $1,000 in statutory damage, plus legal fees resulting from the lawsuit filed by the victim against them.

Weak Vehicle-roof Support and the Increases Chances of More Severe Injuries during Rollover Accidents

Posted by on 6:21 pm in Truck and Auto Accidents | 0 comments

Multiple-vehicle collisions are among the deadliest types of car accidents in the US. These include rear-end collisions, head-on collisions and side-impact crashes, also called side-swipes or T-bones. More dangerous than any of these, however, are rollover accidents, which have claimed more lives and greater damages in the past years.

Based on the figures released by the National Highway Traffic Safety Administration (NHTSA), more than 10,000 individuals are killed each year from rollover accidents alone, which number to more than 280,000. And the types of vehicles that are more prone to rollover accidents are pick-up trucks, vans and SUVs. This is because the center of gravity of these vehicles, compared to cars, is higher from the ground.

Collapsing vehicle roof is a major cause of severe injuries and fatalities during rollover accidents. A vehicle’s roof crashing down on the driver and the other passengers’ head and spine, is enough to cause severe head and spinal injuries.

One reason for roof collapse is failure of the roof pillars, the vertical structures which hold up the vehicle’s roof, as the vehicle rolls over. There are usually six (if counted individually) or three pairs of roof pillars: the A-pillars, which support the windshield, front side windows and the beginning of the roof. These can also channel the electrical wiring for the lights at the rear of the vehicle and for overhead lighting. The two other pairs are the B and C pillars; the former are the vertical supports between the front and rear doors, while the latter joins the vehicle’s rear side and rear windows.

Despite the great danger posed by weak roof support, many vehicles are built with reduced pillar strength to lessen vehicle weight and lower its cost. This move, though, also greatly increases the risk of serious injury for the driver and his/her passengers. Thus, to ensure the safety of every occupant even when the vehicle rolls over, the government has mandated a roof crush resistance standard which manufacturers should incorporate in every vehicle built.

Besides the roof crush resistance standard, the NHTSA has also required manufacturers to make the electronic stability control system (ESC) a basic feature of every car. The ESC is designed to give drivers greater control of their vehicles, especially when these skid, to lessen the possibility of a rollover.

Rollover and roof crash are usually direct results of poor vehicle design to which the manufacturer can be held totally liable. Filing a lawsuit against car companies, with your injuries as proof of their failure to make safe vehicles, may result either to a lost cause or a compensation that is far too short of the amount that you really deserve. With a good lawyer who is determined to fight for your rights and apply the full extent of the law for your benefit, then you might just get the amount of compensation that you are legally entitled to.