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Driver Error: The Cause of more than 90% of Truck Accidents

Posted by on Jul 12, 2016 in Car Accidents, Injury, Truck Accidents | 0 comments

Compared to cars, 18-wheelers are much harder to maneuver; these huge vehicles also require more room, especially when making turns or driving along curves. This is why operating 18-wheeler or a big-rig requires special skills. Thus, before a person can be issued a commercial driver’s license, which will allow him or her to operate a truck (or a bus), he or she will first have to undergo a special training and a series of tests aimed at making sure that he or she can operate one safely.

There are more than two million semi-trailers currently operating in the U.S., according to the National Highway Traffic Safety Administration (NHTSA). One fourth of these huge vehicles, that is 500,000 trucks, is said to get involved in accidents every year, with thousands of these accidents being fatal.

One of the common causes of truck accidents is a truck driver’s failure to check his or her blind spot, especially before making turns or making lane changes. A blind spot is an area where smaller vehicles are not visible to truck drivers. These blind spots, where most accidents occur, include a truck’s front, back area and sides, especially the passenger side.

Failure to check blind spots is a driver error which, according to the Federal Motor carrier Safety Administration (FMCSA), is the cause of more than 90% of accidents involving trucks. Besides this failure, other errors attributed to truck drivers include driver fatigue, intoxication from prescription and/or over-the-counter-drugs which results to impaired driving, and speeding or driving too fast for road conditions.

The dangers that 18-wheelers or a big-rigs pose on the road make it imperative for truck drivers to observe all necessary safety measures. They should always realize that, due to the size of their vehicle, one mistake on their part can result to a deadly accident. Though it is true that they and, in certain instances, their employer, may be held liable for an accident that would occur, these accidents are nothing more than results of negligence, making these totally preventable. Accident lawyers from the Scudder & Hedrick, PLLC, law firm advises people who have been in a vehicle accident or caused an accident to find out and know about their legal rights and options to help their case.

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Medical Negligence through Surgical Errors

Posted by on Mar 16, 2016 in Medical Negligence | 0 comments

Medical error or medical mistake, which is a failure to provide the quality care that a patient rightly deserves, is one of the many types of malpractice in the area of medicine. This scary mistake, which occurs in many hospitals and clinics in the US, often results to prolonged illness, permanent disability, other life-threatening conditions, and even death. Medical errors, however, are totally preventable since these are merely due to negligence or carelessness committed by medical professionals. This carelessness, according to the Office of Inspector General for Health and Human Services, resulted to the death of about 180,000 Medicare patients in 2010; however, in an article printed in the Journal of Patient Safety, medical errors is said to have ranged between 210,000 and 440,000 during the same year.

One example of medical mistake, which continues to cause great harm in patients, is surgical error. Surgery, due to its being a risky procedure, is resorted to by doctors only as a last recourse in treating an illness after all other attempts to remedy a patient’s health complaint fail. In its website, the Abel Law Firm explains that a patient, who undergoes surgery, puts a great deal of trust in his/her doctor’s ability to correctly diagnose an illness and decision to recommend surgery when the doctor sees it as a necessary part of treatment. However, instead of improving patients’ condition, so many surgical procedures have rather become more harmful and, quite alarming, a number of these errors have been committed by highly-respected medical professionals or in some of the best hospitals in the country.

Some examples of surgical errors that are listed with the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality include: wrong dosage of anesthesia; removal of wrong organ; wrong-person surgery; wrong-site surgery; incorrect surgical procedure; improper suturing; accidental puncture or laceration; foreign bodies or surgical instruments left inside the body of a patient; hematoma or post-operative hemorrhage; respiratory failure, or pulmonary embolism; wound dehiscence (the rupturing of a wound along a surgical suture, which is a surgical complication that may be due to age, diabetes, obesity, poor knotting, or post-surgery trauma due to the wound); and, wrongful death resulting from complications from negligent surgery.

About 4,000 surgical errors are committed every year in various hospitals and clinics around the US. Thousands of lawsuits are also filed every year against doctors and hospitals by patients who have been injured due to these errors.

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What you need to know about iritis

Posted by on Oct 8, 2015 in Injury | 0 comments

The iris is the colored portion of the eye that is responsible in controlling the diameter of the pupil. This part of the eye controls how much light enters the pupil and reaches the retina, which affects how well we see things. When the iris becomes inflamed due to many different reasons, iritis occurs.

Iritis can be a result of many different things, including trauma. A single but sharp blow in the eye could cause your iris to be inflamed. According to a Newport Beach personal injury lawyer website, eye trauma can be a result of automobile accidents, defective airbags, or dangerous eye solutions. Apart from trauma, iritis can also be a result of one or more of these:

  • Infections – Tuberculosis and syphilis have been associated with iritis. Shingles may also increase your risk of this eye condition
  • Certain medications – Certain antibiotic and antiviral medications may trigger iritis.
  • Underlying medical conditions – These include Behcet’s disease and juvenile rheumatoid arthritis
  • Genes – Some genetic alteration may cause certain autoimmune diseases, such as sarcoidosis, which triggers iritis

People with an inflamed iris may experience eye redness and pain, photosensitivity, and blurred vision. If not diagnosed and treated immediately, iritis may lead to other more serious eye complications. These include cataracts, glaucoma (pressure build-up inside the eye), macular edema (swelling in the retina), and keratopathy (corneal disease caused by calcium build-up). All these complications may profoundly compromise your vision, and may even result in irreversible blindness.

If you think you are at higher risk of iritis and are suffering from one or more symptoms above, you should visit your ophthalmologist immediately for quick diagnosis. Your doctor will typically start with a complete eye exam followed by external examinations of the eye, such as glaucoma test and split lamp test. After an iritis diagnosis, your doctor may then recommend dilating eye drops or steroid eye drops to get rid of pain and inflammation.

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How Can Disaster Relief Be Fraudulent?

Posted by on Sep 6, 2015 in Crime Defense | 0 comments

In its essence, isn’t disaster relief meant to relieve people of the troubles that have been brought by disasters? Just picture it – hurricanes, tidal waves, earth quakes, forest fires; every single one of these events cannot be easily controlled or contained and their effects usually leave thousands or millions crippled and in desperate need of proper help. Disaster relief comes in the form of many assets – money, perhaps, in order to rebuild home or institutions; or even food, water, medicine and the like.

So how can there be disaster fraud?

Citing information from the website of the Cazayoux Ewing Law Firm, disaster relief fraud is a situation wherein assets meant for assistance of relief operations is illegally mismanaged for personal gain of a private party. A relatively straightforward example would be, say, if there were disaster relief assets such as food or medicine that was then hoarded and sold by a private party for a profit.

That is how disaster relief can, then, be fraudulent – though the variables involved can make things somewhat more complicated than all that.

It can be difficult to be caught up in fraudulence of this nature as it is illegal and considered a white collar crime, the defense attorneys’ website says. When you have just had to suffer and survive a calamity that would warrant the label “disaster”, you can need all the help you can get and you don’t want to be caught in the crossfire of a legal battle involving a criminal conviction.

If you or someone you know has been suspected to be involved with disaster relief fraud, be aware that this is a serious accusation. Proceedings of this nature can be complicated due to the implication of criminal activity or intent.

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Consequences of a Head-On Collision

Posted by on Jun 10, 2015 in Car Accidents | 0 comments

Head-on collisions are a type of car crash where the front ends of two vehicles (train, car, ship, airplane, or other mode of transportation) collide. They often result in fatal collisions and in the United States head-on collisions account to a significant number of fatal crashes. According to the The Benton Law Firm website, despite the strong preventive measure from the government, car manufacturers, safety activists and groups, many motorists still engage in reckless driving habits that endanger not only their safety but also their passengers’ and other people on and off the road.

It is the other driver’s reckless and negligent actions can become grounds for personal injury claims. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., victims have the right to look for compensation to help cover for medical expenses, lost wages, pain and suffering, and other damages. Because the effects of a head-on collision is more than just physical, victims of such car crashes are urged to pursue a personal injury claim if they want to avoid financial issues in the future. Likewise, depending on the severity of the injury and the car crash, punitive damages can be rewarded to deter similar actions from being committed in the future.

According to the website of the San Antonio car accident lawyers at Chris Mayo Injury Lawyers, head-on collisions are among the most dangerous types of vehicle crashes, often leading to spinal injuries, traumatic brain injuries, paralysis, and even death. Despite car manufacturers ensuring the utmost safety of their consumers, safety driving is still the best defense against serious or life-threatening car crashes. Head-on collisions are considered rare, since majority of drivers know the danger of it and prevent these collisions from happening. Preventive measures such as barricades, warning signs, surface markings, median barriers, and effective traffic enforcers greatly reduce the possibility of head-on collisions as well as lower the risks of serious injuries when it does occur. Negligent driving and reckless behavior are often deemed as the cause of head-on collisions.

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Discrimination in the Workplace

Posted by on Jun 6, 2015 in Employment | 0 comments

Sex-based discrimination can be defined as treating a person (either an employee or an applicant) unfairly due to their sex, their affiliation to certain organizations or groups, or their gender identification. Any sex-based discrimination is deemed forbidden and is considered a violation of Title VII or the Gender Identity Discrimination. This allows gay, lesbian, and bisexual people to file for sex discrimination claims.

Title VII is a federal law enforced by the EEOC (Equal Employment Opportunity Commission) making it unlawful to discriminate against a person due to their race, religion, color, sex (including pregnancy), disability or genetic information, or age (40 years old or older). This also protects the employees from employers’ retaliation when they have opposed discriminating workplace practices – e.g. reporting incidents of sexual harassment or joining a rally group – or when the employee have filed claims or charges against the employer that prompted an investigation by the EEOC.

Aside from the federal laws protecting employees from sexual-based discrimination, each state can have their own human rights laws that can further protect their employees. Having the world’s most diverse population, New York also has a lot of cases involving sexual-based discrimination. According to the website of Cary Kane LLP, the state and city of New York has supported many laws that protect the LGBTQ community, but the battle for equality is still ongoing, since the state only has partial support for employment discrimination.

The state of Texas, however, still have issues with workplace discrimination, as reported on the website of The Melton Law Firm. Although the state of Texas does not prohibit employment discrimination based on gender identity and sexual orientation, workplace discrimination is still something that is deemed illegal. Employees are urged to report any forms of discrimination that they experience or see. Both employers and employees should understand that a company’s policy or practice that causes negative impact to anyone’s employment that is not job-related or a necessary part of the employment can be considered illegal.

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Injuries Caused by Dangerous Power Lines

Posted by on Jun 5, 2015 in Injury | 0 comments

Power lines are put up and maintained by various agencies of the state, so it can be difficult to determine who to go after when they cause injuries or even death. According to the website of The Benton Law Firm, a successful personal injury or wrongful death claim against public agencies requires strong evidence of negligence on the part of the agency, and that their actions were unreasonable and were the direct cause of the injury.

There are several factors that can help determine whether the actions of the public agency were negligent. Some reasons that personal injury lawyers such as According to the website of Crowe & Mulvey, LLP, some of what personal injury lawyers sea are looking are:

  1. The height of the power lines from the ground
  2. Warning and other caution signs posted near the power lines (or lack thereof)
  3. The insulation (or having none of it) on the power lines
  4. Voltage in the lines
  5. The distance of the power lines from surrounding buildings
  6. Either the power lines is in compliance with the local safety codes

According to the website of Pohl & Berk, LLP, there can be instances where a third party (such as another person) or natural conditions/disasters causes the power lines to become dangerous. Even in these situations, the public agency in charge of maintaining the power lines can still be held liable if they failed to repair the dangerous situation despite knowing about it. The public agency will only be free from any liability if the victim’s injuries were caused by their acts of their own volition, or if they acted unreasonably which lead to their injuries.

Due to the complex nature of personal injury claims against public agencies, it is almost necessary to hire a personal injury lawyer who specialize in these types of cases. It is also advised to consult with lawyers who know the laws in your state, and who have experience in tackling with public agencies. Contacting a lawyer immediately will be helpful in securing the proper proof of negligence to make a strong personal injury claim.

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Divorce and Determining Paternity

Posted by on Jun 4, 2015 in Families and Divorce | 0 comments

Paternity issues can become a big problem during a divorce proceeding, but they are rather common. When a husband questions his paternity to a child, the paternity test should be done during the early stages of the divorce in order to give both the husband and the husband’s lawyer enough time to prepare the necessary court documents asking for relief from child support or for any modifications for child support and visitation.

In order to prevent or lessen the harm done to the child involved, paternity in divorce should be handled properly, since divorce itself can already by emotionally painful to the child. There are two general ways that paternity can be determined, but only one is deemed a reliable source: HLA and DNA testing are both used. HLA testing, however, is not as accurate as DNA testing (which has become more affordable and is 99 percent accurate).

The court legally assumes the man is the father of the child when his is married to the mother, or he has signed a certificate of paternity (regardless of whether it is the birth certificate or affidavit of paternity). A putative father is a man who is alleged to be the father of a child born out of marriage. According to the website of the Law Office of Daniel Jensen, P.C., a biological father has the responsibility to provide for their minor child despite being divorced from the mother. When doubts regarding the paternity of the man are brought into question, it is the father or the petitioning party who will have to provide the burden of proof, or the paternity testing is brought about by the child support office or the court themselves.

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How to Handle Debt

Posted by on Jun 2, 2015 in Bankruptcy | 0 comments

Federal Law provides anyone with the right to file for bankruptcy, and this process is completely handled by the federal court. A personal bankruptcy claim is one way to help you manage your financial situation. Although filing for a personal bankruptcy should be the last resort, there are many reasons why people they file for bankruptcy – injury or illness, job loss, or personal loss. There are two ways that a person can file for a personal bankruptcy: Chapter 7 and Chapter 13 bankruptcy. Both of these options have thing pros and cons, therefore it is important to know which one would be more beneficial to your financial situation.

Chapter 7 is aimed for people who have large amounts of debt but is unable to pay for them due to low income. This often requires you to forgo a lot of your personal properties but would wipe out the general bulk of your debts. On the other hand, Chapter 13 bankruptcy can help you keep your property but would require you to have a legally-binding repayment agreement, usually to be completed between three and five years.

Being under either Chapter 7 or Chapter 13 bankruptcy would protect you from debt collectors, since the court will issue an automatic stay, preventing the creditors from contacting you and requiring you to pay them, foreclose your house, repossess your car, turn off your utilities, and even harass you. Personal bankruptcy allows you to deal with dischargeable debts, but there are exceptions to the types of debts that can be discharged. In the state of Texas, you can use the federal exemption statutes rather than using the Texas exemptions.

A Plano bankruptcy lawyer will tell you that each case is unique in its own ways. With that in mind, the help of someone who has experience with these sorts of things could prove beneficial, especially since state laws can have different rules regarding exempt and non-exempt debts. In order to have a more detailed and specific information about your financial situation and bankruptcy option, you should contact a personal bankruptcy lawyer who knows and understands the bankruptcy laws in your state.

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