Feb 23, 2017
Drinking and driving is one of the most dangerous combinations on the road. Drinking too much can have negative effects on the body, compromising the drinker’s driving skills and putting him or her in danger of accidents. In fact, the drunk driver is not just the only one in danger, because the passengers and the other motorists around him or her are also at risk.
One of the possible consequences of drunk driving is paying a fine. This penalty can range from hundreds to even thousands of dollars. Usually, the payable amount depends on how high the driver’s blood alcohol content level is. The legal alcohol content level can vary from jurisdiction to jurisdiction, but the threshold is typically at 0.08%.
Drunk driving can be a misdemeanor or a felony. Most of the time, a misdemeanor is elevated into a felony if another party has been hurt. There are also instances where the elevation does not involve injury. The mere presence of children may be enough to raise a misdemeanor into a felony. Associated with these types of offenses are jail times.
A drunk driver’s license can also be suspended or revoked. This penalty can last up to 10 years. The duration of the penalty is determined by some factors, such as the gravity of the offense, the number of times the offense has been committed by the driver, and the driver’s blood alcohol content level.
This is a device installed in the driver’s vehicle to detect his or her blood alcohol content level. If the driver’s BAC reaches a certain amount, the vehicle will fail to start. This penalty can last months or years, also depending on the factors stated above.
Damages of Consequences
These consequences can have a devastating impact in your life. However, according to the website of the San Jose criminal defense attorneys of the Law Office of Daniel Jensen, P.C., DUI charges can be defended.
Defending these charges can help minimize the consequences, not to mention the damages you can sustain from them, such as financial burdens, employment issues, and the lack of comfort in traveling.
Oct 13, 2016
In America, individuals working in the construction industry make up majority of those most vulnerable to workplace accidents and injuries. According to the Occupational Safety and Health Administration or OHSA, reports of fatal injury rates in construction work are much greater than the national fatality rates for other types of employment opportunities in the private industry sector. Based on their data on construction site accidents, people in construction work face a significant amount of risk compared to others because of the many hazards that are typically available in their work environment. No other types of work require hazards such as scaling heights through scaffolding, being exposed to certain toxic substances, as well as operating heavy machinery and equipment.
The use of heavy machinery is a particular cause of concern due to the fact that they are so prevalent in construction sites. Heavy equipment allows workers to perform the most physically excruciating tasks. Machines like forklifts, cranes, bulldozers and loaders are incredibly powerful, and, as such, they also require very careful operation. The smallest error or malfunction in construction site machinery can lead to devastating consequences. The hazards that come with such equipment can only be compounded by lack of upkeep and maintenance. Workers that aren’t properly trained to operate these machines could also end up endangering themselves and their co-workers.
Employers can prevent workplace accidents by adapting safety practices that can mitigate the risks involved in using heavy machinery. Construction firms should be responsible for training their employees and making sure all their equipment receive regular maintenance. Failure to follow through with these practices can be considered an act of negligence, which could then lead to devastating accidents for the workers who put their lives at risk to perform their required tasks.
If you have been injured in a workplace accident caused by malfunctions in the equipment you used, the law awards you the right to seek proper compensation through the appropriate channels. One of the options you can look into is pursuing a workers’ compensation claim. Enlist the help of a qualified attorney for more information. North Carolina residents can depend on a Raleigh workmen’s comp lawyer or any workplace injury lawyer near where you live.
Jun 23, 2016
Financial Responsibility, which requires individuals to prove their capability in paying for damages in accidents wherein they are at fault, is a law in all 50 states in the U.S. Showing financial responsibility may be by carrying auto liability insurance or, in lieu of insurance, by posting a bond or depositing cash with the state or by paying the state-required uninsured motor vehicle fee to the state’s Department of Motor Vehicles (DMV).
A driver needs to show proof of financial responsibility in about four instances, when he or she: gets pulled over by a police officer; gets involved in an accident; renews his or her car registration; and, renews his or her driver’s license.
The most common way of demonstrating proof of financial responsibility is by carrying auto liability insurance. In 38 states, the type of insurance coverage recognized is the tort system, wherein victims of accidents have the option to file a civil lawsuit against the at-fault driver and wherein compensation is paid to the victim by the at-fault driver’s insurance provider. These 38 states are otherwise known as “tort” or “fault” states. The twelve other states, also called “no-fault” states, recognize the “no-fault insurance coverage. Under this insurance policy, the filing of a lawsuit no longer required since payment for losses and damages (including cost of medical treatment, lost wages, etc.) are made by each driver’s insurance provider regardless of whose fault the accident is. The 12 states where the “no-fault” auto insurance coverage is required are Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah. (In New Hampshire, though drivers have the option to purchase the tort insurance policy, the state does not really mandate drivers to do so; depositing securities or money with the state treasurer or filing an SR-22 is all that is required by the state. In the state of Virginia, on the other hand, paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee, or depositing money or securing a surety bond, are state-accepted alternatives to having auto insurance coverage.
Drivers who will be caught without insurance can face fines, suspension of driving license and may even be required by courts to carry an SR-22 filing, which means much higher insurance premium for the next three years.
In order for drivers to find the policy that would provide them the insurance coverage that they need without paying more than they can afford, free online quotes are made available by certain law firms. Some of these firms, like Habush Habush & Rottier S.C. ®, for example, offer as many as a dozen different quotes; these firms also provide quotes for other insurance needs, including SR-22.
Feb 11, 2016
Bentonite clay is a claylike rock that formed from volcanic ash spewed into ancient lakes or seas. After filtering through the waters, it gathered up a number of pure minerals that created a layer of exceptionally-mineral rich clay that settled on the ancient seabed. Bentonite clay is just one among the 7 types of clay that can form from volcanic ash, and this type of clay possess microscopic layers that enables absorption and adsorption abilities. This makes bentonite clay a good alternative for detoxifying.
It is important to know, however, that there are two types of bentonite clay: the swelling bentonite or sodium bentonite clay and the southern or calcium bentonite clay. Both of these contain montmorillonite, the major component that gives it its clay-like nature. One type of bentonite clay is safe for consumption, while the other is mainly marketed for commercial use. In an article discussing different types of clay, Livestrong.com states that it “is highly absorbent, and is able to hold several hundred times its weight in water. This quality makes bentonite clay suitable as a liner for artificial ponds and koi ponds.”
Sodium bentonite has strong absorbency and propensity to clumping, which leads to it being used as sealants, liner for toxic waste lagoons and deserted oil and water wells. It is also used in drilling, clumping and bonding agents for cosmetics, cat litter, and medicines. Studies are being done to see the possibility of sodium bentonite to absorb and remove E. coli from affected food.
Calcium bentonite is the one that is generally used for consumption. Referred to as “living clay”, it has been used by various cultures for its health benefits for thousands of years. Beliefs of ingesting the calcium bentonite clay have been shown to help detoxify and cleanse the body of unwanted toxins, and helps improve the immune system to fight off infections and possible illnesses. According to Earth’s Natural Clay, using bentonite healing clay either externally or internally helps balance the ph level of the body through ion exchange.
The antibacterial properties of bentonite healing clay has lead many researchers and scientists to determine whether it can be used effectively to combat pathogens and other harmful bacteria that can possibly lead to serious health conditions and complications. Nevertheless, it is still vital to first consult your doctor regarding healing clays before using them to ensure that you will not be put at risk and to understand which healing clay would give you the best health benefits.
Sep 8, 2015
Every professional working in the field of medicine is carrying a huge responsibility. Since the public comes to these professionals to seek out answers for concerns surrounding their health and well-being, physicians, nurses, and other individuals working in the health care industry are recipients of an implicit trust that cannot be broken. In other words, their profession holds them to a certain standard. Failure to meet these standards can lead to catastrophic outcomes, and so should be avoided at all costs.
This doesn’t mean that medical professionals are immediately held liable for errors they make. However, according to the website of The Law Offices of Jeff Benton, if these errors have been made due to negligence and reckless behavior or decisions, these professionals can be found accountable for committing medical malpractice. In surgery, errors can be constituted as medical malpractice if they lead to outcomes that go beyond the possible risks associated with the procedure being done.
There are many factors that contribute to surgical errors and medical malpractice. Aside from a surgeon’s incompetent and negligent oversights during the procedure, one of the most crucial contributing factors is the lack of sufficient pre-operative planning. It’s important that doctors are familiar with a patient’s entire medical history in order to avoid any treatment plans and procedures that may not work well with their current condition. Without proper pre-operative planning, a doctor might end up prescribing a course of action that will end up exacerbating a patient’s current condition. A certain surgical procedure might not work the same way for two different patients.
Neglect in post-operative care is another crucial surgical error committed by health care professionals. A patient isn’t automatically treated after his or her surgery is finished. Any procedure will require a certain amount of time for recovery. Failure to keep a close eye on a patient during this post-operative care period can lead to complications that could otherwise be addressed immediately.
According to the website of Crowe & Mulvey, LLP, consequences of surgical errors include strokes, paralysis, and brain injury. It is common for negligent surgeons to leave surgical material inside a patient’s body cavity, leading to infections, bleeding and other potentially fatal complications.
Sep 7, 2015
Statistics show that car accidents are a great cause for concern, especially in America. According to data from the United States Census Bureau, an average of 10.6 million motor vehicle crashes was reported every year from 2006 until 2009.
Considering such overwhelming figures, it’s easy to understand the pressing need to address the many factors contributing to dangerous roads and highways. The National Highway Traffic Safety Administration or NHTSA had identified that roughly around 3/4 of these noted accidents were caused by driver negligence and errors. The website of the Lake Geneva car accident lawyers at Habush Habush & Rottier S.C. ® also points to other causes such as drunk driving and mechanical malfunctions.
There is, however, another common factor to the growing number of car accidents in America. Highway defects and dangerous road conditions also play into the staggering numbers of crashes in recent years. Poorly maintained roads can do a lot to aggravate the effects of car crashes and other vehicular accidents. Hazardous conditions on roads and highways can pose plenty of risks to even the most careful drivers. Just about any Louisville personal injury attorney would tell you that poor maintenance and construction can lead to dangerous conditions such as shoulder-drop off, potholes, water pooling, uneven pavements, obstructed signs, and flimsy guardrails. All in all, these hazards can typically be traced to construction negligence and municipal negligence.
Municipals and other local government units are responsible for ensuring that the roads in their area are properly constructed and maintained. It’s crucial that highways and roadways meet particular safety protocols and standards. It will be their responsibility to ensure that the construction firm that works on the roads is meeting these regulations and that construction plans are properly mapped out and executed according to the law.
Sep 6, 2015
Amusement parks are very popular destinations during the summer months. Millions of people find themselves visiting the roughly 400 parks and attractions all over the United States. Many of these visitors are families, coming in large groups often accompanied by small children. This popularity isn’t surprising, considering that amusement parks offer many different activities and attractions that can be enjoyed for by people of all ages. Unfortunately, the enjoyment that can be found in these destinations can easily be eclipsed by accidents that can happen at any moment. According to the website of Williams Kherkher, amusement park accidents are the traffic effect of facilities that lack proper maintenance and upkeep.
Accidents that take place in amusement parks are usually caused by mechanical failure, negligence in the part of ride operators and other members of the park staff, as well as rides that have been poorly designed. In all these scenarios, it’s clear that dangerous situations could be easily avoided if the establishment owners are able to follow proper safety protocols in maintaining and operating their premises. Failure to do so will leave them accountable to any accident that may occur due to their negligence or oversight.
Incidents that cause injury in amusement parks will fall under an area of law called premises liability. By operating an amusement park and welcoming patrons to come to the premises and enjoy its facilities, owners are implicitly claim their responsibility in making sure their venues meet the basic safety requirements mandated by law. Falling short of these requirements, property owners are held accountable for any accident that may gravely injure their patrons. Aside from amusement park accidents, the website of The Mokaram Law Firm provides other examples of premises liability incidents: elevator and escalator injuries, porch and stair collapse, swimming pool injuries, and accidents that occur due to inadequate security within the premises.
Whether an accident occurs in an amusement park or some other public venue, victims should know that they have the right to pursue appropriate legal action and seek out financial assistance from the parties responsible.
Sep 4, 2015
With the technology available today, the medical community is now able to provide patients with access to the best and most-cutting edge treatment options currently available. One of these recent medical advancements is the transvaginal mesh implant. A vaginal mesh is used in patients having issues with the suppleness of the tissue in their vaginal wall. Through this implant, the patient is able to regain muscular strength and avoid certain complications.
A transvaginal mesh is implanted through a routine surgical procedure. The procedure involves inserting a small, synthetic patch that is meant to help keep organs in a woman’s lower abdomen in place. For certain women, a number of physical factors and strains can affect the suppleness of their pelvic muscles and affect how other organs such as the urethra and bladder are supported. Conditions such as stress urinary incontinence and pelvic organ prolapse can cause be among the many reasons why women will need a vaginal mesh implanted.
While the surgery to have a transvaginal mesh implanted is routine and will typically go without much complicatgions, women considering this option should still be aware of certain drawbacks and side effects that the implant can cause. Recent development shows that transvaginal mesh usage has been linked to the occurrence of infections, fistulas, and urinary retention. As a matter of fact, a 2011 statement from the Food and Drug Administration echoes these concerns, pointing out that there are very clear risks associated with the use of transvaginal mesh implants.
Using transvaginal mesh implants to solve complications suffered by female patients can prove to be very beneficial. However, these benefits cannot possibly outweigh the risks that are currently associated with this medical solution. More information on the risks of mesh implants can be found at www.williamskherkher.com/practice-areas/defective-pharmaceuticals/vaginal-mesh-lawsuit/.
Sep 3, 2015
The year 2014 saw the Consumer Product Safety Commission or CPSC issuing about 17 million recalls for defective products marketed for childcare and the use of children. Items such as toys, strollers, cribs, and clothing have been deemed by the U.S. government watchdog as failing to follow through on certain safety requirements delineated through the Consumer Product Safety Improvement Act of 2008. Had these products been left on the shelves, ready to be bought and used by millions and millions of American consumers, the injuries and other damages caused by dangerous merchandise would have been unprecedented.
While all consumer products should be manufactured with careful attention and proper safety protocols, the expectations for meeting such criteria is a lot greater for manufacturers of childcare products and toys. Children can be exposed to plenty more hazards, either through chocking or ingestion of toxic substances. (As all parents know, many young children like to take different items into their mouths. According to the website of Hach Rose Law, the common defects and issues with childcare products and toys involve the use of lead paint or other materials based on the harmful substance, unexpected breakages that may be choking hazards, sharp edges that can lead to lacerations, and even electric shock dangers.
It is absolutely essential that manufacturers follow through with the safety standards imposed by the law. There’s so much danger to leaving consumers vulnerable to very real hazards. Certainly, consumers can’t be expected to be the only ones watching out for the safety of the products they choose to patronize. While the public can do much to learn about the dangers of defective consumer goods and product liability, the accountability for any accident caused by such dangers lies with the company that manufacture these items. Parents with children that have been harmed by defective childcare items and toys should not hesitate to seek out legal counsel to learn about the appropriate steps they need to take. According to the website of Pohl Berk Attorneys, aggrieved parties can seek financial assistance from the manufacturer responsible for the injury or illness caused by a defective product.
Sep 1, 2015
The future is unpredictable. It’s impossible to account for complications that may happen, so it’s important for people to be well-prepared for anything. One unavoidable fact involved in this preparation process is planning one’s estate. By drafting a will and making appropriate arrangements for specific affairs, you will be able to ensure that your loved ones remain well-taken care should the worst happen.
There are several steps in ensuring the probate process and the administration of one’s estate can go as smoothly as possible. Probate law is quite different from other areas of law, such as personal injury or bankruptcy, and these steps can easily become complicated by a number of different factors. If there a number of heirs involved in the process, certain disputes are sure to arise regarding the validity of the will or trust in question. To avoid these problems, it’s essential that you are able to cover all the most crucial points at the very start of the process.
Drafting a will and deciding how your assets and properties should be arranged after death undoubtedly involves many considerations. One of the most important decisions you’ll need to make is deciding on an executor. This is the person who will be responsible for handling your affairs and making sure every delineated in your will is properly seen through. The executor you choose should be a trustworthy individual who will be able to remain neutral and follow through on your decisions, even when disputes within heirs and other family members arise. Likewise the executor will also ensure that the probate process is properly set into motion by filing your will to a probate court.
With the executor having started the process, the court will decide on the validity of the will and formally appoint your named executor as the official administrator of your estate. At this stage, the process will then require the executor’s decisions to make necessary arrangements regarding your estate. If you have debts left behind, the executor will have to pay off the remaining balance. In some cases, this might require him or her to sell certain assets and properties to cover the debt that still needs to be paid. Once that is over, the executor can begin distributing what remains of your estate to the heirs named in your will.