The Zero Tolerance and Anti Texting-while-driving Laws

By on 9-26-2016 in Personal Injury

Drunk-driving, reckless driving, driver error and overspeeding (as well as driving too slowly and too fast during poor road condition) are listed by the National Highway Traffic Safety Administration (NHTSA) as the top causes of motor vehicle accidents in the U.S. From the more than five million car crashes recorded annually, more than two million individuals suffer injuries, while more than 32,000 lose their lives.

NHTSA reports also show that usual traffic violators, as well as usual victims of fatal car crashes, are young drivers, whose ages range between 17 and 24. Studies show that while young drivers, mostly students, are aware of traffic laws and say that they would never want to share the road with traffic violators, they, themselves, admit of having violated traffic rules when asked about specific road behavior, such as driving under the influence (DUI), texting while driving, speeding, and so forth. These same drivers expressed confident control of the wheel, though, despite the violation, which they said were still safe, based on their own standards.

With the intention of significantly reducing the number of car accidents, which always cause property damages, injuries or death, the NHTSA has become stricter in the enforcement of road safety laws; it has also passed new laws, such as the anti texting-while-driving law. In some states ban has, likewise, been imposed on the use of any type of text-based communications on mobile devices, such as computers and phones, which are used to send text or email messages. This anti texting-while-driving law is aimed at discouraging any act that would cause distraction – a serious threat to pedestrians, other motorists and everyone else on the road.

Another law that was passed (which will limit any chances of DUI among teenage drivers) is the Zero Tolerance Law. According to the website of Cazayoux Ewing Law Firm, this law specifically prohibits those under the age of 21 to drink and drive. Minors who will be caught violating this law are bound to have their driving privileges immediately suspended, as well as suffer the harsh punishments imposed in their state.

Proving Negligence In Truck Accidents

By on 6-24-2016 in Vehicle Accidents

Due to their sheer size, smaller vehicles will prove no match for trucks during accidents. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, PA, even a minor collision with large trucks can prove to be devastating. While there is no cost that can pay for a lost life or limb, you can always make the driver or owner of the truck liable for the accident. A successful claim requires the presence of four elements which are the following:
Duty of Care
The plaintiff must prove that the defendant had the duty to behave in a reasonable manner when faced with a particular situation. From following traffic rules to slowing down in case of inclement weather, the driver of the truck should have behaved in the normal way that a reasonable person would have done.
Breach of Duty
To succeed with your claim, you need to prove that the defendant breached the first element which is duty of care. For example, if the accident happened because the driver was speeding, this is a clear breach of his duty to obey traffic laws.
During the hearing, you must prove to the court that it was indeed the truck driver who caused the accident. For instance, it the truck is already speeding and you hit the rear of the truck, chances are you would lose the case because you will not be able to prove that his speed caused the accident.
The fourth element should be that there were damages due to the accident. Whether its damage to your car, injury, or both, there should be tangible damages for you to win compensation from the truck accident.
Proving the four elements can be strengthened if you have supporting evidence. You should provide the court with photos or videos of the site, vehicles, and your injuries. You should also carry your medical bills and records to prove that you were treated. Aside from that, you should also have the police report. Most importantly, you should have witnesses to corroborate your testimony or evidence.

Know Your Rights As An Employee

By on 2-15-2016 in Employment Law

The economy these days has made the job market incredibly competitive. This has made people become fearful for their jobs and would tolerate unjust treatment at work for the sake of keeping their means of income. This is not acceptable, of course, as there are numerous laws that are in place that aim to protect the rights of the employee.

For example, if some members of the company (even if they are in the levels of administration) are in a federally fraudulent or dealing with illegal matters, it is the responsibility of the employee to report unlawfulness and crime where it happens without fear of repercussion against their own person. According to Santa Clara University, these people are called whistleblowers—employees who bring wrongdoing at their own organizations to the attention of authorities. According to the website of The Melton Law Firm, whistleblowers are granted protection and rights in the event of circumstances like these, as they should be.

Employees should also feel safe in their workplace environments and this includes safe from discrimination against their gender identity, their race, or their creed. An employee’s wages should also be fair and in accordance to the agreement stated in their contract—and this includes overtime wages as some states even protect undocumented immigrants from unfair or unpaid overtime wages.

It can be tempting to just duck your head and protect your comfortable place with any given job, for fear of losing it—but there are more important things than self-preservation and your rights as well as the rights of those around you, which can only benefit from well-founded righteousness such as standing up for your employment rights.

Is No Fault Divorce Easier than “Fault” Divorce?

By on 2-14-2016 in Family Law

Whichever way you look at it, divorce is a complicated process and, more often than not, it is fueled with conflicting and distressing emotions. However, it isn’t always as simple as a married couple that no longer wants to be together – sometimes, there are other factors that can come into play, which is why there are several different kinds and classifications of divorce.

Two such classifications of divorce are “no fault divorce” and “fault” divorce.

A fault divorce deals with a divorce case as to where one or both parties have committed a fault during the marriage and it is that fault that is the main reason for the marriage. These can come in the forms of domestic abuse cases or situations involving infidelity or desertion for a prolonged, unknown period of time. No fault divorce cases are ones that, however, have both parties at relatively amicable terms with each other and mutually want to terminate the marriage due to irreconcilable differences. According to the CDC, there were 813,862 divorces in 2014, not counting California, Georgia, Hawaii, Indiana, and Minnesota.

Both cases have their own difficulties as, according to the website of Marshall & Taylor, the recent state of the economy has made legal issues difficult to deal with as they can be quite pricey. Not only that but they can also be emotionally draining for everyone involved – especially if there are children involved.

A “no fault divorce” may, at first, seem like the simpler option but it has its own hurdles. According to the website of the lawyers with Holmes, Diggs & Eames, PLLC, there are some interests and aspects that must still be protected by either party in order to come together into an agreement that is acceptable to both parties. This process can be lengthy and tedious so, really, neither case is much easier than the other to handle for they both come with their own sets of complications.

If you or someone you know is considering divorce, it is advised to first seek the counsel of a reputable divorce attorney before proceeding.

Why is Medical Malpractice with Personal Injury?

By on 2-13-2016 in Medical Malpractice, Uncategorized

If personal injury cases deal with accidents, how can medical malpractice constitute as a subclass of that particular branch of the law? Let’s break it down.

Personal injury, as according to the website of lawyers Crowe & Mulvey, LLP, is a situation wherein an innocent plaintiff has suffered an injury (which can be physical, mental, emotional, or any combination of the three) and it is due to the negligent actions of a guilty party. There are many different ways as to how a person can be injured due to negligence, hence the need for subclasses of personal injury, and that begs the question as to how medical malpractice fits under that umbrella term.

If a medical professional were to, say, accidentally damage the brain during surgery or have given too much of a certain drug and inadvertently caused overdose, then that is negligence that can be filed under medical malpractice. Those are the most obvious cases however as according to the website of the The Benton Law Firm, there are some medical malpractice cases that are a result of pure carelessness, which constitutes as negligence.

A wrong diagnosis, for example, can be constituted as a case of medical malpractice. According to an article by CBS News, 12 million people are misdiagnosed every year. Say if a patient were to have been diagnosed with something simple when, in reality, they had a subtle but fatal disease that could have been treated if it had been acted upon quickly. It is the responsibility of medical practitioners to deliver their utmost best and practice with the utmost care and precision, given the fragility of what they have to work with: the health and wellbeing of their patients.

It can be a difficult case to pursue, medical malpractice, as the attorney that represents the plaintiff would have to be not only knowledgeable with this complicated branch of the law but must also be comfortable and familiar with the medical landscape that concerns a specific case.

Personality Disorders and Defective Pharmaceuticals

By on 2-12-2016 in Defective Pharmaceuticals

While there are significantly more resources available for people who suffer with mental illnesses such as personality disorders, there is still a certain socially constructed stigma against them. A lot of people still use “depressed” or “bipolar” as if they were adjectives and not serious, psychological issues. Due to the stigma, some sufferers are still reluctant to seek help and take medication. According to the World Health Organization, an estimated 350 Million people suffer from depression.

There is, unfortunately, more reason to fear medication aimed to help people who suffer from psychological issues such as personality disorders and that is the fact that there are some drugs or pharmaceuticals in the market that are defective and can cause more harm as side effects.

Take, for example, the examples highlighted through this website: that has documented claims against the harmful effects of a drug called Depakote that is meant to treat seizures and manic episodes for people with bipolar personality disorder (BPD). Those who suffer from BPD are prone to suffer manic episodes that range from two or more emotional extremes, which can be dangerous for them as well as the people around them. People who suffer from BPD are also prone to panic attacks as well as depressive relapses so severe that it could lead to suicidal thoughts and actions.

According to the website of Williams Kherkher, there have been claims that have said that their taking Depakote is what caused for them to suddenly have malformations on their face or skull or cardiovascular system or have developed brain defects due to the drug. Suffering from disorders such as this can be a difficult, personal battle and it is so much harder to deal with when the tools that are available can cause pain like this.

That is why it is always important to do sufficient research before consuming medication.

How Can I Recover from Construction Site Accidents?

By on 2-11-2016 in Construction Accidents

Construction sites are near synonymous with busy metropolitan areas. New buildings are getting built and old ones are getting renovated all the time.  Not only that but there are also new overpasses and roads and streets that are being constantly restructured, usually as a preventative measure in order to restore safety precautions. However, as good as the intentions are of most of these construction sites, the odd accident does happen every so often—and you don’t have to work at one in order to be injured by one. According to the Occupational Safety and Health Administration (OSHA), the four most deadly injuries are falls, electrocutions, being struck by an object, and being trapped/caught in between two objects.

In the website of the lawyers with Hach Rose, there are numerous construction site accidents that happen every year and a significant number of them happen to passersby who are unsuspecting civilians. Falling debris, for instance, is not an altogether rare occurrence for civilians.

However, as according to the website of Scudder & Hedrick, PLLC, injuries suffered by people who work at construction sites can fare far worse for they are in closer proximity to the more dangerous tools used for construction and they are also the ones whose incomes are dependent on them being able to do their jobs. If a construction worker had their, say, limb amputated then they would no longer be able to do their job with the same level of proficiency that is necessary for them to retain their position. Or, at the very least, they wouldn’t be able to go back to work immediately, which would mean a significant loss of wages.

Situations like these are difficult and complicated for they deal with both medical expenses – for physical injuries and the repercussions that come with the trauma that comes afterwards – as well as the other expenses that are warranted compensation. If the injured party, for example, was the main earner of a family then several people are affected by the accident.

Construction site accidents that are a result of negligence – for there need to be precautionary measures in place in order to prevent any and all accidents that are a result of human error – warrant for the victim to receive recompense after experiencing such trauma and that is why situations like this can usually warrant a case of personal injury.

Is Immigration Possible for Entrepreneurs?

By on 2-10-2016 in Visas

There are more and more people who wish to immigrate to the United States and this is why it is one of the hottest topics in the recent presidential debates. According to the Department of Homeland Security, 1,062,040 legal immigrants were accepted in the U.S. in 2011. However, politics aside, immigration to the United States is not a new concept. The United States of America were founded by immigrants who were fleeing from religious persecution and the reasons of why people wish to immigrate to this country can all be boiled to one thing: they want a better life and perceive that one on free American soil is the best possible way to achieve that.

There are, of course, several ways in which one could immigrate to the US. One way is through the sponsorship of an immediate family member who is already an American citizen. Some people take the route of marriage – as spouses are then considered as immediate families – and with same sex marriage as legal throughout the entire country, there are more possibilities for everyone, no matter their sexual orientation. However, the legal procedures can be long and tedious, due to the amount of people who immigrate this way every single year, and there can be many delays in the process.

According to the website of immigration lawyers AmLaw Group, another way that people can immigrate to the United States is through the EB-5 Visa. This particular option can be beneficial as it requires no particulars regarding professional experience or educational attainment, nor does it require for a sponsoring family member or residency requirements.

The EB-5 Visa option is also known as the Immigrant Investor Program and it invites potential investors, as well as their spouses and children under 21, to immigrate to the United States by investing in American enterprises. This is ideal for entrepreneurs and US workers alike as it could open the doors for more jobs in the market.

If you have the substantial amount of money that is necessary in order to qualify for the Immigrant Investor Program, it might be worth looking into this option if you would like to immigrate to the US.