Car Accidents: Who’s At Fault?

Posted by on Mar 5, 2016 in Road Accidents

One might think that since car accidents happen so often that there would be more people making better decisions while on the road—that, over time, the number of car accidents would diminish eventually with better education, exposure to the truth of car accidents, and awareness of how real and prominent they are in today’s society.

Unfortunately, this fails to be the case as according to the website of the lawyers with Williams Kherkher, there are still over 2 million car accidents that happen in the United States alone, every single year. Some car accidents can be traumatizing, while some can render people physically disabled for the rest of their lives, while there are also some cases wherein car accidents have resulted into the wrongful death of a victim.

So who is at fault in a car accident? There could be numerous variables to consider.

Was a driver reckless while on the road? A car accident need not be between two cars but it can also be a car and an unsuspecting pedestrian. A reckless driver could be one who tempts fate and thinks themselves as above the usual limits, one who is too fatigued to be trusted on the road, or one who is under the influence of alcohol.

Was the car in proper order when it was received? From a manufacturing stage, everything needs to be inspected in order to make sure that the vehicle is in working order, in order to ensure the safety of both the customer but also all the other vehicles on the road.

What was the state of the weather? Sometimes, inclement weather such as hurricanes with very strong winds or earthquakes that made the roads unstable or unable to be passed while there were vehicles on it. The likelihood of these incidents are far and few in between but they are still possible.

In conclusion, a strong majority of car accidents happen due to negligence. If there was a negligent party that then caused a car accident, they are at fault and should be held accountable for any and all damages done that was due to their reckless negligence.

Read More »

Workers’ Compensation

Posted by on Oct 9, 2015 in Unemployment

States have their own laws regarding workers compensation that may not be present in other states. In order to understand what your rights and benefits are when you have been involved in a workplace accident and would like to receive workers compensation. A Des Moines workers’ compensation lawyer is likely to have an understanding of what the laws are and how an accident and injury can affect a claim. Under Iowa workers’ compensation benefits, your employer is obligated to provide three types of benefits to their workers.

Medical benefits are the most common and widely known and used benefit when it comes to workers compensation. Employers and insurance providers are the ones who will choose the doctor and will be the ones to pay for the medical bills, along with reimbursing any expenses you have made for succeeding medical appointments (connected with the accident).

Another benefit that can be given through workers compensation is temporary disability benefits. This will cover for the lost wages that you might have earned if the accident did not occur. The amount of payment for the missed work will be the net appropriate of your pay when working regularly; this is because typically your gross wage is not liable to be subjected to taxes.

Lastly, workers who have been injured in a workplace accident have the right to receive Permanent Partial Disability benefits should the injury lead to a permanent disability. This will greatly depend on the severity of the permanent disability or how it would affect your earning capacity (whether it will affect you for the rest of your life). The amount to be awarded will depend on the area of the body which the injury affects. There are many other factors that would be considered in determining the extent of injury and the amount of compensation to be given, so a workers’ compensation lawyer would be vital.

Workers’ compensation law can be complex, and the benefits may not be immediately given if proof or vital documents are not given. Also, there are instances where the workers’ compensation is not enough to cover for the expenses. In order to avoid such problems when the situation comes, hiring a Des Moines workers’ compensation lawyer be the best way to ensure your rights as a worker is protected.

Read More »

Private Car Services: How to Get the Best Deal

Posted by on May 14, 2015 in Cars

There are special events and occasions that require only the most luxurious accommodations. Whether it’s a wedding or a big corporate party, plenty of people prefer to have access to the convenient ease of a private car service. Hiring a professional driver can do a lot to ensure an enjoyable experience, especially if you manage to secure the best deal possible.

One of the most important considerations is the reputation of the private car service you want to hire. As Capital City Limousine puts it, there are so many companies out there that tend to cut corners and provide hasty services. As such, it’s important to make sure that the company you’re considering has plenty of positive testimonials and a good, clean record. You can check for this by researching reviews online. Typically, there are forums and sites that allow people to post their feedback on services they’ve used in the past. You can use these venues to check for what others can say about their experience with a private car company you want to work with. Stick with companies that have consistently offered customers with positive experiences.

Aside from glowing reviews, you also need to make sure that the private car service you want to hire follows proper safety protocols. Look through their website to find information about their drivers and insurance policies. If these information isn’t online, contact them through phone or book an appointment for a face to face dialogue. These types of details should be easily accessible. If it feels like the company you’re speaking to is dodging your questions, it’s probably best to look somewhere else. Again, online reviews can be handy for this step. Keep an eye out for any complaints regarding reckless driving and issues with certification and insurance.

Hiring a private car service can make any momentous occasion even more special and enjoyable. However, the ease and convenience it provides usually comes with a large check. Make sure you don’t miss any corners when closing in on a deal by taking into account these important considerations.

Read More »

The Dangers of Defective Pharmaceuticals

Posted by on May 12, 2015 in Product Dangers

Millions of patients rely on the pharmaceutical industry to create solutions to their important medical needs. Typically, these solutions help individuals successfully receive treatment and live fuller lives. There are, however, certain moments when pharmaceutical solutions also lead to unforeseen side effects and cause even more hardship and devastation. In fact, these defective pharmaceutical solutions often constitute to a majority of the product liability lawsuits filed in courts all over America.

Despite advancements in the field, there are still some drugs and medications that can cause serious issues for a significant number of patients in the United States. Most of the time, problems with defective pharmaceuticals are missed because of missteps in research and testing. Even when a pharmaceutical product has been approved by the Food and Drug Administration (FDA), there is no certainty that it will be completely safe from side effects.

In most cases, the devastating effects of defective pharmaceuticals are due to mistakes committed by manufacturers. There are several pharmaceutical companies that market certain products for off-label use—treatments that are yet to be explicitly approved by the FDA because of lack of adequate testing. According to the website of Williams Kherkher, one such example is the Stryker hip implant. Another pharmaceutical product often the subject of product liability suits is the anti-psychotic drug called Risperdal. As pointed out by the website of the lawyers of Williams Kherkher, the continued off-label use of the drug has led to several cases of serious medical conditions like gynecomastia and hyperglycemia.

It is a horrifying thought to consider that the products intended to treat patients can cause other medical conditions that could be far more serious than what they originally had. As such, it’s important for affected individuals to seek out legal counsel as soon as possible. The dangers of defective pharmaceuticals should never be ignored. Manufactures should be continuously held accountable for falling short of the high standards require of their profession.

Read More »

The Steep Penalties for Marijuana Possession

Posted by on May 8, 2015 in Criminal Charges

Drug violations are considered serious offenses in America and are typically met with harsh penalties. According to the Bureau of Justice Statistics, about 1.8 million drug-related arrests were made in 2007. Despite the fact that it’s one of most widely used drugs in the United States and the constant debates regarding the legalization of its use, marijuana was found to account for majority of these arrests. As pointed out by on the website of Kohler Hart Powell, SC, approximately 44% of all drug-related crimes involve the possession, distribution, or manufacturing or marijuana. That is large number of the total cases and a clear indicator of how many lives can potentially be affected by charges of possession.

Certain states across America have decriminalized marijuana for medicinal and recreational use. Even fewer have legalized it completely. However, in majority of the country, simply possessing any amount of marijuana can cause serious issues and lead to a criminal charge. While penalties for a marijuana possession charge vary from state to state, convicted individuals can expect to pay up to thousands of dollars in fines. They could also end up serving a significant amount of time in jail.

In most places, marijuana possession is classified as a misdemeanor—at least at first offense. This could lead to paying a maximum $1000 fine and spending up to 1 year in jail. At second offense, marijuana possession is penalized with up to $2500 in fines and a maximum 2 years in jail. The crime is often upgraded to a felony at third and subsequent offenses. A marijuana possession felony charge can result in up to $5000 in fines and a maximum of 30 years imprisonment.

Certain areas impose stricter penalties based on the amount of marijuana found in an individual’s person. Punishment in Texas will vary depending on the weight of marijuana found in a person’s possession. Having 4 ounces or less is considered a misdemeanor and is punished with a maximum $2000 fine and 1 year of jail time. Anything more than 4 ounces is already considered a felony. The steepest felony punishment requires 5 to 99 years of imprisonment and up to $50,000 in fines. Sometimes, convicted felons can also be sentenced in prison for life. For more information consult with a criminal defense expert.

Read More »

How Employers Can Prevent Construction Site Injuries

Posted by on May 5, 2015 in Workplace Safety

Individuals working in manual labor industries like construction face plenty of risks that aren’t typically present in most workplaces. Tasks undertaken by construction workers are often associated with a host of potential dangers that could lead to hazardous outcomes. Estimations by the Occupational Safety and Health Administration (OHSA) shows that a significant number of these outcomes result in some form of serious injury or even fatalities. Because of this, construction sites are often considered as one of the most dangerous workplaces in America.

OHSA recognizes the most common hazards in construction sites. One of the most common accidents that occur in these workplaces involves falling from significant heights caused by trench or scaffold collapse. Electric shocks are also a common hazard, as well as repetitive motion injuries and toxic exposure. According to lawyers from LaMarca Law Group, P.C., these hazards can lead to injuries that can vary in their severity. Minor accidents can cause sprains, bruises, lacerations, and bone fractures. Sometimes, these accidents can also lead to heat or chemical burns, carpal tunnel syndrome, and tendonitis. In more severe cases, construction site hazards can result in traumatic internal injuries and limb amputations.

Employers can commit to a variety of different methods to help mitigate risks and prevent such tragic outcomes from occurring in the future. One of the most significant changes employers can make is to update their company safety policies to uphold the safety and wellbeing of their workers. OHSA suggests that employers can improve their communication with regards to the many possible hazards involved in working in construction sites. The implementation of more stringent safety regulations can also make significant improvements.

It’s also important that employers provide several safety nets to ensure that their workers are safe from harm. Aside from providing sufficient safety gear and, employers should also make sure that construction sites are safe by properly maintaining the heavy equipment and machinery used by workers. Lastly, employers can prevent workplace injury by looking into pre-employment physical screening to see if applicants are well enough to handle the rigors required by manual labor.

Read More »

What is Legionnaires’ Disease?

Posted by on May 4, 2015 in Water

Legionnaires’ disease is a serious medical condition that shares the characteristics of other forms of pneumonia. It is caused by a bacterium called Legionella that is typically found in water. According to the Centers for Disease Control and Prevention (CDC), this bacterium usually thrives in warm water and typically is typically found in hot tubs, swimming pools, hot water tanks, large plumbing systems, cooling systems, and decorative fountains. It doesn’t spread through person-to-person contact, but through inhalation of mist or vapor that’s coming from a contaminated water source.

Legionella doesn’t always cause illness for some people. However, those who do get infected and diagnosed with Legionnaires’ disease can end up suffering from severe and even life-threatening symptoms. The first signs of the condition are felt at around 2 to 14 days after bacterial exposure. During this type, a patient will develop a high fever with headaches, coughing, shortness of breath, and muscle aches. It can also cause gastrointestinal problems and a confused mental state. Without proper treatment, Legionnaires’ disease can affect a patient’s lungs, as well as cause infection to the heart and other vital organs. It can cause the body to go into respiratory failure, kidney failure, or septic shock. To prevent such outcomes, patients need to seek out a round of antibiotic treatment from their physicians. In some cases, Legionnaires’ disease might also require hospitalization.

Sometimes, patients infected by Legionella can develop a milder version of Legionnaires’ disease called Pontiac fever. The symptoms remain the same, but the threat of lung infection and other complications are usually absent. Pontiac fever will also clear up on its own after a few days. As pointed out by the CDC, it won’t require any specific treatment.

Legionnaires’ disease might be alarming, but it is also easily preventable. Keeping water systems clean and disinfected is one of the most significant steps to take against the spread of Legionella. A precaution suggested by the website of American Water, is through the use of water softening and filtering systems in residential homes. Individuals can also reduce their risk of infection by avoiding smoking, which the Mayo Clinic says significantly increases the chances of developing the disease.

Read More »

How Driver Negligence Leads to Truck Accidents

Posted by on Apr 27, 2015 in Road Accidents

It’s no surprise that trucks overpower just about every other vehicle on the road. Considering that large trucks typically weight 30 to 40 times the weight of an ordinary passenger car, it’s no mystery that accidents involving these monstrous vehicles usually end with fatalities. According to Insurance Institute for Highway Safety (IIHS), there were 3,062 fatalities caused by large truck accidents reported in the year 2013. 67 percent of these incidents involved passengers riding in regular vehicles, 16 percent were truck operators, and 15 percent were pedestrians, bicyclists, and motorcyclists.

In all these accidents, driver negligence and error play a crucial part. The unfortunate reality is that these tragic outcomes could have been easily prevented if truck operators have followed prescribed safety precautions and regulations. However, because of some oversight or recklessness, these safety nets are ignored and catastrophic accidents continue to occur.

According to the website of an Oklahoma truck accident lawyer at the Abel Law Firm, one of the most common errors committed by truck drivers is the failure to provide proper signals when making turns. Because of the sheer size of the vehicles they are operating, it’s important that drivers in other vehicles are able to see where they plan to move or turn. Another common mistake is the failure to pay close attention to blind spots or no-zones. These are crucial areas surrounding the truck where a vehicle or pedestrian can be obstructed from view. Some of the other negligent mistakes include driving aggressively or recklessly, driving during bad weather conditions, driving while intoxicated or distracted, and driving with an overweight load.

Trucks are undoubtedly more difficult to operate than the usual passenger vehicle. As such, trucking companies should hold high standards for the drivers that they take into their fleet. Accidents caused by the failure to meet such standards can entitle aggrieved individuals to just compensation. With the help of an experienced personal injury attorney working within their area of residence, truck accident victims can pursue damages that can help cover hospital costs and other financial burdens.

Read More »