The Effect of Distractions to Drivers

The Effect of Distractions to Drivers

Jul 24

Distracted driving can be considered as a reckless driving behavior, because distractions have the capability to trigger car accidents. The sad thing about car accidents is that, on many instances, the driver is not the only one involved, as other innocent motorists, pedestrians, and other undeserving parties get hurt.

The website of the Law Offices of Ronald J. Resmini, LTD has enumerated some of the most common distractions while driving, including manual distractions like eating and adjusting the radio, visual distractions like using mobile devices and grooming, and cognitive distractions like disciplining children and talking to passengers – all of which has its own unique effect and hazard.

Compromised vehicle control

Manual distractions, or distractions that make drivers put their hands on objects other than the steering wheels, can limit the amount of control the drivers have on their vehicles. This kind of distraction can lead to a variety of accidents, like suddenly swerving off the road and crashing, swerving into another lane and hitting another car, swerving into the opposite lane and crashing head-on into another car, or failing to properly make a turn and crashing into an off-road obstruction.

Limited visibility

Visual distractions, or distractions that make drivers put their eyes on objects other than the road and its components, can compromise the visibility aspect of driving, which is one of the most important aspects of safety. If the driver is not looking properly at the road, he may not see oncoming possible dangers, such as turns, traffic light changes, vehicles, pedestrians, and even stationary objects like guardrails and cones.

Slow reaction time

Cognitive distractions, or distractions that make drivers put their mind on something else other than driving, can make their reaction time slower, because their brain is focused on something else. In a fast-paced place like a road, a driver has little room to react already, and more so if he is mentally distracted. He may not have the proper mental ability to react on time on traffic stimulus, such as vehicles changing lanes and making turns, pedestrians crossing the road, and traffic signals changing lights.

Multiple-vehicle Motorcycle Accidents

Multiple-vehicle Motorcycle Accidents

Jun 17

One type of ride that will let you beat the traffic is a motorcycle; it’s easy to maneuver besides being a really cool motor vehicle. The only drawback motorcycle riders have, compared to car drivers, is that they have no protection aside from their helmet. Thus, due to the absence of a seatbelt, an airbag or any other mechanism that would cushion them in case they collide with another motor vehicle, riders’ injuries are always more severe.

There are many different reasons why motorcycle riders get involved in accidents; these include speeding & alcohol use, poor visibility during bad weather, poor riding skills, and reckless road behavior. In case of multiple-vehicle motorcycle accident, though, where another vehicle, such as a car, is involved, an accident can occur due to a driver making either a sudden turn or a left-hand turn, driving while alcohol-impaired, ignoring the possibility of an approaching motorcycle, especially on intersections or crossroads, or denying a motorcycle rider the right of way.

Multiple-vehicle motorcycle accidents are, more often than not, not the fault of motorcycle riders. In fact, two-thirds to three-fourths of all motorcycle accidents are results of another motorist’s carelessness. Other causes of accidents involving a motorcycle and another vehicle, according to the National Highway Traffic Safety Administration (NHTSA), include a car getting too close to a motorcycle and then “buzzing” the rider and tailgating a motorcyclist while failing to yield. Drivers, whose actions threaten the lives of other people, can be guilty of a crime or civil offense. These reckless drivers have no right or business being on the road if they will only serve to put the safety of others on the line and, if their recklessness results to an accident that injures another, they ought to be brought to justice and made to pay for their crime or offense.

According to the law firm Zavodnick, Zavodnick & Lasky, LLC, there is nothing quite like the feeling of freedom one gets from riding a motorcycle, which is why so many people in the world today continue to make the choice of an increased risk of injury by riding a motorcycle. Even with today’s advanced safety equipment, now standard on many motor vehicles, bike accidents still occur far too frequently as motorcycles are often too small for many of these modern safety features to issue a warning in time. These accidents are often unintentional but when the negligence of one driver causes serious injury to a motorcycle rider, it is their duty to pay compensation for their mistake.

 

Worst Injuries from Construction Site Accidents

Worst Injuries from Construction Site Accidents

Jun 04

It is fairly known that construction sites are some of the most dangerous workplaces. But it is good to know that employers, supervisors, and other responsible parties are morally and legally required to make sure that the working conditions are safe. According to the website of Karlin, Fleisher & Falkenberg, LLC, those who have been injured because of construction site accidents may take legal action, such as pursuing compensation from the damages they have sustained.

Amputations

Amputations are some of the worst injuries you can sustain in a construction site, because they are permanent injuries that not just limit you in the physical sense, but also in the earning capacity sense. You may not be able to properly accomplish tasks or find other adequate work if you suffer from such injuries. These injuries are typically sustained from cutting accidents and entrapments.

Brain Traumas

Brain traumas are not just physical injuries, because they may significantly limit your cognitive abilities. The unluckiest victims suffer from difficulties in comprehending, concentrating, memorizing, and even speaking. These injuries can be sustained through a powerful blow to the head, either by hitting the head in a hard surface or getting hit in the head by a projectile.

Burns

Burns are usually associated with the skin only, but this should not be the case, because the worst burns affect not just the skin, but also the nerves, muscles, and bones. There are even instances where severely burned body parts are amputated because of the level of damage. Burn injuries are usually sustained from chemical exposures, electrocutions, explosions, and fires.

Fractures

Bones can break if they absorb enough force. This can happen in infinite ways in construction sites, such as falling from scaffoldings, getting hit by falling objects, slipping from grease and violently crashing into the ground, and colliding with heavy machines. Fractures may be healed, but there are instances where fractured body parts don’t fully function as well as healthy ones, not to mention the inconvenience of fractures when they are not yet healed.

Spinal Cord Injuries

Like fractures, spinal cord injuries can be sustained in various ways, and they typically involve the spinal cord getting significant force. These injuries can be considered the worst, because of how fatal they can be. Even if you survive, you may even suffer a form of paralysis, that may limit your limb and torso movements and sensations forever.

Advantages of Applying for a Green Card through the EB-5 Visa Program

Advantages of Applying for a Green Card through the EB-5 Visa Program

Mar 12

According to Russian EB 5 attorneys, “For many, immigrating to the United States can be a difficult and complicated process. Fortunately, there are a number of significant benefits available to those who choose and are able to come to the U.S. as an immigrant investor with an EB-5 visa, making this a significantly faster and easier option for many.

However, in order to qualify for the Immigrant Investor Program, individuals must meet a number of eligibility requirements, including.

  • Creation of a new business;
  • Taking over an existing, troubled business (a business that has lost 20% of its total net worth) and retain all existing jobs;
  • Taking over and growing an existing business (growth defined as 140% increase in either net worth or jobs); and
  • Investing in an existing, approved Regional Center.”

Foreign nationals willing to invest between $500,000 and $1 million in the U.S. for the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers through the creation of a new commercial enterprise, or investing in an EB-5 Regional Center or in a Targeted Employment Area can be eligible for a conditional green card, the first step to obtaining a U.S. citizenship status.

Those who qualify will be issued an EB-5 immigrant visa, also called the Employment-based Fifth Preference Visa. This EB-5 visa program or Immigrant Investor Program, is managed by the U.S. Citizenship and Immigration Services (USCIS); this program is aimed at helping fuel the U.S. economy through capital investment by foreign investors and job creation.

Unlike other employment-based (EB) visa programs which require educational and/or post-graduate degree, professional experience and, most especially, a job offer, EB-5 visa eligibility are very limited; in fact, the only things necessary are the amount to be invested, that this amount is legitimately obtained, and meeting the “create 10 jobs” requirement.

As to where investment should be made, while the investor may choose freely, many of those who have already obtained permanent residency through this endeavor advise on making the investment in a Regional Center for the following reasons:

  • Investing in an EB-5 Regional Center costs lower;
  • Ensuring that the “create 10 jobs” requirement is met becomes the responsibility of the EB-5 Regional Center;
  • By choosing a more stable and well run Regional Center, meeting the “create 10 jobs” requirement becomes more certain and faster; and,
  • Allows the investor to do something else, such as practice his or her real profession.

Besides being the fastest, safest and easiest way for wealthy investors to gain a green card, the EB-5 Program also does not set requirements for education, employment experience, English proficiency or age plus, once a potential investor’s proposal gets approved, he/she, with his/her spouse and unmarried children below 21 years old will receive a conditional Green Card, making all of them conditional permanent residents in the U.S. Despite the conditions, the investor and his/her family can enjoy many privileges, like getting employed, attending schools, and have residence anywhere. If, two years after the conditional Green Card was issued, the investor can prove that the “create 10 jobs” requirement has been met, he/she can apply for the removal of the conditional status in his/her Green Card and enjoy unrestricted access to the U.S. with his/her permanent Green Card.

For Those Charged with a Drug-related Crime, They have to Bear in Mind that an Accusation is Just That: an Accusation

For Those Charged with a Drug-related Crime, They have to Bear in Mind that an Accusation is Just That: an Accusation

Mar 08

For Those Charged with a Drug-related Crime, They have to Bear in Mind that an Accusation is Just That: an Accusation

The Controlled Substances Act (CSA) of the United States has classified cocaine as a Schedule II drug due to its being a powerful stimulant that highly is addictive. Schedule II drugs are illegal substances that tend to be abused. However, despite being declared illegal, cocaine, under certain situations, may be administered by doctors for patient need.

Cocaine is called a “rich man’s drug”; it is used widely by middle and upper classes Americans or well-earning employees as a stimulant – to help them stay awake and render longer working hours for higher productivity. To younger groups, it is known as a “party drug.” They take this to stay alert and last through the night.

A person who gets hooked up to cocaine, however, almost always ends up taking it more frequently, the amount increasing on each take. Like many other drugs that are considered illegal, manufacture, distribution and supply, possession and use of cocaine are considered illegal too.

“The possession of cocaine,” as explained in the website of Ian Inglis Attorney at Law, “is treated with extraordinary severity under, especially under Texas’ legal code. Even in the smallest amounts, cocaine possession can land an individual in jail, while larger amounts of the drug can result in lengthy or even lifetime prison sentences. On top of these possible consequences, the establishment of a criminal record resulting from cocaine possession can have devastating consequences for an individual’s life.”

Due to the severity of the consequences that conviction of cocaine possession can have, it is may be necessary for anyone charged with cocaine possession to seek the help of a skilled defense attorney, who may b able to successfully defend him/her against the charges he/she is facing and, so, avoid severe consequences.

Like Texas, Tennessee is another state where authorities fiercely crack down on illegal possession, use, and distribution of illegal drugs. A Nashville criminal attorney from Horst Law, however, believes that not all individuals charged with a crime are guilty. Being accused of a crime, can greatly impact a person’s life. If convicted, the effects of getting tagged as a criminal can haunt a person for many years – beyond the courtroom and even outside of jail after he/she has served his/her sentence; it will affect his/her future personal, community and professional life.

Thus, for those charged, they have to bear in mind that an accusation is just that: an accusation. He/She still has a chance to defend his/her rights and protect his/her future from the challenges that would come with a conviction, including jail time, fines and whatever else such will result to. A strong defense from a highly-capable criminal defense attorney may be a person’s only way to save himself/herself from the harsh consequences of a criminal conviction.

Truck Driver Errors That Lead To Accidents

Truck Driver Errors That Lead To Accidents

Oct 09

Truck accidents are one of the most devastating that can happen on the road. Given their sheer size and weight, collisions with trucks can often lead to serious injuries or even deaths. Driving trucks require a great skill on the part of the driver. However, no matter how skillful they are, certain human factors can cause the driver to make errors which often causes them to collide with other vehicles.

Most truck accidents would have been prevented if the driver had practiced reasonable care when driving. A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) revealed that the major cause of truck accidents is driver error. Truck drivers are issued a special license which they get after undergoing an extensive training and testing. According to the website of LaMarca Law Group P.C., the negligence and irresponsibility of the driver would likely result to serious injuries.

According to the Federal Motor Carrier Safety Administration, one the most common driver errors is associated with nonperformance. This happens when the driver falls asleep or is physically impaired. Other common driver errors include failure to recognize due to inattention or being distracted. When a driver panics, overcompensates, or exercises poor directional control, such errors can prove devastating as well. In addition, their unrealistic schedules set by their employers may lead to fatigue and poor decision making.

Accidents due to driver error may have been prevented if the driver had sufficient training on the aspect of driving technique, safety concerns, and defensive driving. Because they are paid by the mile and not per hour, truck drivers have no choice but to go as far as they can causing them to be tired and fatigued at the end of the day. They have the tendency to be in a hurry in order to cover more ground as possible.

Recovering from a Catastrophic Injury

Recovering from a Catastrophic Injury

Oct 05

The path to recovery should not be impeded by the costs of a catastrophic accident victim’s care. Nonetheless, many victims of catastrophic accidents are forced to deal with the serious financial implications of their injuries all on their own, all while still just trying to come to grips with the accident itself. The prospect of pursuing a personal injury claim may seem right now, but it is important to note that this may be your only opportunity to recover fair compensation for your injuries.

According to the website of the Law Offices of Yvonne M. Fraser, catastrophic injuries can include the following:

  • Head and Brain Injuries
  • Burn/Electrocution Injuries
  • Spinal Cord Injuries
  • Birth Injuries
  • Accidental Amputations
  • Eye Injuries
  • Toxic Substance Exposure
  • Wrongful Death

Though this is sure to be a difficult time for you and your family, if you want to have any hope of recovering compensation from the responsible party, you will need to take action quickly.

Claiming Compensation for a Catastrophic Injury

The financial burdens that usually accompany catastrophic injuries can become unmanageable fairly early on in the process of recovery. Though every injury has a unique set of circumstances to deal with, just about every catastrophic accident claim will seek compensation for the following:

  • The total costs of medical and rehabilitative care
  • The pain and suffering you have been forced to experience
  • The income you lose out on during your recovery

This can obviously create a huge financial burden and time to file for compensation is limited. This is why swift and decisive action is necessary if you want to make a claim against the person who injured you.

Promoting the Right of Workers to a Safe and Healthy Workplace

Promoting the Right of Workers to a Safe and Healthy Workplace

Aug 10

The U.S. Bureau of Labor Statistics, which conducts the Survey of Occupational Injuries and Illnesses (SOII), says that from 2012 to 2014, almost three million non-fatal workplace injuries and illnesses were recorded from the private sector, including those which occurred in office settings, construction sites and industrial sites. Though safer than construction and industrial sites, offices also expose employees to certain kinds of danger.

Office environments expose employees to various types of potential injuries which are different from other lines of work. Answering or making phone calls endlessly, or typing on a computer for nearly eight hours every day make many employees prone to developing vision problems caused by the glare of computer monitors, and hand, wrist, back and neck pains. There are risks of injuries which are common in any working environment, like: injuries sustained due to slip, fall and tripping accidents; electrocution; head or neck injuries due to supplies in stockrooms or shelves falling on employees; cut or laceration, which is a result of running into, or bumping against, a glass window, a wall, a door, a cabinet, or a chair; and health problems due to poor ventilation and poor air quality.

According to Karlin, Fleisher & Falkenberg, because safety violations put workers at an increased undue risk, any type of work environment must be excellently managed to prevent dangerous conditions from arising. Unfortunately, many employers fail to take reasonable measures to protect workers and, as a result, accidents occur with some regularity.

In order to ensure that workers are provided with a safe and healthy work environment, the Fort Worth personal injury lawyers remind employers of their legal duty in strictly observing Occupational Safety and Health Administration (OSHA) rules, regardless of the type of industry they are in. McCutchen & Sexton – The Law Firm, also says that workers are guaranteed certain rights and protections by law. If a worker is hurt on the job, then he or she may be eligible to recover money for the injuries, he or she has sustained regardless of who was responsible for the accident.

Types of Divorce

Types of Divorce

Aug 09

Divorce can be a demoralizing, frustrating and emotion-filled process, if not for both spouses, then at least to one of them. This process becomes even more frustrating if the spouses fail to reach any agreement on different divorce-related issues, which may include child custody, child support, visitation rights, alimony or spousal support, and division of properties, assets and debts.

Ending a marital union can be done in different ways. There is the traditional process, which is public and adversarial in nature, and then there are the private, friendlier and peaceful processes. These processes point to the types of divorce, with the length and cost of each process dependent on the type of divorce chosen. According to a BB Attorney, the types of divorce include:

  1. Contested Divorce. This traditional way of ending a marital union is settled in a family court. It is open to the public and can drag on for months or years depending on the number of divorce-related issues that need to be settled and the length of time before the spouses finally arrive at an agreement about such issues (these are what makes this type of divorce the most expensive). In contested divorce, people can witness how spouses destroy and discredit one another in order to win the favor of the judge who will decide on the divorce-related issues (the decision of the judge is necessary if the spouses cannot arrive at an agreement). In the end, contested divorce makes spouses turn bitter towards each other and make each other feel devastated and destitute.
  2.  Uncontested Divorce. This process of divorce is for spouses who can agree on every aspect of their divorce. This process is private, faster to settle and also costs lesser than contested divorce.
  3.  Mediated Divorce. While there may be disagreement, this is easily settled through the help and guidance of a neutral mediator who is chosen by the spouses themselves.
  4.  Collaborative Divorce. In this type of divorce, the lawyers of each spouse agree to assist their respective clients in resolving their conflicts through the use of cooperative techniques instead of adversarial strategies and litigation. This type of divorce is the latest method of alternative dispute resolution.
  5.  Simplified Divorce. This most inexpensive way of ending a marriage is a process available for divorcing couples who have no minor or dependent children born from the marriage; the wife should also not be pregnant.
  6. Military Divorce. This divorce process is for members of the U.S. military and their spouses who observe divorce laws and regulations which are quite different than those observed by regular citizens.

The complexity of the divorce process often necessitates assistance from an experienced attorney, who can help make sure that the interests of his or her client are protected. According to the Maynard Law Firm, PLLC, even in processes where there is no litigation, having a lawyer is still important as he or she will help draw up all of the binding legal documents that will formalize the terms reached by both spouses.

Maritime injury claims under the Jones Act

Maritime injury claims under the Jones Act

Jun 21

Individuals working aboard seafaring vessels are at greater risk for workplace injury and less likely to receive immediate emergency care after an incident. The Jones Act of 1920 was put in place to legally oblige employers to provide a safe workplace for seafaring workers. The Act also holds employers liable for workplace injuries caused by the employer’s negligence or recklessness. For example, under the Jones Act, an employer is accountable for an accident caused by improper maintenance of a vessel or failure to properly train a worker. An injured worker eligible under the Jones Act is entitled to compensation for their injuries from the employer or owner of the vessel.

Determining one’s eligibility to file a Jones Act claim requires evaluating the circumstances under which the injury occurred. The victim must meet the legal definition of a “seaman” to be protected under the Jones Act. According to Jones Act lawyers at Williams Kherkher, a seaman is someone who 1) spends at least 30% of his or her time at work on a vessel or specific fleet and 2) works to achieve the mission of the vessel. Further, in order to file a claim, the vessel must be “in navigation” and not docked at the time of the injury.

Even if the injury was not caused by negligence or recklessness, the employer is still responsible for the immediate “maintenance and cure” of their employee. The employer must pay the injured worker the wages he or she would have earned if not injured, and cover the cost of room and board that the employer would otherwise provide if the employee were still working.

The statute of limitations can affect Jones Act claims. An injured worker has three years to file a claim, though injuries or illnesses can manifest themselves after this period has passed. For this reason, it is important to file a claim as soon as possible after the date of the injury or incident.