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Posted by on Jun 15, 2017 in Car Accidents | 0 comments

Negligence and Car Accidents

Car accidents can happen anytime and anywhere. In fact, even a single mistake while on the wheel can be very devastating. But in a sense, car accidents are understandable if they happen because of legitimate reasons, like innocent driver errors.

Negligence, on the other hand, is a different story. Drivers, vehicle manufacturers, and road maintenance providers can be negligent in a way that can cause car accidents. Whoever is at fault, the fact that there are serious damages will not change.

The website of the Amerio Law Firm has enumerated the most common damages in car accidents, including the obvious financial burdens such as medical costs for the victims, repair costs for the car damages, and emotional burdens such as emotional trauma, pain and suffering, and worst, loss of relationships due to death.

Driver negligence

Drivers can be considered negligent when they do reckless behaviors, such as distracted driving, drunk driving, driving under the influence of drugs, driving while fatigued or sleepy, speeding, street racing, tailgating, and weaving. But even simple behaviors like not using turn signals, rushing through yellow traffic lights, and not yielding to stop signs and pedestrians can also be considered negligent.

According to the website of this Sheboygan accident lawyer, those who have been hurt of car accidents because of someone else’s recklessness may have legal options, which is good news.

Manufacturer negligence

Designers and manufacturers can be considered negligent when there are inherent flaws in the design of the car or its parts or defects caused by the manufacturing process. This is particularly problematic for airbags, brake systems, door latches, seatbelts, and tires, as they can be the primary causes of injuries and accidents.

Like drivers, designers and manufacturers can also be held liable, if they are clearly the ones at fault and not the driver’s lack of maintenance or care towards his or her car.

Maintenance provider negligence

Construction companies and maintenance providers of roads can also be considered negligent, especially if the roads have poor designs or materials that easily break or if there are malfunctioning equipment such as broken traffic lights.

They can be taken to court if the accident is clearly their fault, like on instances where potholes make vehicles lose control and crash and defective traffic lights create right-of-way issues.

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Posted by on Mar 30, 2017 in DUI | 0 comments

The Consequences of a DUI Charge

The Consequences of a DUI Charge

Anyone caught driving while drunk can be charged with any of the following offenses: Driving under the influence (DUI); driving while intoxicated (DWI); or operating under the influence (OUI) – all these are drunken driving charges, (the difference lies only in the terminology used in the state where an offender is arrested and charged).

Drunk-driving is the cause of more than a third of all traffic fatalities in the U.S., which is more than 30,000 every year. In 2010, the US Department of Transportation’s Bureau of Transportation Statistics registered 13,365 fatal car accidents, while the number of those arrested for driving under the influence of alcohol, illegal drugs or both, was 1.4 million.

In all states, driving with a 0.08% (or higher) blood alcohol concentration (BAC) level is a crime, and though the severity of punishment imposed on offenders vary from one state to another, there is one certain uniformity in all jurisdictions – the punishments are severe.

A first offense DUI is usually treated as a misdemeanor; it could be raised to a felony charge, however, if the alcohol-impaired driver injures or kills someone, of if his/her BAC level is higher than the 0.08% (in some states, a third or fourth DUI offense can automatically lead to a felony charge).

Federal and state authorities are hell-bent on catching violators of the anti-drunk driving law, thus, they are sharp and focused on observing any signs of drunk-driving, like swerving, braking erratically, driving too slowly, stopping for no apparent reason and zig-zagging across the road. For this same end, they set up sobriety checkpoints to catch alcohol-impaired drivers or measure the level of alcohol impairment in drivers who seem drunk.

A DUI felony entails costly fines and at least one year jail time (maximum of one year imprisonment is allowed in a misdemeanor charge). In some states, a felony leads to other heavy sentences, such as:

Mandatory installation of an Ignition interlock – a device that prevents a vehicle from starting if it detects in the driver a BAC level that is higher than what is considered a safe level (about 0.02%);

Administrative license suspension (ALS) – a law that authorizes law enforcers to confiscate a driver’s license if the driver fails a chemical test. This can last for 90 days – 180 days, during which driving privileges may be limited to/from work;

Open container – the Open container law, which is administered by the Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA), requires states to prohibit the possession of open alcohol beverage containers, as well as the consumption of an alcoholic beverage, in the passenger area of a motor vehicle on a public highway.

According to Kershaw County DUI lawyers, many of those are arrested for driving under the influence (DUI), often claim that they have only had a few drinks or that they are not intoxicated, despite what a breathalyzer test says. These common excuses, however, do not often hold up in a court of law.

Alcohol-related charges have serious consequences, and a conviction for a DUI crime can dramatically affect a person for the rest of his/her life. Thus, anyone who has been charged with a DUI may find it wise to call a DUI defense attorney as soon as possible to start preparing a valid legal defense that will save him/her from further legal problems.”

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Posted by on Dec 29, 2016 in Defamation | 0 comments

Defamation in Social Media

Social media is a place where we can connect and interact with others. It has become a place where we can reach a wide audience, may we personally know this audience or not. Because of the range of social media, the need for moderation has risen. Social media sites have rules and regulations to prevent pornographic and other inappropriate materials such as defamatory statements. But still, defamation in social media remains to be an issue.

According to an informative article from the website of a Charleston defamation lawyer, defamation involve the following:

  • A false or defamatory statement that has been made and published
  • The statement is about or is in reference to a specific victim
  • The statement is unprivilaged and has been published to a third party
  • The statement has caused special harm to the victim or is extremely defamatory regardless of whether it has caused harm or not
  • The accused is the one who really made the statement

These statements online may be in the form of articles, blog posts, comments in posts, status updates, or statements in chat rooms and listservers. They can have negative effects not only in your reputation, but your overall relationship with others. This can cause damages involving employment and other opportunities.

Statements of Fact

Statements that are declared as facts but are not are some of the defamatory materials you can encounter online. For example, if a person has written a review about your restaurant and claimed that your restaurant has a cockroach infestation, that person’s statement may be considered defamatory, because it damages you and your restaurant’s reputation and may reduce sales. However, you have to prove that the statement is actually false.

Statements of Opinion

We all know that there is a fine line between fact and opinion, but some facts like to disguise themselves as opinions and some opinions like to pretend to be facts. For example, if the same restaurant reviewer claims that his cockroach infestation is merely an opinion, he can still be held liable.

Even if he says “I think this restaurant has a cockroach infestation,” it can still be damaging for you and your business. If the people read his reviews with loyalty and view him as an authority, they may see this opinion as a fact, and therefore believe that your restaurant is indeed infested by cockroaches and need to be avoided.

Social media is there to better our lives. It helps us connect to old and new audiences. But also remember that it is not without problems, and one of its issues that can negatively affect us is the easy distribution of defamatory materials, like the statements of facts and opinions.

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Posted by on Oct 18, 2016 in Divorce | 0 comments

How Criminal History Affects Divorce Proceedings

No one can deny the fact that going through a divorce can be an extremely difficult and emotionally challenging time. Aside from the emotional pain that comes with the dissolution of a marriage, divorcing couples will also have to contend with important legal details such as property division and child custody agreements. Couples that fail to come to an amicable agreement regarding these details will usually have to bring their dispute to court, where decisions will be left to a judge.

In a contested divorce, a judge is expected to make a ruling that will be fair and beneficial for both parties involved. A judge is expected to take into account the arguments made by each spouse in favor of one decision, as well as the point of view of any children that might be involved in the proceedings. However, a number of different factors might cause these expectations to bend in a different direction. Such decisions are mostly applicable for divorce proceedings where one of the parties involved has a notable criminal history.

When one of the spouses has a criminal offense on their record, their chances of being granted a favorable ruling during a divorce can become seriously impeded. For example, as noted by Marshall & Taylor, P.C., a parent might not be granted visitation rights if he or she is proven to have a history of alcohol or drug abuse, as well as a history of domestic violence. Meanwhile, criminal offenses related to white-collar crimes such as identity theft and fraud might also influence a judge’s decision regarding the division of a couple’s property and assets.

Because divorces involve high-stake decisions, it’s no surprise that having any criminal offense on one’s record can have a great effect on how proceedings will turn out. If you need help sorting out the legalities involved in divorce, do not hesitate to seek out legal counsel in order to learn more about your options.

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Posted by on Jul 10, 2016 in Motorcycle Accidents | 0 comments

Motorcycle Accidents: Results of Carelessness or Negligence

A motorcycle is an excellent means of transportation. Besides being fuel-efficient with regard to gas expenses, it can also enable the rider to easily drive through tight spots and past heavy traffic. The only major worry for motorcyclists is their vulnerability to possible severe injuries due to the lack of protective gears other than the helmet. Thus, to help protect riders from serious harm, the American Motorcycle Association (AMA), the largest motorcycling organization around the globe, enjoins its members and encourages all other motorcycle riders to always wear additional protective gears, such as gloves, a jacket, and the appropriate pants and footwear, whenever they will ride. All these, of course, should be worn with a helmet that complies with the standard of safety that the US Department of Transportation requires.

The 2012 record of the National Highway Traffic Safety Administration (NHTSA) on motorcycle accident shows 112,000 motorcycle mishaps; of this, 93,000 caused riders serious injuries, while 4,957 claimed riders’ lives. This only means that while it is true that motorcycles provide lots of conveniences, these also cause great risks. Majority of motorcycle accidents, according to The Benton Law Firm may be blamed on drivers of cars and trucks who do never anticipate a motorcycle on the highway, changing lanes immediately if they do not see a larger vehicle in the lane.

While head-on collision is a major cause of fatality among motorcyclists, there are many other forms of mishaps that can severely injure and leave them with an amputated limb or permanent disability. It is a sad fact, however, that so many of these accidents are actually due to negligence or carelessness of the riders themselves, by the driver of the other motor vehicle involved or by someone who never really did his/her job (like a city or local government personnel in charge of keeping roads safe from accidents). These acts of negligence or carelessness are followed by many different kinds of wrong results: poor riding skills; drunk riding; collision with fixed objects (such as a lamp post or railings); overspeeding; lane splitting (an occasion wherein a motorcycle rider passes between two slow-moving or stopped vehicles, like during heavy traffic flows); a driver (of another vehicle) failing to notice an approaching motorcycle while making a left-hand turn; other vehicles denying motorcyclists their right of way; another vehicle tailgating a motorcycle; poor vehicle visibility and/or stability during inclement weathers; defective roads; roads not cleared of hazards; and so forth.

Since negligence can be dispelled through simple acts of diligence, a negligent or careless act resulting to an accident is, therefore, very much preventable. However, being someone else’s fault, the victim has the right to pursue legal action against the liable party for whatever present and future damages his or her injuries may result to. Seeking the assistance of a highly-qualified personal injury lawyer or motorcycle accident lawyer may help the victim know and understand his or her legal rights and options.

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