Truck Accident Lawyers That Do What They Say They Will Do
Posted on 13. Oct, 2009 by Admin.
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DUI/DWI Sobriety Checkpoints
Posted on 29. Sep, 2009 by Admin.
In cities that have higher numbers of alcohol related accidents or on holiday weekends when the number of alcohol-related accidents is increased, often the police will set up sobriety checkpoints to help reduce the number of drunk drivers on the road. Sobriety checkpoints are considered a deterrent to Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). The belief is that if drivers have a fear of being caught, they won’t drive while they are impaired.
The constitutionality of sobriety checkpoints has been upheld in many states, but there are rules as to how they should be conducted:
- If there is too much traffic to be able to stop every car that passes through the checkpoint, there has to be a predetermined and nondiscretionary way to choose which cars to stop, for example, stopping every 5th car
- A warning must be posted to let motorists know that they are approaching a checkpoint
- The police presence should be visible so that approaching motorists know the checkpoint is legitimate
- All police officers participating in the checkpoint should be properly trained in spotting possibly impaired drivers and in performing the standardized field sobriety tests
- A Drug Recognition Expert (DRE) should be on site to assist with anyone suspected of being impaired by drugs
What To Expect at a Sobriety Checkpoint
When you pull into a sobriety checkpoint there are a number of things you can expect. A police officer will check all of your paperwork to ensure nothing is expired. Also, asking for your license and registration simultaneously is considered a “divided attention” test which can indicate impairment.
If the officer suspects you’ve been drinking or smells alcohol they will ask you to perform the standardized field sobriety tests. The standardized field sobriety tests include:
- The one-leg stand (a divided attention test)
- The walk-and-turn (another divided attention test)
- The horizontal gaze nystagmus (a test on the involuntary action of your eyes when you are under the effects of alcohol and some drugs)
If you fail the field sobriety tests or the officer still suspects you’ve been drinking they will ask you to submit to a breath or blood test to confirm your Blood Alcohol Content (BAC). In all states a BAC of 0.08 or higher is considered impaired.
Sobriety checkpoints are intended to be a deterrent to DUI/DWI because if drivers believe they will be caught for driving under the influence of drugs or alcohol then they are less likely to drive.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.
Additional Legal Source: The Law Offices of Michael Lowe. Serving all of Texas.
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North Carolina DWI Laws
Posted on 29. Sep, 2009 by Admin.
North Carolina is well known for its strict DWI laws. The National Highway Traffic Safety Administration published a report in August 2008 regarding the number of alcohol related traffic fatalities in the United States. In North Carolina there were 421 alcohol related traffic fatalities in 2006, which was 27.1% of all traffic fatalities. In 2007 it increased to 487 traffic fatalities related to alcohol use, which was 29.1% of all traffic fatalities. The 66 fatality increase in North Carolina from 2006 to 2007 was the largest increase of all the states.
There are two ways to get arrested for DWI in North Carolina. A person can either appear to be impaired or they can have a Blood Alcohol Content (BAC) of 0.08% or higher.
Per Se DWI
North Carolina’s per se law comes into effect when a person’s BAC is 0.08% or higher. A person is considered to be Driving While Intoxicated with a BAC of 0.08% or higher even if they do not appear to be drunk or impaired. Drivers can be convicted of DWI under the per se law even if they pass the field sobriety tests.
Appreciable Impairment
If BAC tests are inconclusive a person can still be convicted of DWI. If the prosecution can show that a person’s driving was appreciably impaired by alcohol or drugs, then BAC test results are not necessary.
Proof of impairment at the time of arrest can include:
- Driving pattern
- Speech pattern
- Overall appearance
- The results of field sobriety tests
The Consequences of DWI Conviction
There are very complex sentencing structures in North Carolina for drinking and driving. There are five different levels of penalties with Level One penalties being the most severe to Level Five penalties being the least severe. Generally, a first time offender will face:
- Fines up to $2,000
- Required to attend DWI school
- Required substance abuse assessment
- Up to 2 years in jail
- 6 months to 1 year license suspension
In addition to the list above a first time offender could also have to perform community service or have an ignition interlock device installed on all vehicles registered in their name. Repeat offenders will face harsher penalties for each subsequent conviction.
In North Carolina you can be arrested and charged with DWI for either having a BAC of 0.08% or higher, or for appearing to be impaired. North Carolina has very complex sentencing guidelines for DWI and very strict punishments for even first time offenders.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about North Carolina DWI Law.
Further Legal Resources: Driver Law Firm. Serving DWI clients in Raleigh, NC.
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Car Accidents and Automobile Safety Features
Posted on 29. Sep, 2009 by Admin.
Most car accidents are caused by driver error or negligent behavior. Modern cars are equipped with many safety features designed to protect occupants and reduce overall damage to all involved in an automobile accident.
Airbags
Driver side and passenger side airbags are now required in all vehicles sold in the United States, but were initially designed as a more convenient alternative to seat belts. More recently, side airbags have been introduced to prevent passengers from hitting the sides of the vehicle in a crash. While airbags are a great safety feature for adult passengers, they can be dangerous to children and smaller adults, so some cars automatically shut off the passenger air bag when less weight then a standard adult is detected.
Crumple Zones
Crumple zones have been designed to absorb energy from a crash to allow the passenger compartment to remain intact, thereby protecting the passengers. Crumple zones will allow the engine compartment and other non-passenger compartments to take much of the brunt of an accident so that force of the collision is dispersed.
Seat Belts
The National Highway Traffic Safety Administration estimates that seatbelts save 13,000 lives each year, and that 7,000 more could be saved if people would actually wear them.
Anti-Lock Brakes and Brake Assist
Antilock Braking Systems (ABS) prevents the wheels from locking when the brakes are engaged quickly. Before ABS brakes, you would need to pump the brakes when stopping to avoid locking the brakes and losing control of the vehicle. Brake Assist can detect panic braking and automatically applies strong braking power. Brake Assist can cut stopping distance from 20 to 45 percent. For example, at 60 mph, Brake Assist can stop a vehicle in 130 feet, compared to a non-Brake Assist vehicle which stops in 240 feet.
Electronic Stability Control
The National Highway Traffic Safety Administration has made a standard that Electronic Stability Control (ESC) equipment is mandatory in all vehicles by 2011. ESC uses the angle of the steering wheel to estimate the direction the driver wants the car to go and compares it to the direction the wheels are going. ESC can apply the brakes to individual wheels to try to keep the car’s tires in contact with the road surface. ESC will only begin applying brakes to individual wheels when it detects a loss of steering control.
The Insurance Institute for Highway Safety has estimated that ESC will save 10,000 lives a year. Numerous studies have shown that ESC is very effective at helping the driver regain control of a vehicle and in reducing the severity of car crashes.
While automobile accidents continue to happen every day, the automobile industry and the National Highway Traffic Safety Administration are making strides toward making vehicles and our roads safer for everyone.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about car accidents.
Additional Legal Source: For more information on personal injury from a car accident visit WurtzelLaw.com
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Homeowners and Business Liability Insurance Cases
Posted on 29. Sep, 2009 by Admin.
Many areas of injury and damage are covered under homeowner’s insurance and business liability insurance. These can include slip and fall accidents, dog bites, and any injury that you received out of negligence. If you are at home, it will be covered through homeowner’s insurance, and if you are at a business, it will be covered by business liability insurance.
There are two parts to a typical homeowner’s insurance policy. One has to do with coverage for damage to the home and any other building that is on the property. Along with this, are any belongings that the homeowners have. The second part of this insurance has to do with liability. This covers a homeowner in the event that they, family members, or animals are responsible for injuries to another person. The injury does not have to take place on the actual property. If your dog bites someone in the park, this insurance will still cover you.
Your liability coverage should cover the cost of defending a suit, medical expenses, and more. Many types of negligence are covered under your homeowner’s policy. This is not true in cases of assault. A violent act can be covered under business liability if there is a lack of proper security.
People who fall on snow or ice can find it very difficult to sue a homeowner. A homeowner or business owner is only liable if they have had an unnatural accumulation of snow and ice. If they have taken reasonable care, they are usually found not to be at fault. These cases can be hard to prove even if there was negligence to some degree.
If a person wants to try to prove liability, they must prove that the property owners were negligent in letting snow and ice build up. There also may be a property defect such as a blocked drain. A property owner may be liable if they accumulate a build up of snow and ice while trying to remove it. If they shovel a mound of snow and it melts into ice, someone may slip. If they do, there is then liability on the part of the property owner.
It is very common for victims to file a claim when it is friends and family. This is why people have homeowner’s policies. Most property owners do not takee it personally if you file a claim with their insurance company. It will be hard to battle the insurance companies due to the insurance defense laws. This is why you need a good attorney who is familiar in going up against insurance defendants. They will work hard to discredit you or give you the least amount of settlement possible. Always have an attorney on your side that can build a solid case and disprove any possible falsifications from the side of the insurance companies.
Laws can be very tricky, especially when it comes to insurance companies. Make sure you know what to expect when filing a claim.
This is not legal advice.
Additional Website: Attorney Ryan L. Snyder. Serving in Bradenton, FL.
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Tire Failure
Posted on 05. Sep, 2009 by Admin.
Tires can fail due to under-inflation, over-inflation and overloading. Under-inflated tires cause the tires to expand and contract, which creates heat. When this heat is added to the heat caused by friction with the road, a tire can “blow out” or explode. On the other hand, over-inflated tires do not allow for flexing which is required to handle issues like potholes or road debris. Sometimes, tires are intentionally over-inflated to reduce friction with the road which in turn lowers fuel costs.
Tires have a limit for how much weight can be placed on them. Overloading the tires can have the same effects as over-inflation. In addition to being inflexible, the shape of the tire is affected, which results in excessive wear and poor handling capabilities.
Need a Eureka springs truck accident lawyer? Please do your research before hiring an attorney.
Truck Accident Lawyers – Drivers that Use Drugs or Alcohol
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Truck DWI and Driver Fatigue
Posted on 02. Sep, 2009 by Admin.
The Federal Motor Carrier Safety Administration has enacted regulations concerning limits to the Hours-Of-Service that truck drivers may drive. Anyone who drives a commercial motor vehicle must comply with these regulations.
Fatigue is a major cause of truck accidents. The effects of drowsiness have been shown to be as dangerous as being under the influence of alcohol. The Department of Transportation estimates that 755 deaths and 19,705 injuries result from fatigued drivers of all kinds of vehicles each year.
As of January 4th, 2004 the Hours-Of-Service rules say that a truck driver may not drive:
- More than 11 hours, after 10 hours of off-duty time
- Beyond the 14th hour after coming on-duty, following 10 hours of off-duty time
- After 60(or 70) hours on-duty in 7(or
consecutive days
The 7 or 8 consecutive day period is reset after 34 consecutive hours of off-duty time.
Truck drivers are often expected to adhere to unreasonable delivery schedules by the companies they work for or they are paid by the miles that they drive. They are also subjected to many hours of uncompensated work each week as they wait on loading docks. This uncompensated time does count toward their on-duty time. This forces many of them to drive for unreasonable hours to make up for lost time.
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Truck Accidents and Negligence
Posted on 28. Aug, 2009 by Admin.
According to the National Highway Traffic Safety Administration, in 2001 there were 429,000 large trucks involved in traffic crashes in the United States. A large truck is defined as having a gross vehicle weight over 10,000 pounds. 4,793 large trucks were involved in fatal crashes, and a total of 5,082 people died and 131,000 people were injured in those crashes. When there is a truck accident involving a large truck, both the driver and the owner of the truck can face negligence claims.
Employer Negligence
Truck accidents are different than other motor vehicle accidents because the semi truck or tractor-trailer is generally operated by someone who is not the owner of the truck. Some truck accidents can be caused by employer negligence.
Some common forms of employer negligence include:
- Failure to maintain the vehicle
- Failure to train employees
- Lack of licensing or testing of operators
- Not performing background checks on employees
- Continuing to use operators that have a record of unsafe driving
There are federal laws in place that require truck companies to properly maintain their vehicles and to perform routine checks on the condition of the vehicle. There are also laws regarding the length of time a driver can remain behind the wheel, but some trucking companies push their drivers to ignore those laws by subjecting them to unreasonable delivery schedules.
Driver Negligence
Sometimes truck accidents are caused by the driver making a mistake or consciously breaking the law. When the accident is caused by driver negligence the driver can be held accountable for the injuries and property damage they have caused.
Some examples of driver negligence include:
- Driving without proper licenses or certification
- Speeding
- Concealing long hours by keeping duplicate log books
- Using drugs to overcome fatigue
- Not ensuring that the load they are hauling is properly secured
Determining who and what is at fault in a large truck accident is not an easy task. Additionally, trucking companies have been known to send representatives to the scene of an accident to speak to the people involved in the accident when they are most vulnerable and more likely to sign away their rights. There is a statute of limitations on how long you can wait to file a negligence claim against the driver and the trucking company.
This article is for informational purposes and does not constitute legal advice. Please contact a truck accident attorney in your local area for more information about truck accidents.
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Houston Truck Accident Lawyers and Personal Injury Claims against the Government
Posted on 15. Aug, 2009 by Admin.
As you might imagine, personal injury claims against the government comprise a sticky type of situation for most personal injury attorneys. Whether your personal injury is the result of negligence on the behalf of the federal, state, or local government, suing any government entity is not a simple task. When filing a personal injury claim against the government, there is a specific and strict set of guidelines and procedures that must be followed. Simply put, if your personal injury claim is not filed correctly, then the claim will not be allowed in court.
Filing Requirements for Government Personal Injury Claims
Like with most types of personal injury claims, a personal injury claim against a government entity can only be filed within a specific period of time. This timeframe is called the statute of limitations, and the length of time that it encompasses can vary greatly from state to state – being as long as several years in some states, but typically averaging around two years. After the statute of limitations has passed for you to file your personal injury government claim, you lose your rights to file. With cases involving personal injury against the government, however, special rules apply. If you have been wronged, harmed, or injured and a government entity is liable or at fault, you typically have around sixty days to file what is known as a “notice of claim”. Being awarded compensation if a notice of claim is not filed within sixty days is improbable. In addition, many government entities are considered to be immune from being held liable in personal injury lawsuits. The government has essentially waived legal liability in most instances. So while it is possible to bring about a personal injury lawsuit or claim against the government, the claim must be filed timely and appropriate to have a shot at being successful.
What You Should Do Now
If you have been injured and you feel that you have grounds for a personal injury lawsuit, and the government or a government employee or representative is liable or responsible, it is important to act immediately. Your first step should be to contact a reputable personal injury lawyer who has expertise in dealing with personal injury claims against the government. Because of the sixty day time limit on filing a notice of claim, acting within the first day or two of injury is important to get “the ball rolling” in your favor. This notice of claim is your personal injury attorney’s way of alerting the government that you have received an injury, and that you believe them to be responsible. A notice of claim is typically sent to all of the government agencies that could be responsible for your injury, even if you don’t sue them all. This opens up the opportunity for the government entity to respond to the notice before an actual personal injury lawsuit is filed. The government will then accept the claim or deny it; in most cases an official notice of denial will be issued and your personal injury lawyer will proceed to file a personal injury lawsuit on your behalf.
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Medical Malpractice Injury Claims
Posted on 15. Aug, 2009 by Admin.
Whenever people envision a professional adapting to a set of standardized operating procedures regarding how they do their work, most often, physicians spring to mind. By chance if a physician, nurse or any other member of the hospital staff neglects to abide by the exact operations, the lives of their patients can be jeopardized. Malpractice in the medical field is something patients should never have to worry about, but they do more so because of the rise in malpractice lawsuits in recent years. It possibly can be a minor fault, which in turn makes the patient sick or possibly kill them.
Filing a Medical Malpractice Claim
Malpractice suits are not just about people anticipating to make a fast buck. Almost all personal injury medical claims are quite severe. Every time personal injury lawyers get involved in a potential case, there must have been a life-threatening violation in how a medical doctor, nurse, or hospital has treated the patient. In a few lawsuits it has been as drastic as someone losing their life. When you are treated by a surgeon or a doctor and have been harmed by them as a consequence of them diverting away from the set medical practices, you quite possibly could have a legitimate injury claim. If you have a loved one or family member that has passed away because of the fault of second-rate care by a doctor or at a hospital, you most definitely have a lawsuit.
Finding a Personal Injury Lawyer to Handle Medical Malpractice
It is not, however, as simple as asking the doctor or staff to hand over their money. You must first retain services of an experienced licensed lawyer. Personal injury lawyers are extremely well versed in the particular personal injury laws of the state that they are licensed in, and know precisely to what degree a medical professional can ultimately be held liable for in such a case. Even if you think that you know how the laws for personal injury work, you still need a lawyer. You need a lawyer for the basic reason that the physician or the hospital’s insurance will have several qualified lawyers who will be resolved to prove to the courts that their client was following standardized medical procedures. In cases of gross negligence, many physicians and hospitals will more than likely want to settle out of court in order to avoid the influx of bad publicity. Your qualified personal injury attorney will advise you on the approximate amount of money that you should receive for a settlement and finalize the paperwork. Insurance for medical malpractice is designed to protect nursing staff, hospitals, and doctors from medical injury claims. If by chance, the doctor let their insurance expire, the lawyer for the injured party can and will go after the physician’s assets. Having monetary reimbursement may not help you feel better if you have been seriously injured, but is most certainly will make the medical community stand up and take notice to the guilty party. A medical malpractice lawsuit could end up costing the doctor his or her medical license if it was shown that he or she ignorantly or intentionally injured you.
