Drunk Drivers Make Society MADD

By on Aug 16, 2017 in Personal Injury | 0 comments

As the automobile continues to reshape our world in many different ways it is important to recognize the potential for possibly dangerous scenarios involving cars and people. Driving a motor vehicle while under the influence of alcohol is a severe offense and can ruin the lives of everyone involved, including the drivers. Drunk driving is a direct insult to the rest of society as it sends the message that the driver is indifferent to any catastrophe or pain they may cause as a result of their negligent actions. If we are to progress to an age where innocent life is not taken by selfish offenders it must begin with more rigorous educational campaigns that can show the true pain experienced by victims of such crashes.

Due to the high rates of accidents that involved the consumption of alcohol, there have been countless studies done by countless organization who have one goal, and that is to effectively eradicate accidents involving the use of alcohol. Mothers Against Drunk Driving or MADD is a nonprofit organization that raises awareness and signs of drunken driving. Founded by a mother who lost her son to a drunken driver’s choices and actions, MADD is one of the most effective groups in prevention efforts against drunk driving. They are ruthless and in your face, and that is what gives them their influential status. In a compilation report of statistics from various traffic safety organizations, they shared a U.S. Department of Transportation statistic that claims nearly one-third of the people arrested for or convicted of drunk driving are repeat offenders. This statistic gives light to the already common deduction that the majority of drunk drivers have no remorse for their actions until it is too late. Victims of automobile accidents involving the use of alcohol do not deserve to be left in crippled conditions fighting for their life while their inflict or sleeps off a hangover in police custody. In the event of a serious, alcohol related accident the victim and their family should seek justice for their trauma. Not only do the actions of drunk drivers significantly tear apart individuals who were close to the victim, such as family and friends, but it also affects taxpayers across the nation. In the same compilation mentioned above, MADD shared a statistic of their own study, in which they estimated that drunk driving accidents cost the United States $132 billion each year. This waste of money should not continue by any means. Negligence in the form of ignorance on behalf of the driver can not continue to tear families apart and subsequently the safety of fellow drivers on the road.  

To conclude, serious reform must be done in order to truly eradicate drunk driving, but those who have been victims do have the option to hire a Columbia car accident attorney. The stain it has already left on the minds of victims and contemporaries alike should serve as a reminder that no ride home is guaranteed to end at the driveway. Through the utilization of ridesharing, safe party practices, and effective education campaigns this goal of eradicating drunk driving could become reality.

How is Spousal Support Calculated?

By on Aug 3, 2017 in Divorce, Domestic Violence | 0 comments

When you get a divorce, there are numerous areas where there can be disputes between you and your spouse, such as child custody and support, division of property, and perhaps the most controversial of all – spousal support.

According to the website of Higdon, Hardy & Zuflacht, spousal support is complicated than you think, because it is calculated with so many factors in mind. Divorce can be a life-changing experience, and the goal of spousal support is to at least minimize this change in the financial aspect. Below are some of the factors that are considered in spousal support calculations.

Duration of the marriage

If the spouses are married for more than 10 years, spousal support is more likely. A lot can happen in 10 years – a spouse that can be too used with the high standard of living, a spouse that has been away from the job market for a long time because of domestic duties. You name it. A spouse may need support if the sheer duration of the marriage is enough for him or her to not be able to provide properly for himself or herself.

Capacity to earn money

Does the spouse have a source of income, like employment or business? If he or she doesn’t, he or she may be entitled to alimony, especially if this fact has been caused by the marriage anyway. For example, if a spouse has sacrificed his or her job to take care of the house and kids, it is just fair that he or she receives support. Aside from source of income, the very capability to earn is also looked into, including factors such as age, marketability of skills, and medical conditions.

Custody to the child

The future expenses of the spouse are also taken into consideration, especially if there is a child involved. If the spouse has the custody for the child, he or she is, of course, liable to a lot of financial burdens, such as food, education, and shelter. The spouse may need financial support to fulfil this domestic obligation, especially if he or she has limited financial sources.

History of domestic violence

A spouse that has been abused may have physical, emotional, and psychological responses to the abusive acts he or she has experienced, and these responses may be enough to limit his or her capacity to earn money and his or her general enjoyment of life. So, he or she may deserve compensation in the form of spousal support.

What are T-bone Collisions?

By on Jun 4, 2017 in Personal Injury | 0 comments

What are T-bone Collisions?

Head-on collisions occur when the front ends of two vehicles collide. Rear-end collisions occur when the rear end of a vehicle has been hit by another vehicle. These are just some of the common types of car accidents. Another type of car accident is called the T-bone collision, but what is it exactly?

A T-bone accident happens when the front side of a vehicle crashes into the side of another, forming a letter T. This kind of traffic collision mostly occurs because of right-of-way issues, such as when a car blows through a red light or stop sign on an intersection and ends up crashing into a car that has been traveling on the adjacent road. This can also occur when a car abruptly makes a turn, typically on the right side, and its driver has not seen that there has been a vehicle on its side.

According to the website http://www.thebentonlawfirm.com/, those who have been hurt in car accidents may get compensation for the damages. This is especially true if the accident has been caused by a negligent party, such as a reckless driver.

Of course, T-bone collisions can also be triggered by reckless drivers, such as those who are driving while distracted, drunk, or fatigued, and those who intentionally break the speed limit or drive too fast considering the road and weather conditions.

What makes T-bone collisions especially dangerous is the fact that they impact the side of the car. This means that those on the impacted side only have the car doors as their defense against the collision force. They will most likely absorb a big portion of the impact, resulting into severe traumatic injuries, or worse, even death.

Many T-bone accidents cause chain reactions. The vehicles involved may crash into nearby trees, utility poles, fire hydrants, and even vehicles. More collisions mean more chances of injury and death.

Dangerous NFL Injuries

By on Feb 20, 2017 in Personal Injury | 0 comments

Anterior cruciate ligament (ACL), medial collateral ligament (MCL), torn meniscus, muscle contusions, shoulder tendinitis, shoulder separation or dislocation, ankle sprains and strains, and torn hamstrings are just some of the injuries suffered by National Football League and College Football players. More serious than any of these musculoskeletal injuries, however, are two other injuries that affect the brain: Chronic Traumatic Encephalopathy (CTE) and Concussion.

Chronic Traumatic Encephalopathy (CTE), which is a progressive, degenerative brain disease, can lead to memory loss, dementia and depression. Concussion, on the other hand, is “a change in mental state due to a traumatic impact. Not all those who suffer a concussion lose consciousness. Some signs that a concussion has been sustained are headaches, dizziness, nausea, loss of balance, drowsiness, numbness, difficulty concentrating, and blurred vision.

During the 2015 season alone, there were over 180 reported concussions in the National Football League, an average of 10.7 NFL concussions each week over its 17-week season. Obviously, the more violent football is, the more fans, owners and camera crew are awestruck by this sports. They all do not realize, however, how this game can cause in players an illness that can reduce not only their quality of life, but also their life span.

Besides Chris Borland, a linebacker drafted by the San Francisco 49ers in the third round of the 2014 NFL Draft, many other professional players retired from the sport early in their career due to concerns over head injuries inherent to the sport. The only sad thing is, they might have retired too late – when serious damage that will eventually lead to serious effects can no longer be reversed.

During the 1993 NFC Championship Game, for instance, Cowboys quarterback Troy Aikman suffered a serious blow to the head which sent him to the hospital that same evening. In 1994, Chicago Bears fullback Merrill Hodge also suffered a blow to the head. This injury did not only make him retire from football; it also left him unable to recognize his close family members, including his wife.”

As mentioned by the Ali Mokaram law firm, “In the opinion of an increasing number of scientists, NFL players are paying the cost of such entertainment with their health and long-term well-being. Once their playing careers have ended, many NFL players find that the physical toll that playing professional football has taken on their bodies makes them unable to live a productive, healthy life. Some of these injuries include physical pain from broken bones and joint injuries, but increasing evidence shows that many professional athletes also have suffered degenerative brain disease from repeated concussions as a result of playing in the league.” In spite of this, players frequently feel forced to perform despite incurring severe head injuries in order to retain their professional careers and fans. This is incredibly dangerous for players as repeated concussions have serious long-term effects on a person’s wellbeing, such as: reduced life span, high medical costs, brain damage, chronic headaches, impaired concentration and memory, and, reduced balance.

The Complex Disease of Addiction and Unconventional Treatment Methods

By on Feb 16, 2017 in Addiction | 0 comments

Addiction is often associated with weakness, reduced to a moral failure on the part of an individual to stop self-destructive behavior. However, such thinking implies that addiction is a choice, when it is rather a complex, genetically predisposed  and chronic disease that plagues its victims and eliminates their freedom and autonomy in their own lives. In addition, as noted by the National Institute on Drug Abuse, repeated drug abuse changes the function and chemical systems in the brain, which further reduces their ability to resist taking drugs.

Traditional addiction treatment usually involves prescription medication to reduce drug dependence and withdrawals and to help detox the patient. Immediate abstention for certain drugs can be deadly because of withdrawal symptoms, so it is imperative for addicts to get help from a licensed psychiatrist, therapist, or other professional. Though traditional treatment methods are often helpful and successful, given the complexity of addiction and the high likelihood of relapse for addicts, other alternative treatment methods can be vital to an individual’s recovery if used in addition to or separately from traditional medicated methods, depending on the individual case.

Such alternative methods include acupuncture, biofeedback, meditation, and addiction hypnotherapy, among others, according to the American Holistic Health Association. Acupuncture can help reduce withdrawal systems and aid detox, biofeedback has had profound effects in preventing relapse, and meditation promotes mindfulness which can reduce anxiety and impulsive behavior. Addiction hypnotherapy, in particular, can be vital to certain patients for treatment as it helps patients identify and avoid certain triggers and work through underlying emotional, behavioral, and psychological issues that contribute to drug abuse.

If you are currently struggling with an addiction that is resistant to traditional treatment methods, a more holistic approach may be needed for a lasting and effectual recovery with the introduction of  somewhat unconventional but increasingly important and veritable methods outside of medication and therapy.

An Overview of DUI Fines And Penalties In South Carolina

By on Oct 10, 2016 in DUI | 0 comments

Like in any other state, DUI in South Carolina carries with it serious consequences. With the state now working hard to reduce fatalities, new fines and penalties have been put in place. According to the website of Truslow & Truslow, Attorneys at Law, DUI can have life changing ramifications. IN this article, we shall take a look at the fines and penalties associated with DUI in South Carolina.

Penalties for DUI can be affected by previous convictions in the last ten years. In addition, your BAC level will be used to determine the extent of DUI charges. South Carolina is implementing a scaled system which involves stiffer fines, longer jail sentences, and a required completion of substance abuse counseling program. Even if you are a first time offender, you may already be subjected to a mandatory imprisonment.

For a first time offender, the BAC level will be used in determining your jail sentence. If your BAC is 0.08 to 0.10, you are likely to spend at least a couple of days in jail up to a maximum of 30 days. For BAC above 0.10 but less than 0.16, the minimum jail sentence is 3 days and a maximum of 30. If BAC exceeds 0.16, you are likely to spend a minimum of 30 days and a maximum of 90 days in jail.

Aside from jail term, there are also a corresponding fines and penalties. Aside from the BAC at the time of the arrest, your previous offenses will also be considered. For a first time offender, the total fine is $992 plus a 6-month suspension of driving privileges. A second offense will mean a fine of $10,744.50 and a one-year suspension of driving privileges.

If your DUI has been elevated to felony, the mandatory fine amounts to $21,119.50 and 30 days to 15 years imprisonment. When death occurs, the fine could jack up to $52,244.50 and the jail sentence is 1 year to 25 years.

When is Assault and Battery considered a Misdemeanor or Felony?

By on Jun 15, 2016 in Criminal Defense, Domestic Violence | 0 comments

Assault is defined as a deliberate act that puts another person in fear of physical harm he or she is about to suffer. Whether actual physically harm was inflicted, the mere fact that the other person was made to fear its possibility is already an act deserving of punishment. Assault, however, is actually nothing more than a threat; infliction of physical harm on another is already referred to as battery.

Assault and battery were treated as separate crimes in the past, with battery referring to “completed” assault. Under modern laws, however, distinguishing between the two crimes is no longer made, so that the term assault alone may already be used to refer to crimes which involve actual physical violence. A person, however, can be convicted of assault without battery. This is the case when someone raises his or her fist in a threatening manner without actually throwing a punch; likewise, a person may be guilty of battery without assault if he or she pushes or punches another from behind.

Assault may be simple (treated as a misdemeanor crime) or aggravated (considered a felony), the latter involving the use of any kind of weapon, the offender shows intent to commit a serious crime, like rape, or if the assault is committed against someone with whom the offender has a relationship. If someone, however, physically harms another using a deadly weapon or with an intent to commit very serious harm, such as murder,, then the charge would be aggravated battery.

Punishment for assault and/or battery vary greatly among states. In some states, a person may face fines plus imprisonment depending on the severity of the offense committed and the offender’s criminal history; stiffer penalties most likely await repeat offenders. There will also be stiffer penalties for those who offend family members, someone living with the offender, or public servant, like a police officer, a paramedic, a firefighter, or a teacher.

The crime of assault and battery falls under the scope of tort law, which allows victims to file a lawsuit in a civil court for the purpose of seeking compensation. Regardless of the charges filed, though, whether criminal or civil, the prosecution, as explained in the website of Brent Horst Attorney At Law, must still prove every element of the crime for the defendant to be convicted. The defendant, on the other hand, can still hope to save himself or herself from being wrongfully accused with the help of a seasoned violent crimes attorney who can review the evidence, how it was collected to probe for weaknesses. The defendant can also be advised by his or her attorney if a plea bargain is an option worth exploring as well as what its consequences will be. While the defendant can choose to delay his or her action in hiring a legal counsel, he or she should understand that longer delays can affect the options they may have in dealing with the case.

Importance of enlisting a lawyer after a truck accident

By on Feb 11, 2016 in Semi-truck Accidents | 0 comments

When a truck accident occurs, many families are devastated because they or their loved ones have been injured. Though the typical initial response of truck accident survivors is to look for a better hospital facility that will provide them proper treatment, it is also a good decision to enlist a lawyer.

 

Trucking companies are strictly required to follow federal and state regulations and they can be penalized by the law from committing violations mostly if it resulted to injuries and property damages. The state of Georgia provides trucking regulations that aim to promote road safety. The website of Ausband & Dumont says that sometimes truck accident victims are reluctant to pursue damage claims as they believe that they are also responsible in the accident. A lawyer may possibly help an accident victim determine whether to file a personal injury claim and which of the parties that can be held liable for his or her injuries. One should realize that the trucking industry is a huge business and aside from truck drivers, different companies and organizations can also be held liable when a truck accident occur. Based from extensive knowledge and experience, a lawyer may easily point out negligent parties for victims to possibly get all the financial assistance they need to recover.  At some point, truck accident victims in Atlanta should understand that they may possibly get compensations even they are somewhat negligent. Under “comparative negligence” approach, when an accident took place that resulted to an injury, negligence between two parties is both assessed. For instance a car driver suffered injuries after his vehicle was rear-ended by a semi-truck. The accident happened after the car driver recklessly stepped on the brake pedal. In this situation, the truck driver can still be held liable and the injured car driver may still get compensations from the truck driver or his employer. Personal injury lawyers often understand that truck accident victims should fairly get compensations for them to recover their financial loss.

Faces of discrimination at work

By on Oct 17, 2015 in Race-based Discrimination | 0 comments

Although we live in a world where diversity, heterogeneity, and uniqueness are all celebrated, there are workplaces that still harbor an environment of inequality and discrimination. Unfortunately, these workplaces in the U.S. are not few. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) stated that there had been a total of 88,778 discrimination-related cases filed in the 2014 fiscal year. This staggeringly large number tells a lot about how the issue of discrimination affects a majority of the country’s workforce.

Discrimination in your workplace may take different forms: age, disability, race, sex, national origin. Whatever the form of discrimination, the person being discriminated feels ostracized not just by his colleagues, but by his entire work environment as well. Here are the different forms of discrimination common in some U.S. workplaces:

Discrimination based on race/color

According to the website of Cary Kane LLP, an entity (a company or co-worker) could be at fault of race/color discrimination if it intentionally discriminates a person because of his race or racial characteristics. Furthermore, if an employer tolerates race-based discrimination at work, s/he may also be held liable.

Discrimination based on pregnancy

If an employer or a co-worker made explicit remarks that tend to discriminate a pregnant woman, s/he could be at fault of discrimination. The company could also at fault if its systems, rules and regulations are inherently disadvantageous to women who are pregnant or have the capacity to be pregnant.

Discrimination based on disability

A company who looks into a person’s disability as the basis of hiring, firing, promotions, training, payments, benefits, and job assignments could be at fault of discrimination, unless such rules, systems or practices should be done because of unavoidable business reasons (ex. health and safety). An employer who failed to reasonably accommodate for a disabled employee or applicant may also found to be guilty of discrimination. However, if the accommodation would result in undue hardship to the employer given the company’s resources, size, or nature of operations, s/he might not be held liable.

How a faulty suspension cause rollover incidents

By on Oct 16, 2015 in Cars | 0 comments

Rollover incidents account for many road-related incidents in the country. According to safecar.gov, 2.1% of the nearly 9.1 million car crashes that happened in 2010 were rollovers. Tragically, 35% of passenger deaths, or more than 7,600 fatalities, have been associated with rollovers in the same year.

Although almost all types of cars could be involved in a rollover incident, narrower and taller vehicles are more likely to tip over because of higher center of gravity. Taller and narrower vehicles should not be the only ones insured. Even wider, smaller vehicles should be covered, because they too could be vulnerable to roll over incidents. This can be especially true if your vehicle has a faulty suspension system.

A car’s suspension system is integral in preventing rollover accidents. Car suspension is a system of shock absorbers, springs, and coils that interact with the car’s vertical motion. As you drive your vehicle parallel to the road, your tires may interact with bumps, causing your car’s frame to move upwards. Your car may also move vertically when applying brakes or when maneuvering. The car’s vertical motion while moving horizontally is what causes your car to rollover. With properly manufactured and installed suspension components, your car’s upward motion is effectively minimized, which greatly reduces your chances of getting into a rollover accident.

A Lexington car accident attorney would probably say consumers should be aware that there are many cars nowadays that are operating with flaws that can somehow cause accidents. Faulty torsion bars, shock absorbers, and coils may all trigger a suspension malfunction that may result in injurious, sometimes even fatal rollover accident. As such, be sure to only install suspension components that have been manufactured within quality standards. Components should also be installed by a professional auto mechanic. Finally, you may want to regularly check your shock absorbers for any leak, telling you that they should be replaced.