Pedestrian Safety

Pedestrians are the most vulnerable people on the road. Unlike car and truck drivers, motorcyclists, and other motorists, they are not enclosed in metal and they do not have protective gear. When they are involved in a collision, they absorb most of the force. This may result into injuries, and on some instances, even death.

According to the website of the Milwaukee personal injury attorneys of Habush Habush & Rottier S.C. ®, pedestrians who have been injured because of negligent drivers have legal options to pursue. It is good to know that the law is on the side of the victims. But pedestrians should also make the effort to avoid accidents.

Make sure that you are visible
Many pedestrian accidents happen because of low visibility that results from inadequate lighting or dark clothing. To avoid such accidents, avoid dark areas and dark-colored clothing. If possible, wear light-colored clothing and reflective materials and bring flashlights with you if crossing in dark areas is inevitable.

Look before you step
The obvious safety tip for pedestrians is following traffic rules. Cross only on marked crosswalks and intersections. Look left and right before crossing, even if you have the right of way, because you will never know when a reckless driver is going to show up.

Don’t expect vehicles to stop
Even if you have the right of way, always be wary of moving vehicles, because they might not stop for you. This is especially true for drivers who are distracted, under the influence of alcohol or drugs, and want to run through a red light or stop sign.

Be mindful of your surroundings
Different environments pose different levels of risk of pedestrian accidents. If you are near parking lots or parking spaces, be cautious of vehicles. If you are crossing in an intersection, watch out for turning cars. You should also avoid distractions that may compromise your focus on the environment, such as mobile devices and headphones.

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Counter-arguing Charges of Impaired Driving

Driving under the influence (DUI) and driving while intoxicated or driving while impaired (DWI) are serious traffic crimes that refer to driving while impaired by the effects of either alcohol or drugs (illegal, prescription or over-the-counter drugs). Some states use DWI and DUI interchangeably to refer to the same crime, others, on the other hand, differentiate between the two, using DUI to signify lesser intoxication.

In all U.S. states the blood alcohol concentration (BAC) level limit is 0.08% (this is usually reached after consuming about four regular bottles of beer within an hour). A driver who registers a 0.08% BAC level will be considered alcohol-impaired and charged with DUI or DWI (if his/her BAC level is higher than 0.08%).

Impairment, which is the effect of alcohol and the real root of danger for both the (impaired) driver and all others on the road, is the primary reason why drinking and driving are strictly prohibited under federal and state laws. While this may be a legally acceptable reason to apprehend and charge violators, the overzealousness of some enforcers has, in a number of instances, resulted to the unreasonable arrest of many individuals.

An enforcer or any police officer has the authority to stop a driver suspected of being impaired; he also has the authority to require a driver to perform sobriety tests, like standing on one leg or walking in a straight line, and even submit to a breathalyzer test.

Though professional-grade breathalyzer devices, like those used by law enforcers for roadside alcohol testing, are believed to be highly accurate and sensitive, there are important factors that enforcers need to consider when using these on suspected drunk drivers:

1. These breathalyzers require periodic calibration in order to maintain accurate readings; failure to calibrate these on regular basis can affect BAC analysis.

2. Breathalyzers can definitely measure alcohol which is present in alcoholic drinks; however, it will also give measurable BAC readings if one consumes food cooked in alcohol, or uses substances that contain (even small amounts of) alcohol, like toothache medicines and mouthwash.

3. Acetone, which is detectable in the breath of those on high protein diets and diabetics, and other compounds that have a molecular structure similar to alcohol, may result to BAC readings. Besides these, adhesives, plastics, varnish, paint fumes, and cleaning chemicals with rubbing alcohol, can also produce false BAC results.

According to Columbia DUI defense lawyers of Truslow & Truslow, no matter the offense, criminal charges at any level should be taken seriously. This is because a person, who has been charged with, or is under investigation for, a crime can suffer serious prejudices in life even after he/she has already served his/her sentence. Thus, whether a case would be heard in a Municipal, Magistrate, State, or Federal court, having a dedicated and qualified criminal defense attorney to defend his/her case may save him/her from getting convicted and his future from getting ruined.

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Preventing Motor Vehicle Accidents

Traffic accidents have contributed to the increasing number of deaths in the United States over the years. According to the website of Abel Law Firm, road crashes and collisions can result to fatal injuries or tragic deaths. According to the website of Centers For Disease Control and Prevention, more than 2.5 million Americans went to the emergency department for crash injuries in 2012. No matter how safety conscious we are, accidents can still happen so the best way to avoid these injuries is to prevent them from happening in the first place.

There are three basic prevention strategies that can be considered by governments and/or agencies in order to reduce the number of motor vehicle crashes. Primary prevention involves removing various circumstances that lead to injury such as reduction of traffic speed, reducing consumption of alcohol, and fitting stair gates to young children.

In secondary prevention, each individual needs to undertake steps on how to reduce the severity of an injury should an accident occur. This includes installation of child safety car seats, bicycle helmets, smoke alarms, and others. Finally, tertiary prevention involves optimal treatment and rehabilitation after an injury. This includes effective first aid and appropriate hospital care.

Both clinicians and non-clinicians have a huge role in the prevention of motor vehicle injuries and deaths. Health professionals can have an important role in providing advice to patients through the identification of accident risks or medical conditions. Likewise, they can help identify and treat accident causing conditions in patients with medical conditions.

Non clinicians, on the other hand, can implement non-clinical interventions such as advocacy and policy making, collaboration with other agencies, promotion of accident prevention education and training, and research. The provision of safety equipment also plays an effective role in increasing safety practices. Among the advocacies that can be implemented include using primary enforcement seat belt laws, using sobriety checkpoints or comprehensive graduated licensing system.

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All You Need To Know About Wrongful Termination

One of the most painful experiences that an employee can have is getting wrongfully terminated. For most workers, their job is their source of livelihood and becoming unemployed without sufficient cause. Although employers have the option to retain the employees they want to stay in the company, Melton Law Firm says that it should be within the limits of the law. If not, they can be held liable for wrongful termination.

It is worth noting that most employees are “at-will” which means that they or their employer can terminate at any time with or without reason their relationship. However, this does not give employers the right to unjustly terminate their employees. Federal anti-discrimination laws protect employees from being illegally dismissed from their work. Thus, their company cannot just terminate them on the basis of color, race, age, nationality, gender, and others.

Wrongful termination also happens when an employer retaliates against the action of an employee. For example, the employee reports them to a government agency for violating workplace safety laws. If the employer terminates the employee for doing so, they can be liable for wrongful termination. The refusal of an employee to perform an illegal act should also not be made a ground for termination. The employee just exercised their right and their safety is at stake.

If you have been wrongfully terminated, you have to prove the manner as well as the reasons your employer did. This requires gathering evidence. In most cases, you cannot go to court right away. You will first have to lodge the complaint with the Equal Employment Opportunity Commission (EEOC). The agency will study the case and render a decision. A successful claim may entitle you to get damages such as back pay, promotion, reinstatement, front pay, compensatory damages, punitive damages, and others.

As with any case, a wrongful termination claim is also covered by a statute of limitation. Upon receipt of the right to sue letter from the EEOC, you only have 90 days to file your lawsuit.

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Reporting An Accident In The Workplace

Employees have the assumption that the workplace is one of the safest places to be in. Unfortunately, this is not always the case. Workplace accidents have taken its toll on employees who end up injured or worse get killed. As the website of Goings Law Firm, LLC reveals, it can cause overwhelming consequences on the part of the injured worker. The good news is that your rights are protected by the state and you can always file a complaint against your employer.

The first thing to do when you get involved in a workplace accident is to inform your employer about the incident. Do not think that reporting the accident will affect your employment in the company. In the first place, it is the job of your employer to guarantee your safety and put in place some measures, as Houston personal injury attorneys of Williams Kherkher will tell you. Unless someone reports it, there might be other employees who can get injured or killed.

Employers are also legally bound to report any accidents or injuries that happen in the workplace. They have the obligation to provide you with sickness benefits or give you some time to recover from your injuries. According to the Occupational Safety and Health Administration (OSHA), reporting accidents will benefit the company rather than hurt its reputation. It will help create a culture that seeks to identify and control hazards which could reduce the risk of potential harm in the future.

Once the accident has been reported, the employer must then conduct a risk assessment and take the necessary steps in ensuring the health and safety of employees and visitors. Employers keep an accident book where accidents, its causes, or any injuries are recorded. As the injured party, it is your job to ensure that your accident is indeed recorded in the accident book.

The accident book of the employer can come in handy in case you decide to file a complaint and recover damages.

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The Different Types of Storage Facilities Explained

Some people have a lot of belongings that can eat up a lot of space. Some even have antiques that they want to preserve but do not have space where they can store. Sometimes deciding on where to place their items can be a daunting task for some people. Have peace of mind when storing your items with storage facilities. There is a plethora of choices depending on your requirement and need.

Moving Company Storage

Although the most expensive, moving companies are the safest and most convenient storage option. If cost is not your concern and just wants storage to be professionally done, this is the best option for you. Moving companies will pack your belongings properly, pick them up, and transfer them to their facility. However, you need to schedule pick up of your belongings from your unit.

Self-Storage Units

Self-storage units are ideal for people who live in the big city. They come in different sizes and offers different features such as climate or temperature control or outside units. The downside is that you will have to do the packing, moving, and storing yourself. The good news is that there are some facilities that allow renters to visit their units at their most convenient time.

Mobile Storage

Mobile storage units are available as wooden or steel vaults, trailers, or 12 to 16-foot containers. Then will then be dropped off at your location for loading and unloading of your belongings and then transferred to a storage facility. With mobile storage, you also do the packing so make sure that you have proper packing supplies for furniture, antique items, fur, or other valuables.

Austin storage facilities will let you store and transfer your belongings securely. Now you can be sure that your items will be stored safely. This way, you do not have to worry about space.

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Understanding The Effects of Alcohol on Driving Performance

Driving and alcohol do not mix. We all know about the bad effects that will happen when these two are combined. According to the National Highway Traffic Safety Administration (NHTSA), 33,561 people were killed from traffic crashes with 10,056 deaths due to drunk driving in 2012. Those who were involved had a BAC of more than 0.8. The same statistics revealed that for every 100,000 Americans below 21 years old, 1.3 were killed in drunk driving fatalities in the same year.

The bad effects of alcohol on driving performance cannot be discounted. The website of McCutchen & Sexton – The Law Firm revealed that driving under the influence of alcohol can significantly lower a driver’s response time, decision making, and general cognitive process. As a depressant drug, it can slow down the activity of the nervous system, which includes the brain. Driving requires hand, eye, and feet coordination but this becomes clouded when one is drunk and on the wheels of a car.

In addition, alcohol gives drivers difficulty in doing several tasks at once. This means they will not be able to keep their eyes in the lane and in the right direction and focus on the other traffic at the same time. Aside from that, it decreases a driver’s ability to judge the position of their car on the road as well as that of the other vehicles. Moreover, alcohol slows down the eye muscle function, visual perception resulting to blurred vision.

When driving under the influence of alcohol, you could put at risk not only your life but also that of other drivers. Houston car accident lawyers of Williams Kherkher will tell you that driving while intoxicated can result to serious or even life-threatening accidents. You could find yourself liable for injuries or deaths that you have caused just because you did not practice safe driving.

So if you intend to drive, as much as possible do not drink. However, if you must, take control of alcohol that you would take. Drinking too much may also affect your blood alcohol content and you could still get flagged for increased BAC even if you are not completely drunk. In this case, wait until your BAC drops before you drive.

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Understanding The Different Types of Mesothelioma

Mesothelioma is a rare and aggressive form of cancer that forms in the lining of the lungs, abdomen, or heart. The condition is due to asbestos and has no known cure and has a very poor prognosis. A Mesothelioma lawyer from Williams Kherkher reveals that this type of cancer develops slowly and will not show symptoms until it has developed in the body. In this article, we shall discuss the different types of mesothelioma.

Type According to Location

As to location, there are three types of meosothelioma namely pleural, peritoneal, and pericardial. In pleural mesothelioma, the asbestos fibers start in the tissues that cover the lungs. Its signs and symptoms include:

  • Chest pain under the rib cage
  • Painful coughing
  • Shortness of breath
  • Unusual lumps of tissue under the skin of the chest
  • Unexplained weight loss

Peritoneal mesothelioma takes place in the tissues of the abdomen. Its signs and symptoms include:

  • Abdominal pain
  • Abdominal swelling
  • Lumps of tissue in the abdomen
  • Unexplained weight loss

Pericardial mesothelioma is a rare cancer caused by asbestos fibers getting lodged in the pericardium, the lining around the heart cavity. Most common symptoms include heart attack, nausea, pain in the chest, and shortness of breath

According To Cell Type

Mesothelioma can also be characterized according to the type of cell that makes up the tumor. They are classified into three types which are epithelial, sarcomatoid, and biphasic. The most common cell type accounting for 50 – 75 percent of all diagnosed cases yearly is epithelial mesothelioma. They are uniform in shape, has an elongated pattern, and are adeonocarcinomas. They are easily distinguishable when viewed under high magnification.

Sarcomatoid mesothelioma accounts for 7 to 20% of cases diagnosed yearly. They arise from supportive structures such as muscles and bones.

Finally, biphastic mesothelioma is a combination of epithelial and sarcomatoid cell types. Treatment options may vary but sarcomatoid types are more difficult to treat as it involves surrounding tissues.

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What Are The Liabilities of Airline Companies In Aviation Accidents?

Compared to buses or ships, airplanes have given passengers a more convenient means of transportation. For this reason, many people have opted for this mode in getting to their destination. But while it is convenient and fast, traveling on an airplane also pose potential risks to passengers. Houston personal injury attorneys of William Kherkher will tell you that due to the height and speed involved in aviation accidents, they are more dangerous and devastating than other vehicle accidents.

According to the website of LaMarca Law Group, PC, there are different kinds of aviation accidents that are often fatal and result to death. While there are different factors that could have contributed to the accident, the liability is often a big question. Whoever will be deemed responsible for the crash can be held accountable for the following kinds of liabilities:

Civil Liability

Article 106 of the Civil Aviation Act encompasses national air transportation and is applicable to domestic flights. Those not covered by the Act shall be under the jurisdiction of the Warsaw Convention 1929 and the Hague Protocol of 1955. In cases not covered by the said conventions, obligations and trade law principles are applicable.

Civil liabilities of airline companies can either be limited or unlimited. In principle, the liability of carriers is limited. Under the Montreal Protocol of Turkey, the liability of carriers is limited to 16,600 special drawing rights. It becomes unlimited under the following conditions:

  • There was no flight ticket issued or flight ticket is not issued as required
  • Damage was a result of intentional, reckless, or negligent actions of the carrier or its employees

Criminal Liability

If the accident caused death or injury to passengers, certain provisions of the Criminal Code shall be applied. If the crash killed some or all of the passengers, the liable individuals shall be prosecuted ex officio with a charge of negligent manslaughter. Being legal entities, the legal representatives can also be charged.

If the accident caused bodily injury, the responsible individuals will be charged after the filing of a complaint by the injured parties. If the case involves conscious negligence, the prosecution will be ex officio.

Who Can File?

In case of death, the relatives of the passenger may file a case against the airline company and its employees. For claims involving bodily injuries, only the injured party can recover damages. They must prove the occurrence of the accident and the causation between the damages and the accident. Under related laws, the accident must have happened either in the aircraft or during boarding or alighting. The statute of limitations of aviation accidents is two years from the date the aircraft landed or it was scheduled to land. In case of death, recoverable damages include:

  • Treatment and funeral expenses, damages for inability to work and compensation for material damages
  • Compensation for immaterial damages for emotional distress following the death of the passenger

In case of injury, the injured passenger can collect compensation for material (cost of treatment and loss of work) and compensation for immaterial damages.

In terms of liability in international flights, the rights of injured parties are guaranteed by international conventions such as the Montreal Convention, Warsaw Convention, and Hague Protocol.

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