Posts by Ross

The CDC’s Blood Alcohol Concentration Measurement Chart

Posted by on Jul 26, 2017 in Car Accident | 0 comments

In the book, “One for the Road,” author Barron H. Lerner, MD, PhD, says that Americans love drinking and driving since are both are embedded in the nation’s culture. This may probably be the reason why many Americans still drive while under the influence, despite the risk of a DUI or DWI charge that is accompanied by heavy fines and imprisonment.

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal charge, whether the charge be a misdemeanor (for first time offenders and without causing any property damage or physical injury) or a felony (imputed on repeat offenders, or first time offenders whose blood alcohol concentration (BAC) level is way above the 0.08% limit or who accidentally injures/kills someone) .

Based on a blood alcohol concentration measurement chart released by the Centers for Disease Control and Prevention (CDC), the following number of beer bottles would result to the following BAC level:

  • 2 bottles of beer = 0.02% BAC
  • 3 bottles of beer = 0.05% BAC
  • 4 bottles of beer = 0.08% BAC – the BAC limit in all US states
  • 5 bottles of beer = 0.10% BAC
  • 7 bottles of beer = 0.15% BAC

This measurement caters to a 160-pound man who consumes the indicated number of bottles of beer within one hour. Since individuals have different tolerance level to alcohol, there are those who would already experience slower reflexes even after just two bottles.

Based on CDC records, more than 1.4 million drivers were arrested in 2010 due to driving under the influence of alcohol or illegal drugs; the number of deaths due to alcohol- impairment was 10,322 in 2012 and 10,076 in 2013.

According to John Michael Bailey injury lawyers, driving is already a dangerous enough activity, so adding drunk drivers to the mix can be devastating. Unfortunately, there are certain individuals who do not take safe driving seriously and, as a result, cause terrible accidents in which innocent individuals can be seriously harmed or even killed.

Even in Canada, says the law firm Mazin & Associates, PC, Drunk driving accidents are, sadly, very common. When a person carelessly decides to drive after drinking, they not only endanger themselves, but also everyone else on the road. Drunk drivers have impaired judgment and are unable to respond quickly and make split-second adjustments on the road. This slow response time often leads to horrible collisions and severe injuries.

 

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What Benefit is there to Reckless Driving?

Posted by on Jul 25, 2017 in Personal Injury | 0 comments

That reckless drivers are good drivers may very well be true. It requires great driving skills, anyway, to be able to weave through traffic, more so, to counter its flow. Besides the possible great driving skills, reckless drivers also possess a couple of other things that many other motorists do not (and hopefully will never) have: the willful and wanton disregard for the safety of persons and properties.

Reckless driving is nothing more than sheer lack of respect for others and the law. They know very well that behaving recklessly on the road is very dangerous, yet they do it. And while anyone can choose to be reckless while behind the wheel, records from the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) show that the ones most prone to this irresponsible behavior are drivers aged between 16 and 19. Every year, as many as 292,000 teen drivers are given emergency treatment in hospitals due to injuries, while about 2,650 others never get to see a new day again.

One example of this deadly behavior is the fatal accident that occurred on April 22, 2015, wherein a Toyota Prius that was driven by a female teen, collided with a truck that had three foreign senior citizen passengers. The accident occurred before 2:30 a.m. along Highway 50 near Stockton Boulevard in Sacramento. The accident claimed all four lives – the three men, as well as that of the female teen driver who was driving drunk and on the wrong side of the highway.

Accidents and injuries due to reckless driving are totally preventable since people know and can control what they are doing. Often, victims and their families, as well as traffic enforcers can only wonder why some individuals drive recklessly.

According to the law firm Karlin, Fleisher & Falkenberg, LLC, people who willfully operate their vehicles with such complete disregard for the safety of others cause some of the most dangerous accidents imaginable. That being said, reckless drivers may be held financially liable for all the pain and suffering they cause.

In the event of an accident, however, a Houston injury attorney tells victims to keep in mind that insurance companies will find ways to pay as little as possible for your injuries. They are not in business to be fair to you; thus, make sure that you do not accept the settlement that they offer.

 

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Possible Causes of Cruise Ship Accidents

Posted by on Apr 26, 2017 in Cruise Ship | 0 comments

About 11 million Americans (close to 20 million counting other nationalities too) treat themselves to a luxurious holiday vacation to an exotic destination aboard a cruise ship every year.

Since the 1980s the cruising industry has been successfully transforming sea travel from a fun to a totally wonderful experience for all passengers and crew. This is why vessels have been, and are being, designed and equipped with all the facilities that would provide and ensure all the fun and comfort that modern living can offer.

Unlike old liners, many modern cruise ships can now accommodate more than 3,000 passengers (the Allure of the Seas, the biggest ship built thus far, can carry more than 6,000 passengers and crew per voyage). But as everyone on board may have his/her share of all the fun and excitement, questions about safety continue to remain a major issue, as crimes, like sexual assaults and murder, and major accidents still happen.

Besides mechanical failure that often lead to cruise ship fires, a ship running aground or crashing against rocks or icebergs resulting to a gash that allows water to flood in, sea storms, rogue waves or human error that may cause a liner to capsize, sink or get stranded in the middle of the sea, there are many other factors on board, which can cause passengers injury or even death.

One major factor that worsens emergency situations is the lack of training of crew members, including medical staff, during emergencies. Though cruise lines are willing to spend huge amounts of money on things that are tangible to passengers, like having a gym, multiple pools, great food, fine dining areas and onboard activities, thoughts of spending to enhance safety features, train crew members and the likes, are often left out.

According to cruise ship injury lawyers with the Vucci Law Group, P.A., passengers need to understand that if they get injured on a cruise ship, seeking compensation is so much more complicated than if the injury were sustained on land, like in a car accident. Injured victims can file a lawsuit, but only in the specific court indicated at the back of their passenger ticket (usually the U.S. District Court in the Southern District of Florida). Making sure, therefore, that they are represented by a highly-qualified and experienced cruise ship injury lawyer, who will never back down until their rights are recognized by the court, may be an absolute necessity.

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Why Car Accidents Occur

Posted by on Feb 3, 2017 in Automobile Accidents | 0 comments

Car accidents happen because of many reasons, but some reasons are more common than others. Below is a list of the most common reasons why they occur. It is important to know these reasons so you can avoid them and prevent traffic accidents.

Driver Error
Errors on the part of the driver are one of the most common causes of traffic accidents. The error can come in many forms, such as failure to follow traffic rules and regulations, poor maneuvering techniques, particularly in changing lanes and turning, and not being mindful of the other motorists around them. Errors can be unintentional, but it doesn’t change the fact that it can be a form of driving negligence.

Driver Recklessness
If errors can be unintentional, recklessness are often deliberate. Drivers tend to distract themselves because they are too complacent that nothing bad is going to happen. They use their mobile devices, eat snacks, and daydream. These things put their eyes off the road, hands off the wheel, and mind off the act of driving. They drive while under the influence of alcohol, speed, and participate in street racing. This problem is serious enough that there are legal professionals out there who help those who have been injured by reckless drivers, such as this Destin car accident lawyer.

Vehicle Defects
Equipment defects, such as in airbags, tires, seat belts, door latches, and mirrors, are known to cause accidents as well. Sometimes, defects occur because of the driver’s poor maintenance of their vehicle. But there are known instances where the manufacturer itself is to blame for its defective products. This is a more tragic case, because an unsuspecting driver may be involved in an accident despite his diligence.

Road Hazards
Sometimes, the road and its elements become the cause of accidents as well. The most common elements are defects, such as potholes, improper drainage systems, debris, tree branches, crossing animals, and other possible obstructions. Malfunctioning traffic lights and poor street lighting are also known to cause collisions.

Weather Conditions
The weather is one of the most overlooked causes of car crashes. Rainy weather can make the road more slippery, potentially triggering an accident. Fog and snow may affect the visibility of the area, which is important to avoid colliding with other motorists and other obstacles such as barriers and guardrails.

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Protect Workers against Work Place Accidents and Injuries: An OSHA Mandate to Employers

Posted by on Dec 13, 2016 in Workers' Rights | 0 comments

Accomplishing more in much lesser time is one of the greatest challenges construction firms need to face to keep up with the demands of progress. With buildings becoming bigger, taller and more intricately designed, however, work becomes more demanding and more dangerous. Many construction firms, as a consequence, also require workers to render longer work periods – an employer requirement that posts threats to workers’ health and safety.

Risk of accidents and injuries in construction sites are increased due to the presence of dangerous tools and heavy machinery, like cranes, concrete mixers, forklifts, bulldozers, loaders, caterpillars, excavators, crawlers and road rollers. Though these machines make construction tasks easier and faster to accomplish, their huge size and wrong operation, especially if the operator is untrained or careless, can result to disabling or even fatal injuries.

Due to increased risk of accidents and injuries construction workers get exposed to every day, the U.S. Congress passed into law (in 1970) the Occupational Safety and Health Act (or OSH Act). The Act aims to: ensure all working men and women of safe and healthful working conditions; assist and encourage the States in their efforts in ensuring safe and healthful working conditions; provide for information, education, research and training in the area of occupational safety and health; and, authorize enforcement of the standards developed under the Act. Enforcement of these standards has been delegated by OSH Act to the Occupational Safety and Health Administration (OSHA), which was created in 1971.

OSHA’s efforts in enforcing health and safety standards in the workplace have significantly reduced the number of job-related injuries and death since its creation in 1971; however, it was not enough to totally eliminate accidents in the workplace. Thus, the U.S. Department of Labor continuously received reports of injuries and, sometimes, deaths due to accidents. Based on results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics, fatal work-related accidents totaled to 4,585 in 2013; in 2014 the number of deaths went up 2%, registering 4,679.

Fatal accidents in construction sites include workers being struck and killed by a forklift or other heavy machinery, being struck by falling objects, electrocution, and falls, which frequently occur while workers are on ladders or scaffoldings. To promote worker safety and maintain a healthy work environment, the Federal OSHA enforced two safety standards:

  • Provide workers with personal equipment (such as helmet or hard-hat, eye protection, special goggles for welders, gauntlets for iron workers, hearing protection, and hard-toed shoes) that are designed to offer protection against certain hazards; and,
  • Make sure that workers, especially those tasked to operate and use heavy equipment or machinery, are effectively trained.

In the event of an accident resulting to injury or death, a January 1, 2015, OSHA Standard mandates (OSHA covered) employers to report the incident to OSHA within eight hours of learning of the event.

According to Dallas personal injury lawyers at The Benton Law Firm, work-related accidents resulting to injuries or death entitle workers or their families (in case of worker’s death) to file a claim with their state’s Worker’s Compensation Insurance office. Financial benefits, however, are often too small or delayed, that is if the application for claim is not rejected. Besides these, the Worker’s Comp also restricts injured workers from further pursuing legal action against their employer.

Under certain circumstances, however, this Worker’s Comp’s provision may be ruled against by a court, especially in cases where the injury is too severe or fatal. With assistance from a highly-skilled personal injury lawyer an injured worker or his/her family may be able to pursue the best legal option available that will enable him/her seek compensation from the his/her employer.

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