All You Need To Know About Vehicular Homicide

Being able to drive a car entails a lot of responsibility on your part. When you are on the wheel of your car, you have to be in control and on top of the traffic situation. However, when you are intoxicated while driving you lose your ability to control and focus on what is happening on the road. Chances are you can get into an accident and one of them is vehicular homicide.

The website of The Horst Law defines vehicular homicide as a Class B felony. It happens when a driver who is arrested has a BAC of more than 0.08 caused a fatal accident. Vehicular homicide is known by many names. In some states, the charge is manslaughter or murder depending on the circumstances. Whatever is the name, it all points to negligence on the part of the defendant causing the death of another individual.

In vehicular homicide, the prosecutor will have to show that their client violated some laws which resulted to the death of another person. Even a minor misdemeanor infraction is enough to convict you of vehicular homicide. Again this will vary from one state to another. A vehicular homicide case does not require proving intent to cause injury or death. The lawsuit is based on negligence or gross negligence. This means that the death of the victim was due to the carelessness or reckless disregard for the safety of others.

There are many factors that lead to vehicular homicide and one of them is DUI or DWI. To win a case, your lawyer needs to prove that the manner of driving by itself is negligent. Proof should focus on the manner of driving the cause of death and that the driver was intoxicated. Depending on your state, the penalties may vary as well as the prison term.

Motorcycle Accidents: Not Just Caused by Negligent or Reckless Drivers

According to the National Highway Traffic Safety Administration (NHTSA), fatal motorcycle accidents from 2012 to 2014 were 4,986, 4,688; and, 4,295 respectively. Injuries during those same years were; 93,000 in 2012; 885,000 in 2013; and, 92, 000 in 2014. Surprisingly, in 2013, more than 1,200 of those killed in motorcycle accidents were alcohol-impaired, with a blood alcohol concentration (BAC) level of 0.08% or higher.

While no one would deny that motorcycles are fun to ride, much more economical than cars and that most can even run as fast as cars. No one can also deny, though, that, compared to cars, motorcycles are much more dangerous because these do not provide riders any protection from the force of impact during collisions. Due to this, riders are always vulnerable to severe injuries, even death.

One problem concerning motorcycle riders is that many of them never received formal riding education, learning how to ride only from friends or kin. Riding a motorbike, however, is not just about balancing and knowing how to maneuver it through traffic; learning how to ride it safely is the first and foremost thing of importance.

A motorcycle accident can either be a single or multiple vehicle accident. Single motorcycle accidents do not involve any other vehicle. Due to this, riders are often pinpointed as the ones at fault – that the accident occurred due to their own carelessness or recklessness. Single vehicle motorcycle accidents are also the most common type of motorcycle crashes. The usual reasons why this type of accident happens are alcohol-impairment, riding too fast despite poor weather conditions, failure to maneuver or brake properly, especially when rounding a corner, or failing to notice potholes or other slippery road debris: in any of these situation, it is not uncommon for motorcyclists to lose their balance and crash into road fixtures or get thrown off from their bikes.

Multiple vehicle accidents, on the other hand, involve another motor vehicle. Though this type of accident is less common, its results, however, are usually more severe. Most multiple-vehicle crashes are due to motor vehicle drivers failing to notice approaching motorcyclists or denying motorcyclists their right of way.

Injuries due a motorcycle accident are sometimes serious enough to alter a rider’s life. Nothing can be more painful, however, if an accident is actually a result of someone’s reckless or negligent behavior. Negligence or recklessness, however, are not committed by motor vehicle drivers alone. As mentioned in the website of the Sampson Law Firm, even municipalities or construction companies can be guilty of this act if they fail to to maintain safe roads, or even manufacturers if a motorcycle proves to be defective. Determining the real party at fault can present challenges in many instances.

Importance Of Filing An Injury Claim After An Accident

Motor vehicle collisions are among the most prevalent causes of death within the US. Despite the many warnings, large fines, and advocacies regarding safe driving, the National Highway Traffic Safety Administration (NHTSA) reports that in 2013, an estimated 32,850 folks have been critical subjects of automobile accidents. Despite the requirement of motor insurance, many patients still suffer from economic worry after a serious accident. There are lots of reasons why there is an individual injury claim rejected by an insurance company. Listed below are one of the most popular causes.

Despite the extent of the accident, a personal injury claim may be rejected by an insurance company simply because they genuinely believe that the accident could have easily been eliminated. Which means you may have done something that may have caused or generated the collision. Responsible activity in your part can make the insurance plan protection unproductive, and would consequently forfeit you to any insurance or payment benefits. Instances such as these could generally require the help of your own injury lawyer to clear concerns, especially if you believe you didn’t do something incorrect.

Another reason for a rejected injury claim may be the probability that complaint or no record was ever made or provided just after the crash occurred. According to the website of a Madison injury attorney, it’s required to record a report and seek treatment immediately after the incident in order to have it properly noted and to have medical files that would assist as evidence of the accident and the expenses which were charged to recuperate. Delaying therapy or statement of the accident might destroy your personal injury claim as it would appear in order to attain rewards or payment the injuries were merely made up or just overstated. Addressing a healthcare facility the first moment possible is of the most value.

On the topic of documentation, additionally, there are times where a personal injury claim is declined since the medical files offered did not indicate discomfort or injuries suffered by you. For this reason, it’s significant again to immediately find a cure so that you will be able to have appropriate paperwork. Along these outlines, having a previously healthy condition also can cause a personal injury claim to be denied. The other party may argue that the pre-existing health problem may have been the reason for the injury, rather than the accident. This is why legal representation is important.

Being declined on personal injury state can be crippling to your state that is fiscal, but in addition for your health as well. When you genuinely think that you deserve to get payment for that incident and are not guilty, consider employing an individual law firm who recognizes the guidelines related to these sort of torts and learn how to represent your event and guard your rights in a court.

Adverse Xarelto Side Effects and Possible Legal Recourse for Affected Patients

In 2011, the U.S. Food and Drug Administration approved a drug that can help prevent deep vein thrombosis, the term used to describe blood clots that occur in a deep vein most typical in patients that have undergone hip replacement surgery. Over the next several years, the FDA began to approve Xarelto for other uses, as well. Today, the drug is generally used as a way to lower risks of blood clotting caused by cardiovascular issues and other medical conditions.

Xarelto is among the latest generation of anticoagulant drugs prescribed to patients facing increased risks of abnormal blood clotting. The drug, which is also referred to by its active ingredient rivaroxaban, works by regulating the production of the proteins that causes blood to clot. For healthy individuals, these proteins help prevent open wounds from bleeding out. However, for someone facing complications due to certain medical conditions, a blood clot can be particularly dangerous. Taking Xarelto and other similar medications have proven to be an effective way of mitigating such dangers. Unfortunately, there have been talks of particular side effects that may prove that Xarelto isn’t as safe as its manufacturers have once claimed it to be.

As noted on the website of Williams Kherkher Law, the FDA recently announced that the use of Xarelto should not be permitted for patients of acute coronary syndrome. This decision was due to the fact that the side effects caused by the drug are known to exacerbate particular symptoms of the condition. Even when a good number of patients find that Xarelto is an effective way to address their issues with abnormal clotting, special circumstances such as the one noted by the FDA can lead to more adverse side effects such as severe gastrointestinal bleeding.

While it may prove effective for some patients, taking Xarelto is also known to cause considerable harm to others. Patients would be able to avoid these harmful side effects if manufacturers are more upfront about their products.

What is Deep Vein Thrombosis?

Deep vein thrombosis occurs when blood clots form in veins, preventing blood flow and causing swelling and pain. This usually occurs in limbs, such as the arms and legs. These blood clots are a danger as they may unlatch and move towards the lungs, a medical condition known as a pulmonary embolism.

The condition is most common during the recovery process after surgery. Individuals are less likely to be physically active and may be bed ridden during this time, increasing the risk of blood clots because of lessened blood flow. To treat this risk, physicians prescribe anticoagulants such as Xarelto to thin the blood and encourage blood circulation.

The most common possible complications of deep vein thrombosis are pulmonary embolisms and postphlebitic syndrome. Potentially fatal pulmonary embolisms are caused when blood clots prevent blood flow to the lung. Symptoms include shortness of breath, chest pain, rapid pulse, and coughing up blood.

Postphlebitic syndrome is the more common side effect of deep vein thrombosis. This medical condition occurs when a blood clot damages veins around the affected area. Symptoms of this may include swelling of the legs, pain, skin discoloration, and skin soreness.

Xarelto, a popular blood thinner released by Johnson & Johnson and Bayer, was originally used to treat deep vein thrombosis in patients. According to the website of Williams Kherkher, the drug was created to prevent blood clots after knee and hip surgeries. However, it was found that the use of Xarelto increases bleeding risks in its patients, leading to a number of serious injuries and fatalities.

If you or a loved one suffered damages due to Xarelto contact a personal injury lawyer in your area to discuss your legal options. You may be entitled to compensation for medical bills, lost wages, and other damages that the manufacturers of Xarelto caused.

Enter the Winchester Mystery House

If curiosities and thrills are what you seek, you need not look for much longer once you hear about the famous Winchester Mystery House located in San Jose, California.

As legend would have it, this family business led to Mrs. Sarah Winchester believing that by continuously constructing her mansion in eccentric ways, it would confuse the spirits that she so believed haunted her every move. Shocked after the trauma of losing her child and husband so quickly, she spent most of her inheritance into the building of this extravagant mansion that is the epitome of elegant yet incredibly intriguing Victorian era architecture. She followed the advice of a medium and resorted into having regular séances in order to know what changes to make and what further rooms to build. With no blueprints and no real tangible guide, this is a house that will never lack in peculiarities and surprises.

Now, there are tours available for guests to be escorted through 110 of the 160 rooms in order to see the many oddities that were installed in the house upon its relentlessly continued construction such as windows on the floor, doors and staircases that lead to nowhere, and other such curiosities. There are many unsolved mysteries that are woven with this great house and when touring the area, it is advisable that guests are encouraged not to stray from the tour. After all, this is not a mansion called a “house built by spirits” for nothing… and, as the place is quite enormous, it could be several hours before you are found!

Appease your senses, delight your curiosity, and see these wondrous things for yourself by entering this one of a kind house of mystery!

Divorce by Publication in North Carolina

An unusual type of uncontested divorce is divorce by publication. Generally, this is an action that applies when one spouse is missing and cannot be located. In North Carolina, in order to file a divorce by publication, the petitioning spouse will have to convince a judge that his or her spouse cannot be located despite good faith efforts to find the missing spouse.

This is a type of divorce that is not encouraged by North Carolina courts, and is considered an action of last resort. The petitioning spouse will have to go through what is called a “diligent search” which includes but not limited to:

  • Scouring the telephone books and directory assistance in the areas where the petitioner lives and the respondent’s (missing spouse) last known area of residence
  • Requesting friends and relatives for information about the respondent’s whereabouts
  • Investigating post office records, tax records, and property assessor records for a forwarding address or any owned property
  • Checking with the Department of Motor Vehicles for registrations in the name of the respondent

An Affidavit of Diligent Search will detail and attest to the fact that the petitioner had pursued all possible avenues to locate the respondent. When this has been complicated to the court’s satisfaction, the petitioner can then file a Divorce by Publication as described in North Caroline Rules of Civil Procedure.

This is initiated by a Notice of Service of Publication, which is typically published once a week for three weeks in the county where the divorce was filed. A copy of the notice is also sent to the last known postal address of the respondent, which is attested in an Affidavit of Service by Publication signed by an authorized representative of the publication. This gives the respondent 40 days to respond. No response within that period releases the court from any obligation to require the presence of the respondent in the divorce action, which is then considered uncontested. To know more about it, check and ask for an initial consultation.

« Older Entries