Serious Injuries from Car Accidents
Car accidents have many forms, such as head-on collisions, rear-end collisions, sideswipes, single-vehicle crashes, and rollovers. But whatever kind of car accident you experience, it does not change the fact that you are likely to sustain serious injury if the accident is forceful enough. Worse, there may even be fatalities.
According to the website of these Brownsville car accident attorneys, those who have been hurt because of negligent drivers may take legal action, like trying to get compensation for the damages they have sustained.
The head is a very vulnerable body part when it comes to car accidents. Vehicle occupants may hit their head on hard surfaces, like steering wheels, roofs, windshields, and pavements. They may also be hit by debris, such as loose vehicle parts, glasses, and rocks. These may result into face disfigurement, skull fracture, and brain damage.
Accidents happen unexpectedly, so the occupants of the vehicles involved will likely have relaxed bodies. If the neck is in a relaxed state, it may get damaged on the sudden shaking of the vehicle upon impact, resulting into neck fracture or whiplash. Neck problems are particularly dangerous on head-on collisions, rear-end collisions, and T-bone accidents.
Back injuries can be sustained the same way as neck strains. The back of vehicle occupants, when caught in a relaxed state, can be damaged because of the jolt of impact. Rear passengers can also be at risk on devastating rear-end collisions, where another vehicle has pierced through the rear end of their car. The worst back injuries involve the spinal cord, as it may cause sensory and motor problems.
Airbags, seat belts, and other safety devices can save your life, but they don’t necessarily defend you from all possible injuries. In fact, they may even contribute to damages. High-impact accidents, combined with effective restraints such as seat belts, may have enough force to damage the chest area. The worst damages involve broken ribs, and how they may affect the heart and lungs.
Swimming pools are fun. They help you counter the heat, enjoy under the sun, and have quality time with your family and friends. But sometimes, even fun things can be very dangerous.
Swimming pool accidents are not that uncommon. When you look at it, a swimming pool is not the safest place to be in. There are a lot of factors that may not go your way, and that may result to injury or death. Below is a list of the common causes of swimming pool accidents.
Impairment or lack of swimming skills
Alcohol and drugs can have physical effects, including comprehension and coordination issues. These issues may result into the victim not being able to properly make decisions in the pool area and cause an accident to himself or the others around him.
Not knowing how to swim is also a major factor in many swimming pool accidents, primarily because the victim will not be able to save himself.
Lack of adequate barriers
Owners should have the responsibility of making their swimming pools not too accessible, and the best way to do this is by putting barriers or fences around the pool, to prevent easy entrance from children and other people who can be very vulnerable near water.
Having a barrier or fence is not enough. Owners should also make sure that these are actually strong and high enough, or else we might be seeing a drowning accident in the area.
Lack or improper use of signage
There should be proper signage and warnings in and around the pool to inform patrons of possible dangers. These may include reminders of not diving on shallow waters, not running on the edge of the pool, or signs that indicate the depth of water in a particular part of the pool.
The absence or improper use of these signs put unsuspecting swimmers at risk, especially those who lack swimming skills and those who have the tendency to be reckless on the edge of swimming pools.
Defective design may refer to unintelligent design of the swimming pool or a malfunction in its components. Defective designs may include pool drain issues, sump pump issues, and other problems that may be a sign of failure to comply to reasonable safety standards.
According to an informative article on the website of Russo, Russo & Slania, P.C., swimming pool accidents are covered in product liability laws. But you should also remember the fact that swimming pool accidents can still happen because of your own doing. So in the end, your first line of defense against swimming pool accidents is diligence.
It isn’t surprising that most individuals with criminal records find it difficult to get back on their feet and pursue better opportunities. One’s personal reputation will often take a serious hit due to any criminal offense, whether or not the individual has done what they can to accomplish their mandated penalties. Having any criminal offense on your record can hinder employment and educational prospects, as well as your ability to take out loans or move into a new place of residence.
One way you can overcome this extreme prejudice is by petitioning for a legal process called expunction. According to the Texas Code for Criminal Procedure, individuals that meet a certain set of qualifications may be afforded the privilege to have their records cleared of offenses that could seriously hinder their ability to move forward and become productive members of society.
In general, expunction in Texas is typically granted to individuals that have been charged but not convicted of a crime, or those that were convicted of misdemeanors and other minor offenses. There are, however, special circumstances that allow individuals who fall outside these criteria to still be able to pursue an expunction petition. For example, individuals that have been wrongfully convicted of crimes, as well as those that committed certain juvenile offenses, are entitled to have their records. In some cases, Texas law also allows individuals with certain kinds of felonies to pursue expunction. However, it should be expected that individuals that were found to have committed grave crimes won’t qualify for expunction.
Overall, record expunction is a legal avenue that could prove useful to many individuals. Considering that any record of a criminal offense can do plenty of harm to someone’s lifestyle and reputation, the fact that the law provides such an option is important to know. If you think that expunction may help you in your current situation, do not hesitate to consult with a criminal law attorney to learn more about how you can clear your criminal record.
Road Defects and Motorcycle Accidents
One of the biggest advantages of a motorcycle compared to a car is maneuverability. It allows the rider to ease pass the traffic and reach their destination in the quickest possible way. But while it is more convenient than a car, motorcycles also place riders at a greater risk of getting involved in an accident. The website of Karlin, Flrisher & Falkneberg, LLC reveals that motrocyclists are more susceptible to road conditions than their counterparts.
There are different kinds of road conditions that can put in danger a motorcycle rider. A loose gravel from a construction project or a deep pothole can make a motorcycle wobbly and cause the driver to lose control. No matter how safe you drive, you will remain at the mercy of road conditions. Other conditions that may impact motorcycle accidents include confusing, damaged, or missing signs, lack or poorly placed traffic signals, blind curves, and others.
So who can be held liable for injuries or fatalities due to poor road conditions? The main agency tasked to assist state and local governments with guidelines for the safe design and construction of roadways is the Federal Highway Administration. It monitors accidents and inspects accidents where road designs, maintenance, and other defects were the main cause.
Accidents due to road conditions are governed by the theory of “sovereign immunity.” Under this principle, governmental bodies are immune from lawsuits by private individuals. However, if a government entity acted highly negligently or recklessly in performing their duties, they can be held liable for accidents. Likewise, if a stretch of road has been deemed unsafe and the agency responsible for it did not take action within a reasonable timeframe to rectify that hazard, they can be liable to the victims.
With a motorcycle accident, the statute of limitation is much shorter than a car accident. Whereas other accidents involving motor vehicles have a limitation of 2 to 5 years, the statutory period for motorcycle claims is less than six months.
Assault may be defined as an intentional act that places another person in fear of physical harm that he or she is about to suffer. This definition actually implies that the actual physically harm need not be inflicted and that causing another person to fear its possibility is already an act deserving of punishment. But, while assault remains to be a threat, the actual physical harm on another person is what constitutes battery. Before, assault and battery were treated as separate crimes, with battery more considered as “completed” assault. These days, however, many modern laws no longer distinguish between the two crimes, with assault already referring to crimes of actual physical violence.
State laws vary greatly with regard to penalties and sentences for an assault and/or battery conviction (it is possible for a person to be convicted only of assault without battery, such as when he or she raises his or her fist in a threatening manner, but without actually throwing a punch. In like manner, a person may be convicted only of battery without assault, such as when he or she pushes or punches someone else from behind). Conviction may include fines and/or imprisonment, depending on how severe the offense is and the criminal history of the offender; thus, repeat offenders will most likely receive stiffer penalties. Stiffer penalties will also be meted out on offenders whose victim is a public servant (like a police officer, a firefighter, a paramedic or a teacher), a family member, or a person living with the offender.
Assault (or simple assault) is considered a misdemeanor crime; however, if an offender threatens another individual with a weapon of any kind or with the resolve to commit a serious crime, like rape, then this shall be considered as aggravate assault, which is a felony. Likewise, an assault committed against a person with whom the offender has a relationship is considered an aggravated assault or a felony. A person, on the other hand, commits an aggravated battery if he or she accomplishes it using a deadly weapon, or if he or she has intent to commit murder or other serious harm.
Assault and battery, though intentional, still falls under the scope of personal injury law or tort law, thus, allowing victims to file a lawsuit in a civil court. Through this civil lawsuit, victims can seek compensation for injuries and other damages resulting from the incident.
The defendants in an assault and battery civil lawsuit case, however, as made clear in the website of the Charleston personal injury lawyers of Clawson & Staubes, LLC: Injury Group, may not only be the offenders themselves. According to the website, “owners and operators of businesses, bars and restaurants, security firms, and even the employers of assailants” can also be held responsible if the assailants were “acting in the course and scope of their employment.” Thus, in the event of an assault and battery crime, it may be in the best interest of the victims to seek legal help from experienced personal injury lawyers for the proper investigation of their cases and for guidance in pursuing legal action that will help them seek the compensation they may have a right to claim.