Personal Injury Law Blogs

4 Rhode Island Drunk Driving Questions We Needed to Answer

rhode island drunk driving accidents

Rhode Island drunk driving accidents are unfortunately very common. Areas like Providence, Warwick and Cranston in particular routinely see drunk driving accidents. Many of these accidents are heart wrenching, tragic situations that can be difficult to discuss.

Over the past 22 years our firm has received many questions from people who have been touched by Rhode Island drunk driving accidents. While these questions are difficult to address, we believe it is important to answer them.

3 Ways You Can Help Keep Motorcyclists Safe

One of my primary objectives as a motorcycle accident lawyer is to not just settle cases, but to help individuals prevent motorcycle accidents in the first place.

Often times a motorcycle accident is not caused by the motorcyclist themselves. Other automobile drivers are typically the  cause. Most of us have never ridden a motorcycle and probably never will. Yet each of us will encounter motorcycles while driving on  highways and back roads, which means we all have a responsibility to watch out for people who do ride motorcycles.

Medical Negligence Scars Hospital Records Leaving Behind Distressing Injuries after Childbirth

Tackling postnatal trauma is itself a challenge for the new mother because of physical and mental complications. According to a birth injury attorney when a stab of pain is added to the already-difficult situation in the form of child birth injury, it takes its toll on the joys of motherhood. Especially, when such injuries have long standing repercussions, it leaves behind a trail of possibilities of medical conditions for both the newborn and the mother. Sadly, the rate of accidents and negligence during delivery is alarmingly high in the UK hospitals, with an estimated count of over 6,204 people getting victimized by such injuries yearly.

Though the count is still a minority, the lasting injuries they are left behind with are nonetheless difficult to deal with. Studies say that some women who have undergone childbirth injuries find it difficult to have intercourse post-delivery because it gets too painful because of internal wounds. Some working mothers have failed to return back to work because such injuries have left them impaired to be functional. Obstetric fistula is one of the major developments following birth injuries in women that cause to develop an aperture between their vagina and rectum. The fissure leads to incontinency thus causing the patient to have no control over excretion of any kind. Colostomy is the only way of dealing with this problem, though success is variable.

Patients undergoing normal delivery also suffer from multiple vaginal injuries due to overstretch of the perineum. However, even when the experience is not close to comfortable and in many cases life-threatening, it is the job of a gynaecologist to ensure that the pressure is kept limited by exercising extreme care. Episiotomy is the often practised to ensure that the infant is not harmed in any way because of the constriction of the vaginal passage. Sometimes, due to negligence or inefficiency of the doctors, patients undergo a tear in their passage that leads not only to bleeding, but serious discomfort in the future.

Though patients are sutured, the impacts tend to take a toll on the sexual health of the patients. Cases of people dying of ruptures in their uterus are not rare. One of the worst and heart-wrenching cases of medical negligence is a stillborn baby. If a lady in labour gets a delayed delivery, they might give birth to a deceased baby which is equally detrimental to the physical, emotional and mental health of the mother.

As for the babies, those born with cerebral palsies bear evidence of the poor health standards of the hospitals and medical inefficiency of the assigned members of the staff. It is jaw-dropping to think that a national hospital like the NHS alone pays a sum of 17.5 billion for medical negligence claims, a fund they reserve only to compensate those they have mistakenly wronged. A childbirth injury can leave your child crippled for a lifetime, physically deformed due to tactless use of forceps and brain injured because of inappropriate use of suction power during the delivery.

Medical-Negligence.com can help you get compensated deservingly through legal pursuit.

Handsfree and Texting Behind the Wheel More Dangerous than Drink Driving?

Researchers have found that writing text messages behind the wheel – and even using your hands-free set – could be just as dangerous as drinking and driving. Quickly sending a message to friends and family puts you at serious risk. While communicating with others, your driving performance suffers as much as those who are 25% above the legal drink-drive limit.

Having deep conversations which require thought makes driving dangerous, says the study, released by the Traffic Injury Prevention journal. Simple dialogue, through a hands-free set, may not pose the same risks, however. So if you want to stay safe, leave the heavy discussions until you’re out of the car.

Should We Throw Away Our Hands-Free?

Researchers haven’t claimed that hands-free sets should be scrapped, but in light of this study, some believe that they should be analysed further, and regulated.

The Research

In an Australian study, 12 healthy students with a driving licence were asked to complete a series of motor tests to assess their driving performance. The researchers were watching their reaction time, braking, speed deviation, and lane changing.

To ensure a fair test, anyone who habitually consumed alcohol was not allowed to take part in the test; nor were those who never drink. One test assessed their responses to simulated driving when they had no phone, talking with a hands-free, keeping-up with a demanding conversation, and texting. Scientists would create a conversation by engaging in discussion about an interesting topic, as well as query the driver, to make the dialogue more challenging.

On the second day, the volunteers were asked to drink alcohol to compare their reaction times etc. to their previous results, when communicating through texts or on the hands-free phone. In a driving simulator, participants had to reach speeds of between 40mph and 50mph – every time a lorry appeared, they had to brake.

To recreate the hands-free experience, volunteers wore headphones and a microphone. The results showed that most participants suffered from reduced driving skills when communicating – the equivalent of being 25% above the drink-driving limit. Simple conversations resulted in similar reactions to having a blood-alcohol level of 0.04. When the discussion grew more complicated, this increased to 0.07.

By far the worst result came from text messaging which had similar results to 0.1. You can drive in the UK under the influence of 0.08 (80 milligrams of alcohol in 100 millilitres of blood). Texting while driving accounts for as much as 25% of all motor collisions. On average, texting takes a driver’s eyes off the road completely for 4.6 seconds – you’re driving blind! Every day, texting while driving kills 11 teenagers.

Wait until you’ve stopped driving to send texts and pull over if you’re desperate to do so. Texting makes you 23% more likely to have a car accident, and with those odds, it’s not worth quickly sending a message to your partner. We’re sure they’d prefer you home safe and well.

If you have been involved in a driving accident and have been conflicted, support and advice on how to approach and deal with it is available from these motoring solicitors: http://www.drivingoffence.com

Simple Steps For Treating Whiplash After An RTA

It isn’t always clear what you should do when you think you’re suffering from a whiplash injury. Whiplash is where the head is ‘whipped’ around faster than the neck. The fast and harsh movement of the neck can cause the muscles and tendons to become strained. In many cases, multiple injuries involving both muscles and tendons occur, and when both collide, extreme agony is often unavoidable. Emphasis must be placed on seeking professional medical help as soon as possible – avoid self-diagnosis as this can sometimes result in the wrong treatment causing more long term damage. In some cases, individuals left with symptoms after a 2 year period may still not be fully cured of their injury.

Here are 8 clear steps you should take to put yourself on the road to recovery:

1. Go to the hospital A&E after the injury as soon as possible after the road accident

Whiplash injuries must be taken seriously and it is highly recommended that those who suffer pain following a vehicle accident looks for urgent medical assistance to ensure they give themselves the greatest chance of gaining a complete recovery.

In order to take care of whiplash injuries, it is important to consider the extent of soreness you are suffering. The majority of doctors will wait for at least 7 days after the injury before choosing whether to set up further treatment, such as physiotherapy, and up to that point may treat with medication to treat the pain.

2. Chiropractic care for spinal manipulation

There are different types of treatments which involve massage and manipulation in a comparable manner to typical physio. Examples include Chiropracty, Osteopathy and Acupuncture. Acupuncture will be expensive but many benefit for assisting in healing soft tissue injuries.

3. See a physical therapist for stretches and exercises

Physiotherapy requires stretching, shifting limbs and muscles both involuntarily and voluntarily. A program of treatments is usually carried out. More serious problems will get more rigorous and extended treatment sessions and pain killers will normally be prescribed throughout the physio process.

4. Massage therapy

Massage and manipulation helps to restore function and movement following a whiplash injury. You will probably be given a list of exercises to carry out at home from the physiotherapist after receiving therapy. A massage therapist will be referred from the doctor, as there is little a doctor can do to help except manage pain with medication. Untreated cases of whiplash can extend the problems, so therefore massage to damaged muscles will relieve painful symptoms. You may be able to see a specialist whiplash massage therapist as they will be well versed in treating hundreds of victims.

5. Apply ice to your neck for the first few days

This is the safest way to initially treat an injury that is less than 24 hours old, by closing the small blood vessels and reducing swelling. It can also benefit by calming nerves. Avoid putting ice directly onto the skin – this can cause frostbite – wrap it in cloth first.

6. Switch to moist heat to restore flexibility

After several days, using heat can relax the muscles once the swelling has reduced. Moist heat is the most effective, using hot packs – speak to your therapist about this. Apply for around 30 minutes , but don’t leave on too long and be careful pads aren’t too hot as they can burn the skin.

7. Limit your work for the first few days

Return to normal as pain allows – this can take weeks or more severe cases can be 6 months. Keeping going is important as the muscles need to remain flexible, despite any discomfort. NHS are now advising patients not to use neck supports as they restrict movement. It is important however to rest the neck, and avoid quick movements initially.

8. Take over-the-counter medication for pain relief

Ibuprofen and paracetamol are the best treatments for pain relief, however, for more severe pain the doctor may prescribe a stronger painkiller such as codeine.

If your injury has resulted from a road accident then you might be able to make a whiplash compensation claim against the liable party. Such a claim may involve treatment program costs and medication fees. Nevertheless most individuals don’t have that benefit and would need assistance with identifying the most effective approach to support their treatment.

Your Legal Rights When Pulled Over

pulled over legal rights

Looking in your rear-view mirror and seeing the flashing red lights of a police car signaling you to pull over often causes immediate stress.  It may be even more worrisome if you are pulled over due to suspicion of drunk driving.  A MI drunk driving conviction can have serious, lifelong consequences.  In Michigan, as in other jurisdictions, driving while under the influence of alcohol is a criminal offense. A conviction may result in fines, community service, jail time, installation of an ignition interlock device, or revocation or suspension of your driver’s license.  Furthermore, you may lose your job, and your auto insurance rates will likely skyrocket.  The best way to effectively defend against a drunk driving charge is to understand and assert your legal rights when you are pulled over by a cop.

Know Your Legal Rights
When you are pulled over by a police officer for suspicion of driving under the influence, the police officer may request that you submit to field sobriety tests as well as a preliminary breath test.  Under Michigan law, you are not legally obligated to agree to a field sobriety test.  Declining to take a field sobriety test alone will not result in arrest, fines or license revocation.  Under the Michigan Implied Consent Law, all Michigan drivers give consent to the preliminary breath test.  Despite this implied consent, you may still decline to submit to a breath test.  However,  if you do decline, the police officer may charge you with a civil infraction that may result in a fine.

Should the police officer decide to arrest you for suspicion of drunk driving or any other offense related to the traffic stop, the officer is required to advise you of your legal right to remain silent.  This means that you are not required to and should not say anything potentially incriminating related to the traffic stop, the arrest, and your activities leading to the arrest.  If, for example, the police officer asks you what you drank, or if you were at a party or bar, simply respectfully let the police officer know that you are asserting your legal right not to answer those questions.

Remain Calm and Cooperative
Your demeanor may have an impact on how you are ultimately treated by the police officer.  Be polite.  Follow the instructions of the police officer.  If you chose to decline a field sobriety test or a breath test, do so politely and respectfully.  Showing impudence, impatience, or anger will not help the situation and is more likely to raise the overall level of anxiety of both you and the police officer.  It may also strengthen suspicions that the police officer already has that you are indeed intoxicated.

Contact Experienced Representation
Cases involving drunk driving are very complex.  Should you find yourself in the unfortunate situation of being pulled over by a police officer and arrested for drunk driving or any other offense involving operating a vehicle while under the influence of alcohol or drugs, it is important to not only understand your legal rights and the consequences of asserting them.  It is also critical to quickly retain legal representation by someone experienced with drunk driving cases.

 

This guest post was provided by Paul J. Tafelski, a Michigan attorney experienced in DUI cases.

The Airbag Wars

In the rather short annals of the ubiquitous automobile, many wars have been waged in the interests of certain developments in the industry. At the beginning, it used to be over horsepower, then fuel economy and now in the name of all things, the number of airbags. Many cleverly composed magazine as well as television ads featuring automobiles frequently boasts about the number of airbags they provide in their cars as a highly competitive advantage and so reason enough to go out and buy them.

More Airbags do Not Mean More Safety

Here the evident allusion is that any car equipped with more airbags remains more secure than a car with fewer airbags. This signifies that an automobile having ten airbags has an edge on one that has only a mere six, in terms of safety. However, facts points to the contrary.

A car having six to eight airbags can secure the bodies of all occupants as carefully as one provided with 10. A long single head-protecting airbag placed on the side might provide the same coverage as three individual airbags.

Moreover, an airbag by itself cannot render a car safe. In fact, it is an intricate device that functions in tandem with an automobile’s metal body along with its seatbelts in order to safeguard the occupants. Airbags less in number, but superiorly designed, placed within the confines of a perfectly engineered car shell can function better than a plethora of airbags in cars that provide no protection of its own.

The Proof

The U.S. Government’s National Highway Traffic Administration in collaboration with the Insurance Institute for Highway Safety made a study of the topic and their crash test results more than prove this fact. The study found that vehicles that are not equipped with side airbags do not earn a high rating in the side crash test. However, some vehicles had to be satisfied with a poor rating even in spite of the air bags. This signifies that although air bags are crucially important, they by themselves cannot guarantee passenger-safety.

Kinds of Airbags

Front airbags: In a frontal crash, front airbags emerge from the dashboard in order to protect both the driver as well as the front passenger. These bags are legally required on every car. Interestingly, early airbags caused injuries and also a few deaths even in minor accidents. This was because, to open quick enough to safeguard the occupants, they opened with sudden force, causing injuries, particularly to little children or passengers who were not sitting sufficiently back from the dashboard.

Learning from past mistakes, most cars are now equipped with airbags that open in various  ways, according to what the sensors perceive about the position or size of the individual present on the seat. In case the sensors notice a child, or the individual is leaning forward, the airbags tend to swing open slower or take on a much smaller size.

Side Airbags

Side airbags protect passengers from getting hit from the side. Statistics reveal that these are extremely successful. According to data provided by the Insurance Institute for Highway Safety, airbags, protecting the occupants from their shoulders or below, bring down fatalities caused by side impacts by as much as 26%. In the same way airbags that protect heads lessen fatalities by an incredible 37 %.

Leg Airbags

As lives are increasingly saved by front and side airbags, leg injuries caused by head-on crashes have been receiving added attention. Some cars are now fitted with airbags under the dashboard in order to secure the legs and knees of occupants. However, David Zuby, Vice President Vehicle Research, the Insurance Institute for Highway Security, is doubtful about the efficacy of leg airbags as there is a lack of evidence to confirm that they protect occupants from leg injuries.

Byline

Johnny Rocko is a freelance writer who concentrates his energies on legal topics such as Car Accidents, Personal Injury, Intellectual Property, Criminal Defense, Civil Procedure and other areas as well.

Navigating through the Disability Benefits Maze

There are those out there who will claim that people receiving any type of government help are moochers, but as anyone who has submitted a long term disability claim and received benefits from the Social Security Administration (SSA) could attest to, being unable to work is no picnic. Sadly, once a person has ceded to the fact that they need disability benefits, they have a long and winding road ahead of them to receive this help. This makes it important for them to know the process and how to make it a bit easier on themselves.

Meeting Eligibility for Benefits

The first thing that a person should do to make the road to disability benefits easier on themselves is to ensure that they meet the eligibility requirements and speak to a social security attorney who can offer Disability Benefits Assistance. A person, for instance, must not have substantial gainful employment. This is considered work that brings in over $1,040 a month for the 2013 calendar year. Additionally, individuals must have a documented disability that is foreseen as lasting more than one year. There are several other requirements as well, and all of them can be found on the Adult Disability Checklist on the SSA’s website.

Getting Proper Documentation

While it’s possible to win cases without strong supporting evidence from medical professionals, it’s extremely unlikely. To make the application process go smoother, a person should get documentation from their doctor that speaks towards their specific disability. It’s not enough for a doctor to simply send a letter stating that they think a person is disabled; this is a decision the SSA will make. Specific causes and conditions should be mentioned in a letter from a physician.

Applying for Benefits

Applying for benefits may be one of the simplest parts of the whole disability claim process, but that doesn’t mean that acceptance will come easily. The application for benefits can be done at a local SSA office, but this requires making an appointment. Sadly, these appointments can take months to occur. The easiest way for a person to file is to visit the SSA’s main website and complete the Disability Benefit Application, the Adult or Child Disability Report and the Authorization to Disclose Information to the Social Security Administration. This begins the application process immediately. For assistance and to make the process easier you can contact a social security attorney.

Handling a Denied Claim

It’s a sad fact that the majority of initial disability claims are denied. This is often due to fraud prevention mechanisms that were put into the rules when the whole system was created. Sadly, this can lead to unfair denials of benefits. However, as stated on www.disabilitydenials.com, “If your claim for disability benefits was wrongly denied, that same claim – with proper legal representation – can be appealed and won.” A person, once denied, can immediately ask for a reconsideration from the SSA. Unfortunately, if they haven’t garnered any additional evidence to bolster their claim, they’ll likely face the same result.

The smartest thing to do after a denial is to hire a disability denial attorney. After two denials, a person’s only option is to file for an administrative court hearing. This means that benefits denials can turn into long and drawn-out legal issues. As with any legal issue, it’s pertinent to have a lawyer on one’s side. This becomes exceptionally true when it’s the government that a person is going against.

Applying for SSA benefits is often a disheartening and tedious process, but unfortunately, it’s one that many of us are forced to make. The only thing that a person can do is grit their teeth, wait for word from the SSA and try to make the whole process as smooth on themselves as they possibly can. Very rarely, the process may go easy from the start; other times, legal help may be essential. Regardless, the important thing is for a person to keep fighting for the benefits that they deserve.

Legal researcher Shelby Warden shares this information to help those who need to apply for disability benefits. The law firm of Marc Whitehead & Associates provides more detailed information on disability claim denials at www.disabilitydenials.com. The firm’s skilled attorneys help clients across the nation obtain the benefits they are entitled to.

Year in Review (2011)-Car Accidents

car accidents year in reviewIf you live in Alabama, you may already know that you are at a high risk of being involved in some kind of car accident at some point in your lifetime.  Alabama’s US Route 431, once made a “Dangerous Roadways” list and was coined “Highway to Hell”.  While some improvements have been made, the statistics show that driving in Alabama is still dangerous.  According to the University of Alabama’s Center for Advanced Public Safety (CAPS) annual “Crash Facts” report, a typical driver in Alabama has greater than one in three chances of involvement in an injury or fatal crash while operating a vehicle over their lifetime.  Whether you have been involved in multiple car accidents in Birmingham or a single-car accident in Homewood, you have become part of the projected 98 percent probability of individuals’ involvement in a car accident.

2011 Alabama Crash Facts: A Year in Review

Most all car accidents are preventable.  Whether an accident occurs because of a distracted driver, a driver making careless decisions, or traffic congestion, there is always room for improvement and safety precautions should always be followed when possible.  According to CAPS the following occurred, on Alabama roadways, in 2011:

–          In the 814 reported fatal crashes, 899 people were killed.

–          Every 247 seconds (or a little over every 4 minutes), a traffic crash was reported.

–          Approximately every 13 minutes, a person was injured in a crash.

–          Approximately every 9 hours and 44 minutes, a person was killed in a crash.

–          Of 377 fatalities, no seatbelt was used.  That’s 42 percent!

–          Most crashes occurred in urban areas (75 percent) while most fatalities occurred in rural areas (60 percent).

–          Of all drivers of fatal crashes, 8.3 percent were between the ages of 16-19 and 18.6 percent involved drivers under the age of 25.

–          49.6 percent of fatal crashes occurred at night

–          The pedestrian death toll was 84, motorcycle or moped rider fatalities were 97, and 5 bicyclists were killed.

–          For unrestrained front seat occupants, the probability of being killed is about 50 times higher than those who wear seatbelts.

–          The typical Alabama car accident occurs between vehicles or when a vehicle collides with a fixed object.

–          The most crash-prone day of the week is Friday with more fatal crashes on Saturday.  The most accident-prone period of the day is between the hours of 3 and 6 p.m.

In Birmingham, the number of crashes decreased between 2010 (9943) and 2011(9811), while the number of persons killed increased between 2010(29) and 2011 (42).  Additionally, the number of people injured decreased between 2010 (1931) and 2011 (1851).

Accident Factors

Driving under the influence of alcohol or drugs is an illegal and a danger to all drivers and passengers.  In 2011, 10,009 drivers were given DUIs.  DUIs and alcohol related crashes can be prevented if drivers take the responsibility to know when they’ve had too much to drink and abstain from getting behind the wheel.

While it’s hard to determine accurate statistical data for distracted driving related incidents, it is safe to say that at least 125 fatalities, 4,000 injuries, and 15,000 crashes occurred in Alabama in 2011.  Distracted driving occurs when a driver becomes inattentive to his/her driving and often cellphone usage and texting are to blame.  In August of 2012, Alabama passed a ban on texting while driving.

Looking at Alabama’s Crash Data, it can be assumed that there were some improvements and advances on the roadways, but there is always room for more.  Educating Alabama residents with startling statistics can be effective, but only if it becomes a catalyst for change and improving safer driving habits for all drivers.  As a driver, follow all the necessary safety precautions so that you become one less statistic on busy and dangerous Alabama roadways.

Company heavily fined after worker suffers serious injuries in fall from brick kiln

A company has been heavily fined after it breached UK health and safety laws.

This case demonstrates that companies should always take health and safety advice and employment law advice from expert professionals. A failure to apply proper health and safety standards in this particular incidence led to serious injuries to an employee.

A Cheshire-based company has been heavily fined by Darlington Magistrates Court after it found that it had committed serious breaches of health and safety which resulted in a potentially life-threatening injury to one of its employees.

Mr David Snow, 56, was working for Weinerberger Limited when the accident occurred on 18 January 2012. On the day in question Mr Snow was working as usual at the company’s brick-manufacturing plant in Bishop Auckland. He fell from the roof of one of the industrial brick ovens at the plant and suffered serious injuries to his skull and left leg, including a fractured skull and several breaks in his left leg. This resulted in Mr Snow having to undergo major reconstructive surgery and – a year later – still being unable to move without the aid of crutches or a wheelchair.

The accident happened on 18 January 2012 after Mr Snow, one of the kiln operators, had to climb on top of one of the ovens to release an exit door that had been jammed open since December 2012. As he tugged at the door he lost his balance and fell almost ten feet to the floor below, sustaining the above injuries. The HSE was notified of the accident and subsequently started an investigation. This investigation resulted in a recommendation that the company be prosecuted for a failure to adhere to health and safety regulations.

The matter came to court this week. Darlington Magistrates Court heard evidence that the company had failed to take any measures to prevent injuries to workers when they were compelled to work at heights and that the company had also failed to provide a safe system of work for employees who were attempting to un-jam the doors.

Weinerberger Ltd was found by the court (after the company pleaded guilty) to breaches of s.2(1) of the Health and Safety at Work etc Act 1974 in failing to provide a safe system of work for its employees. It was ordered to pay £4,190 in costs and was fined £13,500 as a result of the breach.

Chris Hadrill, an employment law solicitor at Redmans, stated after the result of the case that it “shows how life-changing breaches of health and safety can be. The company in this instance was found to be at fault for the injuries that Mr Snow sustained at work”.

It is not known whether Mr Snow is also pursuing a personal injury claim against the company.

If you’ve been injured in an injury at work then you may wish to pursue your employer for personal injury. If you choose to pursue a claim then it may be settled through a compromise agreement or you may have to go all the way to court to achieve justice.

Redmans Solicitors are employment law solicitors based in London